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Eighty-seventh Calendar Day - Fifty-eighth Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, April 3, 1996 The House met pursuant to adjournmentat 8:45 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend Francis A. Harper, Jr., Followers of Christ Church, Woodbine. The Journal of Tuesday, April 2, 1996 was approved. PETITIONS FILED The following petitions were received and placed on file: By Gries of Crawford from forty-eight constituents, opposing legislation which would restirct Iowa utilities from offering nonutility services. From Nelson of Pottawattamie from citizens opporins legislation which would restirct Iowa utilities from offering nonutility services. SENATE MESSAGES CONSIDERED Senate File 2131, by Szymoniak and Sorensen, a bill for an act relating to a continuing appropriation for city public improvements. Read first time and passed on file. Senate File 2453, by Horn and Rife, a bill for an act relating to boilers and unfired steam pressure vessels by providing for the inspection of certain unfired steam pressure vessels, the procedure for adopting rules, and providing an effective date. Read first time and referred to committee on labor and industrial relations. Senate File 2459, by committee on appropriations, a bill for an act relating to the provision of health care services including the risk-based inspections of health care facilities. Read first time and referred to committee on appropriations. Senate File 2461, by committee on appropriations, a bill for an act relating to the establishment of family opportunity districts to provide services to children and their families at the local level, making an appropriation, and providing a repeal. Read first time and referred to committee on appropriations. Speaker pro tempore Van Maanen of Marion in the chair at 8:58 a.m. CONSIDERATION OF BILLS Unfinished Business Calendar The House resumed consideration of Senate File 2438, a bill for an act relating to the terminology used to describe persons with certain mental and physical conditions, previously deferred and planced on the unfinished business calendar. Grundberg of Polk offered the following amendment H-5528 filed by her and moved its adoption: H-5528 1 Amend Senate File 2438, as passed by the Senate, as 2 follows: 3 1. Page 1, lines 6 and 7, by striking the words 4 "of unsound mind" and inserting the following: "of5unsound mindwith any type of mental disease or mental 6 disorder, except that mental illness does not refer to 7 mental retardation as defined in section 222.2, or to 8 insanity, diminished responsibility, or mental 9 incompetency as defined and used in the Iowa criminal 10 code or in the rules of criminal procedure, Iowa court 11 rules, 3d ed". 12 2. Page 41, lines 29 and 30, by striking the 13 words "WITH MENTAL ILLNESS" and inserting the 14 following: "UNDER LEGAL INCOMPETENCY". 15 3. Page 41, by striking lines 31 and 32 and 16 inserting the following: 17 "The vote of any person who is a minor, mentally18ill,or underotherlegal incompetency shall be". 19 4. Page 42, line 3, by striking the words "with 20 mental illness or other" and inserting the following: 21 "under". 22 5. Page 45, by striking lines 2 and 3 and 23 inserting the following: 24 "No marriageA dissolution of marriage grantedd ue25to the mental illness ofwhen one of the spouses has 26 mental illness shall not relieve the". 27 6. Page 46, by striking lines 18 through 20 and 28 inserting the following: 29 "a. One who is under legal incompetency or is a 30mental retardate, mentally ill, achronic alcoholic,31 or a spendthrift." 32 7. Title page, line 2, by inserting after the 33 word "conditions" the following: ", and providing for 34 related matters concerning persons with mental 35 illness". Amendment H-5528 was adopted. Carroll of Poweshiek offered the following amendment H-5510 filed by him and moved its adoption: H-5510 1 Amend Senate File 2438, as passed by the Senate, as 2 follows: 3 1. Page 5, by striking lines 20 through 26. 4 2. Page 22, line 1, by striking the word "adults" 5 and inserting the following: "adultsadult persons". 6 3. By renumbering as necessary. Amendment H-5510 was adopted. Carroll of Poweshiek offered the following amendment H-5571 filed by him and moved its adoption: H-5571 1 Amend Senate File 2438, as passed by the Senate, as 2 follows: 3 1. By striking page 33, line 31, through page 35, 4 line 11. 5 2. Page 36, by striking lines 2 through 27. 6 3. Page 40, by striking lines 10 through 19. 7 4. Page 41, by striking lines 11 through 18 and 8 inserting the following: 9 "Sec. ___. Section 427.1, subsection 34, Code 10 Supplement 1995, is amended to read as follows:" 11 5. By renumbering as necessary. Amendment H-5571 was adopted. Carroll of Poweshiek 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. 2438) The ayes were, 100: 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 McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus 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, none. The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. The House resumed consideration of Senate File 2348, a bill for an act relating to agricultural limestone, and providing penalties, fees, and an effective date, previously deferred and placed on the unfinished business calendar. Eddie of Buena Vista 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. 2348) The ayes were, 100: 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 McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus 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, none. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. The House resumed consideration of Senate File 2159, a bill for an act relating to evaluator licensing of educators, previously deferred and placed on the unfinished business calendar. Gries of Crawford 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. 2159) The ayes were, 100: 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 McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus 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, none. 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: Senate Files 2159, 2348 and 2438. SENATE AMENDMENT CONSIDERED Harrison of Scott called up for consideration House File 2456, a bill for an act relating to the rights of victims of criminal acts, amended by the Senate amendment H-5649 as follows: H-5649 1 Amend House File 2456, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, by inserting after line 8 the 4 following: 5 "Sec. ___. Section 904.108, subsection 6, Code 6 1995, is amended to read as follows: 7 6. The director or the director's designee, having 8 probable cause to believe that a person has escaped 9 from a state correctional institution or a person 10 released on work release has absconded from a work 11 release facility,may makeshall: 12 a. Make a complaint before a judge or magistrate. 13 If it is determined from the complaint or accompanying 14 affidavits that there is probable cause to believe 15 that the person has escaped from a state correctional 16 institution or absconded from a work release facility, 17 the judge or magistrate shall issue a warrant for the 18 arrest of the person. 19 b. Issue an announcement regarding the fact of the 20 escape or abscondence to the law enforcement 21 authorities in, and to the news media covering, 22 communities in a twenty-five mile radius of the point 23 of escape or abscondence." 24 2. Page 3, by striking lines 14 through 17 and 25 inserting the following: 26 "NEW SUBSECTION. 6. The transfer of custody of 27 the offender to another state or federal jurisdiction. 28 NEW SUBSECTION. 7. The procedures for contacting 29 the department to determine the offender's current 30 institution of residence." 31 3. By renumbering, relettering, or redesignating 32 and correcting internal references as necessary. Harrison of Scott offered amendment H-5839, to the Senate amendment H-5649, filed by him. Division was requested as follows: H-5839 1 Amend the Senate amendment, H-5649, to House File 2 2456, as amended, passed, and reprinted by the House, 3 as follows: H-5839A 4 1. Page 1, line 9, by inserting after the word 5 "person" the following: "convicted of a forcible 6 felony who is". 7 2. Page 1, line 16, by inserting after the word 8 "or" the following: "that the forcible felon has". 9 3. Page 1, line 20, by inserting after the word 10 "escape" the following: "of the person". 11 4. Page 1, line 20, by striking the word 12 "abscondence" and inserting the following: "the 13 abscondence of the forcible felon". H-5839B 14 5. Page 1, by inserting after line 23 the 15 following: 16 " . Page 3, by inserting after line 7 the 17 following: 18 "Sec. ___. Section 910A.7A, Code 1995, is amended 19 to read as follows: 20 910A.7A NOTIFICATION BY DEPARTMENT OF JUSTICE. 21 The department of justice shall notify a registered 22 victim ofall dispositional orders of a case currently23on appealthe filing of an appeal, the expected date 24 of decision on the appeal as the information becomes 25 available to the department, all dispositional orders 26 in the appeal, and the outcome of the appeal of a case 27 in which the victim was involved."" 28 6. By renumbering, relettering, or redesignating 29 and correcting internal references as necessary. Harrison of Scott moved the adoption of amendment H-5839A, to the Senate amendment H-5649. A non-record roll call was requested. The ayes were 54, nays 6. Amendment H-4839A was adopted. On motion by Harrison of Scott, amendment H-5839B, to the Senate amendment H-5649, was adopted. On motion by Harrison of Scott, the House concurred in the Senate amendment H-5649, as amended. Harrison of Scott moved that the bill, as amended by the Senate, further amended and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2456) The ayes were, 100: 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 McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus 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, none. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Unfinished Business Calendar The House resumed consideration of Senate File 2324, a bill for an act relating to public assistance and certain associated state tax provisions involving the family investment program, family development and self-sufficiency council, individual development accounts, and fraudulent practices involving the food stamp program, making penalties applicable, and providing applicability provisions and effective dates, previously deferred and placed on the unfinished business calendar. Boddicker of Cedar offered amendment H-5675 filed by him as follows: H-5675 1 Amend Senate File 2324, as passed by the Senate, as 2 follows: 3 1. Page 10, by inserting after line 14 the 4 following: 5 "DIVISION V -- Child Support 6 Sec. ___. Section 598.21, subsection 4, paragraph 7 e, subparagraph (2), unnumbered paragraph 2, Code 8 Supplement 1995, is amended to read as follows: 9 Failure to provide proof of compliance under this 10 subparagraph or proof of compliance under section 11 598.21A is grounds for modification of the support 12 order using the uniform child support guidelines and 13 imputing an income to the parent equal to a forty-hour 14 work week at the state minimum wage, unless the 15 parent's education, experience, or actual earnings 16 justify a higher income. 17 Sec. ___. NEW SECTION. 598.21A MINOR PARENT -- 18 PARENTING CLASSES. 19 In any order or judgment entered under chapter 234, 20 252A, 252C, 252F, 598, or 600B or under any other 21 chapter which provides for temporary or permanent 22 support payments, if the parent ordered to pay support 23 is less than eighteen years of age, one of the 24 following shall apply: 25 1. If the child support recovery unit is providing 26 services pursuant to chapter 252B, the court, or the 27 administrator as defined in section 252C.1, shall 28 order the parent ordered to pay support to attend 29 parenting classes which are approved by the department 30 of human services. 31 2. If the child support recovery unit is not 32 providing services pursuant to chapter 252B, the court 33 may order the parent ordered to pay support to attend 34 parenting classes which are approved by the court." 35 2. Title page, line 4, by striking the word 36 "and". 37 3. Title page, line 5, by inserting after the 38 word "program," the following: "and child support 39 obligations of minors,". 40 4. By renumbering as necessary. Boddicker of Cedar offered the following amendment H-5755, to amendment H-5675, filed by him and moved its adoption: H-5755 1 Amend the amendment, H-5675, to Senate File 2324, 2 as passed by the Senate, as follows: 3 1. Page 1, by inserting after line 34 the 4 following: 5 "Sec. ___. EFFECTIVE DATE. This division of this 6 Act takes effect July 1, 1997." Amendment H-5755 was adopted. On motion by Boddicker of Cedar, amendment H-5675, as amended, was adopted. Boddicker of Cedar offered the following amendment H-5837 filed by him and moved its adoption: H-5837 1 Amend Senate File 2324, as passed by the Senate, as 2 follows: 3 1. Page 10, by inserting after line 14 the 4 following: 5 "Division ___ -- Family Investment Program -- 6 Immunization 7 Sec. ___. NEW SECTION. 239.10 IMMUNIZATION. 8 1. To the extent feasible, the department shall 9 determine the immunization status of children 10 receiving assistance under this chapter. The status 11 shall be determined in accordance with the 12 immunization recommendations adopted by the Iowa 13 department of public health under section 139.9, 14 including the exemption provisions in section 139.9, 15 subsection 4. If the department determines a child is 16 not in compliance with the immunization 17 recommendations, the department shall refer the 18 child's parent or guardian to a local public health 19 agency for immunization services for the child and 20 other members of the child's family. 21 2. The department of human services shall 22 cooperate with the Iowa department of public health to 23 establish an interagency agreement allowing the 24 sharing of pertinent client data, as permitted under 25 federal law and regulation, for the purposes of 26 determining immunization rates of recipients of 27 assistance, evaluating family investment program 28 efforts to encourage immunizations, and developing 29 strategies to further encourage immunization of 30 recipients of assistance." 31 2. By renumbering as necessary. Amendment H-5837 was adopted. Boddicker of Cedar moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2324) The ayes were, 100: 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 McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus 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, none. The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. The House resumed consideration of House File 2434, a bill for an act relating to satellite terminals and establishing certain requirements for such terminals of a financial institution with a principal place of business in another state, previously deferrred and placed on the unfinished business calendar. Fallon of Polk offered amendment H-5224 filed by him as follows: H-5224 1 Amend House File 2434 as follows: 2 1. Page 1, line 16, by inserting after the word 3 "device." the following: "However, a financial 4 institution shall not own, operate or maintain a 5 satellite terminal to dispense cash or credit for 6 gambling purposes which is located on property 7 controlled by a pari-mutuel racetrack licensee or an 8 excursion gambling boat licensee." Metcalf of Polk rose on a point of order that amendment H-5224 was not germane. The Speaker ruled the point well taken and amendment H-5224 not germane. SENATE FILE 2353 SUBSTITUTED FOR HOUSE FILE 2434 Sukup of Franklin asked and received unanimous consent to substitute Senate File 2353 for House File 2434. Senate File 2353, a bill for an act relating to satellite terminals and establishing certain requirements for such terminals of a financial institution with a principal place of business in another state, 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. 2434) The ayes were, 100: 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 McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus 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, none. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 2434 WITHDRAWN Sukup of Franklin asked and received unanimous consent to withdraw House File 2434 from further consideration by the House. The House resumed consideration of Senate File 2430, a bill for an act requiring the juvenile court to provide certain information to a victim of a delinquent act committed by a juvenile, previously deferred and placed on the unfinished business calendar. 