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Sixty-sixth Calendar Day - Forty-fourth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, March 13, 1996
The House met pursuant to adjournment at 8:53 a.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Pastor Lewis Howard, Reorganized Church of
Jesus Christ of Latter Day Saints, Hiawatha.
The Journal of Tuesday, March 12, 1996 was approved.
CONSIDERATION OF BILLS
Regular Calendar
House File 2464, a bill for an act relating to consumer
protection by requiring the registration of certain persons
seeking to engage in regulated businesses in this state, and
providing for civil and criminal penalties, was taken up for
consideration.
Sukup of Franklin moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2464)
The ayes were, 97:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brammer Brand Branstad Brauns
Brunkhorst Burnett Carroll Cataldo
Churchill Cohoon Connors Coon
Corbett, Spkr. Cormack Daggett Dinkla
Disney Doderer Drake Drees
Eddie Ertl Fallon Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson
Hammitt Barry 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 Shoultz Siegrist Sukup
Teig Thomson Tyrrell Van
Fossen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Wise
Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 3:
McCoy Osterhaus Taylor
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Rants of Woodbury asked and received unanimous consent to
withdraw amendment H-5301, to House File 2292.
House File 2315, a bill for an act authorizing small quantities
of wine to be shipped in and out of this state for consumption
or use by persons twenty-one years of age or older, with report
of committee recommending passage, was taken up for
consideration.
Brunkhorst of Bremer offered the following amendment H-5331
filed by him and moved its adoption:
H-5331
1 Amend House File 2315 as follows:
2 1. Page 1, line 14, by striking the figure
3 "422.43" and inserting the following: "422.43, use
4 tax under section 423.2,".
5 2. By renumbering as necessary.
Amendment H-5331 was adopted.
Brunkhorst of Bremer moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2315)
The ayes were, 95:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brammer Brand Brauns Brunkhorst
Burnett Carroll Cataldo Churchill
Cohoon Connors Coon Corbett, Spkr.
Cormack Daggett Dinkla Disney
Doderer Drake Drees Eddie
Ertl Fallon Garman Gipp
Greig Greiner Gries Grubbs
Grundberg Hahn Halvorson Hammitt Barry Hanson
Harper Harrison Heaton Holveck
Houser Hurley Huseman Jacobs
Jochum Klemme Koenigs Kremer
Lamberti Larkin Larson Lord
Main Martin Mascher May
Mertz Metcalf Meyer Millage
Moreland Mundie Murphy Myers
Nelson, B. Nelson, L. Nutt O'Brien
Ollie Rants Renken Salton
Schrader Schulte Shoultz Siegrist
Taylor Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Wise
Witt Van Maanen,
Presiding
The nays were, 3:
Branstad Kreiman Sukup
Absent or not voting, 2:
McCoy Osterhaus
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House Files 2315 and 2464.
ADOPTION OF THE REPORT OF THE
CONFERENCE COMMITTEE
(House File 2114)
Millage of Scott called up for consideration the report of the
conference committee on House File 2114 and moved the adoption
of the conference committee report and the amendments contained
therein as follows:
REPORT OF THE CONFERENCE COMMITTEE
ON HOUSE FILE 2114
To the Speaker of the House of Representatives and the President
of the Senate:
We, the undersigned members of the conference committee
appointed to resolve the differences between the House of
Representatives and the Senate on House File 2114, a bill for An
Act relating to and making supplemental appropriations for the
fiscal year beginning July 1, 1995, and providing an effective
date, respectfully make the following report:
1. That the House recedes from its amendment, S-5107.
2. That the Senate recedes from its amendment, H-5079.
3. That House File 2114, as amended, passed, and reprinted by
the House, is amended as follows:
1. Page 1, by striking lines 23 and 24 and inserting the
following: "designated in the succeeding fiscal year."
2. Page 1, by inserting before line 25 the following:
"Sec. ___. DEPARTMENT OF HUMAN SERVICES _ CHILD DAY CARE. There
is appropriated from the general fund of the state to the
department of human services for the fiscal year beginning July
1, 1995, and ending June 30, 1996, to supplement the
appropriation made in 1995 Iowa Acts, chapter 205, section 6,
the following amount, or so much thereof as is necessary, to be
used for the purpose designated:
For state child care assistance, provided moneys appropriated in
this section are not subject to transfer under section 8.39 or
any other provision but shall only be used for funding of state
child care assistance for persons who are eligible for or are on
a waiting list for but who are not receiving the assistance as
of the effective date of this section:
$ 1,274,000"
3. Page 2, by inserting before line 1 the following:
"Sec. . DEPARTMENT OF EDUCATION _ GENERAL
ADMINISTRATION. There is appropriated from the general fund of
the state to the department of education for the fiscal year
beginning July 1, 1995, and ending June 30, 1996, to supplement
the amount appropriated in 1995 Iowa Acts, chapter 218, section
1, subsection 1, the following amount, or so much thereof as is
necessary, to be used for the purpose designated:
For general administration to be used to provide assistance to
school districts involved in a financial reporting pilot
project:
$ 50,000
Notwithstanding section 8.33, moneys appropriated in this
section which remain unexpended or unobligated at the close of
the fiscal year shall not revert to the general fund of the
state but shall remain available for expenditure in the
succeeding fiscal year for the purpose designated.
Sec. . SCHOOL FOR THE DEAF AND BRAILLE AND SIGHT SAVING
SCHOOL. There is appropriated from the general fund of the
state to the state board of regents for the fiscal year
beginning July 1, 1995, and ending June 30, 1996, to supplement
the amounts appropriated in 1995 Iowa Acts, chapter 218, section
6, subsections 5 and 6, the following amounts, or so much
thereof as is necessary, to be used for the purposes designated:
1. For the state school for the deaf:
$ 47,000
2. For the Iowa braille and sight saving school:
$ 47,000
3. Of the moneys appropriated to the state school for the deaf
and the Iowa braille and sight saving school in this section,
each school may expend not more than $45,000 for technology
needs of the school. Notwithstanding section 8.33, moneys
appropriated in this section which remain unexpended or
unobligated at the close of the fiscal year shall not revert to
the general fund of the state, but shall remain available for
expenditure for technology needs at the designated school in the
succeeding fiscal year."
4. Page 2, by inserting after line 9 the following:
"Sec. . DEPARTMENT OF INSPECTIONS AND APPEALS. There is
appropriated from the general fund of the state to the
department of inspections and appeals for the fiscal year
beginning July 1, 1995, and ending June 30, 1996, to supplement
the appropriation made in 1995 Iowa Acts, chapter 219, section
9, the following amount, or so much thereof as is necessary, to
be used for the purpose designated:
For racetrack regulation, to be used for employment of not more
than one full-time equivalent position which shall be in
addition to the full-time equivalent positions authorized in
1995 Iowa Acts, chapter 219, section 9:
$ 42,000"
5. Page 2, line 20, by striking the figure "150,000" and
inserting the following: "116,850".
6. Page 2, by inserting after line 30 the following:
"Sec. . DEPARTMENT OF REVENUE AND FINANCE _ REFUND
CLAIMS. There is appropriated from the general fund of the
state to the department of revenue and finance for the fiscal
year beginning July 1, 1995, and ending June 30, 1996, an amount
sufficient to pay all refund claims timely filed pursuant to
section 422.73, subsection 3, as enacted by this Act, and to pay
up to $75,000 for processing such claims.
Notwithstanding section 8.33, moneys appropriated in this
section which remain unexpended or unobligated at the close of
the fiscal year shall not revert to the general fund of the
state but shall remain available for expenditure in the
succeeding fiscal year for the purposes of paying refund claims
and processing costs as provided in this section and the moneys
are not subject to transfer under section 8.39.
Sec. . Section 422.73, Code 1995, is amended by adding
the following new subsection:
NEW SUBSECTION. 3. Notwithstanding subsection 2, a claim
for refund of individual income tax paid for any tax year
beginning on or after January 1, 1985, and before January 1,
1989, is considered timely if filed with the department on or
before October 31, 1996, if the taxpayer's claim is the result
of the unconstitutional taxation of federal pension benefits
based upon the decision in Davis v. Michigan Department of
Treasury, 489 U.S. 803, 109 S. Ct. 1500 (1989).
A taxpayer entitled to a refund of tax paid under this
subsection shall receive an amount equal to one hundred percent
of the refund without interest. The claim for refund shall be
filed separate from any income tax return and shall not be
allowed as a credit for income taxes owed. A claim shall be
filed between the effective date of this subsection and October
31, 1996. An extension for filing shall not be allowed and
claims disallowed on the basis of timeliness shall not be
allowed upon appeal to any other state agency notwithstanding
any other provision of law.
The claim for refund shall be made on claim forms to be made
available by the department. In order for a taxpayer to have a
valid refund claim, the taxpayer must supply legible copies of
documents the director deems necessary to show entitlement to
the refund, including but not limited to income tax forms and
W-2P forms, which will establish the state income tax that was
paid on the federal pension benefits for the tax years in
question. The burden of proof is on the taxpayer to show that
the claim for refund is valid. Estates are not entitled to file
a claim for refund under this subsection, except a spouse of a
deceased taxpayer who was the spouse of the taxpayer when the
unconstitutional tax was imposed may file a claim for refund
without reopening the deceased taxpayer's estate. If a taxpayer
has filed a claim under this subsection and subsequently dies
before receipt of the refund, the taxpayer's estate is entitled
to receipt of any valid refund claim.
The department shall make a reasonable attempt to notify
individuals who are entitled to a refund under this subsection."
7. By renumbering, relettering, or redesignating and correcting
internal references as necessary.
ON THE PART OF THE HOUSE ON THE PART OF
THE SENATE
DAVID A. MILLAGE, Chair EMIL J.
HUSAK, Chair
STEVEN W. CHURCHILL BRAD BANKS
HUBERT HOUSER JOHNIE
HAMMOND
PATRICK J. MURPHY JIM
LIND
MICHAEL J. O'BRIEN
The motion prevailed and the conference committee 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?" (H.F. 2114)
The ayes were, 97:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brammer Brand Branstad Brauns
Brunkhorst Burnett Carroll Cataldo
Churchill Cohoon Connors Coon
Corbett, Spkr. Cormack Daggett Dinkla
Disney Doderer Drake Drees
Eddie Ertl Fallon Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson
Hammitt Barry 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 Shoultz Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Wise
Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 3:
McCoy Osterhaus Taylor
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2114 be immediately messaged to the Senate.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Osterhaus of Jackson on request of Schrader of Marion; Nelson of
Marshall, until her return, on request of Siegrist of
Pottawattamie.
Regular Calendar
House File 2456, a bill for an act relating to the rights of
victims of criminal acts, was taken up for consideration.
Harrison of Scott offered amendment H-5328 filed by him as
follows:
H-5328
1 Amend House File 2456 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. Section 331.653, Code Supplement 1995,
5 is amended by adding the following new subsection:
6 NEW SUBSECTION. 65A. Carry out the duties imposed
7 under section 910A.8.
8 Sec. 2. Section 331.756, Code Supplement 1995, is
9 amended by adding the following new subsection:
10 NEW SUBSECTION. 83A. Carry out the duties imposed
11 under sections 910A.2, 910A.5, and 910A.6.
12 Sec. 3. Section 910A.1, Code 1995, is amended by
13 adding the following new subsection:
14 NEW SUBSECTION. 1A. "Victim impact statement"
15 means a written or oral presentation to the court by
16 the victim or the victim's representative that
17 indicates the physical, emotional, financial, or other
18 effects of the offense upon the victim.
19 Sec. 4. Section 910A.6, subsection 1, Code 1995,
20 is amended to read as follows:
21 1. The scheduled date, time, and place of trial,
22 and the cancellation or postponement of a court
23 proceeding that was expected to require the victim's
24 attendance, in any criminal case relating to the crime
25 for which the person is a registered victim.
26 Sec. 5. Section 910A.6, Code 1995, is amended by
27 adding the following new subsections:
28 NEW SUBSECTION. 6. Except where the prosecuting
29 attorney determines that disclosure of such
30 information would unreasonably interfere with the
31 investigation, at the request of the registered
32 victim, notice of the status of the investigation, to
33 be provided by law enforcement authorities
34 investigating the case, until the alleged assailant is
35 apprehended or the investigation is closed.
36 NEW SUBSECTION. 7. The right to be informed of
37 any plea agreements related to the crime for which the
38 person is a registered victim.
39 NEW SUBSECTION. 8. The victim's right to make an
40 oral victim impact statement, in the presence of the
41 defendant, as well as notification of the time and
42 place for such statement.
43 Sec. 6. Section 910A.8, Code 1995, is amended by
44 adding the following new subsection:
45 NEW SUBSECTION. 4. The offender's transfer from
46 local custody to custody in another locality.
47 Sec. 7. Section 910A.9, Code 1995, is amended by
48 adding the following new subsection:
49 NEW SUBSECTION. 6. The date on which the offender
50 is expected to be transferred from custody in one
Page 2
1 institution to another, or to custody in an
2 institution not under the control of the department of
3 corrections."
