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One Hundreth-eighth Calendar Day - Seventy-first Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, April 26, 1995 The House met pursuant to adjournment at 8:45 a.m., Speaker Corbett in the chair. Prayer was offered by Father John Joseph Walsh, St. Thomas Aquinas Church, Webster City. The Journal of April 25, 1995 was approved. INTRODUCTION OF BILL House File 574, 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 other properly related matters, and providing an effective date. Read first time and placed on the appropriations calendar. SPECIAL PRESENTATION Carroll of Poweshiek presented to the House four Public School System Administrators from the Grinnell Sister City of Zheleznovodsk, Stavropol, Russia. The Administrators are studying the Grinnell School system and this fall several Grinnell Administrators will visit schools in Zheleznovodsk to study their progressive and experimental schools. Those visitors were: Ludmilla Skorokhod, Superintendent; Irina Vasilyeva, Vice Superintendent; Valentina Burlutzkaya, School Principal and Zinaida Nastyukova, Teacher of Foreign Languages. SENATE AMENDMENTS CONSIDERED Bradley of Clinton called up for consideration 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, amended by the Senate, and moved that the House concur in the following Senate amendment H-4056: H-4056 1 Amend House File 203, as passed by the House, as 2 follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. Section 35A.2, subsection 2, Code 6 1995, is amended to read as follows: 7 2.FiveSix commissioners shall be honorably 8 discharged members of the armed forces of the United 9 States. The American legion of Iowa, disabled 10 American veterans department of Iowa, veterans of 11 foreign wars department of Iowa, American veterans of 12 World War II, Korea, and Vietnam, the Vietnam veterans 13 of America, and the military order of the purple 14 heart, through their department commanders, shall 15 submit two names respectively from their organizations 16 to the governor. The governor shall appoint from each 17 of the organizations one representative to serve as a 18 member of the commission, unless the appointments 19 would conflict with the bipartisan and gender balance 20 provisions of sections 69.16 and 69.16A. In addition, 21 the governor shall appointtwo membersone member of 22 the public, knowledgeable in the general field of 23 veterans affairs, to serve on the commission." 24 2. Page 1, by inserting after line 2 the 25 following: 26 "Sec. ___. Section 35A.3, Code 1995, is amended by 27 adding the following new subsection: 28 NEW SUBSECTION. 13. Conduct an equal number of 29 meetings at Camp Dodge and the Iowa veterans home. 30 The agenda for each meeting shall include a reasonable 31 time period for public comment." 32 3. Page 1, by inserting after line 4 the 33 following: 34 "Sec. ___. INFORMATION STORAGE -- TRAINING -- 35 REPORTS. 36 The commission of veterans affairs shall do the 37 following: 38 1. Develop and issue for response requests for 39 proposals for storing information and data concerning 40 the military service records of Iowa veterans, and 41 other information the commission deems appropriate, 42 upon microfilm, electronic computer, or data 43 processing equipment, and for proposals for the 44 purchase of the equipment necessary to store the 45 records and information. The commission shall also 46 make every reasonable effort to obtain federal funding 47 for the storing of information and data and the 48 purchase of equipment as provided in this subsection. 49 The commission shall deliver a written report on all 50 proposals submitted in response to the requests for Page 2 1 proposals along with the commission's recommendations 2 to the general assembly not later than January 1, 3 1996. 4 2. Study the costs of training provided to 5 executive directors of county commissions of veteran 6 affairs under subsection 12. The commission shall 7 submit a report of its findings and recommendations to 8 the general assembly by January 1, 1996." 9 4. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-4056. Bradley of Clinton moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 203) The ayes were, 97: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, 2: Brunkhorst O'Brien Absent or not voting, 1: Brammer The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Heaton of Henry called up for consideration House File 393, a bill for an act relating to certain exemptions from federal motor carrier safety regulations, amended by the Senate, and moved that the House concur in the following Senate amendment H-4068: H-4068 1 Amend House File 393, as passed by the House, as 2 follows: 3 1. Page 1, line 15, by inserting after the word 4 "requirements" the following: "under 49 C.F.R. </g> 5 395.1(e)(5)". The motion prevailed and the House concurred in the Senate amendment H-4068. Heaton of Henry moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 393) The ayes were, 98: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 2: Brammer Hammitt The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 203 and 393. HOUSE FILE 534 WITHDRAWN Houser of Pottawattamie asked and received unanimous consent to withdraw House File 534 from further consideration by the House. Tyrrell of Iowa called up for consideration 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, amended by the Senate, and moved that the House concur in the following Senate amendment H-4069: H-4069 1 Amend House File 507, as passed by the House, as 2 follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. Section 19A.3, Code 1995, is amended 6 by adding the following new subsection: 7 NEW SUBSECTION. 23. Up to six nonprofessional 8 employees designated at the discretion of each 9 statewide elected official." 10 3. Page 1, line 4, by inserting after the word 11 and figure "October 15" the following: "appointed 12 during a department's designated six-month seasonal 13 employment period during the same annual twelve-month 14 period, as approved by the director". 15 2. Page 1, by inserting after line 4 the 16 following: 17 "Sec. 2. NEW SECTION. 19A.3A EMPLOYEES OF 18 STATEWIDE ELECTED OFFICIALS. 19 The exempt position classifications of employees of 20 statewide elected officials as of June 30, 1994, shall 21 remain exempt and any employees subsequently hired to 22 fill any exempt position vacancies shall be classified 23 as exempt employees." 24 4. Page 1, line 16, by inserting after the word 25 "applicable." the following: "The director shall 26 notify the chairpersons of the standing committees on 27 appropriations of the senate and the house of 28 representatives and the chairpersons of the 29 appropriate subcommittees of those committees of the 30 proposed projects. The notice from the director shall 31 include the purpose of the project, a description of 32 the project and how the project will be evaluated. 33 Chairpersons notified shall be given at least two 34 weeks to review and comment on the proposal before the 35 project is implemented." 36 5. By renumbering, relettering, or redesignating 37 and correcting internal references as necessary. The motion prevailed and the House concurred in the Senate amendment H-4069. Tyrrell of Iowa moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 507) The ayes were, 98: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 2: Brammer Myers The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Tyrrell of Iowa called up for consideration House File 94, a bill for an act to permit certain dissolutions of marriage to take place without a hearing, amended by the Senate, and moved that the House concur in the following Senate amendment H-4058: H-4058 1 Amend House File 94, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, by inserting after line 24 the 4 following: 5 "(4) There are no children of the marriage for 6 whom support, as defined under section 598.1, may be 7 ordered." 8 2. Page 1, by inserting after line 35 the 9 following: 10 "(3) There are no children of the marriage for 11 whom support, as defined under section 598.1, may be 12 ordered." The motion prevailed and the House concurred in the Senate amendment H-4058. Tyrrell of Iowa moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 94) The ayes were, 90: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Burnett Cataldo Churchill Cohoon Connors Coon Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Running Salton Schrader Schulte Shoultz Siegrist Teig Thomson Tyrrell Van Fossen Vande Hoef Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, 9: Branstad Carroll Cormack Ertl Klemme Renken Sukup Van Maanen Veenstra Absent or not voting, 1: Brammer The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 94 and 507. Harrison of Scott called up for consideration House File 215, a bill for an act to require that all inmates of the institutions under the control of the department of corrections perform hard labor, and providing transition provisions, amended by the Senate amendment H-3428 as follows: H-3428 1 Amend House File 215 as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, line 17, by inserting after the word 4 "labor" the following: "at a location other than 5 within or on the grounds of a correctional 6 institution". 7 2. Page 1, line 17, by striking the word "may" 8 and inserting the following: "shall". 9 3. Page 1, by striking lines 32 and 33 and 10 inserting the following: "physical labor performed by 11 an inmate for at least forty hours". 12 4. By striking page 1, line 35 through page 2, 13 line 1 and inserting the following: "chain gangs, 14 menial labor, any training necessary to perform". 15 5. By striking page 2, line 16 through page 3, 16 line 10. 17 6. Title page, by striking lines 2 and 3 and 18 inserting the following: "control of the department 19 of corrections perform hard labor." 20 7. By renumbering, relettering, or redesignating 21 and correcting internal references as necessary. Harrison of Scott offered amendment H-4074, to the Senate amendment H-3428, filed by him and requested division as follows: H-4074 1 Amend the Senate amendment, H-3428, to House File 2 215, as amended, passed, and reprinted by the House, 3 as follows: H-4074A 4 1. Page 1, line 4, by inserting before the word 5 "at" the following: "on chain gangs". H-4074B 6 2. Page 1, by inserting after line 8 the 7 following: 8 " . Page 1, line 19, by inserting after the 9 word "institutions." the following: "Inmates 10 performing other types of hard labor at locations 11 other than within or on the grounds of a correctional 12 institution may also be required by the department to 13 wear the brightly colored uniforms. Inmates not 14 required to wear brightly colored uniforms while 15 performing hard labor shall be otherwise clearly 16 designated as inmates of correctional institutions."" H-4074C 17 3. Page 1, by striking lines 9 through 11. H-4074D 18 4. Page 1, line 14, by inserting after the word 19 "labor," the following: "substance abuse or sex 20 offender treatment programs,". 21 5. Page 1, by striking lines 15 through 19 and 22 inserting the following: 23 " . Page 2, by striking line 28 and inserting 24 the following: "shall provide for implementation of 25 hard labor work programs during the interval of time 26 between the effective date of this Act and July 1, 27 1997, with full implementation of the requirements". 28 . Page 3, by striking line 6 and inserting the 29 following: "a report to the general assembly on". 30 . Page 3, line 7, by striking the figure 31 "1997" and inserting the following: "1996". 32 . Page 3, line 9, by striking the word "July" 33 and inserting the following: "January"." 34 6. By numbering and renumbering as necessary. Harrison of Scott moved the adoption of amendment H-4074A, to the Senate amendment H-3428. Roll call was requested by Brunkhorst of Bremer and Grubbs of Scott. On the question "Shall amendment H-4074A, to the Senate amendment H-3428, be adopted?" (H.F. 215) The ayes were, 72: Arnold Bell Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Carroll Churchill Coon Cormack Cornelius Daggett Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kreiman Kremer Lamberti Larson Lord Main Martin McCoy Mertz Metcalf Meyer Millage Mundie Murphy Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Mr. Speaker Corbett The nays were, 23: Baker Bernau Burnett Cohoon Doderer Drees Fallon Harper Holveck Jochum Koenigs Larkin Mascher May Moreland Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Witt Absent or not voting, 5: Brammer Cataldo Connors Dinkla Grundberg Amendment H-4074A was adopted. Harrison of Scott moved the adoption of amendment H-4074B, to the Senate amendment H-3428. A non-record roll call was requested. The ayes were 37, nays 9. Amendment H-4074B was adopted. On motion by Harrison of Scott, amendment H-4074C, to the Senate amendment H-3428, was adopted. On motion by Harrison of Scott, amendment H-4074D, to the Senate amendment H-3428, was adopted. Speaker pro tempore Van Maanen of Marion in the chair at 10:52 a.m. On motion by Harrison of Scott, the House concurred in the Senate amendment H-3428, as amended. Harrison of Scott 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. 215) The ayes were, 94: Arnold Baker Bell Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Drake Drees Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, 5: Bernau Doderer Fallon Holveck Ollie Absent or not voting, 1: Brammer The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 110 WITHDRAWN Harper of Black Hawk asked and received unanimous consent to withdraw House File 110 from further consideration by the House. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 215 be immediately messaged to the Senate. CONSIDERATION OF BILLS Appropriations Calendar House File 570, a bill for an act relating to funding for and the name of the national center for talented and gifted education and making an appropriation, was taken up for consideration. Grubbs of Scott offered the following amendment H-4067 filed by him and Ollie and moved its adoption: H-4067 1 Amend House File 570 as follows: 2 1. Page 1, by striking lines 16 through 20 and 3 inserting the following: "of the foundation. The 4 cumulative total value of contributions received 5 includes the value of the amount deposited in the 6nationalinternational center endowment fund 7 established in section 263.8A in excess of eight 8 hundred seventy-five thousand dollars and not 9 exceeding two million dollars for the fiscal years 10 beginning July 1, 1995, and July 1, 1996. For the 11 fiscal year beginning July 1, 1997, the cumulative 12 total value of contributions received includes the 13 value of the amount deposited in the international 14 center endowment fund in excess of eight hundred 15 seventy thousand dollars and not exceeding one million 16 four hundred thirty-seven thousand five hundred 17 dollars. For the fiscal year beginning July 1, 1998, 18 and thereafter, the cumulative total value of 19 contributions received includes only the value of 20 contributions received under section 257A.7 for 21 deposit in the fund and for the use of the foundation. 22 The value of in-kind contributions shall be". Amendment H-4067 was adopted. Grubbs of Scott offered the following amendment H-4045 filed by him and moved its adoption: H-4045 1 Amend House File 570 as follows: 2 1. Page 3, line 34, by striking the words 3 "department of education" and inserting the following: 4 "state board of regents". 5 2. Page 4, line 3, by inserting after the word 6 "For" the following: "allocation to the state 7 university of Iowa for". Amendment H-4045 was adopted. Grubbs of Scott moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 570) The ayes were, 98: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 2: Brammer Schrader 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 570 be immediately messaged to the Senate. SENATE AMENDMENT CONSIDERED Lamberti of Polk called up for consideration 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 fess, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-4055 to the House amendment: H-4055 1 Amend the House amendment, S-3489, to Senate File 2 358, as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. Page 1, by striking lines 3 through 9. 5 2. Page 1, by striking lines 24 through 27. 6 3. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-4055, to the House amendment. Lamberti of Polk moved that the bill, as amended by the House, further amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 358) The ayes were, 96: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Renken Running Salton Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 4: Brammer Corbett, Spkr. Rants Schrader The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 358 be immediately messaged to the Senate. INTRODUCTION OF BILL House File 575, by committee on appropriations, a bill for an act establishing the Iowa hope loan program, creating an Iowa hope loan fund, and providing for other properly related matters. Read first time and placed on the appropriations calendar. On motion by Siegrist of Pottawattamie, the House was recessed at 12:01 p.m., until 1:30 p.m. AFTERNOON SESSION The House reconvened at 1:45 p.m., Siegrist of Pottawattamie in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed fifty-nine members present, forty-one absent. Speaker pro tempore Van Maanen of Marion in the chair at 1:48 p.m. CONSIDERATION OF BILLS Unfinished Business Calendar The House resumed consideration of Senate File 179, a bill for an act relating to the maximum property tax levy for certain county hospitals, previously deferred and placed on the unfinished business calendar. Jacobs of Polk offered the following amendment H-4077 filed by Jacobs, Connors, Metcalf, McCoy, Grundberg, Fallon, Lamberti, Cataldo, Disney, Baker, Churchill and Holveck from the floor and moved its adoption: H-4077 1 Amend Senate File 179, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by striking lines 1 through 19. 