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One Hundred-fourteenth Calendar Day - Seventy-fifth Session Day Hall of the House of Representatives Des Moines, Iowa, Tuesday, May 2, 1995 The House met pursuant to adjournment at 9:10 a.m., Speaker Corbett in the chair. Prayer was offered by the Honorable Ralph Klemme, state representative from Plymouth County. The Journal of Monday, May 1, 1995 was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Connors of Polk, until his return, on request of Schrader of Marion. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on May 1, 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 508, a bill for an act relating to underground storage tanks by increasing the environmental protection charge, providing for the use of risk-based corrective action standards, expanding property transfer insurance and loan guarantees, extending the compliance date for upgrade requirements, relating to cost recovery, creating marketability and innocent landowner funds and providing benefits, requiring certification of groundwater professionals and creating a penalty, requiring a study, and providing for repeals, and implementation, effective date, and retroactive applicability provisions. Also: Mr. Speaker the Senate has on May 1, 1995, insisted on its amendment to House File 572, a bill for an act relating to imposing a prison and jail surcharge on scheduled fines and forfeitures and providing for the appropriation and disposition of the proceeds from the surcharge for prisons and jails, and the members of the Conference Committee on the part of the Senate are: the Senator from Henry, Senator Vilsack, Chair; the Senator from Marshall, Senator Giannetto; the Senator from Woodbury, Senator Hansen; the Senator from Muscatine, Senator Drake; and the Senator from Jones, Senator McKean. Also: That the Senate has on May 1, 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 13, a bill for an act relating to the establishment of a decision-making process for prospective minor parents, providing penalties, and providing effective dates. Also: That the Senate has on May 1, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 478, a bill for an act relating to the state franchise tax imposed on financial institutions by disallowing the deduction for expenses related to a financial institution's investment in investment subsidiaries and providing effective and applicability dates. Also: That the Senate has on May 1, 1995, amended the House amendment, concurred in the House amendment as amended, and adopted the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 3, a concurrent resolution relating to the compensation of chaplains, officers and employees of the seventy-sixth general assembly. JOHN F. DWYER, Secretary SENATE MESSAGES CONSIDERED Senate File 478, by committee on ways and means, a bill for an act relating to the state franchise tax imposed on financial institutions by disallowing the deduction for expenses related to a financial institution's investment in investment subsidiaries and providing effective and applicability dates. Read first time and referred to committee on ways and means. CONFERENCE COMMITTEE APPOINTED (House File 572) The Speaker announced the appointment of the conference committee to consider the differences between the House and Senate concerning House File 572: Lamberti of Polk, Chair; Garman of Story, Weidman of Cass, Moreland of Wapello and Kreiman of Davis. The House stood at ease at 9:22 a.m., until the fall of the gavel. The House reconvened at 11:28 a.m., Speaker Corbett in the chair. SENATE AMENDMENT CONSIDERED Wise of Lee called up for consideration House File 565, a bill for an act establishing a school-to-work planning and implementation program focusing on career pathways for students, amended by the Senate amendment H-4116 as follows: H-4116 1 Amend House File 565, as amended, passed, and 2 reprinted by the House, as follows: 3 1. By striking everything after the enacting 4 clause and inserting the following: 5 "Section 1. NEW SECTION. 256.17 CAREER PATHWAYS 6 PROGRAM. 7 1. If the general assembly appropriates moneys for 8 the establishment of a career pathways program, the 9 department of education shall develop a career 10 pathways grant program, criteria for the formation of 11 ongoing career pathways consortia in each merged area, 12 and guidelines and a process to be used in selecting 13 career pathways consortium grant recipients, including 14 a requirement that grant recipients shall provide 15 matching funds or match grant funds with in-kind 16 resources on a dollar-for-dollar basis. A consortium 17 shall include one or more school districts and may 18 include, but is not limited to, parents and parent 19 organizations, representatives from elementary, 20 secondary, postsecondary, and vocational education 21 institutions, appropriate state agencies and 22 departments, and business, labor, community service, 23 and nonprofit organizations. Regional school-to-work 24 partnerships may participate wherever possible. The 25 department shall provide assistance to consortia in 26 planning and implementing career pathways program 27 efforts. 28 2. To be eligible for a career pathways grant, a 29 career pathways consortium shall develop a career 30 pathways program that may include, but is not limited 31 to, the following: 32 a. Provision for an employability skills 33 assessment to public or nonpublic school students at 34 the eighth and twelfth grade levels. The 35 employability skills assessment shall measure 36 employability skills that include, but are not limited 37 to, reading for information, applied mathematics, 38 listening, and writing. 39 b. Commitment to develop and implement, 40 strengthen, and enhance a relevant curriculum for the 41 world of work, which includes career paths leading to 42 baccalaureate or associate degrees, apprenticeships, 43 or employment. The completed set of courses for the 44 career path should articulate with postsecondary 45 institutions. This curriculum shall be based on the 46 results of the employability skills assessment to 47 ensure student success in achieving basic skills for 48 the workplace. The commitment shall include a plan to 49 alter the curriculum in order to address deficiencies 50 in the basic skills for the workplace identified by Page 2 1 the employability skills assessment. 2 c. Curricula designed to integrate academic and 3 work-based learning to achieve high employability 4 skills by all students related to career pathways. 5 The curricula shall be designed through the 6 cooperative efforts of members of the consortia. 7 d. Involvement and recognition of local business, 8 labor, and community organizations as partners in the 9 career pathways program. 10 e. Provision for program accountability. 11 f. Provision for career guidance and exploration 12 by the tenth grade level. 13 g. Encouragement of team teaching within the 14 school or in partnership with postsecondary schools, 15 and business, labor, community, and nonprofit 16 organizations. 17 h. Service learning opportunities for students. 18 3. Business, labor, and community organizations 19 are encouraged to market the career pathways program 20 to the local community and provide students with 21 mentors, shadow professionals, speakers, field trip 22 sites, summer jobs, internships, and job offers for 23 students who graduate with high performance records. 24 Students are encouraged to volunteer their time to 25 community organizations in exchange for workplace 26 learning opportunities that do not displace current 27 employees. 28 4. In developing career pathways program efforts, 29 each consortium shall make every effort to cooperate 30 with the juvenile courts, the department of economic 31 development, the department of employment services, 32 the department of human services, and the new Iowa 33 schools development corporation. 34 5. The area education agency and community college 35 within each merged area shall provide support services 36 to assist the planning and implementation of career 37 pathways programs. 38 6. Not later than August 1, for the school year 39 beginning the preceding July 1, the board of directors 40 of a school district, or the authorities in charge of 41 a nonpublic school, or the board of directors of a 42 community college may annually file a written request 43 with the department of education that the department 44 waive rules relating to vocational education that have 45 been adopted by the state board since the enactment of 46 the 1989 Iowa Acts, chapter 278. A request for a 47 waiver filed by the board of directors of a school 48 district, the authorities in charge of a nonpublic 49 school, or board of directors of a community college 50 shall describe actions being taken by the district, Page 3 1 school, or community college to meet the requirement 2 for which the district, school, or community college 3 has requested a waiver. 4 7. The department of education shall direct and 5 monitor the progress of each career pathways 6 consortium in developing career pathways programs. By 7 January 15, 1998, the department shall submit to the 8 general assembly any findings and recommendations of 9 the career pathways consortia, along with the 10 department's recommendations for specific career 11 pathways program efforts and for appropriate funding 12 levels to implement and sustain the recommended 13 programs. 14 8. Notwithstanding section 8.33, unencumbered or 15 unobligated funds remaining on June 30 of the fiscal 16 year for which the funds were appropriated shall not 17 revert but shall be available for expenditure for the 18 following fiscal year for the purposes of this 19 section. 20 9. A career pathways program is a comprehensive 21 school transformation program under section 294A.14. 22 Sec. 2. NEW SECTION. 256.17A SCHOOL-TO-WORK 23 TRANSITION SYSTEM. 24 The departments of education, employment services, 25 and economic development shall develop a statewide 26 school-to-work transition system in consultation with 27 local school districts, community colleges, and labor, 28 business, and industry interests. The system shall be 29 designed to attain the following objectives: 30 1. Motivate youths to stay in school and become 31 productive citizens. 32 2. Set high standards by promoting higher academic 33 performance levels. 34 3. Connect work and learning so that the classroom 35 is linked to worksite learning and experience. 36 4. Ready students for work in order to improve 37 their prospects for immediate employment after leaving 38 school on paths that provide significant opportunity 39 to continued education and career development. 40 5. Engage employers and workers by promoting their 41 participation in the education of youth in order to 42 ensure the development of a skilled, flexible, entry- 43 level workforce. 44 6. Provide a framework to position the state to 45 access federal resources for state youth 46 apprenticeship systems and local programs. 47 Sec. 3. REPEAL. Section 258.18, Code 1995, is 48 repealed." 49 2. Title page, by striking lines 1 and 2 and 50 inserting the following: "An Act relating to a Page 4 1 school-to-work transition system and the establishment 2 of a career pathways program." Wise of Lee offered the following amendment H-4196, to the Senate amendment H-4116 filed by Wise, Gries, Hanson, Nelson of Marshall and Cohoon from the floor and moved its adoption: H-4196 1 Amend the Senate amendment, H-4116, to House File 2 565, as amended, passed, and reprinted by the House, 3 as follows: 4 1. By striking page 1, line 5, through page 3, 5 line 46, and inserting the following: 6 ""Section 1. NEW SECTION. 256.38 SCHOOL-TO-WORK 7 TRANSITION SYSTEM. 8 1. It is the policy of the state of Iowa to 9 provide an education system that prepares the students 10 of this state to meet the high skills demands of 11 today's workplace. The general assembly recognizes 12 the need to prepare students for any postsecondary 13 opportunity that leads to high-wage, high-skill 14 careers. In order to meet this need, the high school 15 curriculum must be redesigned so students appreciate 16 the relevance of academic course work, reach higher 17 levels of learning in science, math, and 18 communications skills, and acquire the ability to 19 apply this knowledge. Career pathways will modify 20 high school curricula and instruction to provide 21 students with opportunities to achieve high levels of 22 skills and knowledge within a broad range of related 23 career areas, which will require a variety of levels 24 of preparation. 25 2. The departments of education, employment 26 services, and economic development shall develop a 27 statewide school-to-work transition system in 28 consultation with local school districts, community 29 colleges, and labor, business, and industry interests. 30 The system shall be designed to attain the following 31 objectives: 32 a. Motivate youths to stay in school and become 33 productive citizens. 34 b. Set high standards by promoting higher academic 35 performance levels. 36 c. Connect work and learning so that the classroom 37 is linked to worksite learning and experience. 38 d. Ready students for work in order to improve 39 their prospects for immediate employment after leaving 40 school through career pathways that provide 41 significant opportunity to continued education and 42 career development. 43 e. Engage employers and workers by promoting their 44 participation in the education of youth in order to 45 ensure the development of a skilled, flexible, entry- 46 level workforce. 47 f. Provide a framework to position the state to 48 access federal resources for state youth 49 apprenticeship systems and local programs. 50 Sec. 2. NEW SECTION. 256.39 CAREER PATHWAYS Page 2 1 PROGRAM. 2 1. If the general assembly appropriates moneys for 3 the establishment of a career pathways program, the 4 department of education shall develop a career 5 pathways grant program, criteria for the formation of 6 ongoing career pathways consortia in each merged area, 7 and guidelines and a process to be used in selecting 8 career pathways consortium grant recipients, including 9 a requirement that grant recipients shall provide 10 matching funds or match grant funds with in-kind 11 resources on a dollar-for-dollar basis. A portion of 12 the moneys appropriated by the general assembly shall 13 be made available to schools to pay for the issuance 14 of employability skills assessments to public or 15 nonpublic school students. An existing partnership or 16 organization, including a regional school-to-work 17 partnership, that meets the established criteria, may 18 be considered a consortium for grant application 19 purposes. One or more school districts may be 20 considered a consortium for grant application 21 purposes, provided the district can demonstrate the 22 manner in which a community college, area education 23 agency, representatives from business and labor 24 organizations, and others as determined within the 25 region will be involved. Existing school-to-work 26 partnerships are encouraged to assist the local 27 consortia in developing a plan and budget. The 28 department shall provide assistance to consortia in 29 planning and implementing career pathways program 30 efforts. 31 2. To be eligible for a career pathways grant, a 32 career pathways consortium shall develop a career 33 pathways program that includes, but is not limited to, 34 the following: 35 a. Measure the employability skills of students. 36 Employability skills shall include, but are not 37 limited to, reading for information, applied 38 mathematics, listening, and writing. 39 b. Curricula designed to integrate academic and 40 work-based learning to achieve high employability 41 skills by all students related to career pathways. 42 The curricula shall be designed through the 43 cooperative efforts of secondary and postsecondary 44 education professionals, business professionals, and 45 community services professionals. 