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House Journal: Tuesday, April 25, 1995

One Hundred-seventh Calendar Day - Seventieth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, April 25, 1995
The House met pursuant to adjournment at 8:45 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend Dan Herndon, Trinity Methodist
Church, Waverly.
The Journal of Monday, April 24, 1995 was approved.
PETITION FILED
The following petition has been received and placed on file.
By Arnold of Lucas from two hundred-two citizens of Keokuk
County favoring the issuance of driver's licenses in the office
of the County Treasurer.
 LEAVE OF ABSENCE
Leave of absence was granted as follows:
Eddie of Buena Vista and Dinkla of Guthrie, until their 
arrival, on request of Weidman of Cass; Mertz of Kossuth on
request of Schrader of Marion; Wise of Lee, until his arrival,
on request of Cohoon of Des Moines.
SENATE FILE 331 REFERRED
The Speaker announced that Senate File 331, previously passed on
file, was referred to committee on state government.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 24, 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 387, a bill for an act relating to the appointment of
the student member to the state board of regents, reducing the
student member's term, and providing implementation and
transition provisions.
Also: That the Senate has on April 24, 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 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.
Also: That the Senate has on April 24, 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 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 24, 1995, passed the
following bill in which the concurrence of the Senate was asked:
House File 548, a bill for an act relating to the definition of
business income for purposes of the state corporate income tax
and providing effective and applicability date provisions.
Also: That the Senate has on April 24, 1995, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 373, a bill for an act to permit the court to find a
person in contempt for failure to pay restitution after the
period of probation, work release, parole, or the person's
sentence has ended.
Also: That the Senate has on April 24, 1995, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
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.
Also: That the Senate has on April 24, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 482, a bill for an act establishing economic and
other penalties for certain criminal activity.
Also: That the Senate has on April 24, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 484, a bill for an act relating to and making
appropriations to certain state departments, agencies, funds,
and certain other entities, providing for regulatory authority
and other properly related matters, providing an effective date,
and providing penalties.
Also: That the Senate has on April 24, 1995, concurred in the
House amendment and adopted the following resolution in which
the concurrence of the Senate was asked:
Senate Concurrent Resolution 11, a concurrent resolution
declaring support for Amtrak.
JOHN F. DWYER, Secretary
SENATE MESSAGES CONSIDERED
Senate File 482, by Horn and Rife, a bill for an act
establishing economic and other penalties for certain criminal
activity.
Read first time and referred to committee on judiciary.
Senate File 484, by committee on appropriations, a bill for
an act relating to and making appropriations to certain state
departments, agencies, funds, and certain other entities,
providing for regulatory authority and other properly related
matters, providing an effective date, and providing penalties.
Read first time and referred to committee on appropriations.

RULES SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
for the immediate consideration of Senate File 475.
CONSIDERATION OF BILLS
Appropriations Calendar
Senate File 475, a bill for an act relating to state financial
provisions and providing applicability provisions and effective
dates, was taken up for consideration.
Millage of Scott offered the following amendment H-4011 filed by
the committee on appropriations and moved its adoption:
H-4011
 1     Amend Senate File 475, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, line 26, by striking the words "fifty
 4   thirty" and inserting the following:  "fifty".
 5     2.  Page 3, line 7, by striking the word
 6   "estimates" and inserting the following:  "estimate".
 7     3.  Page 3, line 12, by striking the words "a.
 8   The" and inserting the following:  "The".
 9     4.  Page 3, by striking lines 15 through 22.
10     5.  Page 3, by inserting after line 24 the
11   following:
12     "Sec. ___.  Section 282.31, subsection 1, Code
13   1995, is amended to read as follows:
14     1.  a.  A child who lives in a facility pursuant to
15   section 282.30, subsection 1, paragraph "a", and who
16   is not enrolled in the educational program of the
17   district of residence of the child, shall receive
18   appropriate educational services.  The area education
19   agency shall submit a proposed program and budget to
20   the department of education by January 1 for the next
21   succeeding school year.  The department of education
22   shall review and approve or modify the program and
23   proposed budget and shall notify the department of
24   revenue and finance and the area education agency of
25   its action by February 1.  Beginning with the fiscal
26   year commencing July 1, 1990, and ending June 30,
27   1991, and in succeeding years, the The department of
28   revenue and finance shall pay the approved budget
29   amount for an area education agency in monthly
30   installments beginning September 15 and ending June 15
31   of the next succeeding school year.  The installments
32   shall be as nearly equal as possible as determined by
33   the department of management, taking into
34   consideration the relative budget and cash position of
35   the state's resources.  The department of revenue and
36   finance shall transfer the approved budget amount for
37   an area education agency from the moneys appropriated
38   under section 257.16 and make the payment to the area
39   education agency.  The area education agency shall
40   submit an accounting for the actual cost of the
41   program to the department of education by August 1 of
42   the following school year.  The department shall
43   review and approve or modify all expenditures incurred
44   in compliance with the guidelines pursuant to section
45   256.7, subsection 10, and shall notify the department
46   of revenue and finance of the approved accounting
47   amount.  The approved accounting amount shall be
48   compared with any amounts paid by the department of
49   revenue and finance to the area education agency and
50   any differences added to or subtracted from the

Page 2  

 1   October payment made under this paragraph for the next
 2   school year.  Any amount paid by the department of
 3   revenue and finance shall be deducted monthly from the
 4   state foundation aid paid under section 257.16 to all
 5   school districts in the state during the remainder
of
 6   that subsequent fiscal year to all school
districts in
 7   the state.  The portion of the total amount of the
 8   approved budget that shall be deducted from the state
 9   aid of a school district shall be the same as the
10   ratio that the budget enrollment for the budget year
11   of the school district bears to the total budget
12   enrollment in the state for that budget year in which
13   the deduction is made.
14     b.  A child who lives in a facility or home
15   pursuant to section 282.19, and who does not require
16   special education and who is not enrolled in the
17   educational program of the district of residence of
18   the child, shall be included in the basic enrollment
19   of the school district in which the facility or home
20   is located.
21     However, on June 30 of a school year, if the board
22   of directors of a school district determines that the
23   number of children under this paragraph who were
24   counted in the basic enrollment of the school district
25   on the third Friday of September of that school year
26   is fewer than the sum of the number of months all
27   children were enrolled in the school district under
28   this paragraph during the school year divided by nine,
29   the secretary of the school district may submit a
30   claim to the department of education by August 1
31   following the school year for an amount equal to the
32   district cost per pupil of the district for the
33   previous school year multiplied by the difference
34   between the number of children counted and the number
35   of children calculated by the number of months of
36   enrollment.  The amount of the claim shall be paid by
37   the department of revenue and finance to the school
38   district by October 1.  The department of revenue and
39   finance shall transfer the total amount of the
40   approved claim of a school district from the moneys
41   appropriated under section 257.16 and the amount paid
42   shall be deducted monthly from the state foundation
43   aid paid to all school districts in the state during
44   the remainder of that the subsequent fiscal year
to
45   all school districts in the state in the manner
46   provided in paragraph "a".
47     Sec. ___.  Section 282.31, subsection 3, Code 1995,
48   is amended to read as follows:
49     3.  The actual special education instructional
50   costs, including transportation, for a child who

Page   3

 1   requires special education shall be paid by the
 2   department of revenue and finance to the school
 3   district in which the facility or home is located,
 4   only when a district of residence cannot be
 5   determined, and the child was not included in the
 6   weighted enrollment of any district pursuant to
 7   section 256B.9, and the payment pursuant to subsection
 8   2, paragraph "a" was not made by any district.  The
 9   district shall submit a proposed program and budget to
10   the department of education by January 1 for the next
11   succeeding school year.  The department of education
12   shall review and approve or modify the program and
13   proposed budget and shall notify the district by
14   February 1.  The district shall submit a claim by
15   August 1 following the school year for the actual cost
16   of the program.  The department shall review and
17   approve or modify the claim and shall notify the
18   department of revenue and finance of the approved
19   claim amount by September 1.  The total amount of the
20   approved claim shall be paid by the department of
21   revenue and finance to the school district by October
22   1.  The total amount paid by the department of revenue
23   and finance shall be deducted monthly from the state
24   foundation aid paid under section 257.16 to all school
25   districts in the state during the remainder of that
26   subsequent fiscal year to all school districts in
the
27   state.  The portion of the total amount of the
28   approved claims that shall be deducted from the state
29   aid of a school district shall be the same as the
30   ratio that the budget enrollment for the budget year
31   of the school district bears to the total budget
32   enrollment in the state for the budget year in which
33   the deduction is made.  The department of revenue and
34   finance shall transfer the total amount of the
35   approved claims from moneys appropriated under section
36   257.16 for payment to the school district."
37     6.  Page 4, by inserting after line 28 the
38   following:
39     "Sec. ___.  1994 Iowa Acts, chapter 1193, sections
40   2, 4, and 35, are repealed.
41     Sec. ___.  SPECIAL FUNDS -- SPECIAL AUTHORIZATION
42   FOR GAAP SALARY ACCRUAL.  The department of management
43   may authorize supplemental expenditures for the fiscal
44   year beginning July 1, 1994, in amounts necessary to
45   accrue salaries in accordance with generally accepted
46   accounting principles, for those departmental
47   revolving, trust, or special funds which are not part
48   of the general fund of the state and for which the
49   general assembly has established an operating budget."
50     7.  Page 4, by striking lines 29 through 31 and

Page   4

 1   inserting the following:
 2     "Sec. ___.  EFFECTIVE DATE.  Section 6 of this
 3   division of this Act, amending section 260D.12, takes
 4   effect July 1, 1995, and the remainder of the
 5   division, being deemed of immediate importance, takes
 6   effect upon enactment."
 7     8.  By striking page 4, line 32 through page 6,
 8   line 18.
 9     9.  Page 6, by inserting after line 20 the
10   following:
11     "Sec. ___.  Section 8.55, subsection 2, Code 1995,
12   is amended to read as follows:
13     2.  The maximum balance of the fund is the amount
14   equal to five percent of the adjusted revenue estimate
15   for the fiscal year.  If the amount of moneys in the
16   Iowa economic emergency fund is equal to the maximum
17   balance, moneys in excess of this amount shall be
18   transferred to the general rebuild Iowa
infrastructure
19   fund created in section 8.57."
20     10.  Page 6, lines 26 and 27 by striking the words
21   "or other nonrecurring".
22     11.  Page 6, line 30, by inserting after the word
23   "obligations." the following:  "An appropriation shall
24   not be made from the fund unless the appropriation is
25   in a bill or joint resolution which is approved by
26   vote of at least three-fifths of the members of both
27   chambers of the general assembly and is signed by the
28   governor."
29     12.  Page 6, by inserting before line 31 the
30   following:
31     "Sec. ___.  Section 8.55, subsection 4, Code 1995,
32   is amended to read as follows:
33     4.  Notwithstanding section 12C.7, subsection 2,
34   interest or earnings on moneys deposited in the Iowa
35   economic emergency fund shall be credited to the
36   rebuild Iowa economic emergency infrastructure
fund."
37     13.  Page 7, by inserting after line 14 the
38   following:
39     "Sec. ___.  Section 8.56, subsection 4, paragraph
40   b, Code 1995, is amended to read as follows:
41     b.  In addition to the requirements of paragraph
42   "a", an appropriation shall not be made from the cash
43   reserve fund which would cause the fund's balance to
44   be less than three percent of the adjusted revenue
45   estimate for the year for which the appropriation is
46   made unless the bill or joint resolution making the
47   appropriation is approved by vote of at least three-
48   fifths of the members of both chambers of the general
49   assembly and is signed by the governor.
50     Sec. ___.  Section 8.57, subsection 1, paragraph a,

