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One hundred ninth Calendar Day - Seventy-second Session Day
Hall of the House of Representatives
Des Moines, Iowa, Thursday, April 25, 1996
The House met pursuant to adjournment at 10:00 a.m., Speaker
Corbett in the chair.
Prayer was sung by Amy Longwill, Senate Page, and her sister
Brianna Longwill, both of Nodaway.
The Journal of Wednesday, April 24, 1996 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Hanson of Black Hawk, on request of Siegrist of Pottawattamie;
Cataldo of Polk, on request of Schrader of Marion.
CONSIDERATION OF BILLS
SENATE AMENDMENT CONSIDERED
Ertl of Dubuque called up for consideration 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, amended by the
House, further amended by the Senate amendment H-6053 to the
House amendment, as follows:
H-6053
1 Amend the House amendment, S-5821, to Senate File
2 2195, as amended, passed, and reprinted by the Senate,
3 as follows:
4 1. By striking page 1, line 5, through page 4,
5 line 20, and inserting the following:
6 ""Section 1. There is appropriated from the
7 general fund of the state to the Iowa communications
8 network fund created in section 8D.14 for the fiscal
9 year beginning July 1, 1996, and ending June 30, 1997,
10 the following amount, or so much thereof as is
11 necessary, to be used for the purpose designated:
12 For debt service:
13 $ 12,754,000
14 Upon the appropriation of the funds in this section
15 to the Iowa communications network fund, the Iowa
16 telecommunications and technology commission shall
17 immediately transfer $12,754,000 of the appropriated
18 amount to a separate fund established in the office of
19 the treasurer of state, to be used solely for debt
20 service for the Iowa communications network. The
21 commission shall certify to the treasurer of state
22 when a debt service payment is due, and upon receipt
23 of the certification the treasurer shall make the
24 payment. The commission shall pay any additional
25 amount due from funds deposited in the Iowa
26 communications network fund.
27 Sec.2. PART III RELATED APPROPRIATIONS.
28 1. PART III AUTHORIZED USERS.
29 a. There is appropriated from the rebuild Iowa
30 infrastructure fund of the state created in section
31 8.57, subsection 5, to the Iowa communications network
32 fund under the control of the Iowa telecommunications
33 and technology commission for the fiscal year
34 beginning July 1, 1996, and ending June 30, 1997, the
35 following amount, or so much thereof as is necessary,
36 to be used for the purpose designated:
37 For the connection of a minimum of 110 Part III
38 authorized users as determined by the commission and
39 communicated to the general assembly:
40 $ 19,600,095
41 b. It is the intent of the general assembly that
42 the connection of the authorized user sites pursuant
43 to this subsection be awarded based upon the Part III
44 contracts executed in 1995.
45 c. It is also the intent of the general assembly
46 that the commission lease DS-1 or T-1 circuits for
47 Part III connections currently using analog
48 technology.
49 d. Notwithstanding the fact that funds
50 appropriated pursuant to this subsection will not be
Page 2
1 made available prior to July 1, 1996, the Iowa
2 telecommunications and technology commission is
3 authorized to negotiate and enter into contracts for
4 ordering necessary equipment related to the completion
5 of the connections authorized in paragraph "a" as
6 deemed appropriate by the commission upon the
7 effective date of this paragraph.
8 2. PART III NETWORK COSTS - SUBSIDIZATION FUND.
9 There is appropriated from the general fund of the
10 state to the Iowa communications network fund created
11 in section 8D.14 for the fiscal year beginning July 1,
12 1996, and ending June 30, 1997, the following amount,
13 or so much thereof as is necessary, to be used for the
14 purposes designated in this subsection:
15 For the subsidization of video rates for authorized
16 users as determined by the commission and consistent
17 with chapter 8D:
18 $ 2,400,000
19 FTEs 57.00
20 3. PART III NETWORK COSTS - MAINTENANCE AND LEASE
21 COSTS.
22 a. There is appropriated from the rebuild Iowa
23 infrastructure fund of the state created in section
24 8.57, subsection 5, to the Iowa communications network
25 fund under the control of the Iowa telecommunications
26 and technology commission for the fiscal year
27 beginning July 1, 1996, and ending June 30, 1997, the
28 following amount, or so much thereof as is necessary,
29 to be used for the purpose designated:
30 For maintenance costs and recurring lease costs as
31 provided in this subsection:
32 $ 1,199,905
33 b. As a condition of the appropriation in this
34 subsection, $209,298 of the amount appropriated shall
35 be expended by the Iowa telecommunications and
36 technology commission for maintenance costs associated
37 with Part III connections of the network.
