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One Hundred-fifteenth Calendar Day - Seventy-sixth Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, May 3, 1995 The House met pursuant to adjournment at 8:45 a.m., Speaker Corbett in the chair. Prayer was offered by The Honorable Dan Carroll, state representative from Poweshiek County. The Journal of Tuesday, May 2, 1995 was approved. CONSIDERATION OF BILLS Unfinished Business Calendar The House resumed consideration of 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, previously deferred and placed on the unfinished business calendar. Weigel of Chickasaw offered the following amendment H-4204 filed by him and Koenigs and moved its adoption: H-4204 1 Amend Senate File 478, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by striking lines 24 through 27 and 4 inserting the following: 5 "Sec. ___. This Act applies retroactively to 6 January 1, 1995, for tax years beginning on or after 7 that date. However, the retroactive application of 8 this Act applies only to financial institutions that 9 have an investment in an investment subsidiary on or 10 after July 1, 1995, for the remainder of the 11 taxpayer's current taxable year." 12 2. Title page, line 4, by striking the words 13 "effective and". Amendment H-4204 was adopted. Halvorson of Clayton 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. 478) The ayes were, 96: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none: Absent or not voting, 4: Brammer Connors Grubbs Running The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. HOUSE FILE 557 WITHDRAWN Halvorson of Clayton asked and received unanimous consent to withdraw House File 557 from further consideration by the House. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 478 be immediately messaged to the Senate. RULE 57 SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent to suspend Rule 57, relating to committee notice and agenda, for an immediate meeting of the committee on appropriations. The House stood at ease at 9:30 a.m., until the fall of the gavel. The House resumed session at 10:03 a.m., Speaker Corbett in the chair. HOUSE RECEDES Nutt of Woodbury called up for consideration 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, amended by the House and moved that the House recede from its amendment. A non-record roll call was requested. The ayes were 55, nays 22. The motion prevailed and the House recedes. Nutt of Woodbury moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 189) The ayes were, 83: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Coon Cormack Cornelius Daggett Dinkla Disney Drake Drees Eddie Ertl Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kremer Lamberti Larkin Larson Lord Main Martin May McCoy Mertz Metcalf Meyer Millage Mundie Myers Nelson, B. Nelson, L. Nutt Rants Renken Salton Schrader Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Welter Witt Mr. Speaker Corbett The nays were, 13: Doderer Fallon Garman Harper Holveck Kreiman Mascher Moreland Murphy O'Brien Ollie Weigel Wise Absent or not voting, 4: Brammer Connors Running Shoultz The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 189 be immediately messaged to the Senate. RULE 60 INVOKED Siegrist of Pottawattamie asked and received unanimous consent to invoke Rule 60 to withdraw from committee Senate Concurrent Resolution 10. CONSIDERATION OF SENATE CONCURRENT RESOLUTION 10 Brauns of Muscatine asked and received unanimous consent for the immediate consideration of Senate Concurrent Resolution 10, a concurrent resolution relating to border city trucking agreements, and moved its adoption. The motion prevailed and the resolution was adopted. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate Concurrent Resolution 10 be immediately messaged to the Senate. RULES SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent to suspend the rules for the immediate consideration of Senate File 468. Regular Calendar Senate File 468, a bill for an act to legalize the transfer of certain property by the City of Keokuk and providing an effective date. 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?" (S.F. 468) The ayes were, 96: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 4: Brammer Connors Grubbs Running The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 468 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 3, 1995, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: 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. Also: That the Senate has on May 3, 1995, adopted the conference committee report and passed Senate File 481, a bill for an act relating to and making appropriations to the state department of transportation including allocation and use of moneys from the general fund, road use tax fund, and primary road fund, and making appropriations to various state agencies for capital projects, to the primary road fund, to county fairs and to the Iowa state fair from the rebuild Iowa infrastructure account and the general fund, relating to the living roadway trust fund and the state roadside specialist, the primary road and state highway system, and other transportation-related statutory changes, requiring transportation-related studies, making technical changes, and providing an effective date. JOHN F. DWYER, Secretary The House stood at ease at 10:40 a.m., until the fall of the gavel. The House reconvened at 11:25 a.m., Speaker Corbett in the chair. ADOPTION OF THE REPORT OF THE CONFERENCE COMMITTEE (Senate File 481) Millage of Scott called up for consideration the report of the conference committee on Senate File 481 and moved the adoption of the conference committee report and the amendments contained therein as follows: REPORT OF THE CONFERENCE COMMITTEE ON SENATE FILE 481 To the President of the Senate and the Speaker of the House of Representatives: We, the undersigned members of the conference committee appointed to resolve the differences between the Senate and the House of Representatives on Senate File 481, a bill for An Act relating to and making appropriations to the state department of transportation including allocation and use of moneys from the general fund, road use tax fund, and primary road fund, and making appropriations to various state agencies for capital projects, to the primary road fund, to county fairs and to the Iowa state fair from the rebuild Iowa infrastructure account and the general fund, relating to the living roadway trust fund and the state roadside specialist, the primary road and state highway system, and other transportation-related statutory changes, requiring transportation-related studies, making technical changes, and providing an effective date, respectfully make the following report: 1. That the Senate recedes from its amendment H-4143. 2. That the House recedes from its amendment S-3597. 3. That Senate File 481, as amended, passed, and reprinted by the Senate, is amended to read as follows: 1. Page 2, line 7, by striking the figure "21,810,473" and inserting the following: "21,960,473". 2. Page 2, by inserting after line 7 the following: "Of the moneys appropriated in this paragraph, a sufficient amount shall be allocated to provide effective and necessary oversight of the county treasurer's issuance of motor vehicle licenses in accordance with this Act." 3. Page 4, by striking lines 2 through 8. 4. Page 6, line 20, by striking the figure "3,000,000" and inserting the following: "2,000,000". 5. Page 6, line 23, by striking the figure "3,000,000" and inserting the following: "2,000,000". 6. Page 6, by striking lines 24 through 26 and inserting the following: "5. For the performing arts center and for fire and environmental safety, renovation, or for deferred maintenance at the university of northern Iowa: $ 3,000,000 Of the funds appropriated in this subsection, $1,000,000 shall be directed towards critical deferred maintenance, renovation and building costs and the remainder shall be used for the performing arts center." 7. Page 7, line 3, by striking the word and figure "January 15, 1996" and inserting the following: "August 31, 1995". 8. Page 7, by striking line 4 and inserting the following: "expenditures of moneys appropriated for fire and environmental safety, renovation, or for deferred maintenance under subsections 3 through 5." 9. Page 7, line 9, by striking the word "amount" and inserting the following: "amounts". 10. Page 7, line 10, by striking the word "purpose" and inserting the following: "purposes". 11. Page 7, by striking lines 11 through 35 and inserting the following: "1. For connection of the Fort Madison correctional facility with the Iowa communications network: $ 161,000 2. For remodeling of the visitation area at Mitchellville: $ 100,000" 12. Page 8, line 25, by striking the figure "300,000" and inserting the following: "250,000". 13. Page 8, by striking lines 33 through 35. 14. Page 9, line 9, by striking the figure "5,000,000" and inserting the following: "2,500,000". 15. By striking page 9, line 20, through page 10, line 3, and inserting the following: "2. Merged Area II $ 90,534 3. Merged Area III $ 103,952 4. Merged Area IV $ 38,156 5. Merged Area V $ 142,389 6. Merged Area VI $ 101,409 7. Merged Area VII $ 95,339 8. Merged Area IX $ 128,062 9. Merged Area X $ 205,158 10. Merged Area XI $ 192,269 11. Merged Area XII $ 83,645 12. Merged Area XIII $ 103,540 13. Merged Area XIV $ 40,819 14. Merged Area XV $ 104,318 15. Merged Area XVI $ 70,410" 16. Page 10, by inserting after line 7 the following: "Sec. ___. The appropriation to Merged Area I in section 8 of this Act is contingent upon the receipt of federal funds or private matching moneys. If the anticipated federal funding or private matching moneys are not received, the appropriation in section 8 shall be allocated by the department of education as follows: 1. Merged Area I $ 118,722 2. Merged Area II . $ 143,725 3. Merged Area III $ 165,027 4. Merged Area IV $ 60,573 5. Merged Area V $ 226,046 6. Merged Area VI $ 160,989 7. Merged Area VII $ 151,352 8. Merged Area IX $ 203,300 9. Merged Area X $ 325,692 10. Merged Area XI $ 305,230 11. Merged Area XII $ 132,789 12. Merged Area XIII $ 164,371 13. Merged Area XIV $ 64,801 14. Merged Area XV $ 165,606 15. Merged Area XVI $ 111,777" 17. Page 10, by striking lines 15 through 22 and inserting the following: "1. For exterior state capitol building restoration: $ 7,165,000 2. For interior state capitol building restoration: $ 2,100,000 3. For health, fire safety, and interior maintenance needs of the state capitol building: $ 1,600,000 4. For major maintenance needs including health, life and fire safety and for compliance with the federal Americans with disabilities Act for state-owned buildings and facilities: $ 4,000,000 5. For improvements at the state capital complex as follows: a. For construction of a tunnel under Grand avenue north from the State Capitol building: $ 1,500,000 b. For renovation of the old historical building: $ 6,200,000 c. For site preparation for the proposed parking ramp north of Des Moines street: $ 2,300,000" 18. By striking page 12, line 14 through page 13, line 30 and inserting the following: "DIVISION III LOTTERY TRANSFER Sec. . Notwithstanding the requirement in section 99E.10, subsection 1, to transfer lottery revenue remaining after expenses are deducted, notwithstanding the requirement under section 99E.20, subsection 2, for the commissioner to certify and transfer a portion of the lottery fund to the CLEAN fund, and notwithstanding the appropriations and allocations in section 99E.34, all lottery revenues received during the fiscal year beginning July 1, 1995, and ending June 30, 1996, after deductions as provided in section 99E.10, subsection 1, and as appropriated under any Act of the Seventy-sixth General Assembly, 1995 Session, shall not be transferred to and deposited into the CLEAN fund but shall be transferred and credited to the general fund of the state. Sec. . Notwithstanding 1994 Iowa Acts, chapter 1199, section 12, of the lottery revenues remaining after $34,400,000 is transferred and credited to the general fund of the state during the fiscal year beginning July 1, 1994, the following amounts shall be transferred in descending priority order as follows: 1. To the treasurer of state for the continued funding of Iowa's participation in the funding of the world food prize: $ 250,000 It is the intent of the general assembly that this appropriation of public funds will result in a commitment for additional funding for the world food prize from private sources. The treasurer of state shall only provide the funds appropriated in this section to the world food prize foundation if sufficient private funds are raised to maintain the world food prize foundation in Iowa and the foundation is structured to include representation that reflects environmental concerns and sustainable agriculture. 