Page   5

 1   Code 1995, is amended by striking the paragraph and
 2   inserting in lieu thereof the following:
 3     a.  The "cash reserve goal percentage" for fiscal
 4   years beginning on or after July 1, 1995, is five
 5   percent of the adjusted revenue estimate.  For each
 6   fiscal year beginning on or after July 1, 1995, in
 7   which the appropriation of the surplus existing in the
 8   general fund of the state at the conclusion of the
 9   prior fiscal year pursuant to paragraph "b" was not
10   sufficient for the cash reserve fund to reach the cash
11   reserve goal percentage for the current fiscal year,
12   there is appropriated from the general fund of the
13   state an amount to be determined as follows:
14     (1)  If the balance of the cash reserve fund in the
15   current fiscal year is not more than four percent of
16   the adjusted revenue estimate for the current fiscal
17   year, the amount of the appropriation under this
18   lettered paragraph is one percent of the adjusted
19   revenue estimate for the current fiscal year.
20     (2)  If the balance of the cash reserve fund in the
21   current fiscal year is more than four percent but less
22   than five percent of the adjusted revenue estimate for
23   that fiscal year, the amount of the appropriation
24   under this lettered paragraph is the amount necessary
25   for the cash reserve fund to reach five percent of the
26   adjusted revenue estimate for the current fiscal year.
27     (3)  The moneys appropriated under this lettered
28   paragraph shall be credited in equal and proportionate
29   amounts in each quarter of the current fiscal year.
30     Sec. ___.  Section 8.57, subsection 1, paragraph b,
31   Code 1995, is amended to read as follows:
32     b.  Commencing June 30, 1993, the The surplus
33   existing in the general fund of the state at the
34   conclusion of the fiscal year is appropriated for
35   distribution in the succeeding fiscal year as provided
36   in this section subsections 2 and 3.  Moneys
credited
37   to the cash reserve fund from the appropriation made
38   in this paragraph shall not exceed the amount
39   necessary for the cash reserve fund to reach the cash
40   reserve goal percentage for the succeeding fiscal
41   year.  As used in this paragraph, "surplus" means the
42   excess of revenues and other financing sources over
43   expenditures and other financing uses for the general
44   fund of the state in a fiscal year."
45     14.  Page 7, by striking line 15 and inserting the
46   following:
47     "Sec. ___.  Section 8.57, subsections 2 and 3, Code
48   1995, are amended".
49     15.  Page 8, line 22, by striking the words
50   "credited to" and inserting the following: 
"credited

Page   6

 1   in equal amounts to the rebuild Iowa infrastructure
 2   fund and".
 3     16.  Page 8, by inserting after line 23 the
 4   following:
 5     "3.  To the extent that moneys appropriated under
 6   subsection 1 exceed the amounts necessary for the cash
 7   reserve fund to reach its maximum balance and the
 8   amounts necessary to eliminate Iowa's GAAP deficit,
 9   including elimination of the making of any
10   appropriation in an incorrect fiscal year, the moneys
11   shall be appropriated credited in equal amounts to
the
12   rebuild Iowa infrastructure fund and the Iowa economic
13   emergency fund."
14     17.  Page 11, by inserting after line 3 the
15   following:
16                        "DIVISION    
17                     BUDGET SUBMISSIONS
18     Sec. ___.  Section 8.23, unnumbered paragraph 1,
19   Code 1995, is amended to read as follows:
20     On or before September October 1, prior to each
21   legislative session, all departments and
22   establishments of the government shall transmit to the
23   director, on blanks to be furnished by the director,
24   estimates of their expenditure requirements, including
25   every proposed expenditure, for the ensuing fiscal
26   year, classified so as to distinguish between
27   expenditures estimated for administration, operation,
28   and maintenance, and the cost of each project
29   involving the purchase of land or the making of a
30   public improvement or capital outlay of a permanent
31   character, together with supporting data and
32   explanations as called for by the director.  The
33   budget estimates shall include for those agencies
34   which pay for energy directly a line item for energy
35   expenses itemized by type of energy and location.  The
36   estimates of expenditure requirements shall be based
37   upon seventy-five percent of the funding provided for
38   the current fiscal year accounted for by program
39   reduced by the historical employee vacancy factor in
40   form specified by the director and the remainder of
41   the estimate of expenditure requirements prioritized
42   by program.  The estimates shall be accompanied with
43   performance measures for evaluating the effectiveness
44   of the program.  If a department or establishment
45   fails to submit estimates within the time specified,
46   the governor shall cause estimates to be prepared for
47   that department or establishment as in the governor's
48   opinion are reasonable and proper.  The director shall
49   furnish standard budget request forms to each
50   department or agency of state government.

Page   7

 1     Sec. ___.  Section 8.35A, subsection 2, Code 1995,
 2   is amended to read as follows:
 3     2.  Commencing September October 1, the director
 4   shall provide weekly budget tapes in the form and
 5   level of detail requested by the legislative fiscal
 6   bureau reflecting finalized agency budget requests for
 7   the following fiscal year as submitted to the
 8   governor.  The director shall transmit all agency
 9   requests in final form to the legislative fiscal
10   bureau by November 15.  Final budget records
11   containing the governor's recommendation and final
12   agency requests shall be transmitted to the
13   legislative fiscal bureau by January 1 or no later
14   than the date the governor's budget document is
15   delivered to the printer.  The governor's
16   recommendation included on this record shall be
17   considered confidential by the legislative fiscal
18   bureau until it is made public by the governor.  The
19   legislative fiscal bureau shall use this data in the
20   preparation of information for the legislative
21   appropriation process.
22     Sec. ___.  Section 456A.19, unnumbered paragraph 2,
23   Code 1995, is amended to read as follows:
24     The department shall annually on or before
25   September by October 1 of each year submit to the
26   department of management for transmission to the
27   general assembly a detailed estimate of the amount
28   required by the department during the succeeding year
29   for carrying on the activities embraced in the fish
30   and wildlife division.  The estimate shall be in the
31   same general form and detail as required by law in
32   estimates submitted by other state departments."
The committee amendment H-4011 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. 475)
The ayes were, 92:
Arnold         	Baker          	Bell           	Blodgett
Boddicker      	Boggess        	Bradley        	Brand 
Branstad       	Brauns         	Brunkhorst     	Carroll 
Cataldo        	Churchill      	Cohoon         	Connors 
Coon                  	Cormack        	Cornelius      	Daggett
Dinkla         	Disney         	Doderer        	Drake
Drees          	Ertl           	Fallon         	Garman 
Gipp           	Greig          	Greiner        	Gries
Grundberg      	Hahn           	Halvorson      	Hammitt 
Hanson         	Harper         	Harrison       	Heaton
Holveck        	Houser         	Hurley         	Huseman
Jacobs         	Jochum         	Klemme         	Kreiman 
Kremer         	Lamberti       	Larkin         	Larson
Lord           	Main           	Martin         	Mascher 
May            	McCoy          	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         	Witt           	Mr. Speaker
			   Corbett
The nays were, none.
Absent or not voting, 8:
Bernau         	Brammer        	Burnett        	Eddie 
Grubbs         	Koenigs        	Mertz    	Wise

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 475 be immediately messaged to the Senate.
Ways and Means Calendar
House File 567, a bill for an act relating to the electricity
purchase or wheeling requirements for alternate energy
production and small hydro facilities, providing a methane
energy purchase sales tax credit, and providing an effective
date, was taken up for consideration.
Shoultz of Black Hawk offered amendment H-4018 filed by him and
Holveck as follows:
H-4018
 1     Amend House File 567 as follows:
 2     1.  By striking everything after the enacting
 3   clause and inserting the following:
 4     "Section 1.  INTERIM STUDY.  The legislative
 5   council is requested to authorize an interim study to
 6   analyze the issue of requiring the purchase of
 7   alternate energy from alternate energy production
 8   facilities and small hydro facilities.  The study
 9   committee shall work with the energy project of the
10   national conference of state legislatures which has
11   offered to provide technical assistance to the
12   committee.  The study committee shall evaluate the
13   existing energy efficiency and alternate energy policy
14   of the state, including the laws and regulations of
15   the state and provide recommendations to the general
16   assembly."
17     2.  Title page, by striking lines 1 through 4 and
18   inserting the following:  "An Act relating to an
19   interim study of alternate energy policies."
Speaker pro tempore Van Maanen of Marion in the chair at 9:45
a.m.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Holveck of Polk, until his return, on request of Schrader of
Marion.
Shoultz of Black Hawk asked for unanimous consent to defer
action on House File 567.
Objection was raised.
Shoultz of Black Hawk moved to defer action on House File 567.
The motion to defer lost.
Shoultz of Black Hawk moved the adoption of amendment H-4018.
A non-record roll call was requested.
The ayes were 29, nays 51.
Amendment H-4018 lost.

Shoultz of Black Hawk asked and received unanimous consent to
defer action on amendment H-4019.
Nutt of Woodbury offered the following amendment H-4041 filed by
him and moved its adoption:
H-4041
 1     Amend House File 567 as follows:
 2     1.  Page 1, by striking lines 17 through 19 and
 3   inserting the following:  "deduct the amount of the
 4   credit from the tax due with its quarterly return."
Amendment H-4041 was adopted.
Vande Hoef of Osceola offered the following amendment H-4024
filed by him and Mertz and moved its adoption:
H-4024
 1     Amend House File 567 as follows:
 2     1.  By striking page 1, line 1, through page 2,
 3   line 2.
 4     2.  Page 2, line 8, by inserting after the figure
 5   "476.44" the following:  ", and to review the
 6   promotion of methane energy purchases by electric
 7   utilities through the use of tax credits".
 8     3.  Title page, lines 3 and 4, by striking the
 9   words ", providing a methane energy purchase sales tax
10   credit,".
11     4.  By renumbering as necessary.
Amendment H-4024 was adopted, placing out of order amendment
H-4041, previously adopted.
Holveck of Polk offered amendment H-4023 filed by him as follows:
H-4023
 1     Amend House File 567 as follows:
 2     1.  Page 2, by inserting after line 2 the
 3   following:
 4     "Sec. ___.  Section 476.44, subsection 2, Code
 5   1995, is amended to read as follows:
 6     2.  An electric utility subject to this division,
 7   except a utility which elects rate regulation pursuant
 8   to section 476.1A, shall not be required to purchase,
 9   at any one time, more than its share of one two
10   hundred five ten megawatts of power from alternative
11   energy production facilities or small hydro facilities
12   at the rates established pursuant to section 476.43.
13   The board shall allocate the one two hundred
five ten
14   megawatts based upon each utility's percentage of the
15   total Iowa retail peak demand, for the year beginning
16   January 1, 1990, of all utilities subject to this
17   section.  If a utility undergoes reorganization as
18   defined in section 476.76, the board shall combine the
19   allocated purchases of power for each utility involved
20   in the reorganization.
21     Notwithstanding the one two hundred five
ten
22   megawatt maximum, the board may increase the amount of
23   power that a utility is required to purchase at the
24   rates established pursuant to section 476.43 if the
25   board finds that a utility, including a reorganized
26   utility, exceeds its 1990 Iowa retail peak demand by
27   twenty percent and the additional power the utility is
28   required to purchase will encourage the development of
29   alternate energy production facilities and small hydro
30   facilities.  The increase shall not exceed the
31   utility's increase in peak demand multiplied by the
32   ratio of the utility's share of the one two hundred
33   five ten megawatt maximum to its 1990 Iowa retail
peak
34   demand."
35     2.  Page 2, by striking lines 16 through 25.
36     3.  Renumbering as necessary.
Speaker Corbett in the chair at 12:18 p.m.
Van Fossen of Scott in the chair at 12:27 p.m.
Holveck of Polk moved the adoption of amendment H-4023.
Roll call was requested by Larson of Linn and McCoy of Polk.
On the question "Shall amendment H-4023 be adopted?" (H.F. 567)
The ayes were, 12:
Fallon         	Harper         	Holveck        	Huseman
Jochum         	Myers          	O'Brien        	Ollie
Shoultz        	Vande Hoef     	Weigel         	Witt
The nays were, 75:
Arnold         	Baker          	Bell           	Blodgett
Boddicker      	Boggess        	Bradley        	Brand
Branstad       	Brauns         	Brunkhorst     	Carroll
Cataldo        	Churchill      	Cohoon         	Coon
Corbett, Spkr.	Cormack        	Cornelius      	Daggett 
Dinkla         	Disney         	Doderer        	Drake
Drees          	Ertl           	Garman         	Gipp
Greiner        	Gries          	Hahn           	Halvorson 
Hammitt        	Hanson         	Harrison       	Heaton
Houser         	Hurley         	Jacobs         	Klemme
Kreiman        	Kremer         	Lamberti       	Larkin
Larson         	Lord           	Martin         	Mascher
May            	McCoy          	Metcalf        	Meyer
Millage        	Mundie         	Murphy         	Nelson, B.
Nelson, L.       	Nutt           	Rants          	Renken
Running        	Salton         	Schulte        	Siegrist
Sukup          	Teig           	Thomson        	Tyrrell
Van Maanen     	Veenstra       	Warnstadt      	Weidman 
Welter         	Wise           	Van Fossen
		  Presiding
Absent or not voting, 13:
Bernau         	Brammer        	Burnett        	Connors
Eddie          	Greig          	Grubbs         	Grundberg
Koenigs        	Main           	Mertz          	Moreland
Schrader
Amendment H-4023 lost.


