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One Hundred-sixth Calendar Day - Sixth-ninth Session Day Hall of the House of Representatives Des Moines, Iowa, Monday, April 24, 1995 The House met pursuant to adjournment at 1:00 p.m., Speaker pro tempore Van Maanen of Marion in the chair. Prayer was offered by Reverend John Epperson, Christian Church, Grinnell. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Curtis Carroll, son of Representative Dan Carroll of Poweshiek County. The Journal of Thursday, April 20, 1995 was approved. SPECIAL PRESENTATION Prior to convening, a string ensemble from Grinnell High School, Grinnell, entertained in the House chamber. The members were Mark Paulson, Curtis Carroll, Leslee Cameron, Anna Heineman, Katie Weeks, Meg Estapa and Wes Phillips. They were directed by Barb Sorensen. The House rose and expressed its welcome. LEAVE OF ABSENCE Leave of absence was granted as follows: Holveck of Polk on request of Schrader of Marion. 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 to the Senate amendment and passed the following bill in which the concurrence of the Senate was asked: House File 461, a bill for an act relating to the Iowa communications network by directing the Iowa telecommunications and technology commission to conduct studies concerning the possible sale of the network, and the possible conversion of the network into a public utility. Also: That the Senate has on April 20, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 519, a bill for an act providing for the regulation of animal feeding operations, fees, the expenditure of moneys, penalties, and an effective date. Also: That the Senate has on April 20, 1995, adopted the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 28, a concurrent resolution to call a joint session for the purpose of hearing an address by the President of the United States. Also: 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 201, a bill for an act updating the Iowa Code references to the Internal Revenue Code and providing retroactive applicability and effective dates. JOHN F. DWYER, Secretary The House stood at ease at 1:25 p.m., until the fall of the gavel. The House reconvened at 2:35 p.m., Speaker pro tempore Van Maanen of Marion in the chair. CONSIDERATION OF BILLS Ways and Means Calendar House File 566, a bill for an act relating to the taxation of sales of residential service contracts under the state sales, services, and use taxes, was taken up for consideration. Drake of Pottawattamie moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 566) The ayes were, 98: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig 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 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 Holveck The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Unfinished Business Calendar The House resumed consideration of Senate File 223, a bill for an act providing for notification of certain persons receiving public assistance of tax suspension provisions, 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. 223) The ayes were, 98: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig 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 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 Holveck The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Regular Calendar Senate File 403, a bill for an act relating to collection of delinquent restitution payments and providing an effective date, was taken up for consideration. Blodgett of Cerro Gordo moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 403) The ayes were, 98: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig 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 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 Holveck The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Unfinished Business Calendar The House resumed consideration of Senate File 390, a bill for an act relating to the Iowa arts and cultural enhancement and endowment program and foundation, previously deferred and placed on the unfinished business calendar. Lord of Dallas offered the following amendment H-4040 filed by him from the floor and moved its adoption: H-4040 1 Amend Senate File 390, as passed by the Senate, as 2 follows: 3 1. Page 1, by inserting before line 1 the follow- 4 ing: 5 "Section 1. Section 262.75, Code 1995, is amended 6 by adding the following new unnumbered paragraph: 7 NEW UNNUMBERED PARAGRAPH. In lieu of the payment 8 of monetary recompense to a cooperating teacher, the 9 cooperating teacher may direct that the monetary 10 recompense be paid by the institution directly into a 11 scholarship fund which has been established jointly by 12 the board of directors of the school district that 13 employs the teacher and the local teachers' 14 association. In such cases, the cooperating teacher 15 shall receive neither monetary recompense nor any 16 reduction in tuition at the institution." 17 2. Title page, line 1, by inserting after the 18 word "to" the following: "recompense to a cooperating 19 teacher and to". 20 3. By renumbering as necessary. Amendment H-4040 was adopted. Lord of Dallas 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. 390) The ayes were, 95: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Ertl Fallon Garman Gipp Greig 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 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, none. Absent or not voting, 5: Brammer Eddie Holveck Moreland Rants 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 566, Senate Files 223, 390 and 403. SPECIAL PRESENTATION Fallon of Polk presented to the House a delegation of twelve Russian Legislators, representing twelve different states in Russia. The members of the delegation were: Nikolai Devyatkin, Yakov Vinokurov, Dr. Sergei Ryabov, Aleksandr Listkov, Boris Dvorkin, Valery Lidin, Dail Shagiakhmetov, Vladimir Bulanov, Alexander Boitsov, Alexander Korygin, Ms. Svetlana Yurkova and Ms. Svetlana Gvozdeva. The House rose and expressed its welcome. The House stood at east at 3:02 p.m., until the fall of the gavel. The House reconvened at 3:40 p.m., Speaker Corbett in the chair. SENATE AMENDMENTS CONSIDERED Lamberti of Polk called up for consideration Senate File 398, a bill for an act relating to commutation of sentences of persons who have been sentenced to life imprisonment, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-3988 to the House amendment: H-3988 1 Amend the House amendment, S-3479, to Senate File 2 398, as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. Page 1, by striking lines 3 and 4. 