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?" (S.F. 2430) The ayes were, 100: 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 McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus 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, none. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. The House resumed consideration of Senate File 2420, a bill for an act relating to juvenile justice, including dispositional alternatives for juveniles adjudicated delinquent, registering with the sex offender registry, and associate juvenile judge jurisdiction, previously deferred and placed on the unfinished business calendar. Kreiman of Davis offered the following amendment H-5549 filed by the committee on judiciary and moved its adoption: H-5549 1 Amend Senate File 2420, as passed by the Senate, as 2 follows: 3 1. Page 1, by striking line 22, through page 2, 4 line 5, and inserting the following: 5 "Sec. ___. Section 232.52, subsection 2, paragraph 6 d, Code Supplement 1995, is amended by adding the 7 following new subparagraph: 8 NEW SUBPARAGRAPH. (4) The chief juvenile court 9 officer or the officer's designee for placement in a 10 program under section 232.191, subsection 4. The 11 chief juvenile court officer or the officer's designee 12 may place a child in group foster care for failure to 13 comply with the terms and conditions of the supervised 14 community treatment program for up to seventy-two 15 hours without notice to the court or for more than 16 seventy-two hours if the court is notified of the 17 placement within seventy-two hours of placement, 18 subject to a hearing before the court on the placement 19 within ten days." 20 2. Page 2, line 18, by inserting after the word 21 "violation" the following: "by an adult". 22 3. Page 3, line 22, by inserting before the word 23 "a" the following: ", if the person is an adult, a 24 violation of". 25 4. By renumbering, relettering, or redesignating 26 and correcting internal references as necessary. The committee amendment H-5549 was adopted. Lamberti of Polk offered the following amendment H-5740 filed by Lamberti, et. al., and moved its adoption: H-5740 1 Amend Senate File 2420, as passed by the Senate, as 2 follows: 3 1. Page 6, by inserting after line 7 the 4 following: 5 "Sec. ___. Section 723A.1, subsection 1, Code 6 Supplement 1995, is amended by adding the following 7 new paragraph: 8 NEW PARAGRAPH. h. Brandishing a dangerous weapon. 9 For purposes of this paragraph: 10 (1) "Brandishing a dangerous weapon" means the 11 display or exhibition of a dangerous weapon, with the 12 intent to intimidate or threaten another person, or 13 the actual use of the dangerous weapon in a manner 14 which is intended to or does cause serious injury or 15 death. 16 (2) "Dangerous weapon" means either of the 17 following: 18 (a) An instrument or device designed primarily for 19 use in inflicting death or injury upon a human being 20 or animal, and that is capable of inflicting death 21 upon a human being when used in the manner for which 22 it was designed. 23 (b) An instrument or device of any sort whatsoever 24 that is actually used in a manner that indicates the 25 defendant intends to inflict death or serious injury 26 upon another person, and that, when so used, is 27 capable of inflicting death or serious injury upon a 28 human being." 29 2. Title page, line 1, by inserting after the 30 word "including" the following: "the use of deadly 31 force by criminal street gangs,". 32 3. By renumbering as necessary. Amendment H-5740 was adopted. Kreiman of Davis 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. 2420) The ayes were, 99: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brammer Brand Branstad Brauns 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 McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus 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, 1: Brunkhorst The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House File 2456; Senate Files 2324, 2353, 2420 and 2430. Ways and Means Calendar House File 2481, a bill for an act relating to eligibility criteria and benefits, including tax benefits to businesses under the new jobs and income program and establishing a penalty, was taken up for consideration. Shoultz of Black Hawk offered the following amendment H-5698 filed by him and moved its adoption: H-5698 1 Amend House File 2481 as follows: 2 1. Page 2, line 9, by inserting after the words 3 "supporting business" the following: "only if the 4 contractor or subcontractor pays at least the 5 prevailing wages required for federal contracts for 6 similar work". Roll call was requested by Shoultz of Black Hawk and Bernau of Story. On the question "Shall amendment H-5698 be adopted?" (H.F. 2481) The ayes were, 39: Baker Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Coon Doderer Drees Fallon Garman Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy 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 Corbett, Spkr. Cormack Daggett Dinkla Disney Drake Eddie Ertl Gipp Greig 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 Absent or not voting, none. Amendment H-5698 lost. Warnstadt of Woodbury asked and received unanimous consent to withdraw amendment H-5624, filed by him on March 26, 1996. Shoultz of Black Hawk offered the following amendment H-5699 filed by him and moved its adoption: H-5699 1 Amend House File 2481 as follows: 2 1. Page 3, line 23, by inserting after the word 3 "year." the following: "However, an eligible business 4 which enters into an agreement under this part on or 5 after the effective date of this Act shall not claim 6 the credit under this section for more than ten 7 years." A non-record roll call was requested. The ayes were 29, nays 50. Amendment H-5699 lost. Drake of Pottawattamie 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. 2481) The ayes were, 77: Arnold Bell Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Coon Corbett, Spkr. Cormack Daggett Dinkla Disney Doderer Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Lord Main Martin Mascher McCoy Metcalf Meyer Millage Mundie Myers Nelson, B. Nelson, L. Nutt O'Brien Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, 21: Baker Bernau Brammer Connors Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin May Mertz Moreland Murphy Ollie Osterhaus Schrader Shoultz Taylor Absent or not voting, 2: Hanson Larson The bill having recieved a constitutionalmajority 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 2481 be immediately messaged to the Senate. SENATE AMENDMENTS CONSIDERED Lamberti of Polk called up for consideration House File 2331, a bill for an act expanding the factors that a court and the state department of transportation may consider in ordering the issuance of a temporary restricted license, and providing an effective date, amended by the Senate, and moved that the House concur in the following Senate amendment H-5720: H-5720 1 Amend House File 2331 as passed by the House as 2 follows: 3 1. Page 1, lines 24 through 26, by striking the 4 words "employment, including consideration of child 5 care necessary to maintain the employment;" and 6 inserting the following: "employment; necessary child 7 care;". 8 2. Page 2, lines 14 through 16, by striking the 9 words "Notwithstanding any limitations imposed on the 10 department by this chapter or chapter 321, the 11 department shall issue the license." 12 3. Page 3, lines 4 through 6, by striking the 13 words "employment, including consideration of child 14 care necessary to maintain the employment;" and 15 inserting the following "employment,; necessary child 16 care;". The motion prevailed and the House concurred in the Senate amendment H-5720. Lamberti of Polk moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2331) The ayes were,100: 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 Griener 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 McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus 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, none. The bill having recieved a constitutional majority was declared to have passed the House and the title was agreed to. Brunkhorst of Bremer called up for consideration 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, amended by the Senate, and moved that the House concur in the following Senate amendment H-5569: H-5569 1 Amend House File 2315, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, line 12, by striking the words 4 "calendar year" and inserting the following: "month". 5 2. Page 1, line 21, by striking the words 6 "calendar year" and inserting the following: "month". The motion prevailed and the House concurred in the Senate amendment H-5569. Brunkhorst of Bremer moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2315) The ayes were, 90: Arnold Bell Bernau Blodgett Boddicker Boggess Bradley Brammer Brand Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Dinkla Disney Doderer Drake Drees Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harper Harrison Heaton Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kremer Lamberti Larkin Larson Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Taylor Teig Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Wise Witt Van Maanen Presiding The nays were, 8: Branstad Daggett Fallon Holveck Kreiman Lord Main Thomson Absent or not voting, 2: Baker Welter Thebill having recieved a constitutional majority was declared to have passed the House and the title was agreed to. Unfinished Business Calendar The House resumed consideration of Senate File 2269, a bill for an act enhancing the penalties for a third or subsequent offense of domestic abuse assault, previously deferred and placed on the unfinished business calendar. Kreiman of Davis offered the following amendment H-5738 filed by him and Greiner and moved its adoption: H-5738 1 Amend Senate File 2269, as passed by the Senate, as 2 follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. Section 331.756, subsection 4, Code 6 Supplement 1995, is amended to read as follows: 7 4. Prosecute misdemeanors under chapter 236. The 8 county attorney shall prosecute other misdemeanors 9 when not otherwise engaged in the performance of other 10 official duties. 11 Sec. 2. Section 602.6306, subsection 2, Code 1995, 12 is amended to read as follows: 13 2. District associate judges also have 14 jurisdiction in civil actions for money judgment where 15 the amount in controversy does not exceed ten thousand 16 dollars, jurisdiction over involuntary commitment, 17 treatment, or hospitalization proceedings under 18 chapters 125 and 229, jurisdiction of indictable 19 misdemeanors, and felony violations of section 321J.2, 20 jurisdiction to enter a temporary or emergency order 21 of protection under chapter 236, and to make court 22 appointments and set hearings in criminal matters, 23 jurisdiction to enter orders in probate which do not 24 require notice and hearing and to set hearings in 25 actions under chapter 633, and the jurisdiction 26 provided in section 602.7101 when designated as a 27 judge of the juvenile court. While presiding in these 28 subject matters a district associate judge shall 29 employ district judges' practice and procedure." 30 2. Page 4, by inserting after line 15 the 31 following: 32 "Sec. ___. DOMESTIC ABUSE TREATMENT PILOT PROGRAM. 33 Notwithstanding section 708.2A, a court, located in a 34 county which has been designated by the supreme court 35 as a county establishing an alternative batterers' 36 treatment pilot program, shall sentence a person who 37 pleads guilty to or is convicted of domestic abuse 38 assault under section 708.2A to either a batterers' 39 treatment program under section 708.2B or the 40 alternative batterers' pilot program established in 41 the county. 42 The judicial district in which the county is 43 located shall report to the general assembly not later 44 than January 15 of each year regarding the alternative 45 batterers' pilot program. The judicial district shall 46 submit a final report not later than August 1, 1998, 47 regarding the pilot program. 48 This section is repealed effective June 30, 1998, 49 except that the date for submission of the final 50 report shall remain August 1, 1998." Page 2 1 3. Title page, line 2, by striking the word 2 "assault." and inserting the following: "assault, 3 requiring county attorneys to prosecute certain 4 domestic abuse misdemeanors, giving district associate 5 judges jurisdiction to enter orders of protection in 6 certain domestic abuse matters, and establishing a 7 pilot program for domestic abuse." 8 4. By renumbering as necessary. Amendment H-5738 lost. Greiner of Washington 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. 2269) The ayes were, 98: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brammer Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Cohoon Connors Coon Corbett, Spkr. Cormack Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Ertl 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 McCoy Mertz Metcalf Meyer Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus 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, 1: Millage Absent or not voting, 1: Churchill The bill having received a constitutional majority was declared to have passed the House and the title, as amended, 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, 2331 and Senate 2269. SENATE AMENDMENT CONSIDERED Hahn of Muscatine called up for consideration Senate File 2446, relatingto agricultureandnaturalresoures, by providing for appropriations, providing related statutory changes, and providing effective dates, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-5834 to the House amendment: H-5834 1 Amend the House amendment, S-5613, to Senate File 2 2446, as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. By striking page 1, line 5, through page 16, 5 line 38, and inserting the following: 6 ""DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 7 Section 1. GENERAL APPROPRIATION. There is 8 appropriated from the general fund of the state to the 9 department of agriculture and land stewardship for the 10 fiscal year beginning July 1, 1996, and ending June 11 30, 1997, the following amounts, or so much thereof as 12 is necessary, to be used for the purposes designated: 13 1. ADMINISTRATIVE DIVISION 14 a. For salaries, support, maintenance, the support 15 of the state 4-H foundation, support of the statistics 16 bureau, and miscellaneous purposes, and for the 17 salaries and support of not more than the following 18 full-time equivalent positions: 19 $ 1,636,111 20 FTEs 42.45 21 (1) Of the funds appropriated in this paragraph 22 "a", $322,406 and 7.00 FTEs shall be used to support 23 horticulture. The president of the state horticulture 24 society or the president's designee and the department 25 shall consult and mutually agree on all expenditures 26 of moneys in this subparagraph and on the filling of 27 full-time equivalent positions, as allocated in this 28 subparagraph. 29 (2) Of the amount appropriated in this paragraph 30 "a", $50,000 shall be allocated to the state 4-H 31 foundation to foster the development of Iowa's youth 32 and to encourage them to study the subject of 33 agriculture. 34 (3) Of the amount appropriated and full-time 35 equivalent positions authorized in this paragraph "a", 36 $130,519 and 4.00 FTEs shall be allocated to the 37 statistics bureau to provide county-by-county 38 information on land in farms, production by crop, 39 acres by crop, and county prices by crop. This 40 information shall be made available to the department 41 of revenue and finance for use in the productivity 42 formula for valuing and equalizing the values of 43 agricultural land. 44 (4) Of the amount appropriated in this paragraph 45 "a", not more than $5,000 shall be allocated to the 46 Iowa limousin cattle junior association in connection 47 with the 1996 national junior limousin cattle show. 48 (5) Of the amount appropriated in this paragraph 49 "a", $500 shall be allocated as state aid to support 50 the north Iowa poultry expo. Page 2 1 b. For the operations of the dairy trade practices 2 bureau: 3 $ 66,846 4 c. For the purpose of performing commercial feed 5 audits: 6 $ 64,698 7 d. For the purpose of performing fertilizer 8 audits: 9 $ 64,697 10 2. REGULATORY DIVISION 11 a. For salaries, support, maintenance, 12 miscellaneous purposes, and for not more than the 13 following full-time equivalent positions: 14 $ 3,848,960 15 FTEs 122.50 16 b. For the costs of inspection, sampling, 17 analysis, and other expenses necessary for the 18 administration of chapters 192, 194, and 195: 19 $ 651,220 20 3. LABORATORY DIVISION 21 a. For salaries, support, maintenance, and 22 miscellaneous purposes, including the administration 23 of the gypsy moth program, and for not more than the 24 following full-time equivalent positions: 25 $ 959,475 26 FTEs 85.10 27 (1) Of the amount appropriated in this paragraph 28 "a", $110,000 shall be used to administer a program 29 relating to the detection, surveillance, and 30 eradication of the gypsy moth. The department shall 31 allocate and use the appropriation made in this 32 paragraph before moneys other than those appropriated 33 in this paragraph are used to support the program. 