The following amendments were deferred by unanimous consent:
H-4025, H-4027, H-4029 and  H-4038.
Blodgett of Cerro Gordo offered the following amendment H-4030
filed by him and moved its adoption:
H-4030
 1     Amend House File 567 as follows:
 2     1.  Page 2, lines 3 and 4, by striking the words
 3   "is requested to" and inserting the following:
 4   "shall".
 5     2.  Page 2, line 11, by inserting after the word
 6   "energy." the following:  "It is the intent of the
 7   general assembly that the developers of alternate
 8   energy production facilities or small hydro facilities
 9   who have proceeded in good faith under the terms and
10   conditions of sections 476.41 through 476.44 to
11   develop such facilities not suffer economic losses as
12   a result of legislation that would alter the
13   obligation of electric utilities to enter into long-
14   term contracts to purchase or wheel electricity from
15   those facilities.  The committee shall consider a
16   mechanism for reimbursement of reasonable net losses
17   incurred by those developers, both prior to the
18   effective date of this Act and during the moratorium
19   imposed by section 4 of this Act, if any such losses
20   are determined by the Iowa utilities board to have
21   been incurred."
Amendment H-4030 was adopted.
Siegrist of Pottawattamie asked and received unanimous consent
that House File 567 be deferred and that the bill be placed on
the unfinished business calendar.
SENATE FILE 481 REFERRED
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 481, presently on the calendar, be referred to
committee on appropriations.
INTRODUCTION OF BILL
House File 573, by committee on ways and means, a bill for an
act relating to economic development by establishing a workforce
development fund, providing for the transfer of certain employer
withholding amounts to the workforce development fund, and
establishing a loan loss reserve program.
Read first time and placed on the ways and means calendar.
CONSIDERATION OF
 SENATE CONCURRENT RESOLUTION 28
Siegrist of Pottawattamie asked and received unanimous consent
for the immediate consideration of Senate Concurrent Resolution
28, as follows and moved its adoption:
 1	SENATE CONCURRENT RESOLUTION 28
 2	BY  Committee on Rules and Administration
 3  A resolution to call a joint session for the purpose
 4  of hearing an address by the President of the United
 5  States.
 6     Be It Resolved By The Senate, The House Of
 7  Representatives Concurring, That a joint session of
 8  the two houses of the 1995 session of the seventy-
 9  sixth general assembly be held on Tuesday, April 25,
10  1995, at 7:30 p.m., in the Senate chamber; and
11     Be It Further Resolved, That the President of the
12  United States, William J. Clinton, be invited to
13  address the joint session.
The motion prevailed and the resolution was adopted.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate Concurrent Resolution 28 be immediately messaged to
the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 24, 1995, amended and passed the
following bill in which the concurrence of the House is asked:
House File 94, a bill for an act to permit certain dissolutions
of marriage to take place without a hearing.
Also: That the Senate has on April 24, 1995, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 203, a bill for an act relating to the location of
the office of the commission of veterans affairs, and providing
an effective date.
Also: That the Senate has on April 25, 1995, passed the
following bill in which the concurrence of the Senate was asked:
House File 252, a bill for an act relating to the regulation of
real estate brokers and salespersons.
Also: That the Senate has on April 25, 1995, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 393, a bill for an act relating to certain exemptions
from federal motor carrier safety regulations.
Also: That the Senate has on April 24, 1995, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 482, a bill for an act relating to the funding for
the Iowa communications network and providing an appropriation.
Also: That the Senate has on April 25, 1995, passed the
following bill in which the concurrence of the Senate was asked:
House File 489, a bill for an act authorizing an increase in the
amount of taxes dedicated to the reserve account by township
trustees for supplies and equipment related to fire protection,
emergency warning systems, and ambulance services.
Also: That the Senate has on April 25, 1995, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 507, a bill for an act relating to state government
personnel systems, including affirmative action reports,
disability programs, deferred compensation, experimental
research projects, the state training system, and health
insurance contracts for public employees.
Also: That the Senate has on April 24, 1995, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 528, a bill for an act relating to criminal and
juvenile justice, including authorizing the suspension of the
juvenile's motor vehicle license, authorizing a criminal justice
agency to retain a copy of a juvenile's fingerprint card,
providing that certain identifying information regarding
juveniles involved in delinquent acts is a public record,
exempting certain offenses from the jurisdiction of the juvenile
court, placing a juvenile in detention as a dispositional
alternative, waiving a juvenile to adult court, the release or
detention of certain criminal defendants pending sentencing or
appeal following conviction, limiting the circumstances under
which
 a juvenile may consume alcoholic beverages, providing for
notice to parents when a juvenile is taken into custody for
alcohol offenses, adding custody and adjudication information
regarding juveniles to state criminal history files,
establishing a juvenile justice task force, authorizing the
transmission of communicable disease information by radio in
certain circumstances, and enhancing or establishing penalties.
Also: That the Senate has on April 25, 1995, passed the
following bill in which the concurrence of the Senate was asked:
House File 550, a bill for an act relating to the exemption of
the statewide notification center and its vendors from sales,
services, and use taxes and providing for the Act's
effectiveness and retroactive applicability.
Also: That the Senate has on April 25, 1995, passed the
following bill in which the concurrence of the Senate was asked:
House File 559, a bill for an act defining multiple housing
cooperatives and certain other property of nonprofit
organizations as residential property for purposes of assessing
the value of the property for taxation purposes, and providing
for the Act's retroactive applicability.
Also: That the following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has, on April 25, 1995, adopted the conference
committee report and passed Senate File 93, a bill for an act
related to criminal offenses against minors and sexually violent
offenses and offenders committing those offenses, by requiring
registration by offenders, providing for the establishment of a
sex offender registry, permitting the charging of fees, and
providing penalties.
Also: That the Senate has on April 25, 1995, amended the House
amendment, concurred in the House amendment as amended, and
passed the following bill in which the concurrence of the House
is asked:
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.
Also: That the Senate has on April 25, 1995, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 256, a bill for an act providing for notification of
the application of pesticides.
Also: That the Senate has on April 24, 1995, amended the House
amendment, concurred in the House amendment as amended, and
passed the following bill in which the concurrence of the House
is asked:
Senate File 358, a bill for an act relating to habitual
offenders of the motor vehicle laws, by providing for an
administrative adjudication of the habitual offender status, and
providing for the payment of fees.
Also: That the Senate has on April 25, 1995, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 390, a bill for an act relating to the Iowa arts and
cultural enhancement and endowment program and foundation.
Also: That the Senate has on April 25, 1995, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 394, a bill for an act relating to instruments filed
or recorded with the county recorder.
Also: That the following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has, on April 25, 1995, adopted the conference
committee report and passed 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 25, 1995, adopted the
following resolution in which the concurrence of the House is
asked:
Senate Concurrent Resolution 10, a concurrent resolution
relating to border city trucking agreements.
JOHN F. DWYER, Secretary

SENATE AMENDMENT CONSIDERED
Kremer of Buchanan called up for consideration House File 530, a
bill for an act relating to and making appropriations to the
department for the blind, the Iowa state civil rights
commission, the department of elder affairs, the Iowa department
of public health, the department of human rights, the commission
of veterans affairs, and the governor's alliance on substance
abuse, amended by the Senate amendment H-3944 as follows:
H-3944
 1     Amend House File 530, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  By striking page 2, line 34, through page 3,
 4   line 13.
 5     2.  Page 5, by striking line 32 and inserting the
 6   following:
 7   "			$	1"
 8     3.  Page 5, line 33, by inserting after the word
 9   "paragraph" the following:  ", plus any other funds
10   received,".
11     4.  Page 5, line 35, by striking the words ",
12   including long-term care data,".
13     5.  Page 6, by striking line 15 and inserting the
14   following:
15   "			$	2,148,541"
16     6.  Page 6, by inserting after line 33 the
17   following:
18     "The Iowa department of public health shall
19   organize a coalition to consider federal requirements
20   concerning lead poisoning and develop recommendations
21   for submission to the general assembly on or before
22   January 1, 1996, for proposed legislation regarding
23   lead-poisoned persons.  The coalition formed shall
24   include, but is not limited to, representatives of
25   real estate agents, landlords, painting contractors,
26   lead inspectors, local public health officials, and
27   consumers."
28     7.  By striking page 6, line 34, through page 7,
29   line 5, and inserting the following:
30     "e.  The radon program shall be eliminated July 1,
31   1995."
32     8.  Page 18, by inserting after line 30 the
33   following:
34     "The Iowa department of public health and the
35   department of human services shall determine if
36   expenses under any portion of the healthy family
37   program would qualify for payment under the medical
38   assistance program and if so, shall apply to the
39   federal government for a medical assistance waiver.
40   The Iowa department of public health and the
41   department of human services shall evaluate the
42   funding change's potential impact upon clients of the
43   healthy family program.
44     Contingent upon appropriation by the general
45   assembly, the healthy opportunities for parents to
46   experience success program, authorized in the 1992
47   Iowa Acts, Second Extraordinary Session, chapter 1001,
48   section 414, shall be implemented or expanded in the
49   following priority order:
50     (1)  Expansion of the program to be fully funded in

Page 2  

 1   Scott, Woodbury, and Polk counties.
 2     (2)  Implementation of the program in Adams,
 3   Decatur, Ringgold, and Union counties.
 4     (3)  Implementation of the program in Boone and
 5   Dickinson counties.
 6     If there is inadequate funding for the priority in
 7   subparagraph (1), the moneys available shall be
 8   divided among the three counties.  If the
 9   implementation in any county enumerated in
10   subparagraph (2) or (3) is unsuccessful, the
11   contractor may substitute another county with similar
12   demographics."
13     9.  Page 21, by striking lines 1 and 2 and
14   inserting the following:
15   "			$	57,206
16   	FTEs 		1.0"
17     10.  Page 22, by inserting after line 14 the
18   following:
19     "   .  COMMUNITY GRANT FUND
20     For the community grant fund established under sec-
21   tion 232.190 for new grants and the continuation of
22   existing grants for the fiscal year beginning July 1,
23   1995, and ending June 30, 1996, to be used for the
24   purposes of the community grant fund:
25   			$	1,800,000
26     New grant proposals and continuation grant
27   recipients shall demonstrate community collaboration,
28   not merely disbursements of funds to various
29   organizations, and shall show significant progress
30   toward achieving objectives set forth in the proposal
31   such as process and impact evaluation objectives,
32   including objectives related to the number of persons
33   served.  Letters of support shall include specific
34   commitments and shall be binding."
35     11.  Page 23, by striking line 10 and inserting
36   the following:
37   			$	37,935,385
38     12.  Page 23, line 28, by striking the word
39   "shall" and inserting the following:  "is requested
40   to".
41     13.  By renumbering, relettering, or redesignating
42   and correcting internal references as necessary.
The House stood at ease at 1:47 p.m.
The House resumed session at 2:10 p.m., Speaker Corbett in the
chair.
Running of Linn asked and received unanimous consent to defer
action on amendment H-4071, to the Senate amendment H-3944.
Millage of Scott offered the following amendment H-4051, to the
Senate amendment H-3944, filed by him and moved its adoption:
H-4051
 1     Amend the Senate amendment, H-3944, to House File
 2   530, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by striking lines 3 and 4.
 5     2.  Page 1, by striking line 7 and inserting the
 6   following:
 7   ""			 $	75,000"."
 8     3.  Page 1, by inserting after line 12 the
 9   following:
10     "   .  Page 6, by inserting after line 10 the
11   following:
12     "(3)  The health data commission shall provide a
13   match of one dollar in advance of each state dollar
14   provided.""
15     4.  Page 2, by inserting after line 34 the
16   following:
17     "   .  Page 22, line 15, by striking the word
18   "The" and inserting the following:  "Except for the
19   persons with disabilities division which shall be
20   administered by the director of the department of
21   human rights, the"."
22     5.  Page 2, by striking lines 35 through 37.
23     6.  Page 2, by striking lines 38 through 40 and
24   inserting the following:
25     "   .  By striking page 23, line 27, through page
26   24, line 1, and inserting the following:
27     "Sec. ___.  DEPARTMENT OF HUMAN RIGHTS --
28   ADMINISTRATIVE STRUCTURE.  The divisions of the
29   department of human rights shall study options for
30   transferring the responsibilities of the department
31   into other agencies of state government, should the
32   department of human rights be eliminated at the
33   commencement of the fiscal year beginning July 1,
34   1996.  The goal of the shift of the administrative
35   responsibilities of the divisions is to eliminate
36   duplication and increase efficiency while maintaining
37   the advocacy responsibilities of the divisions.  The
38   study shall include advantages and disadvantages of
39   any proposed options.  The divisions shall report the
40   study findings to the governor and the general
41   assembly on or before December 15, 1995.  The study
42   shall include the following:
43     1.  The community action agencies division shall
44   identify the most appropriate state agencies as
45   options for relocation for administrative efficiency.
46     2.  The deaf services division shall plan for
47   becoming a separate department of state government.
48     3.  The Iowa state civil rights commission and the
49   divisions of persons with disabilities, Latino
50   affairs, and the status of African-Americans shall