46 c. Staff development to implement the high- 47 standard curriculum. These efforts may include team 48 teaching techniques that utilize expertise from 49 partnership businesses and postsecondary institutions. 50 3. In addition to the provisions of subsection 2, Page 3 1 a career pathways program may include, but is not 2 limited to, the following: 3 a. Career guidance and exploration for students. 4 b. Involvement and recognition of business, labor, 5 and community organizations as partners in the career 6 pathways program. 7 c. Provision for program accountability. 8 d. Encouragement of team teaching within the 9 school or in partnership with postsecondary schools, 10 and business, labor, community, and nonprofit 11 organizations. 12 e. Service learning opportunities for students. 13 4. Business, labor, and community organizations 14 are encouraged to market the career pathways program 15 to the local community and provide students with 16 mentors, shadow professionals, speakers, field trip 17 sites, summer jobs, internships, and job offers for 18 students who graduate with high performance records. 19 Students are encouraged to volunteer their time to 20 community organizations in exchange for workplace 21 learning opportunities that do not displace current 22 employees. 23 5. In developing career pathways program efforts, 24 each consortium shall make every effort to cooperate 25 with the juvenile courts, the department of economic 26 development, the department of employment services, 27 the department of human services, and the new Iowa 28 schools development corporation. 29 6. The department of education shall direct and 30 monitor the progress of each career pathways 31 consortium in developing career pathways programs. By 32 January 15, 1998, the department shall submit to the 33 general assembly any findings and recommendations of 34 the career pathways consortia, along with the 35 department's recommendations for specific career 36 pathways program efforts and for appropriate funding 37 levels to implement and sustain the recommended 38 programs. 39 7. Notwithstanding section 8.33, unencumbered or 40 unobligated funds remaining on June 30 of the fiscal 41 year for which the funds were appropriated shall not 42 revert but shall be available for expenditure for the 43 following fiscal year for the purposes of this 44 section. 45 8. A career pathways program is a comprehensive 46 school transformation program under section 294A.14." Amendment H-4196 was adopted. On motion by Wise of Lee, the House concurred in the Senate amendment H-4116, as amended. Wise of Lee 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. 565) The ayes were, 96: Arnold Baker Bell Bernau Blodgett 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 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, 1: Boddicker Absent or not voting, 3: Brammer Connors Hurley 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 565 be immediately messaged to the Senate. HOUSE REFUSED TO CONCUR Boddicker of Cedar called up for consideration Senate File 13, a bill for an act relating to the establishment of a decision-making process for prospective minor parents, providing penalties, and providing effective dates, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-4195 to the House amendment: H-4195 1 Amend the House amendment, S-3055, to Senate File 2 13, as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. Page 1, by striking lines 11 and 12, and 5 inserting the following: "which a delay will create a 6 serious health risk or impairment of a major bodily 7 function." 8 2. Page 1, line 16, by inserting after the word 9 "minor" the following: ", a grandparent of a pregnant 10 minor, or an adult aunt or uncle of the pregnant 11 minor". 12 3. Page 1, line 29, by inserting after the word 13 "process" the following: "or other contractual 14 agreement". 15 4. Page 3, line 19, by inserting after the word 16 "minor." the following: "If the pregnant minor 17 decides to terminate parental rights following the 18 child's birth, a copy of the completed certification 19 form shall be attached to the petition for termination 20 of parental rights." 21 5. Page 3, line 41, by striking the figure "17." 22 and inserting the following: "17 and inserting the 23 following: 24 "Sec. ___. NEW SECTION. 135L.3 NOTIFICATION OF 25 PARENT OF PREGNANT MINOR PRIOR TO THE ADOPTION OF THE 26 CHILD. 27 Following compliance with the provisions of section 28 135L.2, a pregnant minor who chooses to place the 29 pregnant minor's child for adoption is subject to the 30 following conditions: 31 1. Notification of a parent of the pregnant minor 32 of the pregnant minor's decision to place the child 33 for adoption. Notification shall be made at least 34 twenty-four hours prior to the conducting of the 35 hearing on termination of parental rights and shall be 36 made in person or by mailing the notification by 37 restricted certified mail to the parent of the 38 pregnant minor at the usual place of abode of the 39 parent. For the purpose of delivery by restricted 40 certified mail, the time of delivery is deemed to 41 occur at twelve o'clock noon on the next day on which 42 regular mail delivery takes place, subsequent to the 43 mailing. 44 2. If the pregnant minor objects to the 45 notification of a parent, the pregnant minor may 46 petition the court to authorize waiver of the 47 notification requirement in accordance with the 48 following procedures: 49 a. The court shall ensure that the pregnant minor 50 is provided with assistance in preparing and filing Page 2 1 the petition for waiver of notification and shall 2 ensure that the pregnant minor's identity remains 3 confidential. 4 b. The pregnant minor may participate in the court 5 proceedings on the pregnant minor's own behalf. The 6 court may appoint a guardian ad litem for the pregnant 7 minor who may be the responsible adult and the court 8 shall appoint a guardian ad litem for the pregnant 9 minor if the pregnant minor is not accompanied by an 10 adult and if the pregnant minor has not viewed the 11 video as provided pursuant to section 135L.2. The 12 court shall advise the pregnant minor of the pregnant 13 minor's right to court-appointed legal counsel and 14 shall, upon the pregnant minor's request, provide the 15 pregnant minor with court-appointed legal counsel, at 16 no cost to the pregnant minor. 17 c. The court proceedings shall be conducted in a 18 manner which protects the confidentiality of the 19 pregnant minor and all court documents pertaining to 20 the proceedings shall remain confidential. Only the 21 pregnant minor, the pregnant minor's guardian ad 22 litem, the pregnant minor's legal counsel, and persons 23 whose presence is specifically requested by the 24 pregnant minor or by the pregnant minor's guardian ad 25 litem, or by the pregnant minor's legal counsel may 26 attend the hearing on the petition. 27 d. Notwithstanding any law or rule to the 28 contrary, the court proceedings under this section and 29 section 135L.4 shall be given precedence over other 30 pending matters to ensure that the court reaches a 31 decision expeditiously. 32 e. Upon petition and following an appropriate 33 hearing, the court shall waive the notification 34 requirements if the court determines either of the 35 following: 36 (1) That the pregnant minor is mature and capable 37 of providing informed consent to the termination of 38 parental rights for the purposes of adoption of the 39 pregnant minor's child. 40 (2) That the minor is not mature, or does not 41 claim to be mature, but that notification is not in 42 the best interest of the pregnant minor. 43 f. The court shall issue specific factual findings 44 and legal conclusions, in writing, to support the 45 decision. 46 g. Upon conclusion of the hearing, the court shall 47 immediately issue a written order which shall be 48 provided immediately to the pregnant minor, the 49 pregnant minor's guardian ad litem, the pregnant 50 minor's legal counsel, or any other person designated Page 3 1 by the pregnant minor to receive the order. 2 h. An expedited, confidential appeal shall be 3 available to a pregnant minor for whom the court 4 denies a petition for waiver of notification. An 5 order granting the pregnant minor's application for 6 waiver of notification is not subject to appeal. 7 Access to the appellate courts for the purpose of an 8 appeal under this section shall be provided to a 9 pregnant minor twenty-four hours a day, seven days a 10 week. 11 i. A pregnant minor who chooses to utilize the 12 waiver of notification procedures under this section 13 shall not be required to pay a fee at any level of the 14 proceedings. Fees charged and court costs taxed in 15 connection with a proceeding under this section are 16 waived. 17 j. Venue for proceedings under this section is in 18 any court in the state. 19 k. The supreme court shall prescribe rules to 20 ensure that the proceedings under this section are 21 performed in an expeditious and confidential manner. 22 l. The requirements of this section regarding 23 notification of a parent of a pregnant minor who 24 chooses to place the pregnant minor's child for 25 adoption do not apply if any of the following applies: 26 (1) A parent of the pregnant minor authorizes the 27 pregnant minor's decision, in writing, and a copy of 28 the written authorization is attached to the 29 termination of parental rights petition. 30 (2) The pregnant minor's attending physician 31 certifies in writing that a medical emergency exists 32 which necessitates the immediate performance of an 33 abortion in accordance with section 135L.6. 34 (3) The pregnant minor declares that the pregnant 35 minor is a victim of child abuse pursuant to section 36 232.68, the person responsible for the care of the 37 child is a parent of the child, and either the abuse 38 has been reported pursuant to the procedures 39 prescribed in chapter 232, division III, part 2, or a 40 parent of the child is named in a report of founded 41 child abuse. The department of human services shall 42 maintain confidentiality under chapter 232 regarding 43 the pregnant minor's pregnancy. 44 (4) The pregnant minor declares that the pregnant 45 minor is a victim of sexual abuse as defined in 46 chapter 709 and has reported the sexual abuse to law 47 enforcement. 48 m. A copy of the completed certification form 49 pursuant to section 135L.2, a copy of the notification 50 document mailed to a parent, or a copy of the order Page 4 1 waiving notification shall be attached to the petition 2 for termination of parental rights, unless the 3 pregnant minor is otherwise exempt from obtaining any 4 of these documents under this chapter."" 5 6. Page 4, by striking lines 1 through 25 and 6 inserting the following: 7 " . Page 9, by striking lines 7 and 8 and 8 inserting the following: "proceedings on the pregnant 9 minor's own behalf. The court may appoint a guardian 10 ad litem for the pregnant minor and the court shall 11 appoint a guardian ad litem for the pregnant minor if 12 the pregnant minor is not accompanied by an adult and 13 if the pregnant minor has not viewed the video as 14 provided pursuant to section 135L.2. The". 15 . Page 9, line 15, by striking the word 16 "anonymity" and inserting the following: 17 "confidentiality". 18 . Page 9, line 23, by striking the word "The" 19 and inserting the following: "Notwithstanding any law 20 or rule to the contrary, the". 21 . Page 10, line 7, by striking the word 22 "anonymous,". 23 . Page 10, line 16, by inserting after the 24 word "proceedings." the following: "Fees charged and 25 court costs taxed in connection with a proceeding 26 under this section are waived." 27 . Page 10, line 21, by striking the word ", 28 anonymous,"." 29 7. Page 4, by striking line 26. 30 8. Page 4, by inserting before line 27 the 31 following: 32 " . Page 11, lines 15 and 16, by striking the 33 words "with confirmation by the senate"." 34 9. Page 4, by inserting after line 50 the 35 following: 36 " . Page 12, lines 12 and 13, by striking the 37 words "pursuant to section 69.19" and inserting the 38 following: "on the date on which all members are 39 appointed". 40 . Page 12, line 26, by inserting after the 41 word "process" the following: "or other contractual 42 arrangement". 43 . Page 12, line 27, by inserting after the 44 word "applications" the following: "or upon agreement 45 of a simple majority of the members to a contractual 46 agreement"." 47 10. Page 5, by inserting after line 2 the 48 following: 49 " . Page 13, line 20, by inserting after the 50 figure "1996." the following: "The advisory committee Page 5 1 shall submit a report to the general assembly by 2 January 8, 1996, regarding the progress of the 3 committee in completing the committee's duties 4 regarding the development and distribution of the 5 video."" 6 11. Page 5, line 8, by inserting after the word 7 "section" the following: "135L.3 with regard to 8 notification of a parent prior to the termination of 9 parental rights of a pregnant minor for the purposes 10 of placing the child for adoption or of section". 11 12. Page 5, by striking line 9. 12 13. Page 5, by striking lines 10 and 11. 13 14. Page 5, line 21, by striking the words 14 "physician or" and inserting the following: 15 "physician,". 16 15. Page 5, line 22, by inserting after the word 17 "physician" the following: ", or to be attached to 18 the termination of parental rights petition". 19 16. Page 5, line 28, by inserting after the word 20 "minor" the following: "or relative to the 21 termination of parental rights of a pregnant minor". 22 17. Page 5, by striking lines 41 through 46. 23 18. By striking page 5, line 47, through page 6, 24 line 4, and inserting the following: 25 " . Page 16, line 23, by striking the word 26 "thirty" and inserting the following: "sixty"." 27 19. Page 6, by striking lines 5 through 9 and 28 inserting the following: 29 " . By striking page 16, line 28, through page 30 17, line 3, and inserting the following: 31 "If the advisory committee created pursuant to 32 section 135L.5 has completed its duties regarding the 33 development and distribution of the video pursuant to 34 section 135L.2 prior to January 1, 1996, the remainder 35 of this Act takes effect January 1, 1996. However, if 36 the advisory committee has not completed its duties 37 prior to January 1, 1996, sections 1 through 4 and 6 38 through 9 of this Act take effect July 1, 1996."" 39 20. By renumbering, relettering, and correcting 40 internal references as necessary. The motion lost and the House refused to concur in the Senate amendment H-4195, to the House amendment. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 13 be immediately messaged to the Senate. On motion by Siegrist of Pottawattamie, the House was recessed at 11:45 a.m., until 1:30 p.m. AFTERNOON SESSION The House reconvened at 2:25 p.m., Speaker Corbett in the chair. CONSIDERATION OF BILLS Unfinished Business Calendar The House resumed consideration of Senate File 367, a bill for an act relating to domestic abuse and victim protection and providing a penalty, a delayed effective date, and a conditional effective date, previously deferred and placed on the unfinished business calendar. Boddicker of Cedar offered amendment H-3832 filed by the committee on judiciary as follows: H-3832 1 Amend Senate File 367, as amended, passed, and re- 2 printed by the Senate, as follows: 3 1. By striking everything after the enacting 4 clause and inserting the following: 5 "Section 1. Section 13.2, Code 1995, is amended by 6 adding the following new subsection: 7 NEW SUBSECTION. 13. Develop written procedures 8 and policies to be followed by prosecuting attorneys 9 in the prosecution of domestic abuse cases under 10 chapters 236 and 708. 