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One hundred fifteenth Calendar Day - Seventy-sixth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, May 1, 1996
The House met pursuant to adjournment at 9:05 a.m., Speaker
Corbett in the chair.
Prayer was offered by Peter Small, Journalist, Des Moines.
The Journal of Tuesday, April 30, 1996 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Mertz of Kossuth on request of Schrader of Marion.
MOTION TO RECONSIDER WITHDRAWN
Siegrist of Pottawattamie asked and received unanimous consent
to withdraw the motion to reconsider on Senate File 2448, a bill
for an act relating to and making appropriations to the
department for the blind, the Iowa state civil rights
commission, the department of elder affairs, the governor's
alliance on substance abuse, the Iowa department of public
health, the department of human rights, and the commission of
veterans affairs, and providing an immediate effective date,
filed on April 11, 1996.
CONSIDERATION OF BILLS
Unfinished Business Calendar
The House resumed consideration of Senate File 2265, a bill for
an act relating to the required participation of parents in a
mandatory course prior to the granting of a dissolution of
marriage decree and certain other orders, and providing an
effective date, previously deferred and placed on the unfinished
business calendar.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-5608 filed by him on March 26, 1996,
placing out of order amendment H-5875 filed by Kreiman of Davis
on April 8, 1996.
Hurley of Fayette offered amendment H-6056 filed by Hurley, et.
al., as follows:
H-6056
1 Amend Senate File 2265, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by striking lines 3 through 13 and
4 inserting the following:
5 "1. The parties to a dissolution of marriage,
6 modification of an order entered relating to a
7 dissolution of marriage which involves the issues of
8 child custody, visitation, or child support, shall
9 participate in a court-approved course to educate and
10 sensitize the parties to the needs of any child or
11 party during and subsequent to the proceeding within
12 forty-five days of the filing of a petition for
13 dissolution of marriage or within forty-five days of
14 the application for modification of an order.
15 Participation in the course may be waived or delayed
16 by the court for good cause including, but not limited
17 to, a default by any of the parties. Participation in
18 the course is not required if the proceeding involves
19 termination of parental rights of any of the parties.
20 A decree dissolving a marriage shall not be granted
21 and an order relating to modification shall not be
22 entered until the parties have participated in the
23 required course. Notwithstanding participation in the
24 required course, however, if the court finds that the
25 decree or order is not in the best interest of a
26 child, the decree shall not be granted and the order
27 shall not be entered."
Speaker pro tempore Van Maanen of Marion in the chair at 9:37
a.m.
Moreland of Wapello rose on a point of order that amendment
H-6056 was not germane.
The Speaker ruled the point not well taken and amendment H-6056
germane.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2265 be deferred and retain it place on the
unfinished business calendar, (amendment H-6056 pending).
The House resumed consideration of Senate File 454, a bill for
an act relating to the establishment of an assisted living
program within the department of elder affairs, providing for
implementation, and providing penalties, previously deferred and
placed on the unfinished business calendar and the motion to
reconsider amendment H-5715, to amendment H-5639, filed by
Blodgett of Cerro Gordo on April 2, 1996, pending.
On motion by Blodgett of Cerro Gordo the House reconsidered
amendment H-5715, found on pages 1304 through 1306 of the House
Journal, to amendment H-5639.
Blodgett of Cerro Gordo asked and received unanimous consent to
withdraw amendment H-5715, to amendment H-5639.
Carroll of Poweshiek offered the following amendment H-6059, to
amendment H-5639, filed by Carroll, et. al., and moved its
adoption:
H-6059
1 Amend the amendment, H-5639, to Senate File 454, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 17, by striking the words "the
5 nursing care" and inserting the following: "health-
6 related care".
7 2. Page 1, line 18, by inserting after the word
8 "a" the following: "continuous".
9 3. Page 2, line 24, by striking the words "or
10 voluntary accreditation".
11 4. Page 2, line 25, by inserting after the word
12 "programs." the following: "An assisted living
13 program which is voluntarily accredited is not
14 required to also be certified by the department and
15 the department shall accept voluntary accreditation in
16 lieu of certification by the department."
17 5. Page 2, by striking lines 31 and 32 and
18 inserting the following: "state shall be certified
19 with the department or shall be voluntarily
20 accredited. The owner or manager of a certified".
21 6. By striking page 2, line 49, through page 3,
22 line 5, and inserting the following:
23 "4. The department may enter into contracts to
24 provide certification and monitoring of assisted
25 living programs. The department shall have full
26 access to a program during certification and
27 monitoring of programs seeking certification or
28 currently certified. Upon the request of the
29 department the entity providing accreditation of a
30 program shall provide copies to the department of all
31 materials related to the accreditation process."
32 7. Page 3, by striking lines 17 and 18 and
33 inserting the following: "shall be granted a
34 temporary certification by the department or shall be
35 voluntarily accredited and shall".
36 8. Page 3, by striking lines 36 through 43 and
37 inserting the following:
38 "Sec. 6. MEDICAL ASSISTANCE WAIVER. The
39 department of human services shall take any actions
40 necessary to allow a certified or voluntarily
41 accredited assisted living program to be a provider of
42 personal care services under the medical assistance
43 home and community-based services waiver for the
44 elderly."
Amendment H-6059 was adopted.
On motion by Martin of Scott, amendment H-5639, as amended, was
adopted, placing out of order amendment H-3942, filed by Martin
of Scott on April 13, 1995 and amendment H-5700 filed by Witt
of Black Hawk and Carroll of Poweshiek on March 27, 1996.
Martin of Scott moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 454)
The ayes were, 95:
Arnold Bell Bernau Blodgett
Boddicker Boggess Bradley Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Corbett, Spkr. Cormack
Daggett Dinkla Disney Doderer
Drake Drees Eddie Ertl
Fallon Garman Gipp Greig
Greiner Gries Grubbs
Grundberg Hahn Halvorson Hammitt Barry
Hanson Harper Harrison Heaton
Holveck Houser Hurley Huseman
Jacobs Jochum Klemme Koenigs
Kreiman Kremer Lamberti Larkin
Larson Lord Main Martin
Mascher May McCoy Metcalf
Meyer Millage Moreland Mundie
Murphy Nelson, B. Nelson, L. Nutt
O'Brien Ollie Osterhaus Rants
Renken Schrader Schulte Shoultz
Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 5:
Baker Brammer Mertz Myers
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 Senate File 454 be immediately messaged to the Senate.
MOTION TO OVERRIDE GOVERNOR'S ITEM VETO
Millage of Scott called up for consideration House File 2114, a
bill for an act relating to and making supplemental
appropriations for the fiscal year beginning July 1, 1995, and
providing an effective date, item vetoed by the Governor on
March 19, 1996.
Millage of Scott moved that the House, on reconsideration, agree
to pass House File 2114, the objections (Sections 3, 10 and 11
in their entirety) of the Governor to the contrary
notwithstanding.