2. To the treasurer of state for purposes of allocating moneys to assist each of the 103 county fairs which are members of the association of Iowa fairs, for purposes of supporting annual county fairs and improvements to the county fairgrounds: $ 1,000,000 The treasurer of state shall allocate an equal amount to each member fair. However, moneys shall only be expended by a county fair on a dollar-for-dollar matching basis with moneys received from donations contributed to the county fair from private sources or moneys contributed by a county to aid the county fair pursuant to section 174.14. 3. To the Iowa state fair foundation for capital projects and major maintenance improvements at the Iowa state fairgrounds: $ 3,000,000 4. To the Loess Hills development and conservation authority, for deposit in the Loess Hills development and conservation fund created in section 161D.2 for the purposes specified in section 161D.1: $ 400,000 5. To the department of agriculture and land stewardship to use in cooperation with the department of corrections for a project of repairs and improvements at the national heritage orientation center and public market. It is the intent of the general assembly that the project serve as a pilot community services program using prison labor for regional economic development initiatives supporting Iowa agriculture and food products: $ 300,000 6. To the department of economic development for a grant to the Wallace foundation for rural research and development located in Atlantic, Iowa, for costs to develop an educational and outreach center: $ 725,000 7. To the department of cultural affairs for maintenance and improvement at the gothic house visitors center: $ 225,000 8. To the department of natural resources for purposes of continuing natural lake preservation efforts: $ 100,000 The department shall award the amount transferred in this subsection to a city as defined in section 362.2. The department shall award the amount on a matching basis with the department contributing one dollar for each one dollar dedicated by the city, or the city acting in conjunction with a county, regardless of the source from which the city or county obtains the money, for the continuation of natural lake preservation efforts, if the city or county has previously received state funding for such purposes. However, the city, or the city and county, must have dedicated at least $100,000 of local funds in order to qualify for the award. The city must also be located in a county having a population of less than 12,000. 9. To the department of natural resources for capital improvements at Backbone lake, other improvements of that state park, and preparation work and other costs associated with the park's 75th anniversary: $ 500,000 Of the appropriation in this subsection, up to $100,000 shall be used for bicycle trail improvements. 10. To the department of natural resources, to be combined with local match funding, for a study of dredging at Crystal lake in Winnebago county: $ 25,000 11. To the department of natural resources for purposes of creating, improving, or enhancing recreational opportunities directly related to the restoration and development of lake Ahquabi and related facilities, which shall include any necessary dredging operations, and which may also include swimming, boating, and fishing facilities: $ 184,000 The department shall return any amount of the transfer expended by the department under this subsection to the general fund of the state to the extent that the department receives moneys from the clean lakes program, administered by the United States environmental protection agency, for purposes described in this subsection. 12. To the department of economic development for operation and support of the Dows welcome center: $ 20,000 13. To the department of natural resources, to be combined with local match funding of two dollars for every one state dollar, for repair and replacement costs associated with the spillway at Hickory Grove lake: $ 250,000 14. To the department of agriculture and land stewardship for providing assistance in reconstructing and repairing flood-damaged dikes and levees on pasture and other agricultural land which is not used for crops: $ 75,000 15. To the department of education for a grant to Southeast Polk community school district to implement an interagency coalition strategy combining education, health, and social services in addressing the problems of children and families through school-linked services: $ 60,000 16. To the Iowa department of public health for a grant to establish a rural medical care center in Tama: $ 50,000 17. To the department of natural resources for a grant for costs associated with the Sauk rail trail and park improvements in Carroll: $ 30,000 18. To the department of natural resources for a grant for costs associated with renovation of the Boone walking trail: $ 5,000 19. To Iowa state university of science and technology for allocation to the Iowa institute for public leadership for operations costs: $ 25,000 20. To the printing division of the department of general services for publication of the under the golden dome publication as specified by the authorizing agency: $ 45,000 21. To the department of corrections for a grant to the amer-i-can program for training of inmates and correctional staff: $ 25,000 22. To the department of education for contracting with the Iowa alliance for arts education to execute the local arts comprehensive educational strategies program: $ 125,000 23. To the department of education for a grant to a community college to assist in a public-private partnership between the community college, a city, and a county in developing a center or program to provide child day care for nontraditional students: $ 75,000 24. To the department of general services for planning, design, site acquisition and preparation, and other expenditures necessary to establish a fee-based child day care program available to public employees officed at or near the capitol complex: $ 500,000 a. The general assembly considers child day care to be an important service for employers, employees, and their children. Employer-supported child care can have a positive impact upon employee morale and retention and can positively affect the children who are receiving child care services. High quality child care is of significant value to employers. It is believed that a quality, on-site child care program available to the children of state employees will provide a model for other employers in this state to emulate. b. (1) The legislative council is requested to appoint a capitol complex child day care program steering committee to provide direction to the department of general services in developing facility plans, establishing the facilities, developing operation policies, contracting with a vendor to operate the program, and other decisions involving establishment and operation of the program. The steering committee shall utilize the March 1990 consultant report to the capitol complex ad hoc committee on child care, particularly the intermediate quality recommendations, in its decision making. (2) The steering committee membership shall include members of the general assembly; representatives of the departments of general services, personnel, human services, and education; employees officed at the capitol complex who purchase child day care services; a representative of the state board of regents center for early childhood education; a representative of the Iowa state university of science and technology early childhood education programs; and other persons knowledgeable concerning child day care programs. c. In consultation with the steering committee, the director of the department of general services shall retain a consultant to oversee the process of developing the program and shall contract with a vendor to manage the program. d. The program shall be designed to operate with a capacity of 150 children and to regularly serve infants, toddlers, preschool, school age, and mildly ill children. 25. To the commission of veterans affairs, for donation to the women in military service for America memorial foundation for the purpose of constructing the women in military service memorial to be built at the gateway to Arlington national cemetery in Arlington, Virginia: $ 47,000 The executive director of the commission of veterans affairs shall forward this donation to the women in military service for America memorial foundation upon certification by the foundation that sufficient funding has been pledged to complete the construction of the memorial. 26. To the Iowa peace institute: $ 100,000 27. To the division of highway safety, uniformed force, and radio communications of the department of public safety for purchase and activation charges for cellular phones for force members: $ 50,000 28. To the department of economic development for expansion of the microbusiness rural enterprise demonstration project created pursuant to 1994 Iowa Acts, chapter 1119, section 34, to 30 additional counties in the fiscal year beginning July 1, 1995: $ 50,000 29. To the Iowa department of public health for a conference to develop a plan for provision of health insurance coverage to children of low-income families who are ineligible for medical assistance and have no health care coverage: $ 20,000 30. To the Iowa department of public health for a domestic violence conference: $ 20,000 31. To the department of corrections for a study of the development and use of a telecommunications network for worker training, inmate rehabilitation, and other related purposes in the sixth judicial district: $ 25,000 32. To Iowa state university of science and technology for a study of alternative project delivery systems for publicly funded infrastructure projects, provided the study is publicly distributed upon completion: $ 39,000 33. To the department of economic development for the Iowa members' cost share for the Lewis and Clark rural water system: $ 25,000 34. To the department of elder affairs for the 1995 older Iowans legislature: $ 20,000 35. To the judicial department for development and implementation of a long-range and strategic plan for the judicial branch of Iowa government: $ 50,000 36. To the department of education for allocation to the community college that experienced the highest percentage of increase in full-time fall enrollment for the period beginning July 1, 1989, and ending June 30, 1995, for purposes of renovating a building for use as an urban center with classrooms to prepare students for the workplace or to pursue postsecondary education: $ 150,000 37. To the department of human services for application by the department for grants to establish pilot projects for placements of geriatric patients who have a mental illness: $ 25,000 Any grant received may be used by the department to fund a coordinator to work with hospitals and nursing homes concerning placements of geriatric patients who have a mental illness. 