Larson of Linn offered the following amendment H-5377, to
amendment H-5328 filed by him from the floor and moved its
adoption:
H-5377
1 Amend the amendment, H-5328, to House File 2456, as
2 follows:
3 1. Page 1, by inserting after line 18 the
4 following:
5 "Sec. ___. Section 910A.5, Code 1995, is amended
6 to read as follows:
7 910A.5 VICTIM IMPACT STATEMENT.
8 1. A victim may present a victim impact statement
9 to the court using one or more of the following
10 methods:
11 a. A victim may file a signed victim impact
12 statement with the county attorney, and a filed impact
13 statement shall be included in the presentence
14 investigation report. If a presentence investigation
15 report is not ordered by the court, a filed victim
16 impact statement shall be provided to the court prior
17 to sentencing.
18 The court shall consider a filed victim impact
19 statement in determining the appropriate sentence and
20 in entering any order of restitution to the victim
21 pursuant to chapter 910.
22 b. A victim may orally present a victim impact
23 statement at the sentencing hearing, in the presence
24 of the defendant.
25 c. If the victim is unable to make an oral or
26 written statement because of the victim's age, or
27 mental, emotional, or physical incapacity, the
28 victim's attorney or a designated representative shall
29 have the opportunity to make a statement on behalf of
30 the victim.
31 2. The A victim impact statement shall:
32 1. Identify include the identification of the
33 victim of the offense., and may include the following:
34 2. a. Itemize Itemization of any
economic los s
35 suffered by the victim as a result of the offense.
36 For purposes of this paragraph, a pecuniary damages
37 statement prepared by a county attorney pursuant to
38 section 910.3, may serve as the itemization of
39 economic loss.
40 3. b. Identify Identification of any
physical
41 injury suffered by the victim as a result of the
42 offense with detail as to its seriousness and
43 permanence.
44 4. c. Describe Description of any change
in t he
45 victim's personal welfare or familial relationships as
46 a result of the offense.
47 5. d. Describe Description of any
request for
48 psychological services initiated by the victim or the
49 victim's family as a result of the offense.
50 6. e. Contain any Any other information
relat ed to
Page 2
1 the impact of the offense upon the victim."
2 2. By renumbering as necessary.
Amendment H-5377 was adopted.
On motion by Harrison of Scott, amendment H-5328, as amended,
was adopted.
Harrison of Scott moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2456)
The ayes were, 97:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brammer Brand Branstad Brauns
Brunkhorst Burnett Carroll Cataldo
Churchill Cohoon Connors Coon
Corbett, Spkr. Cormack Daggett Dinkla
Disney Doderer Drake Drees
Eddie Ertl Fallon Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson
Hammitt Barry 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, L.
Nutt O'Brien Ollie Rants
Renken Salton Schrader Schulte
Shoultz Siegrist Sukup Taylor
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Witt
Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 3:
McCoy Nelson, B. Osterhaus
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 2083, a bill for an act relating to minimum
instructional time requirements for a school week, with report
of committee recommending passage, was taken up for
consideration.
Garman of Story moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 2083)
The ayes were, 96:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brammer Brand Branstad Brauns
Brunkhorst Burnett Carroll Cataldo
Churchill Cohoon Connors Coon
Corbett, Spkr. Cormack Daggett Dinkla
Disney Doderer Drake Drees
Eddie Ertl Fallon Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson Hammitt
Barry 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, L. Nutt
O'Brien Ollie Rants Renken
Salton Schrader Schulte Shoultz
Siegrist Taylor Teig Thomson
Tyrrell Van Fossen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Wise Witt Van Maanen, Presiding
The nays were, 1:
Sukup
Absent or not voting, 3:
McCoy Nelson, B. Osterhaus
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 2255, a bill for an act relating to the extension of
time during which an alternative surcharge may be imposed for
E911, with report of committee recommending passage, was taken
up for consideration.
Vande Hoef of Osceola moved that the bill be read a last time
now and placed upon its passage which motion prevailed and the
bill was read a last time.
On the question "Shall the bill pass?" (H.F. 2255)
The ayes were, 97:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brammer Brand Branstad Brauns
Brunkhorst Burnett Carroll Cataldo
Churchill Cohoon Connors Coon
Corbett, Spkr. Cormack Daggett Dinkla
Disney Doderer Drake Drees
Eddie Ertl Fallon Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson
Hammitt Barry 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, L. Nutt
O'Brien Ollie Rants Renken
Salton Schrader Schulte Shoultz
Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen Vande
Hoef Veenstra Warnstadt Weidman Weigel
Welter Wise Witt Van
Maanen,
Presiding
The nays were, none.
Absent or not voting, 3:
McCoy Nelson, B. Osterhaus
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House Files 2255 and 2456; Senate File 2083.
House File 2235, a bill for an act relating to certain franchise
agreements by amending provisions relating to the definition of
a franchise, and applicability, transfer, encroachment,
termination, nonrenewal, repurchase of assets, independent
sourcing, and enforcement, was taken up for consideration.
The House stood at ease at 10:05 a.m., until the fall of the
gavel.
The House resumed session at 10:53 a.m., Speaker pro tempore
Van Maanen of Marion in the chair.
Dinkla of Guthrie offered amendment H-5260 filed by him as
follows:
H-5260
1 Amend House File 2235 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. Section 523H.5, subsections 3, 4, 5,
5 and 7, Code Supplement 1995, are amended to read as
6 follows:
7 3. A franchisor may require as a condition of a
8 transfer any of the following:
9 a. That the transferee successfully complete a
10 reasonable at the time of the transfer the
11 franchisor's current training program required of
new
12 franchisees.
13 b. That a reasonable transfer fee be paid to
14 reimburse the franchisor for the franchisor's
15 reasonable and actual expenses directly attributable
16 to the transfer.
17 c. That the franchisee pay or make provision
18 reasonably provisions acceptable to the franchisor
to
19 pay any amount due the franchisor or the franchisor's
20 affiliate.
21 d. That the financial terms of the transfer comply
22 at the time of the transfer with the franchisor's
23 current financial requirements for franchisees.
24 4. A If a franchisee may transfer
transfers t he
25 franchisee's interest in the franchise, for the
26 unexpired term of the franchise agreement, and a
27 franchisor shall not require the franchisee or the
28 transferee to enter into a new or different franchise
29 agreement as a condition of the transfer.
30 5. A franchisee shall give the franchisor no less
31 than sixty days' written notice of a transfer which is
32 subject to the provisions of this section, and on
33 request from the franchisor shall provide in writing
34 the ownership interests of all persons holding or
35 claiming an equitable or beneficial interest in the
36 franchise subsequent to the transfer or the
37 franchisee, as appropriate. A franchisee shall not
38 circumvent the intended effect of a contractual
39 provision governing the transfer of the franchise or
40 an interest in the franchise by means of a management
41 agreement, lease, profit-sharing agreement,
42 conditional assignment, or other similar device.
43 7. A transfer by a franchisee is deemed to be
44 approved sixty days after the franchisee submits the
45 request for consent to the transfer unless the
46 franchisor withholds consent to the transfer as
47 evidenced in writing, specifying the reason or reasons
48 for withholding the consent, or the franchisor
49 exercises a contractual right of first refusal. The
50 written notice must be delivered to the franchisee
Page 2
1 prior to the expiration of the sixty-day period. Any
2 such notice is privileged and is not actionable based
3 upon a claim of defamation.
4 Sec. 2. Section 523H.5, subsection 12, unnumbered
5 paragraph 1, Code Supplement 1995, is amended to read
6 as follows:
7 The following occurrences shall not be considered
8 transfers requiring the consent of the franchisor
9 under a franchise agreement, and shall not result in
10 the imposition of any penalties or make applicable any
11 right of first refusal by the franchisor, provided
12 that the franchisor, except with respect to succession
13 of ownership of a franchise upon the death or
14 disability of a franchisee under paragraph "a", is
15 given at least sixty-days advance written notice of
16 any of the following occurrences:
17 Sec. 3. Section 523H.5, subsection 12, paragraphs
18 a and f, Code Supplement 1995, are amended to read as
19 follows:
20 a. The succession of ownership of a franchise upon
21 the death or disability of a franchisee, or of an
22 owner of a franchise, to the surviving spouse, heir
23 child or children, or a partner active in the
24 management of the franchisee franchise unless the
25 successor fails to meet within one year the then
26 current reasonable qualifications of the franchisor
27 for franchisees and the enforcement of the reasonable
28 current qualifications is not arbitrary or capricious,
29 provided that the surviving spouse, child or children,
30 or partner is responsible for maintaining all of the
31 standards and obligations under the franchise
32 agreement during the one-year period preceding
33 qualification as a franchisee.
34 f. A grant or retention of a security interest in
35 the assets of the franchised business or its assets,
36 or an ownership interest in the franchisee
37 specifically excluding all rights under the franchise
38 agreement, provided the security agreement establishes
39 an obligation on the part of the secured party
40 enforceable by the franchisor to give the franchisor
41 notice of the secured party's intent to foreclose on
42 the collateral simultaneously with notice to the
43 franchisee, and a reasonable opportunity to redeem the
44 interests of the secured party and recover the secured
45 party's interest in the franchise or assets of the
46 franchised business by paying the secured obligation.
47 Sec. 4. Section 523H.5, subsection 12, paragraph
48 e, Code Supplement 1995, is amended by striking the
49 paragraph.
50 Sec. 5. Section 523H.5, subsection 13, Code
Page 3
1 Supplement 1995, is amended to read as follows:
2 13. A franchisor shall not interfere or attempt to
3 interfere with any disposition of an interest in a
4 franchise or franchised business as described in
5 subsection 12, paragraphs "a" through "f", provided
6 that the franchisor may prohibit any disposition of
7 any interest, directly or indirectly, to a competitor
8 of the franchisor or a competitor of any of the
9 franchisor's franchisees.
10 Sec. 6. Section 523H.6, Code Supplement 1995, is
11 amended to read as follows:
12 523H.6 ENCROACHMENT.
13 1. If a franchisor develops, or grants to a
14 franchisee the right to develop, a new outlet or
15 location which sells essentially the same goods or
16 services under the same trademark, service mark, trade
17 name, logotype, or other commercial symbol as an
18 existing franchisee and the new outlet or location is
19 in unreasonable proximity to the existing franchisee's
20 outlet or location and has an adverse effect on the
21 gross sales of the existing franchisee's outlet or
22 location, the existing adversely affected franchisee
23 has a cause of action for monetary damages in an
24 amount calculated pursuant to subsection 3, unless any
25 of the following apply:
26 a. The franchisor has first offered the new outlet
27 or location to the existing franchisee on the same
28 basic terms and conditions available to the other
29 potential franchisee, or, if the new outlet or
30 location is to be owned by the franchisor, on the
31 terms and conditions that would ordinarily be offered
32 to a franchisee for a similarly situated outlet or
33 location.
34 b. The adverse impact on the existing franchisee's
35 annual gross sales, based on a comparison to the
36 annual gross sales from the existing outlet or
37 location during the twelve-month period immediately
38 preceding the opening of the new outlet or location,
39 is determined to have been less than five ten
percent
40 during the first twelve months of operation of the new
41 outlet or location.
42 c. The existing franchisee, at the time the
43 franchisor develops, or grants to a franchisee the
44 right to develop, a new outlet or location, is not in
45 compliance with the franchisor's then current
46 reasonable criteria for eligibility for a new
47 franchise. A franchisee determined to be ineligible
48 pursuant to this paragraph shall be afforded the
49 opportunity to seek compensation pursuant to the
50 formal procedure established under paragraph "d",
Page 4
1 subparagraph (2). Such procedure shall be the
2 franchisee's exclusive remedy.
3 d. The franchisor has established both of the
4 following:
5 (1) A formal procedure for hearing and acting upon
6 claims by an existing franchisee with regard to a
7 decision by the franchisor to develop, or grant to a
8 franchisee the right to develop, a new outlet or
9 location, prior to the opening of the new outlet or
10 location.
11 (2) A reasonable formal procedure for awarding
12 compensation or other form of consideration to a
13 franchisee to offset all or a portion of the
14 franchisee's lost profits caused by the establishment
15 of the new outlet or location. The procedure shall be
16 deemed reasonable if approved by a majority of the
17 franchisor's franchisees in the United States, either
18 individually or by a representative body. The
19 procedure shall involve, at the option of the
20 franchisee, least one of the following:
21 (a) A panel with the authority to make a decision
22 or award in accordance with the formal procedure,
23 comprised of an equal number of members selected by
24 the franchisee and the franchisor, and one additional
25 member to be selected unanimously by the members
26 selected by the franchisee and the franchisor.
27 (b) A neutral third-party mediator or an
28 arbitrator with the authority to make a decision or
29 award in accordance with the formal procedure. The
30 procedure shall be deemed reasonable if approved by a
31 majority of the franchisor's franchisees in the United
32 States, either individually or by an elected
33 representative body.