Millage of Scott asked and received unanimous consent to
withdraw his previous motion to pass House File 2114.
Millage of Scott moved that the House, on reconsideration, agree
to pass House File 2114, the objections (Section 3) of the
Governor to the contrary notwithstanding.
On the question "Shall the House on reconsideration pass the
bill, the objections (Section 3) of the Governor to the contrary
notwithstanding?" (H.F. 2114)
The ayes were, none.
The nays were, 93:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Branstad Carroll Cataldo
Churchill Cohoon Connors Coon
Corbett, Spkr. Cormack Daggett Dinkla
Disney Doderer Drake Drees
Eddie Ertl Fallon Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson
Hammitt Barry Hanson Harper Harrison
Heaton Holveck Houser Hurley
Huseman Jacobs Jochum Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Main
Martin Mascher May McCoy
Metcalf Meyer Millage Moreland
Mundie Murphy Nelson, B. Nelson, L.
Nutt O'Brien Ollie Osterhaus
Rants Renken Schrader Schulte
Shoultz Siegrist Sukup Taylor
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Witt Van
Maanen,
Presiding
Absent or not voting, 7:
Brammer Brauns Brunkhorst Burnett
Mertz Myers Salton
The motion having failed to received a two-thirds majority was
declared to have lost and the Governor's item veto was sustained.
Millage of Scott moved that the House, on reconsideration, agree
to pass House File 2114, the objections (Sections 10 and 11 in
their entirety) of the Governor to the contrary notwithstanding.
Rule 75 was invoked.
On the question "Shall the House on reconsideration pass the
bill, the objections (Sections 10 and 11) of the Governor to the
contrary notwithstanding?" (H.F. 2114)
The ayes were, 42:
Baker Bell Bernau Bradley
Brand Burnett Cataldo Cohoon
Connors Cormack Doderer Drees
Fallon Grubbs Harper Harrison
Holveck Hurley Jochum Koenigs
Kreiman Larkin Martin Mascher
May McCoy Moreland Mundie
Murphy Nelson, L. O'Brien Ollie
Osterhaus Rants Schrader Shoultz
Taylor Tyrrell Warnstadt Weigel
Wise Witt
The nays were, 53:
Arnold Blodgett Boddicker Boggess
Branstad Brunkhorst Carroll Churchill
Coon Corbett, Spkr. Daggett Dinkla
Disney Drake Eddie Ertl
Garman Gipp Greig Greiner
Gries Grundberg Hahn
Halvorson Hammitt Barry Hanson Heaton Houser
Huseman Jacobs Klemme Kremer
Lamberti Larson Lord Main
Metcalf Meyer Millage
Nelson, B. Nutt Renken Schulte
Siegrist Sukup Teig Thomson
Van Fossen Vande Hoef Veenstra Weidman
Welter Van Maanen,
Presiding
Absent or not voting, 5:
Brammer Brauns Mertz Myers
Salton
The motion having failed to received a two-thirds majority was
declared to have lost and the Governor's item veto was sustained.
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 May 1, 1996, adopted the conference committee
report and passed House File 2421, a bill for an act relating to
and making appropriations to the state department of
transportation including allocation and use of moneys from the
general fund, road use tax fund, and primary road fund, making
appropriations for capital projects from the rebuild Iowa
infrastructure fund, and relating to the Iowa communications
network, construction projects for the commission of veterans
affairs, county fairs, recreational trails, and nonreversion of
certain appropriations, and providing an effective date.
Also: That the Senate has on May 1, 1996, adopted the conference
committee report and passed Senate File 2443, a bill for an act
appropriating funds to the department of economic development,
the Iowa finance authority, certain board of regents
institutions, the public employment relations board, and the
department of employment services, and making related statutory
changes.
Also: That the Senate has on May 1, 1996, concurred in the House
amendment to the Senate amendment and passed the following bill
in which the concurrence of the Senate was asked:
House File 2477, a bill for an act relating to the funding of,
operation of, and appropriation of moneys to agencies,
institutions, commissions, departments, and boards responsible
for education and cultural programs of this state and making
related statutory changes and providing effective date
provisions.
JOHN F. DWYER, Secretary
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Lord of Dallas, until his return, on request of Siegrist of
Pottawattamie; Jochum of Dubuque and Myers of Johnson, until
their return, both on request of Schrader of Marion.
Speaker Corbett in the chair at 11:38 a.m.
ADOPTION OF THE REPORT OF THE
CONFERENCE COMMITTEE
(House File 2472)
Garman of Story called up for consideration the report of the
conference committee on House File 2472 and moved the adoption
of the
conference committee report and the amendments contained therein
as follows:
REPORT OF THE CONFERENCE COMMITTEE
ON HOUSE FILE 2472
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 2472, a bill for An
Act relating to and making appropriations to the justice system
and providing effective dates, respectfully make the following
report:
1. That the Senate recedes from its amendment, H-5575.
2. That House File 2472, as amended, passed, and reprinted by
the House, is amended as follows:
1. Page 1, by striking lines 10 and 11 and inserting the
following:
" $ 5,693,460
FTEs 178.50
It is the intent of the general assembly that of the funds
appropriated in this subsection, not more than $50,000 shall be
used to establish an office of veterans advocate as provided in
section 13.32, as enacted by this Act."
2. Page 1, by striking lines 15 and 16 and inserting the
following:
" $ 250,000
FTEs 6.00"
3. Page 2, line 25, by striking the figure "125,000" and
inserting the following: "150,000".
4. Page 3, line 2, by striking the figure "200,000" and
inserting the following: "225,000".
5. Page 3, by striking line 5 and inserting the following:
" $ 1,759,806"
6. Page 4, by inserting after line 17 the following:
"10. For legal services for persons in poverty grants as
provided in section 13.34, as enacted in this Act:
$ 950,000
Sec. ___. DEPARTMENT OF JUSTICE - ENVIRONMENTAL CRIMES
INVESTIGATION AND PROSECUTION - FUNDING. There is appropriated
from the environmental crime fund of the department of justice,
consisting of court-ordered fines and penalties awarded to the
department arising out of the prosecution of environmental
crimes, to the department of justice for the fiscal year
beginning July 1, 1996, and ending June 30, 1997, an amount not
exceeding $20,000 to be used by the department, at the
discretion of the attorney general, for the investigation and
prosecution of environmental crimes, including the reimbursement
of
expenses incurred by county, municipal, and other local
governmental agencies cooperating with the department in the
investigation and prosecution of environmental crimes.
The expenditure of the funds appropriated in this section is
contingent upon receipt by the environmental crime fund of the
department of justice of an amount at least equal to the
appropriations made in this section and received from
contributions, court-ordered restitution as part of judgments in
criminal cases, and consent decrees entered into as part of
civil or regulatory enforcement actions. However, if the funds
received during the fiscal year are in excess of $20,000, the
excess funds shall be deposited in the general fund of the state.
