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One hundred eighth Calendar Day - Seventy-first Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, April 24, 1996 The House met pursuant to adjournment at 10:00 a.m., Speaker Corbett in the chair. Prayer was sung by Reverend Robert Connors, Union Park Christian Church, Des Moines. The Journal of Tuesday, April 23, 1996 was approved. SPECIAL PRESENTATION TO HOUSE PAGES Speaker Corbett invited the House Pages to the Speaker's station for a special presentation and thanked them for their service to the House of Representatives. Certificates of excellence for serving with honor and distinction as a House Page during the Second Regular Session of the Seventy-sixth General Assembly were presented to the following Pages by Speaker Corbett, Majority Leader Siegrist of Pottawattamie and Minority Leader Schrader of Marion. Molly Allen Dawn Letcher Julie Bartles Matt Larson Jennifer Clark Jennifer O'Donohoe Ann Marie Dettmann Lanita Quastad Amanda Ford Megan Roberts Christen Grimsley Amber Rumley Jill Hawkins Jennifer Swickerath Serena Holthe Brooke Stephens Meredith Jennings Andrea Swarthout Chad Johnson Jana Tibben Casey Jones Noah Wendt The House rose and expressed its appreciation. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 23, 1996, amended and passed the following bill in which the concurrence of the House is asked: House File 428, a bill for an act relating to the expenditure of moneys deposited in an E911 service fund. Also: That the Senate has on April 23, 1996, passed the following bill in which the concurrence of the Senate was asked: House File 476, a bill for an act eliminating the appeal period for the awarding of contracts by the purchasing division of the department of general services. Also: That the Senate has on March 26, 1996, passed the following bill in which the concurrence of the Senate was asked: House File 2153, a bill for an act relating to the reinstatement to active service of members of the statewide fire and police retirement system and the public safety peace officers' retirement, accident, and disability system upon denial of disability benefits. Also: That the Senate has on April 23, 1996, amended and passed the following bill in which the concurrence of the House is asked: House File 2387, a bill for an act relating to the office of secretary of state and the conduct of elections and voter registration in the state and relating to corrective and technical changes to Iowa's election laws, and providing an effective date. Also: That the Senate has on April 23, 1996, insisted on its amendment to House File 2486, a bill for an act appropriating federal funds made available from federal block grants and other federal grants, allocating portions of federal block grants, and providing procedures if federal funds are more or less than anticipated or if federal block grants are more or less than anticipated, and the members of the Conference Committee on the part of the Senate are: The Senator from Dubuque, Senator Flynn, Chair; the Senator from Johnson, Senator Neuhauser; the Senator from Scott, Senator Deluhery; the Senator from Plymouth, Senator Banks; the Senator from Mahaska, Senator Hedge. Also: That the Senate has on April 24, 1996, receded from the Senate amendment to the House amendment, and passed the following bill in which the concurrence of the Senate was asked: Senate File 2245, a bill for an act relating to public retirement systems, making appropriations, and providing effective and retroactive applicability dates. Also: That the Senate has on April 23, 1996, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2366, a bill for an act relating to lease-purchase agreements. Also: That the Senate has on April 23, 1996, amended the House amendment, concurred in the House amendment as amended, and passed the following bill in which the concurrence of the House is asked: Senate File 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. Also: That the Senate has on April 23, 1996, adopted the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 123, a concurrent resolution congratulating Coach Dan Gable and the University of Iowa Hawkeye Wrestling Team for winning the National Collegiate Athletic Association's 1996 team championship. JOHN F. DWYER, Secretary CONFERENCE COMMITTEE APPOINTED (House File 2486) The Speaker announced the appointment of the conference committee to consider the differences between the House and Senate concerning House File 2486: Sukup of Franklin, Chair; Metcalf of Polk, Brunkhorst of Bremer, Kreiman of Davis and Murphy of Dubuque. CONSIDERATION OF BILLS SENATE AMENDMENT CONSIDERED Nelson of Marshall called up for consideration 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, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-6044 to the House amendment: H-6044 1 Amend the House amendment, S-5677, to Senate File 2 2409, as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. Page 1, by striking lines 3 through 5 and 5 inserting the following: 6 " . Page 1, line 15, by inserting after the 7 word and figure "chapter 260F," the following: "and". 8 . Page 1, line 16, by striking the words and 9 figure "15.341, and the loan" and inserting the 10 following: "15.341."" 11 2. Page 1, by striking lines 9 through 22. 12 3. Page 1, by striking lines 25 through 29 and 13 inserting the following: 14 " . Page 7, by striking lines 20 through 24 and 15 inserting the following: "political party. Of the 16 nine voting members, one member shall represent a non- 17 profit organization involved in workforce development 18 services, four members shall represent employers, and 19 four members shall represent nonsupervisory employees. 20 Of the members appointed by the governor to represent 21 nonsupervisory employees, two members shall be from 22 statewide labor organizations, one member shall be an 23 employee representative of a labor management council, 24 and one member shall be a person with experience in 25 worker training programs. The governor shall consider 26 recommendations from statewide labor organizations for 27 the members representing nonsupervisory employees. 28 The governor shall appoint the nine voting"." 29 4. Page 2, by inserting after line 6 the 30 following: 31 " . Page 11, by striking line 12 and inserting 32 the following: ". The department of economic 33 development, the department of education, and training 34 providers shall report information concerning the use 35 of any state or federal training or retraining funds 36 to the department of workforce development in a form 37 as required by the department. The accountability 38 system"." 39 5. By striking page 2, line 32, through page 3, 40 line 16, and inserting the following: 41 " . Page 16, line 17, by inserting after the 42 word "development." the following: "However, if the 43 state workforce development board determines that an 44 area of the state would be adversely affected by the 45 designation of the service delivery areas by the 46 department, the department may, after consultation 47 with the applicable regional advisory boards and with 48 the approval of the state workforce development board, 49 make accommodations in determining the service 50 delivery areas, including, but not limited to, the Page 2 1 creation of a new service delivery area. In no event 2 shall the department create more than sixteen service 3 delivery areas." 4 6. Page 3, by inserting before line 17 the 5 following: 6 " . Page 19, line 5, by inserting after the 7 word "service." the following: 8 "The department of workforce development shall 9 consult with all noncontract covered employees, or in 10 the case of contract covered employees, the exclusive 11 bargaining representative for those employees, 12 concerning job classification plans or other job- 13 related matters pertaining to the department."" 14 7. By renumbering, relettering, or redesignating 15 and correcting internal references as necessary. The motion prevailed and the House concurred in the Senate amendment H-6044, to the House amendment. Nelson of Marshall 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. 2409) The ayes were, 96: Arnold Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon 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 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 Schrader Schulte Shoultz Siegrist Sukup Taylor Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 4: Baker Brammer Larson Salton The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. SENATE AMENDMENT FURTHER CONSIDERED The House resumed consideration of House File 2234, a bill for an act relating to exempting certain nonresident aliens from land ownership restrictions, previously deferred and the Senate amendment H-6041, found on page 1879 of the House Journal, pending. Weigel of Chickasaw offered the following amendment H-6045, to the Senate amendment H-6041, filed by him from the floor and moved its adoption: H-6045 1 Amend the Senate amendment, H-6041, to House File 2 2234, as passed by the House, as follows: 3 1. Page 1, line 39, by striking the figure "1998" 4 and inserting the following: "1997". Amendment H-6045 lost. Weigel of Chickasaw asked and received unanimous consent to withdraw amendment H-6046, to the Senate amendment H-6041, filed by him from the floor. Rants of Woodbury in the chair at 11:28 a.m. On motion by Hammitt Barry of Harrison, the House concurred in the Senate amendment H-6041. Hammitt Barry of Harrison 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. 