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One Hundred-second Calendar Day - Sixty-eighth Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, April 20, 1995 The House met pursuant to adjournment at 8:50 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend Richard Shaffer, Vail Presbyterian Church, Vail. The Journal of Wednesday, April 19, 1995 was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Dinkla of Guthrie, until his arrival, on request of Eddie of Buena Vista. 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 19, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 468, a bill for an act to legalize the transfer of certain property by the City of Keokuk and providing an effective date. Also: That the Senate has on April 19, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 472, a bill for an act relating to the local option sales and services tax by authorizing political subdivisions that will receive revenues from the tax to issue bonds in anticipation of the receipt of the revenues and providing an effective date and a retroactive applicability date. JOHN F. DWYER, Secretary SENATE MESSAGES CONSIDERED Senate File 468, by committee on judiciary, a bill for an act to legalize the transfer of certain property by the City of Keokuk and providing an effective date. Read first time and referred to committee on judiciary. Senate File 472, by committee on ways and means, a bill for an act relating to the local option sales and services tax by authorizing political subdivisions that will receive revenues from the tax to issue bonds in anticipation of the receipt of the revenues and providing an effective date and a retroactive applicability date. Read first time and referred to committee on ways and means. SENATE AMENDMENT CONSIDERED Vande Hoef of Osceola called up for consideration House File 492, a bill for an act relating to landlord remedies for tenant noncompliance with a rental agreement and acts constituting a clear and present danger, amended by the Senate, and moved that the House concur in the following Senate amendment H-3981: H-3981 1 Amend House File 492, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, by inserting after line 8 the 4 following: 5 "Sec. ___. Section 562A.5, Code 1995, is amended 6 by adding the following new subsection: 7 NEW SUBSECTION. 8. Occupancy in housing owned by 8 a nonprofit organization whose purpose is to provide 9 transitional housing for persons released from drug or 10 alcohol treatment facilities and in housing for 11 homeless persons. 12 Sec. ___. Section 562A.6, Code 1995, is amended by 13 adding the following new subsection: 14 NEW SUBSECTION. 15. "Transitional housing" means 15 temporary or nonpermanent housing. 16 Sec. ___. Section 562A.21, subsection 1, 17 unnumbered paragraph 1, Code 1995, is amended to read 18 as follows: 19 Except as provided in this chapter, if there is a 20 material noncompliance by the landlord with the rental 21 agreement or a noncompliance with section 562A.15 22 materially affecting health and safety, the tenant may 23 elect to commence an action under this section and 24 shall deliver a written notice to the landlord 25 specifying the acts and omissions constituting the 26 breach and that the rental agreement will terminate 27 upon a date not less thanthirtyseven days after 28 receipt of the notice if the breach is not remedied in 29fourteenseven days, and the rental agreement shall 30 terminate and the tenant shall surrender as provided 31 in the notice subject to the following: 32 Sec. ___. Section 562A.21, subsection 1, paragraph 33 b, Code 1995, is amended to read as follows: 34 b. If substantially the same act or omission which 35 constituted a prior noncompliance of which notice was 36 given recurs within six months, the tenant may 37 terminate the rental agreement upon at leastfourteen38 seven days' written notice specifying the breach and 39 the date of termination of the rental agreement unless 40 the landlord has exercised due diligence and effort to 41 remedy the breach which gave rise to the 42 noncompliance." 43 2. Page 1, line 9, by striking the words and 44 figures "subsections 1 and 2" and inserting the 45 following: "subsection 1". 46 3. Page 1, line 10, by striking the word "are" 47 and inserting the following: "is". 48 4. Page 1, lines 18 and 19, by striking the words 49 "daysseventy-two hours" and inserting the following: 50 "seven days". Page 2 1 5. Page 1, line 28, by striking the words "days'2 seventy-two hours'" and inserting the following: 3 "seven days'". 4 6. By striking page 1, line 31, through page 2, 5 line 1, and inserting the following: 6 "Sec. ___. Section 562A.27, subsection 4, 7 paragraph b, Code 1995, is amended to read as follows: 8 b. That the tenant notified the landlord at least 9fourteenseven days prior to the due date of the 10 tenant's rent payment of the tenant's intention to 11 correct the condition constituting the breach referred 12 to in paragraph "a"of this subsectionat the 13 landlord's expense; and". 14 7. Page 2, lines 9 and 10, by striking the words 15 "three days'seventy-two hours'" and inserting the 16 following: "three days'". 17 8. Page 2, by striking lines 15 through 17 and 18 inserting the following: "to quit." 19 9. Page 2, line 20, by striking the word "five" 20 and inserting the following: "fivethree". 21 10. Page 3, line 2, by striking the words "days22 seventy-two hours" and inserting the following: 23 "seven days". 24 11. Page 3, by striking lines 10 through 21. 25 12. By striking page 3, line 35, through page 4, 26 line 2, and inserting the following: "to quit. The". 27 13. Page 4, line 5, by striking the word "five" 28 and inserting the following: "fivethree". 29 14. Page 4, by striking lines 23 through 34. 30 15. By striking page 4, line 35, through page 5, 31 line 6. 32 16. Page 5, lines 17 and 18, by striking the 33 words "daysseventy-two hours" and inserting the 34 following: "three days". 35 17. Page 5, line 22, by striking the words "days'36 seventy-two-hour" and inserting the following: "three 37 days'". 38 18. Page 5, lines 29 and 30, by striking the 39 words "daysseventy-two hours" and inserting the 40 following: "three days". 41 19. Page 5, by inserting after line 32 the 42 following: 43 "Sec. ___. EFFECTIVE DATE. The amendments in this 44 Act to sections 562A.5 and 562A.6, being deemed of 45 immediate importance, take effect upon enactment." 46 20. Title page, line 1, by inserting after the 47 word "to" the following: "the exclusion of certain 48 nonprofit transitional housing from landlord-tenant 49 agreements and remedies, tenant remedies for landlord 50 noncompliance with a rental agreement,". Page 3 1 21. Title page, line 3, by inserting after the 2 word "danger" the following: ", and providing an 3 effective date". 4 22. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-3981. Vande Hoef of Osceola 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. 492) The ayes were, 79: Arnold Baker Bell Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Koenigs Kremer Lamberti Larkin Larson Lord Main Martin May Mertz Metcalf Meyer Millage Mundie Nelson, B. Nutt Ollie Rants Renken Running Salton Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Welter Wise Witt Mr. Speaker Corbett The nays were, 18: Bernau Brand Burnett Doderer Drees Fallon Harper Holveck Jochum Kreiman Mascher McCoy Murphy Myers Nelson, L. O'Brien Schrader Weigel Absent or not voting, 3: Brammer Dinkla Moreland The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. Appropriations Calendar Senate File 427, a bill for an act relating to authorizing the payment of salaries to senior judges, providing for a maximum retirement annuity amount paid to senior judges, affecting senior judge retirement benefits, the appointment of judges to senior judge status, and providing effective and applicability dates, with report of committee recommending amendment and passage, was taken up for consideration. Millage of Scott offered the following amendment H-3903 filed by the committee on judiciary and moved its adoption: H-3903 1 Amend Senate File 427, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 15, by striking the word "senior" 4 and inserting the following: "senior". 5 2. Page 1, line 15, by striking the word 6 "retiring" and inserting the following: "who 7 retires". 8 3. Page 1, line 16, by inserting after the figure 9 "1994" the following: "and who is appointed a senior 10 judge under section 602.9203". The committee amendment H-3903 was adopted. Millage of Scott moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 427) The ayes were, 95: Arnold Baker Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Disney Doderer Drake Drees Eddie Ertl 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 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, 5: Bell Brammer Dinkla Grundberg Moreland The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. LEAVE OF ABSENCE Leave of absence was granted as follows: Moreland of Wapello, until his arrival, on request of Schrader of Marion. Unfinished Business Calendar The House resumed consideration of Senate File 286, a bill for an act concerning workers' compensation by providing for the computing of gross weekly earnings for volunteer ambulance drivers, emergency medical technician trainees, and seasonal workers, and relating to judicial review of workers' compensation contested cases, previously deferred and placed on the unfinished business calendar. Kremer of Buchanan moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 286) The ayes were, 97: 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 Ertl Fallon Garman Gipp Greig Greiner 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 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, 3: Brammer Gries Moreland The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. SENATE AMENDMENT CONSIDERED Welter of Jones called up for consideration Senate File 290, a bill for an act relating to motor vehicle and highway regulation by the state department of transportation concerning retention of records and documents, registration plates and stickers, dissolution decree transfers of motor vehicle titles, junking certificates for abandoned vehicles, flashing blue lights, motorcycle license requirements, leased motor vehicles, proof of financial responsibility, charges for handicapped identification devices, single state registration for motor carriers, commodity base state registration, other technical changes, and providing 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-3978 to the House amendment: H-3978 1 Amend the amendment, S-3391, to Senate File 290, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by striking lines 4 and 5. 5 2. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-3978, to the House amendment. Welter of Jones 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. 290) The ayes were, 95: Arnold Baker Bell Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner 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 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, 5: Bernau Brammer Brunkhorst Gries Moreland 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 File 492 and Senate Files 286, 290, and 427. Speaker pro tempore Van Maanen of Marion in the chair at 9:27 a.m. Unfinished Business Calendar The House resumed consideration of Senate File 293, a bill for an act relating to providing for a five-year minimum prison term for a person who uses a dangerous weapon in the commission of a forcible felony, previously deferred and placed on the unfinished business calendar. Boddicker of Cedar 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. 293) The ayes were, 93: Arnold Baker 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 Ertl Fallon Garman Gipp Greig Gries Grubbs Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage 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, 7: Bell Brammer Brunkhorst Greiner Grundberg Houser Moreland The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. SENATE AMENDMENT CONSIDERED Eddie of Buena Vista called up for consideration 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, amended by the Senate, and moved that the House concur in the following Senate amendment H-3971: H-3971 1 Amend House File 460, as passed by the House, as 2 follows: 3 1. Page 2, line 3, by striking the figure 4 "306C.11A" and inserting the following: "306D.4". 5 2. Page 2, line 8, by striking the figure 6 "306C.11A" and inserting the following: "306D.4". 7 3. Page 2, by striking lines 10 through 14 and 8 inserting the following: 9 "The department of transportation shall have the 10 authority to adopt rules to control the erection of 11 new advertising devices on a highway designated as a 12 scenic highway or scenic byway in order to comply with 13 federal requirements concerning the implementation of 14 a scenic byways program." 15 4. By striking page 2, line 15, through page 3, 16 line 7. 17 5. Title page, by striking lines 1 through 3 and 18 inserting the following: "An Act relating to 19 governmental control of property by providing for". 20 6. By renumbering, relettering, or redesignating 21 and correcting internal references as necessary. The motion prevailed and the House concurred in the Senate amendment H-3971. Eddie of Buena Vista 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. 460) The ayes were, 95: 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 Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage 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 Brunkhorst Hahn Houser Moreland The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. Unfinished Business Calendar The House resumed consideration of Senate File 394, a bill for an act relating to instruments filed or recorded with the county recorder, previously deferred and placed on the unfinished business calendar. Vande Hoef of Osceola offered the following amendment H-3986 filed by him and moved its adoption: H-3986 1 Amend Senate File 394, as passed by the Senate, as 2 follows: 3 1. Page 1, by striking lines 10 through 12 and 4 inserting the following: "original signatures. The 5 instruments". 6 2. Page 1, by striking lines 15 and 16 and 7 inserting the following: "at least eight and one-half 8 inches across the page by two inches in length, on 9 which space shall be typed or legibly printed across 10 the page on the bottom one-fourth inch of this space, 11 the name, address, and telephone number of the 12 individual who prepared the instrument. The remaining 13 portion of this space shall be reserved for use by the 14 county recorder,". 15 3. Page 1, by striking lines 22 through 24 and 16 inserting the following: "print or type the 17 signatures appearing on the instrument." 18 4. Page 1, by inserting after line 29 the 19 following: 20 "Sec. ___. APPLICABILITY. This Act applies to 21 instruments signed or notarized on or after January 1, 22 1996." 23 5. Title page, line 2, by inserting after the 24 word "recorder" the following: "and providing for the 25 Act's applicability". 26 6. By renumbering as necessary. Amendment H-3986 was adopted. Vande Hoef of Osceola 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. 394) The ayes were, 95: 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 Ertl 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 Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie 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: Rants Absent or not voting, 4: Brammer Brunkhorst Hahn Moreland 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 File 460 and Senate Files 293 and 394. 