Page 2  

 1   plan for incorporating the divisions' functions into
 2   the commission.
 3     4.  The division on the status of women and the
 4   director of the department of economic development
 5   shall plan for incorporating the division into the
 6   department.
 7     5.  The criminal and juvenile justice planning
 8   division shall consult with the office of the attorney
 9   general and the governor's substance abuse coordinator
10   to identify the most appropriate state agency to which
11   the division would relocate."
12        .  Page 24, by inserting before line 2 the
13   following:
14     "Sec. ___.  Section 216A.2, Code 1995, is amended
15   to read as follows:
16     216A.2  APPOINTMENT OF DEPARTMENT DIRECTOR AND
17   ADMINISTRATORS.
18     The governor shall appoint a director of the
19   department of human rights, subject to confirmation by
20   the senate.  The department director shall serve at
21   the pleasure of the governor.  The department director
22   shall:
23     1.  Establish general operating policies for the
24   department to provide general uniformity among the
25   divisions while providing for necessary flexibility.
26     2.  Receive budgets submitted by each commission
27   and reconcile the budgets among the divisions.  The
28   department director shall submit a budget for the
29   department, subject to the budget requirements
30   pursuant to chapter 8.
31     3.  Coordinate and supervise personnel services and
32   shared administrative support services to assure
33   maximum support and assistance to the divisions.
34     4.  Identify and, with the chief administrative
35   officers of each division, facilitate the
36   opportunities for consolidation and efficiencies
37   within the department.
38     5.  In cooperation with the commissions, make
39   recommendations to the governor regarding the
40   appointment of the administrator of each division.
41     6.  Serve as an ex officio member of all
42   commissions or councils within the department.
43     7.  Serve as chairperson of the human rights
44   administrative-coordinating council.
45     8.  Evaluate each administrator, after receiving
46   recommendations from the appropriate commissions or
47   councils, and submit a written report of the completed
48   evaluations to the governor and the appropriate
49   commissions or councils, annually.
50     9.  Administer the division of persons with

Page 3

 1   disabilities.
 2     The governor shall appoint the administrators of
 3   each of the divisions, except for the division of
 4   persons with disabilities, subject to confirmation by
 5   the senate.  Each administrator shall serve at the
 6   pleasure of the governor and is exempt from the merit
 7   system provisions of chapter 19A.  The governor shall
 8   set the salary of the division administrators within
 9   the ranges set by the general assembly.
10     Sec. ___.  Section 216A.71, subsection 1, Code
11   1995, is amended to read as follows:
12     1.  "Administrator" means the administrator of the
13   division of persons with disabilities of the
14   department of human rights.""
15     7.  By renumbering, relettering, or redesignating
16   and correcting internal references as necessary.
Amendment H-4051 was adopted.
Weigel of Chickasaw offered the following amendment H-3975, to
the Senate amendment H-3944, filed by him and moved its adoption:

H-3975
 1     Amend the Senate amendment, H-3944, to House File
 2   530, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by striking line 15 and inserting the
 5   following:
 6   ""	 $		2,188,386""
 7     2.  Page 1, by striking lines 30 and 31 and
 8   inserting the following:
 9     ""e.  Of the funds appropriated in this subsection,
10   $39,845 shall be used for radon program activities.
11   The department shall also retain $30,000 of federal
12   radon funds for additional radon program activities.""
Amendment H-3975 lost.
Running of Linn offered the following amendment H-4071, to the
Senate amendment H-3944, filed by Running, Harrison, Fallon and
Mascher from the floor and moved its adoption:
H-4071
 1     Amend the Senate amendment, H-3944, to House File
 2   530, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by inserting before line 3 the
 5   following:
 6     "   .  Page 2, by striking line 5 and inserting
 7   the following:
 8   "		$		440,618""
 9     2.  Page 1, by inserting after line 4 the
10   following:
11     "   .  Page 4, by striking line 12 and inserting
12   the following:
13   "		$		757,946""
14     3.  Page 1, by inserting after line 31 the
15   following:
16     "   .  Page 7, by striking line 15 and inserting
17   the following:
18   "		$		608,733""
19     4.  Page 2, by inserting after line 12 the
20   following:
21     "   .  Page 18, by striking line 35 and inserting
22   the following:
23   "			$	282,583"
24        .  Page 19, by striking line 6 and inserting
25   the following:
26   "			$	992,948"
27        .  Page 19, by striking line 12 and inserting
28   the following:
29   "			$	914,819"
30        .  Page 19, by striking line 18 and inserting
31   the following:
32   "			$	650,822""
33     5.  Page 2, by striking lines 15 and 16 and
34   inserting the following:
35   ""			$	102,136
36   	 FTEs		2.0""
37     6.  By renumbering as necessary.
Amendment H-4071 lost.
On motion by Kremer, the House concurred in the Senate amendment
H-3944, as amended.

Kremer of Buchanan 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. 530)
The ayes were, 71:
Arnold         	Bell           	Blodgett       	Boddicker
Boggess        	Bradley        	Brand          	Brauns 
Carroll        	Cataldo        	Churchill      	Coon
Cormack        	Cornelius      	Daggett        	Dinkla
Disney         	Doderer	Drake          	Garman
Gipp           	Greig          	Greiner        	Gries
Grubbs         	Grundberg      	Hahn           	Halvorson
Hammitt        	Hanson         	Heaton         	Holveck
Houser         	Hurley         	Huseman        	Jacobs
Jochum         	Klemme         	Lamberti       	Larson
Lord           	Main           	Martin         	Mascher
May            	McCoy          	Metcalf        	Meyer
Millage        	Mundie         	Murphy         	Nelson, B.
Nelson, L.       	Nutt           	Rants          	Renken
Salton         	Schulte        	Siegrist       	Sukup
Teig           	Thomson        	Tyrrell        	Van Fossen 
Van Maanen     	Vande Hoef     	Veenstra       	Warnstadt
Weidman        	Welter         	Mr. Speaker 
		   Corbett
The nays were, 22:
Baker          	Branstad       	Cohoon         	Connors
Drees          	Ertl           	Fallon         	Harper
Harrison       	Kreiman        	Kremer         	Larkin
Moreland       	Myers          	O'Brien        	Ollie
Running        	Schrader       	Shoultz        	Weigel
Wise           	Witt           	
Absent or not voting, 7:
Bernau         	Brammer        	Brunkhorst     	Burnett 
Eddie          	Koenigs        	Mertz          	

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 530 be immediately messaged to the Senate.
ADOPTION OF THE REPORT OF THE
CONFERENCE COMMITTEE
(Senate File 459)
Garman of Story called up for consideration the report of the
conference committee on Senate File 459 and moved the adoption
of the conference committee report and the amendments contained
therein as follows:
REPORT OF THE CONFERENCE COMMITTEE
ON SENATE FILE 459
To the President of the Senate and the Speaker of the House of
Representatives:
We, the undersigned members of the conference committee
appointed to resolve the differences between the Senate and the
House of Representatives on 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, respectfully make the following
report:
1.  That the House recedes from its amendment, S-3410.
2.  That Senate File 459, as amended, passed, and reprinted by
the Senate, is amended as follows:
1.  Page 1, line 19, by striking the figure "175,000" and
inserting the following:  "122,415".
2.  By striking page 4, line 22, through page 5, line 7.
3.  Page 7, by inserting after line 25 the following:
"Moneys received by the department of corrections as
reimbursement for services provided to the Clarinda youth
corporation are appropriated to the department and shall be used
for the purpose of operating the Clarinda correctional facility."
4.  By striking page 8, line 16, through page 9, line 35, and
inserting the following:
"3.  The department of corrections shall conduct a study to
compare the costs and consider the feasibility of leasing an
existing building or of constructing, remodeling, or renovating
a building for use as a residential facility and office in Fort
Dodge by the second judicial district department of corrections.
 The department of corrections shall submit a report on the
study, including the findings and recommendations of the
department, to the general assembly on or before January 30,
1996.
4.  The department of corrections shall conduct a study to
consider the establishment and location of a 50-bed infirmary
unit to provide nursing, medical, and other health care-related
services to inmates.  The department shall submit a report on
the study, including the findings and recommendations of the
department, to the general assembly on or before January 8, 1996.
5.  The department of corrections shall, in consultation with
the board of parole, the criminal and juvenile justice planning
division of the department of human rights, and the office of
the attorney general, conduct a study to consider whether to
establish a super-maximum security facility for inmates.  The
study shall consider the number of beds needed at such a
facility, the best location for the facility, whether existing
facilities or new construction should be used to establish the
facility, and whether constructing or establishing a new
facility could result in removal of the court-ordered limit on
the number of prison inmates allowed at Fort Madison.  The
department of corrections shall submit a report on the study,
including the findings and recommendations of the department, to
the general assembly on or before January 8, 1996."
5.  Page 10, line 23, by striking the word "contract" and
inserting the following:  "new contract, unless the contract is
a renewal of an existing contract,".
6.  Page 10, by striking line 26 and inserting the following: 
"department using state employees as of July 1, 1995, or for the
privatization of new services by the department, without prior
consultation with any applicable state employee organization
affected by the proposed new contract and prior notification of
the co-chairpersons and ranking members of the joint
appropriations subcommittee on the justice system."
7.  Page 11, by inserting after line 18 the following:
"7.  For educational programs for inmates at state penal
institutions: 			$	1,850,600
It is the intent of the general assembly that moneys
appropriated in this subsection shall be used solely for the
purpose indicated and that the moneys shall not be transferred
for any other purpose.
Notwithstanding section 8.33, moneys appropriated in this
subsection which remain unobligated or unexpended at the close
of the fiscal year shall not revert to the general fund of the
state but shall remain available only for the purposes
 designated in this subsection in the succeeding fiscal year."
8.  Page 16, by inserting after line 12 the following:
"7.  In addition to the requirements of section 8.39, the
department of corrections shall not make an intradepartmental
transfer of moneys appropriated to the department, unless notice
of the intradepartmental transfer is given prior to its
effective date to the legislative fiscal bureau.  The notice
shall include information on the department's rationale for
making the transfer and details concerning the work load and
performance measures upon which the transfers are based."
9.  Page 22, line 34, by inserting after the word "surveillance"
the following:  "or safety".
10.  Page 25, line 6, by striking the figure "15,000" and
inserting the following:  "30,000".
11.  Page 26, line 28, by striking the figure "8,330,089" and
inserting the following:  "8,883,350".
12.  Page 26, line 29, by striking the figure "166.00" and
inserting the following:  "182.00".
13.  Page 27, by striking lines 26 through 35 and inserting the
following:  "6."
14.  Page 29, by striking lines 1 and 2.
15.  Page 29, line 8, by striking the words "full cost of
auditing" and inserting the following:  "cost of
auditing salaries for no more than two special agents and
no more than four gaming enforcement officers for each excursion
gambling boat for".
16.  Page 29, by striking lines 12 through 14 and inserting the
following:  "salary costs shall be limited to sixty-five
percent of the salary costs for special agents and sixty-five
percent of the salary costs for gaming enforcement for personnel
assigned to excursion gambling boats who enforce laws and rules
adopted by the".
17.  Page 30, by striking lines 11 through 18 and inserting the
following:
"b.  For each fiscal year, a judicial collection estimate for
that fiscal year shall be equally and proportionally divided
into a quarterly amount.  The judicial collection estimate shall
be calculated by using the state revenue estimating conference
estimate made by December 15 pursuant to section 8.22A,
subsection 3, of the total amount of fines, fees, civil
penalties, costs, surcharges, and other revenues collected by
judicial officers and court employees for deposit into the
general fund of the state.  The revenue estimating conference
estimate shall be reduced by the maximum amounts allocated to
the Iowa prison infrastructure fund pursuant to section
602.8108A, and the court technology fund pursuant to section
602.8108, and the remainder shall be the judicial collection
estimate."
18.  Page 30, line 19, by striking the word and figure
"subsection 1."
19.  Page 30, line 24, by inserting after the figure "602.8108A"
the following:  "and into the court technology fund pursuant
to section 602.8108".
20.  Page 30, line 31, by inserting after the word "fund. "
the following:  "If the revenue estimating conference agrees
to a different estimate at a later meeting which projects a
lesser amount of revenue than the initial estimate amount used
to calculate the judicial collection estimate, the director of
revenue and finance shall