11 Sec. 2. Section 232.8, subsection 1, Code 1995, is 12 amended by adding the following new paragraph: 13 NEW PARAGRAPH. c. The juvenile court shall have 14 jurisdiction in proceedings commenced against a child 15 pursuant to section 236.3 over which the district 16 court has waived its jurisdiction. The juvenile court 17 shall hear the action in the manner of an adjudicatory 18 hearing under section 232.47, subject to the 19 following: 20 (1) The juvenile court shall abide by the 21 provisions of sections 236.4 and 236.6 in holding 22 hearings and making a disposition. 23 (2) The plaintiff is entitled to proceed pro se 24 under sections 236.3A and 236.3B. 25 Sec. 3. Section 232.22, subsection 1, Code 1995, 26 is amended by adding the following new paragraph: 27 NEW PARAGRAPH. f. There is probable cause to 28 believe that the child has committed a delinquent act 29 which would be domestic abuse under chapter 236 or a 30 domestic abuse assault under section 708.2A if 31 committed by an adult. 32 Sec. 4. Section 232.29, Code 1995, is amended by 33 adding the following new subsection: 34 NEW SUBSECTION. 3. An informal adjustment 35 agreement regarding a child who has been placed in 36 detention under section 232.22, subsection 1, 37 paragraph "f", may include a provision that the child 38 voluntarily participate in a batterers' treatment 39 program under section 708.2B. 40 Sec. 5. Section 232.46, Code 1995, is amended by 41 adding the following new subsection: 42 NEW SUBSECTION. 1A. A consent decree entered 43 regarding a child placed in detention under section 44 232.22, subsection 1, paragraph "f", shall require the 45 child to attend a batterers' treatment program under 46 section 708.2B. The second time the child fails to 47 attend the batterers' treatment as required by the 48 consent decree shall result in the decree being 49 vacated and proceedings commenced under section 50 232.47. Page 2 1 Sec. 6. Section 232.52, subsection 2, Code 1995, 2 is amended by adding the following new paragraph: 3 NEW PARAGRAPH. g. In the case of a child 4 adjudicated delinquent for an act which would be a 5 violation of chapter 236 or section 708.2A if 6 committed by an adult, an order requiring the child to 7 attend a batterers' treatment program under section 8 708.2B. 9 Sec. 7. Section 236.2, subsection 4, Code 1995, is 10 amended to read as follows: 11 4. a. "Family or household members" means 12 spouses, persons cohabiting, parents, or other persons 13 related by consanguinity or affinity, except children14under eighteen. 15 b. "Family or household members" does not include 16 children under age eighteen of persons listed in 17 paragraph "a". 18 Sec. 8. Section 236.3, unnumbered paragraph 1, 19 Code 1995, is amended to read as follows: 20 A person, including a parent or guardian on behalf 21 of an unemancipated minor, may seek relief from 22 domestic abuse by filing a verified petition in the 23 district court. Venue shall lie where either party 24 resides. The petition shall state the: 25 Sec. 9. Section 236.3, Code 1995, is amended by 26 adding the following new subsection: 27 NEW SUBSECTION. 1A. If the petition is being 28 filed on behalf of an unemancipated minor, the name of 29 the parent or guardian filing the petition and the 30 parent's or guardian's address. For the purposes of 31 this chapter, "plaintiff" includes a person filing an 32 action on behalf of an unemancipated minor. 33 Sec. 10. Section 236.3, Code 1995, is amended by 34 adding the following new unnumbered paragraph: 35 NEW UNNUMBERED PARAGRAPH. If the person against 36 whom relief from domestic abuse is being sought is 37 seventeen years of age or younger, the district court 38 shall waive its jurisdiction over the action to the 39 juvenile court. 40 Sec. 11. Section 236.5, Code 1995, is amended by 41 adding the following new subsection: 42 NEW SUBSECTION. 2A. The court may order that the 43 defendant pay the plaintiff's attorneys fees and court 44 costs. 45 Sec. 12. Section 236.8, Code 1995, is amended to 46 read as follows: 47 236.8 CONTEMPT -- HEARINGS. 48TheA person commits a simple misdemeanor or the 49 court may hold apartyperson in contempt for a 50 violation of an order or court-approved consent Page 3 1 agreement entered under this chapter, for violation of 2 a temporary or permanent protective order or order to 3 vacate the homestead under chapter 598, or for 4 violation of any order that establishes conditions of 5 release or is a protective order or sentencing order 6 in a criminal prosecution arising from a domestic 7 abuse assault. If convicted or held in contempt, the 8 defendant shall serve a jail sentence. Any jail 9 sentence of more than one day imposed under this 10 section shall be served on consecutive days. A 11 defendant who is held in contempt or convicted may be 12 ordered by the court to pay the plaintiff's attorneys 13 fees and court costs incurred in the proceedings under 14 this section. 15 A hearing in a contempt proceeding brought pursuant 16 to this section shall be held not less than five and 17 not more than fifteen days after the issuance of a 18 rule to show cause, as set by the court. 19 A person shall not be convicted of and held in 20 contempt for the same violation of an order or court- 21 approved consent agreement entered under this chapter, 22 for the same violation of a temporary or permanent 23 protective order or order to vacate the homestead 24 under chapter 598, or for violation of any order that 25 establishes conditions of release or is a protective 26 order or sentencing order in a criminal prosecution 27 arising from a domestic abuse assault. 28 Sec. 13. NEW SECTION. 236.20 FOREIGN PROTECTIVE 29 ORDERS -- REGISTRATION -- ENFORCEMENT. 30 1. As used in this section, "foreign protective 31 order" means a protective order entered in a state 32 other than Iowa which would be an order or court- 33 approved consent agreement entered under this chapter, 34 a temporary or permanent protective order or order to 35 vacate the homestead under chapter 598, or an order 36 that establishes conditions of release or is a 37 protective order or sentencing order in a criminal 38 prosecution arising from a domestic abuse assault if 39 it had been entered in Iowa. 40 2. A copy of a foreign protective order 41 authenticated in accordance with the statutes of this 42 state may be filed with the clerk of the district 43 court of the county in which the person in whose favor 44 the order was entered resides. The clerk shall 45 provide copies of the order as required by section 46 236.5. 47 3. A foreign protective order so filed has the 48 same effect and shall be enforced in the same manner 49 as a protective order issued in this state. 50 Sec. 14. NEW SECTION. 236.21 MUTUAL PROTECTIVE Page 4 1 ORDERS PROHIBITED -- EXCEPTIONS. 2 A court in an action under this chapter shall not 3 issue mutual protective orders against the victim and 4 the abuser unless both file a petition requesting a 5 protective order. 6 Sec. 15. Section 708.2B, Code 1995, is amended by 7 adding the following new unnumbered paragraph: 8 NEW UNNUMBERED PARAGRAPH. District departments or 9 contract service providers shall receive upon request 10 peace officers' investigative reports regarding 11 persons participating in programs under this section. 12 The receipt of reports under this section shall not 13 waive the confidentiality of the reports under section 14 22.7. 15 Sec. 16. Section 907.3, subsection, 1, paragraph 16 i, Code 1995, is amended to read as follows: 17 i. The offense is a conviction for or plea of 18 guilty to a violation of section 236.8 or a finding of 19 contempt pursuant to section 236.8 or 236.14. 20 Sec. 17. Section 907.3, subsection 2, Code 1995, 21 is amended to read as follows: 22 2. At the time of or after pronouncing judgment 23 and with the consent of the defendant, the court may 24 defer the sentence and assign the defendant to the 25 judicial district department of correctional services. 26 However, the court shall not defer the sentence for a 27 violation of section 708.2A if the defendant has 28 previously received a deferred judgment or sentence 29 for a violation of section 708.2 or 708.2A which was 30 issued on a domestic abuse assault, or if similar 31 relief was granted anywhere in the United States 32 concerning that jurisdiction's statutes which 33 substantially correspond to domestic abuse assault as 34 provided in section 708.2A. In addition, the court 35 shall not defer a sentence if it is imposed for a 36 conviction for or plea of guilty to a violation of 37 section 236.8 or for contempt pursuant to section 38 236.8 or 236.14. Upon a showing that the defendant is 39 not fulfilling the conditions of probation, the court 40 may revoke probation and impose any sentence 41 authorized by law. Before taking such action, the 42 court shall give the defendant an opportunity to be 43 heard on any matter relevant to the proposed action. 44 Upon violation of the conditions of probation, the 45 court may proceed as provided in chapter 908. 46 Sec. 18. The commissioner of insurance shall 47 evaluate model legislation which will be proposed by 48 the national association of insurance commissioners 49 regarding using domestic abuse as a factor in 50 determining whether a person shall be offered Page 5 1 insurance coverage and make recommendations to the 2 general assembly regarding adopting the model 3 legislation." 4 2. Title page, by striking lines 1 through 3 and 5 inserting the following: "An Act relating to domestic 6 abuse and providing a penalty." 7 3. By renumbering as necessary. Hurley of Fayette asked and received unanimous consent to withdraw amendment H-4198, to the committee amendment H-3832, filed by him from the floor. On motion by Boddicker of Cedar, the committee amendment H-3832 was adopted. 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. 367) The ayes were, 98: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brammer 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 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: Connors Shoultz The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. SENATE AMENDMENT CONSIDERED Rants of Woodbury called up for consideration of Senate Concurrent Resolution 3, a concurrent resolution relating to the compensation of chaplains, officers and employees of the seventy-sixth general assembly, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-4193 to the House amendment: H-4193 1 Amend the House amendment, S-3022, to Senate 2 Concurrent Resolution 3, as passed by the Senate, as 3 follows: 4 1. Page 1, by inserting after line 12 the 5 following: 6 " . Page 9, by inserting after line 12 the 7 following: 8 "BE IT FURTHER RESOLVED, That authorization for the 9 position of Administrative Assistant III to Speaker 10 Pro Tempore ends July 1, 1996." 11 . Page 10, line 12, by inserting after the 12 word "President," the following: "President Pro 13 Tempore,". 14 . Page 11, by inserting after line 19 the 15 following: 16 "BE IT FURTHER RESOLVED, That authorization for the 17 position of Administrative Secretary to President Pro 18 Tempore ends July 1, 1996."" The motion prevailed and the House concurred in the Senate amendment H-4193. On motion by Rants of Woodbury, the resolution, as amended, was adopted. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent to immediately message Senate Concurrent Resolution 3, 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 May 2, 1995, insisted on its amendment to Senate File 13, a bill for an act relating to the establishment of a decision-making process for prospective minor parents, providing penalties, and providing effective dates, and the members of the conference committee on the part of the Senate are: the Senator from Polk, Senator Szymoniak, Chair; the Senator from Fayette, Senator Murphy; the Senator from Johnson, Senator Dvorsky; the Senator from Polk, Senator Kramer; and the Senator from Worth, Senator Bartz. JOHN F. DWYER, Secretary CONFERENCE COMMITTEE APPOINTED (Senate File 13) The Speaker announced the appointment of the conference committee to consider the differences between the House and Senate concerning Senate File 13: Boddicker of Cedar, Chair; Hurley of Fayette, Hammitt of Harrison, Doderer of Johnson and Harper of Black Hawk. CONSIDERATION OF BILLS Unfinished Business Calendar The House resumed consideration of House File 579, a bill for an act relating to the compensation and benefits for public officials and employees and making appropriations and providing an effective date, previously deferred and placed on the unfinished business calendar. Metcalf of Polk offered the following amendment H-4200 filed by her from the floor and moved its adoption: H-4200 1 Amend House File 579 as follows: 2 1. Page 2, line 19, by inserting after the word 3 "governor" the following: "which shall be seventy 4 percent of the salary of the governor". 5 2. Page 2, line 20, by striking the figure 6 "78,050" and inserting the following: "68,740". 7 3. Page 10, line 25, by striking the word "five" 8 and inserting the following: "one". 9 4. Page 10, line 25, by inserting after the word 10 "hundred" the following: "twenty". 11 5. Page 11, line 21, by striking the words "six 12 hundred" and inserting the following: "thirty". 13 6. Page 11, line 25, by striking the words "seven 14 hundred" and inserting the following: "two hundred 15 ninety". Amendment H-4200 was adopted, placing out of order amendment H-4190 filed by Brunkhorst of Bremer on May 1, 1995. Brunkhorst of Bremer asked and received unanimous consent to defer action on amendment H-4199. Churchill of Polk asked and received unanimous consent to withdraw amendment H-4201, filed by Churchill, Jacobs, Grundberg and Disney from the floor. Millage of Scott asked and received unanimous consent to withdraw amendment H-4189 filed by him on May 1, 1995. Brunkhorst of Bremer asked and received unanimous consent to withdraw amendment H-4199, previously deferred, filed by him from the floor. Metcalf of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 579) The ayes were, 53: Baker Bernau Blodgett Boddicker Boggess Brammer Branstad Brauns Carroll Cataldo Cohoon Dinkla Disney Doderer Drake Eddie Garman Gipp Greiner Gries Grundberg Halvorson Hammitt Hanson Holveck Huseman Jacobs Jochum Klemme Kremer Larkin Martin Mascher McCoy Metcalf Millage Murphy Myers Nelson, B. Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Van Maanen Vande Hoef Weidman Wise Mr. Speaker Corbett The nays were, 45: Arnold Bell Bradley Brand Brunkhorst Burnett Churchill Coon Cormack Cornelius Daggett Drees Ertl Greig Grubbs Hahn Harper Harrison Heaton Houser Hurley Koenigs Kreiman Lamberti Larson Lord Main May Mertz Meyer Moreland Mundie Nelson, L. Nutt O'Brien Sukup Teig Thomson Tyrrell Van Fossen Veenstra Warnstadt Weigel Welter Witt Absent or not voting, 2: Connors Fallon The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. Rule 76 invoked; Under the provisions of Rule 76, conflict of interest, Fallon of Polk refrained from voting. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 579 be immediately messaged to the Senate. ADOPTION OF THE REPORT OF THE CONFERENCE COMMITTEE (House File 528) Lamberti of Polk called up for consideration the report of the conference committee on House File 528 and moved the adoption of the conference committee report and the amendments contained therein as follows: REPORT OF THE CONFERENCE COMMITTEE ON HOUSE FILE 528 To the Speaker of the House of Representatives and the President of the Senate: We, the undersigned members of the conference committee appointed to resolve the differences between the House of Representatives and the Senate on House File 528, a bill for An Act related 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, respectfully make the following report: 1. That the House recedes from its amendment, S-3586. 2. That the Senate recedes from its amendment, H-4057. 3. That House File 528, as amended, passed, and reprinted by the House, is amended as follows: 1. Page 1, by striking lines 1 through 12. 