4 2. Page 1, line 34, by striking the words 5 "eighty-nine" and inserting the following: "seventy- 6 five". 7 3. By renumbering as necessary. Amendment H-4077 was adopted. Jacobs of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 179) The ayes were, 90: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Gipp Greig Gries Grundberg 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 Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, 2: Garman Millage Absent or not voting, 8: Brammer Cornelius Ertl Greiner Grubbs Hahn 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 Senate File 179 be immediately messaged to the Senate. The House resumed consideration of Senate File 366, a bill for an act relating to the exhibition of humans, previously deferred and placed on the unfinished business calendar. Boddicker of Cedar moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 366) The ayes were, 98: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 2: Brammer Ertl The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Boddicker of Cedar asked and received unanimous consent that Senate File 366 be immediately messaged to the Senate. LEAVE OF ABSENCE Leave of absence was granted as follows: Ertl of Dubuque, for the remainder of the day, on request of Kremer of Buchanan. SENATE AMENDMENT CONSIDERED Cormack of Webster called up for consideration House File 482, a bill for an act relating to the funding for the Iowa communications network and providing an appropriation, amended by the Senate amendment H-4059 as follows: H-4059 1 Amend House File 482, as amended, passed, and 2 reprinted by the House, as follows: 3 1. By striking page 1, line 16, through page 3, 4 line 19, and inserting the following: 5 "Sec. ___. Section 8D.13, Code 1995, is amended by 6 adding the following new subsection:" 7 2. Page 4, line 1, by inserting after the word 8 "purposes," the following: "for the subsidization of 9 video rates for authorized users as determined by the 10 commission and consistent with chapter 8D,". 11 3. Page 4, by striking lines 6 through 11. 12 4. Page 4, by striking lines 16 and 17 and 13 inserting the following: 14 "3. STUDY RELATING TO SALE OR CONVERSION OF 15 NETWORK." 16 5. Page 5, by inserting after line 20 the 17 following: 18 "Upon the appropriation of the funds in this 19 section to the Iowa communications network fund, the 20 Iowa telecommunications and technology commission 21 shall immediately transfer $12,783,000 of the 22 appropriated amount to a separate fund established in 23 the office of the treasurer of state, to be used 24 solely for debt service for the Iowa communications 25 network. The commission shall certify to the 26 treasurer of state when a debt service payment is due, 27 and upon receipt of the certification the treasurer 28 shall make the payment. The commission shall pay any 29 additional amount due from funds deposited in the Iowa 30 communications network fund." 31 6. By renumbering, relettering, or redesignating 32 and correcting internal references as necessary. Brunkhorst of Bremer asked and received unanimous consent to withdraw amendment H-4073, to the Senate amendment H-4059, filed by him on April 25, 1995. On motion by Cormack of Webster, the House concurred in the Senate amendment H-4059. Cormack of Webster moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 482) The ayes were, 92: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Eddie Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kremer Lamberti Larkin Larson Lord Main Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, 6: Drees Fallon Kreiman McCoy O'Brien Tyrrell Absent or not voting, 2: Brammer Ertl The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Gipp of Pottawattamie asked and received unanimous consent that House File 482 be immediately messaged to the Senate. HOUSE REFUSED TO CONCUR Salton of Palo Alto called up for consideration 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, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-4072 to the House amendment: H-4072 1 Amend the amendment, S-3543, to Senate File 150, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by striking lines 8 through 11 and 5 inserting the following: 6 "NEW PARAGRAPH. g. The". 7 2. Page 1, lines 17 and 18, by striking the words 8 "upon completion of the agreement requirements". 9 3. Page 5, by striking lines 30 through 32 and 10 inserting the following: "but not limited to 11 permanency planning and placement review meetings, 12 which shall include discussion of the child's 13 rehabilitative treatment needs." 14 4. Page 5, by striking lines 46 through 49 and 15 inserting the following: 16 "NEW PARAGRAPH. j. The actions". 17 5. Page 6, lines 4 and 5, by striking the words 18 "upon completion of the agreement requirements". 19 6. Page 8, line 30, by inserting after the word 20 "parents." the following: "The court may, in deciding 21 whether to order the parties to participate in 22 mediation, consider whether ordering mediation may 23 place a party at risk of domestic abuse if there is a 24 credible history of domestic abuse between the 25 parties." 26 7. Page 8, by striking line 31. 27 8. By renumbering, relettering, or redesignating 28 and correcting internal references as necessary. The motion lost and the House refused to concur in the Senate amendment H-4072, to the House amendment. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that Senate File 150 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 26, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 558, a bill for an act relating to the recapture tax on property maintained as a fruit-tree or forest reservation for which a property tax exemption was granted and providing effective and applicability date provisions. Also: That the Senate has on April 26, 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 208, a bill for an act relating to child abuse and termination of parental rights provisions, and providing an effective date. JOHN F. DWYER, Secretary SENATE AMENDMENT CONSIDERED Lamberti of Polk called up for consideration 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, amended by the Senate amendment H-4057 as follows: H-4057 1 Amend House File 528, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, lines 8 and 9, by striking the words 4 "including the name of a juvenile involved,". 5 2. Page 1, lines 33 and 34, by striking the words 6 "including the name of a juvenile involved,". 7 3. Page 2, by striking lines 31 and 32 and 8 inserting the following: "those facilities or 9 institutions. Human immunodeficiency". 10 4. By striking page 3, line 24, through page 4, 11 line 13. 12 5. Page 5, line 21, by striking the word "shall" 13 and inserting the following: "may". 14 6. Page 6, line 10, by striking the word "shall" 15 and inserting the following: "shallmay". 16 7. By striking page 6, line 20, through page 7, 17 line 1. 18 8. Page 7, by striking lines 17 through 23 and 19 inserting the following: "prosecuted as otherwise 20 provided by law. The district court shall have all 21 the dispositional powers of the juvenile court under 22 this chapter, notwithstanding section 124.401B and 23 chapters 902 and 903, regarding a child convicted of a 24 violation excluded from the jurisdiction of the 25 juvenile court under this paragraph. Alternatively, 26 the child may be sentenced, as an adult, pursuant to 27 section 124.401B or chapter 902 or 903." 28 9. Page 7, by striking lines 24 through 27. 29 10. Page 8, line 8, by striking the words "may30 shall" and inserting the following: "may". 31 11. Page 8, line 10, by striking the words 32 "However, wherever possible the" and inserting the 33 following: "However, wherever possible theThe". 34 12. Page 8, by striking lines 15 through 23. 35 13. By striking page 9, line 27, through page 10, 36 line 9. 37 14. Page 11, line 2, by inserting after the word 38 "act" the following: ", which would be an aggravated 39 misdemeanor or felony if committed by an adult,". 40 15. Page 11, by inserting after line 18 the 41 following: 42 "Sec. ___. NEW SECTION. 280.17B STUDENTS 43 SUSPENDED OR EXPELLED FOR POSSESSION OF DANGEROUS 44 WEAPONS. 45 The board of directors of a public school and the 46 authorities in control of a nonpublic school shall 47 prescribe procedures for continued school involvement 48 with a student who is suspended or expelled for 49 possession of a dangerous weapon, as defined in 50 section 702.7, on school premises in violation of Page 2 1 school policy or state law and for the reintegration 2 of the student into the school following the 3 suspension or expulsion. 4 Sec. ___. NEW SECTION. 280.21B EXPULSION -- 5 WEAPONS IN SCHOOL. 6 The board of directors of a school district and the 7 authorities in charge of a nonpublic school which 8 receives services supported by federal funds shall 9 expel from school for a period of not less than one 10 year a student who is determined to have brought a 11 weapon to a school under the jurisdiction of the board 12 or the authorities. However, the superintendent or 13 chief administering officer of a school or school 14 district may modify expulsion requirements on a case- 15 by-case basis. This section shall not be construed to 16 prevent the board of directors of a school district or 17 the authorities in charge of a nonpublic school that 18 have expelled a student from the student's regular 19 school setting from providing educational services to 20 the student in an alternative setting. If both this 21 section and section 282.4 apply, this section takes 22 precedence over section 282.4. For purposes of this 23 section, "weapon" means a firearm as defined in 18 24 U.S.C. </g> 921. This section shall be construed in a 25 manner consistent with the federal Individuals with 26 Disabilities Education Act, 20 U.S.C. </g> 1400 et seq." 27 16. Page 19, line 18, by striking the word 28 "twenty-three" and inserting the following: "twenty- 29 one". 30 17. Page 19, line 20, by striking the word 31 "twenty-three" and inserting the following: "twenty- 32 one". 33 18. Page 19, by striking lines 25 and 26 and 34 inserting the following: "and also includes the 35 source documents of the information included in the 36 criminal history dataand fingerprint records." 37 19. Page 22, line 31, by striking the word 38 "designee," and inserting the following: "designee; 39 the attorney general or the attorney general's 40 designee;". 41 20. Page 23, line 8, by inserting after the word 42 "issues;" the following: "two members of the senate, 43 one each appointed by the majority and minority 44 leaders and two members of the house of 45 representatives, appointed by the speaker of the house 46 of representatives after consultation with the 47 majority and minority leaders;". 48 21. Title page, line 5, by striking the 49 words "identifying information regarding juveniles 50 involved in" and inserting the following: Page 3 1 "information regarding". 2 22. Title page, lines 7 and 8, by striking the 3 words "placing a juvenile in detention as a 4 dispositional alternative," and inserting the 5 following: "providing for the expulsion of a student 6 for bringing a weapon to school,". 7 23. Title page, lines 16 through 18, by striking 8 the words "authorizing the transmission of 9 communicable disease information by radio in certain 10 circumstances, and enhancing or" and inserting the 11 following: "and". 12 24. By renumbering as necessary. Lamberti of Polk offered the following amendment H-4083, to the Senate amendment H-4057 filed by him and Grubbs from the floor and moved its adoption: H-4083 1 Amend the Senate amendment, H-4057, to House File 2 528, as amended, passed, and reprinted by the House, 3 as follows: 4 1. By striking page 1, line 3, through page 3, 5 line 11, and inserting the following: 6 " . Page 11, by inserting after line 10 the 7 following: 8 "Sec. ___. NEW SECTION. 279.58 SCHOOL DRESS CODE 9 POLICIES. 10 1. The general assembly finds and declares that 11 the students and the administrative and instructional 12 staffs of Iowa's public schools have the right to be 13 safe and secure at school. Gang-related apparel worn 14 at school draws attention away from the school's 15 learning environment and directs it toward thoughts or 16 expressions of violence, bigotry, hate, and abuse. 17 2. The board of directors of a school district may 18 adopt, for the district or for an individual school 19 within the district, a dress code policy that requires 20 students to wear specific attire or prohibits students 21 from wearing gang-related or other specific apparel if 22 the board determines that the policy is necessary for 23 the health and safety of students and staff in the 24 school environment or for the appropriate discipline 25 and operation of the school. Adoption and enforcement 26 of a dress code policy is not a violation of section 27 280.22. 28 3. If the district adopts a policy for the entire 29 school district, the specific attire selected shall be 30 determined by a committee composed of representatives 31 from the district's administrative staff, 32 instructional staff, and parents and legal guardians 33 of students enrolled in the district. If the district 34 adopts a policy for an individual school, the specific 35 attire shall be selected by a committee composed of 36 the individual school's administration, 37 representatives from the school's instructional staff, 38 and parents and legal guardians of students enrolled 39 in the school. A dress code policy that requires 40 students to wear specific attire shall not be 41 implemented with less than six months' notice to 42 parents and legal guardians. A school implementing a 43 dress code policy requiring specific attire shall make 44 resources available to assist economically 45 disadvantaged students in securing the specific 46 attire. 47 4. The board shall provide a method by which 48 parents and legal guardians may choose not to have 49 their children comply with an adopted dress code 50 policy that requires specific attire. If a board Page 2 1 chooses to adopt a policy pursuant to this section, 2 the policy shall include a provision that a student 3 shall not be penalized academically or otherwise 4 discriminated against or denied attendance to school 5 if the student's parent or legal guardian chooses not 6 to have the student comply with a school dress code 7 policy that would require the student to wear specific 8 attire. A policy adopted pursuant to this section 9 shall not preclude students that participate in a 10 nationally recognized youth organization, exempt from 11 federal income taxation under section 501(c)(3) of the 12 Internal Revenue Code, from wearing organization 13 uniforms on days that the organization has a scheduled 14 meeting." 15 . Page 11, by inserting after line 18 the 16 following: 17 "Sec. 999. NEW SECTION. 280.21B EXPULSION -- 18 WEAPONS IN SCHOOL. 19 The board of directors of a school district and the 20 authorities in charge of a nonpublic school which 21 receives services supported by federal funds shall 22 expel from school for a period of not less than one 23 year a student who is determined to have brought a 24 weapon to a school under the jurisdiction of the board 25 or the authorities. However, the superintendent or 26 chief administering officer of a school or school 27 district may modify expulsion requirements on a case- 28 by-case basis. This section shall not be construed to 29 prevent the board of directors of a school district or 30 the authorities in charge of a nonpublic school that 31 have expelled a student from the student's regular 32 school setting from providing educational services to 33 the student in an alternative setting. If both this 34 section and section 282.4 apply, this section takes 35 precedence over section 282.4. For purposes of this 36 section, "weapon" means a firearm as defined in 18 37 U.S.C. </g> 921. This section shall be construed in a 38 manner consistent with the federal Individuals with 39 Disabilities Education Act, 20 U.S.C. </g> 1400 et seq." 40 . Page 20, by inserting after line 16 the 41 following: 42 "Sec. ___. Section 708.1, Code 1995, is amended by 43 adding the following new unnumbered paragraph: 44 NEW UNNUMBERED PARAGRAPH. Provided, that where the 45 person doing any of the above enumerated acts is 46 employed by a school district or accredited nonpublic 47 school, or is an area education agency staff member 48 who provides services to a school or school district, 49 and intervenes in a fight or physical struggle, or 50 other disruptive situation, that takes place in the Page 3 1 presence of the employee or staff member performing 2 employment duties in a school building, on school 3 grounds, or at an official school function regardless 4 of the location, the act shall not be an assault, 5 whether the fight or physical struggle or other 6 disruptive situation is between students or other 7 individuals if the degree and the force of the 8 intervention is reasonably necessary to restore order 9 and to protect the safety of those assembled." 