Notwithstanding section 8.33, moneys appropriated in this
section which remain unexpended or unobligated at the close of
the fiscal year shall not revert to the general fund of the
state but shall remain available for expenditure for the
designated purpose in the succeeding fiscal year."
7. Page 4, by striking lines 19 and 20 and inserting the
following: "There is appropriated from the general fund of the
state to the department of justice for".
8. Page 4, by striking lines 29 through 32.
9. Page 8, by inserting after line 13 the following:
" . The department of corrections shall continue the
development of the concept of a super-maximum security facility
for inmates, including, but not limited to, details on the
number of beds, staffing, operations, and the process for
classifying inmates for incarceration at such a facility. The
department shall explain the staffing, classification, and
structured differences between a super-maximum security facility
for inmates and any other type of facility in the corrections
system."
10. Page 10, by striking lines 6 through 10.
11. Page 10, by striking line 13 and inserting the following:
" $ 2,350,600"
12. Page 10, line 17, by inserting after the word "purpose."
the following: "In addition, it is the intent of the general
assembly that the department shall consult with the community
colleges in the areas in which the institutions are located to
utilize moneys appropriated in this subsection to fund the high
school completion, high school equivalency diploma, adult
literacy, and adult basic education programs in a manner so as
to maintain these programs at the institutions."
13. Page 10, by inserting after line 22 the following:
" . For funding of the criminal justice program at the
university of northern Iowa:
$ 175,000
. For increased inmate costs at the institutions:
$ 278,000
. For additional correctional officers to be assigned to
adult correctional institutions under the control of the
department, and may be used for implementation of requirements
of section 904.701, and for not more than the following fulltime
equivalent positions:
$ 770,000
FTEs 22.00
. The department of corrections shall submit a report to
the general assembly on January 1, 1997, concerning progress
made in implementing the requirements of section 904.701,
concerning hard labor by inmates."
14. Page 10, by striking line 35 and inserting the following:
" $ 7,036,820"
15. Page 12, by striking line 11 and inserting the following:
" $ 2,551,754"
16. Page 13, by inserting after line 20 the following:
"(4) The district department is authorized to enter into
financial arrangements for and to construct an addition to the
Faches Center for the purposes of adding staff offices."
17. Page 14, by striking line 11 and inserting the following:
" $ 4,120,221"
18. Page 14, by inserting after line 26 the following:
"j. For the department of corrections for the assistance and
support of the judicial district departments of correctional
services for use in implementing the requirements for inmate
hard labor, the following amount, or so much thereof as is
necessary:
$ 100,000"
19. Page 16, by striking line 8 and inserting the following:
" $ 90,815,119"
20. Page 18, by inserting after line 4 the following:
"j. Of the funds appropriated in this subsection, the judicial
department shall use not more than $108,999 for an additional
3.00 district court judges as provided in this paragraph:
(1) Beginning January 1, 1997, one additional district court
judge is authorized and shall be assigned to a judicial election
district in the fifth judicial district as determined by the
chief judge of the fifth judicial district.
(2) Beginning June 1, 1997, one additional district court judge
is authorized and shall be assigned to a judicial election
district in the fifth judicial district as determined by the
chief judge of the fifth judicial district.
(3) Beginning June 1, 1997, one additional district court judge
is authorized and shall be assigned to a judicial election
district in the second judicial district as determined by the
chief judge of the second judicial district.
k. Of the funds appropriated in this subsection, the judicial
department shall use $297,833 for an additional 4 juvenile court
officers, 3 juvenile court specialists, and 3 clerical workers.
l. Of the funds appropriated in this subsection, the judicial
department shall use $140,000 to increase the salary of all
associate juvenile judges and associate probate judges.
m. Of the funds appropriated in this subsection, the judicial
department shall use $174,000 for an additional 4.75 FTEs for
the expansion of the court-appointed special advocate program.
n. The judicial department shall provide a report to the
general assembly by January 1, 1997, concerning the amounts
received and expended from the enhanced court collections fund
created in section 602.1304 during the fiscal year beginning
July 1, 1995, and ending June 30, 1996, and the plans for
expenditures during the fiscal year beginning July 1, 1996, and
ending June 30, 1997."
21. Page 18, line 10, by striking the words "the first".
22. Page 20, line 12, by inserting after the word "programs."
the following: "The department of corrections shall submit a
report to the general assembly by January 1, 1997, concerning
the efforts made by each correctional facility in maintaining
vocational education programs for inmates."
23. Page 22, by striking line 20 and inserting the following:
" $ 1,068,418"
24. Page 22, by inserting after line 21 the following:
"It is the intent of the general assembly that the Iowa law
enforcement academy use its own equipment for copying and
printing to the maximum extent possible to reduce the costs for
these services."
25. Page 24, by striking lines 3 and 4 and inserting the
following:
" $ 2,171,438
FTEs 38.80"
26. Page 24, by striking lines 12 and 13 and inserting the
following:
" $ 9,392,619
FTEs 190.00"
27. Page 25, by striking lines 33 through 35.
28. Page 26, by inserting before line 1 the following:
" . For costs associated with the training of volunteer
fire fighters:
$ 875,000
. For the state medical examiner, for the purpose of
establishing an office of the state medical examiner within the
department of public safety, and for not more than the following
full-time equivalent positions:
$ 332,500
FTEs 4.00
Any fees collected by the department of public safety for
autopsies performed by the office of the state medical examiner
shall be deposited in the general fund of the state."
29. Page 26, by striking lines 15 and 16 and inserting the
following:
" $ 34,396,129
FTEs 566.00
It is the intent of the general assembly that, of the funds
appropriated in this subsection, the division shall expend the
amount necessary to provide the state match for adding twelve
state troopers through the federal community-oriented policing
services program. It is the intent of the general assembly that
once federal moneys for this program end, the division shall
present proposals to the governor and the general assembly for
continued funding of the state troopers described in this
paragraph and for consideration of reducing the number of state
troopers through attrition, by the same number as the number of
troopers added through the federal program."
30. Page 27, line 9, by inserting after the word "into" the
following: "professional services".
31. Page 27, by inserting after line 18 the following:
"Sec. . NEW SECTION. 13.32 VETERANS ADVOCATE.
The attorney general shall appoint an attorney to the office of
veterans advocate. The veterans advocate is to be housed in the
office of the attorney general. The advocate shall be an
honorably discharged member of the armed forces of the United
States. The advocate's term of office is for four years. The
term begins and ends in the same manner as set forth in section
69.19.
Sec. . NEW SECTION. 13.33 DUTIES OF VETERANS
ADVOCATE.
The veterans advocate shall do all of the following:
1. Assist the commission of veterans affairs created in section
35A.2 in the carrying out of its duties.
2. Assist the veterans of the state in obtaining the benefits
to which they are entitled.