34 (c) Arbitration of any dispute before neutral
35 arbitrators with the authority to make a decision or
36 award in accordance with the formal procedure and
37 pursuant to the rules of the American arbitration
38 association. The award of an arbitrator pursuant to
39 this subparagraph subdivision is subject to judicial
40 review pursuant to chapter 679A.
41 e. The existing franchisee has been granted
42 reasonable territorial rights and the new outlet or
43 location does not violate those territorial rights.
44 2. A franchisor shall establish and make available
45 to its franchisees a written policy setting forth its
46 reasonable criteria to be used by the franchisor to
47 determine whether an existing franchisee is eligible
48 for a franchise for an additional outlet or location.
49 3. a. In establishing damages under a cause of
50 action brought pursuant to this section, the
Page 5
1 franchisee has the burden of proving the amount of
2 lost profits attributable to the compensable sales.
3 In any action brought under this section, the damages
4 payable shall be limited to no more than three years
5 of the proven lost profits. For purposes of this
6 subsection, "compensable sales" means the annual gross
7 sales from the existing outlet or location during the
8 twelve-month period immediately preceding the opening
9 of the new outlet or location less both of the
10 following:
11 (1) Five Ten percent.
12 (2) The actual gross sales from the operation of
13 the existing outlet or location for the twelve-month
14 period immediately following the opening of the new
15 outlet or location.
16 b. Compensable sales shall exclude any amount
17 attributable to factors other than the opening and
18 operation of the new outlet or location.
19 4. Any cause of action brought under this section
20 must be filed within eighteen months of the opening of
21 the new outlet or location or within three months
22 after the completion of the procedure under subsection
23 1, paragraph "d", subparagraph (2), whichever is
24 later. An application to vacate the award of an
25 arbitrator under subsection 1, paragraph "d",
26 subparagraph (2), subparagraph subdivision (c), shall
27 be filed as provided in section 679A.12.
28 5. Upon petition by the franchisor or the
29 franchisee, the district court may grant a permanent
30 or preliminary injunction to prevent injury or
31 threatened injury for a violation of this section or
32 to preserve the status quo pending the outcome of the
33 formal procedure under subsection 1, paragraph "d",
34 subparagraph (2).
35 Sec. 7. Section 523H.7, subsections 1 and 3, Code
36 Supplement 1995, are amended to read as follows:
37 1. Except as otherwise provided by this chapter, a
38 franchisor shall not terminate a franchise prior to
39 the expiration of its term except for good cause. For
40 purposes of this section, "good cause" is cause based
41 upon a legitimate business reason. "Good cause"
42 includes the failure of the franchisee to comply with
43 any material lawful requirement of the franchise
44 agreement, provided that the termination by the
45 franchisor is not arbitrary or capricious when
46 compared to the actions of the franchisor in other
47 similar circumstances. The burden of proof of showing
48 that action of the franchisor is arbitrary or
49 capricious shall rest with the franchisee.
50 3. Notwithstanding subsection 2, a franchisor may
Page 6
1 terminate a franchisee upon written notice and without
2 an opportunity to cure if any of the following apply:
3 a. The franchisee or the business to which the
4 franchise relates is declared bankrupt or judicially
5 determined to be insolvent.
6 b. All or a substantial part of the assets of the
7 franchise or the business to which the franchisee
8 relates are assigned to or for the benefit of any
9 creditor which is subject to chapter 681. An
10 assignment for the benefit of any creditor pursuant to
11 this paragraph does not include the granting of a
12 security interest in the normal course of business.
13 c. The franchisee voluntarily abandons the
14 franchise by failing to operate the business for five
15 consecutive business days during which the franchisee
16 is required to operate the business under the terms of
17 the franchise, or any shorter period after which it is
18 not unreasonable under the facts and circumstances for
19 the franchisor to conclude that the franchisee does
20 not intend to continue to operate the franchise,
21 unless the failure to operate is due to circumstances
22 beyond the control of the franchisee.
23 d. The franchisor and franchisee agree in writing
24 to terminate the franchise.
25 e. The franchisee knowingly makes any material
26 misrepresentations or knowingly omits to state any
27 material facts relating to the acquisition or
28 ownership or operation of the franchise business.
29 f. After three material breaches of a franchise
30 agreement occurring within a twelve-month period, for
31 which the franchisee has been given notice and an
32 opportunity to cure, the franchisor may terminate upon
33 any subsequent material breach within the twelve-month
34 period following the third such material breach
35 without providing an opportunity to cure, provided
36 that the action is not arbitrary and capricious.
37 g. The franchised business or business premises of
38 the franchisee are lawfully seized, taken over, or
39 foreclosed by a government authority or official.
40 h. The franchisee is convicted of a felony or any
41 other criminal misconduct which materially and
is
42 likely to adversely affects affect the
operation,
43 maintenance, or goodwill of the franchise in the
44 relevant market.
45 i. The franchisee operates the franchised business
46 in a manner that imminently endangers the public
47 health and safety.
48 Sec. 8. Section 523H.11, Code Supplement 1995, is
49 amended to read as follows:
50 523H.11 REPURCHASE OF ASSETS.
Page 7
1 A franchisor shall not prohibit a franchisee from,
2 or enforce a prohibition against a franchisee,
3 engaging in any lawful business at any location after
4 a termination or refusal to renew by a franchisor,
5 other than a termination for good cause as provided in
6 section 523H.7 or refusal to renew by a franchisor for
7 good cause as provided in section 523H.8, unless it is
8 one which relies on a substantially similar marketing
9 program as the terminated or nonrenewed franchise or
10 unless the franchisor offers in writing no later than
11 ten business days before expiration of the franchise
12 to purchase the assets of the franchised business for
13 its fair market value as a going concern. The value
14 of the assets shall not include the goodwill of the
15 business attributable to the trademark licensed to the
16 franchisee in the franchise agreement. The offer may
17 be conditioned upon the ascertainment of a fair market
18 value by an impartial appraiser. This section does
19 not apply to assets of the franchised business which
20 the franchisee did not purchase from the franchisor,
21 or the agent of the franchisor.
22 Sec. 9. Section 523H.12, Code 1995, is amended by
23 striking the section and inserting in lieu thereof the
24 following:
25 523H.12 INDEPENDENT SOURCING.
26 1. A franchisor may offer franchises as a part of
27 a partially or fully developed turnkey business.
28 2. A franchisor may require that franchisees
29 purchase from the franchisor, or one or more suppliers
30 selected by the franchisor, either or both of the
31 following:
32 a. Equipment, products, and services required to
33 establish or operate the franchise and that utilize or
34 embody the franchisor's trade secrets, specialized
35 technology or proprietary processes or ingredients or
36 for which it is not practical to issue specifications
37 or standards.
38 b. Products purchased for resale by the
39 franchisee, with or without modification or value
40 added by the franchisee, if such products are among
41 the principal products sold by the franchisee.
42 3. A franchisor shall permit its franchisees to
43 obtain other equipment, products, and services
44 required to establish or operate the franchise from
45 sources chosen by the franchisee, provided that the
46 supplier first demonstrates to the franchisor's
47 reasonable satisfaction that the supplier satisfies
48 all of the following:
49 a. Meets the franchisor's specifications,
50 standards, and requirements regarding quality,
Page 8
1 variety, service, safety, and health for the
2 equipment, products, and services supplied and the
3 facilities used in the production and distribution of
4 such equipment, products, and services.
5 b. Has the capacity to meet franchisee supply
6 requirements.
7 c. Is financially sound and has a sound business
8 reputation.
9 d. Will supply equipment, products, or services to
10 a sufficient number of franchisees of the franchisor
11 to enable the franchisor to economically monitor
12 compliance by the supplier with the franchisor's
13 specifications, standards, and requirements.
14 e. Will comply with the franchisor's reporting
15 requirements.
16 Sec. 10. Section 523H.13, Code 1995, is amended to
17 read as follows:
18 523H.13 PRIVATE CIVIL ACTION.
19 A person who violates a provision of this chapter
20 or order issued under this chapter is liable for
21 damages caused by the violation, including, but not
22 limited to, costs and reasonable attorneys' and
23 experts' fees, and subject to other appropriate relief
24 including injunctive and other equitable relief."
Kremer of Buchanan offered amendment H-5309, to amendment
H-5260, filed by him and requested division as follows:
H-5309
1 Amend the amendment, H-5260, to House File 2235 as
2 follows:
H-5309A
3 1. Page 1, line 19, by striking the words "any
4 amount" and inserting the following: "any amount
all
5 accounts".
6 2. Page 1, line 20, by inserting after the word
7 "affiliate" the following: "acquired in the regular
8 course of business".
H-5309B
9 3. Page 2, by striking lines 47 through 49.
H-5309C
10 4. Page 3, line 39, by striking the words "five
11 ten" and inserting the following: "five".
12 5. Page 5, line 11, by striking the words "Five
13 Ten" and inserting the following: "Five".
H-5309D
14 6. Page 5, by striking lines 35 through 49 and
15 inserting the following:
16 "Sec. ___. Section 523H.7, subsection 3, Code
17 Supplement 1995, is amended to read as follows:"
H-5309E
18 7. Page 8, by striking lines 16 through 24.
19 8. Renumber as necessary.
Kremer of Buchanan moved the adoption of amendment H-5309A.
A non-record roll call was requested.
The ayes were 46, nays 41.
Amendment H-5309A was adopted.
Weigel of Chickasaw offered the following amendment H-5305, to
amendment H-5260, filed by him and moved its adoption:
H-5305
1 Amend the amendment, H-5260, to House File 2235 as
2 follows:
3 1. Page 2, lines 22 and 23, by striking the words
4 "heir child or children" and inserting the
following:
5 "heir".
6 2. Page 2, line 29, by striking the words "child
7 or children" and inserting the following: "heir".
Roll call was requested by Weigel of Chickasaw and Holveck of
Polk.
Rule 75 was invoked.
On the question "Shall amendment H-5305, to amendment H-5260, be
adopted?" (H.F. 2235)
The ayes were, 45:
Bell Bernau Brammer Brand
Branstad Brauns Brunkhorst Burnett
Cohoon Connors Coon Doderer
Drees Ertl Fallon Garman
Greiner Gries Harper Heaton
Holveck Hurley Jochum Klemme
Koenigs Kreiman Kremer Larkin
Mascher May Mertz Moreland Mundie
Murphy Myers Nelson, L. O'Brien
Ollie Schrader Shoultz Taylor
Warnstadt Weigel Wise Witt
The nays were, 42:
Arnold Baker Blodgett Boggess
Bradley Cataldo Churchill Daggett
Dinkla Disney Drake Eddie
Gipp Greig Grubbs Grundberg
Halvorson Hammitt Barry Hanson Harrison
Houser Huseman Jacobs Larson
Lord Main Martin Metcalf
Meyer Millage Nutt Rants
Renken Salton Sukup Teig Tyrrell
Van Fossen Vande Hoef Weidman
Welter Van Maanen, Presiding
Absent or not voting, 13:
Boddicker Carroll Corbett, Spkr. Cormack
Hahn Lamberti McCoy Nelson,
B. Osterhaus Schulte Siegrist Thomson
Veenstra
Amendment H-5305 was adopted.
Gipp of Winneshiek asked and received unanimous consent that
House File 2235 be deferred and placed on the unfinished
business calendar.
(Amendment H-5260 pending)
On motion by Gipp of Winneshiek, the House was recessed at 12:00
p.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:00 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
SENATE MESSAGES CONSIDERED
Senate File 2395, by committee on commerce, a bill for an
act relating to the regulation of insurance companies for
purposes of solvency and establishing a measure for the risk-
based capital of an insurer, and providing penalties.
Read first time and passed on file.
Senate File 2405, by committee on judiciary, a bill for an
act relating to the duties of the clerk of court concerning
court records.
Read first time and passed on file.
Senate File 2408, by committee on commerce, a bill for an
act relating to disclosure requirements under the federal
Community Reinvestment Act with respect to the eligibility of a
financial institution to receive state public funds.
Read first time and passed on file.
Senate File 2442, by committee on appropriations, a bill for
an act relating to appropriations for the department of human
services and the prevention of disabilities policy council and
including other provisions and appropriations involving human
services and health care and providing for effective and
applicability dates.
Read first time and referred to committee on appropriations.
Senate File 2446, by committee on appropriations, a bill for
an act relating to agriculture and natural resources, by
providing for appropriations, providing related statutory
changes, and providing effective dates.
Read first time and referred to committee on appropriations.
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 March 13, 1996, adopted the conference
committee report and passed House File 2114, a bill for an act
relating to and making supplemental appropriations for the
fiscal year beginning July 1, 1995, and providing an effective
date.
Also: That the Senate has on March 13, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2013, a bill for an act requiring the licensure of
respiratory care therapists and creating a board for respiratory
care practitioners.
Also: That the Senate has on March 13, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2108, a bill for an act requiring flashing amber
lights on motor vehicles used for snow removal and making
existing penalties applicable.
Also: That the Senate has on March 13, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2185, a bill for an act providing for maintenance
and repair of out-of-state commercial vehicles and providing an
effective date.