10 . Page 22, by inserting after line 10 the 11 following: 12 "Sec. ___. Section 808A.1, subsection 1, paragraph 13 d, Code 1995, is amended to read as follows: 14 d. A school locker, desk, or other facility or 15 space issued or assigned to, or chosen by, the student 16 for the storage of personal belongings of any kind, 17 which the student locks or is permitted to lock. 18 School officials may conduct periodic inspections of 19 all school lockers or a randomly selected number of 20 school lockers.However, the school district shall21provide notice to the students, at least twenty-four22hours prior to the inspection, of the date and time of23the inspection." 24 . Page 23, by inserting after line 30 the 25 following: 26 "Sec. ___. EFFECTIVE DATE. Section 999 of this 27 Act, being deemed of immediate importance, takes 28 effect upon enactment." 29 . Title page, line 18, by inserting after the 30 word "circumstances," the following: "authorizing 31 school districts to adopt a dress code policy, 32 providing for the expulsion of a student for bringing 33 a weapon to school, creating an exemption in the 34 definition of assault, eliminating the twenty-four 35 hour notice to students of a periodic inspection of 36 students' lockers,". 37 . Title page, line 19, by inserting after the 38 word "penalties" the following: "and providing an 39 effective date"." Amendment H-4083 was adopted. On motion by Lamberti of Polk, the House concurred in the Senate amendment H-4057, as amended. Lamberti of Polk 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. 528) The ayes were, 92: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Murphy Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, 2: Fallon Holveck Absent or not voting, 6: Brammer Corbett, Spkr. Ertl Moreland Mundie Myers The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 528 be immediately messaged to the Senate. The House stood at ease at 2:58 p.m., until the fall of the gavel. The House resumed session at 4:30 p.m., Speaker pro tempore Van Maanen of Marion in the chair. INTRODUCTION OF BILL House File 576, by committee on ways and means, a bill for an act relating to the assessment of certain long distance telephone companies for purposes of property taxation. Read first time and placed on the ways and means calendar. COMMITTEE RECOMMENDATION MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendation has been received and is on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON APPROPRIATIONS Senate File 481, a bill for an act relating to and making appropriations to the state department of transportation including allocation and use of moneys from the general fund, road use tax fund, and primary road fund, and making appropriations to various state agencies for capital projects, to the primary road fund, to county fairs and to the Iowa state fair from the rebuild Iowa infrastructure account and the general fund, relating to the living roadway trust fund and the state roadside specialist, the primary road and state highway system, and other transportation-related statutory changes, requiring transportation-related studies, making technical changes, and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-4081 April 26, 1995. RULES SUSPENDED Gipp of Winneshiek asked and received unanimous consent to suspend the rules for the immediate consideration of Senate File 481. Appropriations Calendar Senate File 481, a bill for an act relating to and making appropriations to the state department of transportation including allocation and use of moneys from the general fund, road use tax fund, and primary road fund, and making appropriations to various state agencies for capital projects, to the primary road fund, to county fairs and to the Iowa state fair from the rebuild Iowa infrastructure account and the general fund, relating to the living roadway trust fund and the state roadside specialist, the primary road and state highway system, and other transportation-related statutory changes, requiring transportation-related studies, making technical changes, and providing an effective date, was taken up for consideration. Brauns of Muscatine asked and received unanimous consent to withdraw the committee amendment H-3985, filed by the committee on appropriations on April 19, 1995, placing out of order the following amendments, to the committee amendment H-3985: H-3997 filed by Blodgett of Cerro Gordo and May on April 20, 1995. H-4035 filed by Brauns of Muscatine on April 24, 1995. H-4036 filed by Brauns of Muscatine on April 24, 1995. H-4037 filed by Brauns of Muscatine on April 24, 1995. H-4047 filed by Koenigs of Mitchell and Ollie on April 24, 1995. H-4053 filed by Cohoon of Des Moines, Ollie and Warnstadt on April 24, 1995. H-4065 filed by Fallon of Polk on April 25, 1995. H-4075 filed by Mundie of Webster from the floor. H-4076 filed by Mundie of Webster from the floor. The House stood at ease at 4:34 p.m., until the fall of the gavel. The House resumed session at 6:28 p.m., Speaker Corbett in the chair. LEAVE OF ABSENCE Leave of absence was granted as follows: Holveck of Polk, until his return, on request of Schrader of Marion. Brauns of Muscatine offered amendment H-4081 filed by the committee on appropriations, from the floor, as follows: H-4081 1 Amend Senate File 481, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. By striking everything after the enacting 4 clause and inserting the following: 5 "DIVISION I 6 STATE DEPARTMENT OF TRANSPORTATION 7 Section 1. There is appropriated from the general 8 fund of the state to the state department of 9 transportation for the fiscal year beginning July 1, 10 1995, and ending June 30, 1996, the following amounts, 11 or so much thereof as is necessary, to be used for the 12 purposes designated: 13 1. a. For providing assistance for the 14 restoration, conservation, improvement, and 15 construction of railroad main lines, branch lines, 16 switching yards, and sidings as required in section 17 327H.18, for use by the railway finance authority as 18 provided in chapter 327I: 19 $ 1,497,000 20 b. For airport engineering studies and improvement 21 projects as provided in chapter 328: 22 $ 2,262,000 23 2. For planning and programming, for salaries, 24 support, maintenance, and miscellaneous purposes: 25 $ 241,000 26 Sec. 2. There is appropriated from the road use 27 tax fund to the state department of transportation for 28 the fiscal year beginning July 1, 1995, and ending 29 June 30, 1996, the following amounts, or so much 30 thereof as is necessary, for the purposes designated: 31 1. For the payment of costs associated with the 32 production of motor vehicle licenses, as defined in 33 section 321.1, subsection 43: 34 $ 1,070,000 35 2. For salaries, support, maintenance, and 36 miscellaneous purposes: 37 a. Operations and finance: 38 $ 4,211,321 39 b. Administrative services: 40 $ 80,552 41 c. Planning and programming: 42 $ 400,595 43 d. Motor vehicles: 44 $ 21,960,473 45 Of the moneys appropriated in this paragraph, a 46 sufficient amount shall be allocated to provide 47 effective and necessary oversight of the county 48 treasurers' issuance of motor vehicle licenses in 49 accordance with this Act. 50 3. For payments to the department of personnel for Page 2 1 expenses incurred in administering the merit system on 2 behalf of the state department of transportation, as 3 required by chapter 19A: 4 $ 35,000 5 4. Unemployment compensation: 6 $ 17,000 7 5. For payments to the department of personnel for 8 paying workers' compensation claims under chapter 85 9 on behalf of employees of the state department of 10 transportation: 11 $ 75,000 12 6. For payment to the general fund of the state 13 for indirect cost recoveries: 14 $ 120,000 15 7. For reimbursement to the auditor of state for 16 audit expenses as provided in section 11.5B: 17 $ 32,480 18 8. For paving, grading, and replacement of scale 19 facilities at Salix, Storm Lake, and Early: 20 $ 570,000 21 The provisions of section 8.33 do not apply to the 22 funds appropriated in subsection 8, which shall remain 23 available for expenditure for the purposes designated 24 until June 30, 1998. Unencumbered or unobligated 25 funds remaining on June 30, 1998, from funds 26 appropriated in subsection 8, shall revert to the fund 27 from which appropriated on August 30, 1998. 28 Sec. 3. There is appropriated from the primary 29 road fund to the state department of transportation 30 for the fiscal year beginning July 1, 1995, and ending 31 June 30, 1996, the following amounts, or so much 32 thereof as is necessary, to be used for the purposes 33 designated: 34 1. For salaries, support, maintenance, 35 miscellaneous purposes and the following full-time 36 equivalent positions: 37 a. Operations and finance: 38 $ 25,869,545 39 FTEs 282.0 40 b. Administrative services: 41 $ 5,040,535 42 FTEs 94.0 43 c. Planning and programming: 44 $ 7,636,322 45 FTEs 174.0 46 d. Project development: 47 $ 52,862,681 48 FTEs 1185.0 49 e. Maintenance: 50 $ 98,780,764 Page 3 1 FTEs 1646.0 2 f. Motor vehicles: 3 $ 840,800 4 FTEs 549.0 5 2. For deposit in the state department of 6 transportation's highway materials and equipment 7 revolving fund established by section 307.47 for 8 funding the increased replacement cost of equipment: 9 $ 3,120,000 10 3. For payments to the department of personnel for 11 expenses incurred in administering the merit system on 12 behalf of the state department of transportation, as 13 required by chapter 19A: 14 $ 665,000 15 4. Unemployment compensation: 16 $ 328,000 17 5. For payments to the department of personnel for 18 paying workers' compensation claims under chapter 85 19 on behalf of the employees of the state department of 20 transportation: 21 $ 1,425,000 22 6. For costs associated with underground storage 23 tank replacement and cleanup: 24 $ 1,000,000 25 7. For payment to the general fund for indirect 26 cost recoveries: 27 $ 880,000 28 8. For reimbursement to the auditor of state for 29 audit expenses as provided in section 11.5B: 30 $ 199,520 31 9. a. For improvements to upgrade the handling of 32 wastewater at various field facilities throughout the 33 state: 34 $ 750,000 35 b. For construction of large salt storage 36 facilities at various locations throughout the state: 37 $ 600,000 38 c. For payment of a court-ordered drainage 39 assessment to Polk county: 40 $ 213,213 41 d. For replacement of roofs at various field 42 facility locations throughout the state: 43 $ 510,000 44 e. For replacement of brick exterior on the 45 Atlantic office building: 46 $ 150,000 47 f. For replacement of the roof on the 48 administration building at the Ames complex: 49 $ 200,000 50 g. For tuck pointing and repairs to the brick Page 4 1 exteriors of the northeast and northwest office 2 buildings at the Ames central office complex: 3 $ 150,000 4 h. For replacement and updating the exhaust system 5 at the Ames laboratory building: 6 $ 150,000 7 The provisions of section 8.33 do not apply to the 8 funds appropriated in subsection 9 which shall remain 9 available for expenditure for the purposes designated 10 until June 30, 1998. Unencumbered or unobligated 11 funds remaining on June 30, 1998, from funds 12 appropriated in subsection 9 shall revert to the fund 13 from which appropriated on August 30, 1998. 14 DIVISION II 15 HIGHWAY PATROL 16 Sec. 4. There is appropriated from the highway 17 safety patrol fund to the division of highway safety, 18 uniformed force, and radio communications of the 19 department of public safety, for the fiscal year 20 beginning July 1, 1995, and ending June 30, 1996, the 21 following amount, or so much thereof as is necessary, 22 to be used for the purpose designated: 23 For salaries, support, maintenance, workers' 24 compensation costs, and miscellaneous purposes, 25 including the state's contribution to the peace 26 officers' retirement, accident, and disability system 27 provided in chapter 97A in the amount of 18 percent of 28 the salaries for which the funds are appropriated, and 29 for not more than the following full-time equivalent 30 positions: 31 $ 33,210,467 32 FTEs 553.50 33 Sec. 5. Highway Safety Patrol Fund. There is 34 appropriated from the general fund of the state to the 35 higway safety patrol fund created in section 80.41, 36 the following amounts for the fiscal years indicated: 37 1. For the fiscal year beginning July 1, 1996, and 38 ending June 30, 1997, $9,000,000. 39 2. For the fiscal year beginning July 1, 1997, and 40 ending June 30, 1998, $18,000,000. 41 3. For the fiscal year beginning July 1, 1998, and 42 ending June 30, 1999, $27,000,000. 43 4. For the fiscal year beginning July 1, 1999, and 44 ending June 30, 2000, $36,000,000, or such increased 45 amounts as is necessary to fully fund those expenses 46 for which an appropriation is made pursuant to section 47 80.41. 48 Sec. 6. The division of highway safety, uniformed 49 force, and radio communications may expend an amount 50 proportional to the costs that are reimbursable from Page 5 1 the highway safety patrol fund created in section 2 80.41, as enacted by this Act. Spending for these 3 costs may occur from any unappropriated funds in the 4 state treasury upon a finding by the department of 5 management that all of the amounts requested and 6 approved are reimbursable from the highway safety 7 patrol fund. Upon payment to the highway safety 8 patrol fund, the division of highway safety, uniformed 9 force, and radio communications shall credit the 10 payments necessary to reimburse the state treasury. 11 Sec. 7. There is appropriated from the general 12 fund of the state to the department of public safety 13 for the fiscal year beginning July 1, 1995, and ending 14 June 30, 1996, the following amounts, or so much 15 thereof as is necessary, to be used for the purposes 16 designated: 17 For payment to the department of personnel for 18 expenses incurred in administering the merit system on 19 behalf of the division of highway safety, uniformed 20 force, and radio communications: 21 $ 88,390 22 Sec. 8. NEW SECTION. 80.41 HIGHWAY SAFETY PATROL 23 FUND. 24 1. A highway safety patrol fund is created as a 25 separate fund in the state treasury under the control 26 of the department of revenue and finance. Interest 27 and other moneys earned by the fund shall be deposited 28 in the fund. The fund shall include moneys credited 29 from the use tax as allocated under section 423.24, 30 subsection 2. 31 2. Moneys credited to the fund shall be expended, 32 pursuant to appropriations made from the fund by the 33 general assembly, by the division of highway safety, 34 uniformed force, and radio communications of the 35 department of public safety for salaries, including 36 salary adjustment moneys, support, maintenance, and 37 miscellaneous purposes, including workers' 38 compensation expenses and the state's contribution to 39 the peace officers' retirement, accident, and 40 disability system provided in chapter 97A. 41 3. Notwithstanding section 8.33, moneys credited 42 to the fund which remain unobligated or unexpended at 43 the close of a fiscal year shall not revert to the 44 general fund of the state but shall be credited to the 45 fund from which they were appropriated. 46 4. This section is repealed July 1, 2000. 47 Sec. 9. Section 423.24, subsection 2, Code 1995, 48 is amended to read as follows: 49 2. Twenty percent of all revenue derived from the 50 use tax on motor vehicles, trailers, and motor vehicle Page 6 1 accessories and equipment as collected pursuant to 2 section 423.7 shall be depositedin the GAAP deficit3reduction account established in the department of4management pursuant to section 8.57, subsection 2, and5shall be usedand credited to the road use tax fund, 6 except to the extent that the department directs that 7 moneys are deposited in the highway safety patrol fund 8 created in section 80.41 to the fund the 9 appropriations made from the highway safety patrol 10 fund in accordance with the provisions ofthatsection 11 80.41. The department shall determine the amount of 12 moneys to be credited to the highway safety patrol 13 fund and shall deposit that amount into the highway 14 safety patrol fund. 15 DIVISION III 16 CAPITAL PROJECTS 17 BOARD OF REGENTS 18 Sec. 10. There is appropriated from the rebuild 19 Iowa infrastructure account of the state to the state 20 board of regents for the fiscal year beginning July 1, 21 1995, and ending June 30, 1996, the following amounts, 22 or so much thereof as is necessary, to be used for the 23 purposes designated: 24 1. For replacement of the boiler at the Iowa 25 braille and sight saving school: 26 $ 296,000 27 2. For compliance with the federal Americans with 28 Disabilities Act at the state school for the deaf: 29 $ 50,000 30 3. For fire and environmental safety, renovation, 31 or deferred maintenance, at Iowa state university of 32 science and technology: 33 $ 1,000,000 34 4. For fire and environmental safety, renovation, 35 or deferred maintenance at the state university of 36 Iowa: 37 $ 1,000,000 38 5. For the performing arts center at the 39 university of northern Iowa: 40 $ 2,000,000 41 Notwithstanding section 8.33, unencumbered or 42 unobligated funds remaining on June 30, 1996, from the 43 funds appropriated in subsections 1 through 4, shall 44 revert to the rebuild Iowa infrastructure account of 45 the state on August 31, 1996, and unencumbered or 46 unobligated funds remaining on June 30, 1999, from the 47 funds appropriated in subsection 5, shall revert to 48 the rebuild Iowa infrastructure account of the state 49 on August 31, 1999. 