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 19, 1995, concurred in the House amendment to the Senate amendment and passed the following bill in which the concurrence of the Senate was asked: House File 41, a bill for an act relating to the establishment of legal settlement for certain blind persons and providing an effective date. Also: That the Senate has on April 19, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 197, a bill for an act relating to the expansion of the volunteer physician program to include other health care providers. Also: That the Senate has on April 11, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 246, a bill for an act relating to civil litigation by inmates and prisoners and deductions from inmate accounts for certain expenses, including costs of litigation by inmates. Also: That the Senate has on April 19, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 486, a bill for an act relating to the regulation of cemetery operators and the regulation of perpetual care cemeteries and nonperpetual care cemeteries, establishing requirements related to the sale of preneed funeral contracts and the sale of funeral and cemetery merchandise, establishing fees and use of those fees, and providing penalties. Also: That the Senate has on April 19, 1995, adopted the following resolution in which the concurrence of the Senate was asked: House Concurrent Resolution 8, a concurrent resolution supporting the United Nations' recognition of the Republic of China on Taiwan. Also: That the Senate has on April 19, 1995, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 85, a bill for an act providing for the regulation of farm deer and making penalties applicable. Also: The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has, on April 19, 1995, appointed the conference committee to 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, and the members of the Senate are: The Senator from Polk, Senator Bisignano, Chair; the Senator from Marshall, Senator Giannetto; the Senator from Henry, Senator Vilsack; the Senator from Jones, Senator McKean; the Senator from Polk, Senator Maddox. Also: That the Senate has on April 19, 1995, concurred in the House amendment and passed the following bill in which concurrence of the Senate was asked: 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 activities of the state-county management committee, and providing an effective date. Also: That the Senate has on April 19, 1995, amended the House amendment, concurred in the House amendment as amended, and passed the following bill in which concurrence of the House is asked: Senate File 398, a bill for an act relating to commutation of sentences of persons who have been sentenced to life imprisonment. Also: That the Senate has on April 19, 1995, concurred in the House amendment and passed the following bill in which concurrence of the Senate was asked: Senate File 423, a bill for an act relating to delayed deposit services businesses and providing penalties. Also: That the Senate has on April 19, 1995, amended the House amendment, concurred in the House amendment as amended, and passed the following bill in which concurrence of the House is asked: 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. Also: That the Senate has on April 19, 1995, concurred in the House amendment and passed the following bill in which concurrence of the Senate was asked: 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. JOHN F. DWYER, Secretary The House stood at ease at 9:50 a.m., until the fall of the gavel. The House resumed session at 11:05 a.m., Speaker pro tempore Van Maanen of Marion in the chair. LEAVE OF ABSENCE Leave of absence was granted as follows: Greig of Emmet, until his return, on request of Siegrist of Pottawattamie. INTRODUCTION OF BILL House File 569, by committee on ways and means, a bill for an act relating to the motor vehicle leasing tax and providing an applicability provision. Read first time and placed on the ways and means calendar. SENATE AMENDMENTS CONSIDERED Nutt of Woodbury called up for consideration House File 485, a bill for an act relating to remedies upon the dishonoring of a financial instrument and providing penalties, amended by the Senate, and moved that the House concur in the following Senate amendment H-3977: H-3977 1 Amend House File 485, as amended, passed, and re- 2 printed by the House, as follows: 3 1. Page 1, line 13, by striking the words "one 4 hundred" and inserting the following: "fifty". 5 2. Page 1, line 28, by striking the words "one 6 hundred" and inserting the following: "fifty". The motion prevailed and the House concurred in the Senate amendment H-3977. Nutt of Woodbury 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. 485) The ayes were, 93: 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 Drake Drees Eddie Ertl Fallon Garman Gipp Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May 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, 4: Doderer Holveck McCoy Shoultz Absent or not voting, 3: Brammer Brunkhorst Greig The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Boddicker of Cedar called up for consideration Senate File 433, a bill for an act relating to the family investment program and related human services programs by requiring the department of human services to apply for a federal waiver regarding limited benefit plans and providing applicability provisions, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-3958 to the House amendment: H-3958 1 Amend the House amendment, S-3433, to Senate File 2 433, as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. Page 1, by striking lines 3 through 22. 5 2. Page 1, by striking lines 40 through 42. 6 3. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-3958, to the House amendment. Boddicker of Cedar 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. 433) 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 Ertl 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 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: Mascher Absent or not voting, 2: Brammer Greig 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 File 485 and Senate File 433. Ways and Means Calendar House File 545, a bill for an act providing a sales tax exemption relating to certain aircraft and effective date and retroactive applicability provisions, was taken up for consideration. Rants of Woodbury offered the following amendment H-3864 filed by him and moved its adoption: H-3864 1 Amend House File 545 as follows: 2 1. Page 1, by striking lines 13 through 15 and 3 inserting the following: "administration-certified 4 air carrier operation." 5 2. Page 1, line 16, by striking the word "REFUND" 6 and inserting the following: "REFUNDS". 7 3. Page 1, line 20, by inserting after the figure 8 "1995" the following: ", and shall be limited to 9 twenty-five thousand dollars in the aggregate, 10 notwithstanding any other provision of law. If the 11 amount of claims totals more than twenty-five thousand 12 dollars in the aggregate, the department of revenue 13 and finance shall prorate the twenty-five thousand 14 dollars among all claimants in relation to the amounts 15 of the claimants' valid claims". 16 4. Page 1, line 21, by inserting after the word 17 "APPLICABILITY" the following: "PROVISION". 18 5. Page 1, line 23, by striking the word 19 "enactment," and inserting the following: 20 "enactment". 21 6. Title page, line 1, by striking the word 22 "certain". 23 7. Title page, by striking line 2 and inserting 24 the following: "aircraft, limiting the amount of 25 refunds, and providing effective date and retroactive 26 applicability". Amendment H-3864 was adopted. SENATE FILE 181 SUBSTITUTED FOR HOUSE FILE 545 Rants of Woodbury asked and received unanimous consent to substitute Senate File 181 for House File 545. Senate File 181, a bill for an act providing a sales tax exemption relating to aircraft, limiting the amount of refunds, and providing effective date and retroactive applicability provisions, was taken up for consideration. Rants of Woodbury moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 181) The ayes were, 57: Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Grubbs Grundberg Hahn Halvorson Hanson Harrison Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Mertz Metcalf Meyer Millage Mundie Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Van Fossen Weidman Welter Van Maanen, Presiding The nays were, 41: Arnold Baker Bell Bernau Brand Burnett Cataldo Cohoon Connors Doderer Drees Fallon Greiner Gries Hammitt Harper Heaton Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Moreland Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Tyrrell Vande Hoef Veenstra Warnstadt Weigel Wise Witt Absent or not voting, 2: Brammer Greig 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 181 be immediately messaged to the Senate. HOUSE FILE 545 WITHDRAWN Halvorson of Clayton asked and received unanimous consent to withdraw House File 545 from further consideration by the House. 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 20, 1995, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 422, a bill for an act relating to the duties of the county recorder, by transferring certain duties of the clerk of the district court relating to vital statistics and marriage, by providing for fees, by providing for other properly related matters, and providing effective dates. Also: That the Senate has on April 20, 1995, refused to concur in the House amendment as amended to the following bill in which the concurrence of the Senate was asked: Senate File 459, a bill for an act relating to and making appropriations to the department of justice, office of consumer advocate, board of parole, department of corrections, judicial district departments of correctional services, judicial department, state public defender, Iowa law enforcement academy, department of public defense, and for the department of public safety's administration, division of criminal investigation and bureau of identification, division of narcotics enforcement, undercover purchases, and the state fire marshal's office, for the fiscal year beginning July 1, 1995, and providing effective dates and retroactive applicability. Also: That the Senate has on April 20, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 477, a bill for an act establishing an oversight, audit and government reform committee, and providing an effective date. JOHN F. DWYER, Secretary Ways and Means Calendar House File 555, a bill for an act relating to the deduction and credit for amounts paid for tuition and textbooks for elementary and secondary schools under the state individual income tax and providing effective and applicability date provisions, was taken up for consideration. Warnstadt of Woodbury offered the following amendment H-3994 filed by him from the floor and moved its adoption: H-3994 1 Amend House File 555 as follows: 2 1. Page 1, by inserting after line 2 the 3 following: 4 "Sec. ___. Section 422.12, subsection 1, Code 5 1995, is amended by adding the following new 6 paragraph: 7 NEW PARAGRAPH. f. For each dependent attending a 8 public elementary or secondary school in this state, 9 the amount of any fees charged for textbooks to be 10 used by the dependent." Roll call was requested by Schrader of Marion and Kreiman of Davis. On the question "Shall amendment H-3994 be adopted?" (H.F. 555) The ayes were, 42: Baker Bell Bernau Brand Brauns Brunkhorst Burnett Cataldo Cohoon Connors Disney Doderer Drees Grundberg Hammitt Harper Holveck Jacobs Jochum Koenigs Kreiman Larkin Martin Mascher May Metcalf Moreland Mundie Murphy Myers Nelson, B. Nelson, L. O'Brien Ollie Rants Running Schrader Shoultz Thomson Warnstadt Wise Witt The nays were, 50: Arnold Boddicker Boggess Bradley Branstad Carroll Coon Cormack Cornelius Daggett Dinkla Drake Ertl Garman Gipp Greiner Gries Grubbs Hahn Halvorson Hanson Harrison Heaton Houser Hurley Huseman Klemme Kremer Lamberti Lord Main McCoy Mertz Meyer Millage Nutt Renken Salton Schulte Siegrist Sukup Teig Tyrrell Van Fossen Vande Hoef Veenstra Weidman Weigel Welter Van Maanen, Presiding Absent or not voting, 8: Blodgett Brammer Churchill Corbett, Spkr. Eddie Fallon Greig Larson Amendment H-3994 lost. Siegrist of Pottawattamie asked and received unanimous consent that House File 555 be deferred and that the bill retain its place on the ways and means calendar. On motion by Siegrist of Pottawattamie, the House was recessed at 12:15 p.m., until 1:45 p.m. AFTERNOON SESSION The House reconvened at 1:45 p.m., Speaker pro tempore Van Maanen of Marion in the chair. SENATE MESSAGE CONSIDERED Senate File 477, by committee on appropriations, a bill for an act establishing an oversight, audit and government reform committee, and providing an effective date. Read first time and referred to committee on appropriations. CONSIDERATION OF HOUSE CONCURRENT RESOLUTION 18 Brauns of Muscatine called up for consideration House Concurrent Resolution 18, a concurrent resolution relating to border city trucking agreements, and moved its adoption. The motion prevailed and the resolution was adopted. CONSIDERATION OF HOUSE CONCURRENT RESOLUTION 23 Heaton of Henry called up for consideration House Concurrent Resolution 23, a concurrent resolution urging the Congress of the United States to quickly develop and approve the proposed national highway system, and moved its adoption. The motion prevailed and the resolution was adopted. LEAVE OF ABSENCE Leave of absence was granted as follows: Thomson of Linn, until her return, on request of Siegrist of Pottawattamie. SENATE AMENDMENT CONSIDERED Halvorson of Clayton called up for consideration House File 552, a bill for an act relating to changing the point of taxation of motor vehicle fuel by requiring suppliers, restrictive suppliers, importers, exporters, dealers, users, or blenders licenses, changing reporting periods, and adding penalties and providing an effective date, amended by the Senate, and moved that the House concur in the following Senate amendment H-3980: H-3980 1 Amend House File 552, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 26, by striking lines 24 through 27 and 4 inserting the following: "accumulated sixty dollars 5 in credits for one calendar year. A claim for refund 6 may be filed any time the sixty dollar minimum has 7 been met within the calendar year. If the sixty 8 dollar minimum has not". 9 2. Page 26, line 29, by striking the words "the 10 taxpayer" and inserting the following: "the 11 claimant". 12 3. Page 26, line 31, by striking the words "two 13 hundred fifty" and inserting the following: "sixty". 14 4. Page 40, line 9, by inserting after the word 15 "chapter." the following: "The department of revenue 16 and finance shall adopt rules providing for 17 enforcement under division I and this division of this 18 chapter regarding the use of motor fuel or special 19 fuel in implements of husbandry." 20 5. Page 43, line 14, by inserting after the word 21 "gallon." the following: "However, on-farm storage of 22 undyed special fuel shall be exempt from the inventory 23 requirements and the tax imposed under this section." 24 6. Title page, by striking lines 2 and 3 and 25 inserting the following: "vehicle fuel by requiring 26 supplier's, restrictive supplier's, importer's, 27 exporter's, dealer's, user's, or blender's licenses,". 