2234) The ayes were, 85: Bell Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Daggett Dinkla Disney Doderer Drake Eddie Ertl Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kremer Lamberti Larkin Lord Main Martin Mascher McCoy Metcalf Meyer Millage Moreland Mundie Murphy Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus Renken Schrader Schulte Shoultz Siegrist Taylor Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Rants, Presiding The nays were, 11: Arnold Bernau Burnett Drees Fallon Garman Kreiman May Mertz Myers Sukup Absent or not voting, 4: Baker Brammer Larson Salton The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House File 2234 and Senate File 2409. On motion by Siegrist of Pottawattamie, the House was recessed at 11:40 a.m., until 2:00 p.m. AFTERNOON SESSION The House reconvened at 2:00 p.m., Speaker Corbett in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed eighty-six members present, fourteen absent. Speaker pro tempore Van Maanen of Marion in the chair at 2:28 p.m. The House stood at ease at 2:43 p.m., until the fall of the gavel. The House resumed session at 4:40 p.m., Speaker Corbett in the chair. LEAVE OF ABSENCE Leave of absence was granted as follows: Cataldo of Polk, for the remainder of the day, on request of Schrader of Marion. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed seventy-six members present, twenty-four absent. CONSIDERATION OF BILLS SENATE AMENDMENT CONSIDERED Jacobs of Polk called up for consideration House File 2387, a bill for an act relating to the office of secretary of state and the conduct of elections and voter registration in the state and relating to corrective and technical changes to Iowa's election laws, and providing an effective date, amended by the Senate amendment H-6042 as follows: H-6042 1 Amend House File 2387 as amended, passed, and 2 reprinted by the House as follows: 3 1. By striking page 7, line 34, through page 8, 4 line 6. 5 2. Page 22, by striking lines 24 through 31. 6 3. Page 27, by inserting after line 25 the 7 following: 8 "Sec. ___. Section 49.104, Code 1995, is amended 9 by adding the following new subsection: 10 NEW SUBSECTION. 7. Any person authorized by the 11 commissioner, in consultation with the secretary of 12 state, for the purposes of conducting and attending 13 educational voting programs for youth." 14 4. Page 32, by striking lines 15 through 32 and 15 inserting the following: 16 "Sec. ___. Section 53.11, unnumbered paragraph 2, 17 Code 1995, is amended to read as follows: 18 Satellite absentee voting stations shall be 19 established throughout the cities and county at the 20 direction of the commissioner or upon receipt of a 21 petition signed by not less than one hundred eligible 22 electors requesting that a satellite absentee voting 23 station be established at a location to be described 24 on the petition. If the petition does not describe a 25 location, the commissioner shall locate the station in 26 an area chosen by the commissioner, which area shall 27 be accessible to the general public, heavily travelled 28 by pedestrians, and not already utilized for the 29 purpose of casting absentee ballots. A petition 30 requesting a satellite absentee voting station must be 31 filed no later than five p.m. on theeleventh32 fifteenth day before the election. A satellite 33 absentee voting station established by petition must 34 be openat least one day from eight a.m. until five35p.m.at times chosen by the commissioner, which times 36 shall be those determined by the commissioner to be 37 most conducive to collecting a large number of 38 absentee ballots. A satellite absentee voting station 39 established at the direction of the commissioner or by 40 petition may remain open untilfiveseven p.m. on the 41 day before the election. 42 Sec. ___. Section 53.13, Code 1995, is amended to 43 read as follows: 44 53.13 VOTER'S AFFIDAVIT ON ENVELOPE. 45 On the unsealed envelope shall be printed an 46 affidavit form prescribed by the state commissioner of 47 elections and a notice, in large type and bold print, 48 informing the voter that the ballot is not valid 49 unless the affidavit is signed by the voter. 50 Sec. ___. Section 53.17, subsection 1, Code 1995, Page 2 1 is amended to read as follows: 2 1. The sealed carrier envelope may be delivered by 3 the registered voter or the voter's designee to the 4 commissioner's office no later than the time the polls 5 are closed on election day. The commissioner shall 6 provide a secure location or secure method for receipt 7 of completed absentee ballots on a twenty-four-hour-a- 8 day basis. A ballot received in this manner is 9 considered to have been delivered to the 10 commissioner's office." 11 5. Page 33, by inserting after line 11 the 12 following: 13 "Sec. ___. Section 53.38, Code 1995, is amended to 14 read as follows: 15 53.38 AFFIDAVIT CONSTITUTES REGISTRATION. 16 Whenever a ballot is requested pursuant to section 17 53.39 or 53.45 on behalf of a voter in the armed 18 forces of the United States, the affidavit upon the 19 ballot envelope of such voter or a completed federal 20 postcard registration and absentee ballot request, if 21 the voter is found to be an eligible elector of the 22 county to which the ballot is submitted, shall 23 constitute a sufficient registration under the 24 provisions of chapter 48A and the commissioner shall 25 place the voter's name on the registration record as a 26 registered voter, if it does not already appear 27 there." 28 6. Page 33, by inserting after line 11 the 29 following: 30 "Sec. ___. Section 53.44, unnumbered paragraph 1, 31 Code 1995, is amended to read as follows: 32 The affidavit on the envelope used in connection 33 with voting by absentee ballot under this division by 34 members of the armed forces of the United States need 35 not be notarized or witnessed, but the affidavit on 36 the ballot envelope shall be completed and signed by 37 the voter. The envelope shall also contain a notice, 38 in large type and bold print, informing the voter that 39 the ballot is not valid unless the affidavit is signed 40 by the voter." 41 7. Page 33, by inserting after line 27 the 42 following: 43 "Sec. ___. Section 56.6, subsection 1, paragraphs 44 c and d, Code Supplement 1995, are amended to read as 45 follows: 46 c. A candidate's committee for a candidate for the 47 general assembly at a special election for which the 48 governor is required to give not less than forty days' 49 notice under section 69.14 shall file a report by the 50 fourteenth day prior to the special election which is Page 3 1 current through the nineteenth day prior to the 2 special election. A candidate's committee for a 3 candidate for the general assembly at a special 4 election for which the governor is required to give 5 not less than eighteen days' notice under section 6 69.14 shall file a report five days prior to the 7 election, that shall be current as of five days prior 8 to the filing deadline. Any report filed pursuant to 9 this paragraph shall be timely filed, or mailed 10 bearing a United States postal service postmark dated 11 on or before the due date. 12 d.CommitteesThe following committees shall file 13 their first reports five days prior to any election in 14 which the ballot contains the name of the candidate or 15 the local ballot issue which the committee supports or 16 opposes: 17 (1) A candidate's committee for municipal and 18 school elective officesand. 19 (2) A candidate's committee for a county elective 20 office at a special election. 21 (3) Political committees for local ballot issues 22shall file their first reports five days prior to any23election in which the name of the candidate or the24local ballot issue which they support or oppose25appears on the printed ballot and. 26 These committees shall file their next report on 27 the first day of the month following the final 28 election in a calendar year in which the candidate's 29 name or the ballot issue appears on the ballot.A30committee supporting or opposing a candidate for a31municipal or school elective office or a local ballot32issueThese committees shallalsootherwise file 33 disclosure reports on the nineteenth day of January 34 and October of each year in which the candidate or 35 ballot issue does not appear on the ballot and on the 36 nineteenth day of January, May, and July of each year 37 in which the candidate or ballot issue appears on the 38 ballot, until the committee dissolves.These reports39 However, a candidate's committee for a county elective 40 office at a special election shall file its regular 41 disclosure reports as provided in paragraph "a". 42 Any report filed pursuant to this lettered 43 paragraph shall be current to five days prior to the 44 filing deadline andare consideredshall be timely 45 filed,ifor mailed bearing a United States postal 46 service postmark on or before the due date.". 47 8. Page 33, by inserting after line 27 the 48 following: 49 "Sec. ___. Section 56.40, Code 1995, is amended to 50 read as follows: Page 4 1 56.40 CAMPAIGN FUNDS. 2 1. As used in this division, "campaign funds" 3 means contributions to a candidate or candidate's 4 committee which are required by this chapter to be 5 deposited in a separate campaign account. 6 2. A candidate's committee shall not accept 7 contributions from any other candidate's committee 8 including candidate's committees from other states or 9 for federal office, unless the candidate for whom each 10 committee is established is the same person and the 11 contributing committee has not made expenditures or 12 received contributions prohibited by the provisions of 13 this chapter. For purposes of this section, 14 "contributions" does not mean travel costs incurred by 15 a candidate in attending a campaign event of another 16 candidate. 17 3. This section shall not be construed to prohibit 18 a candidate or candidate's committee from using 19 campaign funds or accepting contributions for tickets 20 to meals if the candidate attends solely for the 21 purpose of enhancing the person's candidacy or the 22 candidacy of another person." 