38 c. As a further condition of the appropriation in
39 this subsection, $990,607 of the amount appropriated
40 shall be expended by the Iowa telecommunications and
41 technology commission for recurring lease costs
42 associated with Part III connections of the network.
43 4. SUPPORT SERVICES. There is appropriated from
44 the general fund of the state to the Iowa
45 communications network fund created in section 8D.14
46 for the fiscal year beginning July 1, 1996, and ending
47 June 30, 1997, the following amount, or so much
48 thereof as is necessary, to be used for the purposes
49 designated:
50 For purposes designated in paragraphs "a" and "b",
Page 3
1 and for not more than the following full-time
2 equivalent positions:
3 $ 1,950,000
4 FTEs 10.0
5 a. As a condition of the appropriation in this
6 subsection, $450,000 of the amount appropriated shall
7 be expended by the public broadcasting division of the
8 department of education to provide support for
9 functions related to the network, including but not
10 limited to the following functions: scheduling for
11 video classrooms; development of distance learning
12 applications; development of a central information
13 source on the Internet relating to educational uses of
14 the network; second-line technical support for network
15 sites; testing and initializing sites onto the
16 network; and coordinating the work of the education
17 telecommunications council. The division is
18 authorized an additional 5.00 FTEs for a total of
19 10.00 FTEs for the purpose of providing such support.
20 b. As a further condition of the appropriation in
21 this subsection, $1,500,000 of the amount appropriated
22 shall be allocated by the public broadcasting division
23 of the department of education to the regional
24 telecommunications councils established in section
25 8D.5. The regional telecommunications councils shall
26 use the funds to provide technical assistance for
27 network classrooms, planning and troubleshooting for
28 local area networks, scheduling of video sites, and
29 other related support activities.
30 5. SPARE PARTS. There is appropriated from the
31 rebuild Iowa infrastructure fund of the state created
32 in section 8.57, subsection 5, to the Iowa
33 communications network fund created in section 8D.14,
34 for the fiscal year beginning July 1, 1996, and ending
35 June 30, 1997, the following amount, or so much
36 thereof as is necessary, to be used for the purpose
37 designated:
38 For establishing and maintaining a spare parts
39 depot related to the network:
40 $ 220,000
41 6. COMPUTERS, INTERNET CONNECTION, AND RELATED
42 COSTS. There is appropriated from the rebuild Iowa
43 infrastructure fund of the state created in section
44 8.57, subsection 5, to the Iowa communications network
45 fund created in section 8D.14, for the fiscal year
46 beginning July 1, 1996, and ending June 30, 1997, the
47 following amount, or so much thereof as is necessary,
48 to be used for the purpose designated:
49 For the purchase of computer equipment to be used
50 in connection with the network, providing for
Page 4
1 connections to the Internet through the use of the
2 network, and for maintaining the regional scheduling
3 system:
4 $ 110,000
5 Sec. 3. There is appropriated from the general
6 fund of the state to the state board of regents for
7 the fiscal year beginning July 1, 1996, and ending
8 June 30, 1997, the following amount, or so much
9 thereof as is necessary, to be used for the purpose
10 designated:
11 For the center for educational technology at the
12 university of northern Iowa to coordinate staff
13 development for educators using educational technology
14 in this state:
15 $ 500,000
16 Sec. 4. LEGISLATIVE INTENT.
17 1. It is the intent of the general assembly that
18 the Iowa telecommunications and technology commission
19 develop recommendations concerning the expenses which
20 should be recovered in the rates established by the
21 commission for use of the network, and any necessary
22 subsidies. The commission shall file a written report
23 concerning these recommendations with the senate
24 committee on communications and information policy and
25 the house of representatives committee on technology
26 by no later than January 13, 1997.
27 2. It is also the intent of the general assembly
28 that the education telecommunications council and the
29 regional telecommunications councils give priority to
30 network video usage during the normal school hours for
31 grades prekindergarten through twelve at those video
32 sites which are located within school district
33 facilities. The commission, in consultation with the
34 education telecommunications council, shall establish
35 a policy for flexibility of use for educational video
36 classrooms during normal school hours for events
37 unrelated to network use.
38 Sec. 5. CONTRACT MODIFICATION. Notwithstanding
39 section 8D.13, the commission is authorized to
40 negotiate a contract with Sooland Cable involving the
41 connection of five Part III sites, to provide for a
42 lump-sum payment at the time of installation and
43 activation of the circuit which will result in a real
44 savings within a range of $23,400 up to $27,000 per
45 site when compared to the original contract price.