5 2. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-3988, to the House amendment. Speaker pro tempore Van Maanen of Marion in the chair at 4:04 p.m. Lamberti of Polk 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. 398) The ayes were, 87: Arnold Baker Bell Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Drake Drees Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Hurley Huseman Jacobs Jochum Klemme Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Rants Renken 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, 8: Bernau Doderer Fallon Kreiman Moreland Ollie Running Shoultz Absent or not voting, 5: Brammer Connors Holveck Houser Koenigs The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Coon of Warren called up for consideration 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, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-3987 to the House amendment: H-3987 1 Amend the House amendment, S-3468, to Senate File 2 432, as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. Page 1, by inserting after line 10 the 5 following: 6 " . Page 3, line 7, by striking the figure 7 "1996" and inserting the following: "1997"." 8 2. Page 1, by inserting after line 39 the 9 following: 10 " . Page 3, by inserting after line 12 the 11 following: 12 "Sec. ___. DEPARTMENTAL STUDY. The department of 13 justice, in consultation with the department of human 14 services, shall conduct a study of the issues involved 15 in the implementation of chapter 709C, including, but 16 not limited to, the costs associated with the current 17 hearing process, the costs of and security problems 18 related to the confinement of sexually violent 19 predators, legal issues surrounding the commitment and 20 confinement of sexually violent predators, and 21 potential alternatives to commitment and confinement 22 of sexually violent predators. In conducting the 23 study, the department shall also consult with an 24 association of county attorneys and the department of 25 corrections. The department of justice shall submit 26 its findings and any recommendations in a report to 27 the general assembly by January 1, 1996."" 28 3. Page 1, line 47, by inserting after the word 29 "victims," the following: "providing for a 30 departmental study,". 31 4. By numbering and renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-3987, to the House amendment. Coon of Warren 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. 432) The ayes were, 94: Arnold Baker Bell Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon 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 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 Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 6: Bernau Brammer Connors Holveck Houser Warnstadt The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 398 and 432. Unfinished Business Calendar The House resumed consideration of 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, previously deferred and placed on the unfinished business calendar. Millage of Scott offered the following amendment H-4010 filed by the committee on appropriations and moved its adoption: H-4010 1 Amend Senate File 83, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by striking lines 1 through 6. 4 2. Page 1, line 9, by striking the figure "1." 5 3. Page 1, by striking lines 18 through 28. 6 4. Title page, line 2, by striking the words 7 "districts and" and inserting the following: 8 "districts." 9 5. Title page, by striking lines 3 and 4. A non-record roll call was requested. The ayes were 17, nays 77. The committee amendment H-4010 lost. Grundberg of Polk asked and received unanimous consent to withdraw amendment H-3972 filed by Grundberg, et. al., on April 18, 1995. Grundberg of Polk offered amendment H-4043 filed by Grundberg, Metcalf, Lamberti, Thomson, Churchill, Nelson of Marshall, Hammitt and Jacobs from the floor as follows: H-4043 1 Amend Senate File 83, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by inserting before line 7 the 4 following: 5 "Sec. ___. Section 257.6, subsection 1, unnumbered 6 paragraph 3, Code 1995, is amended to read as follows: 7 A school district shall certify its actual 8 enrollment to the department of education by October 1 9 of each year, and the department shall promptly 10 forward the information to the department of 11 management. The department of management shall 12 determine whether a district is entitled to an advance 13 for increasing enrollment on the basis of its actual 14 enrollment. 15 Sec. ___. Section 257.6, subsection 4, Code 1995, 16 is amended to read as follows: 17 4. Budget enrollment. Budget enrollment for the 18 budget year is the basic enrollment for the budget 19 year. However, if a district's actual enrollment for 20 a budget year is greater than its budget enrollment, 21 the district is eligible for an advance for increasing 22 enrollment as provided in section 257.13. 23 Sec. ___. NEW SECTION. 257.13 ADVANCE FOR 24 INCREASING ENROLLMENT. 25 If a district's actual enrollment for the budget 26 year, determined under section 257.6, is greater than 27 its budget enrollment for the budget year, the 28 district is granted an advance from the state of an 29 amount equal to the product of one-fourth of its 30 regular program district cost per pupil for the budget 31 year multiplied by the difference between the actual 32 enrollment for the budget year and the budget 33 enrollment for the budget year. The advance is 34 miscellaneous income. 35 If a district receives an advance under this 36 section for a budget year, the department of 37 management shall determine the amount of the advance 38 which would have been generated by local property tax 39 revenues if the actual enrollment for the budget year 40 had been used in determining district cost for that 41 budget year, shall reduce, but not by more than the 42 amount of the advance, the district's total state 43 school aids otherwise available under this chapter for 44 the next following budget year by the amount so 45 determined, and shall increase the district's 46 additional property tax levy for the next following 47 budget year by the amount necessary to compensate for 48 the reduction in state aid, so that the local property 49 tax for the next following year will be increased only 50 by the amount which it would have been increased in Page 2 1 the budget year if the enrollment calculated in this 2 section could have been used to establish the levy. 3 There is appropriated each fiscal year from the 4 general fund of the state to the department of 5 education the amount required to pay advances 6 authorized under this section, which shall be paid to 7 school districts in the same manner as other state 8 aids are paid under section 257.16. 