 recalculate the judicial collection estimate accordingly.  If
the revenue estimating conference agrees to a different estimate
at a later meeting which projects a greater amount of revenue
than the initial estimate amount used to calculate the judicial
collection estimate, the director of revenue and finance shall
recalculate the judicial collection estimate accordingly but
only to the extent that the greater amount is due to an increase
in the fines, fees, civil penalties, costs, surcharges, or other
revenues allowed by law to be collected by judicial officers and
court employees."
21.  By striking page 31, line 5, through page 32, line 1.
22.  Page 32, by inserting before line 2 the following:
"Sec. 100.  NEW SECTION.  904.311A  PRISON RECYCLING FUND.
The Iowa prison recycling fund is created and established as a
separate and distinct fund in the state treasury.  All moneys
remitted to the department for recycling operations in each
fiscal year commencing with the fiscal year beginning July 1,
1994, shall be deposited in the fund.  Notwithstanding section
12C.7, subsection 2, interest or earnings on moneys deposited in
the fund shall be credited to the fund.  Notwithstanding section
8.33, moneys in the fund shall not revert to the general fund of
the state at the close of a fiscal year but shall remain in the
fund and be used as directed in this section in the succeeding
fiscal year.  The treasurer of state shall act as custodian of
the fund and disburse moneys from the fund as directed by the
department for the purpose of payment of operating expenses for
recycling.
Sec. ___.  NEW SECTION.  904.508A  INMATE TELEPHONE REBATE
FUND.
The department is authorized to establish and maintain an inmate
telephone rebate fund in each institution for the deposit of
moneys received for inmate telephone rebates.  All funds
deposited in this fund shall be used for the benefit of inmates.
 The director shall adopt rules providing for the disbursement
of moneys from the fund."
23.  Page 32, by inserting after line 6 the following:
"Sec.    .  INTERIM STUDY COMMITTEE.  The legislative
council is requested to authorize an interim study committee
concerning the enforcement of activities on excursion gambling
boats."
24.  Page 32, by striking lines 16 through 19.
25.  Page 32, by inserting after line 24 the following:
"6.  Section 100 of this Act, dealing with the Iowa prison
recycling fund, takes effect upon enactment and is retroactively
applicable to July 1, 1994."
26.  By renumbering, relettering, or redesignating and
correcting internal references as necessary.  
ON THE PART OF THE HOUSE:	ON THE PART OF THE SENATE:
TERESA GARMAN, Chair	EUGENE FRAISE, Chair
PAUL BELL	TONY BISIGNANO
RICK LARKIN	MICHAEL E. GRONSTAL
LYNN SCHULTE	STEWART IVERSON, JR.
JERRY WELTER	DONALD B. REDFERN
The motion prevailed and the report was adopted.
Garman of Story moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 459)
The ayes were, 84:
Arnold         	Baker          	Bell           	Blodgett
Boddicker      	Boggess        	Bradley        	Brand
Branstad       	Brauns         	Carroll        	Cataldo
Churchill      	Cohoon         	Connors        	Coon
Cormack        	Cornelius      	Daggett        	Dinkla
Disney         	Doderer        	Drake          	Ertl
Garman         	Gipp           	Greig          	Greiner
Gries          	Grubbs         	Grundberg      	Hahn
Halvorson      	Hammitt        	Hanson         	Harrison 
Heaton         	Holveck        	Houser         	Hurley
Huseman        	Jacobs         	Jochum         	Klemme
Kremer         	Lamberti       	Larkin         	Larson
Lord           	Main           	Martin         	Mascher
May            	McCoy          	Metcalf        	Meyer
Millage        	Mundie         	Myers          	Nelson, B.
Nelson, L.       	Nutt           	Ollie          	Rants
Renken         	Running        	Salton         	Schrader
Schulte        	Shoultz        	Siegrist       	Sukup
Teig           	Thomson        	Tyrrell        	Van Fossen
Van Maanen     	Vande Hoef     	Veenstra       	Weidman
Weigel         	Welter         	Wise           	Mr. Speaker
			   Corbett
The nays were, 9:
Drees          	Fallon         	Harper         	Kreiman
Moreland       	Murphy         	O'Brien        	Warnstadt
Witt
Absent or not voting, 7:
Bernau         	Brammer        	Brunkhorst     	Burnett
Eddie          	Koenigs        	Mertz
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 459 be immediately messaged to the Senate.
ADOPTION OF THE REPORT OF THE
CONFERENCE COMMITTEE
(Senate File 93)
Coon of Warren called up for consideration the report of the
conference committee on Senate File 93 and moved the adoption of
the conference committee report and the amendments contained
therein as follows:

REPORT OF THE CONFERENCE COMMITTEE
ON SENATE FILE 93
To the President of the Senate and the Speaker of the House of
Representatives:
We, the undersigned members of the conference committee
appointed to resolve the differences between the Senate and the
House of Representatives on 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, respectfully make the following report:
1.  That the House recedes from its amendment, S-3383.
2.  That Senate File 93, as amended, passed, and reprinted, is
amended as follows:
#1.  Page 1, line 6, by striking the words "a public" and
inserting the following:  "an indictable".
#2.  Page 1, line 7, by inserting after the words "to, a" the
following:  "juvenile who has been adjudicated delinquent, but
whose juvenile court records have been sealed under section
232.150, and a".
#3.  Page 1, by inserting after line 12 the following:
"   .  "Criminal justice agency" means an agency or
department of any level of government or an entity wholly owned,
financed, or controlled by one or more such agencies or
departments which performs as its principal function the
apprehension, prosecution, adjudication, incarceration, or
rehabilitation of criminal offenders."
#4.  Page 1, line 13, by striking the letter "a."
#5.  Page 1, by striking lines 15 and 16 and inserting the
following:
"a.  Kidnapping of a minor, except for kidnapping of a minor in
the third degree which is committed by a parent."
#6.  Page 1, line 17, by striking the figure "(2)" and inserting
the following:  "b."
#7.  Page 1, line 19, by striking the figure and words "(3) Any
public" and inserting the following:  "c.  Any indictable".~` 
#8.  Page 1, line 21, by striking the figure "(4)" and inserting
the following:  "d."~`
#9.  Page 1, line 23, by striking the figure "(5)" and inserting
the following:  "e."
#10.  Page 1, line 24, by striking the figure "(6)" and
inserting the following:  "f."
#11.  Page 1, line 25, by striking the figure and words "(7) Any
public" and inserting the following:  "g.  Any indictable".
#12.  Page 1, line 27, by striking the figure "(8)" and
inserting the following:  "h."
#13.  Page 1, line 29, by striking the figure "(9)" and
inserting the following:  "i."
#14.  Page 1, line 31, by striking the figure "(10)" and
inserting the following:  "j."
#15.  Page 1, line 33, by striking the figure and words "(11)  A
public" and inserting the following:  "k.  An indictable".
#16.  Page 1, line 34, by striking the words "a public" and
inserting the following:  "an indictable".
#17.  Page 1, lines 34 and 35, by striking the words and figures
"subparagraphs (1) through (10)" and inserting the following: 
"paragraphs "a" through "j"".
#18.  Page 2, by striking lines 1 through 4.
#19.  Page 2, by striking lines 6 through 12.
#20.  Page 2, line 17, by striking the word "public" and
inserting the following:  "indictable".
#21.  Page 2, line 26, by striking the word "public" and
inserting the following:  "criminal".
#22.  Page 2, line 27, by striking the words "a public" and
inserting the following:  "an indictable".
#23.  Page 3, line 4, by inserting after the word
"incarcerated." the following:  "A person who is convicted, as
defined in section 692A.1, of either a criminal offense against
a minor or a sexually violent offense as a result of
adjudication of delinquency in juvenile court shall not be
required to register as required in this chapter if the juvenile
court finds that the person should not be required to register
under this chapter."
#24.  Page 3, line 9, by inserting after the words "laws of" the
following:  "this state or of"
#25.  Page 3, line 14, by striking the words "of the other
state".
#26.  Page 4, line 16, by striking the word "sheriff" and
inserting the following:  "court".
#27.  Page 4, line 19, by striking the word "sheriff" and
inserting the following:  "court".
#28.  Page 5, line 5, by inserting after the words "laws of" the
following:  "this state or of".
#29.  Page 5, by striking lines 20 through 30 and inserting the
following:  "do the following prior to release or sentencing of
the convicted person:"
#30.  Page 5, line 31, by inserting after the word
"fingerprints" the following:  ", the social security number,".
#31.  Page 5, line 32, by inserting after the word "photograph"
the following:  "and the social security number".
#32.  Page 6, by striking line 24 and inserting the following: 
"incarcerated, the sheriff, warden, or superintendent, or in the
case of conviction without incarceration, the court shall".
#33.  Page 6, by striking lines 26 through 28 and inserting the
following:  "forms, and accept the forms on behalf of the
sheriff of the county of registration.  The sheriff, warden,
superintendent, or".
#34.  Page 6, line 29, by striking the words "superintendent
shall send a copy of" and inserting the following:  "the court
shall send".
#35.  Page 6, line 30, by striking the word "form" and inserting
the following:  "information".
#36.  Page 6, line 35, by striking the words "warden or" and
inserting the following:  "sheriff, warden, or".
#37.  Page 7, line 1, by striking the word "sheriff" and
inserting the following:  "court".
#38.  Page 7, by striking lines 2 through 5 and inserting the
following:  "the registration information to the department and
to the".
#39.  Page 7, line 8, by inserting after the word "FEES" the
following:  "AND CIVIL PENALTY".
#40.  Page 7, by striking lines 20 through 25 and inserting the
following:
"2.  In addition to any other penalty, at the time of conviction
for a public offense committed on or after the effective date of
this Act which requires a person to register under this chapter,
the person shall be assessed a civil penalty of two hundred
dollars, to be payable in the same manner as a fine.  The clerk
of the district court shall transmit money collected under this
subsection each month to the treasurer of state, who shall
deposit ten percent of the moneys transmitted by the clerk into
the court technology and modernization fund, for use for the
purposes established in section 602.8108, subsection 4,
paragraph "a", and deposit the balance of the moneys transmitted
by the clerk into the sex offender registry fund established
under section 692A.11."
#41.  Page 7, line 31, by striking the word "Failure" and
inserting the following:  "A willful failure".
#42.  Page 7, line 34, by striking the words "who fails" and
inserting the following:  "who willfully fails".
#43.  Page 8, line 5, by inserting after the word "The" the
following:  "willful".
#44.  Page 9, line 3, by inserting after the word "name," the
following:  "the registrant's social security number,".
#45.  Page 9, line 7, by inserting after the word "photographs"
the following:  "but shall not include information identifying
the victim of the crime of which the registrant was convicted".
#46.  Page 9, line 35, by striking the words "law enforcement"
and inserting the following:  "criminal justice agencies".
#47.  Page 10, line 7, by inserting after the word "officers."
the following:  "Rules adopted shall also include a procedure
for removal of information from the registry upon the reversal
or setting aside of a conviction of a person who is registered
under this chapter."
#48.  Page 10, line 32, by striking the words "law enforcement"
and inserting the following:  "criminal justice".
#49.  Page 11, line 2, by striking the words "law enforcement"
and inserting the following:  "criminal justice".
#50.  Page 11, line 4, by striking the words ", other than the
identity of a victim of" and inserting the following: "from the
registry regarding".
#51.  Page 11, lines 15 and 16, by striking the words "law
enforcement" and inserting the following:  "criminal justice".
#52.  Page 11, line 26, by inserting after the word "registry."
the following:  "The record of persons requesting information
from the registry is a confidential record under section 22.7,
subsection 9, unless the person requesting the information from
the registry requests that the record of the information request
be a public record."
#53.  Page 12, by striking line 9 and inserting the following: 
"Criminal justice agencies, officials, and employees of criminal
justice".
#54.  Page 12, line 11, by striking the words "good faith
conduct under" and inserting the following:  "acts or omissions
arising from a good faith effort to comply with".
#55.  Page 12, by inserting after line 12, the following:
"Sec. ___.  STATE MANDATE.  For purposes of section 25B.2,
subsection 3, the moneys received from fees which are permitted
to be charged under this Act shall constitute full funding of
any state mandate which is not otherwise excluded from the
requirements of that subsection and which is imposed upon a
political subdivision under this Act.
Sec.    .  APPLICABILITY OF ACT -- TRANSITION PROVISIONS.
1.  The registration requirements of this Act shall apply to
persons convicted of criminal offenses against a minor, sexual
exploitation, or a sexually violent offense prior to the
effective date of this Act but who are released on or after the
effective date of this Act, are participating in a work release
or institutional work release program on or after the effective
date of this Act, or who are under parole or probation
supervision by a judicial district department of correctional
services on or after the effective date of this Act.
2.  Persons required to register under subsection 1, shall
register for a period of ten years commencing with the later of
either the effective date of this Act, or the date of the
person's release from confinement, release on work release or
institutional work release, or release on parole or probation.
For persons released from confinement, registration shall be
initiated by the warden or superintendent in charge of the place
of confinement in the same manner as provided in section 692A.5.
 For persons who are under parole or probation supervision, the
person's parole or probation officer shall inform the person of
the person's duty to register and shall obtain the registration
information required under section 692A.5.
Sec.    .  SEVERABILITY OF ACT.  If any provision of this
Act or the application of this Act to any person is held
invalid, the invalidity shall not affect the provisions or
application of this Act which can be given effect without the
invalid provisions or application, and to this end the
provisions of this Act are severable."
#56.  Title page, line 1, by inserting after the word "minors"
the following:  ", sexual exploitation,".
#57.  Title page, by striking line 5, and inserting the
following:  "charging of fees, providing penalties, and
providing for transition, applicability, and severability
provisions."
#58.  By renumbering, relettering, or redesignating and
correcting internal references as necessary. 
ON THE PART OF THE HOUSE:	ON THE PART OF THE SENATE:
BRIAN COON, Chair	TONY BISIGNANO, Chair
DWIGHT DINKLA	RANDAL J. GIANNETTO	MINNETTE DODERER	O. GENE MADDOX
JEFFREY LAMBERTI	ANDY McKEAN
MICHAEL MORELAND	TOM VILSACK
The motion prevailed and the report was adopted.
Coon of Warren moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 93)
The ayes were, 92:
Arnold         	Baker          	Bell           	Blodgett
Boddicker      	Boggess        	Bradley        	Brand
Branstad       	Brauns         	Carroll        	Cataldo
Churchill      	Cohoon         	Connors        	Coon
Cormack        	Cornelius      	Daggett        	Dinkla
Disney         	Doderer        	Drake          	Drees
Ertl           	Fallon         	Garman         	Gipp
Greig          	Greiner        	Gries          	Grubbs
Grundberg      	Hahn           	Halvorson      	Hammitt
Hanson         	Harper         	Harrison       	Heaton
Holveck        	Houser         	Hurley         	Huseman
Jacobs         	Jochum         	Klemme         	Kreiman
Kremer         	Lamberti       	Larkin         	Larson
Lord           	Main           	Martin         	Mascher
May            	McCoy          	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     	Van Maanen     	Vande Hoef
Veenstra       	Warnstadt      	Weidman        	Weigel
Welter         	Wise           	Witt           	Mr. Speaker
			   Corbett