38. To the college student aid commission for the Iowa hope loan program: $ 100,000 39. To the state department of transportation for the city of Durant to construct a curb on highway 927: $ 100,000 40. The remaining revenues to the Iowa state fair foundation for capital projects and major maintenance improvements at the Iowa state fairgrounds. If the remaining lottery revenues do not equal $5,500,000, then the remaining amount necessary to equal $5,500,000 is appropriated from the rebuild Iowa infrastructure fund to the Iowa state fair foundation for the fiscal year beginning July 1, 1995, and ending June 30, 1996. Notwithstanding section 8.33, moneys transferred and appropriated in accordance with this section shall not revert to the general fund of the state at the close of the fiscal year but shall remain available for expenditure for the purposes designated. Unless otherwise provided in this section, moneys transferred in this section which remain unobligated or unexpended for the purpose designated shall revert to the general fund of the state on August 31, 1997. Sec. . BLOOD RUN NATIONAL HISTORIC LANDMARK. The department of cultural affairs may use moneys appropriated to the department in 1994 Iowa Acts, chapter 1199, section 35, as necessary, to contract with the midwest region of the national park service to complete a study of blood run national historic landmark for the purpose of determining the feasibility of incorporating the landmark into the national park system. Notwithstanding section 8.33, moneys from the appropriation which remain unobligated or unexpended on June 30, 1995, shall not revert to the general fund of the state but shall remain available for use as provided in this section in the succeeding fiscal year. Sec. . EFFECTIVE DATE. This division of this Act, being deemed of immediate importance, takes effect upon enactment. DIVISION IV HIGHWAY PATROL Sec. . There is appropriated from the highway safety patrol fund to the division of highway safety, uniformed force, and radio communications of the department of public safety, for the fiscal year beginning July 1, 1995, and ending June 30, 1996, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For salaries, support, maintenance, workers' compensation costs, and miscellaneous purposes, including the state's contribution to the peace officers' retirement, accident, and disability system provided in chapter 97A in the amount of 18 percent of the salaries for which the funds are appropriated, and for not more than the following full-time equivalent positions: $ 33,210,467 FTEs 553.50 Sec. . HIGHWAY SAFETY PATROL FUND. There is appropriated from the general fund of the state to the highway safety patrol fund created in section 80.41, the following amounts for the fiscal years indicated: 1. For the fiscal year beginning July 1, 1996, and ending June 30, 1997, $9,000,000. 2. For the fiscal year beginning July 1, 1997, and ending June 30, 1998, $18,000,000. 3. For the fiscal year beginning July 1, 1998, and ending June 30, 1999, $27,000,000. 4. For the fiscal year beginning July 1, 1999, and ending June 30, 2000, $36,000,000, or such increased amounts as is necessary to fully fund those expenses for which an appropriation is made pursuant to section 80.41. Sec. . The division of highway safety, uniformed force, and radio communications may expend an amount proportional to the costs that are reimbursable from the highway safety patrol fund created in section 80.41, as enacted by this Act. Spending for these costs may occur from any unappropriated funds in the state treasury upon a finding by the department of management that all of the amounts requested and approved are reimbursable from the highway safety patrol fund. Upon payment to the highway safety patrol fund, the division of highway safety, uniformed force, and radio communications shall credit the payments necessary to reimburse the state treasury. Sec. . There is appropriated from the general fund of the state to the department of public safety for the fiscal year beginning July 1, 1995, and ending June 30, 1996, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: For payment to the department of personnel for expenses incurred in administering the merit system on behalf of the division of highway safety, uniformed force, and radio communications: $ 88,390 Sec. . NEW SECTION. 80.41 HIGHWAY SAFETY PATROL FUND. 1. A highway safety patrol fund is created as a separate fund in the state treasury under the control of the department of revenue and finance. Interest and other moneys earned by the fund shall be deposited in the fund. The fund shall include moneys credited from the use tax as allocated under section 423.24, subsection 2. 2. Moneys credited to the fund shall be expended, pursuant to appropriations made from the fund by the general assembly, by the division of highway safety, uniformed force, and radio communications of the department of public safety for salaries, including salary adjustment moneys, support, maintenance, and miscellaneous purposes, including workers' compensation expenses and the state's contribution to the peace officers' retirement, accident, and disability system provided in chapter 97A. 3. Notwithstanding section 8.33, moneys credited to the fund which remain unobligated or unexpended at the close of a fiscal year shall not revert to the general fund of the state but shall be credited to the fund from which they were appropriated. 4. This section is repealed July 1, 2000. Sec. . Section 423.24, subsection 2, Code 1995, is amended to read as follows: 2. Twenty percent of all revenue derived from the use tax on motor vehicles, trailers, and motor vehicle accessories and equipment as collected pursuant to section 423.7 shall be depositedin the GAAP deficit reduction account established inthe department of management pursuant to section 8.57,subsection 2, and shall be usedand credited one-half to the road use tax fund and one-half to the primary road fund to be used for the commercial and industrial highway network, except to the extent that the department directs that moneys are deposited in the highway safety patrol fund created in section 80.41 to fund the appropriations made from the highway safety patrol fund in accordance with the provisions ofthatsection 80.41. The department shall determine the amount of moneys to be credited under this subsection to the highway safety patrol fund and shall deposit that amount into the highway safety patrol fund." 19. Page 13, by inserting before line 31 the following: "DIVISION V" 20. By striking page 14, line 22, through page 15, line 4, and inserting the following: "Sec. . DRIVER'S LICENSE PILOT PROJECT. 1. The legislative council is requested to establish an interim study committee to evaluate expansion of the driver's license pilot program to include additional counties. The committee shall evaluate the benefits to the public from the issuance of driver's licenses by the counties and the cost effectiveness of doing so. The committee shall hear testimony from federal transportation officials regarding issuance of commercial driver's licenses and compliance with federal regulations. The committee shall provide recommendations regarding such expansion to the general assembly no later than December 15, 1995. 2. Notwithstanding any other provisions to the contrary, the county treasurers of Adams, Cass, Fremont, Mills, Montgomery, and Page counties may retain for deposit in the county general fund, up to five dollars for each motor vehicle license transaction, including, but not limited to, issuance or renewal of motor vehicle licenses, nonoperator's identification cards, or handicapped identification devices. 3. As a condition for retention of moneys under this subsection, a county treasurer shall document the actual quarterly expenditures associated with driver's license issuance including the amount of time spent during that quarter on driver's license-related activities, the proportionate share of salaries and benefits for county employees performing driver's license-related activities, the total numbers of transactions conducted, and other costs related to the administration of driver's license-related activities. Each county treasurer shall provide the documentation of expenditures to the state department of transportation and legislative fiscal bureau. If the county treasurer's total expenses are less than the moneys retained under this subsection, the county treasurer shall submit the difference to the treasurer of state on a quarterly basis. The treasurer of state shall deposit that amount in the road use tax fund. Sec. . NEW SECTION. 321.179 COUNTY TREASURERS --ISSUANCE OF MOTOR VEHICLE LICENSES. 1. Notwithstanding the provisions of this chapter or chapter 321L which grant sole authority to the department for the issuance of motor vehicle licenses, nonoperator's identification cards, and handicapped identification devices, the counties of Adams, Cass, Fremont, Mills, Montgomery, and Page shall be authorized to issue motor vehicle licenses, nonoperator's identification cards, and handicapped identification devices on a permanent basis. However, a county shall only be authorized to issue commercial driver's licenses if certified to do so by the department. If a county fails to meet the standards for certification under this section, the department itself shall provide for the issuance of commercial driver's licenses in that county. The department shall certify the county treasurers in the permanent counties to issue commercial driver's licenses if all of the following conditions are met: a. The driving skills test is the same as that which would otherwise be administered by the state. b. The county examiner contractually agrees to comply with the requirements of 49 C.F.R. </g> 383.75, adopted as of a specific date by rule by the department. c. The department provides supervision over the issuance of commercial driver's licenses and the administration of written tests by the county treasurers. 2. The department shall retain all supervisory authority over the county treasurers who shall be subject to the supervision of the department and shall be considered agents of the department when performing motor vehicle licensing functions." 21. By striking page 15, line 32, through page 17, line 17. 22. Page 17, by inserting after line 26 the following: "Sec. . INFRASTRUCTURE APPROPRIATIONS. If section 8.57, subsection 5, Code 1995, is amended by the Seventy-sixth General Assembly, 1995 Session, to change the name of the rebuild Iowa infrastructure account to the rebuild Iowa infrastructure fund, the appropriations in this or any other Act from the rebuild Iowa infrastructure account shall be deemed to be made from the rebuild Iowa infrastructure fund. Sec. . Section 321.179, as enacted in 1995 Iowa Acts, is repealed July 1, 1997." 