9 Sec. ___. Section 265.6, Code 1995, is amended to 10 read as follows: 11 265.6 STATE AID APPLICABLE. 12 If the state board of regents has established a 13 laboratory school, it shall receive state aid pursuant 14 to chapters 256B and 257 for each pupil enrolled in 15 the laboratory school in the same amount as the public 16 school district in which the pupil resides would 17 receive aid for that pupil and shall transmit the 18 amount received to the institution of higher education 19 at which the laboratory school has been established. 20 If the board of a school district terminates a 21 contract with the state board of regents for 22 attendance of pupils in a laboratory school, the 23 school district shall inform the department of 24 management of the number of these pupils who are 25 enrolled in the district on the third Friday of the 26 following September. The department of management 27 shall pay to the school district, from funds 28 appropriated in section 257.16, an amount equal to the 29 amount of state aid paid for each pupil in that school 30 district for that school year in payments made as 31 provided in section 257.16. However, payments shall 32 not be made for pupils for whom an advance is received 33 by the district under section 257.13." 34 2. Title page, line 1, by inserting after the 35 word "Act" the following: "providing an advance for 36 increasing enrollment for school districts and". Millage of Scott rose on a point of order that amendment H-4043 was not germane. The Speaker ruled the point well taken and amendment H-4043 not germane. 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. 83) The ayes were, 81: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Brand Branstad Brauns Burnett Carroll Cohoon Connors Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Houser Hurley Huseman Jochum Klemme Koenigs Kreiman Kremer Larkin Lord Main Mascher May Mertz Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Tyrrell Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, 16: Bradley Brunkhorst Churchill Coon Fallon Grundberg Jacobs Lamberti Larson Martin McCoy Metcalf Meyer Millage Thomson Van Fossen Absent or not voting, 3: Brammer Cataldo Holveck 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 83 be immediately messaged to the Senate. Speaker Corbett in the chair at 5:10 p.m. RULES SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent that the rules be suspended for the immediate consideration of House File 571. Ways and Means Calendar House File 571, 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, was taken up for consideration. Shoultz of Black Hawk asked and received unanimous consent to defer action on amendment H-4046. Hanson of Black Hawk offered amendment H-4044 filed by him and Witt from the floor as follows: H-4044 1 Amend House File 571 as follows: 2 1. Page 3, by inserting after line 15 the 3 following: 4 "Sec. 100. Section 99F.7, subsection 10, paragraph 5 a, Code 1995, is amended to read as follows: 6 a. A license to conduct gambling games on an 7 excursion gambling boat in a county shall be issued 8 only if the county electorate approves the conduct of 9 the gambling games as provided in this subsection. 10 The board of supervisors, upon receipt of a valid 11 petition meeting the requirements of section 331.306, 12 shall direct the commissioner of elections to submit 13 to the qualified electors of the county a proposition 14 to approve or disapprove the conduct of gambling games 15 on an excursion gambling boat in the county. The 16 proposition shall be submitted at a general election 17 or at a special election called for that purpose. To 18 be submitted at a general election, the petition must 19 be received by the board of supervisors at least five 20 working days before the last day for candidates for 21 county offices to file nomination papers for the 22 general election pursuant to section 44.4. If a 23 majority of the county voters voting on the 24 proposition favor the conduct of gambling games, the 25 commission may issue one or more licenses as provided 26 in this chapter. If a majority of the county voters 27 voting on the proposition do not favor the conduct of 28 gambling games, a license to conduct gambling games in 29 the county shall not be issued.After a referendum30has been held, another referendum requested by31petition shall not be held for at least two years.32 Sec. 101. Section 99F.7, subsection 10, Code 1995, 33 is amended by adding the following new paragraph: 34 NEW PARAGRAPH. d. After a referendum has been 35 held which defeated a proposal to conduct gambling 36 games on excursion gambling boats or which defeated a 37 proposal to conduct gambling games at a licensed pari- 38 mutuel racetrack enclosure as provided in this 39 section, another referendum on a proposal to conduct 40 gambling games on an excursion gambling boat or at a 41 licensed pari-mutuel racetrack shall not be held for 42 at least two years." 43 2. Page 3, by striking line 18 and inserting the 44 following: "enactment. Sections 1 through 3 of this 45 Act apply retroactively to January, 1, 1995, and 46 sections 100 and 101 apply retroactively to September 47 1, 1994." 48 3. Title page, line 1, by inserting after the 49 word "the" the following: "frequency of referendums 50 held on excursion gambling boat proposals or gambling Page 2 1 games proposals for licensed pari-mutuel racetracks 2 and the". Shoultz of Black Hawk offered amendment H-4049, to amendment H-4044, filed by him from the floor as follows: H-4049 1 Amend the amendment, H-4044, to House File 571 as 2 follows: 3 1. Page 1, by inserting after line 1 the 4 following: 5 " . Page 1, by inserting after line 35 the 6 following: 7 "Sec. ___. Section 99F.1, subsection 9, Code 1995, 8 is amended to read as follows: 9 9. "Gambling game" means any game of chance 10 authorized by the commission.However, for racetrack11enclosures, "gambling game" does not include table12games of chance or video machines."Gambling game" 13 does not include sports betting." 