23 9. Page 38, by inserting after line 4 the 24 following: 25 "Sec. ___. Section 331.302, Code 1995, is amended 26 by adding the following new subsection: 27 NEW SUBSECTION. 16. The summary of a proposed 28 ordinance containing a zoning regulation, restriction, 29 or boundary shall be published prior to its first 30 consideration by the board of supervisors. After the 31 summary has been published and before the meeting at 32 which the ordinance is to be finally passed, the board 33 on its motion may direct the commissioner of elections 34 to conduct a referendum on the question of whether the 35 registered voters of the unincorporated area of the 36 county favor passage of the ordinance by the board of 37 supervisors. The results of the referendum are 38 binding on any further action of the board pertaining 39 to the ordinance." 40 10. Page 40, by inserting after line 25 the 41 following: 42 "Sec. ___. INTERIM STUDY COMMITTEE. The 43 legislative council is requested to appoint a 44 legislative study committee to meet during the 1996 45 legislative interim and make recommendations regarding 46 the feasibility of expanding the state's participation 47 in registering persons to vote and in processing 48 changes to voter registration on a statewide basis. 49 The committee should also study the feasibility of 50 expanding the current statutory provision which allows Page 5 1 voters to change their current voter registration on 2 election day and of allowing persons to register to 3 vote on election day. 4 Sec. ___. APPLICABILITY. The amendments to 5 sections 53.13 and 53.44 apply to absentee ballot 6 envelopes used on or after the effective date of the 7 amendments to those sections in this Act. However, a 8 county commissioner may continue to use those absentee 9 ballot envelopes in the county commissioner's 10 possession on the effective date of the amendments to 11 those sections in this Act, and until that supply is 12 depleted, notwithstanding the notice of signature 13 requirement in sections 53.13 and 53.44." 14 11. Page 40, line 28, by striking the figure 15 "49.16,". 16 12. Page 40, line 29, by striking the figure 17 "53.2,". 18 13. By renumbering, relettering, or redesignating 19 and correcting internal references as necessary. Jacobs of Polk offered the following amendment H-6052, to the Senate amendment H-6042, filed by her from the floor and moved its adoption: H-6052 1 Amend the Senate amendment, H-6042, to House File 2 2387, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 2, line 5, by striking the word "shall" 5 and inserting the following: "may". Amendment H-6052 was adopted. Jacobs of Polk offered the following amendment H-6051, to the Senate amendment H-6042, filed by her from the floor and moved its adoption: H-6051 1 Amend the Senate amendment, H-6042, to House File 2 2387, as amended, passed, and reprinted by the House, 3 as follows: 4 1. By striking page 3, line 47, through page 4, 5 line 22. Amendment H-6051 was adopted. On motion by Jacobs of Polk, the House concurred in the Senate amendment H-6042, as amended. Jacobs of Polk moved that the bill, as amended by the Senate, further amended and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2387) The ayes were, 95: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Churchill Cohoon Connors Coon 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 Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Osterhaus Rants Renken Schrader Schulte Shoultz Siegrist Sukup Taylor Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 5: Brammer Cataldo Larson Moreland Salton 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 2387 be immediately messaged to the Senate. LEAVE OF ABSENCE Leave of absence was granted as follows: Nelson of Marshall, for the remainder of the day, on request of Siegrist of Pottawattamie. The House stood at ease at 5:02 p.m., until the fall of the gavel. The House resumed session at 5:27 p.m., Speaker Corbett in the chair. ADOPTION OF THE REPORT OF THE CONFERENCE COMMITTEE (House File 2416) Hanson of Black Hawk called up for consideration the report of the conference committee on House File 2416 and moved the adoption of the conference committee report and the amendments contained therein as follows: REPORT OF THE CONFERENCE COMMITTEE ON HOUSE FILE 2416 To the Speaker of the House of Representatives and the President of the Senate: We, the undersigned members of the conference committee appointed to resolve the differences between the House of Representatives and the Senate on House File 2416, a bill for An Act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority and other properly related matters, respectfully make the following report: 1. That the Senate recedes from its amendment, H-5589. 2. That House File 2416, as passed by the House, is amended as follows: 1. By striking everything after the enacting clause and inserting the following: "Section 1. AUDITOR OF STATE. There is appropriated from the general fund of the state to the office of the auditor of state for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 1,344,845 FTEs 112.50 The auditor of state may retain additional full-time equivalent positions as is reasonable and necessary to perform governmental subdivision audits which are reimbursable pursuant to section 11.20 or 11.21, to perform audits which are requested by and reimbursable from the federal government, and to perform work requested by and reimbursable from departments or agencies pursuant to section 11.5A or 11.5B. The auditor of state shall notify the department of management, the legislative fiscal committee, and the legislative fiscal bureau of the additional full-time equivalent positions retained. Sec. 2. IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD. There is appropriated from the general fund of the state to the Iowa ethics and campaign disclosure board for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, for the purposes designated: For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 420,554 FTEs 8.00 Sec. 3. DEPARTMENT OF COMMERCE. There is appropriated from the general fund of the state to the department of commerce for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amounts, or so much thereof as is necessary, for the purposes designated: 1. ADMINISTRATIVE SERVICES DIVISION For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 235,556 FTEs 2.00 It is the intent of the general assembly that the two positions authorized in this subsection for the division shall coordinate the administrative services to be provided to the divisions in the department. These two positions are under the direct supervision of, and shall report to, the director of the department. The division of administrative services shall assess each division within the department of commerce and the office of consumer advocate within the department of justice a pro rata share of the operating expenses of the division of administrative services. The pro rata share shall be determined pursuant to a cost allocation plan established by the division of administrative services and agreed to by the administrators of the divisions and the consumer advocate. To the extent practicable, the cost allocation plan shall be based on the proportion of the administrative expenses incurred on behalf of each division and the office of consumer advocate. Each division and the office of consumer advocate shall include in its charges assessed or revenues generated, an amount sufficient to cover the amount stated in its appropriation, any state assessed indirect costs determined by the department of revenue and finance, and the cost of services provided by the division of administrative services. 2. ALCOHOLIC BEVERAGES DIVISION For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 1,824,481 FTEs 32.50 3. BANKING DIVISION For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 5,506,749 FTEs 84.00 4. CREDIT UNION DIVISION For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 1,076,131 FTEs 20.00 5. INSURANCE DIVISION For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 3,013,049 FTEs 91.50 Of the amounts appropriated in this section to the insurance division, not more than $100,000 shall be used for the regulation of health insurance purchasing cooperatives. The insurance division shall monitor public utilization of the coverages identified in chapter 514C under managed care plans in this state. The insurance division may reallocate authorized full-time equivalent positions as necessary to respond to accreditation recommendations or requirements. The insurance division expenditures for examination purposes may exceed the projected receipts, refunds and reimbursements, estimated pursuant to section 505.7, subsection 7, including the expenditures for retention of additional personnel, if the expenditures are fully reimburseable and the division first does both of the following: a. Notifies the department of management, legislative fiscal bureau, and the legislative fiscal committee of the need for the expenditures. b. Files with each of the entities named in paragraph "a" the legislative and regulatory justification for the expenditures, along with an estimate of the expenditures. 