2. By striking page 1, line 26, through page 2, line 7. 3. Page 2, by striking lines 31 and 32 and inserting the following: "those facilities or institutions. Human immunodeficiency". 4. By striking page 3, line 24, through page 4, line 13. 5. By striking page 6, line 30, through page 7, line 1. 6. Page 7, line 27, by striking the word "detention" and inserting the following: "secure custody in a facility defined in subsection 2, paragraph "a" or "b"". 7. By striking page 7, line 28, through page 8, line 14. 8. Page 8, by inserting before line 15 the following: "Sec. ___. Section 232.28, subsection 10, Code 1995, is amended to read as follows: 10. A complaint filed with the court or its designee pursuant to this section which alleges that a childfourteen years ofage or olderhas committed a delinquent act which if committed by an adult would be an aggravated misdemeanor or a felony shall be a public record and shall not be confidential under section 232.147. The court, its designee, or law enforcement officials are authorized to release the complaint, including the identity of the child named in the complaint." 9. Page 9, line 29, by striking the word "detention" and inserting the following: "secure custody". 10. Page 9, line 31, by inserting after the figure "2" the following: ", paragraph "a" or "b"". 11. Page 9, line 35, by inserting after the word "delinquency" the following: ", including complaints under section 232.28,". 12. Page 10, by striking lines 6 through 9 and inserting the following: "unless otherwise provided in this chapter. Complaints under section 232.28 shall be released in accordance with section 232.28. Other official juvenile court records may be released under this section by a juvenile court officer." 13. Page 11, lines 3 and 4, by striking the words "police~ investigative reports are subject to the provisions of section 22.7" and inserting the following: "a criminal or juvenile justice agency shall not release the name of a child until a complaint is filed pursuant to section 232.28". 14. Page 11, by inserting after line 10 the following: "Sec. . NEW SECTION. 279.58 SCHOOL DRESS CODE POLICIES. 1. The general assembly finds and declares that the students and the administrative and instructional staffs of Iowa's public schools have the right to be safe and secure at school. Gang-related apparel worn at school draws attention away from the school's learning environment and directs it toward thoughts or expressions of violence, bigotry, hate, and abuse. 2. The board of directors of a school district may adopt, for the district or for an individual school within the district, a dress code policy that prohibits students from wearing gang-related or other specific apparel if the board determines that the policy is necessary for the health, safety, or positive educational environment of students and staff in the school environment or for the appropriate discipline and operation of the school. Adoption and enforcement of a dress code policy is not a violation of section 280.22." 15. Page 11, by inserting after line 18 the following: "Sec. . NEW SECTION. 280.17B STUDENTS SUSPENDED OR EXPELLED FOR POSSESSION OF DANGEROUS WEAPONS. The board of directors of a public school and the authorities in control of a nonpublic school shall prescribe procedures for continued school involvement with a student who is suspended or expelled for possession of a dangerous weapon, as defined in section 702.7, on school premises in violation of state law and for the reintegration of the student into the school following the suspension or expulsion. Sec. . NEW SECTION. 280.21B EXPULSION -- WEAPONS IN SCHOOL. The board of directors of a school district and the authorities in charge of a nonpublic school which receives services supported by federal funds shall expel from school for a period of not less than one year a student who is determined to have brought a weapon to a school or knowingly possessed a weapon at a school under the jurisdiction of the board or the authorities. However, the superintendent or chief administering officer of a school or school district may modify expulsion requirements on a case-by-case basis. This section shall not be construed to prevent the board of directors of a school district or the authorities in charge of a nonpublic school that have expelled a student from the student's regular school setting from providing educational services to the student in an alternative setting. If both this section and section 282.4 apply, this section takes precedence over section 282.4. For purposes of this section, "weapon" means a firearm as defined in 18 U.S.C.</g> 921. This section shall be construed in a manner consistent with the federal Individuals with Disabilities Education Act, 20 U.S.C. </g 1400 et seq." 16. Page 19, line 18, by striking the word "twenty-three " and inserting the following: "twenty-one". 17. Page 19, line 20, by striking the word "twenty-three " and inserting the following: "twenty-one". 18. Page 19, by striking lines 21 through 27 and inserting the following: "For the purposes of this section, "criminalhistory data" includes information maintained by any criminaljustice agency if the information otherwise meets the definitionof criminal history data set forth in section 692.1 and alsoincludes the source documents of the information included in thecriminal history data and fingerprint records.For the purposes of this section, "criminal history data" includes the following: 1. In the case of an adult, information maintained by any criminal justice agency if the information otherwise meets the definition of criminal history data in section 692.1, except that source documents shall be retained. 2. In the case of a juvenile, information maintained by any criminal or juvenile justice agency if the information otherwise meets the definition of criminal history data in section 692.1. In the case of a juvenile, criminal history data and source documents, other than fingerprint records, shall not be retained. Fingerprint cards received that are used to establish a". 19. Page 20, by inserting after line 16 the following: "Sec. . Section 708.1, Code 1995, is amended by adding the following new unnumbered paragraph: NEW UNNUMBERED PARAGRAPH. Provided, that where the person doing any of the above enumerated acts is employed by a school district or accredited nonpublic school, or is an area education agency staff member who provides services to a school or school district, and intervenes in a fight or physical struggle, or other disruptive situation, that takes place in the presence of the employee or staff member performing employment duties in a school building, on school grounds, or at an official school function regardless of the location, the act shall not be an assault, whether the fight or physical struggle or other disruptive situation is between students or other individuals if the degree and the force of the intervention is reasonably necessary to restore order and to protect the safety of those assembled." 20. Page 22, by striking lines 11 through 22 and inserting the following: "5. A defendant transferred to the jurisdiction of the juvenile court shall be placed in detention under section 232.22. Sec. . Section 808A.1, subsection 1, paragraph d, Code 1995, is amended to read as follows: d. A school locker, desk, or other facility or space issued or assigned to, or chosen by, the student for the storage of personal belongings of any kind, which the student locks or is permitted to lock.School officials may conduct periodicinspections of all school lockers. However, the school districtshall provide notice to the students, at least twenty-four hoursprior to the inspection, of the date and time of theinspection.Sec. . Section 808A.2, Code 1995, is amended by adding the following new subsection: NEW SUBSECTION. 1A. Notwithstanding subsection 1, paragraphs "a" through "c", as they apply to searches of protected student areas, school officials may conduct periodic inspections of all, or a randomly selected number of, school lockers. However, the school district shall provide written notice to each student, and the adult who enrolls the student at the school, that school officials may conduct periodic inspections of all school lockers without prior notice. An inspection under this subsection shall only occur in the presence of the students whose lockers are being inspected." 21. Page 22, line 31, by striking the word "designee," and inserting the following: "designee; the attorney general or the attorney general's designee;". 22. Page 23, line 8, by inserting after the word "issues;" the following: "two members of the senate, one each appointed by the majority and minority leaders and two members of the house of representatives, appointed by the speaker of the house of representatives after consultation with the majority and minority leaders;". 23. Page 23, by inserting after line 30 the following: "Sec. . 1995 Iowa Acts, House File 471, section 7, is amended to read as follows: SEC. 7. INTERIM STUDY COMMITTEE. The legislative council is requested to establish an interim committee to study currently available sentencing and incarceration options. The study may include but shall not be limited to a review of available jail, community corrections, and prison beds; the potential impact of the use of split sentencing on jail, community corrections, and prison bed space; security needs and costs associated with the implementation of hard labor requirements for persons incarcerated in corrections institutions;andthe nature and costs associated with other sentencing options and the utilization, cost, and effectiveness of placing a juvenile in secure custody under section 232.52, subsection 2, paragraph "g", if enacted in House File 528. The committee shall coordinate the study with juvenile court services personnel to obtain the information regarding juveniles. A report regarding placing juveniles in secure custody shall be made to the general assembly by January 1, 1996. A follow-up report shall be made by June 30, 1996. In addition to legislative members, the membership of the interim committee shall include the following public members: 1. A representative from the board of parole. 2. A representative from the division of criminal and juvenile justice planning of the department of human rights. 3. A representative from an association of sheriffs and deputy sheriffs. 4. A representative from the department of corrections. 5. A representative from a county board of supervisors. The committee shall submit findings and any recommendations in a report to the general assembly by January 1, 1996." 24. Title page, line 8, by striking the word "detention" and inserting the following: "short-term secure custody". 25. Title page, line 14, by inserting after the word "offenses," the following: "authorizing school districts to adopt a dress code policy,". 26. Title page, lines 16 through 18, by striking the words "authorizing the transmission of communicable disease information by radio in certain circumstances,". 27. By renumbering as necessary. ON THE PART OF THE HOUSE: ON THE PART OF THE SENATE: JEFFREY LAMBERTI, Chair JOHNIE HAMMOND, Chair DON GRIES NANCY BOETTGER STEVE GRUBBS MIKE CONNOLLY KEITH A. KREIMAN RANDAL J. GIANNETTO O. GENE MADDOX The motion prevailed and the report was adopted. Lamberti of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 528) The ayes were, 95: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brammer Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Coon 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 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, 3: Doderer Fallon Holveck Absent or not voting, 2: Connors 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. 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 340, a bill for an act providing for the operation of snowmobiles and all-terrain vehicles by defining public land. Also: That the Senate has on May 2, 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 565, a bill for an act establishing a school-to-work planning and implementation program focusing on career pathways for students. Also: That the Senate has on May 2, 1995, refused to concur in the House amendment to the following bill in which the concurrence of the Senate was asked: Senate File 189, a bill for an act relating to the transfer of real estate by exempting certain transfers of real estate from the real estate transfer tax and providing that a lien for a purchase money mortgage has priority over other interests in the property. JOHN F. DWYER, Secretary Ways and Means Calendar House File 557, a bill for an act relating to the state franchise tax imposed on financial institutions by disallowing the deduction for expenses related to a financial institution's investment in investment subsidiaries and providing effective and applicability dates, was taken up for consideration. Halvorson of Clayton offered the following amendment H-4202 filed by him from the floor and moved its adoption: H-4202 1 Amend House File 557 as follows: 2 1. Page 1, line 18, by striking the word "entity" 3 and inserting the following: "affiliate". 4 2. Page 1, line 18, by striking the word "and" 5 and inserting the following: "or". 6 3. Page 1, line 19, by striking the word "and" 7 and inserting the following: "or". Amendment H-4202 was adopted. Weigel of Chickasaw asked and received unanimous consent to withdraw amendment H-4203 filed by him and Koenigs of Mitchell from the floor. SENATE FILE 478 SUBSTITUTED FOR HOUSE FILE 557 Halvorson of Clayton asked and received unanimous consent to substitute Senate File 478 for House File 557. Senate File 478, a bill for an act relating to the state franchise tax imposed on financial institutions by disallowing the deduction for expenses related to a financial institution's investment in investment subsidiaries and providing effective and applicability dates, was taken up for consideration. The House stood at ease at 4:12 p.m., until the fall of the gavel. The House reconvened at 6:00 p.m., Speaker Corbett in the chair. Siegrist of Pottawattamie asked and received unanimous consent that Senate File 478 be deferred and that the bill be placed on the unfinished business calendar. 