14 . Page 3, by inserting after line 15 the 15 following: 16 "Sec. ___. Section 99F.7, subsection 1, Code 1995, 17 is amended to read as follows: 18 1. If the commission is satisfied that this 19 chapter and its rules adopted under this chapter 20 applicable to licensees have been or will be complied 21 with, the commission shall issue a license for a 22 period of not more than three years to an applicant to 23 own a gambling game operation and to an applicant to 24 operate an excursion gambling boat. The commission 25 shall decide which of the gambling games authorized 26 under this chapter it will permit. The commission 27 shall decide the number, location, and type of 28 excursion gambling boats licensed under this chapter 29 for operation on the rivers, lakes, and reservoirs of 30 this state. However, not more than nine licenses to 31 operate gambling games on an excursion gambling boat 32 shall be issued at any one time. The license shall 33 set forth the name of the licensee, the type of 34 license granted, the place where the excursion 35 gambling boats will operate and dock, and the time and 36 number of days during the excursion season and the off 37 season when gambling may be conducted by the licensee. 38 The commission shall not allow a licensee to conduct 39 gambling games on an excursion gambling boat while 40 docked during the off season if the licensee does not 41 operate gambling excursions for a minimum number of 42 days during the excursion season. The commission may 43 delay the commencement of the excursion season at the 44 request of a licensee."" 45 2. By striking page 1, line 48, through page 2, 46 line 2, and inserting the following: 47 " . Title page, line 1, by inserting after the 48 word "to" the following: "gambling by limiting the 49 issuance of gambling licenses on excursion gambling 50 boats, by authorizing the racing and gaming commission Page 2 1 to determine gambling games at pari-mutuel racetracks, 2 by providing for the frequency of referenda held on 3 excursion gambling boats proposals or gambling games 4 proposals for pari-mutuel racetracks and by 5 amending"." Garman of Story rose on a point of order that amendment H-4049 was not germane, to amendment H-4044. The Speaker ruled the point well taken and amendment H-4049 not germane, to amendment H-4044. Hanson of Black Hawk offered the following amendment H-4048, to amendment H-4044, filed by him from the floor and moved its adoption: H-4048 1 Amend the amendment, H-4044, to House File 571 as 2 follows: 3 1. Page 1, line 45, by striking the word 4 "January," and inserting the following: "January". Amendment H-4048 was adopted. Nelson of Pottawattamie rose on a point of order that amendment H-4044, as amended, was not germane. The Speaker ruled the point well taken and amendment H-4044, as amended, not germane. Hanson of Black Hawk asked for unanimous consent to suspend the rules to consider amendment H-4044, as amended. Objection was raised. Hanson of Black Hawk moved to suspend the rules to consider amendment H-4044, as amended. A non-record roll call was requested. The ayes were 53, nays 27. The motion prevailed and the rules were suspended. Hanson of Black Hawk moved the adoption of amendment H-4044, as amended. A non-record roll call was requested. The ayes were 52, nays 18. Amendment H-4044, as amended, was adopted. Shoultz of Black Hawk offered amendment H-4046, previously deferred, filed by him from the floor as follows: H-4046 1 Amend House File 571 as follows: 2 1. Page 1, by inserting after line 35 the 3 following: 4 "Sec. ___. Section 99F.1, subsection 9, Code 1995, 5 is amended to read as follows: 6 9. "Gambling game" means any game of chance 7 authorized by the commission.However, for racetrack8enclosures, "gambling game" does not include table9games of chance or video machines."Gambling game" 10 does not include sports betting." 11 2. Page 3, by inserting after line 15 the 12 following: 13 "Sec. ___. Section 99F.7, subsection 1, Code 1995, 14 is amended to read as follows: 15 1. If the commission is satisfied that this 16 chapter and its rules adopted under this chapter 17 applicable to licensees have been or will be complied 18 with, the commission shall issue a license for a 19 period of not more than three years to an applicant to 20 own a gambling game operation and to an applicant to 21 operate an excursion gambling boat. The commission 22 shall decide which of the gambling games authorized 23 under this chapter it will permit. The commission 24 shall decide the number, location, and type of 25 excursion gambling boats licensed under this chapter 26 for operation on the rivers, lakes, and reservoirs of 27 this state. However, not more than nine licenses to 28 operate gambling games on an excursion gambling boat 29 shall be issued at any one time. The license shall 30 set forth the name of the licensee, the type of 31 license granted, the place where the excursion 32 gambling boats will operate and dock, and the time and 33 number of days during the excursion season and the off 34 season when gambling may be conducted by the licensee. 35 The commission shall not allow a licensee to conduct 36 gambling games on an excursion gambling boat while 37 docked during the off season if the licensee does not 38 operate gambling excursions for a minimum number of 39 days during the excursion season. The commission may 40 delay the commencement of the excursion season at the 41 request of a licensee." 42 3. Title page, line 1, by inserting after the 43 word "to" the following: "gambling by limiting the 44 issuance of gambling licenses on excursion gambling 45 boats, by authorizing the racing and gaming commission 46 to determine gambling games at pari-mutuel racetracks, 47 and by amending". Rants of Woodbury rose on a point of order that amendment H-4046 was not germane. The Speaker ruled the point well taken and amendment H-4046 not germane. Shoultz of Black Hawk asked for unanimous consent to suspend the rules to consider amendment H-4046. Objection was raised. Shoultz of Black Hawk moved to suspend the rules to consider amendment H-4046. A non-record roll call was requested. The ayes were 14, nays 51. The motion to suspend the rules lost. 