Also: That the Senate has on March 13, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2186, a bill for an act relating to
transportation-related sanctions by increasing penalties for
certain offenses, providing for the issuance of temporary
restricted licenses for certain offenses, providing scheduled
fines for various violations, prohibiting certain activities of
motor vehicle dealers, and allowing the issuance of a uniform
citation and complaint to a corporation for certain violations.
Also: That the Senate has on March 13, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2423, a bill for an act prohibiting a person from
soliciting another person to arrange a sex act with a child and
making a penalty applicable.
Also: That the Senate has on March 13, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2428, a bill for an act relating to associate
juvenile judges.
Also: That the Senate has on March 13, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2431, a bill for an act deleting the requirement to
enter a civil judgment after an order of restitution has been
entered.
Also: That the Senate has on March 13, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2435, a bill for an act relating to shared
jurisdiction by the juvenile and adult courts over juveniles who
commit certain public offenses and making penalties applicable.
Also: That the Senate has on March 13, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2436, a bill for an act increasing the penalties for
certain sex crimes against persons under the age of eighteen.
Also: That the Senate has on March 13, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2438, a bill for an act relating to the terminology
used to describe persons with certain mental and physical
conditions.
JOHN F. DWYER, Secretary
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed fifty-two members present,
forty-eight absent.
RULES SUSPENDED
Gipp of Winneshiek asked and received unanimous consent to
suspend the rules for immediate consideration of House File 2477.
RULE 31.8 SUSPENDED
Gipp of Winneshiek asked and received unanimous consent to
suspend Rule 31.8, relating to the timely filing of amendments
to House File 2477 for March 13, 1996.
CONSIDERATION OF BILLS
Appropriations Calendar
House File 2477, a bill for an act relating to the funding of,
operation of, and appropriation of moneys to agencies,
institutions, commissions, departments, and boards responsible
for education and cultural programs of this state and making
related statutory changes and providing effective date
provisions, was taken up for consideration.
The House stood at ease at 1:17 p.m., until the fall of the
gavel.
The House resumed session at 2:13 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
Burnett of Story offered the following amendment H-5363 filed by
her and Bernau and moved its adoption:
H-5363
1 Amend House File 2477 as follows:
2 1. Page 3, line 4, by striking the figure
3 "1,397,790" and inserting the following: "1,469,790".
4 2. Page 3, by inserting after line 4 the
5 following:
6 "From the moneys appropriated in this subsection,
7 $1,397,790 for the fiscal year beginning July 1, 1996,
8 and ending June 30, 1997, shall be expended for the
9 Iowa grant program. The remainder shall be allocated
10 for the graduate student financial assistance
11 program."
12 3. Page 35, line 26, by striking the figure
13 "261.52A,".
Amendment H-5363 lost.
Myers of Johnson offered amendment H-5362 filed by Myers et.
al., and requested division as follows:
H-5362
1 Amend House File 2477 as follows:
H-5362A
2 1. Page 3, by inserting after line 4 the
3 following:
4 " . NATIONAL GUARD TUITION AID PROGRAM
5 For tuition aid for Iowa national guard members as
6 provided in section 261.21:
7 $ 150,000
8 For the fiscal year beginning July 1, 1996, and
9 ending June 30, 1997, not more than 300 approved
10 claims shall be paid by the college student aid
11 commission under section 261.21, and the total amount
12 paid shall not average more than $800 per claim."
H-5362B
13 2. Page 32, by inserting after line 16 the
14 following:
15 "Sec. ___. NEW SECTION. 261.21 NATIONAL GUARD
16 TUITION AID PROGRAM.
17 1. Subject to an appropriation of sufficient funds
18 by the general assembly, a member of the national
19 guard who meets the eligibility requirements of this
20 subsection is entitled to attend and pursue any
21 undergraduate course of study at a community college
22 as defined in chapter 260C, or an institution of
23 higher learning under the control of the state board
24 of regents upon the payment by the member personally
25 of fifty percent of the tuition charged by the
26 community college or institution of higher learning.
27 The remaining tuition shall be paid by the college
28 student aid commission from funds appropriated to the
29 commission in subsection 4. To be eligible for
30 tuition aid under this section, a national guard
31 member shall meet the following conditions:
32 a. Be a resident of the state and a member of an
33 Iowa army or air national guard unit throughout each
34 semester or duration of the vocational program for
35 which the member has applied for benefits.
36 b. Have satisfactorily completed required initial
37 active duty training.
38 c. Have maintained satisfactory performance of
39 duty upon return from initial active duty training,
40 including attending a minimum ninety percent of
41 scheduled drill dates and attending annual training.
42 d. Have satisfactorily met the entrance
43 requirements for admission to a community college, or
44 institution of higher learning under the control of
45 the state board of regents, and maintain satisfactory
46 academic progress.
47 e. Have provided proper notice of national guard
48 status to the community college or institution at the
49 time of registration for the term in which tuition
50 benefits are sought.
Page 2
1 f. Apply to the adjutant general of Iowa, who
2 shall determine eligibility and whose decision is
3 final.
4 2. Participation in the tuition aid program by an
5 accredited private institution, as defined in section
6 261.9, is voluntary. Subject to an appropriation of
7 sufficient funds by the general assembly, a member of
8 the Iowa national guard who meets the eligibility
9 requirements of subsection 1 is entitled to attend and
10 pursue any undergraduate course of study at any
11 participating accredited private institution, as
12 defined in section 261.9, upon payment of tuition less
13 an amount equal to fifty percent of the resident
14 tuition rate established for institutions of higher
15 learning under the control of the state board of
16 regents. The remaining tuition, not to exceed fifty
17 percent of the resident tuition rate for a regents
18 university, shall be paid by the college student aid
19 commission from funds appropriated to the commission
20 in subsection 4.
21 3. An eligible member of the national guard,
22 attending an educational institution as a full-time
23 student, shall not receive tuition aid under this
24 section for more than eight semesters, or if attending
25 as a part-time student, not more than sixteen
26 semesters of undergraduate study, or the trimester or
27 quarter equivalent. A guard member who has met the
28 educational requirements for a baccalaureate degree is
29 ineligible for tuition aid under this section.
30 4. For the fiscal year beginning July 1, 1997, and
31 for each succeeding year, there is appropriated from
32 the general fund of the state an amount sufficient to
33 pay the approved claims of educational institutions
34 for tuition aid to eligible members of the national
35 guard who received assistance under this section in
36 the previous year and who continue to meet the
37 eligibility requirements of this section, and for not
38 more than three hundred new eligible Iowa national
39 guard members as provided in this section with the
40 total amount paid not exceeding an average of eight
41 hundred dollars per approved claim, per fiscal year.
42 However, not more than fifteen hundred claims shall be
43 paid in accordance with this section in any fiscal
44 year. The eligibility of applicants shall be
45 certified by the adjutant general of Iowa to the
46 college student aid commission, and all amounts that
47 are or become due to a community college, accredited
48 private institution, or institution of higher learning
49 under the control of the state board of regents under
50 this section shall be paid to the college or
Page 3
1 institution by the college student aid commission upon
2 receipt of certification by the president or governing
3 board of the educational institution as to accuracy of
4 charges made, and as to the attendance of the
5 individual at the educational institution. The
6 college student aid commission shall maintain an
7 annual record of the number of participants and the
8 tuition dollar value of the participation.
9 5. The college student aid commission shall adopt
10 rules pursuant to chapter 17A to administer this
11 section."
12 3. By renumbering as necessary.
Myers of Johnson asked and received unanimous consent to
withdraw amendment H-5362A.
Koenigs of Mitchell offered the following amendment H-5346 filed
by him and moved its adoption:
H-5346
1 Amend House File 2477 as follows:
2 1. Page 3, line 14, by striking the figure
3 "4,596,739" and inserting the following: "4,696,739".
4 2. Page 3, line 15, by striking the figure
5 "28.95" and inserting the following: "31.95".
Amendment H-5346 lost.
Murphy of Dubuque offered amendment H-5344 filed by him and
Ollie as follows:
H-5344
1 Amend House File 2477 as follows:
2 1. Page 3, by inserting after line 25 the
3 following:
4 "Sec. 201. Not later than September 1, 1996, the
5 college student aid commission shall compile a list of
6 affected students receiving tuition grants during the
7 fiscal year beginning July 1, 1995, and who
8 transferred from a nonaccredited to an accredited
9 private institution for the fiscal year beginning July
10 1, 1996. If the student meets all financial aid
11 criteria as set forth by the commission, the
12 transferring affected student may continue to receive
13 a tuition grant for the fiscal year beginning July 1,
14 1996. The commission shall calculate the funds
15 remaining from tuition grants awarded to affected
16 students who do not transfer to an accredited private
17 institution in the fiscal year beginning July 1, 1996.
18 Any remaining funds shall be used to award tuition
19 grants to eligible students. For purposes of this
20 paragraph, "affected student" means a qualified
21 student for whom payment of a tuition grant was made
22 under section 261.13 for one or more semesters or
23 trimesters while the student was attending a private
24 institution which was accredited as defined in section
25 261.9 for the fiscal year beginning July 1, 1995, but
26 which does not meet the requirements for an accredited
27 private institution for the fiscal year beginning July
28 1, 1996."
29 2. By renumbering, relettering, and redesignating
30 as necessary.
Murphy of Dubuque offered the following amendment H-5385, to
amendment H-5344, filed by him from the floor and moved its
adoption:
H-5385
1 Amend the amendment, H-5344, to House File 2477 as
2 follows:
3 1. Page 1, line 18, by striking the word "Any"
4 and inserting the following: "Notwithstanding section
5 261.25, subsection 1, the first $150,000 of these
6 remaining funds shall be used for chiropractic
7 graduate student forgivable loans as provided in
8 section 261.71, the next $150,000 shall be used for
9 national guard tuition aid as provided in section
10 261.21, if enacted by the Seventy-sixth General
11 Assembly, and any excess".
Amendment H-5385 was adopted.
On motion by Murphy of Dubuque, amendment H-5344, as amended,
was adopted.
Van Fossen of Scott asked and received unanimous consent to
withdraw amendment H-5366, filed by Van Fossen, et. al., on
March 12, 1996.
Drake of Pottawattamie asked and received unanimous consent to
withdraw amendment H-5368, filed by him on March 12, 1996,
placing out of order, amendment H-5384, to amendment H-5368,
filed by Drake of Pottawattamie from the floor.
Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-5370 filed by him on March 12, 1996.
Nelson of Pottawattamie offered the following amendment H-5349
filed by her and moved its adoption:
H-5349
1 Amend House File 2477 as follows:
2 1. Page 4, line 24, by striking the figure
3 "311,039" and inserting the following: "386,039".
Amendment H-5349 lost.
Nelson of Pottawattamie offered the following amendment H-5350
filed by her and moved its adoption:
H-5350
1 Amend House File 2477 as follows:
2 1. Page 4, line 25, by striking the figure "4.00"
3 and inserting the following: "4.50".
Amendment H-5350 lost.
Mertz of Kossuth offered the following amendment H-5330 filed by
her and moved its adoption:
H-5330
1 Amend House File 2477 as follows:
2 1. Page 7, line 26, by striking the figure
3 "2,470,915" and inserting the following: "2,637,190".
Roll call was requested by Mertz of Kossuth and Shoultz of Black
Hawk.
Rule 75 was inovked.
On the question "Shall amendment H-5330 be adopted?" (H.F. 2477)
The ayes were, 40:
Baker Bell Bernau Brammer
Brand Brauns Burnett Cataldo
Cohoon Connors Drees Fallon
Garman Harper Harrison Holveck
Jochum Koenigs Kreiman Larkin
Mascher May Mertz Meyer
Moreland Mundie Murphy Myers
Nelson, L. O'Brien Ollie Osterhaus
Salton Schrader Shoultz Taylor
Warnstadt Weigel Wise Witt
The nays were, 52:
Arnold Boddicker Boggess Branstad
Brunkhorst Carroll Churchill Coon
Corbett, Spkr. Cormack Daggett Dinkla
Disney Drake Eddie Ertl
Gipp Greig Gries Grubbs
Grundberg Halvorson Hammitt Barry Hanson
Heaton Houser Hurley Huseman
Jacobs Klemme Kremer Lamberti
Lord Main Martin Metcalf
Millage Nelson, B. Nutt Rants
Renken Schulte Siegrist Sukup
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Welter Van Maanen,
Presiding
Absent or not voting, 8:
Blodgett Bradley Doderer Greiner
Hahn Larson McCoy Weidman
Amendment H-5330 lost.
Baker of Polk offered the following amendment H-5375 filed by
him and moved its adoption:
H-5375
1 Amend House File 2477 as follows:
2 1. Page 9, by striking lines 14 through 19.
3 2. Page 10, line 1, by striking the figure
4 "123,871,270" and inserting the following:
5 "124,306,270".
6 3. Page 10, line 13, by striking the figure
7 "18,041,340" and inserting the following:
8 "18,476,340".