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 May 2, 1995, adopted the conference committee report and passed: 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. JOHN F. DWYER, Secretary Appropriations Calendar Senate File 266, a bill for an act relating to the funding of, operation of, and appropriation of moneys to agencies, institutions, commissions, departments, and boards responsible for education and cultural programs of this state, and providing an effective date, with report of committee recommending amendment and passage, was taken up for consideration. Grundberg of Polk asked and received unanimous consent to withdraw the committee amendment H-3498, filed by the committee on appropriations on March 27, 1995, placing out of order the following amendments, to the committee amendment H-3498: H-3913 filed by Brauns of Muscatine, et. al., on April 12, 1995. H-3943 filed by Hurley of Fayette on April 13, 1995. H-3957 filed by Daggett of Union, et. al., on April 17, 1995. H-3973 filed by Daggett of Union, et. al., on April 18, 1995. H-3809 filed by Witt of Black Hawk, et. al., on April 10, 1995. H-3926 filed by Mertz of Kossuth, et. al., on April 12, 1995. H-3576 filed by Ollie of Clinton on March 29, 1995. H-3740 filed by Baker of Polk on April 4, 1995. H-3901 filed by Baker of Polk on April 12, 1995. H-3866 filed by Nelson of Pottawattamie, et. al., on April 11, 1995. H-3881 filed by Brand of Benton, et. al., on April 11, 1995. H-4142 filed by Hurley of Fayette and Grundberg on April 28, 1995. H-3828 filed by Jochum of Dubuque on April 10, 1995. H-3713 filed by Rants of Woodbury and Grundberg on April 4, 1995. H-3880 filed by Mascher of Johnson on April 11, 1995. H-3892 filed by Witt of Black Hawk, et. al., on April 11, 1995. H-3935 filed by Coon of Warren on April 13, 1995. H-3547 filed by Millage of Scott on March 28, 1995. H-3969 filed by Brunkhorst of Bremer on April 18, 1995. H-4112 filed by Shoultz of Black Hawk on April 26, 1995. H-3546 filed by Millage of Scott, et. al., on March 28, 1995. H-3964 filed by Grubbs of Scott on April 17, 1995. H-3940 filed by Bernau of Story, et. al., on April 13, 1995. H-4052 filed by Weigel of Chickasaw, et al., on April 24, 1995. H-3800 filed by Brand of Benton on April 6, 1995. H-3934 filed by Witt of Black Hawk, et. al., on April 13, 1995. H-3937 filed by Shoultz of Black Hawk, et. al., on April 13, 1995. H-4108 filed by Gries of Crawford, et. al., on April 26, 1995. H-4191 filed by Hurley of Fayette on May 1, 1995. H-4192 filed by Hurley of Fayette on May 1, 1995. H-3790 filed by Huseman of Cherokee and Gries on April 6, 1995. H-3741 filed by Baker of Polk on April 4, 1995. H-3970 filed by Daggett of Union on April 18, 1995. H-4063 filed by Kreiman of Davis on April 25, 1995. H-4066 filed by Kreiman of Davis on April 25, 1995. H-3694 filed by Weigel of Chickasaw, et. al., on April 3, 1995. H-3933 filed by Shoultz of Black Hawk, et. al., on April 13, 1995. H-3982 filed by Weigel of Chickasaw, et. al., on April 19, 1995. H-4184 filed by Weigel of Chickasaw, et. al., on May 1, 1995. H-3739 filed by Baker of Polk on April 4, 1995. H-3938 filed by Shoultz of Black Hawk, et. al., on April 13, 1995. H-3939 filed by Shoultz of Black Hawk, et. al., on April 13, 1995. H-3897 filed by Lord of Dallas, et. al., on April 12, 1995. H-3946 filed by Cohoon of Des Moines on April 17, 1995. H-4115 filed by Grubbs of Scott and Greig on April 26, 1995. H-3936 filed by Grundberg of Polk on April 13, 1995. The House stood at ease at 6:05 p.m., until the fall of the gavel. The House reconvened at 8:10 p.m., Speaker Corbett in the chair. Grundberg of Polk offered amendment H-4205 filed by her from the floor as follows: H-4205 1 Amend Senate File 266, 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 "DEPARTMENT OF EDUCATION 6 Section 1. There is appropriated from the general 7 fund of the state to the department of education for 8 the fiscal year beginning July 1, 1995, and ending 9 June 30, 1996, the following amounts, or so much 10 thereof as may be necessary, to be used for the 11 purposes designated: 12 1. GENERAL ADMINISTRATION 13 For salaries, support, maintenance, miscellaneous 14 purposes, and for not more than the following full- 15 time equivalent positions: 16 $ 5,134,445 17 FTEs 93.95 18 The department of education shall conduct a study 19 of the possible uses for the remaining portion of the 20 interest earned on the permanent school fund after 21 transfers are made pursuant to section 257B.1A, 22 subsections 2 and 3. The department shall submit a 23 report of its findings and recommendations to the 24 general assembly and the legislative fiscal bureau by 25 January 1, 1996. 26 The department of education shall conduct a study 27 of chapter 299, the compulsory education law of this 28 state, in cooperation with interested individuals from 29 throughout the state. The department shall submit a 30 report of the findings and recommendations to the 31 general assembly by January 1, 1996. 32 2. VOCATIONAL EDUCATION ADMINISTRATION 33 For salaries, support, maintenance, miscellaneous 34 purposes, and for not more than the following full- 35 time equivalent positions: 36 $ 644,510 37 FTEs 18.60 38 3. VOCATIONAL REHABILITATION DIVISION 39 a. For salaries, support, maintenance, 40 miscellaneous purposes, and for not more than the 41 following full-time equivalent positions: 42 $ 3,732,836 43 FTEs 285.75 44 It is the intent of the general assembly that the 45 division of vocational rehabilitation services of the 46 department of education shall seek, in addition to 47 state appropriations, funds other than federal funds, 48 which may include but are not limited to local funds, 49 for purposes of matching federal vocational 50 rehabilitation funds. Page 2 1 Notwithstanding the full-time equivalent position 2 limit established in this subsection for the fiscal 3 year ending June 30, 1996, if federal funding is 4 available to pay the costs of additional employees for 5 the vocational rehabilitation division who would have 6 duties relating to vocational rehabilitation services 7 paid for through federal funding, authorization to 8 hire not more than four full-time equivalent employees 9 shall be provided, the full-time equivalent position 10 limit shall be exceeded, and the additional employees 11 shall be hired by the division. 12 b. For matching funds for programs to enable 13 severely physically or mentally disabled persons to 14 function more independently, including salaries and 15 support, and for not more than the following full-time 16 equivalent positions: 17 $ 37,445 18 FTEs 1.50 19 4. BOARD OF EDUCATIONAL EXAMINERS 20 For salaries, support, maintenance, miscellaneous 21 purposes, and for not more than the following full- 22 time equivalent positions: 23 $ 187,739 24 FTEs 2.00 25 5. SCHOOL FOOD SERVICE 26 For use as state matching funds for federal 27 programs that shall be disbursed according to federal 28 regulations, including salaries, support, maintenance, 29 miscellaneous purposes, and for not more than the 30 following full-time equivalent positions: 31 $ 2,716,859 32 FTEs 14.00 33 6. TEXTBOOKS OF NONPUBLIC SCHOOL PUPILS 34 To provide funds for costs of providing textbooks 35 to each resident pupil who attends a nonpublic school 36 as authorized by section 301.1. The funding is 37 limited to $20 per pupil and shall not exceed the 38 comparable services offered to resident public school 39 pupils: 40 $ 616,000 41 7. STATE LIBRARY 42 For salaries, support, maintenance, miscellaneous 43 purposes, and for not more than the following full- 44 time equivalent positions: 45 $ 2,392,820 46 FTEs 33.50 47 8. REGIONAL LIBRARY 48 For state aid: 49 $ 1,457,000 50 9. CENTER FOR ASSESSMENT Page 3 1 For the purpose of developing academic standards in 2 the areas of math, history, science, English, language 3 arts, and geography: 4 $ 300,000 5 10. VOCATIONAL AGRICULTURE YOUTH ORGANIZATION 6 To assist a vocational agriculture youth 7 organization sponsored by the schools to support the 8 foundation established by that vocational agriculture 9 youth organization and for other youth activities: 10 $ 59,400 11 11. CAREER PATHWAYS PROGRAM 12 For purposes of developing and implementing a 13 career pathways program to expand opportunities for 14 youth and adults to become prepared for and succeed in 15 high-wage, high-skill employment: 16 $ 650,000 17 12. FAMILY RESOURCE CENTERS 18 For support of the family resource center 19 demonstration program established under chapter 256C: 20 $ 120,000 21 13. CAREER OPPORTUNITY PROGRAM 22 For purposes of providing assistance to minority 23 persons who major in fields or subject areas where 24 minorities are currently underrepresented or 25 underutilized pursuant to section 260C.29, as enacted 26 by this Act: 27 $ 60,000 28 14. PUBLIC BROADCASTING DIVISION 29 For salaries, support, maintenance, capital 30 expenditures, miscellaneous purposes, and for not more 31 than the following full-time equivalent positions: 32 $ 6,380,889 33 FTEs 97.00 34 Of the full-time equivalent positions provided for 35 under this subsection for the fiscal year beginning 36 July 1, 1995, and ending June 30, 1996, it is the 37 intent of the general assembly that 4.0 full-time 38 equivalent positions be provided for purposes formerly 39 provided for under the Star Schools program. 40 The public broadcasting division shall conduct a 41 study, in collaboration with all entities receiving 42 services via the Iowa communications network, of the 43 efficiencies of the network and shall make 44 recommendations relating to the elimination of 45 duplicative efforts. The study shall include an 46 investigation of the duties and functions of employees 47 of the division, other state agencies, area education 48 agencies, and public schools, if those duties and 49 functions involve the Iowa communications network. 50 The division shall submit a report of its findings and Page 4 1 recommendations to the general assembly and the 2 legislative fiscal bureau by January 1, 1996. 3 15. NATIONAL ASSESSMENT OF EDUCATION PROGRESS 4 (NAEP) 5 For participation by the department of education in 6 a state and national project to determine the academic 7 achievement of Iowa students in math, reading, 8 science, United States history, or geography: 9 $ 50,000 10 16. VOCATIONAL EDUCATION TO SECONDARY SCHOOLS 11 For reimbursement for vocational education 12 expenditures made by secondary schools: 13 $ 3,308,850 14 Funds appropriated in this subsection shall be used 15 for expenditures made by school districts to meet the 16 standards set in sections 256.11, 258.4, and 260C.14 17 as a result of the enactment of 1989 Iowa Acts, 18 chapter 278. Funds shall be used as reimbursement for 19 vocational education expenditures made by secondary 20 schools in the manner provided by the department of 21 education for implementation of the standards set in 22 1989 Iowa Acts, chapter 278. 23 17. COMMUNITY COLLEGES 24 Notwithstanding chapter 260D, for general state 25 financial aid, including general financial aid to 26 merged areas in lieu of personal property tax 27 replacement payments under section 427A.13, to merged 28 areas as defined in section 260C.2, for vocational 29 education programs in accordance with chapters 258 and 30 260C, to purchase instructional equipment for 31 vocational and technical courses of instruction in 32 community colleges, and for salary increases: 33 $ 120,771,270 34 The funds appropriated in this subsection shall be 35 allocated as follows: 36 a. Merged Area I $ 5,781,157 37 b. Merged Area II $ 6,809,183 38 c. Merged Area III $ 6,428,778 39 d. Merged Area IV $ 3,063,294 40 e. Merged Area V $ 6,552,170 41 f. Merged Area VI $ 6,071,324 42 g. Merged Area VII $ 8,599,696 43 h. Merged Area IX $ 10,620,161 44 i. Merged Area X $ 16,484,261 45 j. Merged Area XI $ 17,609,198 46 k. Merged Area XII $ 6,979,917 47 l. Merged Area XIII $ 7,154,214 48 m. Merged Area XIV $ 3,173,427 49 n. Merged Area XV $ 9,898,325 50 o. Merged Area XVI $ 5,546,165 Page 5 1 Sec. 2. Notwithstanding 1994 Iowa Acts, chapter 2 1193, section 2, subsection 2, funds appropriated and 3 allocated to the merged areas pursuant to 1994 Iowa 4 Acts, chapter 1193, section 2, for the fiscal year 5 beginning July 1, 1994, and ending June 30, 1995, 6 pursuant to section 8.53, unnumbered paragraph 1, 7 shall be paid to the merged areas by June 30, 1995. 8 Sec. 3. The general assembly strongly encourages 9 an area education agency which received funds in the 10 fiscal year beginning July 1, 1994, and ending June 11 30, 1995, for purposes of establishing a character 12 education pilot program, to reallocate and expend, in 13 the fiscal year beginning July 1, 1995, and ending 14 June 30, 1996, $45,300 from the amount paid to the 15 agency for educational services under section 257.35, 16 for purposes of continuing the progress made under the 17 character education pilot program. 18 Sec. 4. The department of education shall conduct 19 a study of funding for community colleges, and shall 20 make specific recommendations on the elimination of 21 chapter 260D and for alternatives to present community 22 college funding including, but not limited to, a plan 23 for distribution of funds to community colleges. The 24 department shall submit a report of its findings and 25 recommendations to the general assembly by January 1, 26 1996. 27 COLLEGE STUDENT AID COMMISSION 28 Sec. 5. There is appropriated from the general 29 fund of the state to the college student aid 30 commission for the fiscal year beginning July 1, 1995, 31 and ending June 30, 1996, the following amounts, or so 32 much thereof as may be necessary, to be used for the 33 purposes designated: 34 1. GENERAL ADMINISTRATION 35 For salaries, support, maintenance, miscellaneous 36 purposes, and for not more than the following full- 37 time equivalent positions: 38 $ 281,256 39 FTEs 6.05 40 2. UNIVERSITY OF OSTEOPATHIC MEDICINE AND HEALTH 41 SCIENCES 42 a. For forgivable loans to Iowa students attending 43 the university of osteopathic medicine and health 44 sciences, under the forgivable loan program pursuant 45 to section 261.19A: 46 $ 379,260 47 b. For the university of osteopathic medicine and 48 health sciences for an initiative in primary health 49 care to direct primary care physicians to shortage 50 areas in the state: Page 6 1 $ 395,000 2 The moneys appropriated in this lettered paragraph 3 shall be used as follows: 4 (1) To reduce student loan debt for primary care 5 physicians in an amount not to exceed $30,000 per 6 student for a four-year period of medical service in 7 medically underserved areas of the state. 8 (2) For tuition scholarships for students 9 attending the university of osteopathic medicine and 10 health sciences who agree to practice primary care 11 medicine in medically under-served areas of the state. 12 The student shall practice in the state two years for 13 every year of tuition. A person receiving funds under 14 this subparagraph shall not be eligible for funds 15 under subparagraph (1). 16 (3) For general administration costs of the 17 university for the primary care initiative, the 18 university shall expend an amount not to exceed 19 $50,000. 20 The university of osteopathic medicine and health 21 sciences shall report quarterly to the legislative 22 fiscal bureau concerning the expenditure of funds used 23 pursuant to subparagraphs (1), (2), and (3) of this 24 lettered paragraph. The university shall also submit 25 the annual audit of the university to the legislative 26 fiscal bureau within six months following the year 27 being audited. The college student aid commission 28 shall not provide moneys for subparagraphs (1) and (2) 29 of this lettered paragraph until the university has 30 signed and submitted contracts for the use of these 31 moneys for reduction of student loan debt and tuition 32 scholarships. Funds for subparagraph (3) of this 33 lettered paragraph shall be provided quarterly to the 34 university. Notwithstanding section 8.33, the funds 35 for this lettered paragraph shall not revert to the 36 general fund but be available for expenditure the 37 following fiscal year for purposes of subparagraphs 38 (1) and (2). 39 3. STUDENT AID PROGRAMS 40 For payments to students for the Iowa grant 41 program: 42 $ 1,469,790 43 Sec. 6. There is appropriated from the loan 44 reserve account to the college student aid commission 45 for the fiscal year beginning July 1, 1995, and ending 46 June 30, 1996, the following amount, or so much 47 thereof as may be necessary, to be used for the 48 purposes designated: 49 For operating costs of the Stafford loan program 50 including salaries, support, maintenance, Page 7 1 miscellaneous purposes, and for not more than the 2 following full-time equivalent positions: 3 $ 4,639,570 4 FTEs 29.95 5 STATE BOARD OF REGENTS 6 Sec. 7. There is appropriated from the general 7 fund of the state to the state board of regents for 8 the fiscal year beginning July 1, 1995, and ending 9 June 30, 1996, the following amounts, or so much 10 thereof as may be necessary, to be used for the 11 purposes designated: 12 1. OFFICE OF STATE BOARD OF REGENTS 13 a. For salaries, support, maintenance, 14 miscellaneous purposes, and for not more than the 15 following full-time equivalent positions: 16 $ 1,097,601 17 FTEs 15.63 18 If the moneys provided in this lettered paragraph 19 are augmented by reimbursements from the institutions 20 under the control of the state board of regents for 21 the funding of the office of the state board of 22 regents, the office shall report quarterly such 23 reimbursements to the chairpersons and ranking members 24 of the joint appropriations subcommittee on education. 