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?" (H.F. 571) The ayes were, 93: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon 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 Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton 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, 1: Branstad Absent or not voting, 6: Brammer Houser Larson Murphy Running Schrader 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 571 be immediately messaged to the Senate. SENATE AMENDMENTS CONSIDERED Hurley of Fayette called up for consideration House File 471, a bill for an act relating to prison time served by persons convicted of an aggravated misdemeanor or greater offense, by providing for changes in the mandatory minimum terms of sentences to be served, by permitting the imposition of up to ninety days of the total sentence in a county jail in addition to any terms of probation, and providing for a reduction in the amount of good and honor time that may be earned by forcible felons, amended by the Senate amendment H-3928 as follows: H-3928 1 Amend House File 471, as amended, passed, and 2 reprinted by the House, as follows: 3 1. By striking page 1, line 1, through page 2, 4 line 12, and inserting the following: 5 "Sec. ___. Section 901.10, Code 1995, is amended 6 to read as follows: 7 901.10 IMPOSITION OF MANDATORY MINIMUM SENTENCES. 8 1. A court sentencing a person for an act 9 prohibited under section 124.406 or sections 124.401 10 and 124.413 may, at its discretion, waive the 11 mandatory minimum term of confinement if the person 12 was not in the possession or control of a firearm and 13 did not commit an assault as defined under section 14 708.1 while participating in the prohibited act, if 15 mitigating circumstances exist, and if the mitigating 16 circumstances are stated specifically in the record. 17 However, the state may appeal the discretionary 18 decision on the grounds that the stated mitigating 19 circumstances do not warrant a reduction of the 20 sentence. 21 2. A court sentencing a person for the person's 22 first conviction under section124.406, 124.413, or23 902.7 may, at its discretion, sentence the person to a 24 term less than provided by the statute if mitigating 25 circumstances exist and those circumstances are stated 26 specifically in the record. However, the state may 27 appeal the discretionary decision on the grounds that 28 the stated mitigating circumstances do not warrant a 29 reduction of the sentence." 30 2. Page 3, by striking lines 8 through 33. 31 3. Page 4, line 16, by striking the words "five 32 days per year" and inserting the following: "one day 33 per month". 34 4. By striking page 4, line 22, through page 5, 35 line 13, and inserting the following: 36 "Sec. ___. APPLICABILITY OF WAIVER TO CURRENT 37 INMATES. The board of parole shall identify inmates 38 currently serving mandatory minimum sentences for an 39 offense under section 1 of this Act that would have 40 been eligible for waiver of the mandatory minimum term 41 if the inmates had been sentenced on or after the 42 effective date of this Act. For each inmate 43 identified, the board of parole shall review the 44 inmate's record and the circumstances surrounding the 45 inmate's conviction and make a determination as to 46 whether the inmate's mandatory minimum term should be 47 waived. If the parole board determines that the 48 inmate's mandatory minimum term of confinement should 49 be waived, the inmate shall be immediately eligible 50 for parole. Page 2 1 Sec. ___. INTERIM STUDY COMMITTEE. The 2 legislative council is requested to establish an 3 interim committee to study currently available 4 sentencing and incarceration options. The study may 5 include but shall not be limited to a review of 6 available jail, community corrections, and prison 7 beds; the potential impact of the use of split 8 sentencing on jail, community corrections, and prison 9 bed space; security needs and costs associated with 10 the implementation of hard labor requirements for 11 persons incarcerated in corrections institutions; and 12 the nature and costs associated with other sentencing 13 options. In addition to legislative members, the 14 membership of the interim committee shall include the 15 following public members: 16 1. A representative from the board of parole. 17 2. A representative from the division of criminal 18 and juvenile justice planning of the department of 19 human rights. 20 3. A representative from an association of 21 sheriffs and deputy sheriffs. 22 4. A representative from the department of 23 corrections. 24 The committee shall submit findings and any 25 recommendations in a report to the general assembly by 26 January 1, 1996. 27 Sec. ___. RISK ASSESSMENT STUDY. The department 28 of corrections, in consultation with the board of 29 parole and the division of criminal and juvenile 30 justice planning of the department of human rights, 31 shall conduct a study of the various risk assessment 32 tools currently used in the Iowa corrections system to 33 determine the relative risk posed by a criminal 34 offender and the prospects for the offender's 35 rehabilitation and make findings and recommendations 36 regarding the implementation and use of a risk 37 assessment tool during or as part of the presentence 38 investigation process. The recommendations and any 39 corresponding findings shall be submitted in a report 40 to the general assembly by January 1, 1996." 41 5. Title page, by striking lines 4 through 6 and 42 inserting the following: "served, providing for a 43 reduction in the amount of". 44 6. Title page, line 7, by inserting after the 45 word "felons" the following: ", by requesting an 46 interim and a departmental study, and making other 47 related changes". 48 7. By designating, redesignating, and changing 49 internal references as necessary. Hurley of Fayette asked and received unanimous consent to withdraw amendment H-3999, to the Senate amendment H-3928, filed by him on April 20, 1995. Boddicker of Cedar offered the following amendment H-3959, to the Senate amendment H-3928, filed by him and moved its adoption: H-3959 1 Amend the Senate amendment, H-3928, to House File 2 471, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 1, line 12, by striking the words "in the 5 possession or" and inserting the following: "using or 6 in". Amendment H-3959 was adopted. Hurley of Fayette offered the following amendment H-4050, to the Senate amendment H-3928, filed by him from the floor and moved its adoption: H-4050 1 Amend the Senate amendment, H-3928, to House File 2 471, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 1, line 24, by striking the words "term 5 less than" and inserting the following: "mandatory 6 minimum term which is less than the mandatory minimum 7 term which is". 