34 (2) Of the amount appropriated and the number of 35 full-time equivalent positions authorized in this 36 paragraph "a", $49,850 and 1.00 FTE shall be used to 37 support a regional entomologist for purposes of 38 conducting laboratory inspection activities. 39 (3) Of the amount appropriated in this paragraph 40 "a", $82,000 shall be used for the acquisition of 41 laboratory equipment, including, but not limited to, a 42 fat analyzer and a nitrogen protein combustion 43 analyzer. 44 (4) Of the amount appropriated in this paragraph 45 "a", $25,000 shall be used for inspections of bottled 46 water sold commercially within the state. 47 (5) Of the number of full-time equivalent 48 positions authorized in this paragraph "a" and funded 49 in paragraph "c", 1.00 FTE shall be used to support an 50 organics program coordinator who shall assure Page 3 1 compliance of organic foods sold commercially within 2 the state with federal regulations relating to organic 3 foods. 4 b. For the operations of the commercial feed 5 programs: 6 $ 742,499 7 c. For the operations of the pesticide programs: 8 $ 1,291,781 9 Of the amount appropriated in this paragraph "c", 10 $200,000 shall be allocated to Iowa state university 11 for purposes of training commercial pesticide 12 applicators. 13 d. For the operations of the fertilizer programs: 14 $ 633,832 15 4. SOIL CONSERVATION DIVISION 16 a. For salaries, support, maintenance, assistance 17 to soil conservation districts, miscellaneous 18 purposes, and for not more than the following full- 19 time equivalent positions: 20 $ 6,045,591 21 FTEs 172.28 22 (1) Of the amount appropriated in this paragraph 23 "a", $330,000 shall be used to reimburse commissioners 24 of soil and water conservation districts for 25 administrative expenses. Moneys used for the payment 26 of meeting dues by counties shall be matched on a 27 dollar-for-dollar basis by the soil conservation 28 division. 29 (2) Of the amount appropriated in this paragraph 30 "a", $42,000 shall be used to support soil and water 31 conservation district development including the 32 training of soil and water conservation district 33 staff. 34 (3) Of the amount appropriated and the number of 35 full-time equivalent positions authorized in this 36 paragraph "a", $56,000 and 1.00 FTE shall be used to 37 support a position for oversight of financial 38 incentive programs. 39 b. To provide financial incentives for soil 40 conservation practices under chapter 161A: 41 $ 6,750,850 42 c. The following requirements apply to the moneys 43 appropriated in paragraph "b": 44 (1) Not more than 5 percent of the moneys 45 appropriated in paragraph "b" may be allocated for 46 cost sharing to abate complaints filed under section 47 161A.47. 48 (2) Of the moneys appropriated in paragraph "b", 5 49 percent shall be allocated for financial incentives to 50 establish practices to protect watersheds above Page 4 1 publicly owned lakes of the state from soil erosion 2 and sediment as provided in section 161A.73. 3 (3) Not more than 30 percent of a district's 4 allocation of moneys as financial incentives may be 5 provided for the purpose of establishing management 6 practices to control soil erosion on land that is row 7 cropped, including but not limited to no-till 8 planting, ridge-till planting, contouring, and contour 9 strip-cropping as provided in section 161A.73. 10 (4) The state soil conservation committee created 11 in section 161A.4 may allocate moneys to conduct 12 research and demonstration projects to promote 13 conservation tillage and nonpoint source pollution 14 control practices. 15 (5) The financial incentive payments may be used 16 in combination with department of natural resources 17 moneys. 18 d. The provisions of section 8.33 shall not apply 19 to the moneys appropriated in paragraph "b". 20 Unencumbered or unobligated moneys remaining on June 21 30, 2000, from moneys appropriated in paragraph "b" 22 for the fiscal year beginning July 1, 1996, shall 23 revert to the general fund on August 31, 2000. 24 Sec. 2. FARMERS' MARKET COUPON PROGRAM. There is 25 appropriated from the general fund of the state to the 26 department of agriculture and land stewardship for the 27 fiscal year beginning July 1, 1996, and ending June 28 30, 1997, the following amount, or so much thereof as 29 is necessary, to be used for the purposes designated: 30 For salaries, support, maintenance, and 31 miscellaneous purposes, to be used by the department 32 to continue and expand the farmers' market coupon 33 program by providing federal special supplemental food 34 program recipients with coupons redeemable at farmers' 35 markets, and for not more than the following full-time 36 equivalent positions: 37 $ 215,807 38 FTEs 1.00 39 Sec. 3. PSEUDORABIES ERADICATION PROGRAM. 40 1. There is appropriated from the general fund of 41 the state to the department of agriculture and land 42 stewardship for the fiscal year beginning July 1, 43 1996, and ending June 30, 1997, the following amount, 44 or so much thereof as is necessary, to be used for the 45 purpose designated: 46 For support of the pseudorabies eradication 47 program: 48 $ 900,300 49 2. Persons, including organizations interested in 50 swine production in this state and in the promotion of Page 5 1 Iowa pork products who contribute support to the 2 program, are encouraged to increase financial support 3 for purposes of ensuring the program's effective 4 continuation. 5 Sec. 4. HORSE AND DOG RACING. There is 6 appropriated from the moneys available under section 7 99D.13 to the regulatory division of the department of 8 agriculture and land stewardship for the fiscal year 9 beginning July 1, 1996, and ending June 30, 1997, the 10 following amount, or so much thereof as is necessary, 11 to be used for the purpose designated: 12 For salaries, support, maintenance, and 13 miscellaneous purposes for the administration of 14 section 99D.22: 15 $ 192,560 16 Sec. 5. INTERSTATE COMPACT ON AGRICULTURAL GRAIN 17 MARKETING. There is appropriated from the general 18 fund of the state to the interstate agricultural grain 19 marketing commission for the fiscal year beginning 20 July 1, 1996, and ending June 30, 1997, the following 21 amount, or so much thereof as is necessary, to be used 22 for the purpose designated: 23 For carrying out duties of the commission as 24 provided in Article IV of the interstate compact on 25 agricultural grain marketing as provided in chapter 26 183: 27 $ 80,000 28 DEPARTMENT OF NATURAL RESOURCES 29 Sec. 6. GENERAL APPROPRIATION. There is 30 appropriated from the general fund of the state to the 31 department of natural resources for the fiscal year 32 beginning July 1, 1996, and ending June 30, 1997, the 33 following amounts, or so much thereof as is necessary, 34 to be used for the purposes designated: 35 1. ADMINISTRATIVE AND SUPPORT SERVICES 36 For salaries, support, maintenance, miscellaneous 37 purposes, and for not more than the following full- 38 time equivalent positions: 39 $ 2,052,389 40 FTEs 119.25 41 2. PARKS AND PRESERVES DIVISION 42 For salaries, support, maintenance, miscellaneous 43 purposes, and for not more than the following full- 44 time equivalent positions: 45 $ 5,546,988 46 FTEs 195.73 47 3. FORESTS AND FORESTRY DIVISION 48 For salaries, support, maintenance, miscellaneous 49 purposes, and for not more than the following full- 50 time equivalent positions: Page 6 1 $ 1,494,908 2 FTEs 48.71 3 4. ENERGY AND GEOLOGICAL RESOURCES DIVISION 4 For salaries, support, maintenance, miscellaneous 5 purposes, and for not more than the following full- 6 time equivalent positions: 7 $ 1,681,228 8 FTEs 52.00 9 5. a. ENVIRONMENTAL PROTECTION DIVISION 10 (1) For salaries, support, maintenance, 11 miscellaneous purposes, and for not more than the 12 following full-time equivalent positions: 13 $ 1,917,509 14 FTEs 211.50 15 (2) Of the amount appropriated and the number of 16 full-time equivalent positions authorized in 17 subparagraph (1) at least $371,600 and 7.00 FTEs shall 18 be used to support the regulation of animal feeding 19 operations. 20 b. WATER QUALITY PROTECTION FUND 21 For allocation to the administrative account of the 22 water quality protection fund established pursuant to 23 section 455B.183A, to carry out the purpose of that 24 account: 25 $ 729,000 26 (1) Of the number of full-time equivalent 27 positions authorized in paragraph "a", 32.50 FTEs 28 shall be dedicated to carrying out the provisions of 29 chapter 455B relating to the administration, 30 regulation, and enforcement of the federal Safe 31 Drinking Water Act and to support the program to 32 assist water supply systems as provided in section 33 455B.183B. However, the limitation on full-time 34 equivalent positions provided in paragraph "a", shall 35 not limit the number of additional full-time 36 equivalent positions supported by moneys deposited in 37 the water quality protection fund as provided in 38 section 455B.183A, in order to carry out the 39 provisions of division III of chapter 455B relating to 40 the administration, regulation, and enforcement of the 41 federal Safe Drinking Water Act, and the 42 administration of the program to assist water supply 43 systems pursuant to section 455B.183B. 44 (2) In providing assistance to water supply 45 systems, the department shall provide priority to 46 water supply systems serving a population of seven 47 thousand or less. At least 2.00 FTEs shall be 48 allocated to provide assistance to systems serving a 49 population of seven thousand or less. 50 6. FISH AND WILDLIFE DIVISION Page 7 1 For not more than the following full-time 2 equivalent positions: 3 FTEs 342.18 4 7. WASTE MANAGEMENT ASSISTANCE DIVISION 5 For not more than the following full-time 6 equivalent positions: 7 FTEs 16.75 8 Sec. 7. STATE FISH AND GAME PROTECTION FUND -- 9 APPROPRIATION TO THE DIVISION OF FISH AND WILDLIFE. 10 1. There is appropriated from the state fish and 11 game protection fund to the division of fish and 12 wildlife of the department of natural resources for 13 the fiscal year beginning July 1, 1996, and ending 14 June 30, 1997, the following amount, or so much 15 thereof as is necessary, to be used for the purposes 16 designated: 17 For administrative support, and for salaries, 18 support, maintenance, equipment, and miscellaneous 19 purposes: 20 $ 21,365,891 21 2. The department shall not expend more moneys 22 from the fish and game protection fund than provided 23 in this section, unless the expenditure derives from 24 contributions made by a private entity, or a grant or 25 moneys received from the federal government, and is 26 approved by the natural resource commission. The 27 department of natural resources shall promptly notify 28 the legislative fiscal bureau and the chairpersons and 29 ranking members of the joint appropriations 30 subcommittee on agriculture and natural resources 31 concerning the commission's approval. 32 Sec. 8. MARINE FUEL TAX RECEIPTS -- BOATING 33 FACILITIES AND ACCESS. There is appropriated from the 34 marine fuel tax receipts deposited in the general fund 35 of the state to the department of natural resources 36 for the fiscal year beginning July 1, 1996, and ending 37 June 30, 1997, the following amount, or so much 38 thereof as is necessary, to be used for the purpose 39 designated: 40 For purposes of maintaining and developing boating 41 facilities and access to public waters by the parks 42 and preserves division: 43 $ 411,311 44 Sec. 9. SNOWMOBILE FEES -- TRANSFER FOR 45 ENFORCEMENT PURPOSES. There is transferred on July 1, 46 1996, from the fees deposited under section 321G.7 to 47 the fish and game protection fund and appropriated to 48 the department of natural resources for the fiscal 49 year beginning July 1, 1996, and ending June 30, 1997, 50 the following amount, or so much thereof as is Page 8 1 necessary, to be used for the purpose designated: 2 For the purpose of enforcing snowmobile laws as 3 part of the state snowmobile program administered by 4 the department of natural resources: 5 $ 100,000 6 Sec. 10. VESSEL FEES -- TRANSFER FOR ENFORCEMENT 7 PURPOSES. There is transferred on July 1, 1996, from 8 the fees deposited under section 462A.52 to the fish 9 and game protection fund and appropriated to the 10 department of natural resources for the fiscal year 11 beginning July 1, 1996, and ending June 30, 1997, the 12 following amount, or so much thereof as is necessary, 13 to be used for the purpose designated: 14 For the administration and enforcement of 15 navigation laws and water safety: 16 $ 1,325,000 17 Of the amount appropriated in this section, 18 $125,000 shall be used for purposes of controlling and 19 eradicating harmful exotic species and eurasian 20 milfoil. 21 Notwithstanding section 8.33, moneys transferred 22 pursuant to this section which are unencumbered or 23 unobligated on June 30, 1997, shall be transferred on 24 July 1, 1997, to the special conservation fund 25 established by section 462A.52 to be used as provided 26 in that section, and shall not revert as provided in 27 section 8.33. 28 RESOURCES ENHANCEMENT AND PROTECTION 29 Sec. 11. GENERAL APPROPRIATION. Notwithstanding 30 the amount of the standing appropriation from the 31 general fund of the state under section 455A.18, 32 subsection 3, there is appropriated from the general 33 fund of the state to the Iowa resources enhancement 34 and protection fund, in lieu of the appropriation made 35 in section 455A.18, for the fiscal year beginning July 36 1, 1996, and ending June 30, 1997, the sum of 37 $10,000,000, of which all moneys shall be allocated as 38 provided in section 455A.19. 39 RELATED APPROPRIATIONS 40 Sec. 12. APPROPRIATION FROM ORGANIC NUTRIENT 41 MANAGEMENT FUND. There is appropriated from the 42 organic nutrient management fund, as created in 43 section 161C.5, to the following entities in the 44 fiscal year beginning July 1, 1996, and ending June 45 30, 1997, the following amounts, or so much thereof as 46 is necessary, to be used for the purposes designated: 47 1. To Iowa state university for supporting odor 48 control applications of animal feeding operations, 49 including confinement feeding operations, regulated by 50 the department of natural resources pursuant to Page 9 1 chapter 455B: 2 $ 350,000 3 a. Moneys provided under this subsection for odor 4 control applications of animal feeding operations 5 shall be provided on a dollar-for-dollar match with an 6 individual owner or operator and shall not exceed the 7 amount actually spent by or on behalf of the owner or 8 operator for odor control. 9 b. Notwithstanding section 8.33, moneys provided 10 under this subsection for odor control applications of 11 animal feeding operations shall not revert to the 12 organic nutrient management fund but shall remain 13 available for use as provided in this subsection 14 during the fiscal year beginning July 1, 1997, and 15 ending June 30, 1998. The moneys appropriated in this 16 subsection which remain unexpended or unobligated on 17 June 30, 1998, shall revert to the organic nutrient 18 management fund on August 31, 1998. 19 2. To the department of natural resources for 20 establishment of a pilot project for the control of 21 odor originating from animal feeding operation 22 structures, including anaerobic lagoons and earthen 23 manure storage basins, by using emergent plant or 24 vegetative growth: 25 $ 25,000 26 On or before January 1, 1997, the department of 27 natural resources shall submit a report including 28 findings and recommendations resulting from the pilot 29 project to the committees of the general assembly 30 which have jurisdiction over agriculture and natural 31 resources. 