25 b. For allocation by the state board of regents to 26 the state university of Iowa, the Iowa state 27 university of science and technology, and the 28 university of northern Iowa to reimburse the 29 institutions for deficiencies in their operating funds 30 resulting from the pledging of tuitions, student fees 31 and charges, and institutional income to finance the 32 cost of providing academic and administrative 33 buildings and facilities and utility services at the 34 institutions: 35 $ 27,400,000 36 The state board of regents, the department of 37 management, and the legislative fiscal bureau shall 38 cooperate to determine and agree upon, by November 15, 39 1995, the amount that needs to be appropriated for 40 tuition replacement for the fiscal year beginning July 41 1, 1996. 42 c. For funds to be allocated to the southwest Iowa 43 graduate studies center: 44 $ 71,662 45 d. For funds to be allocated to the siouxland 46 interstate metropolitan planning council for the 47 tristate graduate center under section 262.9, 48 subsection 21: 49 $ 72,535 50 e. For funds to be allocated to the quad-cities Page 8 1 graduate studies center: 2 $ 150,374 3 2. STATE UNIVERSITY OF IOWA 4 a. General university, including lakeside 5 laboratory 6 For salaries, support, maintenance, equipment, 7 miscellaneous purposes, and for not more than the 8 following full-time equivalent positions: 9 $ 192,222,000 10 FTEs 4,020.97 11 Of the funds appropriated in this lettered 12 paragraph, $20,000 shall be allocated to the Iowa 13 research council. 14 b. For the primary health care initiative in the 15 college of medicine: 16 $ 770,000 17 From the moneys appropriated in this lettered 18 paragraph, $330,000 shall be allocated to the 19 department of family practice at the state university 20 of Iowa college of medicine for family practice 21 faculty and support staff. 22 It is the intent of the general assembly that the 23 university place additional emphasis on the locum 24 tenus program. 25 c. University hospitals 26 For salaries, support, maintenance, equipment, and 27 miscellaneous purposes and for medical and surgical 28 treatment of indigent patients as provided in chapter 29 255, and for not more than the following full-time 30 equivalent positions: 31 $ 28,821,254 32 FTEs 5,780.87 33 Funds appropriated in this lettered paragraph shall 34 not be used to perform abortions except medically 35 necessary abortions, and shall not be used to operate 36 the early termination of pregnancy clinic except for 37 the performance of medically necessary abortions. For 38 the purpose of this lettered paragraph, an abortion is 39 the purposeful interruption of pregnancy with the 40 intention other than to produce a live-born infant or 41 to remove a dead fetus, and a medically necessary 42 abortion is one performed under one of the following 43 conditions: 44 (1) The attending physician certifies that 45 continuing the pregnancy would endanger the life of 46 the pregnant woman. 47 (2) The attending physician certifies that the 48 fetus is physically deformed, mentally deficient, or 49 afflicted with a congenital illness. 50 (3) The pregnancy is the result of a rape which is Page 9 1 reported within 45 days of the incident to a law 2 enforcement agency or public or private health agency 3 which may include a family physician. 4 (4) The pregnancy is the result of incest which is 5 reported within 150 days of the incident to a law 6 enforcement agency or public or private health agency 7 which may include a family physician. 8 (5) The abortion is a spontaneous abortion, 9 commonly known as a miscarriage, wherein not all of 10 the products of conception are expelled. 11 The total quota allocated to the counties for 12 indigent patients for the fiscal year beginning July 13 1, 1995, shall not be lower than the total quota 14 allocated to the counties for the fiscal year 15 commencing July 1, 1994. The total quota shall be 16 allocated among the counties on the basis of the 1990 17 census pursuant to section 255.16. 18 d. Psychiatric hospital 19 For salaries, support, maintenance, equipment, and 20 miscellaneous purposes and for the care, treatment, 21 and maintenance of committed and voluntary public 22 patients, and for not more than the following full- 23 time equivalent positions: 24 $ 7,018,877 25 FTEs 312.09 26 e. Hospital-school 27 For salaries, support, maintenance, miscellaneous 28 purposes, and for not more than the following full- 29 time equivalent positions: 30 $ 5,705,918 31 FTEs 174.01 32 f. Oakdale campus 33 For salaries, support, maintenance, miscellaneous 34 purposes, and for not more than the following full- 35 time equivalent positions: 36 $ 2,845,783 37 FTEs 63.58 38 g. State hygienic laboratory 39 For salaries, support, maintenance, miscellaneous 40 purposes, and for not more than the following full- 41 time equivalent positions: 42 $ 3,155,100 43 FTEs 101.38 44 h. Family practice program 45 For allocation by the dean of the college of 46 medicine, with approval of the advisory board, to 47 qualified participants, to carry out chapter 148D for 48 the family practice program, including salaries and 49 support, and for not more than the following full-time 50 equivalent positions: Page 10 1 $ 1,990,327 2 FTEs 180.74 3 i. Child health care services 4 For specialized child health care services, 5 including childhood cancer diagnostic and treatment 6 network programs, rural comprehensive care for 7 hemophilia patients, and the Iowa high-risk infant 8 follow-up program, including salaries and support, and 9 for not more than the following full-time equivalent 10 positions: 11 $ 440,054 12 FTEs 10.93 13 j. Agricultural health and safety programs 14 For agricultural health and safety programs, and 15 for not more than the following full-time equivalent 16 positions: 17 $ 247,117 18 FTEs 3.48 19 k. Statewide cancer registry 20 For the statewide cancer registry, and for not more 21 than the following full-time equivalent positions: 22 $ 188,734 23 FTEs 3.07 24 l. Substance abuse consortium 25 For funds to be allocated to the Iowa consortium 26 for substance abuse research and evaluation, and for 27 not more than the following full-time equivalent 28 positions: 29 $ 62,004 30 FTEs 1.15 31 m. Center for biocatalysis 32 For the center for biocatalysis, and for not more 33 than the following full-time equivalent positions: 34 $ 1,284,395 35 FTEs 4.00 36 n. National advanced driving simulator 37 For the national advanced driving simulator, and 38 for not more than the following full-time equivalent 39 positions: 40 $ 599,726 41 FTEs 5.00 42 (1) Of the moneys appropriated in this lettered 43 paragraph, for the fiscal year beginning July 1, 1995, 44 and ending June 30, 1996, the appropriation of the sum 45 of $326,347 is contingent upon the announcement by the 46 United States department of transportation of the 47 selection of the contractor for the national advanced 48 driving simulator system development. 49 (2) If the contingency in subparagraph (1) is met 50 it is the intent of the general assembly that of the Page 11 1 moneys appropriated in this lettered paragraph,the 2 state university of Iowa shall expend $350,000, for 3 the fiscal year beginning July 1, 1995, and ending 4 June 30, 1996, for planning and architectural services 5 related to the construction of the facility to house 6 the national advanced driving simulator to be located 7 at the Oakdale research park. It is further the 8 intent of the general assembly to provide funding in 9 fiscal years beginning July 1, 1996, and July 1, 1997, 10 in the total amount of $5.35 million for the 11 construction of the facility to house the national 12 advanced driving simulator to match federal funds 13 provided for the project. Funds provided for the 14 construction of the facility to house the national 15 advanced driving simulator in fiscal years beginning 16 July 1, 1996, and July 1, 1997, shall only be expended 17 upon receiving notification from the national highway 18 traffic safety administration that the United States 19 congress has authorized the construction of the 20 national advanced driving simulator, that federal 21 funds have been appropriated to begin construction, 22 and that delivery of the motion base, graphics system, 23 and integrating software will take place in 24 substantial compliance with the United States 25 department of transportation's acquisition schedule as 26 set forth in the cooperative agreement between the 27 state university of Iowa and the national highway 28 traffic safety administration. 29 3. IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY 30 a. General university 31 For salaries, support, maintenance, equipment, 32 miscellaneous purposes, and for not more than the 33 following full-time equivalent positions: 34 $ 153,080,000 35 FTEs 3,569.28 36 Of the funds appropriated in this lettered 37 paragraph, $20,000 shall be allocated to the Iowa 38 research council. 39 Of the funds appropriated in this lettered 40 paragraph, for the fiscal year beginning July 1, 1995, 41 and ending June 30, 1996, $1,000,000 shall be expended 42 for purposes of the healthy livestock program. 43 b. Agricultural experiment station 44 For salaries, support, maintenance, miscellaneous 45 purposes, and for not more than the following full- 46 time equivalent positions: 47 $ 30,717,738 48 FTEs 515.94 49 c. Cooperative extension service in agriculture 50 and home economics Page 12 1 For salaries, support, maintenance, and 2 miscellaneous purposes, including salaries and support 3 for the fire service institute, and for not more than 4 the following full-time equivalent positions: 5 $ 18,268,621 6 FTEs 428.25 7 d. Leopold center 8 For agricultural research grants at Iowa state 9 university under section 266.39B, and for not more 10 than the following full-time equivalent positions: 11 $ 560,593 12 FTEs 11.50 13 e. For deposit in and the use of the livestock 14 disease research fund under section 267.8, and for not 15 more than the following full-time equivalent 16 positions: 17 $ 276,022 18 FTEs 3.37 19 4. UNIVERSITY OF NORTHERN IOWA 20 a. For salaries, support, maintenance, equipment, 21 miscellaneous purposes, and for not more than the 22 following full-time equivalent positions: 23 $ 68,773,000 24 FTEs 1,436.18 25 Of the funds appropriated in this lettered 26 paragraph, $10,000 shall be allocated to the Iowa 27 research council. 28 b. Recycling and reuse center: 29 $ 239,745 30 5. STATE SCHOOL FOR THE DEAF 31 For salaries, support, maintenance, miscellaneous 32 purposes, and for not more than the following full- 33 time equivalent positions: 34 $ 6,478,924 35 FTEs 124.14 36 6. IOWA BRAILLE AND SIGHT SAVING SCHOOL 37 For salaries, support, maintenance, miscellaneous 38 purposes, and for not more than the following full- 39 time equivalent positions: 40 $ 3,606,189 41 FTEs 83.41 42 7. TUITION AND TRANSPORTATION COSTS 43 For payment to local school boards for the tuition 44 and transportation costs of students residing in the 45 Iowa braille and sight saving school and the state 46 school for the deaf pursuant to section 262.43 and for 47 payment of certain clothing and transportation costs 48 for students at these schools pursuant to section 49 270.5: 50 $ 11,232 Page 13 1 Sec. 8. Reallocations of sums received under 2 section 7, subsections 2, 3, 4, 5, and 6, of this Act, 3 including sums received for salaries, shall be 4 reported on a quarterly basis to the co-chairpersons 5 and ranking members of the legislative fiscal 6 committee and the joint appropriations subcommittee on 7 education. 8 Sec. 9. For the fiscal year beginning July 1, 9 1995, and ending June 30, 1996, the state board of 10 regents may use notes, bonds, or other evidences of 11 indebtedness issued under section 262.48 to finance 12 projects that will result in energy cost savings in an 13 amount that will cause the state board to recover the 14 cost of the projects within an average of six years. 15 Sec. 10. MEDICAL ASSISTANCE -- SUPPLEMENTAL 16 AMOUNTS. 17 For the fiscal year beginning July 1, 1995, and 18 ending June 30, 1996, the department of human services 19 shall continue the supplemental disproportionate share 20 and a supplemental indirect medical education 21 adjustment applicable to state-owned acute care 22 hospitals with more than 500 beds and shall reimburse 23 qualifying hospitals pursuant to that adjustment with 24 a supplemental amount for services provided medical 25 assistance recipients. The adjustment shall generate 26 supplemental payments intended to equal the state 27 appropriation made to a qualifying hospital for 28 treatment of indigent patients as provided in chapter 29 255. To the extent of the supplemental payments, a 30 qualifying hospital shall, after receipt of the funds, 31 transfer to the department of human services an amount 32 equal to the actual supplemental payments that were 33 made in that month. The aggregate amounts for the 34 fiscal year shall not exceed the state appropriation 35 made to the qualifying hospital for treatment of 36 indigent patients as provided in chapter 255. The 37 department of human services shall deposit the portion 38 of these funds equal to the state share in the 39 department's medical assistance account and the 40 balance shall be credited to the general fund of the 41 state. To the extent that state funds appropriated to 42 a qualifying hospital for the treatment of indigent 43 patients as provided in chapter 255 have been 44 transferred to the department of human services as a 45 result of these supplemental payments made to the 46 qualifying hospital, the department shall not, 47 directly or indirectly, recoup the supplemental 48 payments made to a qualifying hospital for any reason, 49 unless an equivalent amount of the funds transferred 50 to the department of human services by a qualifying Page 14 1 hospital pursuant to this provision is transferred to 2 the qualifying hospital by the department. 3 If the state supplemental amount allotted to the 4 state of Iowa for the federal fiscal year beginning 5 October 1, 1995, and ending September 30, 1996, 6 pursuant to section 1923 (f)(3) of the federal Social 7 Security Act, as amended, or pursuant to federal 8 payments for indirect medical education is greater 9 than the amount necessary to fund the federal share of 10 the supplemental payments specified in the preceding 11 paragraph, the department of human services shall 12 increase the supplemental disproportionate share or 13 supplemental indirect medical education adjustment by 14 the lesser of the amount necessary to utilize fully 15 the state supplemental amount or the amount of state 16 funds appropriated to the state university of Iowa 17 general education fund and allocated to the university 18 for the college of medicine. The state university of 19 Iowa shall transfer from the allocation for the 20 college of medicine to the department of human 21 services, on a monthly basis, an amount equal to the 22 additional supplemental payments made during the 23 previous month pursuant to this paragraph. A 24 qualifying hospital receiving supplemental payments 25 pursuant to this paragraph that are greater than the 26 state appropriation made to the qualifying hospital 27 for treatment of indigent patients as provided in 28 chapter 255 shall be obligated as a condition of its 29 participation in the medical assistance program to 30 transfer to the state university of Iowa general 31 education fund on a monthly basis an amount equal to 32 the funds transferred by the state university of Iowa 33 to the department of human services. To the extent 34 that state funds appropriated to the state university 35 of Iowa and allocated to the college of medicine have 36 been transferred to the department of human services 37 as a result of these supplemental payments made to the 38 qualifying hospital, the department shall not, 39 directly or indirectly, recoup these supplemental 40 payments made to a qualifying hospital for any reason, 41 unless an equivalent amount of the funds transferred 42 to the department of human services by the state 43 university of Iowa pursuant to this paragraph is 44 transferred to the qualifying hospital by the 45 department. 