28 7. By renumbering, relettering, or redesignating 29 and correcting internal references as necessary. The motion prevailed and the House concurred in the Senate amendment H-3980. Halvorson of Clayton 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. 552) The ayes were, 95: 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 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 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: Baker Brammer Ertl Thomson The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 552 be immediately messaged to the Senate. CONSIDERATION OF BILLS Unfinished Business Calendar The House resumed consideration of House File 457, a bill for an act providing for pesticides, by providing for notification of application and providing for the elimination of provisions relating to chemigation, previously deferred and placed on the unfinished business calendar. Weigel of Chickasaw asked and received unanimous consent to withdraw the following amendments filed by him: H-3400 filed on March 21, 1995. H-3345 filed on March 20, 1995. H-3724 filed on April 4, 1995. Greiner of Washington offered the following amendment H-3993 filed by her from the floor and moved its adoption: H-3993 1 Amend House File 457 as follows: 2 1. Page 1, by striking lines 1 through 26 and 3 inserting the following: 4 "Section 1. Section 206.19, subsection 3, Code 5 1995, is amended to read as follows: 6 3. Determine in cooperation with municipalities, 7 the proper notice to be given by a commercial or 8 public applicator to occupants of adjoining properties 9 in urban areas prior to or after the exterior 10 application of pesticides, and establish a schedule to 11 determine the periods of application least harmful to 12 living beings, and adopt rules to implement these13provisions. The rules shall provide that a commercial 14 or public applicator must provide notice only if an 15 occupant requests that the commercial or public 16 applicator provide the occupant notice in writing in a 17 timely manner prior to the application. The request 18 shall include the name and address of the occupant, a 19 telephone number of a location where the occupant may 20 be contacted during normal business hours, and the 21 address of each property that adjoins the occupant's 22 property. The notification shall expire on December 23 31 of each year, or the date when the occupant no 24 longer occupies the property, whichever is earlier. 25 Municipalities shall cooperate with the department by 26 reporting infractions and in implementing this 27 subsection." 28 2. Title page, by striking lines 1 through 3 and 29 inserting the following: "An Act providing for 30 notification of the application of pesticides." Amendment H-3993 was adopted. SENATE FILE 256 SUBSTITUTED FOR HOUSE FILE 457 Greiner of Washington asked and received unanimous consent to substitute Senate File 256 for House File 457. Senate File 256, a bill for an act providing for notification of the application of pesticides, was taken up for consideration. Weigel of Chickasaw asked and received unanimous consent to withdraw the following amendments filed by him on April 11, 1995: H-3893, H-3894 and H-3895. Greiner of Washington offered amendment H-3995 filed by her from the floor as follows: H-3995 1 Amend Senate File 256, as passed by the Senate, as 2 follows: 3 1. By striking page 1, lines 1 through 21, and 4 inserting the following: 5 "Section 1. Section 206.2, subsection 7, Code 6 1995, is amended by striking the subsection. 7 Sec. 2. Section 206.5, subsection 6, Code 1995, is 8 amended by striking the subsection. 9 Sec. 3. Section 206.19, subsection 3, Code 1995, 10 is amended to read as follows: 11 3. Determine in cooperation with municipalities, 12 the proper notice to be given by a commercial or 13 public applicator to occupants of adjoining properties 14 in urban areas prior to or after the exterior 15 application of pesticides, and establish a schedule to 16 determine the periods of application least harmful to 17 living beings, and adopt rules to implement these18provisions. The rules shall provide that a commercial 19 or public applicator must provide notice only if an 20 occupant requests that the commercial or public 21 applicator provide the occupant notice in a timely 22 manner prior to the application. The request shall 23 include the name and address of the occupant, a 24 telephone number of a location where the occupant may 25 be contacted during normal business hours and evening 26 hours, and the address of each property that adjoins 27 the occupant's property. The notification shall 28 expire on December 31 of each year, or the date when 29 the occupant no longer occupies the property, 30 whichever is earlier. Municipalities shall cooperate 31 with the department by reporting infractions and in 32 implementing this subsection. 33 Sec. 4. Section 206.22, subsection 4, Code 1995, 34 is amended by striking the subsection. 35 Sec. 5. REPEAL. Chapter 206A, Code 1995, is 36 repealed." 37 2. Title page, lines 1 and 2, by striking the 38 words "notification of the application of pesticides" 39 and inserting the following: "pesticides, by 40 providing for the notification of application and 41 providing for the elimination of provisions relating 42 to chemigation." Greiner of Washington asked and received unanimous consent to defer action on Senate File 256. (Amendment H-3995 pending.) CONSIDERATION OF SENATE CONCURRENT RESOLUTION 11 Heaton of Henry called up for consideration Senate Concurrent Resolution 11, a concurrent resolution declaring support for Amtrak. Heaton of Henry offered the following amendment H-3140 filed by the committee on transportation and moved its adoption: H-3140 1 Amend Senate Concurrent Resolution 11 to read as 2 follows: 3 1. By striking page 1, line 29, through page 2, 4 line 2. 5 2. Page 2, by striking lines 15 and 16. 6 3. Page 2, line 17, by striking the figure "4." 7 and inserting the following: "3." The committee amendment H-3140 was adopted. On motion by Heaton of Henry, the resolution, as amended, was adopted. Unfinished Business Calendar The House resumed consideration of Senate File 146, a bill for an act relating to Iowa-foaled horses and Iowa-whelped dogs used for breeding and racing, previously deferred and placed on the unfinished business calendar. Kremer of Buchanan asked and received unanimous consent to withdraw amendment H-3440 filed by him on March 23, 1995. Greig of Emmet 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. 146) 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 Ertl 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 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 Garman 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 146 be immediately messaged to the Senate. SENATE AMENDMENT CONSIDERED Dinkla of Guthrie called up for consideration House File 490, a bill for an act relating to limited liability companies, amended by the Senate, and moved that the House concur in the following Senate amendment H-3899: H-3899 1 Amend House File 490, as passed by the House, as 2 follows: 3 1. Page 2, by inserting after line 15 the 4 following: 5 "Sec. ___. Section 490A.1501, subsection 4, Code 6 1995, is amended to read as follows: 7 4. "Profession" means the profession of certified 8 public accountancy, architecture, chiropractic, 9 dentistry, physical therapy, psychology, professional 10 engineering, land surveying, landscape architecture, 11 law, medicine and surgery, optometry, osteopathy, 12 osteopathic medicine and surgery, accounting 13 practitioner, podiatry, speech pathology, audiology, 14 veterinary medicine, pharmacy,andnursing, and 15 marriage and family therapy, provided that the 16 marriage and family therapist is licensed under 17 chapters 147 and 154D." 18 2. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-3899. Dinkla of Guthrie moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 490) The ayes were, 97: 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 Ertl 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 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 Coon Greig The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 490 be immediately messaged to the Senate. RULES SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent to suspend the rules for the immediate consideration of House File 565. Appropriations Calendar House File 565, a bill for an act establishing a school-to-work planning and implementation program focusing on career pathways for students, was taken up for consideration. Wise of Lee offered the following amendment H-4003 filed by Wise, Cohoon, Gries, Hanson and Nelson of Marshall from the floor and moved its adoption: H-4003 1 Amend House File 565 as follows: 2 1. Page 1, line 7, by striking the word and 3 figures "258.18, subsection 2" and inserting the 4 following: "256.17". 5 2. By striking page 1, line 12 through page 3, 6 line 16 and inserting the following: 7 "Sec. 2. NEW SECTION. 256.17 SCHOOL-TO-WORK 8 TRANSITION SYSTEM. 9 1. It is the policy of the state of Iowa to 10 provide an education system that prepares the students 11 of this state to meet the high skills demands of 12 today's workplace. The general assembly recognizes 13 the need to prepare students for any postsecondary 14 opportunity that leads to high-wage, high-skill 15 careers. In order to meet this need, the high school 16 curriculum must be redesigned so students appreciate 17 the relevance of academic course work, reach higher 18 levels of learning in science, math, and 19 communications skills, and acquire the ability to 20 apply this knowledge. 21 2. The departments of education, employment 22 services, and economic development shall develop a 23 statewide school-to-work transition system in 24 consultation with local school districts, community 25 colleges, and labor, business, and industry interests. 26 Initially the development of the system shall focus 27 upon youth apprenticeship and as development continues 28 shall incorporate additional recommendations regarding 29 expansion of other school-to-work opportunities for 30 high school youths. The system shall be designed to 31 attain the following objectives: 32 a. Set high standards by promoting higher academic 33 performance levels. 34 b. Connect work and learning so that the classroom 35 is linked to worksite learning and experience. 36 c. Ready students for work in order to improve 37 their prospects for immediate employment after leaving 38 school on paths that provide significant opportunity 39 to continued education and career development. 40 d. Engage employers and workers by promoting their 41 participation in the education of youth in order to 42 ensure the development of a skilled, flexible, entry- 43 level workforce. 44 e. Provide a framework to position the state to 45 access federal resources for state youth 46 apprenticeship systems and local programs. 47 f. Motivate youths to stay in school and become 48 productive citizens. 49 3. The department of education shall provide for 50 the establishment of regional school-to-work Page 2 1 partnerships for the purpose of planning, developing, 2 implementing, and strengthening school-to-work system 3 development efforts in accordance with subsection 2. 4 Regional school-to-work partnerships shall be composed 5 of employment and training professional staff from the 6 department of economic development and the department 7 of employment services, representatives from local 8 education agencies, the community college, area 9 education agency, and regional vocational planning 10 board or consortia serving the region, and regional 11 representatives from business, labor, and community 12 service organizations. Each regional partnership 13 shall collaborate with the courts, the department of 14 human services, the division of vocational 15 rehabilitation of the department of education, and the 16 new Iowa schools development corporation. If the 17 general assembly appropriates moneys for a fiscal year 18 for purposes of this subsection, the regional school- 19 to-work partnerships shall provide assistance to local 20 consortia in developing a plan and budget for grant 21 applications for local school-to-work development 22 efforts. An existing partnership or organization, 23 including a regional school-to-work partnership, that 24 meets the established criteria, may be considered a 25 consortium for grant application purposes. A 26 consortium shall consist of, but is not limited to, 27 one or more school districts, a community college, 28 area education agency, representatives from business 29 and labor organizations and others as determined 30 within the region. The department shall develop 31 criteria, guidelines, and a process to be used in 32 selecting consortium grant recipients. A consortium 33 shall provide matching funds or match grant funds with 34 in-kind resources on a dollar-for-dollar basis, 35 evaluate the effectiveness of the program and report 36 the findings to the department on an annual basis. In 37 addition to the requirements of subsection 2, an 38 approved school-to-work system development effort 39 shall provide for the following: 40 a. Measure the employability skills of students. 41 Employability skills shall include, but are not 42 limited to, reading for information, applied 43 mathematics, listening, and writing. 44 b. Curricula designed to set high standards for 45 all students and create career pathways to prepare 46 students for high-wage, high-skill careers, and for 47 further education and training. The curricula shall 48 be designed through the cooperative efforts of 49 secondary and postsecondary education professionals, 50 business professionals, and community services Page 3 1 professionals. 2 c. Career guidance and exploration for students. 3 d. Staff development to implement the high- 4 standard curriculum. These efforts may include team 5 teaching techniques that utilize expertise from 6 partnership businesses and postsecondary institutions. 7 4. A school-to-work program is a comprehensive 8 school transformation program under section 294A.14. 9 5. Notwithstanding section 8.33, unencumbered or 10 unobligated funds remaining on June 30 of any fiscal 11 year from moneys appropriated for the purposes of this 12 section shall not revert to the general fund of the 13 state but shall be available for expenditure for the 14 following fiscal year for the purposes of this 15 section. 16 Sec. 3. REPEAL. Section 258.18, Code 1995, is 17 repealed." 18 3. By renumbering as necessary. Amendment H-4003 was adopted, placing out of order amendment H-3932 filed by Boddicker of Cedar on April 13, 1995. Wise of Lee 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. 