6. PROFESSIONAL LICENSING AND REGULATION DIVISION For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 923,357 FTEs 14.00 7. UTILITIES DIVISION For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 5,227,076 FTEs 79.00 The utilities division may expend additional funds, including funds for additional personnel, if those additional expenditures are actual expenses which exceed the funds budgeted for utility regulation. Before the division expends or encumbers an amount in excess of the funds budgeted for regulation, the director of the department of management shall approve the expenditure or encumbrance. Before approval is given, the director of the department of management shall determine that the regulation expenses exceed the funds budgeted by the general assembly to the division and that the division does not have other funds from which regulation expenses can be paid. Upon approval of the director of the department of management the division may expend and encumber funds for excess regulation expenses. The amounts necessary to fund the excess regulation expenses shall be collected from those utility companies being regulated which caused the excess expenditures, and the collections shall be treated as repayment receipts as defined in section 8.2. Sec. 4. LEGISLATIVE AGENCIES. There is appropriated from the general fund of the state to the following named agencies for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: 1. COMMISSION ON UNIFORM STATE LAWS For support of the commission and expenses of the members: $ 22,741 2. NATIONAL CONFERENCE OF STATE LEGISLATURES For support of the membership assessment: $ 91,427 Sec. 5. DEPARTMENT OF GENERAL SERVICES. There is appropriated from the general fund of the state to the department of general services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: 1. ADMINISTRATION For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 1,188,790 FTEs 31.35 2. INFORMATION SERVICES For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 5,623,195 FTEs 141.60 3. PROPERTY MANAGEMENT For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 3,994,000 FTEs 114.00 In addition to the requirements in section 8.39, the department of general services shall not change the appropriations for the purposes designated in subsections 1 through 3 from the amounts appropriated under those subsections unless notice of the revisions is given prior to their effective date to the legislative fiscal bureau. The notice shall include information on the department's rationale for making the changes. Savings achieved in providing telephone services shall be used by the department of general services to increase efficiencies in the provision of those services. The department of general services shall report not later than August 31, 1997, on the projects undertaken to the chairpersons and the ranking members of the joint appropriations subcommittee on administration and regulation and to the legislative fiscal bureau. The report shall include a listing of the projects and efficiencies undertaken during the fiscal year, the cost of each project, and the benefits, including the projected savings on an annual basis and for the life of the efficiency improvement. There is appropriated from the rebuild Iowa infrastructure fund to the property management division of the department of general services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the sum of $50,000, or so much thereof as is necessary, to be used for purposes provided in this subsection. 4. CAPITOL PLANNING COMMISSION For expenses of the members in carrying out their duties under chapter 18A: $ 2,000 5. RENTAL SPACE For payment of lease or rental costs of buildings and office space at the seat of government as provided in section 18.12, subsection 9, notwithstanding section 18.16: $ 656,104 6. UTILITY COSTS For payment of utility costs and for not more than the following full-time equivalent positions: $ 2,000,444 FTEs 1.00 The department of general services may use funds appropriated in this subsection for utility costs to fund energy conservation projects in the state capitol complex which will have a 100 percent payback within a 24-month period. In addition, notwithstanding sections 8.33 and 18.12, subsection 11, any excess funds appropriated for utility costs in this subsection shall not revert to the general fund of the state on June 30, 1997, and these funds shall be used for implementation of energy conservation projects having a payback of 100 percent within a two-year to six-year period. The department of general services shall report not later than August 31, 1997, on the projects having 100 percent payback within a six-year period to the chairpersons and ranking members of the joint appropriations subcommittee on administration and regulation and to the legislative fiscal bureau. The report shall include a listing of the projects undertaken, the cost of each project, and the projected savings on an annual basis and for the life of the project. 7. TERRACE HILL OPERATIONS For salaries, support, maintenance, and miscellaneous purposes necessary for the operation of Terrace Hill and for not more than the following full-time equivalent positions: $ 188,701 FTEs 4.00 Sec. 6. REVOLVING FUNDS. There is appropriated from the designated revolving funds to the department of general services for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: 1. CENTRALIZED PRINTING From the centralized printing permanent revolving fund established by section 18.57 for salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 932,915 FTEs 26.05 2. CENTRALIZED PRINTING - REMAINDER The remainder of the centralized printing permanent revolving fund is appropriated for the expense incurred in supplying paper stock, offset printing, copy preparation, binding, distribution costs, original payment of printing and binding claims and contingencies arising during the fiscal year beginning July 1, 1996, and ending June 30, 1997, which are legally payable from this fund. 3. CENTRALIZED PURCHASING From the centralized purchasing permanent revolving fund established by section 18.9 for salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 816,123 FTEs 17.05 4. CENTRALIZED PURCHASING - REMAINDER The remainder of the centralized purchasing permanent revolving fund is appropriated for the payment of expenses incurred through purchases by various state departments and for contingencies arising during the fiscal year beginning July 1, 1996, and ending June 30, 1997, which are legally payable from this fund. 5. VEHICLE DISPATCHER From the vehicle dispatcher revolving fund established by section 18.119 for salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 627,701 FTEs 15.00 6. VEHICLE DISPATCHER - REMAINDER The remainder of the vehicle dispatcher revolving fund is appropriated for the purchase of gasoline, gasohol, oil, tires, repairs, and all other maintenance expenses incurred in the operation of state-owned motor vehicles and for contingencies arising during the fiscal year beginning July 1, 1996, and ending June 30, 1997, which are legally payable from this fund. The vehicle dispatcher shall report, not later than February 15, 1997, to the chairpersons and the ranking members of the joint appropriations subcommittee on administration and regulation and to the legislative fiscal bureau regarding the efficiencies of the vehicle fleet and the changes in the efficiencies. The report shall include the cost per mile, fuel efficiencies, maintenance costs, useful life, the costs of extending the useful life, and other measures which the vehicle dispatcher or the legislative fiscal bureau finds appropriate. The information shall be reported for each general type of vehicle. The overhead costs shall also be reported with the total costs of the vehicle dispatcher operations. The department of general services shall report to the chairpersons and ranking members of the joint appropriations subcommittee on administration and regulation and the legislative fiscal bureau not later than February 15, 1997, a comparison of the performance of vehicles burning an 85 percent ethanol mixture and those burning a 10 percent ethanol mixture. The report shall include, but is not limited to, average mileage, vehicle life, and problems encountered. Sec. 7. GOVERNOR AND LIEUTENANT GOVERNOR. There is appropriated from the general fund of the state to the offices of the governor and the lieutenant governor for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: 1. GENERAL OFFICE For salaries, support, maintenance, and miscellaneous purposes for the general office of the governor and the general office of the lieutenant governor, and for not more than the following full-time equivalent positions: $ 1,145,681 FTEs 17.25 2. TERRACE HILL QUARTERS For salaries, support, maintenance, and miscellaneous purposes for the governor's quarters at Terrace Hill, and for not more than the following full-time equivalent positions: $ 67,254 FTEs 2.00 3. ADMINISTRATIVE RULES COORDINATOR For salaries, support, maintenance, and miscellaneous purposes for the office of administrative rules coordinator, and for not more than the following full-time equivalent positions: $ 111,781 FTEs 3.00 4. NATIONAL GOVERNORS' ASSOCIATION For payment of Iowa's membership in the national governors' association: $ 62,435 Sec. 8. DEPARTMENT OF INSPECTIONS AND APPEALS. There is appropriated from the general fund of the state to the department of inspections and appeals for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amounts, or so much thereof as is necessary, for the purposes designated: 1. FINANCE AND SERVICES DIVISION For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 495,682 FTEs 21.00 2. AUDITS DIVISION For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 372,432 . FTEs 11.00 3. APPEALS AND FAIR HEARINGS DIVISION For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 170,823 FTEs 24.50 4. INVESTIGATIONS DIVISION For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 756,040 FTEs 35.00 5. HEALTH FACILITIES DIVISION For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 1,797,191 FTEs 103.00 It is the intent of the general assembly that $120,000 and 2 FTEs included in this subsection