9 4. Page 10, by inserting after line 18 the
10 following:
11 "Of the moneys allocated to merged area XI in
12 paragraph "j", for the fiscal year beginning July 1,
13 1996, and ending June 30, 1997, $435,000 shall be
14 expended on the career opportunity program to provide
15 assistance to minority persons who major in fields or
16 subject areas where minorities are currently
17 underutilized pursuant to section 260C.29."
18 5. Page 29, by inserting after line 2 the
19 following:
20 "Sec. 101. Section 260C.29, subsection 3, Code
21 Supplement 1995, is amended by adding the following
22 new paragraphs:
23 NEW PARAGRAPH. f. Contract with other community
24 colleges to expand the availability of program
25 services and increase the number of students served by
26 the program.
27 NEW PARAGRAPH. g. Establish a separate account,
28 which shall consist of all appropriations, grants,
29 contributions, bequests, endowments, or other moneys
30 or gifts received specifically for purposes of the
31 program by the community college administering the
32 program as provided in subsection 2. Not less than
33 eighty percent of the funds received from state
34 appropriations for purposes of the program shall be
35 used for purposes of assistance to students as
36 provided in subsection 5."
37 6. By renumbering as necessary.
Amendment H-5375 lost.
Wise of Lee offered the following amendment H-5361 filed by him
and moved its adoption:
H-5361
1 Amend House File 2477 as follows:
2 1. Page 9, line 23, by striking the figure
3 "200,000" and inserting the following: "1,450,000".
4 2. By striking page 34, line 25, through page 35,
5 line 1, and inserting the following: "thousand
6 dollars for support for the operations of the new Iowa
7 schools development corporation and for school
8 transformation design and implementation projects
9 administered by the corporation. Of the amount
10 provided in this subsection, one hundred fifty
11 thousand dollars shall be used for the school and
12 community planning initiative."
13 3. By renumbering, relettering, and redesignating
14 as necessary.
Roll call was requested by Wise of Lee and Shoultz of Black Hawk.
On the question "Shall amendment H-5361 be adopted?" (H.F. 2477)
The ayes were, 37:
Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Connors Doderer Drees Fallon
Harper Holveck Jochum Koenigs
Kreiman Larkin Mascher May
Mertz Moreland Mundie Murphy Myers
Nelson, L. O'Brien Ollie
Osterhaus Schrader Shoultz Siegrist
Taylor Warnstadt Weigel Wise
Witt
The nays were, 56:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Carroll Churchill Coon Cormack Daggett
Dinkla Disney Drake Eddie
Ertl Garman Gipp Greiner
Gries Grubbs Grundberg Halvorson
Hammitt Barry Hanson Heaton Houser
Hurley Huseman Jacobs Klemme
Kremer Lamberti Larson Lord
Main Martin Metcalf Meyer Millage
Nelson, B. Nutt Renken Salton
Schulte Sukup Teig
Thomson Tyrrell Van Fossen Vande Hoef
Weidman Welter Van Maanen, Presiding
Absent or not voting, 7:
Corbett, Spkr. Greig Hahn Harrison
McCoy Rants Veenstra
Amendment H-5361 lost.
Shoultz of Black Hawk offered the following amendment H-5343
filed by Shoultz et. al. and moved its adoption:
H-5343
1 Amend House File 2477 as follows:
2 1. Page 10, by striking lines 1 through 18, and
3 inserting the following:
4 " $124,871,270
5 The funds appropriated in this subsection shall be
6 allocated as follows:
7 a. Merged Area I $ 5,963,796
8 b. Merged Area II $ 7,032,256
9 c. Merged Area III $ 6,640,306
10 d. Merged Area IV $ 3,235,112
11 e. Merged Area V $ 6,766,796
12 f. Merged Area VI $ 6,270,791
13 g. Merged Area VII $ 8,945,122
14 h. Merged Area IX $ 10,967,686
15 i. Merged Area X $ 17,023,472
16 j. Merged Area XI $ 18,186,988
17 k. Merged Area XII $ 7,223,799
18 l. Merged Area XIII $ 7,388,425
19 m. Merged Area XIV $ 3,277,103
20 n. Merged Area XV $ 10,221,879
21 o. Merged Area XV $ 5,727,739"~
Roll call was requested by Shoultz of Black Hawk and Murphy of
Dubuque.
Rule 75 was invoked.
On the question "Shall amendment H-5343 be adopted?" (H.F. 2477)
The ayes were, 39:
Arnold Baker Bell Bernau
Brammer Brand Burnett Cataldo
Cohoon Connors Daggett Drees
Fallon Holveck Jochum Koenigs
Kreiman Lamberti Larkin Mascher
May Mertz Moreland Mundie
Murphy Myers Nelson, B. Nelson, L.
O'Brien Ollie Osterhaus Schrader
Shoultz Taylor Warnstadt Weigel
Welter Wise Witt
The nays were, 55:
Blodgett Boddicker Boggess Bradley
Branstad Brauns Brunkhorst Carroll
Churchill Coon Corbett, Spkr. Cormack
Dinkla Disney Drake Eddie
Ertl Garman Gipp
Greiner Gries Grubbs Grundberg
Halvorson Hammitt Barry Harrison Heaton Houser
Hurley Huseman Jacobs Klemme
Kremer Larson Lord Main
Martin Metcalf Meyer
Millage Nutt Rants Renken
Salton Schulte Siegrist Sukup
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Weidman Van Maanen,
Presiding
Absent or not voting, 6:
Doderer Greig Hahn Hanson
Harper McCoy
Amendment H-5343 lost.
Millage of Scott offered the following amendment H-5364 filed by
him and moved its adoption:
H-5364
1 Amend House File 2477 as follows:
2 1. Page 10, by striking line 19 and inserting the
3 following: "Unless the board of directors of a
4 community college filed a dental hygiene program
5 intent form with the department of education by
6 December 1, 1995, the board shall not".
Amendment H-5364 was adopted.
Cataldo of Polk offerd the following amendment H-5352 filed by
Cataldo et. al. and moved its adoption:
H-5352
1 Amend House File 2477 as follows:
2 1. Page 10, by inserting after line 22 the
3 following:
4 "Sec. 101. There is appropriated from the general
5 fund of the state to the department of education for
6 the fiscal year beginning July 1, 1996, and ending
7 June 30, 1997, the following amount, or so much
8 thereof as is necessary, to be used for the purpose
9 designated:
10 To provide matching funds to the school districts
11 to pay for health benefits covering early retirement
12 of classroom teachers under section 279.46:
13 $ 500,000
14 The match shall consist of one-third from the
15 state, one-third from the school district, and one-
16 third from the employee who elects early retirement
17 pursuant to a program adopted pursuant to section
18 279.46 which program provides for the continuation of
19 health or medical insurance coverage."
20 2. By renumbering as necessary.
Roll call was requested by Ollie of Clinton and Taylor of Linn.
On the question "Shall amendment H-5352 be adopted?" (H.F. 2477)
The ayes were, 38:
Arnold Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Connors Doderer Drees Fallon
Harper Holveck Jochum Koenigs
Kreiman Lamberti Larkin Mascher
May Mertz Moreland Mundie
Murphy Myers Nelson, L. O'Brien
Ollie Osterhaus Schrader Shoultz
Taylor Warnstadt Weigel Wise
Witt
The nays were, 60:
Blodgett Boddicker Boggess Bradley
Branstad Brauns Brunkhorst Carroll
Churchill Coon Corbett, Spkr. Cormack
Daggett Dinkla Disney Drake
Eddie Ertl Garman Gipp
Greig Greiner Gries
Grubbs Grundberg Halvorson Hammitt Barry Hanson
Harrison Heaton Houser Hurley
Huseman Jacobs Klemme Kremer
Larson Lord Main Martin
Metcalf Meyer Millage Nelson,
B. Nutt Rants Renken Salton
Schulte Siegrist Sukup Teig
Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Weidman Welter
Van Maanen, Presiding
Absent or not voting, 2:
Hahn McCoy
Amendment H-5352 lost.
Ollie of Clinton offered the following amendment H-5339 filed by
Ollie et. al. and moved its adoption:
H-5339
1 Amend House File 2477 as follows:
2 1. Page 11, by striking lines 3 through 6.
3 2. Page 18, line 8, by striking the figure
4 "71,771,714" and inserting the following:
5 "71,846,714".
6 3. Page 18, by inserting after line 9 the
7 following:
8 "From the moneys appropriated in this lettered
9 paragraph, $75,000 shall be used for purposes of
10 providing teaching coursework through merged area XI
11 at the Carroll campus."
12 4. Page 24, line 28, by striking the word "cash".
13 5. By striking page 24, line 30, through page 25,
14 line 8, and inserting the following: "the use of the
15 foundation. The For the fiscal year beginning July
1,
16 1996, the cumulative total value of contributions
17 received includes the value of the amount deposited in
18 the national center endowment fund established in
19 section 263.8A in excess of eight hundred seventy-five
20 thousand dollars. For the fiscal year beginning July
21 1, 1997, the cumulative total value of contributions
22 received includes one-half the value of the amount
23 deposited in the national center endowment fund
24 established in section 263.8A in excess of eight
25 hundred seventy-five thousand dollars. For the fiscal
26 year beginning July 1, 1998, and for each succeeding
27 fiscal year, the cumulative total value of
28 contributions received shall not include the value of
29 the amount deposited in the national center endowment
30 fund established in 263.8A. The value of in-kind
31 contributions shall be based upon the fair market
32 value of the contribution determined for income tax
33 purposes.
34 The portion of the interest for Iowa schools fund
35 that is equal to the cumulative total value of
36 contributions, less the portion of the interest for
37 Iowa schools fund dedicated to the national center for
38 gifted and talented education, is dedicated to the
39 first in the nation in education foundation for that
40 year. The portion of the interest for Iowa
schools
41 fund earned on this the amount dedicated
amount to the
42 first in the nation in education foundation as
43 provided in this subsection shall be transferred by
44 the treasurer of".
45 6. Page 25, line 16, by striking the word "cash".
46 7. Page 25, line 21, by striking the word "cash".
47 8. By renumbering as necessary.
Amendment H-5339 lost.
Weidman of Cass in the chair at 4:37 p.m.
Shoultz of Black Hawk offered the following amendment H-5373
filed by him and moved its adoption:
H-5373
1 Amend House File 2477 as follows:
2 1. Page 11, by inserting after line 9 the
3 following:
4 " . For distribution to school districts using
5 the family and schools together (FAST) model to
6 involve parents in support of their children's
7 educational success:
8 $ 30,000"
9 2. By renumbering as necessary.
Amendment H-5373 lost.
Hammitt Barry of Harrison offered the following amendment H-5374
filed by him and moved its adoption:
H-5374
1 Amend House File 2477 as follows:
2 1. Page 11, by striking lines 29 and 30 and
3 inserting the following: "general fund but shall be
4 distributed as follows:
5 1. To the state board of regents for the fiscal
6 year beginning July 1, 1996, and ending June 30, 1997,
7 the sum of $20,000 to be allocated to the southwest
8 Iowa graduate studies center for an Internet
9 connection and a computer laboratory.
10 2. To the department of education for the fiscal
11 year beginning July 1, 1996, and ending June 30, 1997,
12 any funds remaining from the appropriation made under
13 this subsection after distribution pursuant to
14 subsection 1, which shall be used for purposes of
15 providing grants to support".
16 2. Page 12, line 33, by striking the figure
17 "74,156" and inserting the following: "84,156".
18 3. Page 17, line 25, by striking the figure
19 "19,280,398" and inserting the following:
20 "19,270,398".
21 4. By renumbering, relettering, and redesignating
22 as necessary.
Amendment H-5374 was adopted.
Brand of Benton offered the following amendment H-5347 filed by
him and moved its adoption:
H-5347
1 Amend House File 2477 as follows:
2 1. Page 12, by striking lines 4 through 16, and
3 inserting the following:
4 "a. For salaries, support, maintenance,
5 miscellaneous purposes, and for not more than the
6 following full-time equivalent positions:
7 .................................................. $
1,152,417
8 .......................................... FTEs 15.63
9 If the moneys provided in this lettered paragraph
10 are augmented by reimbursements from the institutions
11 under the control of the state board of regents for
12 the funding of the office of the state board of
13 regents, the office shall report quarterly such
14 reimbursements to the chairpersons and ranking members
15 of the joint appropriations subcommittee on
16 education."
Roll call was requested by Siegrist of Pottawattamie and Millage
of Scott.
On the question "Shall amendment H-5347 be adopted?" (H.F. 2477)
The ayes were, 36:
Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Connors Doderer Drees Fallon
Harper Holveck Jochum Koenigs
Kreiman Larkin Mascher May
Mertz Moreland Mundie Murphy
Myers Nelson, L. O'Brien Ollie
Osterhaus Schrader Shoultz Taylor
Warnstadt Weigel Wise Witt
The nays were, 60:
Arnold Boddicker Boggess Bradley
Branstad Brauns Brunkhorst Carroll
Coon Corbett, Spkr. Cormack Daggett
Dinkla Disney Drake Eddie
Ertl Garman Gipp Greig
Greiner Gries Grubbs
Grundberg Halvorson Hammitt Barry 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 Welter
Weidman, Presiding
Absent or not voting, 4:
Blodgett Churchill Hahn McCoy
Amendment H-5347 lost.