565) The ayes were, 96: Arnold Baker Bell Bernau Blodgett Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage 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: Boddicker Absent or not voting, 3: Brammer Hurley Moreland The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 565 be immediately messaged to the Senate. HOUSE INSISTS Garman of Story called up for consideration Senate File 459, a bill for an act relating to and making appropriations to the department of justice, office of consumer advocate, board of parole, department of corrections, judicial district departments of correctional services, judicial department, state public defender, Iowa law enforcement academy, department of public defense, and for the department of public safety's administration, division of criminal investigation and bureau of identification, division of narcotics enforcement, undercover purchases, and the state fire marshal's office, for the fiscal year beginning July 1, 1995, and providing effective dates and retroactive applicability and moved that the House insist on its amendment, which motion prevailed. SENATE AMENDMENT CONSIDERED Grubbs of Scott called up for consideration House File 246, a bill for an act relating to civil litigation by inmates and prisoners and deductions from inmate accounts for certain expenses, including costs of litigation by inmates, amended by the Senate, and moved that the House concur in the following Senate amendment H-3990: H-3990 1 Amend House File 246 as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 2, line 16, by inserting after the word 4 "claim" the following: "which was determined to be 5 frivolous or malicious". The motion prevailed and the House concurred in the Senate amendment H-3990. Grubbs of Scott 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. 246) 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 Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser 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: Doderer Absent or not voting, 2: Brammer Hurley The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 246 be immediately messaged to the Senate. RULES SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent to suspend the rules for the immediate consideration of House File 563. House File 563, a bill for an act relating to the merit system classification of employees of statewide elected officials, with report of committee recommending passage, was taken up for consideration. Disney 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?" (H.F. 563) The ayes were, 97: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl 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: Bradley Brammer Myers The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. SENATE AMENDMENT CONSIDERED Cormack of Webster called up for consideration House File 481, a bill for an act appropriating federal funds made available from federal block grants and other federal grants, allocating portions of federal block grants, and providing procedures if federal funds are more or less than anticipated or if federal block grants are more or less than anticipated or if categorical grants are consolidated into new or existing block grants and providing an effective and retroactive applicability date, amended by the Senate amendment H-3979 as follows: H-3979 1 Amend House File 481, as passed by the House, as 2 follows: 3 1. Page 6, lines 7 and 8, by striking the words 4 "governor for the drug enforcement and abuse 5 prevention coordinator" and inserting the following: 6 "attorney general". 7 2. Page 6, line 16, by striking the words "drug 8 enforcement and abuse coordinator" and inserting the 9 following: "office of the attorney general". 10 3. Page 18, line 1, by inserting after the word 11 "law" the following: ", in the following amounts for 12 the purposes indicated". 13 4. Page 18, by inserting after line 1 the 14 following: 15 "1. For plant and animal disease and pest control, 16 grant number 10025: 17 $ 665,540 18 2. For assistance for intrastate meat and poultry, 19 grant number 10475: 20 $ 954,286 21 3. For farmers market nutrition program, grant 22 number 10577: 23 $ 412,981 24 4. For soil and water conservation, grant number 25 10902: 26 $ 57,000 27 5. For food and drug -- research grants, grant 28 number 13103: 29 $ 154,522 30 6. For surface coal mining regulation, grant 31 number 15250: 32 $ 153,169 33 7. For abandoned mine land reclamation, grant 34 number 15252: 35 $ 3,462,736 36 8. For pesticide enforcement program, grant number 37 66700: 38 $ 672,170 39 9. For pesticide certification program, grant 40 number 66720: 41 $ 65,520" 42 5. Page 18, line 23, by inserting after the word 43 "law" the following: ", in the following amounts for 44 the purposes indicated". 45 6. Page 18, by inserting after line 23 the 46 following: 47 "1. For vocational rehabilitation -- FICA, grant 48 number 13802: 49 $ 286,876 50 2. For assistive technology information network, Page 2 1 grant number 84224: 2 $ 22,980 3 3. For rehabilitation services -- basic support, 4 grant number 84126: 5 $ 4,394,181 6 4. For rehabilitation training, grant number 7 84129: 8 $ 18,894 9 5. For independent living project, grant number 10 84169: 11 $ 110,857 12 6. For older blind, grant number 84177: 13 $ 192,240 14 7. For supported employment, grant number 84187: 15 $ 52,541" 16 7. Page 19, line 34, by inserting after the word 17 "law" the following: ", in the following amounts for 18 the purposes indicated". 19 8. Page 19, by inserting after line 34 the 20 following: 21 "1. For historic preservation grants-in-aid, grant 22 number 15904: 23 $ 524,572 24 2. For promotion of the arts -- education, grant 25 number 45003: 26 $ 95,500 27 3. For promotion of the arts -- federal and state, 28 grant number 45007: 29 $ 471,000 30 4. For promotion of the arts -- special projects, 31 grant number 45011: 32 $ 102,825" 33 9. Page 20, line 7, by inserting after the word 34 "law" the following: ", in the following amounts for 35 the purposes indicated". 36 10. Page 20, by inserting after line 7 the 37 following: 38 "1. For nutrition program for elderly, grant 39 number 10570: 40 $ 2,212,991 41 2. For senior community service employment 42 program, grant number 17235: 43 $ 1,035,295 44 3. For prevention of elder abuse, grant number 45 93041: 46 $ 28,161 47 4. For preventive health, grant number 93043: 48 $ 201,504 49 5. For supportive services, grant number 93044: 50 $ 4,516,282 Page 3 1 6. For nutrition, grant number 93045: 2 $ 6,038,894 3 7. For frail elderly, grant number 93046: 4 $ 83,704 5 8. For ombudsman activity, grant number 93042: 6 $ 54,182 7 9. For benefits counseling, grant number 93049: 8 $ 26,242" 9 11. Page 20, line 15, by inserting after the word 10 "law" the following: ", in the following amounts for 11 the purposes indicated". 12 12. Page 20, by inserting after line 15 the 13 following: 14 "1. For Trade Expansion Act, grant number 11309: 15 $ 10,000 16 2. For child support enforcement, grant number 17 13783: 18 $ 109,068 19 3. For employment statistics, grant number 17002: 20 $ 1,400,416 21 4. For research and statistics, grant number 22 17005: 23 $ 97,206 24 5. For labor certification, grant number 17202: 25 $ 108,885 26 6. For employment service, grant number 17207: 27 $ 10,720,817 28 7. For unemployment insurance grant to state, 29 grant number 17225: 30 $ 19,730,000 31 8. For occupational safety and health, grant 32 number 17500: 33 $ 1,676,362 34 9. For disabled veterans outreach, grant number 35 17801: 36 $ 1,016,101 37 10. For local veterans employment representation, 38 grant number 17804: 39 $ 1,382,805 40 11. For unemployment insurance trust receipts, 41 grant number 17998: 42 $ 184,010,000" 43 13. Page 21, line 4, by inserting after the word 44 "law" the following: ", in the following amounts for 45 the purposes indicated". 46 14. Page 21, by inserting after line 4 the 47 following: 48 "1. For juvenile justice and delinquency 49 prevention, grant number 16540: 50 $ 612,558 Page 4 1 2. For weatherization assistance, grant number 2 81042: 3 $ 4,992,011 4 3. For client assistance, grant number 84161: 5 $ 100,000 6 4. For low-income home energy assistance, grant 7 number 93568: 8 $ 26,290,443 9 5. For community services block grant, grant 10 number 93572: 11 $ 4,418,251" 12 15. Page 21, line 12, by inserting after the word 13 "law" the following: ", in the following amounts for 14 the purposes indicated". 15 16. Page 21, by inserting after line 12 the 16 following: 17 "1. For assistance for intrastate meat and 18 poultry, grant number 10475: 19 $ 28,085 20 2. For food and drug -- research grants, grant 21 number 13103: 22 $ 8,388 23 3. For Title XVIII medicare inspections, grant 24 number 13773: 25 $ 1,685,106 26 4. For state medicaid fraud control unit, grant 27 number 13775: 28 $ 14,762 29 5. For state medicaid fraud control, grant number 30 93775: 31 $ 305,954" 32 17. Page 22, line 7, by inserting after the word 33 "law" the following: ", in the following amounts for 34 the purposes indicated". 35 18. Page 22, by inserting after line 7 the 36 following: 37 "1. For forestry incentive program, grant number 38 10064: 39 $ 1,235,000 40 2. For cooperative forestry assistance, grant 41 number 10664: 42 $ 485,000 43 3. For surface coal mining regulation, grant 44 number 15250: 45 $ 28,894 46 4. For fish restoration, grant number 15605: 47 $ 3,855,000 48 5. For wildlife restoration, grant number 15611: 49 $ 2,700,000 50 6. For rare and endangered species conservation, Page 5 1 grant number 15612: 2 $ 21,575 3 7. For acquisition, development, and planning, 4 grant number 15916: 5 $ 250,000 6 8. For recreation boating safety financial 7 assistance, grant number 20005: 8 $ 494,000 9 9. For Clean Lakes Act, grant number 66435: 10 $ 440,501 11 10. For consolidated environmental programs 12 support, grant number 66600: 13 $ 8,993,210 14 11. For energy conservation, grant number 81041: 15 $ 431,006 16 12. For grants for local government, grant number 17 81052: 18 $ 695,853" 19 19. Page 22, line 29, by inserting after the word 20 "law" the following: ", in the following amounts for 21 the purposes indicated". 22 20. Page 22, by inserting after line 29 the 23 following: 24 "1. For military operations -- Army national 25 guard, grant number 12991: 26 $ 7,612,676 27 2. For superfund authorization, grant number 28 83011: 29 $ 79,000 30 3. For federal hazmat training, grant number 31 83012: 32 $ 3,430 33 4. For emergency management training, grant number 34 83403: 35 $ 6,000 36 5. For emergency management assistance, grant 37 number 83503: 38 $ 920,250 39 6. For state disaster preparedness grants, grant 40 number 83505: 41 $ 20,000 42 7. For state and local emergency operation 43 centers, grant number 83512: 44 $ 2,000,000 45 8. For disaster assistance, grant number 83516: 46 $ 16,681,513 47 9. For hazard mitigation, grant number 83519: 48 $ 430,000" 49 21. Page 23, line 9, by inserting after the word 50 "law" the following: ", in the following amounts for Page 6 1 the purposes indicated". 2 22. Page 23, by inserting after line 9 the 3 following: 4 "1. For agricultural experiment, grant number 5 10203: 6 $ 3,870,819 7 2. For 1890 land grant colleges, grant number 8 10205: 9 $ 50,000 10 3. For cooperative extension service, grant number 11 10500: 12 $ 8,500,000 13 4. For school breakfast program, grant number 14 10553: 15 $ 9,054 16 5. For school lunch program, grant number 10555: 17 $ 209,429 18 6. For maternal and child health, grant number 19 13110: 20 $ 104,276 21 7. For cancer treatment research, grant number 22 13395: 23 $ 40,805 24 8. For general research, grant number 83500: 25 $ 226,358,348 26 9. For education of handicapped children, grant 27 number 84009: 28 $ 20,713 29 10. For handicapped -- state grants, grant number 30 84027: 31 $ 272,050" 32 23. Page 24, line 21, by inserting after the word 33 "law" the following: ", in the following amounts for 34 the purposes indicated". 35 24. Page 24, by inserting after line 21 the 36 following: 37 "1. For department of housing and urban 38 development, grant number 14000: 39 $ 25,000 40 2. For department of justice, grant number 16000: 41 $ 480,000 42 3. For marijuana control, grant number 16580: 43 $ 58,000 44 4. For state and community highway safety, grant 45 number 20600: 46 $ 3,587,883" 47 25. Page 24, line 29, by inserting after the word 48 "law" the following: ", in the following amounts for 49 the purposes indicated". 50 26. Page 24, by inserting after line 29 the Page 7 1 following: 2 "1. For women, infants, and children, grant number 3 10557: 4 $ 29,397,925 5 2. For food and drug -- research grants, grant 6 number 13103: 7 $ 10,802 8 3. For primary care services, grant number 13130: 9 $ 144,715 10 4. For health services -- grants and contracts, 11 grant number 13226: 12 $ 185,605 13 5. For drug abuse research grant, grant number 14 13279: 15 $ 49,200 16 6. For prevention disability, grant number 13283: 17 $ 89,636 18 7. For asbestos enforcement, grant number 66706: 19 $ 16,739 20 8. For health programs for refugees, grant number 21 13987: 22 $ 37,980 23 9. For alcohol and drug abuse block grant, grant 24 number 13992: 25 $ 12,315,234 26 10. For radon control, grant number 66032: 27 $ 348,853 28 11. For toxic substance compliance monitoring, 29 grant number 66701: 30 $ 169,871 31 12. For asbestos enforcement program, grant number 32 66702: 33 $ 155,051 34 13. For drug-free schools -- communities, grant 35 number 84186: 36 $ 1,084,256 37 14. For hazardous waste, grant number 66802: 38 $ 50,596 39 15. For regional delivery systems, grant number 40 93110: 41 $ 242,076 42 16. For TB control -- elimination, grant number 43 93116: 44 $ 211,649 45 17. For AIDS prevention project, grant number 46 93118: 47 $ 1,106,712 48 18. For physician education, grant number 93161: 49 $ 386,405 50 19. For childhood lead abatement, grant number Page 8 1 93197: 2 $ 730,303 3 20. For family planning projects, grant number 4 93217: 5 $ 598,468 6 21. For immunization program, grant number 93268: 7 $ 1,498,835 8 22. For needs assessment grant, grant number 9 93283: 10 $ 1,385,046 11 23. For model programs for adolescents, grant 12 number 93902: 13 $ 702,961 14 24. For rural health, grant number 93913: 15 $ 43,341 16 25. For HIV cares grants, grant number 93917: 17 $ 333,799 18 26. For trauma care, grant number 93953: 19 $ 120,767 20 27. For preventive health services, grant number 21 93977: 22 $ 585,877 23 28. For preventive health blocks, grant number 24 93991: 25 $ 1,807,096 26 29. For maternal and child health block grant, 27 grant number 93994: 28 $ 6,927,002 29 30. For Aids prevention project, grant number 30 93940: 31 $ 52,135 32 31. For substance abuse program grants, grant 33 number 93959: 34 $ 685,751 35 32. For refugee health, grant number 93987: 36 $ 11,164 37 33. For alcohol/drug abuse block grant, grant 38 number 93992: 39 $ 29,680" 40 27. Page 25, line 2, by inserting after the word 41 "law" the following: ", in the following amounts for 42 the purposes indicated". 43 28. Page 25, by inserting after line 2 the 44 following: 45 "1. For food stamps, grant number 10551: 46 $ 3,843,072 47 2. For administration expense for food stamps, 48 grant number 10561: 49 $ 10,435,468 50 3. For commodity support food program, grant Page 9 1 number 10565: 2 $ 309,557 3 4. For temporary emergency food assistance, grant 4 number 10568: 5 $ 332,440 6 5. For child care planning and development, grant 7 number 13673: 8 $ 14,281 9 6. For Title XVIII medicare inspections, grant 10 number 13773: 11 $ 100,000 12 7. For foster grandparents program, grant number 13 72001: 14 $ 351,430 15 8. For retired senior volunteer program, grant 16 number 72002: 17 $ 12,263 18 9. For child care for at-risk families, grant 19 number 93574: 20 $ 197,708 21 10. For projects with industries, grant number 22 84128: 23 $ 462,765 24 11. For mental health, grant number 93125: 25 $ 105,679 26 12. For mental health training, grant number 27 93244: 28 $ 300,000 29 13. For family support payments to states, grant 30 number 93560: 31 $ 95,524,994 32 14. For job opportunities and basic skills 33 training, grant number 93561: 34 $ 13,218,008 35 15. For child support enforcement, grant number 36 93563: 37 $ 20,497,111 38 16. For refugee and entrant assistance, grant 39 number 93566: 40 $ 4,686,585 41 17. For child care development block grant, grant 42 number 93575: 43 $ 8,546,421 44 18. For developmental disabilities basic support, 45 grant number 93630: 46 $ 854,067 47 19. For children's justice, grant number 93643: 48 $ 171,347 49 20. For child welfare services, grant number 50 93645: Page 10 1 $ 4,962,484 2 21. For crisis nursery, grant number 93656: 3 $ 136,242 4 22. For foster care Title IV-E, grant number 5 93658: 6 $ 18,493,805 7 23. For adoption assistance, grant number 93659: 8 $ 7,898,799 9 24. For social services block grant, grant number 10 93667: 11 $ 31,975,889 12 25. For child abuse basic, grant number 93669: 13 $ 280,024 14 26. For child abuse challenge, grant number 93672: 15 $ 57,507 16 27. For development of dependent care, grant 17 number 93673: 18 $ 50,601 19 28. For Title IV-E independent living, grant 20 number 93674: 21 $ 481,440 22 29. For sexually transmitted disease control 23 program, grant number 93777: 24 $ 2,662,000 25 30. For medical assistance, grant number 93778: 26 $ 777,216,322 27 31. For community mental health services, grant 28 number 93958: 29 $ 2,100,000" 30 29. Page 25, line 10, by inserting after the word 31 "law" the following: ", in the following amounts for 32 the purposes indicated". 