shall be used for additional inspections of state-licensed residential care facilities only. 6. INSPECTIONS DIVISION For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 600,210 FTEs 13.00 7. EMPLOYMENT APPEAL BOARD For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 33,181 FTEs 14.00 The employment appeal board shall be reimbursed by the labor services division of the department of employment services for all costs associated with hearings conducted under chapter 91C, related to contractor registration. The board may expend, in addition to the amount appropriated under this subsection, additional amounts as are directly billable to the labor services division under this subsection and to retain the additional full-time equivalent positions as needed to conduct hearings required pursuant to chapter 91C. 8. STATE FOSTER CARE REVIEW BOARD For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 547,579 FTEs 13.00 The department of human services, in coordination with the state foster care review board and the department of inspections and appeals, shall submit an application for funding available pursuant to Title IV-E of the federal Social Security Act for claims for state foster care review board administrative review costs. The department of inspections and appeals shall provide an accounting of all costs associated with negotiating agreements and compacts pursuant to section 10A.104, subsection 10, and all costs associated with monitoring such agreements and compacts. Information in the accounting shall include the dates and destinations of all travel related to the negotiations and monitoring, and all costs associated with the personnel involved, including salary, travel, and support costs. The department of inspections and appeals may charge state departments, agencies, and commissions for services rendered and the payment received shall be considered repayment receipts as defined in section 8.2. Notwithstanding section 8.33, any funds remaining from the funds appropriated to the state foster care review board for the fiscal year beginning July 1, 1995, pursuant to 1995 Iowa Acts, chapter 219, shall not revert until August 31, 1998. Any such funds remaining shall be used by the state foster care review board for program operations during the fiscal years beginning July 1, 1996, and ending June 30, 1998. Sec. 9. RACETRACK REGULATION. There is appropriated from the general fund of the state to the racing and gaming commission of the department of inspections and appeals for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For salaries, support, maintenance, miscellaneous purposes, for the regulation of pari-mutuel racetracks, and for not more than the following full-time equivalent positions: $ 1,789,375 FTEs 24.07 It is the intent of the general assembly that the state racing and gaming commission may expend funds during the fiscal year beginning July 1, 1996, and ending June 30, 1997, as approved by the department of management, for regulation of live and simultaneously telecast pari-mutuel racing at the Waterloo greyhound park if the national cattle congress is issued a license from the state racing and gaming commission for the conduct of pari-mutuel racing. Sec. 10. EXCURSION BOAT REGULATION. There is appropriated from the general fund of the state to the racing and gaming commission of the department of inspections and appeals for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For salaries, support, maintenance, and miscellaneous purposes for administration and enforcement of the excursion boat gambling laws, and for not more than the following fulltime equivalent positions: $ 1,128,828 FTEs 23.79 It is the intent of the general assembly that the racing and gaming commission shall only employ additional full-time equivalent positions for riverboat gambling enforcement as authorized by the department of management as needed for enforcement on new riverboats. If more than nine riverboats are operating during the fiscal year beginning July 1, 1996, and ending June 30, 1997, the commission may expend no more than $84,917 for no more than 2 FTEs for each additional riverboat in excess of nine. The additional expense associated with the positions shall be paid from fees assessed by the commission as provided in chapter 99F. Notwithstanding section 8.39, funds shall not be transferred to the department of inspections and appeals which would be used for monitoring Indian gaming. Sec. 11. USE TAX APPROPRIATION. There is appropriated from the use tax receipts collected pursuant to section 423.7 prior to their deposit in the road use tax fund pursuant to section 423.24, subsection 1, to the appeals and fair hearings division of the department of inspections and appeals for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, for the purposes designated: For salaries, support, maintenance, and miscellaneous purposes: $ 1,012,835 Sec. 12. DEPARTMENT OF MANAGEMENT. There is appropriated from the general fund of the state to the department of management for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: 1. GENERAL OFFICE For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 2,073,779 FTEs 30.00 2. LAW ENFORCEMENT TRAINING REIMBURSEMENTS For reimbursement to local law enforcement agencies for the training of officers who resign pursuant to section 384.15, subsection 7: $ 47,500 3. COUNCIL OF STATE GOVERNMENTS For support of the membership assessment: $ 75,500 Sec. 13. ROAD USE TAX APPROPRIATION. There is appropriated from the road use tax fund to the department of management for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For salaries, support, maintenance, and miscellaneous purposes: $ 56,000 The department of management shall report to the chairpersons and ranking members of the senate and house committees on appropriations, the chairpersons and ranking members of the joint appropriations subcommittee on administration and regulation, and the legislative fiscal bureau, the number of furloughs and the number of layoffs that occur in each state agency, the savings associated with those furloughs and layoffs, the effect of the furloughs and layoffs on services provided by the state agency, and other relevant information. The department shall provide a year-end report summarizing the information for the fiscal year beginning July 1, 1996, which will be due by September 1, 1997. When addressing staffing targets for state agencies, the department of management shall state the number of staff authorized for a state agency in terms of full-time equivalent positions. Sec. 14. DEPARTMENT OF PERSONNEL. There is appropriated from the general fund of the state to the department of personnel for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amounts, or so much thereof as is necessary, to be used for the purposes designated including the filing of quarterly reports as required in this section: 1. OPERATIONS For salaries, support, maintenance, and miscellaneous purposes for the director's staff, information services, data processing, and financial services, and for not more than the following full-time equivalent positions: $ 992,321 FTEs 17.08 2. PROGRAM DELIVERY SERVICES For salaries for personnel services, employment law and labor relations and training for not more than the following full-time equivalent positions: $ 1,292,434 FTEs 33.20 3. PROGRAM ADMINISTRATION AND DEVELOPMENT For salaries for employment, compensation, and benefits and workers' compensation and for not more than the following fulltime equivalent positions: $ 1,511,191 FTEs 34.80 Any funds received by the department for workers' compensation purposes other than the funds appropriated in subsection 3 shall be used only for the payment of workers' compensation claims. The funds for support, maintenance, and miscellaneous purposes for personnel assigned to program delivery under subsection 2 and program administration and development under subsection 3 are payable from the appropriation made in subsection 1. The department of personnel shall report semi-annually to the chairpersons and ranking members of the joint appropriations subcommittee on administration and regulation concerning the number of vacancies in existing full-time equivalent positions and the average time taken to fill the vacancies. The reports shall include quarterly and annual averages organized according to state agency and general occupational category as established by the federal equal employment opportunity commission. All departments and agencies of the state shall cooperate with the department in the preparation of the reports. The department of personnel shall report annually to the chairpersons and ranking members of the joint appropriations subcommittee on administration and regulation concerning the number of private consultant contracts of one year or more which are entered into or extended each year by the departments and agencies of the state. All departments and agencies of the state shall cooperate with the department in the preparation of this report. The department of personnel shall submit, annually, a report to the chairpersons and ranking members of the joint appropriations subcommittee on administration and regulation and to the legislative fiscal bureau regarding the results of the state's top achievement recognition program. The reports submitted shall include, but are not limited to, identification of the recipients, a description of the meritorious achievements, and the awards conferred. Sec. 15. IPERS. There is appropriated from the Iowa public employees' retirement system fund to the department of personnel for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purposes designated: 1. For salaries, support, maintenance, and other operational purposes