The nays were, none.
Absent or not voting, 8:
Bernau         	Brammer        	Brunkhorst     	Burnett
Eddie          	Koenigs        	Mertz          	Shoultz
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 93 be immediately messaged to the Senate.
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on Monday
morning, April 24, 1995. Had I been present, I would have voted
"aye" on Senate Files 398 and 432.
HOUSER of Pottawattamie
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Ten youth leaders from the Carter Lake Community Resource
Center, Carter Lake, accompanied by Jim Tierney. By Nelson of
Pottwattamie.
Thirty five eighth grade students from Southeast Junior High,
Iowa City, accompanied by Joyce Carmen. By Doderer and Mascher
of Johnson.
Students from Fisher Elementary, Marshalltown, accompanied by
Barb Vovos and Julia Eckles. By Nelson of Marshall.
Thirty-seven third through fifth grade students from Boone
Community Children's Choir, Boone, accompanied by Ruth Kanagy.
By O'Brien of Boone.
Forty fifth grade students from Alden Community School, Alden,
accompanied by Mrs. Krause, Mrs. Jones, Lori Aust and Kim Izer.
By Sukup of Franklin.
Seventy five fifth grade students from Colfax Mingo Elementary,
Colfax, accompanied by Paula Klosterboer. By Bell of Jasper.
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\253	Grace Amato, Council Bluffs - For celebrating her 85th
birthday.
1995\254	Ryan Dean Myers, Council Bluffs - For his nomination
and selection as a finalist to the Iowa Academic All-State Team.
1995\255	Kellie VanNordstrand, Council Bluffs - For her
nomination and selection as a finalist to the Iowa Academic
All-State Team.
1995\256	Paul B. Whitson, Underwood - For his nomination and
selection as a finalist to the Iowa Academic All-State Team.
1995\257	The Volunteer Bureau, Council Bluffs - For being the
first volunteer bureau in the state of Iowa and celebrating it's
30th year.
SUBCOMMITTEE ASSIGNMENTS
Senate File 468
Judiciary: Lamberti, Chair; Hurley and Kreiman.
Senate File 477
Appropriations: Ertl, Chair; Gipp and Kreiman.
RESOLUTION FILED
SCR 10, by Banks and Hansen, a concurrent resolution relating to
border city trucking agreements.
Referred to committee on transportation.