33 30. Page 25, by inserting after line 10 the 34 following: 35 "1. For department of agriculture, grant number 36 10000: 37 $ 122,000 38 2. For young adult conservation corps, grant 39 number 10663: 40 $ 750,000 41 3. For state and local planning, grant number 42 11305: 43 $ 72,000 44 4. For procurement office/department of defense, 45 grant number 12600: 46 $ 83,000 47 5. For community development block grant state 48 program, grant number 14228: 49 $ 44,402,179 50 6. For national Affordable Housing Act, grant Page 11 1 number 14239: 2 $ 9,715,815 3 7. For department of labor, grant number 17000: 4 $ 319,028 5 8. For Job Training Partnership Act, grant number 6 17250: 7 $ 19,055,048 8 9. For small business administration tree program, 9 grant number 59045: 10 $ 160,000 11 10. For community service act funds, grant number 12 94003: 13 $ 946,000 14 11. For Job Training Partnership Act -- dislocated 15 workers, grant number 17246: 16 $ 7,229,202" 17 31. Page 25, line 18, by inserting after the word 18 "law" the following: ", in the following amounts for 19 the purposes indicated". 20 32. Page 25, by inserting after line 18 the 21 following: 22 "1. For airport improvement program -- federal 23 aviation administration, grant number 20106: 24 $ 100,000 25 2. For highway research, plan and construction, 26 grant number 20205: 27 $ 269,267,000 28 3. For motor carrier safety assistance, grant 29 number 20217: 30 $ 50,000 31 4. For local rail service assistance, grant number 32 20308: 33 $ 400,000 34 5. For urban mass transportation, grant number 35 20507: 36 $ 2,000,000" 37 33. Page 25, line 25, by inserting after the word 38 "law" the following: ", in the following amounts for 39 the purposes indicated". 40 34. Page 25, by inserting after line 25 the 41 following: 42 "1. For school breakfast program, grant number 43 10553: 44 $ 5,512,500 45 2. For school lunch program, grant number 10555: 46 $ 44,210,250 47 3. For special milk program for children, grant 48 number 10556: 49 $ 252,000 50 4. For child care food program, grant number Page 12 1 10558: 2 $ 17,565,030 3 5. For summer food service for children, grant 4 number 10559: 5 $ 1,075,725 6 6. For administration expenses for child 7 nutrition, grant number 10560: 8 $ 883,485 9 7. For public telecommunication facilities, grant 10 number 11550: 11 $ 150,000 12 8. For vocational rehabilitation -- state 13 supplementary assistance, grant number 13625: 14 $ 350,572 15 9. For vocational rehabilitation -- FICA, grant 16 number 13802: 17 $ 9,025,345 18 10. For nutrition education and training, grant 19 number 10564: 20 $ 115,000 21 11. For mine health and safety, grant number 22 17600: 23 $ 80,000 24 12. For veterans education, grant number 64111: 25 $ 172,270 26 13. For asbestos enforcement program, grant number 27 66702: 28 $ 6,000 29 14. For adult education, grant number 84002: 30 $ 892,176 31 15. For bilingual education, grant number 84003: 32 $ 75,000 33 16. For civil rights, grant number 84004: 34 $ 308,622 35 17. For education of handicapped children, grant 36 number 84009: 37 $ 657,000 38 18. For E.C.I.A. -- chapter 1, grant number 84010: 39 $ 46,000,000 40 19. For migrant education, grant number 84011: 41 $ 250,000 42 20. For educationally deprived children, grant 43 number 84012: 44 $ 400,000 45 21. For education for neglected -- delinquent 46 children, grant number 84013: 47 $ 300,000 48 22. For handicapped education, grant number 84025: 49 $ 98,000 50 23. For handicapped -- state grants, grant number Page 13 1 84027: 2 $ 25,558,783 3 24. For handicapped professional preparation, 4 grant number 84029: 5 $ 118,000 6 25. For public library services, grant number 7 84034: 8 $ 971,153 9 26. For interlibrary cooperation, grant number 10 84035: 11 $ 229,155 12 27. For vocational education -- state grants, 13 grant number 84048: 14 $ 9,795,940 15 28. For vocational education -- consumer and 16 homemaking, grant number 84049: 17 $ 393,572 18 29. For vocational education -- state advisory 19 councils, grant number 84053: 20 $ 179,289 21 30. For national diffusion network, grant number 22 84073: 23 $ 95,405 24 31. For rehabilitation services -- basic support, 25 grant number 84126: 26 $ 16,629,105 27 32. For rehabilitation training, grant number 28 84129: 29 $ 59,689 30 33. For chapter 2 block grant, grant number 84151: 31 $ 4,171,482 32 34. For public library construction, grant number 33 84154: 34 $ 200,000 35 35. For transition services, grant number 84158: 36 $ 124,379 37 36. For emergency immigrant education, grant 38 number 84162: 39 $ 58,395 40 37. For EESA Title II, grant number 84164: 41 $ 1,716,566 42 38. For independent living project, grant number 43 84169: 44 $ 337,007 45 39. For education of handicapped -- incentive, 46 grant number 84173: 47 $ 3,999,180 48 40. For education of handicapped -- infants and 49 toddlers, grant number 84181: 50 $ 1,980,000 Page 14 1 41. For Byrd scholarship program, grant number 2 84185: 3 $ 219,000 4 42. For drug free schools/communities, grant 5 number 84186: 6 $ 2,905,925 7 43. For supported employment, grant number 84187: 8 $ 271,267 9 44. For homeless youth and children, grant number 10 84196: 11 $ 189,344 12 45. For vocational education-community, grant 13 number 84174: 14 $ 135,271 15 46. For even start, grant number 84213: 16 $ 670,265 17 47. For E.C.I.A. capital expense, grant number 18 84216: 19 $ 500,000 20 48. For E.C.I.A. state improvements, grant number 21 84218: 22 $ 400,000 23 49. For foreign language assistance, grant number 24 84249: 25 $ 136,491 26 50. For literacy resource center, grant number 27 84254: 28 $ 73,458 29 51. For AIDS prevention project, grant number 30 93118: 31 $ 265,000 32 52. For headstart collaborative grant, grant 33 number 93600: 34 $ 128,816 35 53. For serve America, grant number 94001: 36 $ 177,784 37 54. For youth apprenticeship, grant number 17249: 38 $ 223,323 39 55. For environment education grants, grant number 40 66951: 41 $ 5,000 42 56. For teacher preparation education, grant 43 number 84243: 44 $ 1,216,528 45 57. For department of education contracts, grant 46 number 84999: 47 $ 50,000 48 58. For child development association scholarship, 49 grant number 93614: 50 $ 14,840" Page 15 1 35. Page 26, line 3, by striking the word "are" 2 and inserting the following: "and". 3 36. Page 26, line 3, by inserting after the word 4 "abuse" the following: "shall, notwithstanding 1989 5 Acts, chapter 225, section 5, be transferred to the 6 office of the attorney general". 7 37. Page 26, line 6, by inserting after the word 8 "law" the following: ", in the following amounts for 9 the purposes indicated". 10 38. Page 26, by inserting after line 6 the 11 following: 12 "For narcotics control assistance, grant number 13 16579: 14 $ 13,267,000" Cormack of Webster offered the following amendment H-4009, to the Senate amendment H-3979 filed by him from the floor and moved its adoption: H-4009 1 Amend the Senate amendment, H-3979, to House File 2 481, as passed by the House, as follows: 3 1. Page 1, by striking lines 3 through 9. 4 2. Page 15, by striking lines 1 through 6. 5 3. By renumbering as necessary. Amendment H-4009 was adopted. On motion by Cormack of Webster, the House concurred in the the Senate amendment H-3979, as amended. Cormack of Webster 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. 481) The ayes were, 98: 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 Ertl 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 Brauns 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 House Files 481 and 563 be immediately messaged to the Senate. SPECIAL PRESENTATION Hanson of Black Hawk presented to the House, the Honorable Charles Grassley, United States Senator from Iowa. The House rose and expressed its welcome. The House resumed consideration of Senate File 256, a bill for an act providing for notification of the application of pesticides, previously deferred and amendment H-3995, found on pages 1755 through 1758 of the House Journal, pending. Bernau of Story offered the following amendment H-4007, to amendment H-3995 filed by him from the floor and moved its adoption: H-4007 1 Amend the amendment, H-3995, to Senate File 256, as 2 passed by the Senate, as follows: 3 1. By striking page 1, lines 28 and 29 and 4 inserting the following: "expire on the date when the 5 occupant no longer occupies the property." 6 2. Page 1, line 30, by striking the words 7 "whichever is earlier." Amendment H-4007 lost. On motion by Greiner of Washington, amendment H-3995 was adopted. Greiner of Washington 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. 256) The ayes were, 76: Arnold Baker Bell Blodgett Boddicker Boggess Bradley Branstad Brunkhorst Carroll Cataldo Churchill Cohoon Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Koenigs Kremer Lamberti Larkin Larson Lord Main Martin May McCoy Mertz Metcalf Meyer Millage Mundie Nelson, B. Nelson, L. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Van Maanen, Presiding The nays were, 22: Bernau Brand Burnett Connors Doderer Drees Fallon Grundberg Harper Holveck Jochum Kreiman Mascher Moreland Murphy Myers O'Brien Ollie Running Schrader Shoultz Witt Absent or not voting, 2: Brammer Brauns The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. CONFERENCE COMMITTEE APPOINTED (Senate File 459) The Speaker announced the appointment of the conference committee to consider the differences between the House and Senate concerning Senate File 459: Garman of Story, Chair; Welter of Jones, Schulte of Linn, Larkin of Lee and Bell of Jasper. INTRODUCTION OF BILL House File 570, by committee on appropriations, a bill for an act relating to funding for and the name of the national center for talented and gifted education and making an appropriation. Read first time and placed on the appropriations calendar. HOUSE FILE 457 WITHDRAWN Eddie of Buena Vista asked and received unanimous consent to withdraw House File 457 from further consideration by the House. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 256 be immediately messaged to the Senate. HOUSE FILE 444 WITHDRAWN Carroll of Poweshiek asked and received unanimous consent to withdraw House File 444 from further consideration by the House. SENATE AMENDMENT CONSIDERED Van Fossen of Scott called up for consideration House File 486, a bill for an act relating to the regulation of cemetery operators and the regulation of perpetual care cemeteries and nonperpetual care cemeteries, establishing requirements related to the sale of preneed funeral contracts and the sale of funeral and cemetery merchandise, establishing fees and use of those fees, and providing penalties, amended by the Senate amendment H-3989 as follows: H-3989 1 Amend House File 486, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 3, by inserting after line 33 the 4 following: 5 "(5) The name of the purchaser, beneficiary, and 6 the amount of each agreement referred to in section 7 523A.1 made in the preceding year and the date on 8 which it was made. 9 (6) Other information reasonably required by the 10 commissioner for purposes of administration of this 11 chapter." 12 2. Page 5, by striking lines 5 through 10. 13 3. Page 31, by inserting after line 30 the 14 following: 15 "Sec. ___. NEW SECTION. 523A.23 MINIMUM FIDELITY 16 BOND OR INSURANCE POLICY. 17 The seller, in connection with an offer or sale of 18 an agreement referred to in section 523A.1, shall 19 obtain and maintain at all times a fidelity bond or 20 insurance policy covering losses resulting from 21 dishonest or fraudulent acts committed by employees of 22 the seller which cause a loss, theft, or 23 misappropriation of cash, property, or a negotiable 24 instrument submitted to the seller pursuant to the 25 agreement. The fidelity bond or insurance policy must 26 be maintained in an amount not less than fifty 27 thousand dollars." 28 4. Page 34, by inserting after line 17 the 29 following: 30 "(5) The name of the purchaser, beneficiary, and 31 the amount of each agreement referred to in section 32 523E.1 made in the preceding year and the date on 33 which it was made. 34 (6) Other information reasonably required by the 35 commissioner for purposes of administration of this 36 chapter." 37 5. Page 35, by striking lines 24 through 29. 38 6. Page 38, by inserting after line 19 the 39 following: 40 "Sec. ___. NEW SECTION. 523E.22 MINIMUM FIDELITY 41 BOND OR INSURANCE POLICY. 42 The seller, in connection with an offer or sale of 43 an agreement referred to in section 523E.1, shall 44 obtain and maintain at all times a fidelity bond or 45 insurance policy covering losses resulting from 46 dishonest or fraudulent acts committed by employees of 47 the seller which cause a loss, theft, or 48 misappropriation of cash, property, or a negotiable 49 instrument submitted to the seller pursuant to the 50 agreement. The fidelity bond or insurance policy must Page 2 1 be maintained in an amount not less than fifty 2 thousand dollars." 3 7. Page 65, line 10, by striking the word and 4 figures ", 566A.2B, and 566A.2C" and inserting the 5 following: "and 566A.2B". 6 8. Page 65, by striking lines 13 through 15 and 7 inserting the following: "exempt from section 8 566A.2D. Political subdivisions of the state which 9 are counties or cities are exempt from this chapter. 10 Political subdivisions of the state other than 11 counties or cities are exempt from sections 566A.3 and 12 566A.6." 13 9. Page 67, by striking lines 30 through 34. 14 10. Page 69, by striking lines 3 through 24. 15 11. Page 70, line 3, by inserting after the word 16 "subdivision" the following: "subject to this 17 section". 18 12. Page 71, line 1, by inserting after the word 19 "subdivision" the following: "subject to this 20 section". 21 13. Page 74, line 29, by striking the words and 22 figure "sections 566A.2C and" and inserting the 23 following: "section". 24 14. Page 75, lines 1 and 2, by striking the words 25 and figures "sections 566A.2C, 566A.2D, and 566A.2E" 26 and inserting the following: "section 566A.2E". 