46 Continuation of the supplemental disproportionate 47 share and supplemental indirect medical education 48 adjustment shall preserve the funds available to the 49 university hospital for medical and surgical treatment 50 of indigent patients as provided in chapter 255 and to Page 15 1 the state university of Iowa for educational purposes 2 at the same level as provided by the state funds 3 initially appropriated for that purpose. 4 The department of human services shall, in any 5 compilation of data or other report distributed to the 6 public concerning payments to providers under the 7 medical assistance program, set forth reimbursements 8 to a qualifying hospital through the supplemental 9 disproportionate share and supplemental indirect 10 medical education adjustment as a separate item and 11 shall not include such payments in the amounts 12 otherwise reported as the reimbursement to a 13 qualifying hospital for services to medical assistance 14 recipients. 15 For purposes of this section, "supplemental 16 payment" means a supplemental payment amount paid for 17 medical assistance to a hospital qualifying for that 18 payment under this section. 19 DEPARTMENT OF CULTURAL AFFAIRS 20 Sec. 11. There is appropriated from the general 21 fund of the state to the department of cultural 22 affairs for the fiscal year beginning July 1, 1995, 23 and ending June 30, 1996, the following amounts, or so 24 much thereof as is necessary, to be used for the 25 purposes designated: 26 1. ARTS DIVISION 27 For salaries, support, maintenance, miscellaneous 28 purposes, including funds to match federal grants, for 29 areawide arts and cultural service organizations that 30 meet the requirements of chapter 303C, and for not 31 more than the following full-time equivalent 32 positions: 33 $ 1,050,292 34 FTEs 10.00 35 2. HISTORICAL DIVISION 36 For salaries, support, maintenance, miscellaneous 37 purposes, and for not more than the following full- 38 time equivalent positions: 39 $ 2,419,877 40 FTEs 57.00 41 It is the intent of the general assembly that the 42 capitol security staff place the security of the state 43 historical building at a priority level higher than 44 that of state capitol parking security duty. 45 3. HISTORIC SITES 46 For salaries, support, maintenance, miscellaneous 47 purposes, and for not more than the following full- 48 time equivalent positions: 49 $ 228,799 50 FTEs 3.00 Page 16 1 4. ADMINISTRATION 2 For salaries, support, maintenance, miscellaneous 3 purposes, and for not more than the following full- 4 time equivalent positions: 5 $ 213,920 6 FTEs 4.30 7 5. COMMUNITY CULTURAL GRANTS 8 For planning and programming for the community 9 cultural grants program established under section 10 303.3, and for not more than the following full-time 11 equivalent position: 12 $ 703,234 13 FTEs 0.70 14 Sec. 12. Notwithstanding section 8.33, funds 15 appropriated in 1993 Iowa Acts, chapter 180, section 16 64, remaining unencumbered or unobligated on June 30, 17 1995, shall not revert to the general fund of the 18 state but are appropriated to and shall be available 19 for expenditure by the department of education for the 20 fiscal year beginning July 1, 1995, and ending June 21 30, 1996, and of those funds remaining, $250,000 shall 22 be expended for purposes of the career pathways 23 program in addition to any other funds provided for 24 the career pathways program under this Act. 25 Sec. 13. Notwithstanding section 8.33, funds 26 appropriated in 1994 Iowa Acts, chapter 1193, section 27 14, remaining unencumbered or unobligated on June 30, 28 1995, shall not revert to the general fund of the 29 state but shall be available for purposes of the Iowa 30 grant program, in addition to funds appropriated in 31 section 5, subsection 3, of this Act, with funds to be 32 distributed pursuant to section 261.93A. 33 Sec. 14. Notwithstanding section 8.33, funds 34 appropriated in 1994 Iowa Acts, chapter 1199, section 35 35, remaining unencumbered or unobligated on June 30, 36 1995, shall not revert to the general fund of the 37 state but shall be appropriated and available to the 38 historical division of the department of cultural 39 affairs for purposes of contracting with the national 40 park service to complete a reconnaissance study of 41 blood run national historic landmark in Lyon county to 42 determine the feasibility of incorporating the 43 landmark into the national park system. 44 Sec. 15. Notwithstanding section 257B.1A, 45 subsection 4, and 1994 Iowa Acts, chapter 1193, 46 section 15, for the fiscal year beginning July 1, 47 1994, and ending June 30, 1995, the remaining portion 48 of the interest earned on the permanent school fund 49 shall, after transfers are made pursuant to section 50 257B.1A, subsections 2 and 3, be deposited in the Page 17 1 interest for Iowa schools fund established under this 2 Act. 3 Sec. 16. There is appropriated from the 4 scholarship and tuition grant reserve fund to the 5 college student aid commission for the fiscal year 6 beginning July 1, 1995, and ending June 30, 1996, the 7 amount of $160,000, or the unobligated and 8 unencumbered moneys transferred by August 31, 1995, to 9 the fund at the close of the 1994-1995 fiscal year, 10 whichever amount is greater, for purposes of the work- 11 study program, in addition to funds appropriated in 12 section 261.85. 13 Sec. 17. Funds appropriated for state scholarships 14 pursuant to section 261.25, subsection 2, for the 15 fiscal year beginning July 1, 1995, and ending June 16 30, 1996, shall be used in their entirety to fund 17 scholarships to eligible students, and the college 18 student aid commission shall not place an across-the- 19 board ceiling on the amount distributed under the 20 state scholarship program. 21 Sec. 18. Section 257B.1, subsection 5, Code 1995, 22 is amended by striking the subsection. 23 Sec. 19. Section 257B.1A, Code 1995, is amended by 24 striking the section and inserting in lieu thereof the 25 following: 26 257B.1A TRANSFER OF INTEREST. 27 1. The interest for Iowa schools fund is 28 established in the office of treasurer of state. The 29 department of revenue and finance shall deposit 30 interest earned on the permanent school fund in the 31 interest for Iowa schools fund. Moneys in the 32 interest for Iowa schools fund shall be transferred or 33 allocated only for school purposes as provided in this 34 section. 35 2. For a transfer of moneys from the interest for 36 Iowa schools fund to the first in the nation in 37 education foundation, prior to July 1, October 1, 38 January 1, and March 1 of each year, the governing 39 board of the first in the nation in education 40 foundation established in section 257A.2 shall certify 41 to the treasurer of state the cumulative total value 42 of contributions received under section 257A.7 for 43 deposit in the first in the nation in education fund 44 and for the use of the foundation. The cumulative 45 total value of contributions received includes the 46 value of the amount deposited in the national center 47 endowment fund established in section 263.8A in excess 48 of eight hundred seventy-five thousand dollars. The 49 value of in-kind contributions shall be based upon the 50 fair market value of the contribution determined for Page 18 1 income tax purposes. 2 The portion of the interest in Iowa schools fund 3 that is equal to the cumulative total value of 4 contributions, less the portion of the interest in 5 Iowa schools fund dedicated to the national center for 6 gifted and talented education, is dedicated to the 7 first in the nation in education foundation for that 8 year. The interest earned on this dedicated amount 9 shall be transferred by the treasurer of state to the 10 credit of the first in the nation in education 11 foundation. 12 3. For a transfer of moneys from the interest in 13 Iowa schools fund to the national center endowment 14 fund established in section 263.8A, prior to July 1, 15 October 1, January 1, and March 1 of each year, the 16 state university of Iowa shall certify to the 17 treasurer of state the cumulative total value of 18 contributions received and deposited in the national 19 center endowment fund. Within fifteen days following 20 certification by the state university of Iowa, the 21 treasurer of state shall transfer from the interest in 22 Iowa schools fund to the national center an amount 23 equal to one-half the cumulative total value of the 24 contributions deposited in the national center 25 endowment fund, not to exceed eight hundred seventy- 26 five thousand dollars. 27 Sec. 20. NEW SECTION. 260C.24 PAYMENT OF 28 APPROPRIATION. 29 Payment of appropriations for distribution under 30 this chapter or of appropriations made in lieu of such 31 appropriations, shall be made by the department of 32 revenue and finance in monthly installments due on or 33 about the fifteenth of each month of a budget year, 34 and installments shall be as nearly equal as possible, 35 as determined by the department of revenue and 36 finance, taking into consideration the relative budget 37 and cash position of the state resources. 38 Sec. 21. NEW SECTION. 260C.29 CAREER OPPORTUNITY 39 PROGRAM -- MISSION. 40 1. The mission of the career opportunity program 41 established in this section is to encourage 42 collaborative efforts by a community college, the 43 institutions under the control of the state board of 44 regents, and business and industry to enhance the 45 educational opportunities and provide for job creation 46 and career advancement for Iowa's minority persons by 47 providing assistance to minority persons who major in 48 fields or subject areas where minorities are currently 49 underrepresented or underutilized. 50 2. A career opportunity program is established to Page 19 1 be administered by the community college located in a 2 county with a population in excess of three hundred 3 thousand. The community college shall provide office 4 space for the efficient operation of the program. The 5 community college shall employ a director for the 6 program. The director of the program shall employ 7 necessary support staff. The director and staff shall 8 be employees of the community college. 9 3. The director of the program shall do the 10 following: 11 a. Direct the coordination of the program between 12 the community college and the institutions of higher 13 education under the control of the state board of 14 regents. 15 b. Propose rules to the state board of education 16 as necessary to implement the program. 17 c. Recruit minority persons into the program. 18 d. Enlist the assistance and cooperation of 19 leaders from business and industry to provide job 20 placement services for students who are successfully 21 completing the program. 22 e. Prepare and submit an annual report to the 23 governor and the general assembly by January 15. 24 4. To be eligible for the program, a minority 25 person shall be a resident of Iowa who is accepted for 26 admission at or attends a community college or an 27 institution of higher education under the control of 28 the state board of regents. In addition, the person 29 shall major in or achieve credit toward an associate 30 degree, a bachelor's degree, or a master's degree in a 31 field or subject area where minorities are 32 underrepresented or underutilized. 33 5. The amount of assistance provided to a student 34 under this section shall not exceed the cost of 35 tuition, fees, and books required for the program in 36 which the student is enrolled and attends. As used in 37 this section, "books" may include book substitutes, 38 including reusable workbooks, loose-leaf or bound 39 manuals, and computer software materials used as book 40 substitutes. A student who meets the qualifications 41 of this section shall receive assistance under this 42 section for not more than the equivalent of two full 43 years of study. 44 6. For purposes of this section, "minority person" 45 means a person who is Black, Hispanic, Asian, or a 46 Pacific Islander, American Indian, or an Alaskan 47 native American. 48 Sec. 22. Section 260D.14A, unnumbered paragraphs 1 49 and 5, Code 1995, are amended to read as follows: 50 The department of education shall provide for the Page 20 1 establishment of a community college excellence 2000 2 account in the office of the treasurer of state for 3 deposit of moneys appropriated to the account for 4 purposes of funding quality instructional centers and 5 program and administrative sharing agreements under 6 sections 260C.45 and 260C.46. There is appropriated 7 from the general fund of the state to the department 8 of education for the fiscal year beginning July 1, 919951997, an amount equal to two and five-tenths 10 percent of the total state general aid generated for 11 all community colleges during the budget year under 12 this chapter for deposit in the community college 13 excellence 2000 account. In the next succeeding two 14 fiscal years, the percent multiplier shall be 15 increased in equal increments until the multiplier 16 reaches seven and one-half percent of the total state 17 general aid generated for all community colleges 18 during the budget year. 19 It is the intent of the general assembly that the 20 general assembly enact legislation by July 1,199521 1997, that will increase the maximum percent 22 multiplier established in this section from seven and 23 five-tenths percent to ten percent. 24 Sec. 23. Section 261.12, subsection 1, paragraph 25 b, Code 1995, is amended to read as follows: 26 b. For the fiscal year beginning July 1,198927 1995, and for each following fiscal year, two thousand 28sixnine hundredfiftydollars. 29 Sec. 24. Section 261.25, subsection 1, Code 1995, 30 is amended to read as follows: 31 1. There is appropriated from the general fund of 32 the state to the commission for each fiscal year the 33 sum ofthirty-twothirty-five millionfoursix hundred 34twenty-twosixty-four thousandthreeseven hundred 35sixty-twofifty dollars for tuition grants. 36 Sec. 25. Section 261.85, unnumbered paragraph 1, 37 Code 1995, is amended to read as follows: 38 There is appropriated from the general fund of the 39 state to the commission for each fiscal year the sum 40 of two millioneightnine hundredninety-eightfifty 41 thousandeight hundred fortydollars for the work- 42 study program. 43 Sec. 26. Section 294A.25, subsection 8, Code 1995, 44 is amended to read as follows: 45 8. For the fiscal year beginning July 1,199446 1995, to the department of education from phase III 47 moneys the amount of one million two hundred fifty 48 thousand dollars for support for the operations of the 49 new Iowa schools development corporation and for 50 school transformation design and implementation Page 21 1 projects administered by the corporation. Of the 2 amount provided in this subsection, one hundred fifty 3 thousand dollars shall be used for the school and 4 community planning initiative. 5 Sec. 27. Section 303.3, subsection 3, Code 1995, 6 is amended to read as follows: 7 3. Notwithstanding section 8.33, moneys committed 8 to grantees under contract that remain unexpended on 9 June 30 of any fiscal year shall not revert but shall 10 be available for expenditure for purposes of the 11contractprogram until June 30 of the succeeding 12 fiscal year. 13 Sec. 28. FUNDS TRANSFERRED. 