3. Assist the veterans of the state in gaining admission to the
Iowa veterans home in a timely manner.
4. Provide assistance to the county commissions of veterans
affairs created in chapter 35B in the carrying out of their
duties.
Sec. . NEW SECTION. 13.34 LEGAL SERVICES FOR
PERSONS IN POVERTY GRANT PROGRAM.
1. For the purposes of this section, "eligible individual"
means an individual or household with an annual income which is
less than one hundred twenty-five percent of the poverty
guidelines established by the United States office of management
and budget. The attorney general shall contract with an
eligible nonprofit organization to provide legal assistance to
eligible individuals in poverty. The contract shall be awarded
within thirty days after May 30, 1996. The contract may be
terminated by the attorney general after a hearing upon written
notice and for good cause.
2. A nonprofit organization must comply with all of the
following to be eligible for a contract under this section:
a. Be a nonprofit organization incorporated in this state.
b. Has lost or will lose funding due to a reduction in federal
funding for the legal services corporation for federal fiscal
year 1995-1996.
c. Employ attorneys admitted to practice before the Iowa
supreme court and the United States district courts.
d. Employ attorneys and staff qualified to address legal
problems experienced by eligible individuals.
3. The contracting nonprofit organization shall do all of the
following:
a. Offer direct representation of eligible individuals in
litigation and administrative cases, in accordance with
priorities established by the organizations board.
b. Offer technical support to eligible individuals.
c. Involve private attorneys through volunteer lawyer projects
to represent eligible individuals.
d. Utilize, to the fullest extent feasible, existing resources
of accredited law schools within this state to provide
consulting assistance to attorneys in the practice of law in
their representation of persons in poverty.
e. Assist, to the fullest extent feasible, accredited law
schools within this state in enhancing the schools' expertise in
the practice of law representing persons in poverty so that all
attorneys within the state will have a resource available to
provide training and experience in the practice of law
representing persons in poverty.
f. Cooperate, to the fullest extent feasible, with existing
informational and referral networks among persons in poverty,
providers of assistance to persons in poverty, and others
concerned with assistance to persons in poverty.
4. The contracting nonprofit organization is not a state agency
for the purposes of chapters 19A, 20, and 669.
5. An individual is eligible to obtain legal representation and
legal assistance from the contracting nonprofit organization if
the eligible individual meets all of the following criteria:
a. The eligible individual is a resident of this state.
b. The eligible individual is financially unable to acquire
legal assistance, in accordance with criteria established by the
organization's board.
Sec. . Section 37.10, unnumbered paragraph 1, Code 1995,
is amended to read as follows:
Each commissioner shall be an honorably discharged soldier,
sailor, marine, airman, or coast guard member and be a resident
of the city county in which the memorial hall or
monument is located or live within the county if the memorial
hall or monument is located outside of a city or is a joint
memorial as provided in this chapter."
32. Page 27, by striking lines 19 through 34.
33. Page 28, by inserting after line 12 the following:
"Sec. . Section 602.6201, subsection 10, Code Supplement
1995, is amended to read as follows:
10. Notwithstanding the formula for determining the number of
judgeships in this section, the number of district judges shall
not exceed one hundred eight eleven during the period
commencing July 1, 1995 1996.
Sec. . Section 602.8108, subsection 3, Code 1995, is
amended by adding the following new paragraph:
NEW PARAGRAPH. c. Notwithstanding provisions of this
subsection to the contrary, all moneys collected from the drug
abuse resistance education surcharge provided in section 911.2
shall be remitted to the treasurer of state for deposit in the
general fund of the state and the amount deposited is
appropriated to the Iowa law enforcement academy for use by the
drug abuse resistance education program."
34. Page 28, line 20, by striking the words "two hundred "
and inserting the following: "five hundred".
35. Page 29, by inserting after line 27 the following:
"Sec. . Section 911.2, unnumbered paragraph 1, Code
1995, is amended to read as follows:
When a court imposes a fine or forfeiture for a violation of a
state law, or of a city or county ordinance except an ordinance
regulating the parking of motor vehicles, the court shall assess
an additional penalty in the form of a surcharge equal to thirty
percent of the fine or forfeiture imposed. An additional drug
abuse resistance education surcharge of five dollars shall be
assessed by the court if the violation arose out of a violation
of an offense provided for in chapter 321J or chapter 124,
division IV. In the event of multiple offenses, the surcharge
shall be based upon the total amount of fines or forfeitures
imposed for all offenses. When a fine or forfeiture is
suspended in whole or in part, the surcharge shall be reduced in
proportion to the amount suspended."
36. Page 30, by striking lines 14 through 17.
37. Page 30, by inserting after line 35 the following:
"Sec. . INTERIM STUDY COMMITTEE. The legislative
council is requested to authorize an interim study committee
concerning the enforcement of activities on excursion gambling
boats.
Sec. . LOCAL CORRECTIONS INFRASTRUCTURE AND CRIME
PREVENTION TASK FORCE - REPORT - STUDY.
1. a. If money is appropriated for this purpose, the office of
the attorney general shall establish and chair a state task
force on local corrections infrastructure and crime prevention.
The state task force shall include representation from the
division of criminal and juvenile justice planning of the
department of human rights, the department of corrections, the
department of education, and the university of northern Iowa's
criminology program.
b. The office of the attorney general, in consultation with the
state task force, shall implement a public planning process to
assist in the formation of a local task force in each judicial
election district and to assist the task force in developing
recommendations and proposals for corrections, juvenile justice,
and school-based infrastructure projects. The membership of each
local task force shall include, but is not limited to,
representation from the department of corrections, county
sheriffs, police chiefs, district judges, juvenile court judges,
juvenile court officers, county supervisors, city council
members, criminal and juvenile justice planning advisory council
members, where applicable, juvenile services providers,
community-based correctional program employees, county
attorneys, and local school officials. Each
local task force shall submit a report of its recommendations
and proposals to the office of the attorney general for
consideration by the state task force. The report shall take
into consideration ongoing local or state operational expenses
related to any facility to be remodeled or constructed under the
recommendations of the report. Each local task force shall also
develop its recommendations in coordination with other state and
local planning initiatives.
c. Upon receipt of the reports of each local task force, the
state task force shall review the recommendations and proposals
in each report, make its own recommendations and proposals based
on these reports, and compile a report containing the
recommendations and proposals of each local task force and the
state task force which is requested to be submitted to the
studies committee of the legislative council by December 1, 1996.
2. The legislative council is requested to create a study
committee to receive the report submitted by the state task
force on local corrections infrastructure and crime prevention.
The study committee shall review the report and make
recommendations concerning recommendations and proposals for
corrections, juvenile justice, and school-based infrastructure
projects, to include consideration of establishing a grant
program and funding mechanism for these projects. The study
committee shall submit a report of its findings and
recommendations to the general assembly by January 1, 1997.