to pay the costs of the Iowa public employees' retirement system: $ 4,368,900 2. It is the intent of the general assembly that the Iowa public employees' retirement system employ sufficient staff within the appropriation provided in this section to meet the developing requirements of the investment program. Sec. 16. PRIMARY ROAD FUND APPROPRIATION. There is appropriated from the primary road fund to the department of personnel for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For salaries, support, maintenance, and miscellaneous purposes to provide personnel services for the state department of transportation: $ 358,671 Sec. 17. ROAD USE TAX FUND APPROPRIATION. There is appropriated from the road use tax fund to the department of personnel for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For salaries, support, maintenance, and miscellaneous purposes to provide personnel services for the state department of transportation: $ 58,388 Sec. 18. STATE WORKERS' COMPENSATION CLAIMS. There is appropriated from the general fund of the state to the department of personnel for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For distribution, subject to approval of the department of management, to various state departments to fund the premiums for paying workers' compensation claims which are assessed to and collected from the state department by the department of personnel based upon a rating formula established by the department of personnel: $ 5,884,740 The premiums collected by the department of personnel shall be segregated into a separate workers' compensation fund in the state treasury to be used for payment of state employees' workers' compensation claims. Notwithstanding section 8.33, unencumbered or unobligated moneys remaining in this workers' compensation fund at the end of the fiscal year shall not revert but shall be available for expenditure for purposes of the fund for subsequent fiscal years. Sec. 19. DEPARTMENT OF REVENUE AND FINANCE. There is appropriated from the general fund of the state to the department of revenue and finance for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amounts, or so much thereof as is necessary, to be used for the purposes designated, and for not more than the following full-time equivalent positions used for the purposes designated in subsections 1 through 3: FTEs 576.43 1. COMPLIANCE For salaries, support, maintenance, and miscellaneous purposes: $ 10,789,038 2. STATE FINANCIAL MANAGEMENT For salaries, support, maintenance, and miscellaneous purposes: $ 9,717,637 3. INTERNAL RESOURCES MANAGEMENT For salaries, support, maintenance, and miscellaneous purposes: $ 6,025,904 4. COLLECTION COSTS AND FEES For payment of collection costs and fees pursuant to section 422.26: $ 45,000 5. a. In addition to the requirements in section 8.39, the department of revenue and finance shall not change the appropriations for the purposes designated in subsections 1 through 3 from the amounts appropriated in those subsections unless notice of the revisions is given prior to their effective date to the legislative fiscal bureau. The notice shall include information on the department's rationale for making the changes. b. The department of revenue and finance shall report quarterly to the legislative fiscal bureau concerning progress in the implementation of generally accepted accounting principles, including determination of reporting entities, fund classifications, modification of the Iowa financial accounting system, progress on preparing a comprehensive annual financial report, and the most current estimate of the general fund balance based on current generally accepted accounting principles. c. The director of revenue and finance shall report annually to the chairpersons and ranking members of the joint appropriations subcommittee on administration and regulation and the legislative fiscal bureau on the implementation and financial status of the integrated revenue information system. The report shall include any changes from the scheduled progress including expenditures or estimated revenue. d. The director of revenue and finance shall prepare and issue a state appraisal manual and the revisions to the state appraisal manual as provided in section 421.17, subsection 18, without cost to a city or county. Sec. 20. LOTTERY. There is appropriated from the lottery fund to the department of revenue and finance for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For salaries, support, maintenance, miscellaneous purposes for the administration and operation of lottery games, and for not more than the following full-time equivalent positions: $ 7,494,998 FTEs 120.00 Sec. 21. MOTOR VEHICLE FUEL TAX APPROPRIATION. There is appropriated from the motor vehicle fuel tax fund created by section 452A.77 to the department of revenue and finance for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For salaries, support, maintenance, and miscellaneous purposes for administration and enforcement of the provisions of chapter 452A and the motor vehicle use tax program: $ 1,034,482 Sec. 22. SECRETARY OF STATE. There is appropriated from the general fund of the state to the office of the secretary of state for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: 1. ADMINISTRATION AND ELECTIONS For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 368,508 FTEs 5.00 2. BUSINESS SERVICES For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 1,745,502 FTEs 32.00 Sec. 23. STATE-FEDERAL RELATIONS. There is appropriated from the general fund of the state to the office of statefederal relations for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 240,172 FTEs 3.00 Sec. 24. TREASURER. There is appropriated from the general fund of the state to the office of treasurer of state for the fiscal year beginning July 1, 1996, and ending June 30, 1997, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For salaries, support, maintenance, miscellaneous purposes, and for not more than the following full-time equivalent positions: $ 902,594 FTEs 27.80 The office of treasurer of state shall supply clerical and secretarial support for the executive council. Sec. 25. SURCHARGE FOR THE SECOND INJURY FUND - TASK FORCE. 1. For the fiscal period commencing on the effective date of this section and ending June 30, 1997, the treasurer of state may assess a surcharge on workers' compensation weekly benefits paid in the state during the fiscal year commencing July 1, 1994. The surcharge is payable by all self-insured employers making weekly benefit payments and all insurers making weekly benefit payments on behalf of insured employers. The surcharge applies to all workers' compensation insurance policies and self-insurance coverages of employers approved for self-insurance by the commissioner of insurance pursuant to section 87.4 or 87.11, and to the state of Iowa, its departments, divisions, agencies, commissions, and boards, or any political subdivision coverages whether insured or selfinsured. The surcharge shall not apply to any reinsurance or retrocessional transaction under section 520.4 or 520.9. The treasurer of state shall base the surcharge for each payor upon the payor's pro rata share of weekly benefits paid in the state during the fiscal year commencing July 1, 1994. The treasurer may use reports of weekly benefits paid derived from the last completed policy or reporting year, or other consistent allocation methodology. The surcharge is collectable by an insurer or from its policyholders if the insured employer fails to pay the insurer. An insurance carrier, its agent, or a third-party administrator shall not be entitled to any portion of the surcharge as a fee or commission for its collection. The surcharge is not subject to any taxes, licenses, or fees. The surcharge is not deemed to be an assessment or tax, but shall be deemed an additional benefit paid for injuries compensable under the second injury fund. However, the treasurer of state shall not collect over $870,000 in assessing the surcharge. 2. a. A second injury task force is created. The task force shall consist of representatives of business and labor appointed by the industrial commissioner who shall serve as chairperson of the task force. The task force shall study issues relating to the second injury fund including, but not limited to, the following: (1) The role and purpose of the second injury fund within the workers compensation system. (2) The source of funding for administrative expenses. (3) The need for continuation of the second injury fund. (4) The continuation of the surcharge imposed by this section. b. The second injury task force shall complete its study and submit its recommendations to the chairpersons and ranking members of the standing committee on business and labor and the standing committee on labor and industrial relations of the general assembly by January 15, 1997. c. The second injury task force is abolished upon submission of its report and recommendations to the general assembly as provided in this subsection. 3. The surcharges collected pursuant to this section shall be deposited in the second injury fund. 4. The administrative costs and expenses incurred by the treasurer of state, the attorney general, the second injury fund, or the department of revenue and finance, in connection with the second injury fund, may be paid from the fund to the extent authorized by 1995 Iowa Acts, chapter 219, section 25, and this section. However, the payment of administrative costs and expenses incurred by the treasurer of state, the attorney general, the second injury fund, and the department of revenue and finance, as authorized in this subsection, shall only be permitted for administrative costs and expenses incurred in the fiscal year commencing July 1, 1996, and ending June 30, 1997, and shall not exceed $170,000. 