32 3. To Iowa state university for supporting a 33 person connected with the United States department of 34 agriculture who engages in animal control, for 35 purposes of contributing to the control of animals, 36 and especially predators, which pose a threat to this 37 state's agriculture: 38 $ 50,000 39 4. To the department of agriculture and land 40 stewardship for the administration of a grant project 41 to support a cattle slaughtering and beef processing 42 facility in this state: 43 $ 150,000 44 Not later than September 1, 1996, the department 45 shall award $75,000 to an eligible person for purposes 46 of conducting a feasibility and planning study for the 47 construction of the cattle slaughtering and beef 48 processing facility. If another person is not 49 selected by January 1, 1997, the department shall 50 award the remaining $75,000 to the same person for Page 10 1 purposes of completing the study. A person receiving 2 an award must be an entity organized to do business 3 under the laws of this state and principally located 4 in this state. The business entity must make a 5 commitment to invest at least $25,000,000 for the 6 construction and operation of the proposed cattle 7 slaughtering and beef processing facility, if, based 8 on the study, the business entity constructs the 9 facility. The department, in cooperation with the 10 department of economic development, shall establish 11 criteria, select eligible business entities, and make 12 awards as directed by the agricultural products 13 advisory council established pursuant to section 14 15.203. 15 5. To the department of natural resources for 16 supporting the environmental education initiative 17 pursuant to section 258B.1, as enacted in this Act: 18 $ 150,000 19 Sec. 13. ATTORNEY GENERAL INVESTIGATORS -- ANIMAL 20 FEEDING OPERATIONS. There is appropriated from the 21 general fund of the state to the office of attorney 22 general for the fiscal year beginning July 1, 1996, 23 and ending June 30, 1997, the following amount, or so 24 much thereof as is necessary, to be used for the 25 purpose designated: 26 For the investigation of animal feeding operations 27 regulated under chapter 455B, including salaries, 28 support, maintenance, miscellaneous purposes, and for 29 not more than the following full-time equivalent 30 positions: 31 $ 109,000 32 FTEs 2.00 33 Persons employed as investigators under this 34 section shall investigate animal feeding operations, 35 including by inspecting animal feeding operations, and 36 especially confinement feeding operations and the 37 storage and disposal of manure from animal feeding 38 operations, to ensure compliance with state law, 39 including chapter 455B and rules adopted by the 40 department of natural resources. Each investigator 41 shall have an office in and investigate a region of 42 the state where there is a high concentration of 43 confinement feeding operations. An investigator may 44 inspect an animal feeding operation at any time during 45 normal working hours or at other times if exigent 46 circumstances exist, and may examine records required 47 to be maintained as part of a manure management plan 48 required pursuant to section 455B.203. In order to 49 access the animal feeding operation during normal 50 business hours, the investigator must comply with Page 11 1 standard disease control restrictions customarily 2 required by the operation. The investigator shall 3 comply with the requirements in section 455B.103 to 4 the same extent required by the director of the 5 department of natural resources conducting an 6 inspection or search of property. The attorney 7 general and the department of natural resources shall 8 cooperate in carrying out this section. Each four 9 months, the attorney general shall submit a report 10 regarding violations investigated and prosecuted by 11 the attorney general to the secretary of the senate 12 and to the chief clerk of the house of 13 representatives. 14 Sec. 14. MULTIFLORA ROSE ERADICATION. 15 1. There is appropriated from the general fund of 16 the state to Iowa state university for the fiscal year 17 beginning July 1, 1996, and ending June 30, 1997, the 18 following amount, or so much thereof as is necessary, 19 to be used for the purpose designated: 20 For supporting multiflora rose eradication research 21 and projects: 22 $ 25,000 23 2. Notwithstanding 1995 Iowa Acts, chapter 216, 24 section 19, subsection 2, moneys allocated pursuant to 25 1995 Iowa Acts, chapter 216, section 19, subsection 1, 26 paragraph "d", which remain unencumbered or 27 unobligated on June 30, 1996, shall not revert 28 pursuant to section 8.33, but shall remain available 29 to Iowa state university for purposes of supporting 30 multiflora rose eradication research and projects, for 31 subsequent fiscal years. 32 Sec. 15. NONREVERSION OF MONEYS ALLOCATED TO IOWA 33 GRAIN QUALITY INITIATIVE. Notwithstanding 1995 Iowa 34 Acts, chapter 216, section 19, subsection 2, moneys 35 allocated pursuant to 1995 Iowa Acts, chapter 216, 36 section 19, subsection 1, paragraph "f", subparagraph 37 (1), which remain unencumbered or unobligated on June 38 30, 1996, shall not revert pursuant to section 8.33, 39 but shall remain available to Iowa state university 40 for purposes of supporting the Iowa cooperative 41 extension service in agriculture and home economics in 42 establishing and administering an Iowa grain quality 43 initiative in subsequent fiscal years. 44 Sec. 16. TRANSFERS OF MONEYS REQUIRED TO BE 45 DEPOSITED IN THE WATER PROTECTION FUND. 46 Notwithstanding section 161C.4 and the reversion and 47 allocation provisions in section 455A.19, subsection 48 1, paragraph "c", of the unencumbered and unobligated 49 moneys remaining, which are required to be deposited 50 in the water protection fund created in section Page 12 1 161C.4, as provided in section 455A.19, subsection 1, 2 paragraph "c", the following amount shall be 3 transferred first from moneys required to be deposited 4 in the water protection practices account, and if 5 necessary from moneys required to be deposited in the 6 water quality protection projects account, which shall 7 be used for the following purposes: 8 To the Loess Hills development and conservation 9 authority, for deposit in the Loess Hills development 10 and conservation fund created in section 161D.2 for 11 the purposes specified in section 161D.1: 12 $ 400,000 13 Sec. 17. REVENUE ADMINISTERED BY THE IOWA 14 COMPREHENSIVE UNDERGROUND STORAGE TANK FUND BOARD -- 15 TRANSFER. There is appropriated from the unassigned 16 revenue fund administered by the Iowa comprehensive 17 underground storage tank fund board, to the department 18 of natural resources for the fiscal year beginning 19 July 1, 1996, and ending June 30, 1997, the following 20 amount, or so much thereof as is necessary, to be used 21 for the purpose designated: 22 For administration expenses of the underground 23 storage tank section of the department of natural 24 resources: 25 $ 75,000 26 Sec. 18. TRANSFER -- AIR QUALITY. For the fiscal 27 year beginning July 1, 1996, and ending June 30, 1997, 28 the department of natural resources may transfer up to 29 $430,000 from the hazardous substance remedial fund 30 created pursuant to section 455B.423, to support 31 purposes related to carrying out the duties of the 32 commission under section 455B.133, or the director 33 under section 455B.134, or for carrying out the 34 provisions of chapter 455B, division II. 35 MISCELLANEOUS 36 Sec. 19. STUDY OF LOCATING FIELD OFFICE IN NORTH 37 CENTRAL DISTRICT. The department of natural resources 38 shall conduct a study of the feasibility of locating a 39 field office in the department's north central 40 district. On or before January 1, 1997, the 41 department of natural resources shall submit a report 42 including findings and recommendations resulting from 43 the study to the committees of the general assembly 44 which have jurisdiction over natural resources. 45 Sec. 20. IOWA AGRICULTURE 2000 CONFERENCE. There 46 is appropriated from the general fund of the state to 47 Iowa state university for the fiscal year beginning 48 July 1, 1996, and ending June 30, 1997, the following 49 amount, or so much thereof as is necessary, to be used 50 for the purpose designated: Page 13 1 To support Iowa state university, in cooperation 2 with the farm section of the attorney general's 3 office, in sponsoring an Iowa agriculture 2000 4 conference, with assistance provided by the department 5 of agriculture and land stewardship and Iowa commodity 6 organizations, for independent agricultural producers 7 and other persons interested in the future of Iowa 8 agriculture: 9 $ 80,000 10 Moneys appropriated by this section shall be used 11 to defray expenses incurred by Iowa state university 12 and the farm section of the attorney general's office 13 in planning and sponsoring the conference. 14 Sec. 21. STATE NURSERIES. Notwithstanding section 15 17A.2, subsection 10, paragraph "g", the department of 16 natural resources shall adopt administrative rules 17 establishing a range of prices of plant material grown 18 at the state forest nurseries to cover all expenses 19 related to the growing of the plants. 20 1. The department shall develop programs to 21 encourage the wise management and preservation of 22 existing woodlands and shall continue its efforts to 23 encourage forestation and reforestation on private and 24 public lands in the state. 25 2. The department shall encourage a cooperative 26 relationship between the state forest nurseries and 27 private nurseries in the state in order to achieve 28 these goals. 29 Sec. 22. TRANSFER OF MONEYS OR POSITIONS; CHANGES 30 IN TABLES OF ORGANIZATION -- NOTIFICATION. In 31 addition to the requirements of section 8.39, in each 32 fiscal quarter, the department of agriculture and land 33 stewardship and the department of natural resources 34 shall notify the chairpersons, vice chairpersons, and 35 ranking members of the joint appropriations 36 subcommittee on agriculture and natural resources for 37 the previous fiscal quarter of any transfer of moneys 38 or full-time equivalent positions made by either 39 department which is not authorized in this Act, or any 40 permanent position added to or deleted from either 41 department's table of organization. 42 Sec. 23. AIR QUALITY PROGRAM -- NONGENERAL FUND 43 SUPPORT. The department of natural resources for the 44 fiscal year beginning July 1, 1996, and ending June 45 30, 1997, shall not use moneys appropriated from the 46 general fund of the state pursuant to this Act, to 47 support any purpose related to carrying out the duties 48 of the commission under section 455B.133 or the 49 director under section 455B.134, or for carrying out 50 the provisions of chapter 455B, division II. Page 14 1 Notwithstanding section 455B.133B, the department 2 may use moneys deposited in the air contaminant source 3 fund created in section 455B.133B during the fiscal 4 year beginning July 1, 1996, and ending June 30, 1997, 5 for any purpose related to carrying out the duties of 6 the commission under section 455B.133 or the director 7 under section 455B.134, or for carrying out the 8 provisions of chapter 455B, division II. 9 Sec. 24. RULES RELATING TO PESTICIDE AND 10 FERTILIZER CONTAMINATED SITES -- ENVIRONMENTAL 11 PROTECTION COMMISSION. The environmental protection 12 commission shall adopt all rules required to establish 13 criteria for the classification and prioritization of 14 sites upon which pesticide or fertilizer contamination 15 has been discovered, as provided in section 455B.601 16 not later than October 1, 1996. 17 Sec. 25. NATIVE AMERICAN WAR MEMORIAL. The 18 department of natural resources may purchase, with 19 funds which become available under chapter 465A for 20 the fiscal year beginning July 1, 1996, and ending 21 June 30, 1997, lands on which to locate a native 22 American war memorial. 23 STATUTORY CHANGES 24 Sec. 26. NEW SECTION. 2.55A DEPARTMENTAL 25 INFORMATION REQUIRED. 26 1. The department of agriculture and land 27 stewardship and the department of natural resources, 28 in cooperation as necessary with the department of 29 management and the department of personnel, shall 30 provide a list to the legislative fiscal bureau, on a 31 quarterly basis, of all permanent positions added to 32 or deleted from the departments' table of organization 33 in the previous fiscal quarter. This list shall 34 include at least the position number, salary range, 35 projected funding source or sources of each position, 36 and the reason for the addition or deletion. The 37 legislative fiscal bureau may use this information to 38 assist in the establishment of the full-time 39 equivalent position limits authorized in law for the 40 departments. 41 2. The department of natural resources shall 42 provide the legislative fiscal bureau information and 43 financial data by cost center, on at least a monthly 44 basis, relating to the indirect cost accounting 45 procedure, the amount of funding from each funding 46 source for each cost center, and the internal budget 47 system used by the department. The information shall 48 include but is not limited to financial data covering 49 the department's budget by cost center and funding 50 source prior to the start of the fiscal year, and to Page 15 1 the department's actual expenditures by cost center 2 and funding source after the accounting system has 3 been closed for that fiscal year. 4 3. The department of agriculture and land 5 stewardship shall provide the legislative fiscal 6 bureau information and financial data on at least a 7 monthly basis, relating to the internal budget system 8 used by the department. The information shall include 9 but is not limited to financial data covering the 10 department's budget prior to the start of the fiscal 11 year, and to the department's actual expenditures 12 after the accounting system has been closed for that 13 fiscal year. 14 Sec. 27. NEW SECTION. 8.60A TRUST FUND 15 INFORMATION. 16 The department of revenue and finance in 17 cooperation with each appropriate agency shall track 18 receipts to the general fund of the state which under 19 law were previously collected to be used for specific 20 purposes, or to be credited to, or be deposited to a 21 particular account or fund, as provided in section 22 8.60. 23 The department of revenue and finance and each 24 appropriate agency shall prepare reports detailing 25 revenue from receipts previously deposited into each 26 of the funds. A report shall be submitted to the 27 legislative fiscal bureau at least once for each 28 three-month period as designated by the legislative 29 fiscal bureau. 30 Sec. 28. Section 166D.10, Code 1995, is amended by 31 adding the following new subsection: 32 NEW SUBSECTION. 4. In addition to other 33 applicable requirements of this section, feeder swine 34 shall not be moved into this state from another state 35 except to slaughter, unless the feeder swine are 36 vaccinated by a differentiable vaccine within ninety 37 days of arrival in this state. 38 Sec. 29. NEW SECTION. 258B.1 RESIDENTIAL 39 ENVIRONMENTAL EDUCATION PROGRAMS -- APPROPRIATION. 40 1. A residential environmental education program 41 is created to recognize the critical role that both 42 direct experience with the outdoors and a several-day 43 residential experience away from home and the formal 44 school environment play in the formation of an 45 environmentally literate citizenry. 46 2. Phase I of the program shall provide 47 supplemental funding of thirty-five dollars per pupil 48 to school districts that choose to provide for the 49 attendance of the pupils in one grade level at a 50 certified residential environmental education center. Page 16 1 To receive this funding, school districts must provide 2 proof of attendance by their pupils at such a center 3 and participation by pupils in a certified program for 4 a minimum of three consecutive days for each pupil. 5 In addition, school districts shall submit evidence of 6 matching contributions of at least fifty percent of 7 the total program cost. Local school districts shall 8 choose the grade level and the time of year they feel 9 is most developmentally appropriate for this 10 residential experience. 11 3. Phase II of the program shall consist of all of 12 the following: 13 a. Development of certification criteria for 14 facilities, staff, and programs. 15 b. Census of existing facilities, staff, and 16 programs relative to the certification criteria. 17 c. Assessment of the needs of these facilities. 18 4. The program shall be administered cooperatively 19 by the department of education and the department of 20 natural resources. 21 Sec. 30. Section 455A.18, subsection 3, unnumbered 22 paragraph 1, Code 1995, is amended to read as follows: 23 For each fiscal year of the fiscal period beginning 24 July 1,19901997, and ending June 30,20012021, 25 there is appropriated from the general fund, to the 26 Iowa resources enhancement and protection fund, the 27 amount ofthirtytwenty million dollars,exceptthat28for the fiscal year beginning July 1, 1990, the amount29is twenty million dollars,to be used as provided in 30 this chapter. However, in any fiscal year of the 31 fiscal period, if moneys from the lottery are 32 appropriated by the state to the fund, the amount 33 appropriated under this subsection shall be reduced by 34 the amount appropriated from the lottery. 35 Sec. 31. NEW SECTION. 