50 DEPARTMENT OF CORRECTIONS Page 7 1 Sec. 11. There is appropriated from the rebuild 2 Iowa infrastructure account of the state to the 3 department of corrections for the fiscal year 4 beginning July 1, 1995, and ending June 30, 1996, the 5 following amounts, or so much thereof as is necessary, 6 to be used for the purpose designated: 7 For connection of the Fort Madison correctional 8 facility with the Iowa communications network: 9 $ 161,000 10 DEPARTMENT OF CULTURAL AFFAIRS 11 Sec. 12. There is appropriated from the rebuild 12 Iowa infrastructure account of the state to the 13 department of cultural affairs for the fiscal year 14 beginning July 1, 1995, and ending June 30, 1996, the 15 following amount, or so much thereof as is necessary, 16 to be used for the purpose designated: 17 To correct water seepage problems and complete 18 design specifications for rehabilitation work on the 19 centennial building in Iowa City: 20 $ 180,000 21 Notwithstanding section 8.33, unencumbered or 22 unobligated funds remaining on June 30, 1997, from the 23 funds appropriated in this section, shall revert to 24 the rebuild Iowa infrastructure account of the state 25 on August 31, 1997. 26 DEPARTMENT OF GENERAL SERVICES 27 Sec. 13. There is appropriated from the rebuild 28 Iowa infrastructure account of the state to the 29 department of general services for the fiscal year 30 beginning July 1, 1995, and ending June 30, 1996, the 31 following amounts, or so much thereof as is necessary, 32 to be used for the purposes designated: 33 1. For exterior state capitol building 34 restoration: 35 $ 7,165,000 36 2. For interior state capitol building 37 restoration: 38 $ 2,100,000 39 3. For health, fire safety, and interior 40 maintenance needs of the state capitol building: 41 $ 1,600,000 42 4. For major maintenance needs including health, 43 life and fire safety and for compliance with the 44 federal Americans with disabilities Act for state- 45 owned buildings and facilities: 46 $ 4,000,000 47 Notwithstanding section 8.33, unencumbered or 48 unobligated funds remaining on June 30, 2000, from the 49 funds appropriated in this section, shall revert to 50 the rebuild Iowa infrastructure account of the state Page 8 1 on August 31, 2000. 2 DEPARTMENT OF HUMAN SERVICES 3 Sec. 14. There is appropriated from the rebuild 4 Iowa infrastructure account of the state to the 5 department of human services for the fiscal year 6 beginning July 1, 1995, and ending June 30, 1996, the 7 following amount, or so much thereof as is necessary, 8 to be used for the purpose designated: 9 For costs associated with the development of the X- 10 pert computer system: 11 $ 1,076,000 12 Notwithstanding section 8.33, unencumbered or unobligated 13 funds remaining on June 30, 1997, from the funds appropriated 14 in this section, shall revert to the rebuild Iowa 15 infrastructure account of the state on August 31, 1997. 16 DEPARTMENT OF MANAGEMENT 17 Sec. 15. There is appropriated from the rebuild 18 Iowa infrastructure account of the state to the 19 department of management for the fiscal year beginning 20 July 1, 1995, and ending June 30, 1996, the following 21 amount, or so much thereof as is necessary, to be used 22 for the purpose designated: 23 For the innovations fund: 24 $ 1,245,000 25 DEPARTMENT OF NATURAL RESOURCES 26 Sec. 16. There is appropriated from the marine 27 fuel tax receipts deposited in the general fund of the 28 state to the department of natural resources for the 29 fiscal year beginning July 1, 1995, and ending June 30 30, 1996, the following amount, or so much thereof as 31 is necessary, to be used for the purpose designated: 32 For the purpose of funding capital projects 33 traditionally funded from marine fuel tax receipts for 34 the purposes specified in section 452A.79: 35 $ 1,600,000 36 Notwithstanding section 8.33, unencumbered or 37 unobligated funds remaining on June 30, 1997, from the 38 funds appropriated in this section, shall revert to 39 the general fund of the state on August 31, 1997. 40 DEPARTMENT OF PUBLIC DEFENSE 41 Sec. 17. There is appropriated from the rebuild 42 Iowa infrastructure account of the state to the 43 department of public defense for the fiscal year 44 beginning July 1, 1995, and ending June 30, 1996, the 45 following amounts, or so much thereof as is necessary, 46 to be used for the purposes designated: 47 1. For maintenance and repair of national guard 48 armories and facilities: 49 $ 382,000 50 2. To match federal funds for completion of the Page 9 1 addition and renovation of the armory in Fairfield: 2 $ 250,000 3 3. To match federal funds for construction of a 4 motor vehicle storage building at the Camp Dodge 5 maintenance armory: 6 $ 420,000 7 Notwithstanding section 8.33, unencumbered or 8 unobligated funds remaining on June 30, 1996, from the 9 funds appropriated in this section, shall revert to 10 the rebuild Iowa infrastructure account of the state 11 on August 31, 1996. 12 LOTTERY TRANSFER 13 Sec. 18. Notwithstanding the requirement in 14 section 99E.10, subsection 1, to transfer lottery 15 revenue remaining after expenses are deducted, 16 notwithstanding the requirement under section 99E.20, 17 subsection 2, for the commissioner to certify and 18 transfer a portion of the lottery fund to the CLEAN 19 fund, and notwithstanding the appropriations and 20 allocations in section 99E.34, all lottery revenues 21 received during the fiscal year beginning July 1, 22 1995, and ending June 30, 1996, after deductions as 23 provided in section 99E.10, subsection 1, and as 24 appropriated under any Act of the Seventy-sixth 25 General Assembly, 1995 Session, shall not be 26 transferred to and deposited into the CLEAN fund but 27 shall be transferred and credited to the general fund 28 of the state. 29 Sec. 19. Notwithstanding 1994 Iowa Acts, chapter 30 1199, section 12, of the lottery revenues remaining 31 after $34,400,000 is transferred and credited to the 32 general fund of the state during the fiscal year 33 beginning July 1, 1994, the following amounts shall be 34 transferred in descending priority order as follows: 35 1. To the treasurer of state for the continued 36 funding of Iowa's participation in the funding of the 37 world food prize: 38 $ 250,000 39 It is the intent of the general assembly that this 40 appropriation of public funds will result in a 41 commitment for additional funding for the world food 42 prize from private sources. 43 The treasurer of state shall only provide the funds 44 appropriated in this section to the world food prize 45 foundation if sufficient private funds are raised to 46 maintain the world food prize foundation in Iowa and 47 the foundation is structured to include representation 48 that reflects environmental concerns and sustainable 49 agriculture. 50 2. To the treasurer of state for purposes of Page 10 1 allocating moneys to assist each of the 103 county 2 fairs which are members of the association of Iowa 3 fairs, for purposes of supporting annual county fairs 4 and improvements to the county fairgrounds: 5 $ 1,000,000 6 The treasurer of state shall allocate an equal 7 amount to each member fair. However, moneys shall 8 only be expended by a county fair on a dollar-for- 9 dollar matching basis with moneys received from 10 donations contributed to the county fair from private 11 sources or moneys contributed by a county to aid the 12 county fair pursuant to section 174.14. 13 3. The remaining revenues to the Iowa state fair 14 foundation for capital projects and major maintenance 15 improvements at the Iowa state fairgrounds. 16 DIVISION IV 17 Sec. 20. 1994 Iowa Acts, chapter 1199, section 10, 18 is amended by adding the following new unnumbered 19 paragraph: 20 NEW UNNUMBERED PARAGRAPH. The provisions of 21 section 8.33 do not apply to the funds appropriated in 22 this section. Unencumbered or unobligated funds 23 remaining on June 30, 1995, from funds appropriated 24 for the fiscal year beginning July 1, 1994, shall not 25 revert but shall remain available for expenditure 26 during the fiscal year beginning July 1, 1995, for the 27 purposes for which they were appropriated. 28 Sec. 21. 1993 Iowa Acts, chapter 169, section 14, 29 subsection 2, paragraph a, is amended to read as 30 follows: 31 a. The department shall retain all administrative 32 authority over licensing functions which shall include 33 administrative procedures relating to cancellation, 34 revocation, or suspension of licenses, including 35 administrative hearings and appeals and training and 36 shall retain all supervisory authority over the 37 issuance of commercial driver's licenses and the 38 administration of written tests. 39 Sec. 22. 1993 Iowa Acts, chapter 169, section 14, 40 subsection 2, is amended by adding the following new 41 paragraph: 42 NEW PARAGRAPH. f. The county treasurers shall be 43 subject to the supervision of the state department of 44 transportation and shall be considered agents of the 45 department when performing motor vehicle licensing 46 functions. 47 Sec. 23. 1993 Iowa Acts, chapter 169, section 14, 48 subsection 3, is amended to read as follows: 49 3. Notwithstanding the provisions of chapters 321 50 and 321L which grant sole authority to the department Page 11 1 for the issuance of motor vehicle licenses, 2 nonoperator's identification cards, and handicapped 3 identification devices, the county treasurer in each 4 of the counties chosen for the pilot project shall be 5 granted the same authority as is given to the 6 department in relation to the issuance of motor 7 vehicle licenses, nonoperator's identification cards, 8 and handicapped identification devices under chapters 9 321 and 321L. However, a county shall only be 10 authorized to issue commercial driver's licenses if 11 certified to do so by the department. If a county 12 fails to meet the standards for certification under 13 this section, the department itself shall provide for 14 the issuance of commercial driver's licenses in that 15 county. The department shall certify the county 16 treasurers to issue commercial driver's licenses if 17 all of the following conditions are met: 18 a. The driving skills test is the same as that 19 which would otherwise be administered by the state. 20 b. The county examiner contractually agrees to 21 comply with the requirements of 49 C.F.R. </g> 383.75, 22 adopted as of a specific date by rule by the 23 department. 24 c. The department provides supervision over the 25 issuance of commercial driver's licenses by the county 26 treasurers. 27 Sec. 24. DRIVER'S LICENSE PILOT PROJECT. 28 1. The driver's license pilot project implemented 29 in accordance with 1993 Iowa Acts, chapter 169, 30 section 14, is extended until June 30, 1996. 31 2. The legislative council is requested to 32 establish an interim study committee to evaluate 33 expansion of the driver's license pilot program to 34 include additional counties and to determine the 35 feasibility of permanently transferring authority to 36 the six pilot project counties to issue driver's 37 licenses. The committee shall evaluate the benefits 38 to the public from the issuance of driver's licenses 39 by the counties and the cost effectiveness of doing 40 so. The committee shall hear testimony from federal 41 transportation officials regarding issuance of 42 commercial driver's licenses and compliance with 43 federal regulations. The committee shall provide 44 recommendations regarding such expansion to the 45 general assembly no later than December 15, 1995. 46 3. Notwithstanding any other provisions to the 47 contrary, the county treasurers of Adams, Cass, 48 Fremont, Mills, Montgomery, and Page counties may 49 retain for deposit in the county general fund, up to 50 five dollars for each motor vehicle license Page 12 1 transaction, including, but not limited to, issuance 2 or renewal of motor vehicle licenses, nonoperator's 3 identification cards, or handicapped identification 4 devices. 5 4. As a condition for retention of moneys under 6 this subsection, a county treasurer shall document the 7 actual quarterly expenditures associated with driver's 8 license issuance including the amount of time spent 9 during that quarter on driver's license-related 10 activities, the proportionate share of salaries and 11 benefits for county employees performing driver's 12 license-related activities, the total numbers of 13 transactions conducted, and other costs related to the 14 administration of driver's license-related activities. 15 Each county treasurer shall provide the documentation 16 of expenditures to the state department of trans- 17 portation and legislative fiscal bureau. If the 18 county treasurer's total expenses are less than the 19 moneys retained under this subsection, the county 20 treasurer shall submit the difference to the treasurer 21 of state on a quarterly basis. The treasurer of state 22 shall deposit that amount in the road use tax fund. 23 Sec. 25. The state department of transportation 24 shall consider as a priority for inclusion into the 25 state five-year transportation plan the preparation of 26 planning studies for development of highway bypass 27 projects that promote the safe flow of traffic and 28 economic development in the project areas. 29 Sec. 26. The provisions of section 8.33 do not 30 apply to the $70,000 appropriation to the state 31 department of transportation for a study to determine 32 the potential costs and benefits of the development of 33 rail passenger service between Cedar Rapids and Iowa 34 City, made in 1994 Iowa Acts, chapter 1189, section 8, 35 subsection 1, paragraph "a", but shall remain 36 available for expenditure until June 30, 1996. 37 Unencumbered or unobligated moneys remaining on June 38 30, 1996, shall revert to the general fund of the 39 state on August 31, 1996. 40 Sec. 27. Section 314.21, subsection 3, paragraph 41 b, subparagraph (1), Code 1995, is amended to read as 42 follows: 43 (1) For the fiscalperiodyear beginning July 1, 4419891995, and ending June 30,1995, fifty1996, and 45 each subsequent fiscal year, seventy-five thousand 46 dollarsin each fiscal yearto the university of 47 northern Iowa to maintain the position of the state 48 roadside specialist and to continue its integrated 49 roadside vegetation managementpilotprogram providing 50 research, education, training, and technical Page 13 1 assistance. 2 Sec. 28. The legislative fiscal bureau shall 3 evaluate the living roadway trust program and provide 4 a written report to the joint appropriations 5 subcommittee on transportation, infrastructure and 6 capitals by January 15, 1996. 7 Sec. 29. Section 20 of this Act, being deemed of 8 immediate importance, takes effect upon enactment. 9 The sections of this Act providing for lottery 10 transfers, being deemed of immediate importance, take 11 effect upon enactment." 12 2. Title page, by striking lines 1 through 12 and 13 inserting the following: "An Act relating to and 14 making appropriations to the state department of 15 transportation including allocation and use of moneys 16 from the general fund, road use tax fund, and primary 17 road fund, making appropriations for the highway 18 patrol from the use tax and the general fund, and 19 making appropriations for capital projects from the 20 rebuild Iowa infrastructure account, the general fund 21 of the state, and lottery revenues, relating to the 22 living roadway trust fund, the state roadside 23 specialist, and the county treasurer's driver's 24 license pilot project, and providing an effective 25 date." Blodgett of Cerro Gordo offered the following amendment H-4085, to the committee amendment H-4081, filed by him and May from the floor and moved its adoption: H-4085 1 Amend the amendment, H-4081, to Senate File 481, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by striking line 18 and inserting the 5 following: "provided in chapter 327I, and for up to 6 $100,000 for the renovation of historical electric 7 rail cars and the payment of renovation expenses 8 incurred by the Mason City-Clear Lake electric trolley 9 railroad historical society, provided matching funds 10 are raised and expended for that purpose:" A non-record roll call was requested. The ayes were 42, nays 28. Amendment H-4085 was adopted. Cohoon of Des Moines offered the following amendment H-4099, to the committee amendment H-4081 filed by Cohoon, Warnstadt and Ollie from the floor and moved its adoption: H-4099 1 Amend the amendment, H-4081, to Senate File 481, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 2, by inserting after line 45 the 5 following: 6 "It is the intent of the general assembly that the 7 state department of transportation conduct an 8 intermodal transportation study to analyze the 9 feasibility and need for additional intermodal 10 transportation facilities in Iowa. The study shall 11 include an analysis of the potential economic benefit 12 to affected communities. The study shall be conducted 13 for areas of the state located more than seventy-five 14 miles from existing intermodal transportation 15 facilities. The department shall give preference to 16 communities wishing to be included in the study. For 17 purposes of this study, "intermodal transportation 18 facility" means a facility that acts as an exchange 19 center for goods which are transferred from one 20 modality to another." Amendment H-4099 was adopted. Cohoon of Des Moines offered amendment H-4100, to the committee amendment H-4081, filed by him from the floor as follows: H-4100 1 Amend the amendment, H-4081, to Senate File 481, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. By striking page 4, line 16, through page 6, 5 line 14, and inserting the following: 6 "Sec. ___. NEW SECTION. 