27 15. By renumbering, relettering, or redesignating 28 and correcting internal references as necessary. Van Fossen of Scott asked and received unanimous consent to withdraw amendment H-4008 filed by him from the floor. Van Fossen of Scott offered the following amendment H-4013, to the Senate amendment H-3989 filed by him from the floor and moved its adoption: H-4013 1 Amend the Senate amendment, H-3989, to House File 2 486, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 2, by striking lines 6 through 12 and 5 inserting the following: 6 " . Page 65, by striking lines 13 through 15 7 and inserting the following: "exempt from section 8 566A.2D. Political subdivisions of the state which 9 are counties are exempt from this chapter. Political 10 subdivisions of the state other than counties are 11 subject only to sections 566A.1A, 566A.2A, 566A.2B, 12 and 566A.2E." Amendment H-4013 was adopted. On motion by Van Fossen of Scott, the House concurred in the Senate amendment H-3989, as amended. Van Fossen of Scott moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 486) The ayes were, 95: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Burnett Carroll Cataldo Churchill Cohoon Coon Connors Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl 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 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 Brunkhorst Garman Moreland The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 486 be immediately messaged to the Senate. Unfinished Business Calendar The House resumed consideration of Senate File 150, a bill for an act relating to child abuse involving termination of parental rights in certain abuse or neglect cases and access by other states to child abuse information, previously deferred and placed on the unfinished business calendar. Salton of Palo Alto offered the following amendment H-3229 filed by the committee on human resources and moved its adoption: H-3229 1 Amend Senate File 150, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 10, by inserting after the word 4 "child" the following: "or constituted imminent 5 danger to the child". 6 2. Page 1, by inserting after line 33 the 7 following: 8 "Sec. ___. Section 232.119, subsection 5, Code 9 1995, is amended to read as follows: 10 5. A request to defer registering the child on the 11 exchange shall be submitted in writing and shall be 12 granted if any of the following conditions exist: 13 a. The child is in an adoptive placement. 14 b. The child's foster parents or another person 15 with a significant relationship is being considered as 16 the adoptive family. 17 c.The child needsA diagnostic study or testing 18 is necessary to clarify the child'sproblemneeds and 19 to provide an adequate description of theproblem20 child's needs. 21 d.TheAt the time of the request, the child is 22currently hospitalized andreceiving medical care, 23 mental health treatment, or other treatment and the 24 child's care or treatment provider has determined that 25does not permit adoptive placementmeeting prospective 26 adoptive parents is not in the child's best interest. 27 e. The child is fourteen years of age or older and 28 will not consent to an adoption plan and the 29 consequences of not being adopted have been explained 30 to the child. 31Upon receipt of a valid written request for32deferral pursuant to paragraphs "a" through "e", the33exchange shall grant the deferral, except that a34deferral based on paragraph "b" or "c" shall be35granted for no more than a one-time, ninety-day period36unless the termination of parental rights order is37appealed. However, if the foster parents or another38person with a significant relationship continues to be39considered the child's prospective adoptive family,40additional extensions of the deferral may be granted41until ninety days after the date of the final decision42regarding the appeal.43 6. The following requirements apply to a request 44 to defer registering a child on the adoption exchange 45 under subsection 5: 46 a. For a deferral granted by the exchange pursuant 47 to subsection 5, paragraph "a", "b", or "e", the 48 child's guardian shall address the child's deferral 49 status in the report filed with the court and the 50 court shall review the deferral status in the six- Page 2 1 month review hearings held pursuant to section 2 232.117, subsection 6. 3 b. In addition to the requirements of paragraph 4 "a", a deferral granted by the exchange pursuant to 5 subsection 5, paragraph "b", shall be limited to not 6 more than a one-time, ninety-day period unless the 7 termination of parental rights order is appealed or 8 the child is placed in a hospital or other 9 institutional placement. However, if the foster 10 parents or another person with a significant 11 relationship continues to be considered the child's 12 prospective adoptive family, additional extensions of 13 the deferral request under subsection 5, paragraph 14 "b", may be granted until sixty days after the date of 15 the final decision regarding the appeal or until the 16 date the child is discharged from a hospital or other 17 institutional placement. 18 c. A deferral granted by the exchange pursuant to 19 subsection 5, paragraph "c", shall be limited to not 20 more than a one-time, ninety-day period. 21 d. A deferral granted by the exchange pursuant to 22 subsection 5, paragraph "d", shall be limited to not 23 more than a one-time, one hundred-twenty-day period." 24 3. Page 2, by striking lines 19 through 31. 25 4. Title page, line 2, by striking the word 26 "cases" and inserting the following: "cases, the 27 department of human services' adoption information 28 exchange,". 29 5. By renumbering as necessary. The committee amendment H-3229 was adopted. Jochum of Dubuque offered amendment H-3953 filed by her and Burnett as follows: H-3953 1 Amend Senate File 150 as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. Section 232.2, subsection 4, Code 6 1995, is amended by adding the following new 7 paragraph: 8 NEW PARAGRAPH. g. A contract between the child's 9 parent, guardian, or custodian and the department or 10 agency involved with developing the plan. The 11 contract shall specify the actions expected of the 12 parent, guardian, or custodian in order for the 13 department or agency to recommend that the court 14 terminate a dispositional order for the child's out- 15 of-home placement and for the department or agency to 16 end its involvement with the child and the child's 17 family upon completion of the contract requirements. 18 Sec. ___. Section 232.88, Code 1995, is amended to 19 read as follows: 20 232.88 SUMMONS, NOTICE, SUBPOENAS AND SERVICES. 21 After a petition has been filed the court shall 22 issue and serve summons, notice, subpoenas, and other 23 process in the same manner as for adjudicatory 24 hearings in cases of juvenile delinquency as provided 25 in section 232.37. In addition to the parties 26 required to be provided notice under section 232.37, 27 notice for any hearing under this division shall be 28 provided to the agency, facility, institution, or 29 person, including a foster parent, with whom a child 30 has been placed for the purposes of foster care. 31 Sec. ___. Section 232.91, Code 1995, is amended to 32 read as follows: 33 232.91 PRESENCE OF PARENTS, D GUARDIAN AD LITEM,~ 34 AND FOSTER PARENTS AT HEARINGS. 35 1. Any hearings or proceedings under this division 36 subsequent to the filing of a petition shall not take 37 place without the presence of the child's parent, 38 guardian, custodian, or guardian ad litem in 39 accordance with and subject to section 232.38. A 40 parent without custody may petition the court to be 41 made a party to proceedings under this division. 42 2. The agency, facility, institution, or person, 43 including a foster parent, with whom a child has been 44 placed for the purposes of foster care may elect to be 45 included as a party with a direct interest in the case 46 in any hearing or proceeding under this division which 47 is held subsequent to the entry of a dispositional 48 order under section 232.102. 49 Sec. ___. Section 232.104, subsection 2, paragraph 50 b, Code 1995, is amended to read as follows: Page 2 1 b. Enter an order pursuant to section 232.102 to 2 continue placement of the child for an additional six 3 months at which time the court shall hold a hearing to 4 consider modification of its permanency order. An 5 order entered under this paragraph shall enumerate the 6 specific factors, conditions, or expected behavioral 7 changes which comprise the basis for the determination 8 that the need for removal of the child from the 9 child's home will no longer exist at the end of the 10 additional six-month period." 11 2. Page 1, by inserting after line 33 the 12 following: 13 "Sec. ___. Section 232.189, Code 1995, is amended 14 to read as follows: 15 232.189 REASONABLE EFFORTS ADMINISTRATIVE 16 REQUIREMENTS. 17 Based upon a model reasonable efforts family court 18 initiative, the director of human services and the 19 chief justice of the supreme court or their designees 20 shall jointly establish and implement a statewide 21 protocol for reasonable efforts to prevent or 22 eliminate the need for placement of a child outside 23 the child's home. In addition, the director and the 24 chief justice shall design and implement a system for 25 judicial and departmental reasonable efforts education 26 for deployment throughout the state. The system for 27 reasonable efforts education shall be developed in a 28 manner which addresses the particular needs of rural 29 areas and shall include but is not limited to all of 30 the following topics: 31 1. Regular training concerning mental or emotional 32 disorders which may afflict children and the impact 33 children with such disorders have upon their families. 34 2. The duties of judicial and departmental 35 employees associated with placing a child removed from 36 the child's home into a permanent home and the urgency 37 of the placement for the child. 38 3. The essential elements, including writing 39 techniques, in developing effective permanency plans. 40 4. The essential elements of gathering evidence 41 sufficient for the evidentiary standards required for 42 judicial orders under this chapter. 43 Sec. ___. NEW SECTION. 234.7 DEPARTMENT DUTIES. 44 The department of human services shall comply with 45 all of the following requirements associated with 46 child foster care licensees under chapter 237: 47 1. The department shall not assign more than one 48 worker to any child who is receiving child welfare 49 services, as defined in section 235.1, in a foster 50 care placement. If the department purchases services Page 3 1 for the child from a private agency, the department's 2 responsibility for case management services in the 3 placement shall be delegated to the private agency. 4 2. The department shall include a child's foster 5 parent in and provide timely notice of planning and 6 review activities associated with the child, including 7 but not limited to permanency planning, a clinical 8 assessment and consultation team review or other 9 activity, and placement review meetings." 10 3. Page 2, by inserting after line 13 the 11 following: 12 "Sec. ___. Section 237.15, subsection 1, Code 13 1995, is amended by adding the following new 14 paragraph: 15 NEW PARAGRAPH. j. A contract between the child's 16 parent, guardian, or custodian and the agency 17 responsible for creating the plan. The contract shall 18 specify the actions expected of the parent, guardian, 19 or custodian in order for the agency to recommend that 20 the court terminate a dispositional order for the 21 child's out-of-home placement and for the agency to 22 end its involvement with the child and the child's 23 family upon completion of the contract requirements. 24 Sec. ___. Section 273.2, subsection 1, Code 1995, 25 is amended to read as follows: 26 1. In-service training programs for employees of 27 school districts and area education agencies, provided 28 at the time programs and services are established they 29 do not duplicate programs and services available in 30 that area from the universities under the state board 31 of regents and from other universities and four-year 32 institutions of higher education in Iowa. The in- 33 service training programs shall include but are not 34 limited to regular training concerning mental or 35 emotional disorders which may afflict children and the 36 impact children with such disorders have upon their 37 families." 38 4. Page 2, by inserting before line 14 the 39 following: 40 "Sec. ___. Section 598.41, subsections 1 and 2, 41 Code 1995, are amended to read as follows: 42 1. a. The court, insofar as is reasonable and in 43 the best interest of the child, shall order the 44 custody award, including liberal visitation rights 45 where appropriate, which will assure the child the 46 opportunity for the maximum continuing physical and 47 emotional contact with both parents after the parents 48 have separated or dissolved the marriage, and which 49 will encourage parents to share the rights and 50 responsibilities of raising the child unless direct Page 4 1 physical harm or significant emotional harm to the 2 child, other children, or a parent is likely to result 3 from such contact with one parent, and which will4encourage parents to share the rights and5responsibilities of raising the child. 6 b. Notwithstanding paragraph "a", if the court 7 finds credible evidence of a history of domestic 8 abuse, a rebuttable presumption against the awarding 9 of joint custody exists. 10 c. The court shall consider the denial by one 11 parent of the child's opportunity for maximum 12 continuing contact with the other parent, without just 13 cause, a significant factor in determining the proper 14 custody arrangement. Just cause may include a 15 determination by the court pursuant to subsection 3, 16 paragraph "j", that credible evidence of domestic 17 abuse exists between the parents. 18 d. If credible evidence of domestic abuse exists 19 as determined by a court pursuant to subsection 3, 20 paragraph "j", and if a parent who is a victim of such 21 domestic abuse relocates or is not present during the 22 determination of custody or visitation based upon the 23 fear of or actual acts or threats of domestic abuse 24 perpetrated by the other parent, the court shall not 25 consider the relocation or absence of that parent as a 26 factor against that parent in the awarding of custody 27 or visitation to the absent parent. 28 e. Unless otherwise ordered by the court in the 29 custody decree, both parents shall have legal access 30 to information concerning the child, including but not 31 limited to medical, educational and law enforcement 32 records. 33 2. a. On the application of either parent, the 34 court shall consider granting joint custody in cases 35 where the parents do not agree to joint custody. 36 b. If the court does not grant joint custody under 37 this subsection, the court shall cite clear and 38 convincing evidence, pursuant to the factors in 39 subsection 3, that joint custody is unreasonable and 40 not in the best interest of the child to the extent 41 that the legal custodial relationship between the 42 child and a parent should be severed. 43 c. A finding by the court of credible evidence of 44 domestic abuse, as specified in subsection 3, 45 paragraph "j", which is not rebutted, shall outweigh 46 consideration of any other factor specified in 47 subsection 3 in determination of the awarding of 48 custody under this subsection. 