455A.21 PREFERENCE 36 PROVIDED -- PERSONS MEETING ELIGIBILITY REQUIREMENTS 37 OF THE GREEN THUMB PROGRAM. 38 In its employment of persons in temporary positions 39 in conservation and outdoor recreation, the department 40 of natural resources shall give preference to persons 41 meeting eligibility requirements for the green thumb 42 program under section 15.227 and to persons working 43 toward an advanced education in natural resources and 44 conservation. 45 Sec. 32. NEW SECTION. 456A.37 NONGAME WILDLIFE- 46 ORIENTED EDUCATION. 47 The department shall establish a nongame wildlife- 48 oriented education initiative. In administering the 49 initiative, the department shall do all of the 50 following: Page 17 1 1. Develop and support a comprehensive nongame 2 wildlife-oriented education program to be implemented 3 through the schools, county conservation boards, and 4 the department. 5 2. Enhance opportunities for personal contact 6 with, and the public's appreciation for, all types of 7 wildlife by developing facilities for public 8 appreciation of wildlife. 9 3. Protect, develop, and manage habitats to 10 enhance nongame populations on public and private 11 lands through habitat development and acquisition. 12 4. Develop and support nongame wildlife species 13 management, research, and surveys. 14 5. Adopt programs administered by the division of 15 fish and wildlife relating to wildlife diversity as 16 provided by rule adopted pursuant to chapter 17A. 17 Sec. 33. EFFECTIVE DATES. 18 1. Section 14, subsection 2, and section 15 of 19 this Act, being deemed of immediate importance, take 20 effect upon enactment. 21 2. Section 30 of this Act, amending section 22 455A.18, takes effect July 1, 1997."" The motion lost and the House refused to concur in the Senate amendment H-5834, to the House amendment. IMMEDIATE MESSAGE Hahn of Muscatine asked and received unanimous consent that Senate File 2446 be immediately messaged to the Senate. On motion by Siegrist of Pottawattamie, the House was recessed at 11:55 a.m., until 1:15 p.m. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 1, 1996, amended and passed the following bill in which the concurrence of the House is asked: House File 2144, a bill for an act relating to the payment by third parties of physician assistants and advanced registered nurse practitioners. Also: That the Senate has on April 3, 1996, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2287, a bill for an act relating to the limitations on the use of toxic materials in packaging and providing additional exemptions. Also: That the Senate has on April 3, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2296, a bill for an act relating to the abatement of corporate income taxes for increasing production jobs in the state and providing an applicability date provision. Also: That the Senate has on April 3, 1996, refused to concur in the House amendment to the following bill in which the concurrence of the Senate was asked: Senate File 2448, a bill for an act relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the governor's alliance on substance abuse, the Iowa department of public health, the department of human rights, and the commission of veterans affairs, and providing an immediate effective date. Also: That the Senate has on April 1, 1996, passed the following bill in which the concurrence of the House is asked: Senate File 2456, a bill for an act exempting from the county property tax limitation revenues deposited in the local emergency management fund and providing effective and applicability dates. JOHN F. DWYER, Secretary AFTERNOON SESSION The House reconvened at 1:19 p.m., Speaker pro tempore Van Maanen of Marion in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed seventy-four members present, twenty-six absent. SENATE MESSAGES CONSIDERED Senate File 2296, by committee on ways and means, a bill for an act relating to the abatement of corporate income taxes for increasing production jobs in the state and providing an applicability date provision. Read first time and referred to committee on ways and means. Senate File 2456, by committee on ways and means, a bill for an act exempting from the county property tax limitation revenues deposited in the local emergency management fund and providing effective and applicability dates. Read first time and referred to committee on ways and means. SENATE AMENDMENTS CONSIDERED Heaton of Henry called up for consideration House File 2350, a bill for an act relating to motor vehicle dimensional and weight requirements and certificates of title for commercial vehiclesand providing an effective date, amended by the Senate, and moved that the House concur in the following Senate amendment H-5758: H-5758 1 Amend House File 2350 as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, by striking lines 1 through 7. 4 2. Page 3, line 9, by inserting after the word 5 "department" the following: "or appropriate local 6 authority". 7 3. Page 3, by inserting after line 9 the 8 following: 9 "Sec. ___. Section 321E.1, unnumbered paragraph 1, 10 Code 1995, is amended to read as follows: 11 The department and local authorities may in their 12 discretion and upon application and with good cause 13 being shown issue permits for the movement of 14 construction machinery or asphalt repavers being 15 temporarily moved on streets, roads or highways and 16 for vehicles with indivisible loads which exceed the 17 maximum dimensions and weights specified in sections 18 321.452 to 321.466, but not to exceed the limitations 19 imposed in sections 321E.1 to 321E.15 except as 20 provided in sections 321E.29 and 321E.30. Vehicles 21 permitted to transport indivisible loads may exceed 22 the width and length limitations specified in sections 23 321.454 and 321.457 for the purpose of picking up an 24 indivisible load or returning from delivery of the 25 indivisible load. Permits issued may be single-trip 26permits, multi-trip, or annual permits. Permits shall 27 be in writing and shall be carried in the cab of the 28 vehicle for which the permit has been issued and shall 29 be available for inspection at all times. The vehicle 30 and load for which the permit has been issued shall be 31 open to inspection by a peace officer or an authorized 32 agent of a permit granting authority. When in the 33 judgment of the issuing authority in cities and 34 counties the movement of a vehicle with an indivisible 35 load or construction machinery which exceeds the 36 maximum dimensions and weights will be unduly 37 hazardous to public safety or will cause undue damage 38 to streets, avenues, boulevards, thoroughfares, 39 highways, curbs, sidewalks, trees, or other public or 40 private property, the permit shall be denied and the 41 reasons for denial endorsed on the application. 42 Permits shall designate the days when and routes upon 43 which loads and construction machinery may be moved 44 within a county on other than primary roads. 45 Sec. ___. Section 321E.2, Code 1995, is amended to 46 read as follows: 47 321E.2 PERMIT-ISSUING AUTHORITIES. 48 Annualpermits, multi-trip, and single-trip permits 49 shall be issued by the authority responsible for the 50 maintenance of the system of highways or streets. Page 2 1 However, the department may issue permits on primary 2 road extensions in cities in conjunction with 3 movements on the rural primary road system. The 4 department may issue an all-system permit under 5 section 321E.8 which is valid for movements on all 6 highways or streets under the jurisdiction of either 7 the state or those local authorities which have 8 indicated in writing to the department those streets 9 or highways for which an all-system permit is not 10 valid. 11 At the request of a local authority, the department 12 shall issue annual, multi-trip, and single-trip 13 permits that are under the jurisdiction of the local 14 authority." 15 4. Page 3, by striking lines 19 through 26. 16 5. Page 3, by inserting after line 28 the 17 following: 18 "Sec. ___. NEW SECTION. 321E.9A MULTI-TRIP 19 PERMITS. 20 Subject to the discretion and judgment provided for 21 in section 321E.1, a multi-trip permit shall be issued 22 for operation of vehicles, in accordance with the 23 following: 24 1. Vehicles with indivisible loads having an 25 overall length not to exceed one hundred feet, an 26 overall width not to exceed eleven feet, and an 27 overall height not to exceed fourteen feet, four 28 inches, may be moved, provided the gross weight on any 29 one axle shall not exceed the maximum prescribed in 30 section 321.463. 31 2. Vehicles or combinations of vehicles consisting 32 of construction machinery not exceeding the height, 33 length, and width limitations of this section being 34 temporarily moved on highways with a maximum total 35 gross weight limitation and a single axle weight 36 limitation in accordance with section 321E.7, may be 37 moved. 38 3. The department shall adopt rules pursuant to 39 chapter 17A governing the issuance of permits under 40 this section. 41 Sec. ___. Section 321E.14, unnumbered paragraph 1, 42 Code 1995, is amended to read as follows: 43 The department or local authorities issuingthe44 permits shall charge a fee of twenty-five dollars for 45 an annual permit, one hundred dollars for a multi-trip 46 permit, and a fee of ten dollars for a single-trip 47 permit and shall determine charges for special permits 48 issued pursuant to section 321E.29 by rules adopted 49 pursuant to chapter 17A. Fees for the movement of 50 buildings, parts of buildings, or unusual vehicles or Page 3 1 loads may be increased to cover the costs of 2 inspections by the issuing authority. A fee not to 3 exceed two hundred fifty dollars per day or a prorated 4 fraction of that fee per person and car for escort 5 service may be charged when requested or when required 6 under this chapter. Proration of escort fees between 7 state and local authorities when more than one 8 governmental authority provides or is required to 9 provide escort for a movement during the period of a 10 day shall be determined by rule under section 321E.15. 11 The department and local authorities may charge a 12 permit applicant for the cost of trimming trees and 13 removal and replacement of natural obstructions or 14 official signs and signals or other public or private 15 property required to be removed during the movement of 16 a vehicle and load. In addition to the fees provided 17 in this section, the annual fee for a permit for 18 special mobile equipment, as defined in section 321.1, 19 subsection 75, operated pursuant to section 321E.7, 20 subsection 2, with a combined gross weight up to and 21 including eighty thousand pounds shall be twenty-five 22 dollars and for a combined gross weight exceeding 23 eighty thousand pounds, fifty dollars. 24 Sec. ___. Section 321E.28, unnumbered paragraph 1, 25 Code 1995, is amended to read as follows: 26 The department and local authorities may, upon 27 application and with good cause shown, issue single- 28 trip, multi-trip, or annual permits for the movement 29 of mobile homes or factory-built structures of widths 30 including appurtenances exceeding twelve feet five 31 inches subject to the following conditions: 32 6. Page 3, by inserting after line 28 the 33 following: 34 "Sec. ___. EFFECTIVE DATE. Section 5 of this Act, 35 being deemed of immediate importance, takes effect 36 upon enactment." 37 7. Title page, line 3, by inserting after the 38 word "vehicles" the following: "and providing an 39 effective date". 40 8. By renumbering, relettering, or redesignating 41 and correcting internal references as necessary. The House concurred in the Senate amendment H-5758. Heaton of Henry moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2350) The ayes were, 98: 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 Fallon Garman Gipp Greig Greiner Gries Grubbs 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 McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus 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, 2: Ertl Grundberg The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Eddie of Buena Vista called up for consideration House File 514, a bill for an act relating to Iowa motor vehicle registration plates, by providing for special United States armed forces retired plates, special plates for education and an Iowa education transportation enhancement fund, and special silver and bronze star plates, providing for special registration plates with distinguishing processed emblems, providing for required plate specifications, making penalties applicable, and providing an effective date, amended by the Senate, and moved that the House concur in the following Senate amendment H-5677: H-5677 1 Amend House File 514, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, by striking line 1 through line 30 and 4 inserting the following: 5 "Sec. ___. Section 257.31, Code 1995, is amended 6 by adding the following new subsection: 7 NEW SUBSECTION. 17. a. If a district's average 8 transportation costs per pupil exceed the state 9 average transportation costs per pupil determined 10 under paragraph "c" by one hundred fifty percent, the 11 committee may grant transportation assistance aid to 12 the district. Such aid shall be miscellaneous income 13 and shall not be included in district cost. 14 b. To be eligible for transportation assistance 15 aid, a school district shall annually certify its 16 actual cost for all children transported in all school 17 buses not later than July 31 after each school year on 18 forms prescribed by the committee. 19 c. A district's average transportation costs per 20 pupil shall be determined by dividing the district's 21 actual cost for all children transported in all school 22 buses for a school year pursuant to section 285.1, 23 subsection 12, less the amount received for 24 transporting nonpublic school pupils under section 25 285.1, by the district's actual enrollment for the 26 school year excluding the shared-time enrollment for 27 the school year as defined in section 257.6. The 28 state average transportation costs per pupil shall be 29 determined by dividing the total actual costs for all 30 children transported in all districts for a school 31 year, by the total of all districts' actual 32 enrollments for the school year. 33 d. Funds transferred to the committee in 34 accordance with section 321.34, subsection 18, are 35 appropriated to and may be expended for the purposes 36 of the committee, as described in this section. 37 However, highest priority shall be given to districts 38 that meet the conditions described in this subsection. 39 Notwithstanding any other provision of the Code, 40 unencumbered or unobligated funds transferred to the 41 committee pursuant to section 321.34, subsection 18, 42 remaining on June 30 of the fiscal year for which the 43 funds were transferred, shall not revert but shall be 44 available for expenditure for the purposes of this 45 subsection in subsequent fiscal years." 46 2. Page 1, by inserting before line 31 the 47 following: 48 "Sec. ___. NEW SECTION. 303.9A IOWA HERITAGE 49 FUND. 50 1. An Iowa heritage fund is created in the state Page 2 1 treasury to be administered by the state historical 2 society board of trustees. The fund shall consist of 3 all moneys allocated to the fund by the treasurer of 4 state. 5 2. Moneys in the fund shall be used in accordance 6 with the following: 7 a. Sixty-five percent shall be retained by the 8 state historical society and used to maintain and 9 expand Iowa's history curriculum, to provide teacher 10 training in Iowa history, and to support museum 11 exhibits, historic sites, and adult education 12 programs. 13 b. Five percent shall be retained by the state 14 historical society to be used for start-up costs for 15 the one hundred seventy-fifth and two hundredth 16 anniversaries of Iowa statehood. 17 c. Five percent shall be retained by the state 18 historical society to be used for the promotion of the 19 sale of the Iowa heritage registration plate issued 20 under section 321.34." 21 3. By striking page 1, line 31 through page 2, 22 line 7. 23 4. Page 2, line 8, by inserting after the word 24 "Code" the following: "Supplement". 25 5. Page 2, by striking lines 31 through 35 and 26 inserting the following: "plate." 27 6. By striking page 3, line 9 through page 4, 28 line 6. 29 7. Page 4, line 7, by inserting after the word 30 "Code" the following: "Supplement". 31 8. Page 8, by striking lines 3 through 23. 32 9. By striking page 9, line 28 through page 10, 33 line 14. 34 10. Page 10, by inserting before line 15 the 35 following: 36 "NEW SUBSECTION. 28. IOWA HERITAGE SPECIAL 37 PLATES. 