8 2. Page 2, by inserting after line 23, the 9 following: 10 " . A representative from a county board of 11 supervisors." 12 3. Page 2, line 35, by striking the word 13 "rehabilitation" and inserting the following: 14 "rehabilitation,". 15 4. Page 2, by inserting after line 40, the 16 following: 17 "Sec. ___. SPLIT-SENTENCING PILOT PROJECT. 18 1. The general assembly finds that the 19 implementation of a split-sentencing pilot project 20 within this state could serve as a test for a fair and 21 flexible method of dispensing criminal justice which 22 provides for an incremental approach to the imposition 23 of aggravated misdemeanor and felony criminal 24 sentences and may help to reduce the current prison 25 overcrowding problems while protecting the public 26 safety. A split-sentencing pilot project is therefore 27 established in a judicial district to be determined by 28 the supreme court. The judicial district shall be 29 selected based on the availability of jail space 30 within the judicial district, and whether the judicial 31 district in consultation with the county board or 32 boards of supervisors and the sheriff or sheriffs 33 desires to participate in the project. 34 Notwithstanding any other contrary provision of law, 35 subsection 2 of this section shall apply within and 36 only within the judicial district which is selected to 37 participate in this pilot project from the date of the 38 enactment of this Act through June 30, 1996. 39 2. By record entry at the time of or after 40 sentencing for an aggravated misdemeanor or a felony, 41 other than a class "A" felony, the court may sentence 42 the defendant to serve up to ninety days of the 43 sentence in the county jail and suspend the balance of 44 the term imposed. If the person is ordered to serve 45 up to ninety days in jail, the costs of the person's 46 confinement shall be paid by the state at the rate 47 negotiated by the department of corrections with the 48 judicial district under section 904.908. Payment 49 shall be made by the department of revenue and finance 50 upon submission of a voucher executed by the sheriff. Page 2 1 Persons serving time in a county jail under this 2 subsection shall be committed to the custody of the 3 director of the department of corrections and the 4 department shall be responsible for all prisoner 5 medical costs."" 6 5. Page 2, line 46, by inserting after the word 7 "study," the following: "providing for a pilot 8 project,". 9 6. By numbering and renumbering as necessary. Amendment H-4050 was adopted. Witt of Black Hawk asked and received unanimous consent to defer action on the following amendments filed by him on April 17, 1995: H-3947, H-3949 and H-3950. Siegrist of Pottawattamie asked and received unanimous consent to defer action on House File 471, the Senate amendment H-3928 pending. Schulte of Linn called up for consideration House File 197, a bill for an act relating to the expansion of the volunteer physician program to include other health care providers, amended by the Senate, and moved that the House concur in the following Senate amendment H-3991: H-3991 1 Amend House File 197, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, by striking line 7 and inserting the 4 following "health care facilities,orhealth care 5 referral programs, or charitable organizations, free". 6 2. Page 1, line 13, by striking the words "or 7 health" and inserting the following: "orhealth". 8 3. Page 1, line 14, by inserting after the word 9 "programs" the following: ", or charitable 10 organizations". 11 4. Page 1, line 24, by striking the words "or 12 health" and inserting the following: "orhealth". 13 5. Page 1, line 25, by inserting after the word 14 "programs" the following: ", or charitable 15 organizations,". 16 6. Page 1, line 28, by inserting after the word 17 "program," the following: "a charitable 18 organization,". 19 7. Page 2, line 5, by striking the words "or 20 health care referral program" and inserting the 21 following: "orhealth care referral program, or 22 charitable organization". 23 8. Page 2, by inserting after line 12 the 24 following: 25 "5. For the purposes of this section, "charitable 26 organization" means a charitable organization within 27 the meaning of section 501(c)(3) of the Internal 28 Revenue Code which has as its primary purpose the 29 sponsorship or support of programs designed to improve 30 the quality, awareness, and availability of medical 31 services to children and to serve as a funding 32 mechanism for provision of medical services, including 33 but not limited to immunizations, to children in this 34 state." 35 9. Title page, line 2, by inserting after the 36 word "providers" the following: "and to apply to 37 certain charitable organizations". The motion prevailed and the House concurred in the Senate amendment H-3991. Schulte of Linn 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. 197) The ayes were, 98: 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 Gries Grubbs Grundberg Hahn Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 2: Brammer Halvorson 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 197 be immediately messaged to the Senate. The House resumed consideration of House File 471, a bill for an act relating to prison time served by persons convicted of an aggravated misdemeanor or greater offense, by providing for changes in the mandatory minimum terms of sentences to be served, by permitting the imposition of up to ninety days of the total sentence in a county jail in addition to any terms of probation, and providing for a reduction in the amount of good and honor time that may be earned by forcible felons, previously deferred and the Senate amendment H-3928 pending. Witt of Black Hawk offered the following amendment H-3949, to the Senate amendment H-3928, previously deferred, filed by him and moved its adoption: H-3949 1 Amend the Senate amendment, H-3928, to House File 2 471, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 2, by inserting after line 23 the 5 following: 6 " . A faculty member with expertise in 7 sentencing and incarceration options who is from an 8 Iowa institution of higher education which offers a 9 degree program in criminology." 