Nelson of Marshall in the chair at 5:33 p.m.
Nelson of Pottawattamie asked and received unanimous consent to
withdraw amendment H-5348, filed by Nelson of Pottawattamie, et
al., on March 12, 1996.
Witt of Black Hawk offered the following amendment H-5351 filed
by Witt et. al. and moved its adoption:
H-5351
1 Amend House File 2477 as follows:
2 1. Page 13, line 20, by striking the figure
3 "202,267,198" and inserting the following:
4 "202,702,328".
5 2. Page 13, line 21, by striking the figure
6 "4,020.47" and inserting the following: "4,022.97".
7 3. Page 17, line 4, by striking the figure
8 "160,639,691" and inserting the following:
9 "161,084,066".
10 4. Page 17, line 5, by striking the figure
11 "3,581.98" and inserting the following: "3,583.64".
12 5. Page 18, line 8, by striking the figure
13 "71,771,714" and inserting the following:
14 "72,411,314".
15 6. Page 18, line 9, by striking the figure
16 "1,421.50" and inserting the following: "1,425.50".
Roll call was requested by Shoultz of Black Hawk and Witt of
Black Hawk.
On the question "Shall amendment H-5351 be adopted?" (H.F. 2477)
The ayes were, 37:
Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Connors Doderer Drees Fallon
Hanson Harper Holveck Jochum
Koenigs Kreiman Larkin Mascher
May Mertz Moreland Mundie
Murphy Myers Nelson, L. O'Brien
Ollie Osterhaus Schrader Shoultz
Taylor Warnstadt Weigel Wise
Witt
The nays were, 61:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Carroll Churchill Coon
Corbett, Spkr. Cormack Daggett Dinkla
Disney Drake Eddie Ertl
Garman Gipp Greig Greiner
Gries Grubbs Grundberg Halvorson
Hammitt Barry Harrison Heaton Houser
Hurley Huseman Jacobs Klemme
Kremer Lamberti Larson Lord
Main Martin Metcalf Meyer
Millage Nutt Rants Renken
Salton Schulte Siegrist Sukup
Teig Thomson Tyrrell Van Fossen
Van Maanen Vande Hoef Veenstra Weidman
Welter Nelson B,
Presiding
Absent or not voting, 2:
Hahn McCoy
Amendment H-5351 lost.
Murphy of Dubuque offered amendment H-5353 filed by him as
follows:
H-5353
1 Amend House File 2477 as follows:
2 1. Page 13, line 20, by striking the figure
3 "202,267,198" and inserting the following:
4 "202,067,198".
5 2. Page 19, by inserting after line 2 the
6 following:
7 "Sec. 101. There is appropriated from the rebuild
8 Iowa infrastructure fund to the state board of regents
9 for the fiscal year beginning July 1, 1996, and ending
10 June 30, 1997, the following amount, or so much
11 thereof as may be necessary, to be used for the
12 purpose designated:
13 UNIVERSITY OF NORTHERN IOWA
14 For the acquisition of biosciences equipment:
15 $ 200,000"
16 3. Page 32, by inserting after line 34 the
17 following:
18 "Sec. 102. Section 261.85, unnumbered paragraph 1,
19 Code Supplement 1995, is amended to read as follows:
20 There is appropriated from the general fund of the
21 state to the commission for each fiscal year the sum
22 of two three million nine one hundred fifty
thousand
23 dollars for the work-study program."
24 4. By renumbering, relettering, and redesignating
25 as necessary.
Murphy of Dubuque offered the following amendment H-5380, to
amendment H-5353, filed by him from the floor and moved its
adoption:
H-5380
1 Amend the amendment, H-5353, to House File 2477, as
2 follows:
3 1. Page 1, line 13, by striking the word
4 "NORTHERN".
5 2. Page 1, line 16, by striking the figure "34"
6 and inserting the following: "25".
Amendment H-5380 was adopted
On motion by Murphy of Dubuque, amendment H-5353, as amended,
lost.
Mascher of Johnson offered the following amendment H-5336 filed
by Mascher et. al. and moved its adoption:
H-5336
1 Amend House File 2477 as follows:
2 1. Page 16, line 32, by striking the figure
3 "282,101" and inserting the following: "608,448".
Amendment H-5336 lost.
Bernau of Story offered the following amendment H-5329 filed by
Bernau et. al. and moved its adoption:
H-5329
1 Amend House File 2477 as follows:
2 1. Page 17, line 4, by striking the figure
3 "160,639,691" and inserting the following:
4 "160,839,691".
5 2. Page 17, line 8, by striking the figure
6 "1,500,000" and inserting the following: "1,700,000".
Roll call was requested by Bernau of Story and Murphy of Dubuque.
On the question "Shall amendment H-5329 be adopted?" (H.F. 2477)
The ayes were, 42:
Arnold Baker Bell Bernau
Brammer Brand Burnett Cataldo
Cohoon Connors Coon Daggett
Doderer Drake Drees Fallon
Garman Greig Harper Holveck
Jochum Koenigs Kreiman Larkin
Mascher May Mertz Moreland
Mundie Murphy Myers Nelson,
L. O'Brien Ollie Osterhaus
Schrader Shoultz Taylor Weigel
Welter Wise Witt
The nays were, 55:
Boddicker Boggess Bradley Branstad
Brauns Brunkhorst Carroll Churchill
Corbett, Spkr. Cormack Dinkla Disney
Eddie Ertl Gipp Greiner
Gries Grubbs Grundberg Halvorson
Hammitt Barry Hanson Harrison Heaton
Houser Hurley Huseman Jacobs
Klemme Kremer Lamberti Larson
Lord Main Martin Metcalf
Meyer Millage Nutt Rants
Renken Salton Schulte Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Nelson B,
Presiding
Absent or not voting, 3:
Blodgett Hahn McCoy
Amendment H-5329 lost.
Shoultz of Black Hawk offered amendment H-5354 filed by Shoultz
et. al. as follows:
H-5354
1 Amend House File 2477 as follows:
2 1. Page 18, line 8, by striking the figure
3 "71,771,714" and inserting the following:
4 "71,871,714".
Speaker pro tempore Van Maanen of Marion in the chair at 6:18
p.m.
Shoultz of Black Hawk offered the following amendment H-5390, to
amendment H-5354, filed by him from the floor and moved its
adoption:
H-5390
1 Amend the amendment, H-5354, to House File 2477, as
2 follows:
3 1. Page 1, by inserting after line 4 the
4 following:
5 " . Page 18, by inserting after line 9 the
6 following:
7 "For the fiscal year beginning July 1, 1996, and
8 ending June 30, 1997, the amount expended by the
9 university of northern Iowa for purposes of the
10 decision making institute shall not be less than the
11 amount expended for the fiscal year beginning July 1,
12 1995, and ending June 30, 1996.""
13 2. By renumbering, relettering, and redesignating
14 as necessary.
Amendment H-5390 was adopted.
Shoultz of Black Hawk moved the adoption of amendment H-5354, as
amended.
A non-record roll call was requested.
The ayes were 46, nays 46.
Amendment H-5354, as amended, lost.
Churchill of Polk offered amendment H-5381 filed by him and
Grundberg from the floor as follows:
H-5381
1 Amend House File 2477 as follows:
2 1. Page 22, by inserting after line 19 the
3 following:
4 "Sec. 101. IOWA GRAIN QUALITY INITIATIVE.
5 Notwithstanding section 423.24, subsection 1,
6 paragraph "b", subparagraph (1), there is appropriated
7 for the fiscal year beginning July 1, 1996, and ending
8 June 30, 1997, an amount equal to two and three-
9 quarters percent of the total revenues collected
10 pursuant to section 423.7 and deposited in the value-
11 added agricultural products and processes financial
12 assistance fund, pursuant to section 423.24,
13 subsection 1, paragraph "b", subparagraph (1), to the
14 Iowa cooperative extension service in agriculture and
15 home economics at Iowa state university of science and
16 technology for administration of the Iowa grain
17 quality initiative."
18 2. By renumbering, relettering, and redesignating
19 as necessary.
Koenigs of Mitchell rose on a point of order that amendment
H-5381 was not germane.
The Speaker ruled the point well taken and amendment H-5381 not
germane.
Meyer of Sac offered the following amendment H-5360 filed by
Meyer et. al. and moved its adoption:
H-5360
1 Amend House File 2477 as follows:
2 1. Page 23, line 21, by striking the words and
3 figure "subsections 3 and" and inserting the
4 following: "subsection".
5 2. By striking page 23, line 22, through page 24,
6 line 15, and inserting the following: "is amended by
7 striking the subsection."
8 3. By renumbering as necessary.
Amendment H-5360 was adopted.
Kreiman of Davis offered the following amendment H-5355 filed by
Kreiman et. al. and moved its adoption:
H-5355
1 Amend House File 2477 as follows:
2 1. By striking page 23, line 16, through page 24,
3 line 15.
4 2. By renumbering as necessary.
Roll call was requested by Shoultz of Black Hawk and Kreiman of
Davis.
On the question "Shall amendment H-5355 be adopted?" (H.F. 2477)
The ayes were, 45:
Arnold Baker Bell Bernau
Brammer Brand Burnett Cataldo
Cohoon Connors Daggett Doderer
Fallon Garman Harper Heaton
Holveck Jochum Koenigs Kreiman
Larkin Main Mascher May
Mertz Meyer Moreland Mundie
Murphy Myers Nelson, B. Nelson, L.
O'Brien Ollie Osterhaus Salton
Schrader Shoultz Taylor Teig
Warnstadt Weigel Welter Wise
Witt
The nays were, 54:
Blodgett Boddicker Boggess Bradley
Branstad Brauns Brunkhorst Carroll
Churchill Coon Corbett, Spkr. Cormack
Dinkla Disney Drake Drees
Eddie Ertl Gipp Greig
Greiner Gries Grubbs
Grundberg Hahn Halvorson Hammitt Barry
Hanson Harrison Houser Hurley
Huseman Jacobs Klemme Kremer
Lamberti Larson Lord Martin
Metcalf Millage Nutt Rants
Renken Schulte Siegrist Sukup
Thomson Tyrrell Van Fossen Vande Hoef
Veenstra Weidman Van Maanen,
Presiding
Absent or not voting, 1:
McCoy
Amendment H-5355 lost.
Weigel of Chickasaw offered amendment H-5359 filed by Weigel et.
al. as follows:
H-5359
1 Amend House File 2477 as follows:
2 1. Page 24, by inserting after line 19 the
3 following:
4 "Sec. 101. NEW SECTION. 257.50 TRANSPORTATION
5 ASSISTANCE AID TO DISTRICTS.
6 1. The department shall pay transportation
7 assistance aid to a school district from funds as
8 provided in this section to school districts whose
9 average transportation costs per pupil exceed the
10 state average transportation costs per pupil
11 determined under subsection 2 by twenty-five percent.
12 2. A district's average transportation costs per
13 pupil shall be determined by dividing the district's
14 actual cost for all children transported in all school
15 buses for a school year pursuant to section 285.1,
16 subsection 12, less the amount received for
17 transporting nonpublic school pupils under section
18 285.1, by the district's actual enrollment for the
19 school year, excluding the shared-time enrollment for
20 the school year as defined in section 257.6. The
21 state average transportation costs per pupil shall be
22 determined by dividing the total actual costs for all
23 children transported in all districts for a school
24 year, by the total of all districts' actual
25 enrollments for the school year.
26 3. To be eligible for transportation assistance
27 aid, a school district shall annually certify its
28 actual cost for all children transported in all school
29 buses not later than July 31 after each school year on
30 forms prescribed by the department of education.
31 4. If a school district's average transportation
32 costs per pupil exceed the state average
33 transportation costs per pupil by twenty-five percent,
34 the department of education shall pay transportation
35 assistance aid equal to the amount of the difference
36 multiplied by the district's actual enrollment for the
37 school year excluding the shared-time enrollment for
38 the school year as defined in section 257.6.
39 5. There is appropriated from the general fund of
40 the state to the department of education, for each
41 fiscal year, an amount necessary to pay transportation
42 assistance aid pursuant to this section.
43 Transportation assistance aid is miscellaneous income
44 for purposes of chapter 257."
45 2. By renumbering as necessary.
Grundberg of Polk rose on a point of order that amendment H-5359
was not germane.
The Speaker ruled the point well taken and amendment H-5359 not
germane.