38 a. An owner referred to in subsection 18, may upon 39 written application to the department, order special 40 registration plates with an Iowa heritage emblem. The 41 emblem shall contain a picture of the American gothic 42 house and the words "Iowa Heritage" and shall be 43 designed by the department in consultation with the 44 state historical society of Iowa. 45 b. The special Iowa heritage fee for letter number 46 designated plates is thirty-five dollars. The special 47 fee for personalized Iowa heritage plates is twenty- 48 five dollars which shall be paid in addition to the 49 special fee of thirty-five dollars. The special fee 50 shall be in addition to the regular annual Page 3 1 registration fee. 2 c. The special fees collected by the director 3 under this subsection shall be paid monthly to the 4 treasurer of state and credited to the road use tax 5 fund. Notwithstanding section 423.24, and prior to 6 the crediting of revenues to the road use tax fund 7 under section 423.24, subsection 1, paragraph "d", the 8 treasurer of state shall credit monthly the amount of 9 the special fees collected in the previous month for 10 the Iowa heritage plates from those revenues in the 11 following manner: 12 (1) Seventy-five percent shall be credited to the 13 Iowa heritage fund, created under section 303.9A. 14 (2) Twenty-five percent shall be allocated to the 15 department of education. The department shall use the 16 moneys to support teacher training in Iowa history, to 17 purchase Iowa history classroom materials, to support 18 student participation in Iowa history and citizenship- 19 building activities and to create a grant program for 20 school districts to apply for funding to support field 21 trips to museums, historic sites, and heritage 22 attractions." 23 11. Page 10, by inserting before line 15 the 24 following: 25 "NEW SUBSECTION. 29. EDUCATION PLATES. 26 a. Upon application and payment of the proper 27 fees, the director may issue education plates to the 28 owner of a motor vehicle subject to registration under 29 section 321.109, subsection 1, light delivery truck, 30 panel delivery truck, pickup, motor home, multipurpose 31 vehicle, or travel trailer. 32 b. Education plates shall be designed by the 33 department in cooperation with the department of 34 education. 35 c. The special school transportation fee for 36 letter number designated education plates is thirty- 37 five dollars. The fee for personalized education 38 plates is twenty-five dollars, which shall be paid in 39 addition to the special school transportation fee of 40 thirty-five dollars. The fees collected by the 41 director under this subsection shall be paid monthly 42 to the treasurer of state and credited to the road use 43 tax fund. Notwithstanding section 423.24, and prior 44 to the crediting of revenues to the road use tax fund 45 under section 423.24, subsection 1, paragraph "d", the 46 treasurer of state shall transfer monthly from those 47 revenues to the school budget review committee in 48 accordance with section 257.31, subsection 16, the 49 amount of the special school transportation fees 50 collected in the previous month for the education Page 4 1 plates. 2 d. Upon receipt of the special registration 3 plates, the applicant shall surrender the current 4 registration receipt and plates to the county 5 treasurer. The county treasurer shall validate the 6 special registration plates in the same manner as 7 regular registration plates are validated under this 8 section. The annual special school transportation fee 9 for letter number designated plates is ten dollars, 10 which shall be paid in addition to the regular annual 11 registration fee. The annual fee for personalized 12 education plates is five dollars, which shall be paid 13 in addition to the annual special school 14 transportation fee and the regular annual registration 15 fee. The annual special school transportation fee 16 shall be credited as provided under paragraph "c"." 17 12. Page 10, by striking lines 21 through 27 and 18 inserting the following: "registration plate issued 19 by the county treasurer shall display the name of the 20 countyexcept plates issued for truck tractors,21motorcycles, motorized bicycles, travel trailers,22semitrailers and trailers. The year of expiration or23the date of expiration shall be displayed on vehicle24registration plates, except plates issued under25section 321.19, including any plate issued pursuant to 26 section 321.34, except Pearl Harbor and purple heart 27 registration plates issued prior to January 1, 1997, 28 and collegiate, firefighter, and Congressional medal 29 of honor registration plates. Special". 30 13. By striking page 10, line 29, through page 31 11, line 3. 32 14. Page 11, lines 6 and 7, by striking the words 33 "Except as otherwise provided by law, special" and 34 inserting the following: "Special". 35 15. Page 11, line 8, by inserting after the 36 figure "1997," the following: "other than 37 Congressional medal of honor, collegiate, fire 38 fighter, and natural resources registration plates,". 39 16. Page 11, by striking lines 16 through 20 and 40 inserting the following: 41 "NEW SUBSECTION. 10. If the department reissues a 42 new registration plate design for a special 43 registration plate under section 321.34, all persons 44 who have purchased or obtained the special 45 registration plates shall not be required to pay the 46 issuance fee." 47 17. Page 11, line 21, by inserting after the word 48 "Code" the following: "Supplement". 49 18. Page 12, line 18, by striking the figure 50 "10" and inserting the following: "9". Page 5 1 19. Page 12, line 19, by inserting after the word 2 "Code" the following: "Supplement". 3 20. Page 12, line 21, by striking the figure "10" 4 and inserting the following: "9". 5 21. Page 12, line 22, by inserting after the word 6 "Code" the following: "Supplement". 7 22. Title page, by striking lines 3 and 4 and 8 inserting the following: "plates, special Iowa 9 heritage plates and an Iowa heritage fund, education 10 plates and transfer and appropriation of revenue from 11 the sale of the plates to the school budget review 12 committee, and special silver and bronze". 13 23. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-5677. Eddie of Buena Vista moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 514) 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 Fallon Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Barry Hanson Harper Harrison Holveck Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus 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, 4: Ertl Grundberg Heaton Houser The bill having received a constitutional majority was declared to have passed the House and the title, as amended, 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 514 and 2350. Unfinished Business Calendar The House resumed consideration of Senate File 2208, a bill for an act relating to persons required to register with the sex offender registry and providing a penalty, previously deferred and placed on the unfinished business calendar. Coon of Warren offered the following amendment H-5540 filed by the committee on judiciary and moved its adoption: H-5540 1 Amend Senate File 2208, as passed by the Senate, as 2 follows: 3 1. Page 1, by striking lines 3 and 4 and 4 inserting the following: 5 "k. Stalking in violation of section 708.11, 6 subsection 3, paragraph "b", subparagraph (3), if the 7 fact-finder determines by clear and convincing 8 evidence that the offense was sexually motivated." 9 2. By striking page 1, line 24, through page 2, 10 line 5. 11 3. Page 2, by inserting after line 22 the 12 following: 13 "Sec. ___. The department of human services shall 14 work with the department of public safety to develop a 15 single point of contact for persons seeking 16 information regarding individuals who may be listed on 17 the child abuse registry created in section 235A.14, 18 the dependent adult abuse registry created in section 19 235B.5, or the sex offender registry created in 20 section 692A.10. The department of human services and 21 the department of public safety shall also study the 22 issue of information sharing among the registries. 23 The department of human services and the department of 24 public safety shall present a joint report to the 25 general assembly not later than December 15, 1996, 26 regarding the feasibility of creating a single point 27 of contact for information on the registries and 28 providing information sharing among the registries, 29 including the statutory changes necessary for 30 implementation." 31 4. Title page, line 2, by striking the words 32 "registry and" and inserting the following: 33 "registry, requiring a departmental study, and". 34 5. By renumbering, relettering, or redesignating 35 and correcting internal references as necessary. The committee amendment H-5540 was adopted. Kreiman of Davis asked and received unanimous consent to withdraw the following amendments filed by him on March 26, 1996: H-5605 and H-5606. Coon of Warren moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2208) 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 Fallon Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Barry Hanson Harper Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus 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, 4: Drees Eddie Ertl Grundberg Harrison The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. The House resumed consideration of Senate File 2381, a bill for an act relating to dependent adult abuse and providing penalties, previously deferred and placed on the unfinished business calendar. Boddicker of Cedar offered the following amendment H-5547 filed by him and moved its adoption: H-5547 1 Amend Senate File 2381, as passed by the Senate, as 2 follows: 3 1. Page 3, by striking lines 2 through 6 and 4 inserting the following: 5 "1. "Caretaker" means a related or nonrelated 6 person who has the responsibility for the protection, 7 care, or custody of a dependent adult as a result of 8 assuming the responsibility voluntarily, by contract, 9 through employment, or by order of the court." 10 2. Page 3, by striking lines 9 through 16 and 11 inserting the following: 12 "4. "Dependent adult" means a person eighteen 13 years of age or older who is unable to protect the 14 person's own interests or unable to adequately perform 15 or obtain services necessary to meet essential human 16 needs, as a result of a physical or mental condition 17 which requires assistance from another, or as defined 18 by departmental rule." Amendment H-5547 was adopted. Holveck of Polk offered the following amendment H-5851 filed by him and Boddicker from the floor and moved its adoption: H-5851 1 Amend Senate File 2381, as passed by the Senate, as 2 follows: 3 1. Page 7, by striking lines 27 through 30 and 4 inserting the following: "action for the appointment 5 of a guardian or conservator or for admission or 6 commitment to an appropriate institution or facility 7 pursuant to the applicable procedures under chapter 8 125, 222, 229, or 633, or shall pursue other remedies 9 provided by law. The appropriate county". 10 2. Page 12, by striking line 29, and inserting 11 the following: "the removal or provision of 12 services." Amendment H-5851 was adopted. Boddicker of Cedar moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2381) The ayes were, 98: 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 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 McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Osterhaus 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, 2: Grundberg Ollie The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. SENATE AMENDMENT CONSIDERED Lamberti of Polk called up for consideration Senate File 482, a bill for an act establishing economic and other penalties for certain criminal activity, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-5494 to the House amendment: H-5494 1 Amend the House amendment, S-5036, to Senate File 2 482, as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. Page 2, by inserting after line 39, the 5 following: 6 " . Page 32, by inserting after line 23, the 7 following: 8 "Sec. ___. NEW SECTION. 809A.25 RULEMAKING. 9 The attorney general shall adopt, amend, or repeal 10 rules pursuant to chapter 17A to carry out the 11 provisions of this chapter."" 12 2. Page 4, by inserting after line 36, the 13 following: 14 "Sec. ___. Section 809.16, Code 1995, is amended 15 to read as follows: 16 809.16 RULEMAKING. 17 The attorney generalmayshall adopt, amend, or 18 repeal rules pursuant to chapter 17A to carry out the 19 provisions of this chapter."" The motion prevailed and the House concurred in the Senate amendment H-5494, to the House amendment. Lamberti of Polk moved that the bill, as amended by the House, further amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 482) The ayes were, 95: 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 Gipp Greig Greiner Gries Grubbs 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 McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, L. Nutt O'Brien Ollie Osterhaus Rants Renken Salton Schrader Schulte Siegrist 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, 5: Garman Grundberg Nelson, B. Shoultz Sukup 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: Senate Files 482, 2208 and 2381. HOUSE INSISTS Kremer of Buchanan called up for consideration Senate File 2448, a bill for an act relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the governor's alliance on substance abuse, the Iowa department of public health, the department of human rights, and the commission of veterans affairs, and providing an immediate effective date, and moved that the House insist on its amendment, which motion prevailed. CONFERENCE COMMITTEE APPOINTED (Senate File 2448) The Speaker announced the appointment of the conference committee to consider the differences between the House and Senate concerning Senate File 2448: Kremer of Buchanan, Chair; Thomson of Linn, Brunkhorst of Bremer, Mundie of Webster and Weigel of Chickasaw. Unfinished Business Calendar The House resumed consideration of Senate File 2409, a bill for an act relating to workforce development by establishing a workforce development department, by eliminating the department of employment services, and including workforce development programs in the new department, by providing for state privatization contracts, and by establishing a workforce development board and regional advisory boards, previously deferred and placed on the unfinished business calendar. The House stood at ease at 2:12 p.m., until the fall of the gavel. The House resumed session at 3:30 p.m., Speaker pro tempore Van Maanen of Marion in the chair. LEAVE OF ABSENCE Leave of absence was granted as follows: Van Fossen of Scott, for the remainder of the day, on request of Siegrist of Pottawattamie. Nelson of Marshall offered amendment H-5600 filed by the committee on economic development as follows: H-5600 1 Amend Senate File 2409, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 16, by inserting after the word 4 "loan" the following: "loss reserve account in 5 section 15.345." 6 2. Page 1, line 17, by striking the letter "b." 7 and inserting the following: "b." 8 3. Page 5, by striking lines 11 through 28. 9 4. Page 6, by striking lines 23 through 25 and 10 inserting the following: "control the budget of the 11 department and its divisionsand shall approve the12employment of all personnel of the department and its13divisions. The director shall employ personnel as 14 necessary to carry out the duties and responsibilities 15 of the department, consistent with the merit system 16 provisions of chapter 19A for employees other than 17 professional and technical employees. Professional 18 and technical employees of the department are exempt 19 from the merit system provisions of chapter 19A, 20 except as otherwise required by federal law and 21 regulation, and except for employees in the divisions 22 of labor services and industrial services." 23 5. Page 6, line 35, by striking the word "eight" 24 and inserting the following: "nine". 25 6. Page 7, line 18, by striking the word "Not". 26 7. Page 7, by striking lines 19 through 24 and 27 inserting the following: "The governor, consistent 28 with the requirements of federal law, shall appoint 29 the nine voting". 30 8. Page 7, by striking lines 28 and 29 and 31 inserting the following: "persons knowledgeable in 32 the area of workforce development." 33 9. Page 10, line 1, by inserting after the word 34 "governor" the following: ", consistent with the 35 requirements of federal law and in consultation with 36 chief elected officials within the region. Chief 37 elected officials responsible for recommendations for 38 board membership shall include, but are not limited 39 to, county elected officials, municipal elected 40 officials, and community college trustees". 