Sec. . TASK FORCE IMPLEMENTATION. There is appropriated
from the general fund of the state to the department of justice,
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 retaining an independent consultant to provide technical
assistance and staffing associated with the development of the
programs of the state task force on local corrections
infrastructure and crime prevention as enacted by this Act:
$ 150,000"
38. Title page, line 2, by inserting after the word "system"
the following: ", creating a drug abuse resistance education
surcharge,".
39. By renumbering as necessary.
ON THE PART OF THE HOUSE ON THE PART OF THE SENATE
TERESA GARMAN, Chair EUGENE FRAISE, Chair
PAUL BELL ROBERT DVORSKY
DAVE HEATON EMIL J. HUSAK
RICK LARKIN STEWART IVERSON, Jr.
LYNN SCHULTE DONALD B. REDFERN
The motion prevailed and the report was adopted.
Garman of Story moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 2472)
The ayes were, 93:
Arnold Baker 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
Garman Gipp Greig Greiner
Gries Grubbs Grundberg Hahn
Halvorson Hammitt Barry Hanson Harper
Harrison Heaton Holveck Houser
Hurley Huseman Jacobs Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Main Martin
Mascher May McCoy Metcalf
Meyer Millage Moreland Mundie
Murphy 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, 1:
Fallon
Absent or not voting, 6:
Brammer Jochum Lord Mertz
Myers 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
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2472 be immediately messaged to the Senate.
ADOPTION OF THE REPORT OF THE
CONFERENCE COMMITTEE
(Senate File 2443)
Churchill of Polk called up for consideration the report of the
conference committee on Senate File 2443 and the amendments
contained therein as follows:
REPORT OF THE CONFERENCE COMMITTEE
ON SENATE FILE 2443
To the President of the Senate and the Speaker of the House of
Representatives:
We, the undersigned members of the conference committee
appointed to resolve the differences between the Senate and the
House of Representatives on Senate File 2443, a bill for An Act
appropriating funds to the department of economic development,
the Iowa finance authority, certain board of regents
institutions, the public employment relations board, and the
department of employment services, and making related statutory
changes, respectfully make the following report:
1. That the House recedes from its amendment, S-5459.
2. That Senate File 2443, as amended, passed, and reprinted by
the Senate, is amended as follows:
1. By striking everything after the enacting clause and
inserting the following:
"Section 1. There is appropriated from the general fund of the
state and other designated funds to the department of economic
development 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. ADMINISTRATIVE SERVICES DIVISION
a. General administration
For salaries, support, maintenance, miscellaneous purposes, and
for providing that a business receiving moneys from the
department for the purpose of job creation shall make available
ten percent of the new jobs created for promise jobs program
participants who are qualified for the jobs created and for not
more than the following full-time equivalent positions:
$ 1,405,687
FTEs 23.75
The director shall coordinate efforts with the workforce
coordinator and the department of workforce development if
enacted by Senate File 2409, to implement the intent of the
general assembly regarding businesses receiving job creation
moneys and shall report to the joint appropriations subcommittee
on economic development regarding the number of jobs to be
created by each business, the number of qualified promise jobs
participants applying with the business, and the number of
promise jobs participants hired.
b. Film office
For salaries, support, maintenance, miscellaneous purposes, and
for not more than the following full-time equivalent positions:
$ 199,341
FTEs 2.00
2. BUSINESS DEVELOPMENT DIVISION
a. Business development operations
For salaries, support, maintenance, miscellaneous purposes, for
not more than the following full-time equivalent positions, for
allocating $495,000 to the heartland technology network,
$150,000 to the graphic arts center, and $100,000 to the
university of northern Iowa for operation of industrial
technology programs at the Iowa plastics technology center
located in Waverly, Iowa, for allocating $75,000 for the
purposes of the regulatory assistance program, and for
allocating $60,000, and up to a 0.50 full-time equivalent
position to administer the heartland technology network, the
graphic arts technology center, and the plastics technology
center:
$ 3,890,775
FTEs 17.75
b. Small business programs
For salaries, support, maintenance, miscellaneous purposes, and
for not more than the following full-time equivalent positions
for the small business program, the small business advisory
council, and targeted small business program:
$ 498,756
FTEs 6.00
c. Federal procurement office
For salaries, support, maintenance, miscellaneous purposes, and
for not more than the following full-time equivalent positions:
$ 96,492
FTEs 3.00
Notwithstanding section 8.33, moneys remaining unencumbered or
unobligated on June 30, 1997, shall not revert and shall be
available for expenditure during the fiscal year beginning July
1, 1997, for the same purposes.
d. Strategic investment fund
For deposit in the strategic investment fund for salaries,
support, for not more than the following full-time equivalent
positions, and for allocating from the funds remaining
unobligated in the Wallace technology transfer foundation fund
on June 30, 1996, notwithstanding section 8.33, $200,000 for a
study regarding the feasibility of establishing an Iowa-based
airline:
$ 7,007,638
FTEs 10.50
As a condition of any portion of the appropriation made under
this lettered paragraph being used for awards from the community
economic betterment account, the department shall provide that
awards under the program of $500,000 or more must be to
businesses able to pay at least 130 percent of the average
county wage, shall review the wage cap in high wage counties and
provide that it is tied to an appropriate inflator for
determining eligibility for awards, and shall provide, in
addition to all other existing requirements for awards from the
community economic betterment account, that the remaining 10
percent of the funds shall be transferred by the department to
other programs within the strategic investment fund and used for
purposes other than the community economic betterment program
if, after 90 percent of funds in the account have been obligated
for the fiscal year, either of the following conditions have not
been met:
(1) All projects approved have starting wages not less than 90
percent of the lesser of either the average county wage or the
average regional wage, as compiled annually by the department
for the community economic betterment program. For the purposes
of this lettered paragraph, the average regional wage shall be
compiled based upon the service delivery areas in section 84B.2,
if enacted by 1996 Iowa Acts, Senate File 2409.
(2) The average starting wage for the businesses for which the
awards were made under the program shall exceed 100 percent of
the statewide average wage.
Additionally, the department shall provide an annual report on
the progress made by the department in making the community
economic betterment program a self-sustaining, revolving loan
program.
e. Targeted small business incubator
Moneys appropriated for fiscal year 1995-1996 and not expended
by June 30, 1996, shall not revert but shall be held by the
department for funding, with local matching funds, the targeted
small business incubator in Des Moines for the fiscal year
beginning July 1, 1996, and ending June 30, 1997.
f. Insurance economic development
There is appropriated from moneys collected by the division of
insurance in excess of the anticipated gross revenues under
section 505.7, subsection 3, to the department for the fiscal
year beginning July 1, 1996, and ending June 30, 1997, the
following amount, or so much thereof as is necessary, for
insurance economic development and international insurance
economic development:
$ 200,000
g. Value-added agriculture
There is appropriated from the moneys available to support
value-added agricultural products and processes, four percent,
or so much thereof as is necessary, of the total moneys
available to support value-added agricultural products and
processes pursuant to section 423.24 each quarter for
administration of the value-added agricultural products and
processes financial assistance program as provided in section
15E.111, including salaries, support, maintenance, miscellaneous
purposes, and for not more than 2.00 FTEs.