49 d. Before ruling upon the joint custody petition 50 in these cases, unless the court determines that Page 5 1 credible evidence exists of domestic abuse as 2 specified in subsection 3, paragraph "j", or unless 3 the court determines that direct physical harm or 4 significant emotional harm to the child, other 5 children, or a parent is likely to result, the court 6 may require the parties to participate in custody 7 mediation counseling to determine whether joint 8 custody is in the best interest of the child. The 9 court may require the child's participation in the 10 mediation counseling insofar as the court determines 11 the child's participation is advisable. 12 e. The costs of custody mediation counseling shall 13 be paid in full or in part by the parties and taxed as 14 court costs. 15 Sec. ___. Section 598.41, subsection 3, Code 1995, 16 is amended by adding the following new paragraph: 17 NEW PARAGRAPH. j. Whether credible evidence of 18 domestic abuse exists. In determining whether 19 credible evidence exists under this paragraph, the 20 court shall consider the history of a parent as a 21 perpetrator of domestic abuse, including the parent's 22 history of perpetration of acts intended to cause 23 pain, injury, or to place the victim in fear of 24 physical contact which will be painful, injurious, 25 insulting, or offensive coupled with the apparent 26 ability to execute the act. Evidence of the parent's 27 history may include, but is not limited to, 28 commencement of an action pursuant to section 236.3, 29 the issuance of a protective order against the parent 30 or the issuance of a court order or consent agreement 31 pursuant to section 236.5, the issuance of an 32 emergency order pursuant to section 236.6, the holding 33 of a parent in contempt pursuant to section 236.8, the 34 response of a peace officer to the scene of alleged 35 domestic abuse or the arrest of a parent following 36 response to a report of alleged domestic abuse, or a 37 conviction for domestic abuse assault pursuant to 38 section 708.2A." 39 5. Page 2, by inserting after line 31 the 40 following: 41 "Sec. ___. Section 600B.40, Code 1995, is amended 42 by adding the following new unnumbered paragraph: 43 NEW UNNUMBERED PARAGRAPH. In determining the 44 visitation or custody arrangements of a child born out 45 of wedlock, if a judgment of paternity is entered and 46 the mother of the child has not been awarded sole 47 custody, section 598.41 shall apply to the 48 determination, as applicable, and the court shall 49 consider the factors specified in section 598.41, 50 subsection 3, including but not limited to the factor Page 6 1 related to a parent's history of domestic abuse. 2 Sec. ___. Section 602.1203, Code 1995, is amended 3 to read as follows: 4 602.1203 PERSONNEL CONFERENCES. 5 The chief justice may order conferences of judicial 6 officers or court employees on matters relating to the 7 administration of justice or the affairs of the 8 department. For judges and other court employees who 9 handle cases involving children and family law, the 10 chief justice shall require regular training 11 concerning mental or emotional disorders which may 12 afflict children and the impact children with such 13 disorders have upon their families." 14 6. Title page, line 1, by inserting after the 15 word "to" the following: "children, including". 16 7. Title page, line 3, by inserting after the 17 word "information" the following: ", case permanency 18 plans for children in out-of-home placements, state 19 foster care requests, and custody and visitation 20 determinations". Jochum of Dubuque offered the following amendment H-3983, to amendment H-3953, filed by her and moved its adoption: H-3983 1 Amend the amendment, H-3953, to Senate File 150, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 8, by striking the word 5 "contract" and inserting the following: "case 6 permanency plan agreement". 7 2. Page 1, line 11, by striking the word 8 "contract" and inserting the following: "agreement". 9 3. Page 1, line 17, by striking the word 10 "contract" and inserting the following: "agreement". 11 4. Page 2, line 45, by striking the words "all of 12 the following requirements" and inserting the 13 following: "the following requirement". 14 5. By striking page 2, line 47, through page 3, 15 line 3. 16 6. Page 3, line 4, by striking the word and 17 figure "2. The" and inserting the following: "The". 18 7. Page 3, line 15, by striking the word 19 "contract" and inserting the following: "case 20 permanency plan agreement". 21 8. Page 3, line 17, by striking the word 22 "contract" and inserting the following: "agreement". 23 9. Page 3, line 23, by striking the word 24 "contract" and inserting the following: "agreement". Amendment H-3983 was adopted. Vande Hoef of Osceola offered the following amendment H-3992, to amendment H-3953 filed by him from the floor and moved its adoption: H-3992 1 Amend the amendment, H-3953, to Senate File 150, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by striking lines 42 through 48 and 5 inserting the following: 6 "2. An agency, facility, institution, or person, 7 including a foster parent, may petition the court to 8 be made a party to proceedings under this division." Amendment H-3992 was adopted. McCoy of Polk offered amendment H-4004, to amendment H-3953 filed by him from the floor as follows: H-4004 1 Amend the amendment, H-3953 to Senate File 150 as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 3, by inserting after line 37 the 5 following: 6 " . Page 2, by inserting before line 14 the 7 following: 8 "Sec. ___. Section 598.23, subsection 2, Code 9 1995, is amended by adding the following new 10 paragraph: 11 NEW PARAGRAPH. c. Enjoins the contemnor from 12 engaging in the exercise of any activity governed by a 13 license if the contemnor willfully disobeys the 14 custody or visitation provisions of the decree or 15 order. To the extent possible, the process used in 16 enjoining the contemnor from engaging in the exercise 17 of any activity governed by a license shall be similar 18 to the process used by the child support recovery unit 19 pursuant to chapter 252J, if enacted by 1995 Iowa 20 Acts, Senate File 431. 21 As used in this paragraph: 22 (1) "License" means a license, certification, 23 registration, permit, approval, renewal, or other 24 similar authorization issued to a contemnor by a 25 licensing authority which evidences the admission to, 26 or granting of authority to engage in, a profession, 27 occupation, business, or industry, or to operate or 28 register a motor vehicle. "License" does not mean or 29 include licenses for hunting, fishing, boating, or 30 other recreational activity. 31 (2) "Licensing authority" means a county 32 treasurer, the supreme court, or an instrumentality, 33 agency, board, commission, department, officer, 34 organization, or any other entity of the state, which 35 has authority within this state to suspend or revoke a 36 license or to deny the renewal or issuance of a 37 license authorizing a contemnor to register or operate 38 a motor vehicle or to engage in a business, 39 occupation, profession, or industry."" 40 2. By renumbering as necessary. Salton of Palo Alto rose on a point of order that amendment H-4004 was not germane, to amendment H-3953. The Speaker ruled the point well taken and amendment H-4004 not germane, to amendment H-3953. McCoy of Polk moved to suspend the rules to consider amendment H-4004. A non-record roll call was requested. The ayes were 29, nays 50. The motion to suspend the rules lost. McCoy of Polk offered the following amendment H-4001, to amendment H-3953, filed by him from the floor and moved its adoption: H-4001 1 Amend the amendment, H-3953, to Senate File 150, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 5, by inserting after line 38 the 5 following: 6 "Sec. ___. Section 598.41, Code 1995, is amended 7 by adding the following new subsection: 8 NEW SUBSECTION. 7. If an application for 9 modification of a decree or a petition for 10 modification of an order is filed, based upon 11 differences between the parents regarding the custody 12 arrangement established under the decree or order, the 13 court may require the parents to participate in 14 mediation to attempt to resolve the differences 15 between the parents." 16 2. By renumbering as necessary. Amendment H-4001 was adopted. On motion by Jochum of Dubuque, amendment H-3953, as amended, was adopted. Fallon of Polk offered amendment H-3974 filed by him as follows: H-3974 1 Amend Senate File 150, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. Section 232.2, subsection 6, paragraph 6 o, Code 1995, is amended by striking the paragraph and 7 inserting in lieu thereof the following: 8 o. Who is described by any other paragraph of this 9 subsection and in whose body there is an illegal drug 10 present as a direct consequence of the acts or 11 omissions of the child's parent, guardian, or 12 custodian which a reasonable and prudent person knew 13 or should have known is likely to lead to the drug's 14 presence in the child's body. The presence of the 15 drug shall be determined in accordance with a 16 medically relevant test as defined in section 232.73. 17 Sec. ___. Section 232.68, subsection 2, paragraph 18 f, Code 1995, is amended to read as follows: 19 f. An illegal drug is present in a child's body as 20 a direct and foreseeable consequence of the acts or 21 omissions of the person responsible for the care of 22 the child which a reasonable and prudent person knew 23 or should have known is likely to lead to the drug's 24 presence in the child's body. 25 Sec. ___. Section 232.73, unnumbered paragraph 2, 26 Code 1995, is amended to read as follows: 27 As used in this section and section 232.77, 28 "medically relevant test" means a test that produces 29 reliable results of exposure to cocaine, heroin, 30 amphetamine, methamphetamine, or other illegal drugs, 31 or combinations or derivatives thereof, including a 32 drug urine screen test. The department shall annually 33 consult with the state board of health and the board 34 of pharmacy examiners in developing standards for 35 reliable results of exposure to particular types of 36 drugs, drug combinations, and derivatives as necessary 37 to minimize the incidence of false positive test 38 results. The department shall consult with the boards 39 in developing a list of laboratories approved for the 40 purposes of this chapter to process medically relevant 41 tests. 42 Sec. ___. NEW SECTION. 232.106 TERMS AND 43 CONDITIONS ON CHILD'S PARENT. 44 If the court enters an order under this chapter 45 which imposes terms and conditions on the child's 46 parent, guardian, or custodian, the purpose of the 47 terms and conditions shall be to assure the protection 48 of the child. The order is subject to the following 49 provisions: 50 1. The order shall state the reasons for and Page 2 1 purpose of the terms and conditions. 2 2. If a parent, guardian, or custodian is required 3 to have a chemical test of blood or urine for the 4 purpose of determining the presence of an illegal 5 drug, the test shall be a medically relevant test as 6 defined in section 232.73. The parent, guardian, or 7 custodian may select the laboratory which processes 8 the test from among the laboratories approved pursuant 9 to section 232.73. A positive test result shall not 10 be used for the criminal prosecution of a parent, 11 guardian, or custodian for the presence of an illegal 12 drug." 13 2. Page 2, by inserting after line 13 the 14 following: 15 "Sec. ___. Section 235C.3, subsection 3, Code 16 1995, is amended to read as follows: 17 3. IDENTIFICATION. The council shall develop 18 recommendations regarding state programs or policies 19 to increase the accuracy of the identification of 20 chemically exposed infants and children." 21 3. By renumbering as necessary. Fallon of Polk offered the following amendment H-4014, to amendment H-3974 filed by him from the floor and moved its adoption: H-4014 1 Amend the amendment, H-3974, to Senate File 150, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by striking lines 32 through 41 and 5 inserting the following: "drug urine screen test. 6 The Iowa department of public health, in consultation 7 with the department of human services and the council 8 on chemically exposed infants and children created in 9 chapter 235C, shall adopt rules specifying minimum 10 standards for reliable results of medically relevant 11 tests. The rules shall include but are not limited to 12 standards which minimize the incidence of false 13 positive test results. The Iowa department of public 14 health shall maintain a list of laboratories which are 15 approved to perform medically relevant tests in 16 accordance with the standards adopted in 17 administrative rules." 18 2. Page 1, by striking line 42 and inserting the 19 following: 20 "Sec. 100. NEW SECTION. 232.106 TERMS AND". 21 3. Page 2, by inserting after line 20 the 22 following: 23 " . Page 2, by inserting after line 31 the 24 following: 25 "Sec. ___. APPLICABILITY AND EFFECTIVE DATE. 26 Section 100 of this Act, enacting section 232.106, 27 being deemed of immediate importance, takes effect 28 upon enactment and applies to medically relevant tests 29 performed on or after the effective date of this Act 30 pursuant to court orders imposing terms and conditions 31 which are in effect on or after the effective date of 32 this Act."" 33 4. Page 2, by inserting after line 20 the 34 following: 35 " . Title page, line 3, by inserting after the 36 word "information" the following: "and providing an 37 applicability and effective date"." 38 5. By renumbering as necessary. Amendment H-4014 was adopted. On motion by Fallon of Polk, amendment H-3974, as amended, was adopted. Fallon of Polk asked and received unanimous consent to withdraw amendment H-3808 filed by him on April 10, 1995. Jochum of Dubuque asked and received unanimous consent to withdraw amendment H-3502 filed by her and Burnett of Story on March 27, 1995. 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. 150) The ayes were, 98: 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 Ertl 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 Brauns The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 150 be immediately messaged to the Senate. Ways and Means Calendar The House resumed consideration of House File 555, a bill for an act relating to the deduction and credit for amounts paid for tuition and textbooks for elementary and secondary schools under the state individual income tax and providing effective and applicability date provisions, previously deferred. Grundberg of Polk asked and received unanimous consent to defer action on amendment H-4012. Metcalf of Polk offered the following amendment H-4002 filed by her from the floor and moved its adoption: H-4002 1 Amend House File 555 as follows: 2 1. Page 1, line 6, by striking the words "five3 seven" and inserting the following: "five". A non-record roll call was requested. The ayes were 29, nays 52. Amendment H-4002 lost. Shoultz of Black Hawk offered the following amendment H-3998 filed by Shoultz, Doderer and Harper from the floor and moved its adoption: H-3998 1 Amend House File 555 as follows: 2 1. Page 1, line 29, by striking the words "forty-3fiveninety-five" and inserting the following: 4 "forty-five". 