41 10. Page 10, lines 4 and 5, by striking the words 42 "a superintendent of schools" and inserting the 43 following: "a representative of a school district". 44 11. Page 10, line 14, by striking the word 45 "through" and inserting the following: ", 3, and". 46 12. Page 13, by inserting after line 4 the 47 following: 48 "8. The department, in consultation with the 49 applicable regional advisory board, shall select 50 service providers, subject to approval by the Page 2 1 workforce development board for each service delivery 2 area. A service provider in each service delivery 3 area shall be identified to coordinate the services 4 throughout the service delivery area. The department 5 shall select service providers that, to the extent 6 possible, meet or have the ability to meet the 7 following criteria: 8 a. The capacity to deliver services uniformly 9 throughout the service delivery area. 10 b. The experience to provide workforce development 11 services. 12 c. The capacity to cooperate with other public and 13 private agencies and entities in the delivery of 14 education, workforce training, retraining, and 15 workforce development services throughout the service 16 delivery area. 17 d. The demonstrated capacity to understand and 18 comply with all applicable state and federal laws, 19 rules, ordinances, regulations, and orders, including 20 fiscal requirements." 21 13. Page 16, line 15, by inserting after the 22 figure "260C.2," the following: "or within a 23 combination of merged areas,". 24 14. Page 18, by striking line 29 and inserting 25 the following: 26 "Sec. ___. The director of the department of 27 workforce development shall, in cooperation with the 28 department of personnel, make recommendations to the 29 department of personnel concerning the development and 30 implementation of a new position classification plan 31 for the department. The position classification plan 32 shall reflect the expanded responsibilities of the 33 department, facilitate the integration of job training 34 and job placement programs, foster a professional, 35 innovative, and high performance working environment, 36 and provide flexibility in designing and implementing 37 local and regional workforce development delivery 38 systems. However, the new position classification 39 plan to be implemented by the department shall be 40 consistent with the rules adopted as of the effective 41 date of this Act pursuant to section 19A.9, subsection 42 1, for position classification plans. 43 The new position classification plan shall be 44 adopted by the department of personnel and implemented 45 by the department of workforce development not later 46 than January 1, 1997. Employees of the department of 47 employment services and employees who were assigned to 48 the department of economic development prior to July 49 1, 1996, shall have an equal opportunity to apply for 50 the positions established in the new position Page 3 1 classification plan. 2 The department of personnel shall assist the 3 department of workforce development with the 4 implementation of this section. 5 In designing the local, regional, and state". 6 15. By renumbering as necessary. McCoy of Polk offered the following amendment H-5787, to the committee amendment H-5600, filed by him and moved its adoption: H-5787 1 Amend the amendment, H-5600, to Senate File 2409, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by striking line 8. 5 2. By renumbering as necessary. Roll call was requested by McCoy of Polk and Siegrist of Pottawattamie. On the question "Shall amendment H-5787, to the committee amendment H-5600, be adopted?" (S.F. 2409) The ayes were, 37: Baker Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Osterhaus Schrader Shoultz Taylor Warnstadt Weigel Wise Witt The nays were, 59: 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 Hahn Halvorson Hammitt Barry Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Siegrist Sukup Teig Thomson Tyrrell Vande Hoef Veenstra Weidman Welter Van Maanen Presiding Absent or not voting, 4: Grundberg Hanson Schulte Van Fossen Amendment H-5787 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Schulte of Linn, for the remainder of the day, and Grundberg of Polk, until her return, both on request of Siegrist of Pottawattamie; Wise of Lee, for the remainder of the day, on request of Schrader of Marion. Connors of Polk offered the following amendment H-5788, to the committee amendment H-5600, filed by him and moved its adoption: H-5788 1 Amend the amendment, H-5600, to Senate File 2409, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by striking lines 16 through 22 and 5 inserting the following: "provisions of chapter 19A." Roll call was requested by Connors of Polk and Schrader of Marion. Rule 75 was invoked. On the question "Shall amendment H-5788, to the committee amendment H-5600, be adopted?" (S.F. 2409) The ayes were, 34: Baker Bell Bernau Brammer Burnett Cataldo Cohoon Connors Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Osterhaus Shoultz Taylor Warnstadt Weigel Witt The nays were, 62: Arnold Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs 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 Schrader Siegrist Sukup Teig Thomson Tyrrell Vande Hoef Veenstra Weidman Welter Van Maanen Presiding Absent or not voting,4: Grundberg Schulte Van Fossen Wise Amendment H-5788 lost. Taylor of Linn offered the following amendment H-5790, to the committee amendment H-5600, filed by him and moved its adoption: H-5790 1 Amend the amendment, H-5600, to Senate File 2409, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 27, by inserting before the words 5 "The governor" the following: "Of the nine voting 6 members, four members shall represent business, four 7 members shall represent labor, and one member shall 8 represent a post-secondary educational institution 9 which conducts workforce development programs. 10 Persons representing labor shall be appointed from 11 nominations submitted by statewide labor organizations 12 in this state." Roll call was requested by Taylor of Linn and Schrader of Marion. Rule 75 was invoked. On the question "Shall amendment H-5709, to the committee amendment H-5660, be adopted?" (S.F. 2409) The ayes were, 36: Baker Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Osterhaus Schrader Shoultz Taylor Warnstadt Weigel Witt The nays were, 58: Arnold Blodgett Boddicker Boggess Bradley Branstad Brunkhorst Carroll Churchill Coon Cormack Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs 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 Siegrist Sukup Teig Thomson Tyrrell Vande Hoef Veenstra Weidman Welter Van Maanen Presiding Absent or not voting, 6: Brauns Corbett, Spkr. Grundberg Schulte Van Fossen Wise Amendment H-5790 lost. Drake of Pottawattamie offered amendment H-5734, to the committee amendment H-5600, filed by Drake et. al. and requested division as follows: H-5734 1 Amend the amendment, H-5600, to Senate File 2409, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 32, by inserting after the word 5 "development" the following: ", and shall include at 6 least one county elected official, one city official, 7 and one representative of a school district". 8 2. Page 2, by striking lines 21 through 23 and 9 inserting the following: 10 " . Page 16, by striking lines 15 through 17 11 and inserting the following: "in a multi-county area 12 selected by the workforce development board, in 13 consultation with local elected officials, and 14 approved by the governor."" 15 3. By renumbering as necessary. Drake of Pottawattamie asked and received unanimous consent to defer on amendment H-5734A, to the committee amendment H-5600. Jacobs of Polk in the chair at 5:00 p.m. Drake of Pottawattamie moved the adoption of amendment H-5734B, to the committee amendment H-5600. Roll call was requested by Drees of Carroll and Greiner of Washington. On the question "Shall amendment H-5734B, to the committee amendment H-5600, be adopted?" (S.F. 2409) The ayes were, 35: Blodgett Bradley Brunkhorst Cohoon Connors Dinkla Disney Drake Drees Garman Greig Greiner Gries Hahn Halvorson Harrison Huseman Jochum Klemme Koenigs Lord Main Martin May Metcalf Meyer Millage Moreland Murphy Ollie Osterhaus Salton Weidman Weigel Witt The nays were, 61: Baker Bell Bernau Boddicker Boggess Brammer Brand Branstad Brauns Burnett Carroll Cataldo Churchill Coon Corbett, Spkr. Cormack Daggett Doderer Eddie Ertl Fallon Gipp Grubbs Hammitt Barry Hanson Harper Heaton Holveck Houser Hurley Kreiman Kremer Lamberti Larkin Larson Mascher McCoy Mertz Mundie Myers Nelson, B. Nelson, L. Nutt O'Brien Rants Renken Schrader Shoultz Siegrist Sukup Taylor Teig Thomson Tyrrell Van Maanen Vande Hoef Veenstra Warnstadt Welter Jacobs, Presiding Absent or not voting, 4: Grundberg Schulte Van Fossen Wise Amendment H-5734B lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Shoultz of Black Hawk, for the remainder of the day, on request of Schrader of Marion. Harper of Black Hawk in the chair at 5:13 p.m. Brand of Benton offered the following amendment H-5789, to the committee amendment H-5600, filed by him and moved its adoption: H-5789 1 Amend the amendment, H-5600, to Senate File 2409, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 3, line 4, by inserting after the word 5 "section." the following: "Implementation of the 6 position classification plan and resolution of related 7 issues, including wage rate and seniority provisions, 8 shall be agreed upon by the department of personnel 9 and the certified employee organization 10 representatives of bargaining unit employees." Roll call was requested by Schrader of Marion and McCoy of Polk. On the question "Shall amendment H-5789, to the committee amendment H-5600, be adopted?" (S.F. 2409) The ayes were, 35: Baker Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Doderer Drees Fallon Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Osterhaus Schrader Taylor Warnstadt Weigel Witt Harper, Presiding The nays were, 60: 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 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 Siegrist Sukup Teig Thomson Tyrrell Van Maanen Vande Hoef Veenstra Weidman Welter Absent or not voting, 6: Grundberg Schulte Shoultz Van Fossen Wise Amendment H-5789 lost. Nelson of Marshall offered the following amendment H-5733, to the committee amendment H-5600, filed by her and moved its adoption: H-5733 1 Amend the amendment, H-5600, to Senate File 2409, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 3, by inserting after line 5 the 5 following: 6 " . Title page, lines 4 and 5, by striking the 7 words "by providing for state privatization 8 contracts,"." 9 2. By renumbering as necessary. Amendment H-5733 was adopted. Drake of Pottawattamie offered the following amendment H-5854, to the committee amendment H-5600, filed by him from the floor and moved its adoption: H-5854 1 Amend the amendment, H-5600, to Senate File 2409, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 2, by striking lines 21 through 23 and 5 inserting the following: 6 " . Page 16, by striking lines 15 through 17 7 and inserting the following: "in a multi-county area 8 selected by the workforce development board, 9 considering community college boundaries and input 10 from local elected officials, and approved by the 11 governor."" 12 2. By renumbering as necessary. Amendment H-5854 lost. On motion by Drake of Pottawattamie, amendment H-5734A, to the committee amendment H-5600, found on page 1387 of the House Journal, lost. MOTION TO RECONSIDER Schrader of Marion called up for immediate consideration the motion to reconsider amendment H-5788, to the committee amendment H-5600, filed from the floor, and moved to reconsider the vote by which amendment H-5788, to the committee amendment H-5600, to Senate File 2409, a bill for an act relating to workforce development by establishing a workforce development department, by eliminating the department of employment services, and including workforce development programs in the new department, by providing for state privatization contracts, and by establishing a workforce development board and regional advisory boards, passed the House and failed to be adopted on April 3, 1996.. A non-record roll call was requested. The ayes were 28, nays 53. The motion to reconsider lost. Nelson of Marshall moved the adoption of the committee amendment H-5600, as amended. Roll call was requested by Schrader of Marion and Rants of Woodbury. On the question "Shall the committee amendment H-5600, as amended, be adopted?" (S.F. 2409) The ayes were, 59: Arnold Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs 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 Siegrist Sukup Teig Thomson Tyrrell Van Maanen Vande Hoef Veenstra Weidman Welter The nays were, 34: Baker Bell Bernau Brammer Brand Burnett Cataldo Cohoon Connors Doderer Drees Fallon Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Nelson, L. O'Brien Ollie Osterhaus Schrader Taylor Warnstadt Weigel Witt Harper, Presiding Absent or not voting, 7: Blodgett Grundberg Myers Schulte Shoultz Van Fossen Wise The committee amendment H-5600, as amended, was adopted. Nelson of Marshall asked and received unanimous consent to withdraw amendment H-5612, filed by her on March 26, 1996. Nelson of Marshall offered the following amendment H-5725 filed by her and moved its adoption: H-5725 1 Amend Senate File 2409, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 9, line 18, by inserting after the word 4 "department" the following: "related to workforce 5 development". 6 2. Page 9, line 21, by striking the words "or 7 contracts administered" and inserting the following: 8 "for workforce development services". 9 3. Page 9, line 30, by inserting after the word 10 "rules" the following: "related to workforce 11 development". 12 4. Page 9, line 31, by striking the words "or 13 administrators of divisions". Amendment H-5725 was adopted. Nelson of Marshall 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. 2409) The ayes were, 65: Arnold Bell Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Churchill Coon Corbett, Spkr. Cormack Daggett Dinkla Disney Drake Eddie Ertl Gipp Greig Greiner Gries Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Mascher Metcalf Meyer Millage Mundie Myers Nelson, B. Nutt Rants Renken Salton Siegrist Sukup Teig Thomson Tyrrell Van Maanen Vande Hoef Veenstra Weidman Welter Harper, Presiding The nays were, 30: Baker Bernau Brammer Cataldo Cohoon Connors Doderer Drees Fallon Garman Grubbs Holveck Jochum Koenigs Kreiman Larkin May McCoy Mertz Moreland Murphy Nelson, L. O'Brien Ollie Osterhaus Schrader Taylor Warnstadt Weigel Witt Absent or not voting, 6: Grundberg Schulte Shoultz Van Fossen Wise The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. Speaker pro tempore Van Maanen of Marion in the chair at 6:05 p.m. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 2409 be immediately messaged to the Senate. CONFERENCE COMMITTEE APPOINTED (Senate File 2446) The Speaker announced the appointment of the conference committee to consider the differences between the House and Senate concerning Senate File 2446: Hahn of Muscatine, Chair; Drake of Muscatine, Greiner of Washington, Mertz of Kossuth, Koenigs of Mitchell. LEAVE OF ABSENCE Leave of absence was granted as follows: Daggett of Union, until his return, on request of Siegrist of Pottawattamie. Ways and Means Calendar House File 2423, a bill for an act relating to the taxation of real property used in the operation of a racetrack or racetrack enclosure, was taken up for consideration. Cataldo of Polk asked and received unanimous consent to defer amendment H-5749, for the immediate consideration of amendment H-5844, filed by him and McCoy of Polk from the floor as follows: H-5844 1 Amend House File 2423 as follows: 2 1. Page 1, by striking lines 4 through 23 and 3 inserting the following: 4 "6. Notwithstanding any exemption provision, for 5 taxes payable in the fiscal year beginning July 1, 6 1997, and for each subsequent fiscal year, real 7 property used in the operation of a racetrack or 8 racetrack enclosure shall be subject to real property 9 taxation. The rate at which such property shall be 10 taxed shall be the combined rate of all taxing 11 districts in which the racetrack or racetrack 12 enclosure is located. However, the amount of tax 13 collected shall not go to the individual taxing 14 districts but shall be collected by the county and 15 remitted to the department of revenue and finance to 16 be deposited into the state gambling tax relief fund 17 created in section 422.115. 18 Sec. ___. Section 99F.10, Code Supplement 1995, is 19 amended by adding the following new subsection: 20 NEW SUBSECTION. 