46 Sec. 6. ADDITIONAL CONNECTIONS.
47 1. LEWIS CENTRAL HIGH SCHOOL. Notwithstanding
48 section 8D.13, subsection 5, the state may own and the
49 Iowa telecommunications and technology commission
50 shall provide for the construction and connection to
Page 5
1 the Iowa communications network of the Lewis Central
2 high school, located in Council Bluffs and contiguous
3 to the school for the deaf established under chapter
4 270.
5 2. ADDITIONS TO PART III. The Iowa
6 telecommunications and technology commission may
7 contract for construction relating to connections to
8 the Iowa communications network for the following
9 authorized users which were not identified in the
10 original Part III request for proposals, but which
11 meet the definition of a Part III user pursuant to
12 section 8D.13, subsection 2, paragraph "c":
13 a. Meservey-Thornton community school district,
14 Thornton.
15 b. Eldora state training school, Eldora.
16 c. Iowa juvenile home, Toledo.
17 d. Four oaks educational center, Cedar Rapids.
18 e. Keystone area education agency, Dubuque.
19 Sec. 7. EFFECTIVE DATE.
20 1. Section 2, subsection 1, paragraph "d", of this
21 Act, which authorizes the Iowa telecommunications and
22 technology commission to begin negotiations for
23 ordering necessary equipment prior to the availability
24 of funding, being deemed of immediate importance,
25 takes effect upon enactment.
26 2. Section 6, subsection 1, of this Act, which
27 authorizes the state to construct and own the Iowa
28 communications network connection to Lewis Central
29 high school, being deemed of immediate importance,
30 takes effect upon enactment.""
Speaker pro tempore Van Maanen of Marion in the chair at 10:35
a.m.
Ertl of Dubuque moved that the House concur in the Senate
amendment H-6053, to the House amendment.
A non-record roll call was requested.
The ayes were 52, nays 29.
The motion prevailed and the House concurred in the Senate
amendment H-6053, to the House amendment.
Ertl of Dubuque 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. 2195)
The ayes were, 68:
Arnold Baker Bell Bernau
Boggess Bradley Brand Brauns
Burnett Carroll Churchill Cohoon
Connors Corbett, Spkr. Cormack Daggett
Dinkla Disney Doderer Ertl
Gipp Gries Grubbs
Halvorson Hammitt Barry Harper Harrison
Heaton Holveck Houser Hurley Jacobs
Jochum Koenigs Larkin Larson
Lord Main Martin Mascher
May Mertz Metcalf
Moreland Mundie Murphy Myers
Nelson, B. Nelson, L. Ollie Osterhaus
Rants Schrader Schulte Shoultz
Siegrist Sukup Taylor Thomson
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Witt
Van Maanen, Presiding
The nays were, 28:
Blodgett Boddicker Branstad Brunkhorst
Coon Drake Drees Eddie Fallon
Garman Greig Greiner Grundberg
Hahn Huseman Klemme Kreiman
Kremer Lamberti McCoy Meyer
Millage Nutt O'Brien Renken
Teig Tyrrell Van Fossen
Absent or not voting, 4:
Brammer Cataldo Hanson Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
Senate File 2195 be immediately messaged to the Senate.
ADOPTION OF HOUSE CONCURRENT RESOLUTION 128
Welter of Jones called up for consideration House Concurrent
Resolution 128, a concurrent resolution honoring the
seventy-fifth anniversary of the Division of Criminal
Investigation of the Iowa Department of Public Safety, and moved
its adoption.
The motion prevailed and the resolution was adopted.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House Concurrent Resolution 128 be immediately messaged to
the Senate.
On motion by Siegrist of Pottawattamie, the House was recessed
at 11:06 a.m., until 2:00 p.m.
AFTERNOON SESSION
The House reconvened at 2:11 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 sixty-seven members present,
thirty-three absent.
On motion by Siegrist of Pottawattamie, the House was recessed
at 2:32 p.m., until 5:15 p.m.
EARLY EVENING SESSION
The House reconvened at 5:32 p.m., Speaker Corbett in the chair.
INTRODUCTION OF BILL
House File 2501, by Siegrist and Schrader, a bill for an act
providing that a court order the revocation, suspension, or
delay of issuance of a driver's license at the time of
conviction for certain drug-related offenses, and providing an
effective date.
Read first time and referred to committee on judiciary.
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 25, 1996, refused to concur in the House
amendment to the Senate amendment to the following bill in which
the concurrence of the Senate was asked:
House File 2458, a bill for an act relating to the right to
appointed counsel or a public defender, by relating to the
eligibility for certain indigents, the recovery of defense
costs, and by restricting the right to counsel for certain
parents in child in need of assistance cases.