5. An insurer or self-insurer shall pay a surcharge imposed by this section no later than thirty days following the assessment. 6. a. If an insurer, policyholder, or self-insurer withdraws from doing business in this state before the surcharges authorized by this section become due, or fails or neglects to pay the surcharge imposed, the treasurer of state shall at once proceed to collect the surcharge, and may employ such legal process as may be necessary for that purpose, and when so collected shall deposit the surcharge into the second injury fund. The treasurer may bring the suit in any court of this state having jurisdiction, and reasonable attorney's fees may be taxed as costs in the suit. b. If the surcharges imposed by this section are not paid or transferred when due, the insurer, policyholder, or selfinsurer responsible for the failure shall be required to pay, as part of the surcharge, interest on the surcharge at the rate of one and one-half percent per month for each month or fraction of a month delinquent. If the treasurer of state prevails in any dispute concerning the assessment of a surcharge which has not been paid or transferred, interest shall be paid upon the amount found due to the state at the rate of one and one-half percent per month for each month or fraction of a month delinquent. c. An insurer is not liable for a surcharge which is not paid to the insurer by the policyholder or employer provided the insurer has made good faith efforts to collect the surcharge from the policyholder or employer. An insurance carrier shall report to the treasurer of state a policyholder or employer who fails to pay a surcharge within thirty days of its due date. d. In any action concerning the amount of a surcharge imposed by this section, any other surcharge shall continue to be made based upon the amount assessed by the treasurer of state. In the event of an overpayment, the excess amount paid may be credited against future payments otherwise due. e. An employer who fails to pay the surcharges imposed under this section shall not be allowed to purchase workers' compensation insurance coverage or to renew a self-insurance authorization unless and until the surcharge has been paid. 7. For the purposes of this section, "insurer" includes a self-insurance group approved by the commissioner of insurance pursuant to section 87.4. Sec. 26. IMPLEMENTATION OF FUNDING REDUCTIONS - INTENT OF GENERAL ASSEMBLY. It is the intent of the general assembly that the departments, agencies, and offices of the executive department of state government shall implement funding reductions through organizational changes which reduce supervisory positions, vertically and horizontally, and increase the span of control of the remaining supervisors as recommended by the governor's committee on government spending reform. Sec. 27. ELIMINATION OF VACANT UNFUNDED JOBS. The state departments, agencies, or offices receiving appropriations under this Act shall eliminate, within thirty days after the beginning of a fiscal year, all vacant unfunded positions on the table of organization of the state department, agency, or office. Sec. 28. STATE COMMUNICATIONS NETWORK - REDUCTION OF TRAVEL AND RELATED EXPENSES. The offices of the governor and lieutenant governor, the office of secretary of state, the office of treasurer of state, the auditor of state, the department of commerce, the department of inspections and appeals, the Iowa ethics and campaign disclosure board, the department of general services, the department of management, the department of revenue and finance, and the department of personnel shall use the services of the state communications network as much as possible for interagency communication, meetings, and conferences to reduce travel and related expenses for the respective offices or departments. Sec. 29. REPORT OF ADDITIONAL INCOME AND EXPENDITURES. The state departments, agencies, and offices receiving appropriations under this Act shall report all expenses in excess of the funds appropriated from any statutory revolving funds during the fiscal year beginning July 1, 1995, and ending June 30, 1996. The report shall also include any income and the beginning and ending balances of the revolving funds. The report required pursuant to this section shall be submitted not later than September 30, 1996, for expenditures made during the fiscal year beginning July 1, 1995, and ending June 30, 1996, to the chairpersons and ranking members of the joint appropriations subcommittee on administration and regulation and the legislative fiscal bureau. Sec. 30. STUDY OF LOTTERY INTERNAL OPERATION. 1. The legislative fiscal bureau shall conduct a study of the administrative practices and advertising practices of the state lottery. The legislative fiscal bureau shall report its findings to the legislative fiscal committee, legislative council, and to the interim legislative study committee established pursuant to subsection 2. 2. The legislative council is requested to establish an interim study of the administrative practices and advertising practices of the state lottery. The study committee shall evaluate the information received from the legislative fiscal bureau pursuant to subsection 1 and make recommendations to be submitted to the legislative council and the general assembly in January 1997. Sec. 31. FEDERAL GRANTS. All federal grants to and the federal receipts of agencies appropriated funds under this Act, not otherwise appropriated, are appropriated for the purposes set forth in the federal grants or receipts unless otherwise provided by the general assembly. Sec. 32. Section 99D.11, subsection 6, paragraph b, Code 1995, is amended to read as follows: b. The commission may authorize the licensee to simultaneously telecast within the racetrack enclosure, for the purpose of pari-mutuel wagering, a horse or dog race licensed by the racing authority of another state. It is the responsibility of each licensee to obtain the consent of appropriate racing officials in other states as required by the federal Interstate Horseracing Act of 1978, 15 U.S.C. } 3001-3007, to televise races for the purpose of conducting parimutuel wagering. A licensee may also obtain the permission of a person licensed by the commission to conduct horse or dog races in this state to televise races conducted by that person for the purpose of conducting pari-mutuel racing. However, arrangements made by a licensee to televise any race for the purpose of conducting pari-mutuel wagering are subject to the approval of the commission, and the commission shall select the races to be televised. The races selected by the commission shall be the same for all licensees approved by the commission to televise races for the purpose of conducting pari-mutuel wagering. The commission shall not authorize the simultaneous telecast or televising of and a licensee shall not simultaneously telecast or televise any horse or dog race for the purpose of conducting pari-mutuel wagering unless the simultaneous telecast or televising is done at the racetrack of a licensee that schedules no less than sixty performances of nine live races each day of the season. For purposes of the taxes imposed under this chapter, races televised by a licensee for purposes of pari-mutuel wagering shall be treated as if the races were held at the racetrack of the licensee. Notwithstanding any contrary provision in this chapter, the commission may allow a licensee to adopt the same deductions as those of the pari-mutuel racetrack from which the races are being simultaneously telecast. Sec. 33. Section 321.19, subsection 1, unnumbered paragraph 2, Code Supplement 1995, is amended to read as follows: The department shall furnish, on application, free of charge, distinguishing plates for vehicles thus exempted, which plates except plates on Iowa highway safety patrol vehicles shall bear the word "official" and the department shall keep a separate record. Registration plates issued for Iowa highway safety patrol vehicles, except unmarked patrol vehicles, shall bear two red stars on a yellow background, one before and one following the registration number on the plate, which registration number shall be the officer's badge number. Registration plates issued for a county sheriff's patrol vehicles shall display one seven-pointed gold star followed by the letter "S" and the call number of the vehicle. However, the director of general services or the director of transportation may order the issuance of regular registration plates for any exempted vehicle used by peace officers in the enforcement of the law, persons enforcing chapter 124 and other laws relating to controlled substances, persons in the department of justice, the alcoholic beverages division of the department of commerce, and the department of inspections and appeals who are regularly assigned to conduct investigations which cannot reasonably be conducted with a vehicle displaying "official" state registration plates, and persons in the lottery division of the department of revenue and finance whose regularly assigned duties relating to security or the carrying of lottery tickets cannot reasonably be conducted with a vehicle displaying "official" registration plates. For purposes of sale of exempted vehicles, the exempted governmental body, upon the sale of the exempted vehicle, may issue for in-transit purposes a pasteboard card bearing the words "Vehicle in Transit", the name of the official body from which the vehicle was purchased, together with the date of the purchase plainly marked in at least one-inch letters, and other information required by the department. The in-transit card is valid for use only within forty-eight hours after the purchase date as indicated on the bill of sale which shall be carried by the driver. Sec. 34. EFFECTIVE DATE. Section 25 of this Act, relating to the second injury fund, being deemed of immediate importance, takes effect upon enactment." 