23. By renumbering, redesignating and correcting internal references as necessary. ON THE PART OF THE HOUSE: ON THE PART OF THE SENATE: DAVID MILLAGE, Chair LARRY MURPHY, Chair CLYDE E. BRADLEY JOANN DOUGLAS BARRY BRAUNS DON E. GETTINGS C. ARTHUR OLLIE RODNEY HALVORSON STEVEN WARNSTADT JIM LIND A non-record roll call was requested. The ayes were 68, nays 22. The motion prevailed and the report was adopted. Millage of Scott moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 481) The ayes were, 81: Arnold Baker Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Cohoon Coon Cormack Cornelius Daggett Dinkla Doderer Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Kremer Lamberti Larson Lord Main Martin Mascher May McCoy Metcalf Meyer Millage Moreland Murphy Myers Nelson, B. Nelson, L. Nutt Ollie Rants Renken Running Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Witt Mr. Speaker Corbett The nays were, 16: Bell Churchill Disney Drees Fallon Koenigs Kreiman Larkin Mertz Mundie O'Brien Salton Schrader Schulte Van Fossen Wise Absent or not voting, 3: Brammer Connors Hanson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 481 be immediately messaged to the Senate. 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 484, a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority and other properly related matters, providing an effective date, and providing penalties. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-4212 May 3, 1995. Appropriations Calendar Senate File 484, a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority and other properly related matters, providing an effective date, and providing penalties, with report of committee recommending amendment and passage, was taken up for consideration. Millage of Scott offered amendment H-4212 filed by the committee on appropriations as follows: H-4212 1 Amend Senate File 484, 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 "Section 1. AUDITOR OF STATE. There is 6 appropriated from the general fund of the state to the 7 office of the auditor of state for the fiscal year 8 beginning July 1, 1995, and ending June 30, 1996, the 9 following amount, or so much thereof as is necessary, 10 to be used for the purposes designated: 11 For salaries, support, maintenance, miscellaneous 12 purposes, and for not more than the following full- 13 time equivalent positions: 14 $ 1,310,549 15 FTEs 112.50 16 The auditor of state may retain additional full- 17 time equivalent positions as is reasonable and 18 necessary to perform governmental subdivision audits 19 which are reimbursable pursuant to section 11.20 or 20 11.21, to perform audits which are requested by and 21 reimbursable from the federal government, and to 22 perform work requested by and reimbursable from 23 departments or agencies pursuant to section 11.5A or 24 11.5B. The auditor of state shall notify the 25 department of management, the legislative fiscal 26 committee, and the legislative fiscal bureau of the 27 additional full-time equivalent positions retained. 28 Sec. 2. IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD. 29 There is appropriated from the general fund of the 30 state to the Iowa ethics and campaign disclosure board 31 for the fiscal year beginning July 1, 1995, and ending 32 June 30, 1996, the following amount, or so much 33 thereof as is necessary, for the purposes designated: 34 For salaries, support, maintenance, miscellaneous 35 purposes, and for not more than the following full- 36 time equivalent positions: 37 $ 375,786 38 FTEs 8.00 39 Sec. 3. DEPARTMENT OF COMMERCE. There is 40 appropriated from the general fund of the state to the 41 department of commerce for the fiscal year beginning 42 July 1, 1995, and ending June 30, 1996, the following 43 amounts, or so much thereof as is necessary, for the 44 purposes designated: 45 1. PROFESSIONAL LICENSING AND REGULATION DIVISION 46 a. For salaries, support, maintenance, 47 miscellaneous purposes, and for not more than the 48 following full-time equivalent positions: 49 $ 897,802 50 FTEs 14.00 Page 2 1 b. There is appropriated from the title guaranty 2 fund created in section 16.91 to the professional 3 licensing and regulation division, an amount up to 4 $25,000, to be used to pay half the cost of employing 5 an auditor for real estate broker trust accounts. In 6 addition to the amount appropriated in this paragraph, 7 the commission may increase the license fees provided 8 for in section 543B.27 in an amount sufficient to pay 9 half the cost of employing an auditor for real estate 10 broker trust accounts. 11 2. ADMINISTRATIVE SERVICES DIVISION 12 For salaries, support, maintenance, miscellaneous 13 purposes, and for not more than the following full- 14 time equivalent positions: 15 $ 211,586 16 FTEs 2.00 17 It is the intent of the general assembly that the 18 two positions authorized in this subsection for the 19 division shall coordinate the administrative services 20 to be provided to the divisions in the department. 21 These two positions are under the direct supervision 22 of, and shall report to, the director of the 23 department. 24 The division of administrative services shall 25 assess each division within the department of commerce 26 and the office of consumer advocate within the 27 department of justice a pro rata share of the 28 operating expenses of the division of administrative 29 services. The pro rata share shall be determined 30 pursuant to a cost allocation plan established by the 31 division of administrative services and agreed to by 32 the administrators of the divisions and the consumer 33 advocate. To the extent practicable, the cost 34 allocation plan shall be based on the proportion of 35 the administrative expenses incurred on behalf of each 36 division and the office of consumer advocate. Each 37 division and the office of consumer advocate shall 38 include in its charges assessed or revenues generated, 39 an amount sufficient to cover the amount stated in its 40 appropriation, any state assessed indirect costs 41 determined by the department of revenue and finance, 42 and the cost of services provided by the division of 43 administrative services. 44 3. ALCOHOLIC BEVERAGES DIVISION 45 For salaries, support, maintenance, miscellaneous 46 purposes, and for not more than the following full- 47 time equivalent positions: 48 $ 1,861,105 49 FTEs 33.50 50 4. BANKING DIVISION Page 3 1 For salaries, support, maintenance, miscellaneous 2 purposes, and for not more than the following full- 3 time equivalent positions: 4 $ 5,375,058 5 FTEs 84.00 6 5. CREDIT UNION DIVISION 7 For salaries, support, maintenance, miscellaneous 8 purposes, and for not more than the following full- 9 time equivalent positions: 10 $ 1,047,066 11 FTEs 20.00 12 6. INSURANCE DIVISION 13 For salaries, support, maintenance, miscellaneous 14 purposes, and for not more than the following full- 15 time equivalent positions: 16 $ 2,924,482 17 FTEs 91.50 18 Of the amounts appropriated in this section to the 19 insurance division, not more than $100,000 shall be 20 used for the regulation of health insurance purchasing 21 cooperatives. 22 The insurance division may reallocate authorized 23 full-time equivalent positions as necessary to respond 24 to accreditation recommendations or requirements. The 25 insurance division expenditures for examination 26 purposes may exceed the projected receipts, refunds 27 and reimbursements, estimated pursuant to section 28 505.7, subsection 7, including the expenditures for 29 retention of additional personnel, if the expenditures 30 are fully reimburseable and the division first does 31 both of the following: 32 a. Notifies the department of management, 33 legislative fiscal bureau, and the legislative fiscal 34 committee of the need for the expenditures. 35 b. Files with each of the entities named in 36 paragraph "a" the legislative and regulatory 37 justification for the expenditures, along with an 38 estimate of the expenditures. 39 7. UTILITIES DIVISION 40 For salaries, support, maintenance, miscellaneous 41 purposes, and for not more than the following full- 42 time equivalent positions: 43 $ 4,911,871 44 FTEs 79.00 45 The utilities division may expend additional funds, 46 including funds for additional personnel, if those 47 additional expenditures are actual expenses which 48 exceed the funds budgeted for utility regulation. 49 Before the division expends or encumbers an amount in 50 excess of the funds budgeted for regulation, the Page 4 1 director of the department of management shall approve 2 the expenditure or encumbrance. Before approval is 3 given, the director of the department of management 4 shall determine that the regulation expenses exceed 5 the funds budgeted by the general assembly to the 6 division and that the division does not have other 7 funds from which regulation expenses can be paid. 8 Upon approval of the director of the department of 9 management the division may expend and encumber funds 10 for excess regulation expenses. The amounts necessary 11 to fund the excess regulation expenses shall be 12 collected from those utility companies being regulated 13 which caused the excess expenditures, and the 14 collections shall be treated as repayment receipts as 15 defined in section 8.2. 16 Sec. 4. There is appropriated from the general 17 fund of the state to the following named agencies for 18 the fiscal year beginning July 1, 1995, and ending 19 June 30, 1996, the following amounts, or so much 20 thereof as is necessary, to be used for the purposes 21 designated: 22 1. COMMISSION ON UNIFORM STATE LAWS 23 For support of the commission and expenses of the 24 members: 25 $ 20,803 26 2. NATIONAL CONFERENCE OF STATE LEGISLATURES 27 For support of the membership assessment: 28 $ 87,719 29 3. AMERICAN LEGISLATIVE EXCHANGE COUNCIL 30 For support of biennial individual dues of $50 31 payable upon request of a legislator: 32 $ 7,500 33 Sec. 5. There is appropriated from the general 34 fund of the state to the department of general 35 services for the fiscal year beginning July 1, 1995, 36 and ending June 30, 1996, the following amounts, or so 37 much thereof as is necessary, to be used for the 38 purposes designated: 39 1. ADMINISTRATION DIVISION 40 For salaries, support, maintenance, miscellaneous 41 purposes, and for not more than the following full- 42 time equivalent positions: 43 $ 1,190,167 44 FTEs 32.35 45 2. INFORMATION SERVICES DIVISION 46 For salaries, support, maintenance, miscellaneous 47 purposes, and for not more than the following full- 48 time equivalent positions: 49 $ 5,497,002 50 FTEs 141.60 Page 5 1 3. PROPERTY MANAGEMENT DIVISION 2 For salaries, support, maintenance, miscellaneous 3 purposes, and for not more than the following full- 4 time equivalent positions: 5 $ 3,935,381 6 FTEs 113.00 7 The department of general services shall not change 8 the appropriations for the purposes designated in 9 subsections 1 through 3 from the amounts appropriated 10 under those subsections unless notice of the revisions 11 is given prior to their effective date to the 12 legislative fiscal bureau. The notice shall include 13 information on the department's rationale for making 14 the changes. 15 Savings achieved in providing telephone services 16 shall be used by the department of general services to 17 increase efficiencies in the provision of those 18 services. The department of general services shall 19 report not later than August 31, 1996, on the projects 20 undertaken to the chairpersons and the ranking members 21 of the joint appropriations subcommittee on 22 administration and regulation and to the legislative 23 fiscal bureau. The report shall include a listing of 24 the projects and efficiencies undertaken during the 25 fiscal year, the cost of each project, and the 26 benefits, including the projected savings on an annual 27 basis and for the life of the efficiency improvement. 