Taylor of Linn offered amendment H-5341 filed by Taylor et. al.
as follows:
H-5341
1 Amend House File 2477 as follows:
2 1. Page 30, by inserting after line 33 the
3 following:
4 "Sec. ___. NEW SECTION. 260C.41 ADULT BASIC
5 EDUCATION PROGRAM.
6 1. An adult basic education program is established
7 to provide basic educational skills to adults who are
8 twenty-one years of age or older and who have very
9 limited to moderately deficient literacy skills. A
10 community college receiving funds for the program may
11 expend the funds for equipment, audio or visual
12 materials, staff development activities for the
13 program, development or expansion of outreach or
14 referral services to identify and attract program
15 participants, and program assessment. Each community
16 college shall submit a report to the department of
17 education which includes, but is not limited to, an
18 accounting for expenditure of funds received under the
19 program, numbers of persons served under the program,
20 an assessment of the impact of the program on persons
21 served under the program, and an estimation of the
22 numbers of persons yet to be served under the program.
23 2. The state board shall adopt rules pursuant to
24 chapter 17A that provide minimum standards for adult
25 basic education programs at the community colleges.
26 3. There is appropriated from the general fund of
27 the state to the department of education for each
28 fiscal year the sum of one hundred fifty thousand
29 dollars for adult basic education programs at the
30 community colleges, to be used as provided in this
31 section. Notwithstanding section 260C.18A, funds
32 appropriated in this subsection shall be distributed
33 by the department in the same manner, utilizing the
34 same formula, as federal funds received for adult
35 literacy programs at the community colleges."
36 2. By renumbering as necessary.
Grundberg of Polk rose on a point of order that amendment H-5341
was not germane.
The Speaker ruled the point well taken and amendment H-5341 not
germane.
Taylor of Linn asked for unanimous consent to suspend the rules
to consider amendment H-5341.
Objection was raised.
Taylor of Linn moved to suspend the rules to consider amendment
H-5341.
Roll call was requested by Ollie of Clinton and Schrader of
Marion.
On the question "Shall the rules be suspended to consider
amendment H-5341?" (H.F. 2477)
The ayes were, 36:
Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Connors Doderer Drees Fallon
Harper Holveck Jochum Koenigs
Kreiman Larkin Mascher May
Mertz Moreland Mundie Murphy
Myers Nelson, L. O'Brien Ollie
Osterhaus Schrader Shoultz Taylor
Warnstadt Weigel Wise Witt
The nays were, 61:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Carroll Churchill Coon Corbett, Spkr.
Cormack Daggett Dinkla Disney
Drake Eddie Ertl Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson
Hammitt Barry Hanson Heaton Houser
Hurley Huseman Jacobs Klemme
Kremer Lamberti Larson Lord
Main Martin Metcalf Meyer
Millage Nelson, B. Nutt Rants
Renken Salton Schulte Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Vande Hoef Weidman
Welter Van Maanen,
Presiding
Absent or not voting, 3:
Harrison McCoy Veenstra
The motion to suspend the rules lost.
Jochum of Dubuque offered the following amendment H-5356 filed
by Jochum et. al. and moved its adoption:
H-5356
1 Amend House File 2477 as follows:
2 1. Page 31, line 8, by striking the word
3 "hundred" and inserting the following: "one
hundred".
4 2. Page 32, by striking lines 21 and 22 and
5 inserting the following: "thirty-five thirty-eight
6 million six hundred sixty-four thousand seven hundred
7 fifty dollars".
Roll call was requested by Jochum of Dubuque and Siegrist of
Pottawattamie.
On the question "Shall amendment H-5356 be adopted?" (H.F. 2477)
The ayes were, 42:
Arnold Baker Bell Bernau
Brammer Brand Brunkhorst Burnett
Cataldo Cohoon Connors Dinkla
Doderer Ertl Fallon Garman
Grubbs Holveck Jochum Koenigs
Kreiman Larkin Martin Mascher
May Mertz Moreland Mundie
Murphy Myers Nelson, L. O'Brien
Ollie Osterhaus Schrader Shoultz
Taylor Warnstadt Weigel Welter
Wise Witt
The nays were, 56:
Blodgett Boddicker Boggess Bradley
Branstad Brauns Carroll Churchill
Coon Corbett, Spkr. Cormack
Daggett Disney Drake Drees
Eddie Gipp Greig Greiner
Gries Grundberg Hahn Halvorson
Hammitt Barry Hanson Harper Harrison
Heaton Hurley Huseman Jacobs
Klemme Kremer Lamberti Larson
Lord Main Metcalf Meyer
Millage Nelson, B. Nutt Rants
Renken Salton Schulte Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Weidman
Van Maanen, Presiding
Absent or not voting, 2:
Houser McCoy
Amendment H-5356 lost.
The House resumed consideration of amendment H-5362B, found on
pages 700 through 702 of the House Journal.
Murphy of Dubuque offered the following amendment H-5386, to
amendment H-5362B, filed by him from the floor and moved its
adoption:
H-5386
1 Amend the amendment, H-5362, to House File 2477, as
2 follows:
3 1. Page 3, by inserting after line 8 the
4 following:
5 " . Of the funds appropriated to the college
6 student aid commission to be allocated for this
7 program for each fiscal year, thirty-three and three-
8 tenths percent shall be reserved for students
9 attending the board of regents' institutions, thirty-
10 three and four-tenths percent shall be reserved for
11 students attending community colleges, and thirty-
12 three and three-tenths percent shall be reserved for
13 students attending private colleges and universities.
14 Funds appropriated for this program shall be used to
15 supplement, not supplant, funds appropriated for other
16 existing programs at the eligible institutions."
17 2. By renumbering, relettering, and redesignating
18 as necessary.
Amendment H-5386 was adopted.
Myers of Johnson moved the adoption of amendment H-5362B, as
amended.
A non-record roll call was requested.
The ayes were 59, nays 16.
Amendment H-5362B, as amended, was adopted.
Warnstadt of Woodbury offered the following amendment H-5338
filed by him and moved its adoption:
H-5338
1 Amend House File 2477 as follows:
2 1. Page 32, by inserting after line 25 the
3 following:
4 "Sec. 101. NEW SECTION. 261.110 DEFINITIONS.
5 As used in this division, unless the context
6 otherwise requires:
7 1. "Accredited higher education institution" means
8 a public or private institution of higher learning
9 located in Iowa that meets the requirements
10 established in section 261.92, subsection 1.
11 2. "Commission" means the college student aid
12 commission.
13 3. "Full-time resident student" means an
14 individual resident of Iowa who is enrolled at an
15 accredited higher education institution located in
16 Iowa in a course of study including at least twelve
17 semester hours or the trimester equivalent of twelve
18 semester hours or the quarter equivalent of twelve
19 semester hours. "Course of study" does not include
20 correspondence courses.
21 4. "Grant" means an award by the state of Iowa to
22 an accredited higher education institution for a
23 qualified resident student under the Iowa military
24 service grant program.
25 5. "Part-time resident student" means an
26 individual resident of Iowa who is enrolled at an
27 accredited higher education institution located in
28 Iowa in a course of study including at least three
29 semester hours or the trimester or the four quarter
30 equivalent of three semester hours. "Course of study"
31 does not include correspondence courses.
32 6. "Qualified student" means a resident student
33 who entered military service on or after January 1,
34 1994, has received an honorable discharge from a
35 branch of the armed services of the United States of
36 America or the state military forces, after having
37 served a minimum of four years on active duty, and who
38 is making satisfactory progress toward graduation.
39 Sec. 102. NEW SECTION. 261.111 PROGRAM
40 ESTABLISHED _ ELIGIBILITY.
41 An Iowa military service grant program is
42 established. A military service grant may be awarded
43 to a resident of Iowa who is admitted and in
44 attendance as a full-time or part-time resident
45 student at an accredited higher education institution
46 and who has received an honorable discharge from a
47 branch of the armed services of the United States of
48 America or the state military forces, after having
49 served a minimum of four years on active duty. The
50 individual's permanent residence during the years of
Page 2
1 service on active duty shall have been in Iowa.
2 Grants awarded shall be distributed to the appropriate
3 accredited higher education institution for payment of
4 educational expenses, including tuition, room, board,
5 and mandatory fees, with any balance to be distributed
6 to the student for whom the grant is awarded.
7 Sec. 103. NEW SECTION. 261.112 EXTENT OF GRANT.
8 A qualified full-time resident student may receive
9 grants for not more than eight semesters of
10 undergraduate study or the trimester or quarter
11 equivalent. A qualified part-time resident student
12 may receive grants for not more than sixteen semesters
13 of undergraduate study or the trimester or quarter
14 equivalent.
15 Sec. 104. NEW SECTION. 261.113 AMOUNT OF GRANT.
16 1. The amount of a grant to a qualified full-time
17 student for an academic year shall be one thousand
18 dollars.
19 2. The amount of a grant to a qualified part-time
20 student enrolled in a course of study shall be equal
21 to the average amount of a grant to a full-time
22 student times a number which represents twenty-four
23 semester hours, or the trimester or quarter
24 equivalent, divided by the number of hours in which
25 the part-time student is actually enrolled.
26 3. A grant may be made annually for both the fall
27 and spring semesters or the trimester equivalent.
28 Payments under the grant shall be allocated equally
29 among the semesters or trimesters and shall be paid at
30 the beginning of each semester or trimester, upon
31 certification by the accredited higher education
32 institution that the student is admitted and in
33 attendance. If the student discontinues attendance
34 before the end of the semester or trimester after
35 receiving payment under the grant, the entire amount
36 of any refund due that student, up to the amount of
37 any payments made under the annual grant, shall be
38 paid by the accredited higher education institution to
39 the state.
40 Sec. 105. NEW SECTION. 261.114 ADMINISTRATION BY
41 COMMISSION _ RULES.
42 The commission shall administer this program and
43 shall:
44 1. Provide application forms to qualified students
45 enrolled and attending or seeking to enroll and attend
46 an accredited higher education institution.
47 2. Adopt rules for defining tuition and mandatory
48 fees, defining residence for the purposes of the Iowa
49 military service grant program, and processing and
50 approving applications for grants. In determining who
Page 3
1 is a resident of Iowa, the commission's rules shall be
2 at least as restrictive as those of the board of
3 regents.
4 3. Approve and award grants to accredited higher
5 education institutions under the program.
6 4. Report annually to the governor and general
7 assembly and include in the report an evaluation of
8 the Iowa military service grant program for the
9 period. The commission may require the accredited
10 higher education institution to promptly furnish any
11 information that the commission may request in
12 connection with the Iowa military service grant
13 program.
14 5. Provide for the proration of funds among
15 qualified applicants if funds available are
16 insufficient to pay all approved grants.
17 6. Contact the appropriate officials from each
18 branch of the armed services of the United States and
19 the adjutant general of the state to determine the
20 number of possible eligible applicants for this
21 program.
22 Sec. 106. NEW SECTION. 261.115 APPLICATION FOR
23 GRANTS.
24 Each applicant, in accordance with the rules of the
25 commission, shall:
26 1. Complete and file an application for a grant on
27 forms provided by the commission.
28 2. Submit promptly information requested by the
29 commission.
30 3. File a new application annually, by which the
31 applicant's eligibility for a renewed grant will be
32 evaluated and determined.
33 Sec. 107. NEW SECTION. 261.116 APPROPRIATION.
34 There is appropriated from the general fund of the
35 state to the college student aid commission funds
36 sufficient to pay the Iowa military service tuition
37 grants approved pursuant to this division."
38 2. By renumbering as necessary.
Amendment H-5338 lost.
Heaton of Henry offered the following amendment H-5387 filed by
Heaton, Daggett, Gries, Hammitt Barry, Teig, Hanson and
Grundberg from the floor and moved its adoption:
H-5387
1 Amend House File 2477 as follows:
2 1. Page 34, by striking lines 24 through 33 and
3 inserting the following: "phase III moneys the amount
4 of one million two hundred fifty thousand dollars for
5 support for the operations of the new Iowa schools
6 development corporation and for school transformation
7 design and implementation projects administered by the
8 corporation and the sum of two hundred fifty thousand
9 dollars for the purposes set forth in section 279.51,
10 subsection 2, and section 256A.3. Of the amount
11 provided to the new Iowa schools development
12 corporation in this subsection, one hundred fifty
13 thousand dollars shall be used for the school and
14 community planning initiative. The new Iowa schools
15 development corporation shall develop a process to
16 encourage partnerships between the corporation and the
17 education community and other organizations interested
18 in school improvement in Iowa. The new Iowa schools
19 development corporation shall submit a progress report
20 on the process developed to the general assembly by
21 January 15, 1997. Moneys distributed to the child
22 development coordinating council".
Roll call was requested by Ollie of Clinton and Siegrist of
Pottawattamie.