10 2. By numbering and renumbering as necessary. Amendment H-3949 lost. Witt of Black Hawk offered the following amendment H-3950, to the Senate amendment H-3928, previously deferred, filed by him and moved its adoption: H-3950 1 Amend the Senate amendment, H-3928, to House File 2 471, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 2, line 38, by inserting after the word 5 "process." the following: "In conducting the study, 6 the department shall also consult with faculty members 7 with expertise in risk assessment who are from Iowa 8 institutions of higher education which offer degree 9 programs in criminology." Amendment H-3950 was adopted. Witt of Black Hawk offered amendment H-3947, to the Senate amendment H-3928, filed by him and requested division as follows: H-3947 1 Amend the Senate amendment, H-3928, to House File 2 471, as amended, passed, and reprinted by the House, 3 as follows: H-3947A 4 1. Page 2, by striking lines 28 through 31 and 5 inserting the following: "of corrections shall issue 6 a request for proposals for the conducting of a study 7 of the various risk assessment". H-3947B 8 2. Page 2, line 35, by striking the words 9 "rehabilitation and make" and inserting the following: 10 "rehabilitation. The person or persons conducting the 11 study shall consult with faculty members with 12 expertise in risk assessment who are from Iowa 13 institutions of higher education which offer degree 14 programs in criminology. The study shall include 15 any". On motion by Witt of Black Hawk, amendment H-3947A, to the Senate amendment H-3928, lost. Witt of Black Hawk asked and received unanimous consent to withdraw amendment H-3947B, to the Senate amendment H-3928. On motion by Hurley of Fayette, the House concurred in the Senate amendment H-3928, as amended. Hurley of Fayette moved that the bill as amended by the Senate, further amended and concurred in by the House be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 471) The ayes were, 98: 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 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 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, 2: Brammer Running 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 471 be immediately messaged to the Senate. INTRODUCTION OF BILL House File 572, by committee on ways and means, a bill for an act relating to imposing a prison and jail surcharge on scheduled fines and forfeitures and providing for the appropriation and disposition of the proceeds from the surcharge for prisons and jails. Read first time and placed on the ways and means calendar. EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on Thursday, April 20, 1995. Had I been present, I would have voted "aye" on House Files 481, 486 and 555 and Senate Files 150 and 256. BRAUNS of Muscatine I was necessarily absent from the House chamber on Thursday, April 20, 1995. Had I been present, I would have voted "nay" on amendment H-3994 to House File 555. LARSON of Linn BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR The Chief Clerk of the House submitted the following report: Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bills have been examined and found correctly enrolled, signed by the Speaker of the House and the President of the Senate, and presented to the Governor for his approval on this 24th day of April, 1995: House Files 113, 128, 139, 217, 289, 346, 483, 554 and 556. 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 24, 1995, he approved and transmitted to the Secretary of State the following bills: House File 54, an act relating to the qualifications of an applicant for a license to sell real estate in this state. House File 198, an act creating a lien arising from the care and feeding of livestock in a custom cattle feedlot. House File 256, an act relating to the definition of the practice of engineering and the suspension or revocation of the certificate of registration of a professional engineer or land surveyor. House File 470, an act relating to the assessment of certain public improvement costs to abutting property at the request of the property owner. House File 520, an act relating to electronic transfer of funds and establishing certain requirements for full-function point-of-sale terminals and electronic funds transfer facilities maintained or operated by a national card association, establishing a civil penalty, and providing an effective date. Senate File 88, an act relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities. Senate File 116, an act authorizing certain persons to access dependent adult abuse information. Senate File 141, an act relating to notice for vacating and closing roads. Senate File 147, an act providing for the issuance of single general permits by the department of natural resources and providing an effective date. Senate File 149, an act relating to child support recovery. Senate File 174, an act relating to health facilities under the purview of the department of inspections and appeals. Senate File 233, an act relating to the suspension and revocation of driver's licenses and providing penalties for violations of out-of-service orders. Senate File 247, an act relating to plastic garbage can liners with recycled content. Senate File 298, an act relating to implements of husbandry, concerning the definition of implements of husbandry and weight restrictions for certain implements of husbandry. Senate File 352, an act relating to the family investment program and related human services programs by requiring the department of human services to apply for certain federal waivers and providing applicability provisions. Senate File 402, an act relating to brands registered by the department of agriculture and land stewardship and providing for penalties. Senate File 440, an act relating to probate including the lien period for estates which have not been administered, the amount which may be passed to a minor without appointing a conservator, the distribution of an intestate estate to the parents, and special use trusts. Senate File 458, an act relating