14 1. For the fiscal year beginning July 1, 1995, and 15 ending June 30, 1996, the amount of $150,000 is to be 16 paid to the department of education from additional 17 funds transferred from phase I to phase III for 18 development of a K-12 and community college management 19 information system. Notwithstanding section 294A.20, 20 if the additional funds transferred from phase I to 21 phase III are insufficient for purposes of the 22 appropriation provided under this subsection, moneys 23 allocated to phase III, which would otherwise revert 24 to the general fund under section 294A.20, shall be 25 transferred to the department in an amount sufficient 26 to fully fund the appropriation made under this 27 subsection. The department shall submit a report to 28 the legislative fiscal bureau by January 1, 1996, 29 describing the specific expenditure of funds 30 appropriated by the general assembly for purposes of 31 the management information system; the estimated time 32 of completion of the system; the department's 33 accomplishments under the system; and any 34 recommendations for future system funding needs. 35 2. For the fiscal year beginning July 1, 1995, and 36 ending June 30, 1996, up to $50,000 from additional 37 funds transferred from phase I to phase III is to be 38 paid to the department of education for support of the 39 Iowa mathematics and science coalition. If funds 40 available from the specified sources are insufficient 41 to fully fund the appropriation, the amount 42 appropriated to the department under this subsection 43 shall be reduced to an amount equal to the available 44 funds. 45 Sec. 29. Section 261.52A, Code 1995, is repealed. 46 Sec. 30. 1994 Iowa Acts, chapter 1193, section 15, 47 is repealed. 48 Sec. 31. Sections 2, 12 through 15, 19, 27, and 30 49 of this Act, being deemed of immediate importance, 50 take effect upon enactment." Baker of Polk offered the following amendment H-4209, to amendment H-4205, filed by him from the floor and moved its adoption: H-4209 1 Amend the amendment, H-4205, to Senate File 266, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 3, line 27, by striking the figure 5 "60,000" and inserting the following: "150,000". A non-record roll call was requested. The ayes were 30, nays 49. Amendment H-4209 lost. Grundberg of Polk offered the following amendment H-4206, to amendment H-4205, filed by her and Gries from the floor and moved its adoption: H-4206 1 Amend the amendment, H-4205, to Senate File 266, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 3, line 10, by striking the figure 5 "59,400" and inserting the following: "69,400". Amendment H-4206 was adopted. Hurley of Fayette offered amendment H-4207, to amendment H-4205, filed by Hurley, Kremer, Klemme, Daggett, Carroll, Sukup, Van Fossen, Tyrrell, Heaton, Weidman, Mertz, Mundie, Van Maanen, Eddie, Hahn, Branstad, Vande Hoef, Welter, Lamberti, Arnold, Gries, Larson, Brunkhorst, Bradley, Lord, Halvorson, Ertl, Boddicker, Schulte, Garman, Main, Huseman, Teig, Disney, Salton, Hammitt, Houser, Grubbs, Renken, Drake, Blodgett, Meyer, Thomson, Cornelius, Veenstra, Brauns, Greiner, Coon, Harrison, Hanson, Boggess, Greig, May, Rants and Dinkla, from the floor as follows: H-4207 1 Amend the amendment, H-4205, to Senate File 266, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 8, by inserting after line 10 the 5 following: 6 "Funds appropriated in this lettered paragraph 7 shall not be used by the university to implement or 8 carry out a program or activity that has either the 9 purpose or effect of encouraging or supporting 10 homosexuality as a positive alternative lifestyle." 11 2. Page 11, by inserting after line 35 the 12 following: 13 "Funds appropriated in this lettered paragraph 14 shall not be used by the university to implement or 15 carry out a program or activity that has either the 16 purpose or effect of encouraging or supporting 17 homosexuality as a positive alternative lifestyle." 18 3. Page 12, by inserting after line 24 the 19 following: 20 "Funds appropriated in this lettered paragraph 21 shall not be used by the university to implement or 22 carry out a program or activity that has either the 23 purpose or effect of encouraging or supporting 24 homosexuality as a positive alternative lifestyle." Rants of Woodbury in the chair at 9:10 p.m. Speaker Corbett in the chair at 9:23 p.m. Hurley of Fayette moved the adoption of amendment H-4207, to amendment H-4205. A non-record roll call was requested. The ayes were 50, nays 21. Amendment H-4207 was adopted. Brunkhorst of Bremer asked and received unanimous consent to withdraw amendment H-4208, to amendment H-4205, filed by him from the floor. Hurley of Fayette offered the following amendment H-4210, to amendment H-4205, filed by him from the floor and moved its adoption: H-4210 1 Amend the amendment, H-4205, to Senate File 266, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 16, line 21, by striking the figure 5 "250,000" and inserting the following: "200,000". 6 2. Page 16, by inserting after line 24 the 7 following: 8 "Sec. 706. Notwithstanding section 8.33, funds 9 appropriated in 1993 Iowa Acts, chapter 180, section 10 64, remaining unencumbered or unobligated on June 30, 11 1995, shall not revert to the general fund of the 12 state but are appropriated to and shall be available 13 for expenditure by the department of education for the 14 fiscal year beginning July 1, 1995, and ending June 15 30, 1996, and of those funds remaining, $50,000 shall 16 be expended for purposes of the parent education pilot 17 program established under 1994 Iowa Acts, chapter 18 1199, section 58, in a county with fewer than 35,000 19 inhabitants." 20 3. Page 21, line 48, by inserting after the 21 figure "12" the following: ", 706". 22 4. By renumbering and correcting internal 23 references as necessary. Amendment H-4210 lost. On motion by Grundberg of Polk, amendment H-4205, as amended, was adopted. Grundberg 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. 266) The ayes were, 67: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Koenigs Kremer Lamberti Larson Lord Main Martin Mertz Metcalf Meyer Millage Mundie Nelson, B. Nutt Rants Renken Salton Schulte Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett The nays were, 30: Baker Bell Bernau Brand Burnett Cataldo Cohoon Drees Fallon Harper Holveck Jochum Kreiman Larkin Mascher May McCoy Moreland Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt Absent or not voting, 3: Brammer Connors Siegrist The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that Senate Files 266 and 367 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 May 2, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 549, a bill for an act relating to the collection of taxes and debts owed to or collected by the state, including the renewal of registrations, the publication of information pertaining to certain taxes and debts, providing for an administrative levy to seize certain accounts of a debtor, the denial, revocation, suspension, or renewal of licenses authorized by the state, redistributing collected amounts, creating a driver's license indebtedness clearance pilot project, and other related matters, and providing an effective date. Also: That the Senate has on May 2, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 579, a bill for an act relating to the compensation and benefits for public officials and employees and making appropriations and providing an effective date. JOHN F. DWYER, Secretary EXPLANATION OF VOTE I was necessarily absent from the House chamber on Friday afternoon, April 28, 1995. Had I been present, I would have voted "aye" on House File 573, Senate Files 120 and 475. HOUSER of Pottawattamie BILL ENROLLED, SIGNED AND SENT TO SECRETARY OF STATE The Chief Clerk of the House submitted the following report: Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bill has been examined and found correctly enrolled, signed by the Speaker of the House and the President of the Senate, and presented to the Secretary of State for his approval on this 2nd day of May, 1995: House Joint Resolution 13. ELIZABETH A. ISAACSON Chief Clerk of the House Report adopted. BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR The Chief Clerk of the House submitted the following report: Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bills have been examined and found correctly enrolled, signed by the Speaker of the House and the President of the Senate, and presented to the Governor for his approval on this 2nd day of May, 1995: House Files 159, 252, 257, 482, 486 and 489. ELIZABETH A. ISAACSON Chief Clerk of the House Report adopted. BILLS SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on May 2, 1995, he approved and transmitted to the Secretary of State the following bills: Senate File 358, an act relating to certain offenders of the motor vehicle laws, by providing for an administrative adjudication of the habitual offender status, providing for a youthful offender substance abuse awareness program, requiring ignition interlock devices for temporary restricted licenses, providing penalties, and providing for the payment of fees. Senate File 427, an act relating to authorizing the payment of salaries to senior judges, providing for a maximum retirement annuity amount paid to senior judges, affecting senior judge retirement benefits, the appointment of judges to senior judge status, and providing effective and applicability dates. Senate File 432, an act relating to sexually violent predators, by providing notice of the petition to the attorney general by specifying the location for trial, by requiring the state to pay the costs incurred by a county for services in sexually violent offender proceedings, providing for notification of victims, providing for a departmental study, and providing an effective date. GOVERNOR'S ITEM VETO MESSAGE A copy of the following communication was received and placed on file: May 2, 1995 The Honorable Leonard Boswell President of the Senate State Capitol Building L 0 C A L Dear Mr. President: I hereby transmit Senate File 69, an act 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, providing appropriations, and providing effective and applicability dates. Senate File 69 represents landmark legislation for the first session of the Seventy-Sixth General Assembly. The bill contains nearly $100 million in tax reductions for Iowa families and businesses in fiscal year 1996, growing to $172 million in fiscal year 2001. With the repeal of property taxes on new machinery and equipment, this bill will have an immediate impact on Iowa's ability to attract and keep high paying jobs. This impact will grow in the future, as all property taxes on existing equipment are gradually eliminated. County taxpayers will also receive property tax relief through the mental health provisions, where 50 percent of mental health financing is shifted to the State and a process for cost containment is begun. Finally, families and retirees will see their Iowa income tax bills go down as a result of increasing the dependent credit from $15 to $40, and allowing the exclusion from taxable income of $3,000 of pension income ($6,000 for married filers). I believe that Senate File 69 is an excellent first step towards the goals of increasing jobs, personal income and population growth. I expect additional action to be taken during the next legislative session to reduce income tax rates and treating small businesses the same as other corporations under the single-factor corporate income tax. These changes are critical to attaining our goals. Senate File 69 is, therefore, approved on this date with the following exceptions which I hereby disapprove. I am unable to approve the designated portion of Section 15, identified as the third sentence of Section 331.439, subsection 3a, and Section 331.439, subsections 3b and 3c, in their entirety. These items require counties to receive an inflation factor for mental health beginning in fiscal year 1997, and spell out specific factors and procedures relating to its determination. These items fail to allow for savings from managed care, and could significantly dilute the property tax relief. Moreover, the portion of Section 15, identified as Section 331.439, subsection 3b, contains a provision that intrudes upon my executive budgeting responsibilities. The concept of an inflation factor may be appropriate to reconsider at a later date, after adequate cost containment has been achieved through the rule-making process. I am unable to approve the designated portion of section 15, identified as Section 331.439, subsection 5, in its entirety. This item limits counties' obligations for payment of mental health, mental retardation and developmental disabilities services. I support the concept of limiting counties' obligations, except in those instances where a county elects to become its own managed care provider. The assumption of financial risk is one of the defining characteristics of managed care. If a county chooses to become its own managed care provider, it should also assume the financial risk. I will approve language that is subsequently enacted as long as it contains this exclusion. I am unable to approve the designated portion of Section 18, identified as Section 426B.2., second unnumbered and unlettered paragraph, in its entirety. This item will hinder future efforts to change the allocation formula. For the above reasons, I hereby respectfully disapprove these items in accordance with Amendment IV of the Amendments of 1968 to the Constitution of the State of Iowa. All other items in Senate File 69 are hereby approved as of this date. Sincerely, Terry E. Branstad Governor PRESENTATION OF VISITORS Boggess of Taylor presented to the House twenty-two students from Bedford Community School District, accompanied by twenty-four students from Puerto Rico who are staying with the Bedford students. All the students are participating in a linked educational opportunity between the Iowa students and those from Puerto Rico. Accompanying the students were Jan Wilson and Scott Sheffield. The Speaker announced that the following visitors were present in the House chamber: Forty students from Albia High School, Albia, accompanied by Diana Tuttle. By Kreiman of Davis. 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\310 Nick Argyros, Eldora - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1995\311 Jacob Thomas, Eldora - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1995\312 Jacob Hobson, Eldora - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1995\313 Jason and Chad Demmer - For saving the life of Forrest Perry. 1995\314 Harold and Helen Zeimet, Springbook - For celebrating their 50th wedding anniversary. 1995\315 Jared Greiner, Pekin Community School - For winning the Class 1A championship in the 112 lb. weight class of the 1995 State Wrestling Tournament. 1995\316 Aaron and Noah Monick, Iowa City - For receiving perfect scores on the Scholastic Aptitude Test. SUBCOMMITTEE ASSIGNMENTS Senate File 486 Appropriations: Millage, Chair; Gipp and Murphy. Senate Concurrent Resolution 31 Appropriations: Gipp, Chair; Garman and Kreiman. 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 486, a bill for an act relating to and making standing and other appropriations, corrective amendments, and other financial and regulatory matters and providing effective and applicability date provisions. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-4194, May 1, 1995. RESOLUTION FILED HCR 42, by Harrison, Fallon, Main, Boddicker and McCoy, a concurrent resolution to request the establishment of a legislative interim committee to study child visitation and custody issues. Laid over under Rule 25. AMENDMENTS FILED H-4194 S.F. 486 Committee on Appropriations H-4197 S.F. 486 Millage of Scott H-4204 S.F. 478 Weigel of Chickasaw Koenigs of Mitchell On motion by Gipp of Winneshiek, the House adjourned at 9:46 p.m. until 8:45 a.m., Wednesday, May 3, 1995.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 1)
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