On the question "Shall amendment H-5387 be adopted?" (H.F. 2477)
The ayes were, 41:
Arnold Boggess Brauns Carroll
Cataldo Coon Cormack Daggett
Doderer Ertl Garman Gipp
Greig Gries Hahn Hammitt Barry Hanson
Heaton Houser Hurley Huseman
Jacobs Jochum Klemme Kreiman
Kremer Lord Mertz
Moreland Mundie Murphy O'Brien
Osterhaus Rants Salton Siegrist
Teig Thomson Weidman Weigel
Welter
The nays were, 56:
Baker Bell Bernau Blodgett
Boddicker Bradley Brammer Brand
Branstad Brunkhorst Burnett Churchill
Cohoon Connors Corbett, Spkr. Dinkla
Drake Drees Eddie Fallon
Greiner Grubbs Grundberg Halvorson
Harper Harrison Holveck Koenigs
Lamberti Larkin Larson Main
Martin Mascher May
Metcalf Meyer Millage Myers
Nelson, B. Nelson, L. Nutt Ollie
Renken Schrader Schulte Shoultz
Sukup Taylor Van Fossen Vande
Hoef Veenstra Warnstadt Wise Witt
Van Maanen, Presiding
Absent or not voting, 3:
Disney McCoy Tyrrell
Amendment H-5387 lost.
Warnstadt of Woodbury asked and received unanimous consent to
withdraw amendment H-5337, filed by him on March 12, 1996.
Grundberg of Polk moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2477)
The ayes were, 62:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Carroll
Churchill Coon Corbett, Spkr. Cormack
Daggett Dinkla Disney Doderer
Drake Eddie Ertl Garman
Gipp Greiner Gries Grubbs
Grundberg Hahn Halvorson Hammitt
Barry Hanson Harrison Heaton Houser
Hurley Huseman Jacobs Klemme
Kremer Lamberti Larson Lord
Main Martin Metcalf Meyer
Millage Nelson, B. Nutt Rants
Renken Salton Schulte
Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Vande Hoef Veenstra
Weidman Welter Van Maanen,
Presiding
The nays were, 37:
Baker Bell Bernau Brammer
Brand Brunkhorst Burnett Cataldo
Cohoon Connors Drees Fallon
Greig Harper Holveck Jochum
Koenigs Kreiman Larkin Mascher
May Mertz Moreland Mundie
Murphy Myers Nelson, L. O'Brien
Ollie Osterhaus Schrader Shoultz
Taylor Warnstadt Weigel Wise
Witt
Absent or not voting, 1:
McCoy
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2477 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 March 13, 1996, passed the following bill in
which the concurrence of the Senate was asked:
House File 2365, a bill for an act relating to the authority of
fiduciaries under the probate code to invest in open-end or
closed-end management investment companies or investment trusts.
Also: That the Senate has, on March 13, 1996, adopted the
conference committee report and passed Senate File 13, a bill
for an act relating to the establishment of a decision-making
process for prospective minor parents, providing penalties, and
providing effective dates.
Also: That the Senate has on March 13, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2158, a bill for an act relating to textbooks.
Also: That the Senate has on March 13, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2160, a bill for an act relating to school finance
by extending budget adjustment guarantee provisions for an
additional budget year and providing an effective date.
Also: That the Senate has on March 13, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2223, a bill for an act providing for agricultural
drainage regulation, and providing penalties.
Also: That the Senate has on March 13, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2322, a bill for an act relating to a cash reserve
levy for merged areas and providing for properly related matters.
Also: That the Senate has on March 13, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2328, a bill for an act relating to the
administration and accreditation of area education agency
programs and providing for properly related matters.
Also: That the Senate has on March 13, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2381, a bill for an act relating to dependent adult
abuse and providing penalties.
Also: That the Senate has on March 13, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2445, a bill for an act relating to and making
appropriations to the department of general services for the
fiscal year beginning July 1, 1995, and providing an effective
date.
JOHN F. DWYER, Secretary
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on March 13,
1996. Had I been present, I would have voted "aye" on Amendment
5330 on House File 2477.
BRADLEY of Clinton
I was necessarily absent from the House chamber on March 12,
1996. Had I been present, I would have voted "aye" on House File
2472.
LORD of Dallas
I was necessarily absent from the House chamber on the morning
of March 13, 1996. Had I been present, I would have voted
"aye"on House Files 2255 and 2456 and Senate File 2083.
NELSON of Marshall
CONFERENCE COMMITTEE REPORT FILED
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the conference committee report on the following bill has
been received and is on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Senate File 13, a bill for an act relating to the establishment
of a decision-making process for prospective minor parents,
providing penalties, and providing effective dates.
ON THE PART OF THE HOUSE: ON THE PART OF THE SENATE:
DAN BODDICKER, Chair ELAINE SZYMONIAK, Chair
DONNA HAMMITT BARRY MERLIN E. BARTZ
CHARLES HURLEY MARY E. KRAMER LARRY MURPHY
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Four Student Council students from Lyons Middle School, Clinton,
accompanied by Joyce Ollie and Linda Smith. By Ollie of Clinton.
Thirty-five 7th and 8th grade students from Northwest Junior
High and West Branch Middle School, Iowa City, accompanied by
Dave Lewis, Dave Douglas and Hector Ibarra. By Masher, Myers,
and Doderer of Johnson and Boddicker of Cedar.
High School students from Kofu First High School, Kofu, Japan,
accompanied by Dennis Cumpston. By Holveck of Polk.
Eighty 5th grade students from Winterset Middle School,
Winterset, accompanied by Mrs. Liechty. By Dinkla of Guthrie.
Fifty-four 6th grade students from Gladbrook-Reinbeck Middle
School, Gladbrook, accompanied by Terri Luehring, April Acton
and Barb Schwarck. By Brand of Benton and Renken of Grundy.
CERTIFICATES
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.
ELIZABETH A. ISAACSON
Chief Clerk of the House
1996\237 Erin Orozco, Keokuk - For her winning essay in the 8th
and 9th grade category in the "Write Women Back Into History"
contest.
1996\238 Roger "Smokey" Barr, Storm Lake - For being inducted
into the Iowa High School Officials Hall of Fame.
1996\239 Jed Henry, Dubuque - For winning the fourth annual Des
Moines Area Community College/Hawkeye Automotive Booster Club
Automotive Skills contest.
1996\240 Jeff Hammel, Dubuque - For winning the fourth annual
Des Moines Area Community College/Hawkeye Automotive Booster
Club Automotive Skills contest.
1996\241 Leslie Van Hemert, Pella - For receiving a $500
scholarship for submitting a winning essay in the Iowa's Best
Community Scholarship Program.
1996\242 Kelly Van Haaften, Pella - For receiving a $500
scholarship for submitting a winning essay in the Iowa's Best
Community Scholarship Program.
1996\243 Wendy Pothoven, Pella - Fro receiving a $500
scholarship for submitting a winning essay in the Iowa's Best
Community Scholarship Program.
1996\244 AdreAnne Barnhill, Pella - For receivng a $500
scholarship for submitting a winning essay in the Iowa's Best
Community Scholarship Program.
1996\245 Jennifer Baethke, New Virginia - For receiving a $500
scholarship for submitting a winning essay in the Iowa's Best
Community Scholarship Program.
1996\246 Katie Van Utrecht, New Sharon - For receiving a $500
scholarship for submitting a winning essay in the Iowa's Best
Community Scholarship Program.
1996\247 Kari Broadway, New Sharon - For receiving a $500
scholarship for submitting a winning essay in the Iowa's Best
Community Scholarship Program.
1996\248 Sarah Hillbert, Centerville - For receiving a $500
scholarship for submitting a winning essay in the Iowa's Best
Community Scholarship Program.
1996\249 Valerie Griazel, Atalissa - For receiving a $500
scholarship for submitting a winning essay in the Iowa's Best
Community Scholarship Program.
1996\250 Aaron Strumpel, West Liberty - For receiving a $500
scholarship for submitting a winning essay in the Iowa's Best
Community Scholarship Program.
1996\251 J. D. Pugh, Columbus Junction High School - For placing
2nd in the Class 1A championship in the 112 lb. weight class of
the 1996 State Wrestling Tournament.
1996\252 Kathleen Schnitker, Council Bluffs - For winning 1st
place in the Council Bluffs All-City Spelling Bee.
1996\253 Clara Lemmer, Dubuque - For celebrating her One
hundredth birthday.
1996\254 Marc Compart, Lehigh - For being selected a 1995 Iowa
Master Seed Stock Producer.
1996\255 Janet Brinkman, Lehigh - For being selected a 1995 Iowa
Master Pork Producer.
1996\256 Anna and Ernest Sindlinger, Ft. Dodge - For celebrating
their Seventieth wedding anniversary.
1996\257 Mabel Bahrens, Pomeroy - For celebrating her
Ninety-nineth birthday.
1996\258 Lennice and Floyd Barnum, Callender - For celebrating
their Sixtieth wedding anniversary.
1996\259 Carroll High School Girls Basketball Team, Carroll -
For winning the class 3A division of the 1996 Girls State
Basketball Tournament.
1996\260 Chad Winterhof, Walnut - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1996\261 Dean Kroll, Avoca - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.
1996\262 Nick Rold, Elkhorn - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.
1996\263 Jerod Stamp, Avoca - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.
1996\264 Mildred and Montelle Chew, Murray - For celebrating
their Sixtieth wedding anniversary.
1996\265 Ed Hilpipre, South Clarion - For celebrating his One
hundredth birthday.
1996\266 Robert Nielsen, Superintendent, Ar-We-Va Community
School District - For his Fourty years of service as a teacher,
coachm and administrator.
1996\267 Wade Bruggeman, Principal, Charter Oak-Ute Community
School - For his Thirty-seven years of service as teacher,
coach, and administrator.
1996\268 Don Brock, Boone - For his Twenty-five years of
dedicated service in providing leadership to the Assemblies of
God Royal Ranger program.
1996\269 Jessica Meyer, Blairsburg-Carion-Goldfield High School
- For receiving a $500 scholarship for submitting a winning
essay in the Iowa's Best Community Scholarship Program.
1996\270 Lori Hass, Ottumwa High School - For receiving a $500
scholarship for submitting a winning essay in the Iowa's Best
Community Scholarship Program.
1996\271 Columbus Wildcats and Coach Bill Plein, Columbus
Junction High School - For winning the Dual Title Meet
championship of the 1996 State Wrestling Tournament.
1996\272 Lindsey Meyer, Albert City - For winning the 5th grade
division in the Knights of Columbus Girls State Free Throw
Contest.
1996\273 Iowa State Clyclones and Coach Tim Floyd, Ames - For
winning the Big Eight Conference and being selected Big Eight
Conference Coach of the Year.
The following certificate of condolence has been issued:
1996\ 1 Sincere condolences to the Pitzen family.
SUBCOMMITTEE ASSIGNMENTS
House File 2157
Appropriations: Gipp, Chair; Garman and Ollie.
Senate File 2114
Judiciary: Grubbs, Chair; Kreiman and Lamberti.
Senate File 2126
Judiciary: Coon, Chair; Doderer and Harrison.
Senate File 2269
Judiciary: Greiner, Chair; Doderer and Harrison.
Senate File 2291
Judiciary: Lamberti, Chair; Kremer and Shoultz.
Senate File 2299
Judiciary: Boddicker, Chair; Bell and Schulte.
Senate File 2302
Judiciary: Kremer, Chair; Moreland and Veenstra.
Senate File 2354
Judiciary: Coon, Chair; Harrison and Holveck.
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 TRANSPORTATION
Senate File 2140, a bill for an act increasing the speed limit
on certain highways, requiring a report on safety in
construction zones, and providing an effective date.
Fiscal Note is not required.
Recommended Do Pass March 12, 1996.
RESOLUTION FILED
HCR 118, a concurrent resolution recognizing the League of Women
Voters of Iowa and Cornell College for their efforts in creating
in Internet-accessible system for obtaining legislative
information.
Laid over under Rule 25.
AMENDMENTS FILED
H_5376 S.F. 2140 Mundie of Webster
H_5378 H.F. 2449 Bernau of Story
H_5379 H.F. 2449 Renken of Grundy Drake of
Pottawattamie Disney of Polk Halvorson of Clayton Churchill
of Polk Hanson of Black Hawk Tyrrell of Iowa Houser of
Pottawattamie Brandstad of Winnebago Bradley of Clinton
H_5382 H.F. 2235 Weigel of Chickasaw
H_5383 H.F. 2235 Weigel of Chickasaw
H_5388 H.F. 2304 Heaton of Henry
H_5389 H.F. 2318 Sukup of Franklin Brunkhorst of
Bremer Wise of Lee
H_5391 H.F. 2449 Witt of Black Hawk
H_5392 H.F. 2449 Fallon of Polk
H_5393 H.F. 2191 Carroll of Poweshiek
H_5394 H.F. 2447 Witt of Black Hawk
H_5395 H.F. 2449 Witt of Black Hawk
H_5396 H.F. 2407 Drake of Pottawattamie Taylor of Linn
H_5397 H.F. 2447 Burnett of Story Bernau of Story Holveck of
Polk Mascher of Johnson Witt of Black Hawk
H_5398 S.F. 2395 Halvorson of Clayton
On motion by Siegrist of Pottawattamie, the House adjourned at
7:57 p.m., until 8:45 a.m., Thursday, March 14, 1996.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 2)
© 1996 Cornell College and League of Women Voters of Iowa
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Last update: Thu Mar 14 13:30:03 CST 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/Day/0313.html
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