80.41 HIGHWAY SAFETY 7 PATROL FUND. 8 A highway safety patrol fund is created as a 9 separate fund in the state treasury. Interest and 10 other moneys earned by the fund shall be deposited in 11 the fund. The fund shall include moneys credited from 12 the use tax as allocated under section 423.24, 13 subsection 2. The moneys credited to the fund for the 14 fiscal year beginning July 1, 1995, and ending June 15 30, 1996, shall be appropriated as follows: 16 1. Thirty-three million, two hundred ten thousand, 17 four hundred sixty-seven dollars shall be appropriated 18 to the division of highway safety, uniformed force, 19 and radio communications of the department of public 20 safety to be used for salaries, support, maintenance, 21 and miscellaneous purposes, including workers' 22 compensation expenses and the state's contribution to 23 the peace officers' retirement, accident, and 24 disability system provided in chapter 97A in the 25 amount of eighteen percent of the salaries for which 26 the funds are appropriated. 27 2. Sufficient moneys for the division of highway 28 safety uniformed force, and radio communications of 29 the department of public safety for salary adjustment. 30 3. Any revenues remaining shall be credited to the 31 road use tax fund created under section 312.1. 32 It is the intent of the general assembly that 33 moneys be appropriated from the general fund of the 34 state to partially fund the division of highway 35 safety, uniformed force, and radio communications of 36 the department of public safety by fiscal year 1996- 37 1997 and to fully fund the division by fiscal year 38 2000-2001 and each fiscal year thereafter. It is 39 further intended that the fund created in this section 40 be repealed when the highway patrol is fully funded 41 from the general fund of the state and all use tax 42 receipts designated in section 423.24, subsection 2, 43 are deposited in the road use tax fund. 44 Sec. ___. Section 423.24, subsection 2, Code 1995, 45 is amended to read as follows: 46 2. Twenty percent of all revenue derived from the 47 use tax on motor vehicles, trailers, and motor vehicle 48 accessories and equipment as collected pursuant to 49 section 423.7 shall be deposited in theGAAP deficit50reduction account established in the department ofPage 2 1management pursuant to section 8.57, subsection 2,2 highway safety patrol fund created in section 80.41, 3 and shall be used in accordance with the provisions of 4 that section." 5 2. By renumbering as necessary. Speaker pro tempore Van Maanen of Marion in the chair at 6:40 p.m. On motion by Cohoon of Des Moines, amendment H-4100, to the committee amendment H-4081, lost. Mascher of Johnson offered the following amendment H-4101, to the committee amendment H-4081 filed by Mascher, Bernau, Myers, Burnett, Doderer and Witt from the floor and moved its adoption: H-4101 1 Amend the amendment, H-4081, to Senate File 481, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 6, line 33, by striking the figure 5 "1,000,000" and inserting the following: "3,000,000". 6 2. Page 6, line 37, by striking the figure 7 "1,000,000" and inserting the following: "3,000,000". Amendment H-4101 lost. Mundie of Webster offered the following amendment H-4094, to the committee amendment H-4081, filed by him from the floor and moved its adoption: H-4094 1 Amend the amendment, H-4081, to Senate File 481, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 7, by inserting after line 9 the 5 following: 6 "Sec. ___. There is appropriated from the rebuild 7 Iowa infrastructure account of the state to the 8 department of corrections for the fiscal year 9 beginning July 1, 1995, and ending June 30, 1996, the 10 following amount, or so much thereof as is necessary, 11 to be used for the purpose designated: 12 For the construction of, or the remodeling or 13 renovation of, a building for use as a residential 14 facility and office in Fort Dodge by the second 15 judicial district department of correctional services: 16 $ 1,900,000 17 It is the intent of the general assembly that the 18 department of corrections issue a request for 19 proposals for the construction of, or the remodeling 20 or renovation of, a building for use as a residential 21 facility and office in Fort Dodge by the second 22 judicial district department of correctional services. 23 If a proposal is accepted by the department, but in no 24 event earlier than January 30, 1996, the department of 25 corrections is authorized to construct a residential 26 facility and office in Fort Dodge or remodel or 27 renovate an existing building for use as a residential 28 facility and office in Fort Dodge, for use by the 29 second judicial district department of correctional 30 services. 31 Notwithstanding section 8.33, unencumbered or 32 unobligated funds remaining on June 30, 1998, from the 33 funds appropriated in this section, shall revert to 34 the rebuild Iowa infrastructure account of the state 35 on August 31, 1998." 36 2. By renumbering as necessary. Amendment H-4094 lost. Branstad of Winnebago asked and received unanimous consent to withdraw amendment H-4086, to the committee amendment H-4081, filed by him and May from the floor. Murphy of Dubuque offered the following amendment H-4088, to the committee amendment H-4081, filed by him from the floor and moved its adoption: H-4088 1 Amend the amendment, H-4081, to Senate File 481, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 7, by inserting after line 25 the 5 following: 6 "DEPARTMENT OF EDUCATION 7 Sec. ___. There is appropriated from the rebuild 8 Iowa infrastructure account of the state to the 9 department of education for the fiscal year beginning 10 July 1, 1995, and ending June 30, 1996, $5,000,000, to 11 be used for compliance with the federal Americans with 12 Disabilities Act, for fire and environmental safety, 13 for implementation of energy conservation measures, 14 for reduction of technological obsolescence in 15 instructional equipment and facilities for community 16 colleges and for other stated purposes to be allocated 17 to the merged areas in the following amounts: 18 1. Merged Area I 19 For the construction of a building to house the 20 national center for agricultural rescue and emergencies: 21 $ 1,000,000 22 The appropriation to Merged Area I in this 23 subsection is contingent upon the receipt of federal 24 funds. If federal funding is not received, Merged 25 Area I shall be allocated $272,700 and the remainder 26 of the appropriation shall revert to the rebuild Iowa 27 infrastructure account of the state. 28 2. Merged Area II $ 234,872 29 3. Merged Area III $ 233,546 30 4. Merged Area IV $ 117,336 31 5. Merged Area V $ 334,845 32 6. Merged Area VI $ 235,187 33 7. Merged Area VII . $ 306,353 34 Of the appropriation in this subsection, up to 35 $150,000 shall be used for purposes of renovating a 36 building for use as an urban center with classrooms to 37 prepare students for the workplace or to pursue 38 postsecondary education. 39 8. Merged Area IX $ 275,581 40 9. Merged Area X $ 480,290 41 10. Merged Area XI $ 467,040 42 11. Merged Area XII $ 287,189 43 12. Merged Area XIII . $ 264,044 44 13. Merged Area XIV $ 150,162 45 14. Merged Area XV $ 417,482 46 15. Merged Area XVI $ 196,073 47 Notwithstanding section 8.33, unencumbered or 48 unobligated funds remaining on June 30, 1997, from the 49 funds appropriated in this section, shall revert to 50 the rebuild Iowa infrastructure account of the state Page 2 1 on August 31, 1997." 2 2. By renumbering as necessary. Roll call was requested by Schrader of Marion and Murphy of Dubuque. On the question "Shall amendment H-4088, to the committee amendment H-4081, be adopted?" (S.F. 481) The ayes were, 35: Arnold Baker Bell Bernau Brand Burnett Cataldo Cohoon Coon Daggett Doderer Drees Hanson Harper Jochum Koenigs Lamberti Larkin Mascher May McCoy Mertz Mundie Moreland Murphy Myers Nelson, B. Nelson, L. O'Brien Ollie Running Schrader Warnstadt Weigel Witt The nays were, 58: Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Cornelius Dinkla Disney Drake Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kreiman Kremer Lord Main Martin Metcalf Meyer Millage Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Wise Van Maanen, Presiding Absent or not voting, 7: Blodgett Brammer Connors Ertl Holveck Larson Shoultz Amendment H-4088 lost. Nelson of Pottawattamie offered the following amendment H-4103, to the committee amendment H-4081, filed by her from the floor and moved its adoption: H-4103 1 Amend the amendment, H-4081, to Senate File 481, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 7, by inserting after line 25 the 5 following: 6 "DEPARTMENT OF ECONOMIC DEVELOPMENT 7 Sec. ___. There is appropriated from the rebuild 8 Iowa infrastructure account of the state to the 9 department of economic development for the fiscal year 10 beginning July 1, 1995, and ending June 30, 1996, the 11 following amount, or so much thereof as is necessary, 12 to be used for the purpose designated: 13 For completion of the western historic trails 14 welcome center: 15 $ 275,000 16 Notwithstanding section 8.33, unencumbered or unobligated 17 funds remaining on June 30, 1997, from the funds appropriated 18 in this section, shall revert to the rebuild Iowa 19 infrastructure account of the state on August 31, 1997." 20 2. By renumbering as necessary. Amendment H-4103 was adopted. Murphy of Dubuque offered the following amendment H-4089, to the committee amendment H-4081, filed by him from the floor and moved its adoption: H-4089 1 Amend the amendment, H-4081, to Senate File 481, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 9, by inserting after line 49 the 5 following: 6 "1A. To the division of community action agencies 7 of the department of human rights for qualifying 8 energy conservation programs for low-income persons, 9 including but not limited to, energy weatherization 10 projects which target the highest energy users: 11 $ 100,000 12 The appropriation in this subsection is only 13 effective if the community action agencies budgets for 14 the state fiscal year 1995 are reduced by ten percent 15 or more due to actions taken by the federal government 16 for federal fiscal year 1995." 17 2. By renumbering and relettering as necessary. Amendment H-4089 lost. Millage of Scott offered the following amendment H-4090, to the committee amendment H-4081, filed by him from the floor and moved its adoption: H-4090 1 Amend the amendment, H-4081, to Senate File 481, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 10, by inserting after line 15 the 5 following: 6 "The provisions of section 8.33 do not apply to the 7 funds appropriated in this section. Unencumbered or 8 unobligated funds remaining on June 30, 1995, from 9 funds appropriated in subsections 1 and 2 of this 10 section, shall not revert but shall remain available 11 for expenditure until June 30, 1996, and shall revert 12 to the general fund of the state on August 31, 1996. 13 Unencumbered or unobligated funds remaining on June 14 30, 1995, from funds appropriated in subsection 3 15 shall not revert but shall remain available for 16 expenditure until June 30, 1998, and shall revert to 17 the general fund of the state on August 31, 1998." 18 2. By renumbering as necessary. Amendment H-4090 was adopted. Weidman of Cass offered the following amendment H-4091, to the committee amendment H-4081, filed by Weidman, Houser, Boggess, Hammitt, Daggett and Drake from the floor and moved its adoption: H-4091 1 Amend the amendment, H-4081, to Senate File 481, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. By striking page 10, line 28, through page 11, 5 line 26. 6 2. Page 11, by striking lines 28 through 30. 7 3. Page 11, by striking lines 34 through 37 and 8 inserting the following: "include additional 9 counties. The committee shall evaluate the benefits". 10 4. Page 13, by inserting after line 1 the 11 following: 12 "Sec. ___. NEW SECTION. 321.179 COUNTY 13 TREASURERS -- ISSUANCE OF MOTOR VEHICLE LICENSES. 14 1. Notwithstanding the provisions of this chapter 15 or chapter 321L which grant sole authority to the 16 department for the issuance of motor vehicle licenses, 17 nonoperator's identification cards, and handicapped 18 identification devices, the counties of Adams, Cass, 19 Fremont, Mills, Montgomery, and Page shall be 20 authorized to issue motor vehicle licenses, 21 nonoperator's identification cards, and handicapped 22 identification devices on a permanent basis. However, 23 a county shall only be authorized to issue commercial 24 driver's licenses if certified to do so by the 25 department. If a county fails to meet the standards 26 for certification under this section, the department 27 itself shall provide for the issuance of commercial 28 driver's licenses in that county. The department 29 shall certify the county treasurers in the permanent 30 counties to issue commercial driver's licenses if all 31 of the following conditions are met: 32 a. The driving skills test is the same as that 33 which would otherwise be administered by the state. 34 b. The county examiner contractually agrees to 35 comply with the requirements of 49 C.F.R. </g> 383.75, 36 adopted as of a specific date by rule by the 37 department. 38 c. The department provides supervision over the 39 issuance of commercial driver's licenses and the 40 administration of written tests by the county 41 treasurers. 42 2. The county treasurers shall be subject to the 43 supervision of the department and shall be considered 44 agents of the department when performing motor vehicle 45 licensing functions." 46 5. By renumbering as necessary. Roll call was requested by Cohoon of Des Moines and Ollie of Clinton. On the question "Shall amendment H-4091, to the committee amendment H-4081, be adopted?" (S.F. 481) The ayes were, 54: Arnold Boddicker Boggess Brand Brunkhorst Carroll Coon Corbett, Spkr. Daggett Dinkla Drake Drees Eddie Fallon Greig Greiner Gries Grubbs Grundberg Halvorson Hammitt Harper Harrison Heaton Houser Hurley Huseman Jochum Kreiman Lamberti Larson Lord Main May Mertz Metcalf Meyer Moreland Mundie Nelson, B. O'Brien Rants Renken Salton Schrader Schulte Siegrist Sukup Teig Tyrrell Vande Hoef Veenstra Weidman Van Maanen, Presiding The nays were, 41: Baker Bell Bernau Blodgett Bradley Branstad Brauns Burnett Cataldo Churchill Cohoon Connors Cormack Disney Doderer Garman Gipp Hahn Hanson Jacobs Klemme Koenigs Kremer Larkin Martin Mascher McCoy Millage Murphy Myers Nelson, L. Nutt Ollie Running Shoultz Thomson Van Fossen Warnstadt Weigel Welter Witt Absent or not voting, 5: Brammer Cornelius Ertl Holveck Wise Amendment H-4091 was adopted. Koenigs of Mitchell offered the following amendment H-4096, to the committee amendment H-4081, filed by Koenigs, Ollie and Welter from the floor and moved its adoption: H-4096 1 Amend the amendment, H-4081, to Senate File 481, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. By striking page 11, line 46, through page 12, 5 line 4, and inserting the following: "Notwithstanding 6 section 321.191, the county treasurers in the six 7 pilot project counties shall add an additional five- 8 dollar fee to the cost of a motor vehicle license. 9 This fee shall be paid by the licensee and shall be in 10 addition to the fee imposed pursuant to section 11 321.191. This fee shall be retained by the county 12 treasurer and shall be deposited in the county general 13 fund." A non-record roll call was requested. The ayes were 39, nays 50. Amendment H-4096 lost. Koenigs of Mitchell offered the following amendment H-4097, to the committee amendment H-4081, filed by Koenigs, Ollie and Welter from the floor and moved its adoption: H-4097 1 Amend the amendment, H-4081, to Senate File 481, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. By striking page 11, line 46, through page 12, 5 line 4, and inserting the following: "Notwithstanding 6 section 321.191, the county treasurers in the six 7 pilot project counties shall add an additional three- 8 dollar fee to the cost of a motor vehicle license. 