28 4. CAPITOL PLANNING COMMISSION 29 For expenses of the members in carrying out their 30 duties under chapter 18A: 31 $ 1,256 32 5. RENTAL SPACE 33 For payment of lease or rental costs of buildings 34 and office space at the seat of government as provided 35 in section 18.12, subsection 9, notwithstanding 36 section 18.16: 37 $ 607,955 38 6. UTILITY COSTS 39 For payment of utility costs and for not more than 40 the following full-time equivalent positions: 41 $ 2,059,178 42 FTEs 1.00 43 The department of general services may use funds 44 appropriated in this subsection for utility costs to 45 fund energy conservation projects in the state capitol 46 complex which will have a 100 percent payback within a 47 24-month period. In addition, notwithstanding 48 sections 8.33 and 18.12, subsection 11, any excess 49 funds appropriated for utility costs in this 50 subsection shall not revert to the general fund of the Page 6 1 state on June 30, 1996, and these funds shall be used 2 for implementation of energy conservation projects 3 having a payback of 100 percent within a two-year to 4 six-year period. The department of general services 5 shall report not later than August 31, 1996, on the 6 projects having 100 percent payback within a six-year 7 period to the chairpersons and ranking members of the 8 joint appropriations subcommittee on administration 9 and regulation and to the legislative fiscal bureau. 10 The report shall include a listing of the projects 11 undertaken, the cost of each project, and the 12 projected savings on an annual basis and for the life 13 of the project. 14 7. TERRACE HILL OPERATIONS 15 For salaries, support, maintenance, and 16 miscellaneous purposes necessary for the operation of 17 Terrace Hill and for not more than the following full- 18 time equivalent positions: 19 $ 164,637 20 FTEs 4.00 21 Sec. 6. There is appropriated from the designated 22 revolving funds to the department of general services 23 for the fiscal year beginning July 1, 1995, and ending 24 June 30, 1996, the following amounts, or so much 25 thereof as is necessary, to be used for the purposes 26 designated: 27 1. From the centralized printing permanent 28 revolving fund established by section 18.57 for 29 salaries, support, maintenance, miscellaneous 30 purposes, and for not more than the following full- 31 time equivalent positions: 32 $ 912,217 33 FTEs 26.05 34 2. The remainder of the centralized printing 35 permanent revolving fund is appropriated for the 36 expense incurred in supplying paper stock, offset 37 printing, copy preparation, binding, distribution 38 costs, original payment of printing and binding claims 39 and contingencies arising during the fiscal year 40 beginning July 1, 1995, and ending June 30, 1996, 41 which are legally payable from this fund. 42 3. From the centralized purchasing permanent 43 revolving fund established by section 18.9 for 44 salaries, support, maintenance, miscellaneous 45 purposes, and for not more than the following full- 46 time equivalent positions: 47 $ 734,140 48 FTEs 16.05 49 4. The remainder of the centralized purchasing 50 permanent revolving fund is appropriated for the Page 7 1 payment of expenses incurred through purchases by 2 various state departments and for contingencies 3 arising during the fiscal year beginning July 1, 1995, 4 and ending June 30, 1996, which are legally payable 5 from this fund. 6 5. From the vehicle dispatcher revolving fund 7 established by section 18.119 for salaries, support, 8 maintenance, miscellaneous purposes, and for not more 9 than the following full-time equivalent positions: 10 $ 625,075 11 FTEs 15.00 12 6. The remainder of the vehicle dispatcher 13 revolving fund is appropriated for the purchase of 14 gasoline, gasohol, oil, tires, repairs, and all other 15 maintenance expenses incurred in the operation of 16 state-owned motor vehicles and for contingencies 17 arising during the fiscal year beginning July 1, 1995, 18 and ending June 30, 1996, which are legally payable 19 from this fund. 20 The vehicle dispatcher shall report, not later than 21 February 15, 1996, to the chairpersons and the ranking 22 members of the joint appropriations subcommittee on 23 administration and regulation and to the legislative 24 fiscal bureau regarding the efficiencies of the 25 vehicle fleet and the changes in the efficiencies. 26 The report shall include the cost per mile, fuel 27 efficiencies, maintenance costs, useful life, the 28 costs of extending the useful life, and other measures 29 which the vehicle dispatcher or the legislative fiscal 30 bureau finds appropriate. The information shall be 31 reported for each general type of vehicle. The 32 overhead costs shall also be reported with the total 33 costs of the vehicle dispatcher operations. 34 The department of general services shall report to 35 the chairpersons and ranking members of the joint 36 appropriations subcommittee on administration and 37 regulation and the legislative fiscal bureau not later 38 than February 15, 1996, a comparison of the 39 performance of vehicles burning an 85 percent ethanol 40 mixture and those burning a 10 percent ethanol 41 mixture. The report shall include, but is not limited 42 to, average mileage, vehicle life, and problems 43 encountered. 44 Sec. 7. GOVERNOR AND LIEUTENANT GOVERNOR. There 45 is appropriated from the general fund of the state to 46 the offices of the governor and the lieutenant 47 governor for the fiscal year beginning July 1, 1995, 48 and ending June 30, 1996, the following amounts, or so 49 much thereof as is necessary, to be used for the 50 purposes designated: Page 8 1 1. For salaries, support, maintenance, and 2 miscellaneous purposes for the general office of the 3 governor and the general office of the lieutenant 4 governor, and for not more than the following full- 5 time equivalent positions: 6 $ 1,088,936 7 FTEs 17.25 8 2. For the governor's expenses and the lieutenant 9 governor's expenses connected with office: 10 $ 2,416 11 3. For salaries, support, maintenance, and 12 miscellaneous purposes for the governor's quarters at 13 Terrace Hill, and for not more than the following 14 full-time equivalent positions: 15 $ 51,746 16 FTEs 1.50 17 4. For the payment of expenses of ad hoc 18 committees, councils, and task forces appointed by the 19 governor to research and analyze a particular subject 20 area relevant to the problems and responsibilities of 21 state and local government, including the employment 22 of professional, technical, and administrative staff 23 and the payment of per diem and actual expenses of 24 committee, council, or task force members as specified 25 pursuant to section 7E.6: 26 $ 1,610 27 The ad hoc committees, councils, and task forces 28 appointed by the governor are subject to chapters 21 29 and 22 and the members and the staff shall be informed 30 of these requirements. A member shall not receive a 31 per diem if the member is receiving a salary as a 32 full-time public employee, but members shall be 33 reimbursed for actual and necessary expenses. 34 5. For salaries, support, maintenance, and 35 miscellaneous purposes for the office of 36 administrative rules coordinator, and for not more 37 than the following full-time equivalent positions: 38 $ 108,336 39 FTEs 2.00 40 6. For payment of Iowa's membership in the 41 national governors' conference: 42 $ 74,435 43 Sec. 8. DEPARTMENT OF INSPECTIONS AND APPEALS. 44 There is appropriated from the general fund of the 45 state to the department of inspections and appeals for 46 the fiscal year beginning July 1, 1995, and ending 47 June 30, 1996, the following amounts, or so much 48 thereof as is necessary, for the purposes designated: 49 1. FINANCE AND SERVICES DIVISION 50 For salaries, support, maintenance, miscellaneous Page 9 1 purposes, and for not more than the following full- 2 time equivalent positions: 3 $ 467,275 4 FTEs 21.00 5 2. AUDITS DIVISION 6 For salaries, support, maintenance, miscellaneous 7 purposes, and for not more than the following full- 8 time equivalent positions: 9 $ 352,092 10 FTEs 11.00 11 3. APPEALS AND FAIR HEARINGS DIVISION 12 For salaries, support, maintenance, miscellaneous 13 purposes, and for not more than the following full- 14 time equivalent positions: 15 $ 223,048 16 FTEs 24.00 17 4. INVESTIGATIONS DIVISION 18 For salaries, support, maintenance, miscellaneous 19 purposes, and for not more than the following full- 20 time equivalent positions: 21 $ 729,111 22 FTEs 35.00 23 5. HEALTH FACILITIES DIVISION 24 For salaries, support, maintenance, miscellaneous 25 purposes, and for not more than the following full- 26 time equivalent positions: 27 $ 1,663,070 28 FTEs 101.00 29 6. INSPECTIONS DIVISION 30 For salaries, support, maintenance, miscellaneous 31 purposes, and for not more than the following full- 32 time equivalent positions: 33 $ 577,869 34 FTEs 13.00 35 7. EMPLOYMENT APPEAL BOARD 36 For salaries, support, maintenance, miscellaneous 37 purposes, and for not more than the following full- 38 time equivalent positions: 39 $ 33,067 40 FTEs 15.00 41 The employment appeal board shall be reimbursed by 42 the labor services division of the department of 43 employment services for all costs associated with 44 hearings conducted under chapter 91C, related to 45 contractor registration. The board may expend, in 46 addition to the amount appropriated under this 47 subsection, additional amounts as are directly 48 billable to the labor services division under this 49 subsection and to retain the additional full-time 50 equivalent positions as needed to conduct hearings Page 10 1 required pursuant to chapter 91C. 2 8. STATE FOSTER CARE REVIEW BOARD 3 For salaries, support, maintenance, miscellaneous 4 purposes, and for not more than the following full- 5 time equivalent positions: 6 $ 527,041 7 FTEs 10.00 8 The department of human services, in coordination 9 with the state foster care review board and the 10 department of inspections and appeals, shall submit an 11 application for funding available pursuant to Title 12 IV-E of the federal Social Security Act for claims for 13 state foster care review board administrative review 14 costs. 15 9. The department of inspections and appeals shall 16 provide an accounting of all costs associated with 17 negotiating agreements and compacts pursuant to 18 section 10A.104, subsection 10, and all costs 19 associated with monitoring such agreements and 20 compacts. Information in the accounting shall include 21 the dates and destinations of all travel related to 22 the negotiations and monitoring, and all costs 23 associated with the personnel involved, including 24 salary, travel, and support costs. 