to the duties of the county treasurer and providing effective and applicability dates. GOVERNOR'S ITEM VETO MESSAGE A copy of the following communication was received and placed on file: April 24, 1995 The Honorable Ron Corbett Speaker of the House House of Representatives State Capitol Building L O C A L Dear Mr. Speaker: I hereby transmit House File 512, an act appropriating funds to the Department of Economic Development, The Iowa Finance Authority, the Wallace Technology Transfer Foundation, Division of Insurance of the Department of Commerce, the Iowa Seed Capital Corporation, the International Development Foundation, the Public Employment Relations Board, and the Department of Employment Services, making related statutory changes, and providing an immediate effective date. House File 512 is, therefore, approved on this date with the following exceptions which I hereby disapprove. I am unable to approve the item designated as Section 1, subsection 3, paragraph g, in its entirety. This item would appropriate $10,000 to establish a community voice mail pilot program. While I support the proposed goals of the program, I am concerned that the concept has not been fully developed to take into consideration a whole host of security issues, including the potential for the system to be used for illegal or inappropriate uses. Further, the amount of funding the appropriation would provide falls far short of what would be minimally necessary to establish it even as a pilot program. I am unable to approve the designated portions of Section 9, unnumbered and unlettered paragraph 1. These items would authorize the legislature to be involved in decisions relating to the staffing and organization of the Department of Employment Services (DES). Decisions concerning the personnel needs and structure of DES properly fall within the discretion of the director of the department. Legislative attempts to encroach into matters that are the prerogative of the executive branch can not be approved. I am unable to approve the items designated as Section 10, subsections 1 and 2, in their entirety. These items relate to the operations of workforce development centers and the management of workers' compensation hearings. Like the items in the preceding paragraph, approval of these items would allow the legislative branch to interfere in decisions that are best made by the director of the Department of Employment Services. For that reason, they can not be approved. For the above reasons, I hereby respectfully disapprove these items in accordance with Amendment IV of the Amendments of the 1968 to the Constitution of the State of Iowa. All other items in House File 512 are hereby approved as of this date. Sincerely, Terry E. Branstad Governor PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Sixty fifth grade students from BCL-UW Middle School, Union, accompanied by Mary Pieper and John Ehn. By Sukup of Franklin, Garman of Story and Renken of Grundy. Eight eighth grade students from Pine Grove Mennonite, Chester, accompanied by Mary Ann Nightingale. By Weigel of Chickasaw. Three students from East Marshall High School, Le Grand. By Nelson of Marshall. COMMUNICATION RECEIVED The following communication was received and filed in the office of the Chief Clerk: IOWA COLLEGE STUDENT AID COMMISSION The ethnic diversity and controlled substance policy assurances summaries pursuant to chapter 261.25(5) Code of Iowa. 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\247 Dan Welk, Muscatine - For winning the FFA State Radio Broadcasting Award. 1995\248 Grace Stickel, Ames - For celebrating her 90th birthday. 1995\249 Clara Sorensen, Council Bluffs - For celebrating her 95th birthday. 1995\250 Don and Mary Kelso, Osceola - For celebrating their 60th wedding anniversary. 1995\251 Tokey R. Boswell, Corning - For participating in the 1995 Academic All-State Competition. 1995\252 Jennifer L. Adams, Lamoni - For participating in the 1995 Academic All-State Competition. SUBCOMMITTEE ASSIGNMENTS Senate File 472 Ways and Means: Teig, Chair; Main and Myers. Senate File 476 Ways and Means: Renken, Chair; Bernau and Rants. 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 WAYS AND MEANS Committee Bill (Formerly House File 160), relating to imposing a prison and jail surcharge on scheduled fines and forfeitures and providing for the appropriation and disposition of the proceeds from the surcharge for prisons and jails. Fiscal Note is not required. Recommended Amend and Do Pass April 24, 1995. Committee Bill (Formerly House Study Bill 320), relating to economic development by establishing a workforce development fund, providing for the transfer of certain employer withholding amounts to the workforce development fund, establishing a loan loss reserve program, and providing an employee development grant. Fiscal Note is not required. Recommended Amend and Do Pass April 24, 1995. RESOLUTIONS FILED HCR 39, by Boddicker, Salton and Daggett, a concurrent resolution requesting the establishment of an interim committee regarding the management of child abuse reports. Laid over under Rule 25. SCR 28, by committee on rules and administration, a resolution to call a joint session for the purpose of hearing an address by the President of the United States. Laid over under Rule 25. AMENDMENTS FILED H-4033 H.F. 519 Senate amendment H-4034 H.F. 567 Shoultz of Black Hawk H-4035 S.F. 481 Brauns of Muscatine H-4036 S.F. 481 Brauns of Muscatine H-4037 S.F. 481 Brauns of Muscatine H-4038 H.F. 567 Witt of Black Hawk Shoultz of Black Hawk Vande Hoef of Osceola H-4039 H.F. 567 Witt of Black Hawk Vande Hoef of Osceola H-4041 H.F. 567 Nutt of Woodbury H-4042 H.F. 569 Halvorson of Clayton H-4045 H.F. 570 Grubbs of Scott H-4047 S.F. 481 Koenigs of Mitchell Ollie of Clinton H-4051 H.F. 530 Millage of Scott H-4052 S.F. 266 Weigel of Chickasaw Mertz of Kossuth Mundie of Webster Koenigs of Mitchell May of Worth Larkin of Lee Drees of Carroll Nelson of Pottawattamie Bernau of Story Burnett of Story O'Brien of Boone H-4053 S.F. 481 Cohoon of Des Moines Ollie of Clinton Warnstadt of Woodbury On motion by Siegrist of Pottawattamie, the House adjourned at 6:32 p.m. until 8:45 a.m., Tuesday, April 25, 1995.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 1)
© 1995 Cornell College and League of Women Voters of Iowa
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