9 This fee shall be paid by the licensee and shall be in 10 addition to the fee imposed pursuant to section 11 321.191. This fee shall be retained by the county 12 treasurer and shall be deposited in the county general 13 fund." A non-record roll call was requested. The ayes were 33, nays 43. Amendment H-4097 lost. Mundie of Webster offered amendment H-4092, to the committee amendment H-4081, filed by him from the floor as follows: H-4092 1 Amend the amendment, H-4081, to Senate File 481, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 12, by inserting after line 22 the 5 following: 6 "Sec. ___. The department of education shall 7 provide a report to the general assembly by January 8 15, 1997, regarding the progress the department is 9 making in implementing the motorcycle education course 10 under section 321.189. The report shall include an 11 analysis of the availability of classroom space, the 12 curriculum of the motorcycle education course that 13 will be offered for persons under the age of 18 and 14 for persons age 18 or above, and those organizations 15 that will be offering the motorcycle education 16 course." 17 2. By renumbering as necessary. Millage of Scott rose on a point of order that amendment H-4092 was not germane, to the committee amendment H-4081. The Speaker ruled the point well taken and amendment H-4092 not germane, to the committee amendment H-4081. Fallon of Polk offered amendment H-4095, to the committee amendment H-4081, filed by him from the floor as follows: H-4095 1 Amend the amendment, H-4081, to Senate File 481, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 12, by inserting after line 39 the 5 following: 6 "Sec. ___. Section 22.7, Code 1995, is amended by 7 adding the following new subsection: 8 NEW SUBSECTION. 33. Personal information 9 contained in state department of transportation 10 handicapped parking permit records capable of 11 disclosure by bulk distribution for purposes of 12 surveys, marketing, or solicitations, unless the 13 individual who is the subject of the record has been 14 given an opportunity by the state department of 15 transportation to prohibit the disclosure." 16 2. Page 13, by inserting after line 1 the 17 following: 18 "Sec. ___. Section 321.11, Code 1995, is amended 19 by adding the following new unnumbered paragraph: 20 NEW UNNUMBERED PARAGRAPH. However, personal 21 information contained in department handicapped 22 parking permit records may only be disclosed by bulk 23 distribution for purposes of surveys, marketing, or 24 solicitations, if the individual who is the subject of 25 the record has been given an opportunity by the 26 department to prohibit the disclosure." 27 3. By renumbering as necessary. Millage of Scott rose on a point of order that amendment H-4095 was not germane, to the committee amendment H-4081. The Speaker ruled the point well taken and amendment H-4095 not germane, to the committee amendment H-4081. Fallon of Polk moved to suspend the rules to consider amendment H-4095. A non-record roll call was requested. The ayes were 22, nays 45. The motion to suspend the rules lost. Mundie of Webster asked and received unanimous consent to withdraw amendment H-4093, to the committee amendment H-4081, filed by him from the floor. Siegrist of Pottawattamie offered the following amendment H-4105, to the committee amendment H-4081, filed by him and Nelson of Pottawattamie from the floor and moved its adoption: H-4105 1 Amend the amendment, H-4081, to Senate File 481, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 6, line 28, by inserting after the word 5 "Act" the following: "or for fire and environmental 6 safety". Amendment H-4105 was adopted. On motion by Brauns of Muscatine, the following amendment H-4107, to the committee amendment H-4081, was adopted by unanimous consent: H-4107 1 Amend the amendment, H-4081, to Senate File 481, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 Page 4, line 35, by striking the word "highway" and 5 inserting the word "highway". On motion by Brauns of Muscatine, the committee amendment H-4081, as amended was adopted. Brauns of Muscatine 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. 481) The ayes were, 80: Arnold Bernau Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Burnett Carroll Cataldo Churchill Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Jochum Klemme Kremer Lamberti Larson Lord Main Martin May McCoy Mertz Metcalf Meyer Millage Mundie Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Weigel Welter Witt Van Maanen, Presiding The nays were, 18: Baker Bell Brand Branstad Cohoon Fallon Harper Holveck Koenigs Kreiman Larkin Mascher Moreland Murphy Running Shoultz Warnstadt Wise Absent or not voting, 2: Brammer Ertl The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 481 be immediately messaged to the Senate. INTRODUCTION OF BILL House File 577, by committee on ways and means, a bill for an act relating to the creation of real estate improvement districts, authorizing the issuance of general obligation bonds and revenue bonds, the imposition of ad valorem property taxes, special assessments and fees, and other related matters. Read first time and placed on the ways and means calendar. RULES SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent to suspend the rules for the immediate consideration of House File 574. House File 574, a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for other properly related matters, and providing an effective date, was taken up for consideration. Brand of Benton offered the following amendment H-4087 filed by him from the floor and moved its adoption: H-4087 1 Amend House File 574 as follows: 2 1. Page 4, by inserting after line 18 the follow- 3 ing: "The insurance division shall adopt rules to 4 require a cost-based reimbursement for health services 5 provided by rural health clinics serving federal 6 health care manpower shortage areas." Amendment H-4087 lost. Hanson of Black Hawk offered the following amendment H-4079 filed by him from the floor and moved its adoption: H-4079 1 Amend House File 574 as follows: 2 1. Page 16, line 16, by inserting after the word 3 "training" the following: ", and". 4 2. Page 19, line 4, by striking the figure "8" 5 and inserting the following: "5". 6 3. Page 23, line 13, by inserting after the word 7 "finance," the following: "and". Amendment H-4079 was adopted. Kreiman of Davis asked and received unanimous to withdraw amendment H-4078 filed by Kreiman, Disney and Ertl from the floor. Kreiman of Davis offered amendment H-4080 filed by him from the floor as follows: H-4080 1 Amend House File 574 as follows: 2 1. Page 24, by inserting before line 1 the 3 following: 4 "Sec. 101. Section 476.6, Code 1995, is amended by 5 adding the following new subsection: 6 NEW SUBSECTION. 22. If a rate-regulated public 7 utility acquires all or part of another rate-regulated 8 utility, the acquired public utility service area 9 shall be considered a separate service area of the 10 public utility for the purpose of determining customer 11 rates, charges, and schedules. The board shall 12 approve rate adjustments, charges, and schedules only 13 which reflect the differences between the customer 14 rates, charges, and schedules of the separate service 15 areas at the time of acquisition." 16 2. Page 24, line 1, by inserting after the words 17 "and section" the following: "101, being deemed of 18 immediate importance, take effect upon enactment. 19 Section 101 of this Act is retroactive to April 1, 20 1995. Section". 21 3. Title page, line 3, by inserting after the 22 word "for" the following: "regulatory authority and". 23 4. Title page, line 4, by inserting after the 24 word "date" the following: "and retroactive date". Millage of Scott rose on a point of order that amendment H-4080 was not germane. The Speaker ruled the point well taken and amendment H-4080 not germane. Murphy of Dubuque offered the following amendment H-4109 filed by him from the floor and moved its adoption: H-4109 1 Amend House File 574 as follows: 2 1. Page 5, by striking lines 19 through 22. Roll call was requested by Running of Linn and Murphy of Dubuque. Rule 75 was invoked. On the question "Shall amendment H-4109 be adopted?" (H.F. 574) The ayes were, 34: Baker Bell Bernau Boggess Brand Burnett Cataldo Cohoon Connors Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt The nays were, 63: Arnold Blodgett Boddicker Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 3: Brammer McCoy Mertz Amendment H-4109 lost. Rule 76 invoked, McCoy of Polk and Mertz of Kossuth invoked Rule 76, conflict of interest, and refrained from voting. Murphy of Dubuque offered the following amendment H-4110 filed by him from the floor and moved its adoption: H-4110 1 Amend House File 574 as follows: 2 1. Page 15, line 2, by striking the figure 3 "1,959,287" and inserting the following: "1,899,287". 4 2. Page 15, line 3, by striking the figure 5 "29.00" and inserting the following: "28.00". Amendment H-4110 lost. Hanson of Black Hawk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 574) The ayes were, 71: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Cataldo Churchill Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Murphy Nelson, B. Nutt O'Brien Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding The nays were, 26: Baker Bell Bernau Brand Burnett Cohoon Drees Fallon Jochum Koenigs Kreiman Larkin Mascher May Moreland Mundie Myers Nelson, L. Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt Absent or not voting, 3: Brammer McCoy Mertz The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Rule 76 invoked, McCoy of Polk and Mertz of Kossuth invoked Rule 76, conflict of interest and refrained from voting. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 574 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 26, 1995, adopted the following resolution in which the concurrence of the Senate was asked: House Joint Resolution 13, a joint resolution proposing an amendment to the Constitution of the State of Iowa relating to the equality of rights of men and women under the law. Also: That the Senate has on April 26, 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 215, a bill for an act to require that all inmates of the institutions under the control of the department of corrections perform hard labor. Also: That the Senate has on April 26, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 247, a bill for an act relating to the regulation of insurance, including the authority of the insurance division to regulate certain policies and contracts and parties to such policies and contracts, establishing fees, and providing civil penalties. Also: That the Senate has on April 26, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 257, a bill for an act relating to the administration of trusts and estates by corporate fiduciaries. Also: That the Senate has on April 26, 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 471, a bill for an act relating to prison time served by persons convicted of an aggravated misdemeanor or greater offense, by providing for changes in the mandatory minimum terms of sentences to be served, by permitting the imposition of up to ninety days of the total sentence in a county jail in addition to any terms of probation, and providing for a reduction in the amount of good and honor time that may be earned by forcible felons. Also: That the Senate has on April 26, 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 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. JOHN F. DWYER, Secretary SENATE AMENDMENTS CONSIDERED Halvorson of Clayton called up for consideration House File 247, a bill for an act relating to the regulation of insurance, including the authority of the insurance division to regulate certain policies and contracts and parties to such policies and contracts, establishing fees, and providing civil penalties, amended by the following Senate amendment H-4102: H-4102 1 Amend House File 247, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Sec. ___. Section 87.4, Code 1995, is amended by 6 adding the following new unnumbered paragraph: 7 NEW UNNUMBERED PARAGRAPH. The workers' 8 compensation premium written on a municipality which 9 is a member of an insurance pool which provides 10 workers' compensation insurance coverage to a 11 statewide group of municipalities, as defined in 12 section 670.1, shall not be considered in the 13 determination of any assessments levied pursuant to an 14 agreement established under section 515A.15." 15 2. Page 1, by inserting after line 5 the 16 following: 17 "Sec. ___. NEW SECTION. 505.22 CERTAIN RELIGIOUS 18 ORGANIZATION ACTIVITIES EXEMPT FROM REGULATION. 19 A religious organization which, through its 20 publication to subscribers, solicits funds for the 21 payment of medical expenses of other subscribers, 22 shall not be considered to be engaging in the business 23 of insurance for purposes of this chapter or any other 24 provision of Title XIII, and shall not be subject to 25 the jurisdiction of the commissioner of insurance, if 26 all of the following apply: 27 1. The religious publication is provided by a 28 nonprofit charitable organization described in section 29 501(c)(3) of the Internal Revenue Code. 30 2. Participation is limited to subscribers who are 31 members of the same denomination or religion. 32 3. The publication is registered with the United 33 States postal service and acts as an organizational 34 clearinghouse for information between subscribers who 35 have financial, physical, or medical needs, and 36 subscribers who choose to assist with those needs, 37 matching subscribers with the present ability to pay 38 with subscribers with a present financial or medical 39 need. 40 4. The organization, through its publication, 41 provides for the payment for subscriber financial or 42 medical needs through direct payments from one 43 subscriber to another. 44 5. The organization, through its publication, 45 suggests amounts to contribute that are voluntary 46 among the subscribers, with no assumption of risk or 47 promise to pay either among the subscribers or between 48 the subscribers and the publication." 49 3. Page 2, by inserting after line 2 the 50 following: Page 2 1 "Sec. ___. Section 507B.4, subsection 7, Code 2 1995, is amended by adding the following new 3 paragraph: 4 NEW PARAGRAPH. c. Making or permitting any 5 discrimination in the sale of insurance solely on the 6 basis of domestic abuse as defined in section 236.2." 7 4. Page 5, by inserting after line 9 the 8 following: 9 "Sec. ___. NEW SECTION. 514C.8 COORDINATION OF 10 HEALTH CARE BENEFITS WITH STATE MEDICAL ASSISTANCE. 11 1. An insurer, health maintenance organization, or 12 hospital and medical service plan providing health 13 care coverage to individuals in this state shall not 14 consider the availability of or eligibility for 15 medical assistance under Title XIX of the federal 16 Social Security Act and chapter 249A, when determining 17 eligibility of the individual for coverage or 18 calculating payments to the individual under the 19 health care coverage plan. 20 2. The state acquires the rights of an individual 21 to payment from an insurer, health maintenance 22 organization, or hospital or medical service plan to 23 the extent payment for covered expenses is made 24 pursuant to chapter 249A for health care items or 25 services provided to the individual. Upon 26 presentation of proof that payment was made pursuant 27 to chapter 249A for covered expenses, the insurer, 28 health maintenance organization, or hospital or 29 medical service plan shall make payment to the state 30 medical assistance program to the extent of the 31 coverage provided in the policy or contract. 32 3. An insurer shall not impose requirements on the 33 state with respect to the assignment of rights 34 pursuant to this section that are different from the 35 requirements applicable to an agent or assignee of a 36 covered individual. 37 4. For purposes of this section, "insurer" means 38 an entity which offers a health benefit plan, 39 including a group health plan under the federal 40 Employee Retirement Income Security Act of 1974. 41 Sec. ___. NEW SECTION. 514C.9 MEDICAL SUPPORT -- 42 INSURANCE REQUIREMENTS. 43 1. An insurer shall not deny coverage or 44 enrollment of a child under the health plan of the 45 obligor upon any of the following grounds: 46 a. The child is born out of wedlock. 47 b. The child is not claimed as a dependent on the 48 obligor's federal income tax return. 49 c. The child does not reside with the obligor or 50 in the insurer's service area. This section shall not Page 3 1 be construed to require a health maintenance 2 organization regulated under chapter 514B to provide 3 any services or benefits for treatment outside of the 4 geographic area described in its certificate of 5 authority which would not be provided to a member 6 outside of that geographic area pursuant to the terms 7 of the health maintenance organizations contract. 