5 2. Page 1, lines 32 and 33, by striking the words 6 "forty-fiveninety-five" and inserting the following: 7 "forty-five". Roll call was requested by Shoultz of Black Hawk and Ollie of Clinton. Rule 75 was invoked. On the question "Shall amendment H-3998 be adopted?" (H.F. 555) The ayes were, 43: Arnold Bell Bernau Brand Burnett Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Doderer Drees Fallon Greig Greiner Gries Grundberg Hahn Hanson Harper Harrison Holveck Jacobs Klemme Kreiman Martin Mascher May Metcalf Meyer Moreland Myers Nelson, B. Nelson, L. Ollie Schrader Shoultz Thomson Warnstadt Wise Witt The nays were, 53: Baker Blodgett Boddicker Boggess Bradley Branstad Brunkhorst Carroll Cataldo Churchill Corbett, Spkr. Drake Eddie Ertl Garman Gipp Grubbs Halvorson Hammitt Heaton Hurley Huseman Jochum Koenigs Kremer Lamberti Larkin Larson Lord Main McCoy Mertz Millage Mundie Murphy Nutt O'Brien Rants Renken Running Salton Schulte Siegrist Sukup Teig Tyrrell Van Fossen Vande Hoef Veenstra Weidman Weigel Welter Van Maanen, Presiding Absent or not voting, 4: Brammer Brauns Disney Houser Amendment H-3998 lost, placing out of order amendment H-4000 filed by Metcalf of Polk and Connors from the floor. Grundberg of Polk asked and received unanimous consent to withdraw amendment H-4005 filed by her from the floor. Grundberg of Polk offered the following amendment H-4017 filed by her from the floor and moved its adoption: H-4017 1 Amend House File 555 as follows: 2 1. Page 1, line 33, by inserting after the word 3 "more." the following: "The department, when 4 conducting an audit of a taxpayer's return, shall also 5 audit the tuition tax credit portion of the tax 6 return." Amendment H-4017 was adopted. Doderer of Johnson offered the following amendment H-4006 filed by Doderer, Harper and Grundberg from the floor and moved its adoption: H-4006 1 Amend House File 555 as follows: 2 1. Page 1, by striking lines 34 and 35 and 3 inserting the following: 4 "Sec. ___. This Act takes effect". 5 2. Page 2, line 1, by striking the figure "1995" 6 and inserting the following: "1996". Amendment H-4006 lost. Grundberg of Polk offered the following amendment H-4016 filed by Grundberg, Martin, Jacobs and Warnstadt from the floor and moved its adoption: H-4016 1 Amend House File 555 as follows: 2 1. Page 1, by inserting after line 2 the 3 following: 4 "Sec. ___. Section 422.12, subsection 1, Code 5 1995, is amended by adding the following new 6 paragraph: 7 NEW PARAGRAPH. f. For each dependent attending a 8 public elementary or secondary school in this state, 9 the first twenty dollars of any fees charged for 10 textbooks to be used by the dependent." Roll call was requested by Warnstadt of Woodbury and Schrader of Marion. Rule 75 was invoked. On the question "Shall amendment H-4016 be adopted?" ( H.F. 555) The ayes were, 43: Baker Bell Bernau Brand Brunkhorst Burnett Cohoon Connors Coon Dinkla Doderer Fallon Gipp Greig Gries Grundberg Hammitt Harper Harrison Holveck Houser Jacobs Jochum Kreiman Larkin Martin Mascher May Metcalf Moreland Murphy Myers Nelson, B. Nelson, L. O'Brien Ollie Rants Running Schrader Shoultz Warnstadt Wise Witt The nays were, 54: Arnold Blodgett Boddicker Boggess Bradley Branstad Carroll Cataldo Churchill Corbett, Spkr. Cormack Cornelius Daggett Disney Drake Drees Eddie Ertl Garman Greiner Grubbs Hahn Halvorson Hanson Heaton Hurley Huseman Klemme Koenigs Kremer Lamberti Larson Main McCoy Mertz Meyer Millage Mundie Nutt Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Weigel Welter Van Maanen, Presiding Absent or not voting, 3: Brammer Brauns Lord Amendment H-4016 lost, placing out of order amendment H-4012, previously deferred, filed by Grundberg of Polk from the floor. Grubbs of Scott moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 555) The ayes were, 65: Bell Blodgett Boddicker Boggess Bradley Branstad Brunkhorst Carroll Cataldo Churchill Coon Corbett, Spkr. Cormack Cornelius Dinkla Disney Drake Drees Ertl Garman Greiner Grubbs Halvorson Hanson Harrison Heaton Holveck Hurley Huseman Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Main May McCoy Mertz Millage Mundie Murphy Nelson, B. Nutt O'Brien Rants Renken Running Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Weigel Welter Witt Van Maanen, Presiding The nays were, 32: Arnold Baker Bernau Brand Burnett Cohoon Connors Daggett Doderer Eddie Fallon Gipp Greig Gries Grundberg Hahn Hammitt Harper Houser Jacobs Martin Mascher Metcalf Meyer Moreland Myers Nelson, L. Ollie Schrader Shoultz Warnstadt Wise Absent or not voting, 3: Brammer Brauns Lord 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 House File 555, House Concurrent Resolutions 18 and 23 and Senate Concurrent Resolution 11 be immediately messaged to the Senate. INTRODUCTION OF BILL House File 571, by committee on ways and means, a bill for an act relating to the qualifications of a qualifying organization which are necessary to conduct pari-mutuel wagering at racetracks or gambling games on excursion gambling boats and providing effective and applicability dates. Read first time and placed on the ways and means calendar. RULE 34 SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent that the Daily Debate Calendar for Friday, April 21, 1995, be the Daily Debate Calendar for Monday, April 24, 1995. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 20, 1995, appointed the conference committee to Senate File 459, a bill for an act relating to and making appropriations to the department of justice, office of consumer advocate, board of parole, department of corrections, judicial district departments of correctional services, judicial department, state public defender, Iowa law enforcement academy, department of public defense, and for the department of public safety's administration, division of criminal investigation and bureau of identification, division of narcotics enforcement, undercover purchases, and the state fire marshal's office, for the fiscal year beginning July 1, 1995, and providing effective dates and retroactive applicability, and the members of the Senate are: The Senator from Lee, Senator Fraise, Chair; the Senator from Pottawattamie, Senator Gronstal; the Senator from Polk, Senator Bisignano; the Senator from Wright, Senator Iverson, Jr.; and the Senator from Black Hawk, Senator Redfern. JOHN F. DWYER, Secretary MOTION TO RECONSIDER (Senate File 204) I move to reconsider the vote by which Senate File 204 failed to pass the House on April 19,1995. GIPP of Winneshiek EXPLANATIONS OF VOTE On the roll call on House File 555, I inadvertently voted "aye" when I meant to vote "nay". BELL of Jasper I was necessarily absent from the House chamber on April 20, 1995. Had I been present, I would have voted "aye" on House File 563. BRADLEY of Clinton I was necessarily absent from the House chamber on April 19, 1995. Had I been present, I would have voted "aye" on Senate File 422. BRAUNS of Muscatine On the vote on amendment H-3994, to House File 555, I inadvertently voted "nay". I should have voted "aye". HARRISON of Scott I was necessarily absent from the House chamber on April 20, 1995. Had I been present, I would have voted "aye" on House Files 460 and 492, and Senate Files 286, 290, 293, 394 and 427. MORELAND of Wapello BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR The Chief Clerk of the House submitted the following report: Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bills have been examined and found correctly enrolled, signed by the Speaker of the House and the President of the Senate, and presented to the Governor for his approval on this 20th day of April, 1995: House Files 54, 198, 256, 470, 512 and 520. ELIZABETH A. ISAACSON Chief Clerk of the House Report adopted. BILLS SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on April 20, 1995, he approved and transmitted to the Secretary of State the following bills: Senate File 157, an act relating to solid waste by eliminating the polystyrene ban and providing an effective date. Senate File 214, an act to provide greater protection for consumers who purchase or lease motor vehicles and providing effective dates. Senate File 234, an act relating to the powers and duties of the department of natural resources by amending procedures for issuing and establishing fees for scientific collector's licenses or permits. Senate File 333, an act relating to notice requirements required for work involving drainage and levee districts and water districts. Senate File 446, an act relating to the possession or use of alcohol while operating a motor vehicle by requiring the administrative revocation of driving privileges of persons under the age of twenty-one who operate a motor vehicle with an alcohol concentration of .02 or more, denying issuance of temporary restricted licenses during the period of revocation, including the revocation under implied consent provisions, providing for civil penalties, excluding the revocation from application of certain motor vehicle financial responsibility requirements, providing for minimum periods of license revocation, providing a scheduled fine for possession of an open alcohol container while operating a motor vehicle, providing for the impoundment or immobilization of motor vehicles driven or owned by persons convicted of operating while intoxicated and being a second or subsequent offender, providing criminal penalties, and other related matters. PRESENTATION OF VISITORS Koenigs of Mitchell presented to the House the Honorable Dan Fogarty, former member of the House representing Palo Alto County. Doderer of Johnson presented to the House the Honorable George Swearingen, former member of the House representing Keokuk County. The Speaker announced that the following visitors were present in the House chamber: Forty-five eighth grade students from Alden Community School, Alden, accompanied by Todd Tharp and Kristi Harris. By Sukup of Franklin. Thirty-two sixth grade students from Palmer Elementary School, Palmer, accompanied by Gary Flanigan and Pat Reding. By Eddie of Buena Vista. Eight students from Tipton High School, Tipton, accompanied by Bernard Witry and Barb Cary. By Boddicker of Cedar. Fifty-two fifth grade students from Atkins Elementary, Atkins, accompanied by Dawn Anderson. By Tyrrell of Benton. Twenty students from Mt. Pleasant Christian School, Mt. Pleasant, accompanied by Steve Bartel. By Heaton of Henry. Thirty eleventh and twelfth grade National Honor Society students from Iowa Falls High School, Iowa Falls, accompanied by Don Ruhde. By Sukup of Franklin. Sixty-eight ninth through twelfth grade students from Davenport West High School, Davenport, accompanied by Karen Hansen, Sally Jo Brown, Mary Tucker, Otilia Savala, Nahn Nguyen, Katie Liljegerem and Pat Sterling. By Grubbs of Scott. One hundred eighth grade students from Albia Middle School, Albia, accompanied by Ted Kennedy. By Kreiman of Davis. Twenty-five sixth, seventh and eighth grade students from Estherville Middle School, Estherville, accompanied by Jean Hoffman. By Greig of Emmet. Five FFA students from Spencer High School, Spencer, accompanied by Rich Anderson. By Salton of Palo Alto. Sixteen FFA students from Cascade High School accompanied by Milt Luckstead and Steve Stoll. By Ertl of Dubuque. 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\229 Kim Hammill, Marion High School - For her commitment to preventing substance abuse among youth. 1995\230 Sarah Sparks, Marion High School - For her commitment to preventing substance abuse among youth. 1995\231 Carrie Ciha, Marion High School - For her commitment to preventing substance abuse among youth. 1995\232 Beth Hatch, Marion High School - For her commitment to preventing substance abuse among youth. 1995\233 Melissa Walderbach, Marion High School - For her commitment to preventing substance abuse among youth. 1995\234 Kamy Dearborn, Linn-Mar High School - For her commitment to preventing substance abuse among youth. 1995\235 Jennifer Scheufele, Linn-Mar High School - For her commitment to preventing substance abuse among youth. 1995\236 Sarah Shelly, Linn-Mar High School - For her commitment to preventing substance abuse among youth. 1995\237 Beth Bunting, Linn-Mar High School - For her commitment to preventing substance abuse among youth. 1995\238 Molly Edwards, Linn-Mar High School - For her commitment to preventing substance abuse among youth. 1995\239 Clint Martin, Linn-Mar High School - For his commitment to preventing substance abuse among youth. 1995\240 Emelda Kunau, Ames - For celebrating her 90th birthday. 1995\241 Howard and Dorothy Brown, Ames - For celebrating their 50th wedding anniversary. 1995\242 Christina Coffman, Treynor Junior-Senior High School - For her essay on the Iowa state flag, which was chosen as a winner in the Rainbow Girl's State Competition. 1995\243 Edith Henderson Raus, Manchester - For receiving the Songwriter of the Year Award. 1995\244 Trelley and Helen Crosman, Ogden - For celebrating their 75th wedding anniversary. 1995\245 Reverend Keith Ratliff, Urbandale - For being a strong leader of the Black Ministerial Alliance and for his outstanding work in the community. 1995\246 Jeremiah Finn, Cascade - For winning 1st place in the FFA 1995 Growmark Essay Contest. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT House Study Bill 330 Appropriations: Millage, Chair; Gipp and Ollie. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendations have been received and are on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON APPROPRIATIONS Senate File 83, a bill for an act extending for an additional budget year the regular program district cost guarantee for school districts and increasing the amount of that guarantee and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-4010 April 20, 1995. Senate File 475, a bill for an act relating to state financial provisions and providing applicability provisions and effective dates. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-4011 April 20, 1995. Committee Bill (Formerly House Study Bill 330), relating to funding for and the name of the national center for talented and gifted education and making an appropriation. Fiscal Note is not required. Recommended Amend and Do Pass April 20, 1995. RESOLUTIONS FILED HCR 38, by Klemme and Vande Hoef, a concurrent resolution requesting the Legislative Council to establish an interim study committee to review the "one-call" statewide underground facility notification system. Laid over under Rule 25. HR 9, by Grundberg and McCoy, a house resolution relating to the well-being of Iowa's children. Referred to committee on state government. AMENDMENTS FILED H-3987 S.F. 432 Senate Amendment H-3988 S.F. 398 Senate Amendment H-3991 H.F. 197 Senate Amendment H-3997 S.F. 481 Blodgett of Cerro Gordo May of Worth H-3999 H.F. 471 Hurley of Fayette H-4010 S.F. 83 Committee on Appropriations H-4011 S.F. 475 Committee on Appropriations H-4015 H.F. 564 Hanson of Black Hawk H-4018 H.F. 567 Shoultz of Black Hawk Holveck of Polk H-4019 H.F. 567 Shoultz of Black Hawk H-4020 H.F. 567 Doderer of Johnson H-4021 H.F. 567 Burnett of Story Bernau of Story H-4022 H.F. 567 Vande Hoef of Osceola Holveck of Polk H-4023 H.F. 567 Holveck of Polk H-4024 H.F. 567 Vande Hoef of Osceola Mertz of Kossuth H-4025 H.F. 567 Holveck of Polk Shoultz of Black Hawk H-4026 H.F. 567 Bernau of Story Shoultz of Black Hawk Burnett of Story H-4027 H.F. 567 Shoultz of Black Hawk Holveck of Polk H-4028 H.F. 567 Shoultz of Black Hawk H-4029 H.F. 567 Jochum of Dubuque Murphy of Dubuque Mascher of Johnson Doderer of Johnson H-4030 H.F. 567 Blodgett of Cerro Gordo H-4031 H.F. 567 Shoultz of Black Hawk H-4032 H.F. 567 Shoultz of Black Hawk On motion by Siegrist of Pottawattamie, the House adjourned at 7:07 p.m. until 1:00 p.m., Monday, April 24, 1995.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 1)
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