25 Sec. 9. RACETRACK REGULATION. There is 26 appropriated from the general fund of the state to the 27 racing and gaming commission of the department of 28 inspections and appeals for the fiscal year beginning 29 July 1, 1995, and ending June 30, 1996, the following 30 amount, or so much thereof as is necessary, to be used 31 for the purposes designated: 32 For salaries, support, maintenance, miscellaneous 33 purposes, for the regulation of pari-mutuel 34 racetracks, and for not more than the following full- 35 time equivalent positions: 36 $ 1,760,378 37 FTEs 23.85 38 Sec. 10. EXCURSION BOAT REGULATION. There is 39 appropriated from the general fund of the state to the 40 racing and gaming commission of the department of 41 inspections and appeals for the fiscal year beginning 42 July 1, 1995, and ending June 30, 1996, the following 43 amount, or so much thereof as is necessary, to be used 44 for the purposes designated: 45 For salaries, support, maintenance, and 46 miscellaneous purposes for administration and 47 enforcement of the excursion boat gambling laws, and 48 for not more than the following full-time equivalent 49 positions: 50 $ 860,651 Page 11 1 FTEs 17.11 2 It is the intent of the general assembly that the 3 racing and gaming commission shall only employ 4 additional full-time equivalent positions for 5 riverboat gambling enforcement as authorized by the 6 department of management as needed for enforcement on 7 new riverboats. If more than six riverboats are 8 operating during the fiscal year beginning July 1, 9 1995, and ending June 30, 1996, the commission may 10 expend no more than $84,917 for no more than 2.00 FTEs 11 for each additional riverboat in excess of six. The 12 additional expense associated with the positions shall 13 be paid from fees assessed by the commission as 14 provided in chapter 99F. 15 Notwithstanding section 8.39, funds shall not be 16 transferred to the department of inspections and 17 appeals which would be used for monitoring Indian 18 gaming. 19 Sec. 11. DEPARTMENT OF INSPECTIONS AND APPEALS -- 20 SERVICE CHARGES. The department of inspections and 21 appeals may charge state departments, agencies, and 22 commissions for services rendered and the payment 23 received shall be considered repayment receipts as 24 defined in section 8.2. 25 Sec. 12. USE TAX APPROPRIATION. There is 26 appropriated from the use tax receipts collected 27 pursuant to section 423.7 prior to their deposit in 28 the road use tax fund pursuant to section 423.24, 29 subsection 1, to the appeals and fair hearings 30 division of the department of inspections and appeals 31 for the fiscal year beginning July 1, 1995, and ending 32 June 30, 1996, the following amount, or so much 33 thereof as is necessary, for the purposes designated: 34 For salaries, support, maintenance, and 35 miscellaneous purposes: 36 $ 924,090 37 Sec. 13. DEPARTMENT OF MANAGEMENT. There is 38 appropriated from the general fund of the state to the 39 department of management for the fiscal year beginning 40 July 1, 1995, and ending June 30, 1996, the following 41 amounts, or so much thereof as is necessary, to be 42 used for the purposes designated: 43 1. GENERAL OFFICE 44 For salaries, support, maintenance, miscellaneous 45 purposes, and for not more than the following full- 46 time equivalent positions: 47 $ 1,959,287 48 FTEs 29.00 49 2. LAW ENFORCEMENT TRAINING REIMBURSEMENTS 50 For reimbursement to local law enforcement agencies Page 12 1 for the training of officers who resign pursuant to 2 section 384.15, subsection 7: 3 $ 47,500 4 3. COUNCIL OF STATE GOVERNMENTS 5 For support of the membership assessment: 6 $ 75,500 7 Sec. 14. There is appropriated from the road use 8 tax fund to the department of management for the 9 fiscal year beginning July 1, 1995, and ending June 10 30, 1996, the following amount, or so much thereof as 11 is necessary, to be used for the purposes designated: 12 For salaries, support, maintenance, and 13 miscellaneous purposes: 14 $ 56,000 15 The department of management shall report to the 16 chairpersons and ranking members of the senate and 17 house committees on appropriations, the chairpersons 18 and ranking members of the joint appropriations 19 subcommittee on administration and regulation, and the 20 legislative fiscal bureau, the number of furloughs and 21 the number of layoffs that occur in each state agency, 22 the savings associated with those furloughs and 23 layoffs, the effect of the furloughs and layoffs on 24 services provided by the state agency, and other 25 relevant information. The department shall provide a 26 year-end report summarizing the information for the 27 fiscal year beginning July 1, 1995, which will be due 28 by September 1, 1996. 29 When addressing staffing targets for state 30 agencies, the department of management shall state the 31 number of staff authorized for a state agency in terms 32 of full-time equivalent positions. 33 Sec. 15. There is appropriated from the general 34 fund of the state to the department of personnel for 35 the fiscal year beginning July 1, 1995, and ending 36 June 30, 1996, the following amounts, or so much 37 thereof as is necessary, to be used for the purposes 38 designated including the filing of quarterly reports 39 as required in this section: 40 1. OPERATIONS 41 For salaries, support, maintenance, and 42 miscellaneous purposes for the director's staff, 43 information services, data processing, and financial 44 services, and for not more than the following full- 45 time equivalent positions: 46 $ 1,041,716 47 FTEs 18.58 48 2. PROGRAM DELIVERY 49 For salaries for personnel services, employment law 50 and labor relations and training for not more than the Page 13 1 following full-time equivalent positions: 2 $ 1,213,964 3 FTEs 33.20 4 3. PROGRAM ADMINISTRATION AND DEVELOPMENT 5 For salaries for employment, compensation, and 6 benefits and workers' compensation and for not more 7 than the following full-time equivalent positions: 8 $ 1,386,933 9 FTEs 32.80 10 Any funds received by the department for workers' 11 compensation purposes other than the funds 12 appropriated in subsection 3 shall be used only for 13 the payment of workers' compensation claims. 14 The funds for support, maintenance, and 15 miscellaneous purposes for personnel assigned to 16 program delivery under subsection 2 and program 17 administration and development under subsection 3 are 18 payable from the appropriation made in subsection 1. 19 The department of personnel shall report semi- 20 annually to the chairpersons and ranking members of 21 the joint appropriations subcommittee on 22 administration and regulation concerning the number of 23 vacancies in existing full-time equivalent positions 24 and the average time taken to fill the vacancies. The 25 reports shall include quarterly and annual averages 26 organized according to state agency and general 27 occupational category as established by the federal 28 equal employment opportunity commission. All 29 departments and agencies of the state shall cooperate 30 with the department in the preparation of the reports. 31 Sec. 16. IPERS. There is appropriated from the 32 Iowa public employees' retirement system fund to the 33 department of personnel for the fiscal year beginning 34 July 1, 1995, and ending June 30, 1996, the following 35 amount, or so much thereof as is necessary, to be used 36 for the purposes designated: 37 1. For salaries, support, maintenance, and other 38 operational purposes to pay the costs of the Iowa 39 public employees' retirement system: 40 $ 3,749,983 41 2. It is the intent of the general assembly that 42 the Iowa public employees' retirement system employ 43 sufficient staff within the appropriation provided in 44 this section to meet the developing requirements of 45 the investment program. 46 3. The department of personnel shall submit, 47 annually, a report to the chairpersons and ranking 48 members of the joint appropriations subcommittee on 49 administration and regulation and to the legislative 50 fiscal bureau regarding the results of the state's top Page 14 1 achievement recognition program. The reports 2 submitted shall include, but are not limited to, 3 identification of the recipients, a description of the 4 meritorious achievements, and the awards conferred. 5 Sec. 17. There is appropriated from the primary 6 road fund to the department of personnel for the 7 fiscal year beginning July 1, 1995, and ending June 8 30, 1996, the following amount, or so much thereof as 9 is necessary, to be used for the purposes designated: 10 For salaries, support, maintenance, and 11 miscellaneous purposes to provide personnel services 12 for the state department of transportation: 13 $ 331,694 14 Sec. 18. There is appropriated from the road use 15 tax fund to the department of personnel for the fiscal 16 year beginning July 1, 1995, and ending June 30, 1996, 17 the following amount, or so much thereof as is 18 necessary, to be used for the purposes designated: 19 For salaries, support, maintenance, and 20 miscellaneous purposes to provide personnel services 21 for the state department of transportation: 22 $ 53,996 23 Sec. 19. There is appropriated from the general 24 fund of the state to the department of revenue and 25 finance for the fiscal year beginning July 1, 1995, 26 and ending June 30, 1996, the following amounts, or so 27 much thereof as is necessary, to be used for the 28 purposes designated, and for not more than the 29 following full-time equivalent positions used for the 30 purposes designated in subsections 1 through 3: 31 FTEs 577.43 32 1. AUDIT AND COMPLIANCE 33 For salaries, support, maintenance, and 34 miscellaneous purposes: 35 $ 10,563,293 36 2. STATE FINANCIAL MANAGEMENT 37 For salaries, support, maintenance, and 38 miscellaneous purposes: 39 $ 9,376,548 40 3. INTERNAL RESOURCES MANAGEMENT 41 For salaries, support, maintenance, and 42 miscellaneous purposes: 43 $ 5,910,111 44 4. COLLECTION COSTS AND FEES 45 For payment of collection costs and fees pursuant 46 to section 422.26: 47 $ 45,000 48 8. a. The department of revenue and finance shall 49 not change the appropriations for the purposes 50 designated in subsections 1 through 3 from the amounts Page 15 1 appropriated in those subsections unless notice of the 2 revisions is given prior to their effective date to 3 the legislative fiscal bureau. The notice shall 4 include information on the department's rationale for 5 making the changes. 6 b. The department of revenue and finance shall 7 report quarterly to the legislative fiscal bureau 8 concerning progress in the implementation of generally 9 accepted accounting principles, including 10 determination of reporting entities, fund 11 classifications, modification of the Iowa financial 12 accounting system, progress on preparing a 13 comprehensive annual financial report, and the most 14 current estimate of the general fund balance based on 15 current generally accepted accounting principles. 16 c. The director of revenue and finance shall 17 report annually to the chairpersons and ranking 18 members of the joint appropriations subcommittee on 19 administration and regulation and the legislative 20 fiscal bureau on the implementation and financial 21 status of the integrated revenue information system. 22 The report shall include any changes from the 23 scheduled progress including expenditures or estimated 24 revenue. 25 d. The director of revenue and finance shall 26 prepare and issue a state appraisal manual and the 27 revisions to the state appraisal manual as provided in 28 section 421.17, subsection 18, without cost to a city 29 or county. 