JOHN F. DWYER, Secretary
HOUSE INSISTS
Millage of Scott called up for consideration House File 2458, a
bill for an act relating to the right to appointed counsel or a
public defender, by relating to the eligibility for certain
indigents, the recovery of defense costs, and by restricting the
right to counsel for certain parents in child in need of
assistance cases and moved that the House insist on its
amendment, which motion prevailed.
CONFERENCE COMMITTEE APPOINTED
(House File 2458)
The Speaker announced the appointment of the conference
committee to consider the differences between the House and
Senate concerning House File 2458: Dinkla of Guthrie, Chair;
Lamberti of Polk, Van Maanen of Marion, Mascher of Johnson and
Moreland of Wapello.
TEMPORARY REPLACEMENT
(Conference Committee on House File 2421)
The Speaker announced that Gipp of Winnishiek will replace
Millage of Scott on the Conference Committee on House File 2421,
for Friday, April 26, 1996 only.
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber the afternoon of
April 24, 1996. Had I been present, I would have voted "aye" on
House File 2387 and "nay" on House File 2416.
MORELAND of Wapello
I was temporarily absent from the House chamber on April 24,
1996. Had I been present, I would have voted "aye" on House File
2416.
NELSON of Marshall
BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports
that the following bills have been examined and found correctly
enrolled, signed by the Speaker of the House and the President
of the Senate, and presented to the Governor for his approval on
this Twenty-fifth day of April, 1996: House Files 2050, 2383 and
2499.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on April 24, 1996, he approved and transmitted to the Secretary
of State the following bills:
House File 2144, an act relating to the payment by third parties
of physician assistants and advanced nurse practitioners.
House File 2370, an act relating to limited liability companies
and corporations, including the period within which a limited
liability company subject to dissolution may be continued, use
of trade names by corporations and limited liability companies,
certain reporting and filing requirements and procedures, and
providing an exemption from the real estate transfer tax for
certain transfers involving limited liability companies.
House File 2453, an act relating to the regulation of industrial
loan companies by establishing certain requirements applicable
to a change of control, providing for the appointment of the
superintendent or the federal deposit insurance corporation as
receiver, and requiring an industrial loan company to obtain
federal deposit insurance for certain debt instruments, and
making a penalty applicable.
House File 2498, an act relating to entities and subject matter
under the regulatory authority of the division of insurance,
including prearranged funeral contracts, cemeteries, residential
service contracts, and business opportunities, and establishing
fees.
Senate File 2085, an act relating to handicapped parking and
providing a penalty.
Senate File 2154, an act relating to certain drug offenses and
penalties by increasing the penalties for certain offenses
involving methamphetamine, creating new offenses involving
ephedrine, and expanding the types of real property within one
thousand feet of which a person who unlawfully possesses a
substance is subject to an increased penalty.
Senate File 2157, an act relating to postsecondary educational
programs, the duties of the college student aid commission in
administering the Iowa guaranteed loan program, creating a
chiropractic loan revolving fund, providing for matters related
to the chiropractic graduate student forgivable loan program,
modifying the registration requirements for postsecondary
schools, and increasing registration fees.
Senate File 2168, an act updating the Iowa Code references to
the Internal Revenue Code and providing a retroactive
applicability date and an effective date.
Senate File 2207, an act relating to the reimbursement of jurors
and witnesses for transportation and mileage expenses.
Senate File 2289, an act relating to the department of
corrections, including operating while intoxicated violator
facilities, reimbursement by parole violators, tort claims
protection for certain persons, and inmate accounts.
Senate File 2301, an act relating to lead abatement and
inspection, training and certification requirements, providing
penalties, and providing a contingent effective date.
Senate File 2321, an act relating to the nonconfidentiality of
information regarding the qualifications of interpreters for the
deaf services division of the department of human rights.
Senate File 2455, an act relating to the administration of
taxes, electronic filing of tax returns and payments; imposition
of the penalty for willfully filing a false claim for refund;
low income, elderly, and disabled property tax credit filing and
certification dates; computation of the real estate transfer
tax; repeal of obsolete property tax provision; and providing
effective and retroactive applicability dates.
Senate File 2467, an act increasing the nonpublic school tax
credit and eliminating the nonpublic school tax deduction for
amounts paid for tuition and textbooks for nonpublic elementary
and secondary schools under the state individual income tax and
providing effective and applicability date provisions.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Sixty-one sixth grade students from Manson Middle School,
Barnum, accompanied by Marilyn Moeding. By Mundie of Webster.
On motion by Siegrist of Pottawattamie, the House adjourned at
5:43 p.m., until 9:00 a.m., Friday, April 26, 1996.
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Index: House Journal (76th General Assembly: Session 2)
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