3. COMMUNITY DEVELOPMENT DIVISION
a. Community assistance
For salaries, support, maintenance, miscellaneous purposes, and
for not more than the following full-time equivalent positions
for administration of the community economic preparedness
program, the Iowa community betterment program, and the city
development boards:
$ 578,943
FTEs 8.50
There is also appropriated from the rural community 2000 program
revolving fund established in section 15.287 to the community
assistance program for the purposes of the community economic
preparedness program:
$ 50,000
b. Main street/rural main street program
For salaries and support for not more than the following
full-time equivalent positions:
$ 413,530
FTEs 3.00
Notwithstanding section 8.33, moneys committed to grantees under
contract from the general fund of the state that remain
unexpended on June 30 of the fiscal year shall not revert to any
fund but shall be available for expenditure for purposes of the
contract during the succeeding fiscal year.
c. Rural development program
For salaries, support, maintenance, miscellaneous purposes, for
not more than the following full-time equivalent positions, for
rural resource coordination, rural community leadership, rural
innovations grant program, and the rural enterprise fund and for
allocating $100,000 for the purposes of the microbusiness rural
enterprise assistance program under section 15.114:
$ 711,181
FTEs 4.50
There is also appropriated from the rural community 2000 program
revolving fund established in section 15.287 to the rural
development program for the purposes of the program including
the rural enterprise fund and collaborative skills development
training:
$ 351,000
Notwithstanding section 8.33, moneys committed to grantees under
contract from the general fund of the state or through transfers
from the Iowa community development loan fund or from the rural
community 2000 program revolving fund that remain unexpended at
the end of the fiscal year shall not revert but shall be
available for expenditure for purposes of the contract during
the succeeding fiscal year.
d. Community development block grant and HOME
For administration and related federal housing and urban
development grant administration for salaries, support,
maintenance, miscellaneous purposes, and for not more than the
following full-time equivalent positions:
$ 403,974
FTEs 18.75
e. Councils of governments
There is appropriated from the rural community 2000 program
revolving fund established in section 15.287 to provide to
Iowa's councils of governments funds for planning and technical
assistance funds to assist local governments to develop
community development strategies for addressing long-term and
short-term community needs:
$ 178,000
f. Councils of governments
For distributing on a per capita basis to each council of
governments:
$ 50,000
g. Housing development fund
For providing technical assistance to communities of all sizes
and local financial institutions to help meet local housing
needs and to provide and transfer matching funds for the HOME
program:
$ 1,300,000
Notwithstanding section 8.33, moneys committed to grantees under
contract from the housing development fund and moneys
transferred for matching funds for the HOME program that remain
unexpended or unobligated on June 30 of the fiscal year shall
not revert to any fund but shall be available for obligation and
expenditure for purposes of those programs during the succeeding
fiscal year.
4. INTERNATIONAL DIVISION
a. International trade operations
For salaries, support, maintenance, miscellaneous purposes, for
not more than the following full-time equivalent positions, and
for allocating $100,000 to promote trade opportunities in Korea
and the Pacific rim:
$ 1,027,950
FTEs 10.00
From among the full-time equivalent positions authorized by this
paragraph, one position shall concentrate on the export sale of
grain, one on the export sale of livestock, and one on the
export sale of value-added agricultural products.
b. Foreign trade offices
For salaries, support, maintenance, and miscellaneous purposes:
$ 595,250
c. Export trade assistance program
For export trade activities, including a program to encourage
and increase participation in trade shows and trade missions by
providing financial assistance to businesses for a percentage of
their costs of participating in trade shows and trade missions,
by providing for the lease/sublease of showcase space in
existing world trade centers, by providing temporary office
space for foreign buyers, international prospects, and potential
reverse investors, and by providing other promotional and
assistance activities, including salaries and support for not
more than the following full-time equivalent position:
$ 275,000
FTEs 0.25
d. Agricultural product advisory council
For support, maintenance, and miscellaneous purposes:
$ 1,300
e. For transfer to the partner state program which the
department may use to contract with private groups or
organizations which are the most appropriate to administer this
program and the groups and organizations participating in the
program shall, to the fullest extent possible, provide the funds
to match the appropriation made in this subsection of the funds
transferred:
$ 100,000
5. TOURISM DIVISION
a. Tourism operations
For salaries, support, maintenance, miscellaneous purposes, and
for not more than the following full-time equivalent positions,
provided that the appropriation shall not be used for
advertising placements for in-state and out-of-state tourism
marketing, and for allocating $300,000 for a soccer facility:
$ 1,025,212
FTEs 18.52
b. Tourism advertising
For contracting exclusively for tourism advertising for instate
and out-of-state tourism marketing services, tourism promotion
programs, electronic media, print media, and printed materials:
$ 2,737,000
The department shall not use the moneys appropriated in this
lettered paragraph, unless the department develops publicprivate
partnerships with Iowa businesses in the tourism industry, Iowa
tour groups, Iowa tourism organizations, and political
subdivisions in this state to assist in the development of
advertising efforts. The department shall, to the fullest
extent possible, develop cooperative efforts for advertising
with contributions from other sources.
c. Welcome center program
To provide tourism materials for welcome centers and for
allocating $150,000 for a new welcome center:
$ 250,000
6. BUSINESS CONSORTIA AND SUPPLIER NETWORK TRAINING
For deposit in the workforce development fund for training
directed at specific needs of businesses involved with business
consortia and supplier networks on the condition that training
shall not be provided to a business which uses outsourcing:
$ 150,000
Sec. 2. Notwithstanding section 15E.120, subsections 5, 6, and
7, and section 15.287, there is appropriated from the Iowa
community development loan fund all the moneys available during
the fiscal year beginning July 1, 1996, and ending June 30,
1997, to the department of economic development for the rural
development program to be used by the department for the
purposes of the program.
Sec. 3. Notwithstanding section 15.251, subsection 2, there is
appropriated from the job training fund to the department of
economic development 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:
For administration of chapter 260E, including salaries, support,
maintenance, miscellaneous purposes, and for not more than the
following full-time equivalent positions:
$ 160,000
FTEs 2.40
Appropriations to the department of economic development for
administration of chapter 260E and the department of employment
services for the target alliance program shall be funded on a
proportional basis if receipts to the job training fund are
insufficient to fund both appropriations in their entirety.
Sec. 4. Of all funds appropriated to or receipts credited to
the job training fund created in section 260F.6, subsection 1,
up to $125,000 for the fiscal year beginning July 1, 1996, and
ending June 30, 1997, and not more than 1.30 of the fulltime
equivalent positions may be used for the administration of the
Iowa small business new job training Act.