8 2. An insurer of an obligor providing health care 9 coverage to the child for which the obligor is legally 10 responsible to provide support shall do all of the 11 following: 12 a. Provide information to the obligee or other 13 legal custodian of the child as necessary for the 14 child to obtain benefits through the coverage of the 15 insurer. 16 b. Allow the obligee or other legal custodian of 17 the child, or the provider with the approval of the 18 obligee or other legal custodian of the child, to 19 submit claims for covered services without the 20 approval of the obligor. 21 c. Make payment on a claim submitted in paragraph 22 "b" directly to the obligee or other legal custodian 23 of the child, the provider, or the state medical 24 assistance agency for claims submitted by the obligee 25 or other legal custodian of the child, by the provider 26 with the approval of the obligee or other legal 27 custodian of the child, or by the state medical 28 assistance agency. 29 3. If an obligor is required by a court order or 30 administrative order to provide health coverage for a 31 child and the obligor is eligible for dependent health 32 coverage, the insurer shall do all of the following: 33 a. Allow the obligor to enroll under dependent 34 coverage a child who is eligible for coverage pursuant 35 to the applicable terms and conditions of the health 36 benefit plan and the standard enrollment guidelines of 37 the insurer without regard to an enrollment season 38 restriction. 39 b. Enroll a child who is eligible for coverage 40 under the applicable terms and conditions of the 41 health benefit plan and the standard enrollment 42 guidelines of the insurer, without regard to any time 43 of enrollment restriction, under dependent coverage 44 upon application by the obligee or other legal 45 custodian of the child or by the department of human 46 services in the event an obligor required by a court 47 order or administrative order fails to apply for 48 coverage for the child. 49 c. Maintain coverage and not cancel the child's 50 enrollment unless the insurer obtains satisfactory Page 4 1 written evidence of any of the following: 2 (1) The court order or administrative order is no 3 longer in effect. 4 (2) The child is eligible for or will enroll in 5 comparable health coverage through an insurer which 6 shall take effect not later than the effective date of 7 the cancellation of enrollment of the original 8 coverage. 9 (3) The employer has eliminated dependent health 10 coverage for its employees. 11 (4) The obligor is no longer paying the required 12 premium because the employer no longer owes the 13 obligor compensation, or because the obligor's 14 employment has terminated and the obligor has not 15 elected to continue coverage. 16 4. A group health plan shall establish reasonable 17 procedures to determine whether a child is covered 18 under a qualified medical child support order issued 19 pursuant to chapter 252E. The procedures shall be in 20 writing, provide for prompt notice of each person 21 specified in the medical child support order as 22 eligible to receive benefits under the group health 23 plan upon receipt by the plan of the medical child 24 support order, and allow an obligee or other legal 25 custodian of the child under chapter 252E to designate 26 a representative for receipt of copies of notices in 27 regard to the medical child support order that are 28 sent to the obligee or other legal custodian of the 29 child and the department of human services' child 30 support recovery unit. 31 5. For purposes of this section, unless the 32 context otherwise requires: 33 a. "Child" means a person, other than an obligee's 34 spouse or former spouse, who is recognized under a 35 qualified medical child support order as having a 36 right to enrollment under a group health plan as the 37 obligor's dependent. 38 b. "Court order" or "administrative order" means a 39 ruling by a court or administrative agency in regard 40 to the support an obligor shall provide to the 41 obligor's child. 42 c. "Insurer" means an entity which offers a health 43 benefit plan. 44 d. "Obligee" means an obligee as defined in 45 section 252E.1. 46 e. "Obligor" means an obligor as defined in 47 section 252E.1. 48 f. "Qualified medical child support order" means a 49 child support order which creates or recognizes a 50 child's right to receive health benefits for which the Page 5 1 child is eligible under a group health benefit plan, 2 describes or determines the type of coverage to be 3 provided, specifies the length of time for which the 4 order applies, and specifies the plan to which the 5 order applies. 6 Sec. ___. NEW SECTION. 514C.10 COVERAGE FOR 7 ADOPTED CHILD. 8 1. DEFINITIONS. For purposes of this section, 9 unless the context otherwise requires: 10 a. "Child" means, with respect to an adoption or a 11 placement for adoption of a child, an individual who 12 has not attained age eighteen as of the date of the 13 issuance of a final adoption decree, or upon an 14 interlocutory adoption decree becoming a final 15 adoption decree, as provided in chapter 600, or as of 16 the date of the placement for adoption. 17 b. "Placement for adoption" means the assumption 18 and retention of a legal obligation for the total or 19 partial support of the child in anticipation of the 20 adoption of the child. The child's placement with a 21 person terminates upon the termination of such legal 22 obligation. 23 2. COVERAGE REQUIRED. A policy or contract 24 providing for third-party payment or prepayment of 25 health or medical expenses shall provide coverage 26 benefits to a dependent child adopted by, or placed 27 for adoption with, an insured or enrollee under the 28 same terms and conditions as apply to a biological, 29 dependent child of the insured or enrollee. The 30 issuer of the policy or contract shall not restrict 31 coverage under the policy or contract for a dependent 32 child adopted by, or placed for adoption with, the 33 insured or enrollee solely on the basis of a 34 preexisting condition of such dependent child at the 35 time that the child would otherwise become eligible 36 for coverage under the plan, if the adoption or 37 placement occurs while the insured or enrollee is 38 eligible for coverage under the policy or contract. 39 This section applies to the following classes of 40 third-party payment provider contracts or policies 41 delivered, issued for delivery, continued, or renewed 42 in this state on or after July 1, 1995: 43 a. Individual or group accident and sickness 44 insurance providing coverage on an expense-incurred 45 basis. 46 b. An individual or group hospital or medical 47 service contract issued pursuant to chapter 509, 514, 48 or 514A. 49 c. An individual or group health maintenance 50 organization contract regulated under chapter 514B. Page 6 1 d. An individual or group Medicare supplemental 2 policy, unless coverage pursuant to such policy is 3 preempted by federal law. 4 e. An organized delivery system licensed by the 5 director of public health." 6 5. Page 8, by striking lines 6 through 18 and 7 inserting the following: 8 "Sec. ___. Section 515A.15, Code 1995, is amended 9 to read as follows: 10 515A.15 ASSIGNED RISKS. 11 Agreementsmayshall be made among insurers with 12 respect to the equitable apportionment among them of 13 insurance which may be afforded applicants who are in 14 good faith entitled to but who are unable to procure 15 such insurance through ordinary methods and such 16 insurers may agree among themselves on the use of 17 reasonable rate modifications for such insurance,such18 the agreements and rate modifications to be subject to 19 the approval of the commissioner. 20 For purposes of this section, "insurer" includes, 21 in addition to insurers defined pursuant to section 22 515A.2, a self-insurance association formed on or 23 after July 1, 1995, pursuant to section 87.4 except 24 for an association comprised of cities or counties, or 25 both, or an association comprised of community 26 colleges as defined in section 260C.2, which have 27 entered into an agreement pursuant to chapter 28E for 28 the purpose of establishing a self-insured program for 29 the payment of workers' compensation benefits." 30 6. Page 16, lines 2 and 3, by striking the words 31 "REFUSED -- ADMINISTRATIVE PENALTY" and inserting the 32 following: "SUSPENSION". 33 7. Page 16, by striking lines 7 through 20 and 34 inserting the following: "this chapter". 35 8. Page 24, lines 19 and 20, by striking the 36 words "REFUSED -- ADMINISTRATIVE PENALTY" and 37 inserting the following: "SUSPENSION". 38 9. By striking page 24, line 24, through page 25, 39 line 2, and inserting the following: "with this 40 chapter". 41 10. Page 25, by striking lines 3 through 8 and 42 inserting the following: 43 "Sec. ___. Section 521.1, Code 1995, is amended to 44 read as follows: 45 521.1 DEFINITIONS. 46 "Company" or "companies" when used in this chapter 47 means a company or association organized under chapter 48 508, 511, 515, 518, 518A, or 520,except county49mutualsand includes a mutual insurance holding 50 company organized pursuant to section 521A.14." Page 7 1 11. Page 25, by inserting after line 26 the 2 following: 3 "Sec. ___. NEW SECTION. 521A.14 MUTUAL INSURANCE 4 HOLDING COMPANIES. 5 1. a. A domestic mutual insurance company upon 6 approval of the commissioner, may reorganize by 7 forming an insurance holding company based upon a 8 mutual plan and continuing the corporate existence of 9 the reorganizing insurance company as a stock 10 insurance company. The commissioner, after a public 11 hearing as provided in section 521A.3, subsection 4, 12 paragraph "b", if satisfied that the interests of the 13 policyholders are properly protected and that the plan 14 of reorganization is fair and equitable to the 15 policyholders, may approve the proposed plan of 16 reorganization and may require as a condition of 17 approval such modifications of the proposed plan of 18 reorganization as the commissioner finds necessary for 19 the protection of the policyholder's interests. The 20 commissioner may retain consultants as provided in 21 section 521A.3, subsection 4, paragraph "c". A 22 reorganization pursuant to this section is subject to 23 section 521A.3, subsections 1, 2, and 3. The 24 commissioner shall retain jurisdiction over a mutual 25 insurance holding company organized pursuant to this 26 section to assure that policyholder interests are 27 protected. 28 b. All of the initial shares of the capital stock 29 of the reorganized insurance company shall be issued 30 to the mutual insurance holding company. The 31 membership interests of the policyholders of the 32 reorganized insurance company shall become membership 33 interests in the mutual insurance holding company. 34 Policyholders of the reorganized insurance company 35 shall be members of the mutual insurance holding 36 company in accordance with the articles of 37 incorporation and bylaws of the mutual insurance 38 holding company. The mutual insurance holding company 39 shall at all times own a majority of the voting shares 40 of the capital stock of the reorganized insurance 41 company. 42 2. a. A domestic mutual insurance company, upon 43 the approval of the commissioner, may reorganize by 44 merging its policyholders membership interests into a 45 mutual insurance holding company formed pursuant to 46 subsection 1 and continuing the corporate existence of 47 the reorganizing insurance company as a stock 48 insurance company subsidiary of the mutual insurance 49 holding company. The commissioner, after a public 50 hearing as provided in section 521A.3, subsection 4, Page 8 1 paragraph "b", if satisfied that the interest of the 2 policyholders are properly protected and that the 3 merger is fair and equitable to the policyholders, may 4 approve the proposed merger and may require as a 5 condition of approval such modifications of the 6 proposed merger as the commissioner finds necessary 7 for the protection of the policyholder's interests. 8 The commissioner may retain consultants as provided in 9 section 521A.3, subsection 4, paragraph "c". A merger 10 pursuant to this section is subject to section 521A.3, 11 subsections 1, 2, and 3. The commissioner shall 12 retain jurisdiction over the mutual insurance holding 13 company organized pursuant to this section to assure 14 that policyholder interests are protected. 15 b. All of the initial shares of the capital stock 16 of the reorganized insurance company shall be issued 17 to the mutual insurance holding company. The 18 membership interests of the policyholders of the 19 reorganized insurance company shall become membership 20 interests in the mutual insurance holding company. 21 Policyholders of the reorganized insurance company 22 shall be members of the mutual insurance holding 23 company in accordance with the articles of 24 incorporation and bylaws of the mutual insurance 25 holding company. The mutual insurance holding company 26 shall at all times own a majority of the voting shares 27 of the capital stock of the reorganized insurance 28 company. A merger of policyholder's membership 29 interests in a mutual insurance company into a mutual 30 insurance holding company shall be deemed to be a 31 merger of insurance companies pursuant to chapter 521 32 and chapter 521 is also applicable. 33 3. A mutual insurance holding company resulting 34 from the reorganization of a domestic mutual insurance 35 company organized under chapter 491 shall be 36 incorporated pursuant to chapter 491. This 37 requirement shall supersede any conflicting provisions 38 of section 491.1. The articles of incorporation and 39 any amendments to such articles of the mutual 40 insurance holding company shall be subject to approval 41 of the commissioner and the attorney general in the 42 same manner as those of an insurance company. 43 4. A mutual insurance holding company is deemed to 44 be an insurer subject to chapter 507C and shall 45 automatically be a party to any proceeding under 46 chapter 507C involving an insurance company which as a 47 result of a reorganization pursuant to subsection 1 or 48 2 is a subsidiary of the mutual insurance holding 49 company. In any proceeding under chapter 507C 50 involving the reorganized insurance company, the Page 9 1 assets of the mutual insurance holding company are 2 deemed to be assets of the estate of the reorganized 3 insurance company for purposes of satisfying the 4 claims of the reorganized insurance company's policy- 5 holders. A mutual insurance holding company shall not 6 dissolve or liquidate without the approval of the 7 commissioner or as ordered by the district court 8 pursuant to chapter 507C. 9 5. a. Chapters 508B and 515G are not applicable 10 to a reorganization or merger pursuant to this 11 section. 12 b. Chapter 508B is applicable to demutualization 13 of a mutual insurance holding company which resulted 14 from the reorganization of a domestic mutual life 15 insurance company organized under chapter 508 as if it 16 were a mutual life insurance company. 17 c. Chapter 515G is applicable to demutualization 18 of a mutual insurance holding company which resulted 19 from the reorganization of a domestic mutual property 20 and casualty insurance company organized under chapter 21 515 as if it were a mutual property and casualty 22 insurance company. 23 6. A membership interest in a domestic mutual 24 insurance holding company shall not constitute a 25 security as defined in section 502.102." 26 12. Page 27, by inserting after line 1 the 27 following: 28 "Sec. ___. The Code editor is directed to codify 29 new section 521A.14, as enacted in this Act, as a 30 separate division of chapter 521A." 31 13. Title page, by striking line 4 and inserting 32 the following: "contracts, providing for coordination 33 of health care benefits with state medical assistance 34 and for continuation of health care benefits pursuant 35 to court-ordered medical child support and for 36 coverage for an adopted child,". 37 14. By renumbering, relettering, or redesignating 38 and correcting internal references as necessary. Siegrist of Pottawattamie asked and received unanimous consent to defer action on the House File 247, Senate amendment H-4102 pending. Boddicker of Cedar called up for consideration Senate File 208, a bill for an act relating to child abuse and termination of parental rights provisions, and providing an effective date, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-4082 to the House amendment: H-4082 1 Amend the House amendment, S-3501, to Senate File 2 208, as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. Page 1, by inserting after line 11 the 5 following: 6 " . Page 3, by striking lines 20 through 22 and 7 inserting the following: 8 "e. Develop protocols for and establish a 9 committee to review child abuse investigations which 10 involve the death of a child. 11 4. The following individuals shall designate a 12 liaison to assist the review team in fulfilling its 13 responsibilities: 14 a. Director of public health. 15 b. Director of human services. 16 c. Commissioner of public safety. 17 d. Administrator of the division of vital records 18 of the Iowa department of public health. 19 e. Attorney general. 20 f. Director of transportation. 21 g. Director of the department of education."" 