Iowa General Assembly Banner


Previous Day: Tuesday, April 23Next Day: Thursday, April 25
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.


House Journal: Wednesday, April 24, 1996

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 the eleventh
32   fifteenth day before the election.  A satellite
33   absentee voting station established by petition must
34   be open at least one day from eight a.m. until five
35   p.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 until five seven 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.  Committees The 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 offices and.
19     (2)  A candidate's committee for a county elective
20   office at a special election.
21     (3)  Political committees for local ballot issues
22   shall file their first reports five days prior to any
23   election in which the name of the candidate or the
24   local ballot issue which they support or oppose
25   appears 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.  A
30   committee supporting or opposing a candidate for a
31   municipal or school elective office or a local ballot
32   issue These committees shall also otherwise
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 reports
39   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 and are considered shall be timely
45   filed, if or 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.

Previous Day: Tuesday, April 23Next Day: Thursday, April 25
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

Return To Home Iowa General Assembly

index Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa


Comments? hjourn@legis.iowa.gov.

Last update: Thu Apr 25 13:30:03 CDT 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/Day/0424.html
jhf