30 Sec. 20. There is appropriated from the lottery 31 fund to the department of revenue and finance for the 32 fiscal year beginning July 1, 1995, and ending June 33 30, 1996, the following amount, or so much thereof as 34 is necessary, to be used for the purposes designated: 35 For salaries, support, maintenance, miscellaneous 36 purposes for the administration and operation of 37 lottery games, and for not more than the following 38 full-time equivalent positions: 39 $ 7,408,016 40 FTEs 120.00 41 Sec. 21. There is appropriated from the motor 42 vehicle fuel tax fund created by section 452A.77 to 43 the department of revenue and finance for the fiscal 44 year beginning July 1, 1995, and ending June 30, 1996, 45 the following amount, or so much thereof as is 46 necessary, to be used for the purposes designated: 47 For salaries, support, maintenance, and 48 miscellaneous purposes for administration and 49 enforcement of the provisions of chapter 452A and the 50 motor vehicle use tax program: Page 16 1 $ 1,008,025 2 Sec. 22. There is appropriated from the general 3 fund of the state to the office of the secretary of 4 state for the fiscal year beginning July 1, 1995, and 5 ending June 30, 1996, the following amounts, or so 6 much thereof as is necessary, to be used for the 7 purposes designated: 8 1. ADMINISTRATION AND ELECTIONS 9 For salaries, support, maintenance, miscellaneous 10 purposes, and for not more than the following full- 11 time equivalent positions: 12 $ 520,514 13 FTEs 9.00 14 2. BUSINESS SERVICES 15 For salaries, support, maintenance, miscellaneous 16 purposes, and for not more than the following full- 17 time equivalent positions: 18 $ 1,565,021 19 FTEs 28.00 20 3. For costs incurred in the printing of the 21 official register: 22 $ 60,000 23 Sec. 23. STATE-FEDERAL RELATIONS. There is 24 appropriated from the general fund of the state to the 25 office of state-federal relations for the fiscal year 26 beginning July 1, 1995, and ending June 30, 1996, the 27 following amount, or so much thereof as is necessary, 28 to be used for the purposes designated: 29 For salaries, support, maintenance, miscellaneous 30 purposes, and for not more than the following full- 31 time equivalent positions: 32 $ 235,521 33 FTEs 3.00 34 Sec. 24. TREASURER. There is appropriated from 35 the general fund of the state to the office of 36 treasurer of state for the fiscal year beginning July 37 1, 1995, and ending June 30, 1996, the following 38 amount, or so much thereof as is necessary, to be used 39 for the purposes designated: 40 For salaries, support, maintenance, miscellaneous 41 purposes, and for not more than the following full- 42 time equivalent positions: 43 $ 855,694 44 FTEs 27.80 45 The office of treasurer of state shall supply 46 clerical and secretarial support for the executive 47 council. 48 Sec. 25. SECOND INJURY FUND. The administrative 49 costs and expenses incurred by the treasurer of state, 50 the attorney general, the second injury fund, or the Page 17 1 department of revenue and finance, in connection with 2 the second injury fund, may be paid from the second 3 injury fund. However, the payment of administrative 4 costs and expenses incurred by the treasurer of state, 5 the attorney general, the second injury fund, and the 6 department of revenue and finance, as authorized in 7 this section, shall only be permitted for 8 administrative costs and expenses incurred in the 9 fiscal year commencing July 1, 1995, and ending June 10 30, 1996, shall not exceed $170,000. 11 Sec. 26. STATE WORKERS' COMPENSATION CLAIMS. 12 There is appropriated from the general fund of the 13 state to the department of personnel for the fiscal 14 year beginning July 1, 1995, and ending June 30, 1996, 15 the following amount, or so much thereof as is 16 necessary, to be used for the purpose designated: 17 For distribution, subject to approval of the 18 department of management, to various state departments 19 to fund the premiums for paying workers' compensation 20 claims which are assessed to and collected from the 21 state department by the department of personnel based 22 upon a rating formula established by the department of 23 personnel: 24 $ 5,884,740 25 The premiums collected by the department of 26 personnel shall be segregated into a separate workers' 27 compensation fund in the state treasury to be used for 28 payment of state employees' workers' compensation 29 claims. Notwithstanding section 8.33, unencumbered or 30 unobligated moneys remaining in this workers' 31 compensation fund at the end of the fiscal year shall 32 not revert but shall be available for expenditure for 33 purposes of the fund for subsequent fiscal years. 34 Sec. 27. CENTRALIZED PURCHASING REVOLVING FUND 35 TRANSFER. Notwithstanding section 18.9, there is 36 transferred from the centralized purchasing revolving 37 fund created under section 18.9 to the general fund of 38 the state on June 30, 1995, the sum of $135,000. 39 Sec. 28. IMPLEMENTATION OF FUNDING REDUCTIONS -- 40 INTENT OF GENERAL ASSEMBLY. It is the intent of the 41 general assembly that the departments, agencies, and 42 offices of the executive department of state 43 government shall implement funding reductions through 44 organizational changes which reduce supervisory 45 positions, vertically and horizontally, and increase 46 the span of control of the remaining supervisors as 47 recommended by the governor's committee on government 48 spending reform. 49 Sec. 29. ELIMINATION OF VACANT UNFUNDED JOBS. The 50 state departments, agencies, or offices receiving Page 18 1 appropriations under this Act shall eliminate, within 2 thirty days after the beginning of a fiscal year, all 3 vacant unfunded positions on the table of organization 4 of the state department, agency, or office. 5 Sec. 30. STATE COMMUNICATIONS NETWORK -- REDUCTION 6 OF TRAVEL AND RELATED EXPENSES. The offices of the 7 governor and lieutenant governor, the office of 8 secretary of state, the office of treasurer of state, 9 the auditor of state, the department of commerce, the 10 department of inspections and appeals, the Iowa ethics 11 and campaign disclosure board, the department of 12 general services, the department of management, the 13 department of revenue and finance, and the department 14 of personnel shall use the services of the state 15 communications network as much as possible for 16 interagency communication, meetings, and conferences 17 to reduce travel and related expenses for the 18 respective offices or departments. 19 Sec. 31. REPORT OF ADDITIONAL INCOME AND 20 EXPENDITURES. The state departments, agencies, and 21 offices receiving appropriations under this Act shall 22 report all expenses in excess of the funds 23 appropriated from any statutory revolving funds during 24 the fiscal year beginning July 1, 1994, and ending 25 June 30, 1995. The report shall also include the 26 beginning and ending balances of the revolving funds. 27 The report required pursuant to this section shall 28 be submitted not later than September 30, 1995, for 29 expenditures made during the fiscal year beginning 30 July 1, 1994, and ending June 30, 1995, to the 31 chairpersons and ranking members of the joint 32 appropriations subcommittee on administration and 33 regulations and the legislative fiscal bureau. 34 Sec. 32. FEDERAL GRANTS. All federal grants to 35 and the federal receipts of agencies appropriated 36 funds under this Act, not otherwise appropriated, are 37 appropriated for the purposes set forth in the federal 38 grants or receipts unless otherwise provided by the 39 general assembly. 40 Sec. 33. EFFECTIVE DATE. This section and section 41 27 of this Act take effect on June 30, 1995. The 42 remainder of this Act takes effect on July 1, 1995." 43 2. Title page, by striking lines 3 and 4 and 44 inserting the following: "providing for other 45 properly related matters, and providing an effective 46 date." Millage of Scott offered the following amendment H-4214, to the committee amendment H-4212, filed by him from the floor and moved its adoption: H-4214 1 Amend the amendment, H-4212, to Senate File 484, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 8, line 6, by striking the figure 5 "1,088,936" and inserting the following: "1,106,128". 6 2. Page 8, line 15, by striking the figure 7 "51,746" and inserting the following: "64,648". 8 3. Page 8, line 16, by striking the figure "1.50" 9 and inserting the following: "2.00". A non-record roll call was requested. The ayes were 68, nays 18. Amendment H-4214 was adopted. Millage of Scott offered the following amendment H-4215, to the committee amendment H-4212, filed by him from the floor and moved its adoption: H-4215 1 Amend the amendment, H-4212, to Senate File 484, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 11, line 47, by striking the figure 5 "1,959,287" and inserting the following: "2,032,287". 6 2. Page 11, line 48, by striking the figure 7 "29.00" and inserting the following: "30.00". A non-record roll call was requested. The ayes were 46, nays 28. Amendment H-4215 was adopted. Martin of Scott offered the following amendment H-4213, to the committee amendment H-4212, filed by her from the floor and moved its adoption: H-4213 1 Amend the amendment, H-4212, to Senate File 484, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 17, by inserting after line 33 the 5 following: 6 "Sec. ___. Notwithstanding section 509A.5, there 7 is appropriated from the employer share of the health 8 insurance premium reserve fund the following amount 9 for the purpose designated: 10 For the health data commission: 11 $ 100,000" 12 2. By renumbering as necessary. Amendment H-4213 was adopted. Millage of Scott moved the adoption of the committee amendment H-4212, as amended. Roll call was requested by Kreiman of Davis and Siegrist of Pottawattamie. On the question "Shall the committee amendment H-4212, as amended, be adopted?" ( S.F. 484) The ayes were, 63: Arnold Blodgett Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett The nays were, 34: Baker Bell Bernau Brand Burnett Cataldo Cohoon Drees Fallon Grubbs Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt Absent or not voting, 3: Boddicker Brammer Connors The committee amendment H-4212, as amended, was adopted. Millage of Scott moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 484) The ayes were, 71: Arnold Baker Bernau Blodgett Boggess Bradley Branstad Brauns Brunkhorst Carroll Cataldo Churchill Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larkin Larson Lord Main Martin McCoy Metcalf Meyer Millage Murphy Nelson, B. Nutt O'Brien Rants Renken Salton Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett The nays were, 26: Bell Brand Burnett Cohoon Drees Fallon Grubbs Harper Holveck Jochum Koenigs Kreiman Mascher May Mertz Moreland Mundie Myers Nelson, L. Ollie Running Schrader Warnstadt Weigel Wise Witt Absent or not voting, 3: Boddicker Brammer Connors The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 484 be immediately messaged to the Senate. On motion by Siegrist of Pottawattamie, the House was recessed at 12:01 p.m., until 1:30 p.m. AFTERNOON SESSION The House reconvened at 1:40 p.m., Speaker Corbett in the chair. SPECIAL PRESENTATION TO HOUSE PAGES Speaker Corbett invited the House Pages to the Speaker's station for a special presentation and thanked them for their service to the House of Representatives. Certificates of excellence for serving with honor and distinction as a House Page during the Second Regular Session of the Seventy-sixth General Assembly were presented to the following Pages by Speaker Corbett and Minority Leader Schrader of Marion. Jennifer Banger Josh Ladwig Tara Bartosh Deana Lauritzen Jonathan Bockert Cora Lubbert Emelie Boelter Jay McLaren Becky Booth Brian Mensen Tanya Raelynn Douglas Sara Nelson Amanda Dykstra Holly Norman Mary Earnhardt Jeremy Plagman Amy Fabor Sarah Pederson Josie Roslansky Daniel Goos Katy Routh Peter Grandgeorge Chad Vande Lune De Ann Hart Toni Verlengia Traci Heim The House rose and expressed its appreciation. 