22 2. Page 1, by striking lines 12 through 14 and 23 inserting the following: 24 " . Page 4, line 35, by inserting after the 25 word "state" the following: ", each of which is at 26 least the size of a departmental county cluster,"." 27 3. By renumbering, relettering, or redesignating 28 and correcting internal references as necessary. The motion prevailed and the House concurred in the Senate amendment H-4082, to the House amendment. Boddicker of Cedar moved that the bill, as amended by the House, further amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 208) The ayes were, 98: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 2: Brammer Connors 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 208 be immediately messaged to the Senate. The House resumed consideration of House File 247, a bill for an act relating to the regulation of insurance, including the authority of the insurance division to regulate certain policies and contracts and parties to such policies and contracts, establishing fees, and providing civil penalties, previously deferred and the Senate amendment H-4102 pending. Shoultz of Black Hawk offered the following amendment H-4113, to the Senate amendment H-4102, filed by him from the floor and moved its adoption: H-4113 1 Amend the Senate amendment, H-4102, to House File 2 247, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 1, by striking lines 15 through 48. 5 2. By renumbering as necessary. Amendment H-4113 lost. On motion by Halvorson of Clayton, the House concurred in the Senate amendment H-4102. Halvorson of Clayton moved that the bill, amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 247) The ayes were, 90: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Mundie Myers Nelson, B. Nelson, L. Nutt O'Brien Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, 7: Harper Moreland Murphy Ollie Running Schrader Shoultz Absent or not voting, 3: Brammer Connors Tyrrell The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 247 be immediately messaged to the Senate. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 26, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 565, a bill for an act establishing a school-to-work planning and implementation program focusing on career pathways for students. JOHN F. DWYER, Secretary EXPLANATION OF VOTE I was necessarily absent from the House chamber on Tuesday, April 25, 1995. Had I been present, I would have voted "nay " on House File 530, and "aye" on amendment H-4023 to House File 567 and Senate Files 93, 459 and 475. BERNAU of Story I was necessarily absent from the House chamber on Tuesday, April 25, 1995. Had I been present, I would have voted "aye" on House File 530 and on amendment H-4023 to House File 567, and Senate Files 93, 459 and 475. BURNETT of Story I was necessarily absent from the House chamber on April 25, 1995. Had I been present, I would have voted "aye" on House File 530 and Senate Files 93, 459, and 475. EDDIE of Buena Vista I was necessarily absent from the House chamber on Monday, April 24, 1995. Had I been present, I would have voted "aye" on House File 571. LARSON of Linn BILLS SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on April 25, 1995, he approved and transmitted to the Secretary of State the following bills: House File 113, an act relating to the definition of resident for the purpose of obtaining licenses to hunt, fish, trap, or take protected species of animals and providing for other properly related matters. House File 128, an act relating to administrative procedures and the joint investment of funds of rural water districts. House File 139, an act relating to the disclosure of the methods used by insurance companies and nonprofit health service corporations to determine the usual and customary fees for dental care benefit coverages. House File 217, an act relating to education requirements for nurses. House File 289, an act relating to solid waste tonnage fees. House File 346, an act relating to the verification and defendant's signature required for uniform citations and complaints and to providing false information on a uniform citation and complaint and making an existing penalty applicable. House File 483, an act relating to activities of the department of human services, including provisions involving the state hospital-schools and other institutions, commitments of persons with mental retardation, and the department's public housing unit. House File 554, an act relating to state and local taxes including appeals of department of revenue and finance actions, the prohibition of unconstitutional or illegal tax collections, assessment procedures pertaining to amended returns, corporate income tax rates, sales tax on test laboratory services, collection of sales tax by out-of-state retailers, interest accrual on sales and use tax refunds, sales tax permit denial for delinquent taxes, bonding provisions for sales tax and environmental protection charge contested case decisions, costs associated with contested case hearings, penalty for underpayment of corporation income and franchise taxes, services subject to use tax, penalty for underpayment of use tax, the repeal of obsolete property tax provisions, and imposition of the drug excise tax on unprocessed marijuana plants and providing effective and applicability date provisions. House File 556, an act relating to the definition of entities eligible for property tax exemption for construction of speculative shell buildings. Also: The Governor announced that on April 26, 1995, he approved and transmitted to the Secretary of State the following bills: Senate File 82, an act relating to medical assistance provisions including those relating to presumptive eligibility for pregnant women and the estates and trusts of recipients of medical assistance and providing an effective date. Senate File 87, an act relating to nonsubstantive Code corrections, and providing effective and applicability date provisions. Senate File 132, an act relating to compensation for victims of crimes, by providing for compensation to secondary victims of crimes and increasing the maximum amount that may be recovered for loss of work income due to injuries received by victims. Senate File 142, an act establishing felonious child endangerment as a nonbailable offense. Senate File 164, an act relating to the meetings of the commission on the status of African-Americans. Senate File 197, an act relating to the confidentiality of financial information provided to the department of agriculture and land stewardship and providing an effective date. Senate File 202, an act relating to public health issues, including certain birth certificates and licensing of athletic trainers. Senate File 206, an act striking Code language that conflicts with federal work-study program requirements and language relating to unfunded programs administered by the college student aid commission, and repealing from the Code certain unfunded programs administered by the college student aid commission. Senate File 207, an act relating to the distribution and sale of beer, providing for the regulation of brewer and wholesaler agreements, prohibiting certain conduct, providing for the transfer of business assets, providing judicial remedies, specifying applicability, and providing for other properly related matters. Senate File 215, an act relating to agricultural management account moneys and county grants for private rural water well, testing, sealing, and closure. Senate File 225, an act eliminating requirements for competitive bids regarding the printing of election ballots. Senate File 226, an act relating to the disposition of valueless mobile homes, modular homes, and manufactured homes. Senate File 229, an act eliminating certain requirements regarding the purchase of coal by public agencies. Senate File 272, an act relating to the validity of a notarial act by an officer, director, or shareholder of a corporation and providing for retroactive application. Senate File 292, an act relating to the powers and duties of the department of natural resources by authorizing the use of certain revenue to repay loans related to sewage collection and treatment plants in state parks and recreation areas. Senate File 311, an act relating to symbols indicating medical directives on a validation document for license renewal by mail and on a driver's license or nonoperator's identification card. Senate File 346, an act relating to the establishment of practitioner review committees for the purposes of evaluating and monitoring practitioners who self-report physical or mental impairments. Senate File 347, an act establishing a study regarding the inclusion of health care coverage costs for preventive care services and mental health and substance abuse treatment services under basic and standard health benefit plans, and providing for conditional effectiveness. Senate File 371, an act relating to prohibiting a polygraph examination of a victim of sexual abuse as a precondition to an investigation by a law enforcement agency. Senate File 377, an act relating to the payment of patronage dividends by cooperative associations which are public utilities. Senate File 385, an act authorizing the appointment of a city board of review by certain cities. Senate File 386, an act relating to restitution in certain traffic offenses which are simple misdemeanors. Senate File 406, an act extending the periods in which a school or school district may apply to the department of education to waive the requirement that the school or school district provide an articulated sequential elementary-secondary guidance program and the requirement that the school or school district provide a media services program. Senate File 407, an act relating to alkaline manganese batteries. Senate File 409, an act relating to the activities of clerks of the district court, and providing additional court fees. Senate File 428, an act to provide for the reciprocal rendition of prisoners as witnesses in criminal proceedings and providing an effective date. Senate File 436, an act relating to certification and employment provisions involving state abuse registries by providing access for purposes of certifying sex offender treatment providers, for certain publicly operated facilities or programs, for certain purposes of public employers, and requiring records checks for purposes of employment by certain medical assistance program service providers. Senate File 437, an act relating to the entitlement to benefits and dividends under the Iowa public employees' retirement system, and providing effective and retroactive applicability date provisions. Senate File 438, an act relating to juvenile justice including notice requirements for certain hearings and authorizing associate juvenile judges to perform marriage ceremonies. Senate File 439, an act relating to making false reports to law enforcement agencies, making spurious calls to emergency 911 communications centers, or providing false information on citations and establishing penalties and providing a conditional effective date. Senate File 443, an act to prohibit assaults upon peace officers, basic emergency medical care providers, advanced emergency medical care providers, and fire fighters by providing penalties and enhancing penalties for resisting or obstructing peace officers, basic emergency medical care providers, advanced emergency medical care providers, and fire fighters who are performing their duties. PRESENTATION OF VISITORS Nelson of Pottawattamie presented to the House, the Honorable Emil Pavich, former member of the House representing Pottawattamie County. The Speaker announced that the following visitors were present in the House chamber: Sixty-five sixth grade students from Manson-Northwest Webster, Barnum, accompanied by Mrs. Moeding. By Mundie of Webster. Five students from East Marshall High School, Le Grand. By Nelson of Marshall. Fifty-three eighth grade students from St Edwards School, Waterloo, accompanied by Don Sullivan and Caroline Miecznikowski. By Hanson, Harper and Shoultz of Black Hawk. Thirty-five twelfth grade students from Dunkerton High School, Dunkerton, accompanied by George Pickup. By Kremer of Buchanan. Forty fifth, sixth and seventh grade students from Lutheran Interparish School, Williamsburg, accompanied by Andy Armbrecht and Marna Dunn. By Tyrrell of Iowa. Fifty-four fourth grade students from Stuart-Menlo Elementary, Menlo, accompanied by Rosella Tisl, Ann Vanderheiden and Debbie Statler. By Dinkla of Guthrie. Fifty fifth grade students from Pleasant Hill Elementary, Pleasant Hill, accompanied by Sue Stanley and Staci Funk. By Disney of Polk. CERTIFICATES OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificates of recognition have been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1995\258 Verl and Joan Howell, Maquoketa - For celebrating their 50th wedding anniversary. 1995\259 Milton and Arleta Scheckel, Springbrook - For celebrating their 50th wedding anniversary. 1995\260 Delia Struble, Spragueville - For celebrating her 90th birthday. 1995\261 Ruth Lenz, Maquoketa - For celebrating her 92nd birthday. 1995\262 Bertha Irwin, Maquoketa - For celebrating her 101st birthday. 1995\263 Brian Biggs, Burlington - For his nomination and selection as a finalist to the Iowa Academic All-State Team. 1995\264 Paul and Edith Voss, Montezuma - For celebrating their 50th wedding anniversary. SUBCOMMITTEE ASSIGNMENT Senate File 482 Judiciary: Lamberti, Chair; Grubbs and Kreiman. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendations have been received and are on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON APPROPRIATIONS Committee Bill (Formerly House File 472), establishing the Iowa hope loan program, creating an Iowa hope loan fund, allocating gaming revenues and making an appropriation, and providing for other properly related matters. Fiscal Note is not required. Recommended Amend and Do Pass April 25, 1995. Committee Bill, relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for other properly related matters, and providing an effective date. Fiscal Note is not required. Recommended Do Pass April 25, 1995. COMMITTEE ON WAYS AND MEANS Senate File 472, a bill for an act relating to the local option sales and services tax by authorizing political subdivisions that will receive revenues from the tax to issue bonds in anticipation of the receipt of the revenues and providing an effective date and a retroactive applicability date. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-4098 April 26, 1995. Senate File 473, a bill for an act relating to the refund of property taxes paid erroneously and providing effective and retroactive applicability dates. Fiscal Note is not required. Recommended Do Pass April 26, 1995. Committee Bill (Formerly House File 222), relating to the establishment of home development districts. Fiscal Note is not required. Recommended Amend and Do Pass April 25, 1995. Committee Bill (Formerly House Study Bill 296), relating to the assessment of certain long distance telephone companies for purposes of property taxation. Fiscal Note is not required. Recommended Amend and Do Pass April 26, 1995. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 331 Ways and Means Relating to the valuation of residential and agricultural property by limiting the percentage of actual value at which residential property is to be taxed and removing the restriction that prevented each class from increasing in valuation faster than the other and providing effective and applicability date provisions. H.S.B. 332 Ways and Means Relating to tax provisions involving state income tax, certain county property tax and services associated with mental health and developmental disabilities services, the county property tax limitation, and property tax on industrial machinery, equipment and computers, and providing effective and applicability dates. RESOLUTIONS FILED HCR 40, by Fallon, Siegrist, Baker and Grundberg, a concurrent resolution designating June 17, 1995, as the day to celebrate the ending of slavery and to recognize the worth and value of all people. Laid over under Rule 25. HR 10, by Daggett, Grubbs, Grundberg and Gries, a resolution requesting an interim study committee to review state school mandates and the unfunded or underfunded elements of the school aid formula. Laid over under Rule 25. HR 11, by Grundberg and McCoy, a resolution relating to Iowans' concerns for their children's education.. Laid over under Rule 25. AMENDMENTS FILED H-4084 H.F. 575 Metcalf of Polk H-4098 S.F. 472 Committee on Ways and Means H-4104 H.F. 572 Shoultz of Black Hawk H-4106 H.F. 572 Shoultz of Black Hawk H-4108 S.F. 266 Gries of Crawford Daggett of Union Nelson of Pottawattamie Myers of Johnson H-4111 H.F. 572 Grundberg of Polk H-4112 S.F. 266 Shoultz of Black Hawk H-4114 H.F. 577 Disney of Polk H-4115 S.F. 266 Grubbs of Scott Greig of Emmet H-4116 H.F. 565 Senate Amendment On motion by Siegrist of Pottawattamie, the House adjourned at 11:22 p.m. until 8:45 a.m., Thursday, April 27, 1995.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 1)
© 1995 Cornell College and League of Women Voters of Iowa
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