Sec. 5. Notwithstanding section 423.24, subsection 1, paragraph
"b", subparagraph (1), there is appropriated for the fiscal year
beginning July 1, 1996, and ending June 30, 1997, $100,000 of
the total revenues collected pursuant to section 423.7 and
deposited in the value-added agricultural products and processes
financial assistance fund, pursuant to section 423.24,
subsection 1, paragraph "b", subparagraph (1), to the Iowa
cooperative extension service in agriculture and home economics
at Iowa state university of science and technology for
administration of the Iowa grain quality initiative.
Sec. 6. The Iowa seed capital corporation is authorized up to
5.00 FTEs. The seed capital corporation shall not make any new
investments after June 30, 1997. The portfolio of investments
held by the seed capital corporation on June 30, 1997, shall be
transferred to a private entity for management of the
investments.
Sec. 7. There is appropriated from the general fund of the
state to the Iowa state university of science and technology 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. For funding and maintaining in their current locations the
existing small business development centers, and for not more
than the following full-time equivalent positions:
$ 1,216,245
FTEs 5.80
2. For funding the institute for physical research and
technology, provided that $318,358 shall be allocated to the
industrial incentive program in accordance with the intent of
the general assembly, and for not more than the following
fulltime equivalent positions:
$ 4,124,607
FTEs 46.42
It is the intent of the general assembly that the incentive
program focus on Iowa industrial sectors and seek contributions
and in-kind donations from businesses, industrial foundations,
and trade associations and that moneys for the institute for
physical research and technology industrial incentive program
shall
only be allocated for projects which are matched by private
sector moneys for directed contract research or for nondirected
research. The match required of small businesses as defined in
section 15.102, subsection 4, for directed contract research or
for nondirected research shall be $1 for each $3 of state funds.
The match required for other businesses for directed contract
research or for nondirected research shall be $1 for each $1 of
state funds. The match required of industrial foundations or
trade associations shall be $1 for each $1 of state funds.
Iowa state university shall report annually to the joint
appropriations subcommittee on economic development of the
senate and house appropriations committees the total amounts of
private contributions, the proportion of contributions from
small businesses and other businesses, and the proportion for
directed contract research and nondirected research of benefit
to Iowa businesses and industrial sectors.
Notwithstanding section 8.33, moneys appropriated for any fiscal
year which remain unobligated and unexpended at the end of the
fiscal year shall not revert but shall be available for
expenditure the following fiscal year.
Sec. 8. There is appropriated from the general fund of the
state to the state university of Iowa 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 funding the advanced drug development program at the Oakdale
research park and for not more than the following fulltime
equivalent positions:
$ 319,169
FTEs 2.85
The board of regents shall submit a report on the progress of
regents institutions in meeting the strategic plan for
technology transfer and economic development to the chairpersons
of the joint appropriations subcommittee on economic
development, the joint appropriations subcommittee on education,
the majority leader and minority leader of the senate, the
majority and minority leaders of the house of representatives,
the secretary of the senate, the chief clerk of the house of
representatives, and the legislative fiscal bureau by December
1, 1996.
Sec. 9. DEPARTMENT OF EMPLOYMENT SERVICES OR DEPARTMENT OF
WORKFORCE DEVELOPMENT. As used in this section, references to
the department of employment services shall include the
department of workforce development if enacted by Senate File
2409. There is appropriated from the general fund of the state,
to the department of employment services 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, including that the department of employment
services, the department of personnel, and the department of
management shall ensure that all nonsupervisory full-time
equivalent positions authorized and funded for the department of
employment services in this section will be utilized during the
fiscal year beginning July 1, 1996, and ending June 30, 1997,
and during future fiscal years, and will not be held vacant, to
ensure that the backlog of cases in that department will be
reduced as rapidly as possible:
1. DIVISION OF LABOR SERVICES
For salaries, support, maintenance, miscellaneous purposes, and
for not more than the following full-time equivalent positions
contingent upon the enactment of
section 12 of this Act and the provision which requires moneys
appropriated from the special employment security contingency
fund to first be used to fully fund the appropriation of
$296,000 to the division of labor services in subsection 1 of
section 13 of this Act prior to funding the appropriation in
section 13 of this Act to the division of industrial services:
$ 2,729,542
FTEs 89.50
From the contractor registration fees, the division of labor
services shall reimburse the department of inspections and
appeals for all costs associated with hearings under chapter
91C, relating to contractor registration.
2. DIVISION OF INDUSTRIAL SERVICES
For salaries, support, maintenance, miscellaneous purposes, and
for not more than the following full-time equivalent positions:
$ 2,131,389
FTEs 33.00
3. For salaries, support, maintenance, miscellaneous purposes,
and for not more than the following full-time equivalent
position for a workforce development coordinator and council:
$ 141,606
FTEs 1.00
4. For the workforce development initiative to be used to
create model workforce development centers and provide an
integrated management information system:
$ 275,000
5. For salaries, support, maintenance, miscellaneous purposes
for collection of labor market information, and for not more
than the following full-time equivalent positions:
$ 173,250
FTEs 3.20
6. For salaries, support, maintenance, and miscellaneous
purposes for the mentoring project for family investment program
participants, and for not more than the following fulltime
equivalent positions:
$ 72,000
FTEs 1.50
7. a. Youth workforce programs
For purposes of the conservation corps, including salary,
support, maintenance, and miscellaneous purposes, and for not
more than the following full-time equivalent positions:
$ 918,661
FTEs 2.40
Notwithstanding section 8.33, moneys committed to grantees under
contract that remain unexpended on June 30 of the fiscal year
shall not revert to any fund but shall be available for
expenditure for purposes of the contract during the succeeding
fiscal year.
b. Workforce investment program
For allocating $425,000 to the workforce development fund under
section 15.343 for funding, to the extent possible, the
currently existing high technology apprenticeship programs,
under section 260C.44 at the community colleges, for the
purposes of the workforce investment program, and for a
competitive grant program by the department for projects that
increase Iowa's pool of available labor via training and support
services with priority given to projects which serve displaced
homemakers or welfare recipients, including salaries and
support, and not more than the following full-time equivalent
position:
$ 903,000
FTEs 0.90
The department shall ensure that the workforce investment
program is coordinated with services provided under the federal
Job Training Partnership Act and that welfare recipients receive
priority for services under both programs.