AMENDMENTS FILED
H-4054	H.F.	567	Cormack of Webster
			Mundie of Webster
H-4055	S.F.	358	Senate amendment
H-4056	H.F.	203	Senate amendment
H-4057	H.F.	528	Senate amendment
H-4058	H.F.	94	Senate amendment
H-4059	H.F.	482	Senate amendment
H-4060	H.F.	567	Weigel of Chickasaw
			Shoultz of Black Hawk
			Vande Hoef of Osceola
H-4061	H.F.	567	Shoultz of Black Hawk
H-4062	H.F.	567	Fallon of Polk
H-4063	S.F.	266	Kreiman of Davis
H-4064	H.F.	508	Gipp of Winneshiek
			Witt of Black Hawk
H-4065	S.F.	481	Fallon of Polk
H-4066	S.F.	266	Kreiman of Davis
H-4067	H.F.	570	Grubbs of Scott
			Ollie of Clinton
H-4068	H.F.	393	Senate Amendment
H-4069	H.F.	507	Senate Amendment
H-4070	H.F.	567	Vande Hoef of Osceola
H-4072	S.F.	150	Senate amendment
H-4073	H.F.	482	Brunkhorst of Bremer
H-4074	H.F.	215	Harrison of Scott
On motion by Siegrist of Pottawattamie, the House adjourned at
2:42 p.m. until 8:45 a.m., Wednesday, April 26, 1995.
JOINT SESSION
Pursuant to Senate Concurrent Resolution 28, duly adopted, the
Joint Session of the Seventy-sixth General Assembly convened.
President Boswell presiding.
State Treasurer Michael Fitzgerald and his wife Janet were
escorted into the Senate chamber.
Auditor of State, Richard Johnson and his wife Marj were
escorted into the Senate chamber.
Secretary of State Paul Pate was escorted into the Senate
chamber.
Chief Justice Arthur A. McGiverin and the Justices of the
Supreme Court, and Judges of the Appellant Court were escorted
into the Senate chamber.
The Honorable Neal Smith and his wife Bea were escorted into the
Senate chamber.
Secretary of Agriculture and Land Stewardship Dale Cochran and
his wife Jeanine were escorted into the Senate chamber.
Attorney General Tom Miller and his son Matt were escorted into
the Senate chamber.
House Speaker Ron Corbett and President of the Senate Leonard
Boswell were escorted into the chamber.
Governor Terry E. Branstad was escorted into the chamber.
Senator Horn of Linn moved that the roll call be dispensed with
and that the President of the joint session be authorized to
declare a quorum present.
The motion prevailed.
President Boswell announced a quorum present and the joint
session duly organized.
Senator Horn of Linn moved that a committee of six, three
members from the Senate and three members from the House be
appointed to notify the President of the United States that the
joint session is ready to receive him.
The motion prevailed and the President appointed as such
committee Senators Horn of Linn, Bisignano of Polk, and Rife of
Cedar, on the part of the Senate; and Representatives Siegrist
of Pottawattamie, Van Maanen of Marion and Schrader of Marion,
on the part of the House.
The committee waited upon President Bill Clinton and escorted
him to the President's station.
President Boswell presented the President of the United States,
Bill Clinton, who delivered the following remarks:
Thank you very much, Mr. President, Mr. Speaker, Governor
Branstad, Mr. Chief Justice, and members of the Supreme Court,
distinguished Iowa state officials.  And former Congressman Neil
Smith, my good friend, and Mrs. Smith, thank you for being here.
 To all of you who are members of the Iowa legislature, House
and Senate, Republican and Democrat, it  is a great honor for me
to be here today.
I feel that I'm back home again.  When I met the legislative
leadership on the way in and we shared a few words and then they
left to come in here, and I was standing around with my crowd, I
said, you know, I really miss state government.  I'll say more
about why in a moment. 
I'd like to, if I might, recognize one of your members to thank
him for agreeing to join my team - Representative Running will
now be the Secretary of Labor's representative. Would you stand
up, please. Thank you. 
Representative Running is going to be the representative of the
Secretary of Labor for region 7 - Iowa, Nebraska, Missouri and
Kansas.  And if you will finish your business here pretty soon,
he can actually go to Kansas City and get to work - which I
would appreciate.
I'm delighted to be back in Iowa.  I had a wonderful day here,
and it was good to be here when it was dry - although a little
rain doesn't do any harm.
We had a wonderful meeting today at Iowa State University with
which I'm sure all of you are familiar, this National Rural
Conference we had, designed to lay the groundwork for a strategy
for rural America to include not only the farm bill, but also a
rural development strategy and a strategy generally to deal with
the problems of rural America-with the income disparities with
the rest of America, the age disparities with the rest of
America, and the problems of getting services and maintaining
the quality of life in rural America.
I want to thank Governor Branstad for his outstanding
presentation and the information he gave us about the efforts
being made in Iowa in developing your fiber optic network and
developing the health care reform initiatives for rural Iowans
and many offer areas.  I want to thank Senator Harkin for his
presentation, particularly involving the development of
alternative agricultural products as a way to boost income in
rural America.   And I want to say a special word of thanks to
the people at Iowa State.  They did a magnificent job there, and
I know you are all very proud of that institution, and you would
have been very, very proud of them today, the way they performed.
I'm also just glad to be back here in the setting of state
government.  You know, Governor Branstad and I were once the
youngest governors in America, but time took care of it. And now
that he's been reelected, he will actually serve more years than
I did.  I ran for a fifth term as governor.  We used to have
two-year terms, and then we switched to four-year terms. And
only one person in the history of our state had ever served more
than eight years, and only one person had ever served more than
- two people had served more than two terms, but those were
two-year terms - in the whole history of the state. So I was - I
had served 10 years. I'd served three two-year terms and one
four-year term, and I was attempting to be reelected. And I had
a high job approval rating, but people were reluctant to vote for
 me, because in my state people are very suspicious of too much
political power, you know. And I thought I was still pretty
young and healthy, but half of them wanted to give me a gold
watch, you know, and send me home.
And I never will forget one day when I was running for my fifth
term, I was out at the State Fair doing governor's day at the
State Fair, which I always did, and I would just sit there and
anybody that wanted to talk to me could up and say whatever was
on their mind, which was, for me, a hazardous undertaking from
time to time - since they invariably would do exactly that. And
I stayed there all day long, and I talked about everything under
the moon and sun with the people who came up and, along about
the end of the day, this elderly fellow in overalls came up to
me and he said, Bill, you going to run for governor, again? And
I hadn't announced yet. I said, I don't know. If I do, will you
vote for me? He said, yes, I always have. I guess I will again.
And I said, well, aren't you sick of me after all these years?
He said, no, but everybody else I know is.
But he went onto say - and that's the point I want to make about
state government - he said, people get tired of it because all
you do is nag us. You nag us to modernize the economy, you nag
us to improve the schools, you just nag, nag, nag. But he said,
I think it's beginning to work. And what I have seen in state
after state after state over the last 15 years, as we have gone
through these wrenching economic and social changes in America
and as we face challenge after challenge after challenge, is
people consistently able to come together to overcome their
differences, to focus on what it will take to build a state and
to move forward. And we need more of that in America.
In Iowa, you do embody our best values. People are independent,
but committed to one another. They work hard and play by the
rules, but they work together. Those of us who come from small
towns understand that everybody counts. We don't have a person
to waste. And the fact that Iowa has done such a good job in
developing all of your people is one of the reasons that you are
so strong in every single national indicator of success that I
know of. And you should be very, very proud of what, together,
you have done.
I saw some of that American spirit in a very painful way in
Oklahoma City this week, and all of you saw it as well. I know
you share the grief of the people there. But you must also share
the pride of all Americans in seeing the enormity of the effort
which is being exerted there, by firemen and police officers,
and nurses, by rescue workers, by people who have come from all
over America and given up their lives to try to help Oklahoma
City and the people there who have suffered so much loss,
rebuild.
I want to say again what I have tried to say for the last three
days to the American people. On this National Day of Service,
there is a service we can do to ensure that we build on, and
learn from, this experience.
We must always fight for the freedom of speech. The First
Amendment, with its freedom of speech, freedom of assembly and
freedom of worship, is the essence of what it means to be an
American. And I dare say every elected official in this room
would give his or her life to preserve that right for our
children and our grandchildren down to the end of time.
But we have to remember that that freedom has endured in our
nation for over 200 years because we practiced it with such
responsibility; because we had discipline; because we understood
from the Founding Fathers forward that you could not have very,
very wide latitude in personal freedom until you also had, or
unless you also had, great discipline in the exercise of that
freedom.
So while I would defend to the death anyone's right to the
broadest freedom of speech, I think we should all remember that
words have consequences. And freedom should be exercised with
responsibility. And when we think that others are exercising
their freedom in an irresponsible way, it is our job to stand up
and say that is wrong. We disagree. This is not a matter of
partisan politics. It is not a matter of political philosophy.
If we see the freedom of expression and speech abused in this
country, whether it comes from the right or the left, from the
media or from people just speaking on their own, we should stand
up and say no, we don't believe in preaching violence; we don't
believe in preaching hatred; we don't believe in preaching
discord. Words have consequences.
If words did not have consequences, we wouldn't be here today.
We're here today because Patrick Henry's words had consequences,
because Thomas Jefferson's words had consequences, because
Abraham Lincoln's words had consequences. And these words we
hear today have consequences - the good ones and the bad ones,
the ones that bring us together, and the ones that drive a wedge
through our heart.
We never know in this society today who is out there dealing
with all kinds of inner turmoil, vulnerable to being pushed over
the edge if all they hear is a relentless clamor of hatred and
division. So let us preserve free speech, but let those of us
who want to fight to preserve free speech forever in America
say, we must be responsible and we will be.
My fellow Americans, I come here tonight, as I went recently to
the state legislature in Florida, to discuss the condition of
our country, where we're going in the future, and your role in
that. We know we are in a new and different world - the end of
the Cold War, a new and less organized world we're living in,
but one still not free of threats. We know we have come to the
end of an industrial age and we're in an information age, which
is less bureaucratic, more open, more dependent on technology,
more full of opportunity but still full of its own problems,
than the age that most of us were raised in.
We know that we no longer need the same sort of bureaucratic,
top-down, service-delivering, rule-making, centralized
government in Washington that served us so well during the
industrial age, because times have changed. We know that with
all the problems we have and all the opportunities we have, we
have to think anew about what the responsibilities of our
government in Washington should be, what your responsibility
should be here at the state level, and through you to the local
level, and what should be done more by private citizens on their
own with no involvement from the government.
We know now what the central challenge of this time is, and you
can see it in Iowa. You could see it today with the testimony we
heard at the Rural Conference. We are at a 25-year low in the
combined rates of unemployment and inflation. Our economy has
produced over 6 million new jobs. But paradoxically, even in
Iowa where the unemployment rate has dropped under 3.5 percent,
most Americans are working harder today for the same or lower
incomes that they were making 10 years ago. And many Americans
feel less job security even as the recovery continues.
That is largely a function of the global economic competition,
the fact that technology raises productivity at an almost
unbelievable rate so fewer and fewer people can do more and more
work, and that depresses wages. The fact that unless we raise it
in Washington next year the minimum wage will reach a 40-year
low.
There are a lot of these things that are related one to the
other. But it is perfectly clear that the economics are changing
the face of American society. You can see it in the difference
in income in rural America and urban America. You can see it in
the difference - the aging process in rural America as compared
with urban America. And if we want to preserve the American
Dream, we have go to find a way to solve this riddle.
I was born in the year after World War II at the dawn of the
greatest explosion of opportunity in American history and in
world history. For 30 years after that, the American people,
without regard to their income or region, grew and grew
together. That is, each income group over the next 30 years
roughly doubled their income, except the poorest 20 percent of
us that had an almost 2.5 times increase in their income. So we
were growing and growing together.
For about the last 15 or 20 years, half of us have been stuck so
that our country is growing, but we are growing apart even
within the middle class. When you put that beside the fact that
we have more and more poor people who are not elderly - which
was the case when I was little, but now are largely young women
and their little children, often where there was either no
marriage or the marriage is broken up so there is not a stable
home and there is not an adequate level of education to ensure
an income - you have increasing poverty and increasing splits
within the middle class. That is the fundamental cause, I
believe, of a lot of the problems that we face in America and a
lot of the anxiety and frustration we see in this country.
Every rich country faces this problem. But in the United States,
it is a particular problem - both because the inequality is
greater and because it violates the American Dream. I mean, this
is a country where if you work hard and you play by the rules,
you obey the law, you raise your children, you do your best to
do everything you're supposed to do, you ought to have an
opportunity for the free enterprise system to work for you.
And so we face this challenge. I have to tell you that I believe
two things: One, the future is far more hopeful than worrisome.
If you look at the resources of this country, the assets of this
country, and you compare them with any other country in the
world, and you imagine what the world will be like 20 or 30
years from now, you'd have to be strongly bullish on America.
You have to believe in our promise.
Secondly, I am convinced we cannot get there unless we develop a
new way of talking about these issues, a new political
discourse. Unless we move beyond the labeling that so often
characterizes, and in fact mischaracterizes, the debate in
Washington, D.C.
Now we are having this debate in ways that affect you, so you
have to be a part of it, because one of the biggest parts of the
debate is, how are we going to keep the American Dream alive?
How are we going to keep America, the world's strongest force
for freedom and democracy, into the next century, and change the
way the government works?
There is broad consensus that the government in Washington
should be less bureaucratic, less oriented toward rule-making,
smaller, more flexible, that more decisions should be devolved
to the state and local government level, and where possible,
more decisions should be given to private citizens themselves.
There is a broad agreement on that.
The question is, what are the details? What does that mean? What
should we do? What should you do? That's what I want to talk to
you about. There are clearly some national responsibilities,
clearly some that would be better served here at your level.
The main reason I ran for President is, it seemed to me that we
were seeing a national government in bipartisan gridlock, where
we'd had 12 years in which we exploded the deficit, reduced our
investment in people, and undermined our ability to compete and
win in the world. And I wanted very badly to end the kind of
gridlock we'd had and to see some real concrete action taken to
go forward, because of my experience doing what you're doing now.
My basic belief is that the government ought to do more to help
people help themselves, to reward responsibility with more
opportunity, and not to give anybody opportunity without
demanding responsibility. That's basically what I think our job
is.
I think we can be less bureaucratic. We have to enhance security
at home and abroad. But the most important thing we have to do
is to empower people to make the most of their own lives.
Now, we have made a good beginning at that. As I said, we've
been able to get the deficit down. You know here in Iowa,
because you're a farming state, that we've that the biggest
expansion of trade in the last two years we've seen in a
generation. We now have a $20 billion surplus in agricultural
products for the first time ever - this means more to me that
you - but we're selling rice to the Japanese, something that my
farmers never thought that we'd every do. We're selling apples
to Asia. we are doing our best in Washington - some of us are -
to get the ethanol program up and going. This administration is
for it, and I hope you will help us that that.
And we're making modest efforts which ought to be increased to
work with the private sector to develop alternative agricultural
products. Today I saw corn-based windshield wiper fluid, and
something that I think is important, biodegradable,