7. Notwithstanding any exemption 21 provision, for taxes payable in the fiscal year 22 beginning July 1, 1997, and for each subsequent fiscal 23 year, real property used in the operation of an 24 excursion gambling boat or used as a dock for an 25 excursion gambling boat shall be subject to real 26 property taxation. The rate at which such property 27 shall be taxed shall be the combined rate of all 28 taxing districts in which the excursion gambling boat 29 or dock is located. However, the amount of tax 30 collected shall not go to the individual taxing 31 districts but shall be collected by the county and 32 remitted to the department of revenue and finance to 33 be deposited into the state gambling tax relief fund 34 created in section 422.115. 35 Sec. ___. Section 99F.11, unnumbered paragraph 1, 36 Code 1995, is amended to read as follows: 37 A tax is imposed on the adjusted gross receipts 38 received annually from gambling games authorized under 39 this chapter at the rate of five percent on the first 40 one million dollars of adjusted gross receipts, at the 41 rate of ten percent on the next two million dollars of 42 adjusted gross receipts, and at the rate of twenty 43 percent on any amount of adjusted gross receipts over 44 three million dollars. However, beginning January 1, 45 1997, the rate on any amount of adjusted gross 46 receipts over three million dollars from gambling 47 games at racetrack enclosures or on an excursion 48 gambling boat or dock is twenty-two percent and shall 49 increase by two percent each succeeding calendar year 50 until the rate is thirty-six percent. The taxes Page 2 1 imposed by this section shall be paid by the licensee 2 to the treasurer of state within ten days after the 3 close of the day when the wagers were made and shall 4 be distributed as follows: 5 Sec. ___. Section 99F.11, Code 1995, is amended by 6 adding the following new subsection: 7 NEW SUBSECTION. 3A. The amount of adjusted gross 8 receipts tax collected which is from the rate in 9 excess of twenty percent shall be deposited into the 10 state gambling tax relief fund created in section 11 422.115. 12 Sec. ___. NEW SECTION. 422.115 STATE GAMBLING 13 TAX RELIEF FUND. 14 There is created a state gambling tax relief fund 15 which contains moneys credited to it by law. Moneys 16 in this fund are annually appropriated to the 17 department to be remitted to the county treasurer of 18 each county on a per capita basis to be used for any 19 lawful purpose of the county." Roll call was requested by Cataldo of Polk and Kreiman of Davis. On the question "Shall amendment H-5844 be adopted?" (H.F. 2423) The ayes were, 29: Arnold Baker Bell Bernau Brand Burnett Cataldo Connors Doderer Drees Harper Holveck Jochum Koenigs Kreiman Lamberti Mascher May McCoy Mertz Moreland Mundie Myers O'Brien Osterhaus Schrader Taylor Teig Weigel The nays were, 60: Blodgett Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Cohoon Coon Corbett, Spkr. Cormack Dinkla Disney Drake Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Houser Huseman Jacobs Klemme Kremer Larkin Larson Lord Main Martin Metcalf Meyer Millage Murphy Nelson, B. Nelson, L. Nutt Ollie Rants Renken Salton Siegrist Sukup Thomson Tyrrell Veenstra Warnstadt Weidman Welter Van Maanen, Presiding Absent or not voting, 11: Boddicker Brammer Daggett Grundberg Hurley Schulte Shoultz Van Fossen Vande Hoef Wise Witt Amendment H-5844 lost. McCoy of Polk asked and received unanimous consent to withdraw the following amendments filed by him on April 1, 1996: H-5747, H-5748, H-5749, H-5750, H-5751, H-5752, H-5753 and H-5754. Cataldo of Polk asked and received unanimous consent to withdraw the following amendments: H-5534, filed by him on March 25, 1996 and H-5760 filed by him on April 1, 1996. Cataldo of Polk offered amendment H-5759, previously deferred, filed by Cataldo, et. al., and moved its adoption: H-5759 1 Amend House File 2423 as follows: 2 1. Page 1, line 9, by striking the words "any 3 taxing district" and inserting the following: "the 4 county". 5 2. Page 1, line 12, by striking the words "taxing 6 district" and inserting the following: "county". 7 3. Page 1, line 22, by striking the words "taxing 8 district" and inserting the following: "county". 9 4. Page 1, by inserting after line 23 the 10 following: 11 "Property tax revenues collected as a result of the 12 county's imposition of its tax upon the real property 13 used in the operation of a racetrack or racetrack 14 enclosure shall be distributed on a per capita basis 15 to taxing districts located entirely or partially in 16 the county. The portion of the taxes collected that a 17 taxing district will receive shall be equal to a 18 fraction determined by dividing the population 19 residing in the taxing district by the sum of the 20 population residing in each city, school district, and 21 other taxing district located in the county plus the 22 population of the county. The county treasurer shall 23 pay each taxing district its share of the taxes 24 collected on October 15 and April 15 of each fiscal 25 year." Amendment H-5759 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Lord of Dallas and Boddicker of Cedar, both for the remainder of the day, on request of Siegrist of Pottawattamie. Cataldo of Polk asked and received unanimous consent to withdraw amendment H-5761 filed by him on April 1, 1995, to consider amendment H-5765 filed by him as follows: H-5765 1 Amend House File 2423 as follows: 2 1. Page 1, by inserting before line 24 the 3 following: 4 "Sec. ___. Section 99F.4A, subsection 6, Code 5 1995, is amended to read as follows: 6 6. The adjusted gross receipts received from 7 gambling games shall be taxed at the same rates and 8 the proceeds distributed in the same manner as 9 provided in section 99F.11, except that the city in 10 which the racetrack enclosure where gambling games are 11 held is located shall not receive any tax proceeds." Roll call was requested by McCoy of Polk and Cataldo of Polk. On the question "Shall amendment H-5765 be adopted?" (H.F. 2423) The ayes were, 10: Baker Bernau Cataldo Connors Holveck McCoy Mertz Osterhaus Taylor Witt The nays were, 77: Arnold Bell Blodgett Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Churchill Cohoon Coon Corbett, Spkr. Cormack Dinkla Disney Doderer Drake Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Barry Hanson Harper Heaton Houser Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Main Martin Mascher May Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Siegrist Sukup Teig Thomson Tyrrell Veenstra Warnstadt Weidman Weigel Welter Van Maanen, Presiding Absent or not voting, 14: Boddicker Brammer Daggett Drees Grundberg Harrison Hurley Lord Schulte Shoultz Van Fossen Vande Hoef Wise Amendment H-5765 lost. Cataldo of Polk asked and received unanimous consent to withdraw the following amendments filed by him on April 1, 1996, H-5763 and H-5764. Disney 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. 2423) The ayes were, 72: Arnold Bell Blodgett Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Churchill Coon Corbett, Spkr. Cormack Dinkla Disney Doderer Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Barry Hanson Harper Harrison Heaton Houser Huseman Jacobs Klemme Koenigs Kremer Lamberti Larson Main Martin Mascher May Metcalf Meyer Millage Moreland Mundie Murphy Nelson, B. Nelson, L. Nutt Ollie Rants Renken Salton Schrader Siegrist Sukup Taylor Teig Thomson Tyrrell Veenstra Warnstadt Weidman Weigel Welter Van Maanen, Presiding The nays were, 16: Baker Bernau Cataldo Cohoon Connors Fallon Holveck Jochum Kreiman Larkin McCoy Mertz Myers O'Brien Osterhaus Witt Absent or not voting, 12: Boddicker Brammer Daggett Drees Grundberg Hurley Lord Schulte Shoultz Van Fossen Vande Hoef Wise The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 2423 be immediately messaged to the Senate. INTRODUCTION OF BILL House File 2493, by committee on ways and means, a bill for an act relating to the state sales tax exemption on certain computers or machinery and equipment. Read first time and placed on the ways and means calendar. RULES SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent that the Daily Debate Calendar for Thursday, April 4, 1996, become the Daily Debate Calendar for Monday, April 8, 1996. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 3, 1996, amended and passed the following bill in which the concurrence of the House is asked: House File 111, a bill for an act exempting from regulation certain homeowners' association swimming pools. Also: That the Senate has on April 3, 1996, passed the following bill in which the concurrence of the Senate was asked: House File 2444, a bill for an act relating to energy conservation including making appropriations of petroleum overcharge funds. Also: That the Senate has on April 3, 1996, amended and passed the following bill in which the concurrence of the House is asked: Senate File 259, a bill for an act relating to the practice of mortuary science, cremation, and licensing of funeral establishments and providing penalties. Also: That the Senate has on April 2, 1996, amended and passed the following bill in which the concurrence of the Senate was asked: Senate File 2012, a bill for an act relating to the conduct of raffles. Also: That the Senate has on April 3, 1996, amended the House amendment, concurred in the House amendment as amended, and passed following bill in which the concurrence of the House is asked: Senate File 2085, a bill for an act relating to handicapped parking and providing a penalty. Also: That the Senate has on April 3, 1996, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2410, a bill for an act relating to juvenile justice chapter provisions involving medically relevant tests for the presence of illegal drugs in a child or parent, parent visitations with a child who has been removed from the child's home, voiding related administrative rules, and providing an effective date. Also: Mr. Speaker I am directed to inform your honorable body that the Senate has on April 3, 1996, insisted on its amendment to Senate File 2446, a bill for an act relating to agriculture and natural resources, by providing for appropriations, providing related statutory changes, and providing effective dates, and the members of the Conference Committee on the part of the Senate are: The Senator from Jasper, Senator Black, Chair; the Senator from Kossuth, Senator Priebe; the Senator from Wapello, Senator Gettings; the Senator from Fremont, Senator McLaren; the Senator from Plymouth, Senator Banks. Also: Mr. Speaker I am directed to inform your honorable body that the Senate has on April 3, 1996, appointed the conference committee to Senate File 2448, a bill for an act relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the governor's alliance on substance abuse, the Iowa department of public health, the department of human rights, and the commission of veterans affairs, and providing an immediate effective date, and the members of the Senate are: The Senator from Dubuque, Senator Flynn, Chair; the Senator from Polk, Senator Dearden; the Senator from Marshall, Senator Giannetto; the Senator from Sioux, Senator Rensink; the Senator from Shelby, Senator Boettger. JOHN F. DWYER, Secretary EXPLANATION OF VOTE I was necessarily absent from the House chamber on April 3, 1996. I inadvertently voted "aye" on amendment H-5698, to House File 2481, I meant to vote "nay". GARMAN of Story BILL SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on March 20, 1996, he approved and transmitted to the Secretary of State the following bill: 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. PRESENTATION OF VISITORS Koenigs of Mitchell presented to the House the Honorable Dan Fogarty, former member of the House representing Palo Alto County. The Speaker announced that the following visitors were present in the House chamber: Ten students from Lincoln Elementary School, Waterloo, accompanied by Vicki Smith. By Harper, Hanson, Shoultz and Witt all of Black Hawk. Fifteen students including two exchange students: Cavid Chadrowanta, Indonesia, and Mikko Hofsommer, Germany from Fremont - Mills Community School, Tabor, accompanied by Bob Nelson. By Houser of Pottawattamie. Four High School Government students from Marion High School, Marion, accompanied by Mr. Shane Ehreaman. By Thomson of Linn. Thirty-five Junior High students from Holmes Junior High, Cedar Falls, accompanied by Dave Andreasen and Doris Nero. By Witt of Black Hawk. Eighth grade students from Ruthven - Ayrshire School, Ruthven, accompanied by Jon Josephson. By Salton of Palo Alto. CERTIFICATES OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificates of recognition have been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1996\412 Frances and Wendell Kono, Newton - For celebrating their Sixty-fifth wedding anniversary. 1996\413 John Keitges, ADM Community School, For being named to the 1996 3rd All-State Boys Basketball Team. 1996\414 Adams Elementary School, Davenport - For receiving a FINE Fourndation Recognition Award. 1996\415 Truman Elementary School, Cedar Rapids - For receiving a FINE Foundation Recognition Award. 1996\416 Taylor Elementary School, Cedar Rapids - For receiving a FINE Foundation Recognition Award. SUBCOMMITTEE ASSIGNMENTS Senate File 2453 Labor and Industrial Relations: Kremer, Chair; Sukup and Taylor. Senate File 2459 Appropriations: Meyer, Chair; Cataldo and Ertl. Senate File 2461 Appropriations: Ertl, Chair; Brand and Meyer. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendations have been received and are on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON WAYS AND MEANS Senate File 2351, a bill for an act relating to department of economic development programs, including the workforce development fund program and the Iowa small business new jobs training Act, providing a supplemental new jobs credit from withholding, establishing a rural microbusiness assistance program, increasing the funds available for the value-added agricultural products and processes program, making an annual allocation from an appropriation, and establishing an effective date. Fiscal Note is not required. Recommended Do Pass April 3, 1996. Committee Bill (Formerly House File 2198), authorizing counties to impose additional civil court fees for use for county courthouse libraries and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass April 3, 1996. Committee Bill (Formerly House File 2470), relating to the financial procedures of counties, cities, and drainage districts, by amending the powers and duties of county treasurers, by eliminating the filing of late claims for property credits, by striking personal property tax credits of military veterans, by striking outdated property tax limitations, by amending tax sale procedures, by providing for properly related matters, and by providing an applicability date and effective dates. Fiscal Note is not required. Recommended Amend and Do Pass April 3, 1996. Committee Bill (Formerly House Study Bill 654), relating to the tax exemption of active duty pay of national guard or armed forces military reserve personnel for certain foreign service. Fiscal Note is not required. Recommended Amend and Do Pass April 3, 1996. Committee Bill (Formerly House Study Bill 752), relating to the state sales tax exemption on certain computers or machinery and equipment. Fiscal Note is not required. Recommended Do Pass April 3, 1996. AMENDMENTS FILED H_5841 H.F. 2485 Halvorson of Clayton H_5842 S.F. 2195 Weigel of Chickasaw Mertz of Kossuth Nelson of Pottawattamie May of Worth Warnstadt of Woobdury H_5843 S.F. 2403 Rants of Woodbury H_5845 H.F. 2144 Senate Amendment H_5846 S.F. 2138 Carroll of Poweshiek H_5847 S.F. 2294 Mundie of Webster H_5848 S.F. 2195 Wise of Lee Brand of Benton Weigel of Chickasaw H_5849 S.F. 2201 Gries of Crawford H_5850 S.F. 2245 Grundberg of Polk Meyer of Sac Churchill of Polk Drake of Pottawattamie Van Fossen of Scott Veenstra of Sioux Dinkla of Guthrie Metcalf of Polk Jacobs of Polk Houser of Pottawattamie Disney of Polk Brandstad of Winnebago Lamberti of Polk Welter of Jones H_5851 S.F. 2381 Holveck of Polk Boddicker of Cedar H_5852 S.F. 2403 Rants of Woodbury H_5853 S.F. 2168 Lamberti of Polk H_5855 S.F. 259 Senate Amendment H_5856 S.F. 2085 Senate Amendment H_5857 H.F. 111 Senate Amendment H_5858 H.F. 2370 Nutt of Woodbury H_5859 H.F. 2419 Welter of Jones H_5860 S.F. 2114 Grubbs of Polk H_5861 S.F. 2365 Tyrrell of Iowa H_5862 S.F. 2399 Boddicker of Cedar Murphy of Dubuque H_5863 S.F. 2435 Kleeme of Dubuque Rants of Woodbury Nutt of Woodbury On motion by Siegrist of Pottawattamie, the House adjourned at 7:43 p.m., until 9:30 a.m., Thursday, April 4, 1996. .
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 2)
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