2. Title page, line 3, by inserting after the word "authority" the following: ", providing for legislative studies, providing an effective date,". ON THE PART OF THE HOUSE ON THE PART OF THE SENATE DONALD E. HANSON, Chair PATTY JUDGE, Chair MICHAEL CATALDO MERLIN E. BARTZ CHUCK GIPP ROD HALVORSON JERRY MAIN MARY LUNDBY MATT McCOY ALBERT SORENSEN The motion prevailed and the report was adopted. Hanson of Black Hawk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2416) The ayes were, 65: Arnold Bell Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Cormack Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Barry Hanson Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Kremer Lamberti Lord Main Martin McCoy Metcalf Meyer Millage Murphy Nutt Rants Renken Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett The nays were, 29: Baker Bernau Brand Burnett Cohoon Connors Doderer Drees Fallon Harper Koenigs Kreiman Larkin Mascher May Mertz Mundie Myers Nelson, L. O'Brien Ollie Osterhaus Schrader Shoultz Taylor Warnstadt Weigel Wise Witt Absent or not voting, 6: Brammer Cataldo Larson Moreland Nelson, B. Salton The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGE Schrader of Marion asked and received unanimous consent that House File 2416 be immediately messaged to the Senate. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 24, 1996, amended the House amendment, concurred in the House amendment as amended, and passed the following bill in which the concurrence of the House is asked: Senate File 2195, a bill for an act relating to the Iowa communications network by providing for state ownership of a Part III connection and for the connection and support of certain Part III users, making appropriations, and providing effective dates. JOHN F. DWYER, Secretary EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on the afternoon of April 23, 1996. Had I been present, I would have voted "aye" on House File 2500 and Senate File 2399. GARMAN of Story I was necessarily absent from the House chamber on April 23, 1996. Had I been present, I would have voted "aye" on House File 2500, amendment H-6040 to Senate File 2245, Senate Files 2357 and 2399. LARSON of Linn BILLS SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on April 23, 1996, he approved and transmitted to the Secretary of State the following bills: House File 230, an act relating to procedural requirements for the enforcement of certain copyrights. House File 2201, an act relating to defining the practice of dentistry. House File 2432, an act relating to the taxation of payments received by organized health care delivery systems. House File 2448, an act relating to access to criminal history and other records maintained by state agencies. Senate File 259, an act relating to the practice of mortuary science, cremation, and licensing of funeral establishments and providing penalties. Senate File 2097, an act providing a sales, services, and use tax exemption on certain packaging materials used in agricultural, livestock, or dairy production. Senate File 2114, an act relating to the amount of prison time served by persons convicted of certain forcible felonies, by limiting the reduction of sentence for certain forcible felons, providing for a sentencing task force and a departmental study, and making other related changes. Senate File 2201, an act relating to the open enrollment application and implementation process and to instructional support for reorganized school districts. Senate File 2266, an act making transportation-related Code changes including providing for a temporary registration permit, increasing registration fees for certain trailers, and providing an effective date. Senate File 2294, an act creating multidisciplinary community services teams and providing a penalty. Senate File 2413, an act relating to judicial administration, including the definition of a judicial officer, the administrative authority of certain judges within a district, and the retirement age of an associate juvenile judge and associate probate judge. Senate File 2422, an act removing the requirement that a corporation which has adopted a corporate seal affix the seal to all documents affecting real estate executed by the corporation. Senate File 2453, 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. GOVERNOR'S VETO MESSAGE A copy of the following communication was received and placed on file: April 23, 1996 The Honorable Leonard Boswell President of the Senate State Capitol Building L O C A L Dear Mr. President: Senate File 2385, an act relating to appointment and election of state judicial nominating commissioners and providing effective and applicability dates and transition provisions, is hereby disapproved and transmitted to you in accordance with Article III, Section 16, of the Constitution of the State of Iowa. Among the most important decisions a Governor makes is the appointment of judges to our state's highest Courts. The process as it exists in Iowa today requires the Governor to select from recommendations made by the State Judicial Nominating Commission. Broadbased and balanced representation of the members serving on tile Commission is critical to assuring that nominees for the Court of Appeals and the Iowa Supreme Court are among the most experienced and best qualified persons in the state for the positions. Since its creation in 1963, membership of the Commission has included seven public members appointed by the Governor and seven lawyer members elected by the Bar. When created, the a appointment and election of members to the Commission was tied to the Congressional districts existing at the time. The statute provided that one member was to be appointed and elected from each of the seven Congressional districts. Questions have been raised over time about the continued appointment and election of' 14 members, as the number of Congressional districts have been reduced. The Attorney General addressed the issue in an opinion dated March 9, 1971, stating that the number and bounds of the Judicial Commission Districts were established to conform to the then-existing Congressional districts as a matter of convenience in order to provide geographic distribution of the membership. The opinion went on to conclude that there is no relationship whatever between the Congress and the Judicial Commission, therefore, "there is no reason for a subsequent change in distracting for one purpose to carry with it a change for the other purpose." A reduction in the number of appointed members reduces the public's opportunity to be involved in the selection of judges to serve on the state's highest benches. These are the judges who make the final decisions concerning disputes considered by Iowa courts. Public member participation in the selection of these judges gives Iowans some assurance that their decisions will fairly reflect the views and philosophies of the people who appear before them. Reducing the number of public members on the Commission, even though an equal number of lawyer positions are eliminated, dilutes, as well as diminishes, the citizen input so necessary to choosing the best persons to serve in these very important positions. A better way to resolve the confusion caused by the current statute would be to set the number of appointed and elected members at seven each while eliminating all reference to Congressional districts. To do so would avoid the need to shorten the terms of citizens presently serving on the Commission. Action similar to what I am recommending has recently been taken with respect to appointments to both the Corrections Board and Racing and Gaming Commission. This Would be a much simpler and more permanent solution than that proposed in Senate File 2385. For the above reasons, I hereby respectfully disapprove Senate File 2385. Sincerely, Terry E. Branstad Governor PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Forty-one fourth grade students from Stuart-Menlo Elementary School, Menlo, accompanied by Debra Stalter and Rosella Tisl. By Dinkla of Guthrie. Twenty-three fifth grade students from Lakeview Elementary, Centerville, accompanied by Mrs. Murphy. By Kreiman of Davis. Sixty-six fifth grade students from Colfax-Mingo Elementary, Colfax, accompanied by Paula Klosterboer, Anita Schmitt and Kasey Swanson. By Bell of Jasper. 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\529 Dean Gipple, Columbus Junction - For his tireless efforts to enact legislation for the preservation and maintenance of the Pioneer Cemeteries. 1996\530 Erma and Leo Duree, Chariton - For celebrating their Fiftieth wedding anniversary. 1996\531 Elsie and Mose Sager, Centerville - For celebrating their Seventieth wedding anniversary. 1996\532 Alex Geyer, Washington - For winning five 1st place trophies at the State Dance Competition. RESOLUTION FILED SCR 123, by committee on education, a concurrent resolution congratulating Coach Dan Gable and the University of Iowa Hawkeye Wrestling Team for winning the National Collegiate Athletic Association's 1996 team championship. Laid over under Rule 25. AMENDMENTS FILED H-6043 H.F. 428 Senate Amendment H-6047 S.F. 2365 Warnstadt of Woodbury H-6048 S.F. 2365 McCoy of Polk H-6049 S.F. 2365 Warnstadt of Woodbury H-6050 S.F. 2224 Brauns of Muscatine Bradley of Clinton H-6053 S.F. 2195 Senate Amendment On motion by Siegrist of Pottawattamie, the House adjourned at 5:57 p.m., until 10:00 a.m., Thursday, April 25, 1996.
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