agriculturally-rooted golf tees. An a lot of other things that I
think will be the hall mark of our future. We have only
scratched the surface of what we can do to produce products from
the land, from our food and fiber, and we must do more.
In education we are beginning to see the outlines of what I hope
will be a genuine bipartisan national partnership in education.
In the last two years we increased head Start, we reduced the
rules and regulations the federal government imposes on local
school systems, but gave them more funds and flexibility to meet
national standards of education. We helped states all over the
country to develop comprehensive systems of apprenticeships for
young people who get out of high school and don't want to go to
college, but don't want to be a dead-end jobs.
We are doing more to try to make out job training programs
relevant. And we have made literally millions of Americans
eligible for lower cost, better repayment college loans under
our direct loan program, including over 350,000 students and
former students in Iowa - including all those who are at Iowa
State University. Now, if you borrow money under that program,
you get it quicker with less paper work at lower cost, and you
can pay it back in one of four different ways based on the
income you're going to earn when you get out of college. Believe
it or not, it lowers costs to the taxpayers.
And we have demanded responsibility. We've taken the loan
default costs to the taxpayers from $2.8 billion a year down to
$1 billion a year. That is the direction we ought to be going in.
We've worked hard to increase our security at home and abroad.
The crime bill, which was passed last year by the Congress after
six years of endless debate,
 provides for 100,000 more police officers on our streets. We
have already - over the next five years - we've already awarded
over 17,000 police officers to over half the police departments
in America, including 158 communities here in Iowa. It
strengthens punishment under federal law.
The three strikes and you're out law in the crime bill is now
the law of the land. The first person to be prosecuted under
this law was a convicted murderer accused of an armed robbery in
Waterloo last November. If he's convicted, he will go to jail
for the rest of his life
The capital punishment provisions of the crime bill will cover
the incident in Oklahoma City - something that is terribly
important, in my view, not only to bring justice in this case,
but to send a clear signal that the United States does not
intend to be dominated and paralyzed by terrorists from at home
or abroad - not now, not ever. We cannot ever tolerate that.
We are also more secure from beyond our borders. For the first
time since the dawn of the nuclear age, there are no Russian
missiles pointed at America's children. And those nuclear
weapons are being destroyed every day.
We have reduced the size of the federal government by more that
100,00. We are taking it down by more than a quarter of a
million. We have eliminated or reduced 300 programs. And I have
asked Congress to eliminate or consolidate 400 more. We have
tried to give more flexibility to states - several states have
gotten broad freedom from federal rules to implement health care
reform. And we have now freed 27 states from cumbersome federal
rules to try to help them end welfare as we know it.
In the almost two years since Iowa received only the second
welfare waiver our administration issued, the number of welfare
recipients in Iowa who hold jobs is almost double from 18 to 33
percent. You are doing it without punishing children for the
mistakes of their parents - and I want to say more on that later
- but you are doing it. And that is clear evidence that we
should give the states the right to pursue welfare reform. They
know how to get the job done better than the federal government
has done in the past. We should give you all more responsibility
for moving people from welfare to work.
Now, here's where you come in, because I want to talk in very
short order, one right after the other, about the decisions we
still have to make in Washington. Do we still have to cut the
federal deficit more? Yes, we do. We've taken it down by $600
billion. The budget, in fact, would be balanced today if it
weren't for the interest we have to pay on the debt run up
between 1981 and 1992.
But it's still a problem and you need to understand why it's a
problem. It's a problem because a lot of people who used to give
us money to finance our government deficit and our trade
deficit, need their money at home now. That's really what's
happening in Japan. they need their money at home now.
We must continue - we must say to the world, to the financial
markets - we will not cut taxes except in the context of
reducing the deficit. America is committed. Both parties are
committed. Americans are committed to getting rid of this
terrible burden on our future. We must continue to do it.
Now, the question is, how are we going to do that? Should we cut
unnecessary spending? Of course, we should. How do you define
it? Should there be more power to state and local governments
and to the private sector? you bet. But what are the details?
In other words, what we've got to do in Washington now is what
you do all the time. We've got to move beyond our rhetoric to
reality. And I think it would be helpful for you because we need
your voice to be heard. And at least my experience in the
Governors Association was, or working in my own legislature was,
that on these issues we could get Republicans and Democrats
together. So let me go thorough what we've done, and what's
still to be done.
First of all, I agree with this new Congress on three issues
that were in the Republican Contract - and two of them are
already law. Number one, Congress should apply to itself all the
laws it puts on the private sector. We should know when we make
laws in Washington what we're doing to other people by
experiencing it ourselves. That was a good thing.
Number two, I signed the unfunded mandates legislation to make
it harder, but not impossible when its important, but much
harder, for congress to put on you and your taxpayers unfunded
mandates from the federal government where we make you pay for
something that we in Washington want to do. I strongly support
that, and I think all of you do, as well.
The third thing we are doing that we have not finished yet,
although both Houses have approved a version of it, is the
line-item veto. Almost every governor has it. I don't want to
embarrass anybody here, but I don't know how many times I had a
legislator say, now, Governor, I'm going to slip thin in this
bill because I've got to do it, and then you can scratch it out
for me. And it was fine. We did it. Now if they  slip it in a
bill, I have to decide what to do or not. I have to decide.
 When the farmers in Iowa desperately needed the restoration of
the tax deduction for health insurance, the 25 percent tax
deduction that self-employed farmers and others get for health
insurance, there was a provision of that bill I didn't like very
much. I had to decide, am I going to give this back to 3.3
million self-employed Americans and their families, to lower to
cost of health care by tax day, or not? But when we have the
line- item veto, It won't be that way. And we need it.
Here are the hard ones. number one, the farm bill. Should we
reduce farm supports? yes, we should, as required by GATT. I
worked hard to get the Europeans to the table in agriculture in
this trade agreement. A lot of you understand that. The deal
was, they would reduce their subsidies more that we would reduce
ours, so we would at least move toward some parity, so that our
farmers would get a fair break for a change. Now some say, let's
just get rid of all these farm support programs.
Well, if we do it now, we give our competitors the advantage we
worked for eight years to take away. We put family farms more at
risk. Now if anybody's got better ideas about what should be in
the Farm Bill, that's fine. If anybody's got a better idea about
how to save the family farmers, let's do it. If anybody has new
ideas about what should be put in for rural development, fine.
But let us do no harm. Let us not labor under the illusion that
having fought so hard to have a competitive agricultural playing
field throughout the world, having achieved a $20 billion
surplus in agriculture, we can turn and walk away from the
farmers of the country in the name of cutting spending. That is
not the way to cut the federal deficit.
I'll give you another example. Some believe that we should flat
fund the school lunch program. And then there's a big argument
in Washington, is it a cut or not. Let me tell you something,
all these block grants are designed not only to give you more
flexibility, but to save the federal government money. Now it
may be a good
 deal, or it may not. you have to decide. But when we wanted to
cut the Agriculture Department budget - we're closing nearly
1,200 offices, we're reducing employment by 13,000, we
eliminated 14 divisions in the Department of Agriculture - my
own view is, that is better than putting an arbitrary cap on the
school lunch program, which will be terribly unfair to the
number - to the numerous school districts in this country that
have increasing burdens from low income children. There are a
lot of kids in this country - a lot of kids - the only decent
meal they get every day is the meal they get at school. This
program works. If it's not broke, we shouldn't fix it. So I
don't agree with that. But you have to decide.  
Welfare reform. I've already said, we have now given more
welfare reform waivers to states to get out from under the
federal government than were given in the last 12 years put
together. In two years, we've given more than 12 years. I am for
you figuring out how you want to run your welfare system and
move people from welfare to work. I am for that.
But here are the questions. Number one, should we have
cumbersome federal rules that say you have to penalize teenage
girls who give birth to children and cut them off? I don't think
so. We should never punish children for the mistakes of their
parents. And these children who become parents prematurely, we
should say, you made a mistake, you shouldn't do that - no child
should do that. But what we're going to do is impose
responsibilities on you for the future, to make you a
responsible parent, a responsible student, a responsible worker.
That's what your program does. Why should the federal government
tell you that you have to punish children, when what you really
want to do is move people from welfare to work so that more
people are good parents and good workers. You should decide
that. We do not need to be giving you lectures about how you
have to punish the kids of this country. We need a welfare bill
that is tough on work and compassionate toward children - not a
welfare bill that is weak on work and tough on children. I feel
that that should be a bipartisan principle that all of us should
be able to embrace.
Now, the second issue in welfare reform is whether we should
give you a block grant. Instead of having the welfare being an
individual entitlement to every poor person on welfare, should
we just give you whatever money we gave you last year or over
the last three years and let you spend it however you want?
These are two issues here that I ask you to think about, not
only from your perspective, but from the perspective of every
other state.
In Florida, the Republicans in the legislature I spoke with were
not for this. And here's why. The whole purpose of the block
grant is twofold. One is, we give you more flexibility. The
second is, we say in return for more flexibility, you ought to
be able to do the job for less money, so we won't increase the
money you're getting over the next five years, which means we'll
get to save money and lower the deficit. If it works for
everybody concerned it's a good deal.
But what are the stakes - there are two problems with a block
grant in this area, and I want you to help me work through it,
because I am for more flexibility for the states. I would give
every state every waiver that I have given to any state. I want
you to decide what to do with this. I want you to be out there
creating innovative ways to break the cycle of welfare
dependency.
But there are two problems with this. Number one, if you have a
state with a very large number of children eligible for public
assistance and they're growing rapidly, it's very hard to devise
any formula that keeps you from getting hurt in the block grants
over a five-year period. And some states have rapidly growing
populations - Florida, Texas, probably California.
Number two, a total block grant relieves the state of any
responsibility to put up the match that is now required for you
to participate in the program. Now, you may say, well, we would
do that anyway. We have a tradition in Iowa of taking care of
our own. But what if you lived in a state with a booming
population growth, with wildly competing demands for dollars?
And what about when the next recession comes? Keep in mind,
we're making all these decisions today in the second year in
which every state economy is growing. That has not happened in a
very long time.
Will that really be fair? How do you know that there won't be
insurmountable pressure in some states just to say, well, we
can't take care of these children anymore; we've got to give the
money to our school teachers; we've got to give the money to our
road program; we've got to give the money to economic
development; we've got environmental problems. So I ask you to
think about those things. We can find a way to let you control
the welfare system and move people from welfare to work., but
there are two  substantive problems  with the block grant
program that I want to see overcome before I sign off on it,
because there is a national responsibility to care for the
children of the country, to make sure a minimum standard of care
is given. 
In the crime bill, there is a proposal to take what we did last
time, which was to divide the money between police, prisons and
prevention, and basically give you a block grant in prevention,
and instead create two separate block grants, one for prisons
and one for police and prevention, in which you would reduce the
amount of money for police and prevention and increase the
amount of money for prisons, but you could only get it if you
decided - a mandate, but a funded one - if you decided to make
all people who committed serious crimes serve 85 percent of
their sentences.
So Washington is telling you how you have to sentence people but
offering you money to build prisons. The practical impact means
that a lot of the money won't be taken care of, and we will
reduce the amount of money we're spending for police and for
prevention programs. I think that's a mistake.
I'm more than happy for you to have block grants for prevention
programs. You know more about what keeps kids out of jail and
off the streets and from committing crime in Des Moines or Cedar
Rapids or Ames or anyplace else than I would ever know. But we
do know that the violent crime rate has tripled in the last 30
years, and the number of police on our streets has only gone up
by 10 percent. And we know there is city, after city, after city
in America where the crime rate has gone down a lot, a lot when
police have been put on the street in community policing roles.
So I say, let's keep the 100,000 police program. It is totally 
nonbureaucratic. Small towns in Iowa can get it by filling out a
one-page, eight-question form. There is no hassle. And we should
do this because we know it works. There is a national interest
in safer streets, and it's all paid for by reducing the federal
bureaucracy. So my view is, keep the 100,000 police, give the
states flexibility on prevention. And I hope you will agree with
that. That, at any rate, is my strong feeling.
Lastly, let me say on education, I simply don't believe that we
should be cutting education to reduce the deficit or pay for tax
cuts. I don't believe that. I just don't believe that.
So my view - my view on this is that the way to save money is to
give every university in the country and every college in the
country the right to do what Iowa State has done - go to the
direct loan program, cut out the middle man, lower the cost of
loans, save the taxpayer money.
I am strongly opposed to charging the students interest on their
student loans while they're in college. That will add 18 to 20
percent to the cost of education for a lot of our young people.
We'll have fewer people going to school. We want more people
going to school. I think that is a mistake.
I believe if we're going to have a tax cut, it should be
targeted to middle class people and to educational needs. I
believe strongly we should do two things more than anything
else. Number one, give more people the advantage of an IRA,
which they can put money into and save and then withdraw to pay
for education or health care costs, purchase of a first-time
home, or care of an elderly parent tax-free. Number two, allow
the deduction of the cost of education after high school to all
American middle-class families. Now, that, I think, will make a
difference.
This is very important for you because, remember we have a
smaller total tax cut, if we target it to the middle class, we
can have deficit reduction without cutting education. We can
have deficit reduction without having severe cuts in Medicare.
Governor Branstad said today, one of our biggest problems is the
unfairness of the distribution of Medicare funds. You are right.
It's not fair to rural America. But there's a lot more coming,
and more than you need to have if we have an excessive tax cut
that is not targeted to education and to the middle class. 
So that, in brief, is the laundry list of the new federalism -
the things you need to decide on. I do not believe these issues
I have spoken with you about have a partisan tinge in Des
Moines. They need not have one in Washington.
But I invite you, go back home - this is being televised tonight
- go back home and talk to the people you represent, and ask
them what they want you to say to your members of Congress about
what we do in Washington; what you do in Des Moines; what we do
in our private lives; what should be spent to reduce the
deficit; what should be spent on a tax cut; what should be in a
block grant; and where should we stand up and say we've got to
protect the children of the country. These are great and
exciting issues.
Believe me, if we make the right decisions - if we make the
right decisions, the 21st century will still be the America
century.
Thank you all, and God Bless you. 
On motion by Horn of Linn, the joint session was adjourned at
8:20 p.m.

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Sun Jan 14 21:05:02 CST 1996
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