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 3, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 303, a bill for an act relating to pipelines and underground storage of hazardous liquids, and providing penalties and effective and retroactive applicability date provisions. Also: That the Senate has on May 3, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 437, a bill for an act relating to the financing of political campaigns and by adding and changing definitions of commissioner and political committee, changing the providing for the appointment of committee personnel and the maintenance of committee funds, providing for the retention of records, establishing requirements for committee names, specifying requirements for out-of-state committee filings, prohibiting political committees from supporting a single candidate, revising filing deadlines and the contents of disclosure reports, providing for disclaimers on published materials by nonregistered entities, including federal corporations under corporate activity prohibitions, allowing candidates to donate funds to district political party central committees and political subdivisions, providing for the establishment of ethics and campaign disclosure board staff salaries, and making other related changes. Also: That the Senate has on May 3, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 505, a bill for an act relating to payment of expenses for persons with mental retardation. Also: That the Senate has on May 3, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 487, a bill for an act relating to public employee benefits and providing for the garnishment, attachment, or execution of certain benefits to police officers, fire fighters, and peace officers for the purposes of enforcement of child support obligations including to the extent provided in the child support order any spousal or medical support obligations. Also: That the Senate has on May 3, 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 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 date. JOHN F. DWYER, Secretary INTRODUCTION OF BILL House Joint Resolution 20, by Hurley, Boddicker, Van Maanen, Drake, Bradley, Grubbs, Ertl, Carroll, Schulte, Salton, Kremer, Tyrrell, Klemme, Vande Hoef, Halvorson, Veenstra, Cornelius, Larson, Main, Lord, Garman, Daggett, Blodgett, Mertz and Eddie, a joint resolution proposing an amendment to the Constitution of the State of Iowa to establish the right of parents to direct the upbringing and education of their children. Referred to committee on state government. SENATE MESSAGE CONSIDERED Senate File 487, by Horn and Rife, a bill for an act relating to public employee benefits and providing for the garnishment, attachment, or execution of certain benefits to police officers, fire fighters, and peace officers for the purposes of enforcement of child support obligations including to the extent provided in the child support order any spousal or medical support obligations. Read first time and referred to committee on state government. SENATE AMENDMENTS CONSIDERED Halvorson of Clayton called up for consideration 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, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-4219 to the House amendment: H-4219 1 Amend the House amendment, S-3680, to Senate File 2 478, as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. Page 1, lines 10 and 11, by striking the words 5 ", for the remainder of the taxpayer's current taxable 6 year". The motion prevailed and the House concurred in the Senate amendment H-4219, to the House amendment. Halvorson of Clayton moved that the bill, as amended by the House, further amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 478) The ayes were, 96: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 4: Brammer Connors Shoultz Wise The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 478 be immediately messaged to the Senate. Renken of Grundy called up for consideration House File 303, a bill for an act relating to pipelines and underground storage of hazardous liquids, and providing penalties and effective and retroactive applicability date provisions, amended by the Senate, and moved that the House concur in the following Senate amendment H-4216: H-4216 1 Amend House File 303 as follows: 2 1. Page 37, by inserting after line 33 the 3 following: 4 "Sec. ___. NEW SECTION. 480.9 LIABILITY FOR 5 OWNER OF FARMLAND. 6 An owner of farmland used in a farm operation, as 7 defined in section 352.2, who complies with the 8 requirements of this chapter shall not be held 9 responsible for any damages to an underground 10 facility, including fiber optic cable, if the damage 11 occurred on the farmland in the normal course of the 12 farm operation, unless the owner intentionally damaged 13 the underground facility or acted with wanton 14 disregard or recklessness in causing the damage to the 15 underground facility. For purposes of this section, 16 an "owner" includes a family member, employee, or 17 tenant of the owner." 18 2. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-4216. Renken of Grundy moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 303) The ayes were, 94: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Churchill Cohoon Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 6: Brammer Cataldo Connors Grundberg Mascher McCoy The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Rants of Woodbury asked and received unanimous consent that House File 303 be immediately messaged to the Senate. Carroll of Poweshiek called up for consideration House File 505, a bill for an act relating to payment of expenses for persons with mental retardation, amended by the Senate, and moved that the House concur in the following Senate amendment H-4218: H-4218 1 Amend House File 505 as passed by the House as 2 follows: 3 1. Page 1, line 30, by striking the word 4 "licensed". 5 2. Page 2, by inserting after line 3 the 6 following: 7 "Sec. ___. SUPPLEMENTAL EXPENSE PAYMENT. If the 8 amendments adopted by the department of human services 9 in 1993 through 1995 in 441 Iowa administrative code, 10 rules 22.1 and 24.1, which revise the definition of 11 the term "persons with mental retardation," have the 12 result of increasing costs to a county during the 13 fiscal period beginning July 1, 1993, and ending June 14 30, 1995, the county shall report the increased costs 15 to the department of human services. The department 16 shall compile the county reports of increased costs to 17 develop a total of the increased costs submitted by 18 counties pursuant to this section. The total 19 increased costs shall be included in a report 20 submitted to the governor and the general assembly for 21 budget consideration during the 1996 legislative 22 session. If the total increased costs exceeds 23 $2,000,000, the report shall include a recommendation 24 for a supplemental appropriation for the amount in 25 excess of $2,000,000 to be used for a supplemental 26 expense payment to counties. The amount of a county's 27 supplemental expense payment would be equal to the 28 amount of the county's proportion of the total of the 29 increased costs submitted applied to the amount of the 30 supplemental appropriation. The council on human 31 services shall adopt rules in consultation with the 32 state-county management committee to establish forms 33 and other requirements implementing the provisions of 34 this section." 35 3. By renumbering, relettering, or redesignating 36 and correcting internal references as necessary. The motion prevailed and the House concurred in the Senate amendment H-4218. Carroll of Poweshiek moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 505) The ayes were, 96: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Cohoon Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 4: Brammer Churchill Connors Drees The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Rants of Woodbury asked and received unanimous consent that House File 505 be immediately messaged to the Senate. Gipp of Winneshiek called up for consideration House File 437, a bill for an act relating to the financing of political campaigns and by adding and changing definitions of commissioner and political committee, changing the providing for the appointment of committee personnel and the maintenance of committee funds, providing for the retention of records, establishing requirements for committee names, specifying requirements for out-of-state committee filings, prohibiting political committees from supporting a single candidate, revising filing deadlines and the contents of disclosure reports, providing for disclaimers on published materials by nonregistered entities, including federal corporations under corporate activity prohibitions, allowing candidates to donate funds to district political party central committees and political subdivisions, providing for the establishment of ethics and campaign disclosure board staff salaries, and making other related changes, amended by the Senate, and moved that the House concur in the following Senate amendment H-4217: H-4217 1 Amend House File 437, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 2, line 11, by striking the word and 4 figure "and 2" and inserting the following: ", 2, and 5 4". 6 2. Page 2, by striking lines 14 and 15 and 7 inserting the following: "who shall be an Iowa 8 resident who has reached the age". 9 3. Page 3, by inserting after line 24 the 10 following: 11 "4. The treasurer and candidate in the case of a 12 candidate's committee, and the treasurer and 13 chairperson in the case of a political committee, 14 shall preserve all records required to be kept by this 15 section for a period ofthreefive years. However, a 16 committee is not required to preserve any records for 17 more than three years from thedate of the electionin18which the committee is involved, or thecertified date 19 of dissolution of the committee, whichever is20applicable. For purposes of this section, the five- 21 year period shall commence with the due date of the 22 disclosure report covering the activity documented in 23 the records." 24 4. Page 5, line 4, by striking the figure "4" and 25 inserting the following: "5". 26 5. Page 12, line 3, by inserting after the figure 27 "8," the following: "8A,". 28 6. Page 12, by inserting after line 12 the 29 following: 30 " . This section shall not be construed to 31 require the inclusion on published material of 32 information which discloses the identity or address of 33 any individual who is acting independently and using 34 their own modest resources to publish or distribute 35 the material." 36 7. Page 13, by inserting after line 31 the 37 following: 38 "Sec. ___. Section 56.41, subsection 1, Code 1995, 39 is amended to read as follows: 40 1. A candidate and the candidate's committee shall 41 use campaign funds only for campaign purposes, 42 educational and other expenses associated with the 43 duties of office, or constituency services, and shall 44 not use campaign funds for personal expenses or 45 personal benefit. The purchase of subscriptions to 46 newspapers from or which circulate within the area 47 represented by the office which a candidate is seeking 48 or holds is presumed to be an expense that is 49 associated with the duties of the campaign for and 50 duties of office." Page 2 1 8. Page 13, by striking lines 34 and 35 and 2 inserting the following: 3 "b. Contributions to national, state, or local 4 political party central committees, or to partisan 5 political committees organized to represent persons 6 within the boundaries of a congressional district." 7 9. Title page, line 9, by striking the word 8 "providing" and inserting the following: "changing 9 requirements". 10 10. Title page, lines 10 and 11, by striking the 11 words "by nonregistered entities". 12 11. By renumbering, relettering, or redesignating 13 and correcting internal references as necessary. The motion prevailed and the House concurred in the Senate amendment H-4217. Gipp of Winneshiek moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 437) The ayes were, 95: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 1)
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