Notwithstanding section 8.33, moneys committed to grantees under
contract that remain unexpended at the end of the fiscal year,
shall not revert to any fund but shall be available for
expenditure for purposes of the contract during the succeeding
fiscal year.
c. Labor management councils
For salaries, support, maintenance, miscellaneous purposes, and
for not more than the following full-time equivalent position:
$ 100,338
FTEs 0.50
Notwithstanding section 8.33, moneys committed to grantees under
contract that remain unexpended on June 30 of the fiscal year
shall not revert to any fund but shall be available for
expenditure for purposes of the contract during the succeeding
fiscal year. The department shall not use moneys appropriated
in this lettered paragraph for grants to grantees who do not
facilitate the active participation of labor as members of labor
management councils or who fail to make a good faith effort to
either schedule meetings during nonworking hours or obtain
voluntary agreements with employers to allow employees time off
to attend labor management council meetings with no loss of pay
or other benefits.
Sec. 10. Notwithstanding section 15.251, subsection 2, there is
appropriated from the job training fund to the department of
employment services 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 the target alliance program:
$ 30,000
Sec. 11. ADMINISTRATIVE CONTRIBUTION SURCHARGE FUND. There is
appropriated from the administrative contribution surcharge fund
of the state to
the department of employment services 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:
DIVISION OF JOB SERVICE
Notwithstanding section 96.7, subsection 12, paragraph "c", for
salaries, support, maintenance, conducting labor availability
surveys, miscellaneous purposes, and for not more than the
following full-time equivalent positions:
$ 6,310,000
FTEs 141.54
1. The department of employment services shall provide services
throughout the fiscal year beginning July 1, 1996, and ending
June 30, 1997, in all communities in which workforce centers
were operating on July 1, 1993. However, this provision shall
not prevent the consolidation of multiple offices within the
same city or the colocation of workforce centers with another
public agency.
2. The division of industrial services shall not reduce the
number of scheduled hearings of contested cases or eliminate the
venue of such hearings, as established by the division for the
period beginning January 1, 1996, and ending January 20, 1997.
The division shall also establish a substantially similar
schedule for such hearings for the period beginning January 20,
1997, and ending June 30, 1997. The division shall report to
the legislative fiscal bureau concerning any modification of the
established schedule, or any changes which the division
determines are necessary in establishing the schedule for the
period beginning January 20, 1997, and ending June 30, 1997.
3. The division shall continue charging a $65 filing fee for
workers' compensation cases. The filing fee shall be paid by
the petitioner of a claim. However, the fee can be taxed as a
cost and paid by the losing party, except in cases where it
would impose an undue hardship or be unjust under the
circumstances.
Sec. 12. EMPLOYMENT SECURITY CONTINGENCY FUND. There is
appropriated from the special employment security contingency
fund to the department of employment services 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 and subject to the requirement that the
appropriation to the division of labor services under this
section be fully funded from the special employment security
contingency fund prior to any amounts being used to fund the
appropriation made to the division of industrial services under
this section:
1. DIVISION OF LABOR SERVICES
For salaries, support, maintenance, and miscellaneous purposes:
$ 296,000
2. DIVISION OF INDUSTRIAL SERVICES
For salaries, support, maintenance, and miscellaneous purposes:
$ 175,000
Any additional penalty and interest revenue may be used to
accomplish the mission of the department.
Sec. 13. PUBLIC EMPLOYMENT RELATIONS BOARD. There is
appropriated from the general fund of the state to the public
employment relations 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:
$ 777,164
FTEs 12.80
Sec. 14. There is appropriated from the general fund of the
state to the Iowa finance authority 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 deposit in the housing improvement fund created in section
16.100 for purposes of the fund:
$ 400,000
Sec. 15. There is allocated from the unobligated funds
remaining in the Wallace technology transfer foundation fund,
after the allocation in section 1, subsection 2, paragraph "d",
of this Act, on June 30, 1996, $100,000 for deposit in the
housing improvement fund created in section 16.100 for the
purposes of the fund. Any funds remaining shall not revert to
any fund, notwithstanding section 8.33. Unobligated funds
remaining on June 30, 1997, shall revert to the general fund of
the state.
Sec. 16. NEW SECTION. 15.113 ECONOMIC DEVELOPMENT
ASSISTANCE - REPORT.
In order for the general assembly to have accurate and complete
information regarding expenditures for economic development and
job training incentives and to respond to the job training needs
of Iowa workers, the department shall provide to the legislative
fiscal bureau by January 15 of each year data on all assistance
or benefits provided under the community economic betterment
program, the new jobs and income program, and the Iowa
industrial new jobs training Act during the previous calendar
year. The department shall meet with the legislative fiscal
bureau prior to submitting the data to assure that its form and
specificity are sufficient to provide accurate and complete
information to the general assembly. The department shall also
contact other state agencies providing financial assistance to
Iowa businesses and, to the extent practical coordinate the
submission of the data to the legislative fiscal bureau.
Sec. 17. NEW SECTION. 15.114 MICROBUSINESS RURAL
ENTERPRISE ASSISTANCE.
1. As used in this section:
a. "Department" means the department of economic development.
b. "Microbusiness" or "microbusiness enterprise" means a
business producing services with five or fewer full-time
equivalent employee positions and with assistance requirements
of not more than twenty-five thousand dollars.
c. "Microbusiness organization" means a nonprofit corporation
organized under chapter 504A which is exempt from taxation
pursuant to section 501(c) of the
Internal Revenue Code and which has a principal mission of
actively engaging in microbusiness development, training,
technical assistance, and capital access for the start-up or
expansion of microbusinesses.
2. The department shall contract with a microenterprise
organization actively engaged in microbusiness enterprise to
assist in the establishment of this program. In order to
qualify for the contract, the microenterprise organization shall
do all of the following:
a. Demonstrate a past performance of and a capacity to
successfully engage in microbusiness development.
b. Have a statewide commitment to and focus on microbusiness
development.
c. Provide training and technical assistance.
d. Demonstrate an ability to provide access to capital for
start-up or expansion of a microbusiness.
e. Have established linkages with financial institutions.
f. Demonstrate an ability to provide follow-up technical
assistance after a microbusiness start-up or expansion.
3. Moneys allocated pursuant to this section which remain
unexpended or unobligated at the end of a fiscal year shall
remain available to the department to support the assistance
program or may be credited to the value-added agricultural
products and processes financial assistance fund created in
section 15E.112 and shall not revert notwithstanding section
8.33.
4. The department shall submit a report in accordance with
section 7A.11 not later than November 1 of each year detailing
the activities of the microenterprise organization and
describing the success of the project.
Sec. 18. Section 15.313, subsection 2, Code 1995, is amended by
adding the following new paragraphs:
NEW PARAGRAPH. g. The entrepreneurs with disabilities
program, which provides technical and financial assistance to
help persons with disabilities become self-sufficient and create
additional employment opportunities by establishing or expanding
small business ventures.
NEW PARAGRAPH. h. The job opportunities for persons with
disabilities program, which provides service and technical
assistance to rehabilitation organizations or agencies that
create, expand, or spin off business ventures for persons with
disabilities.
Sec. 19. NEW SECTION. 15A.4 COMPETITIVE PROGRAMS - GOOD
NEIGHBOR AGREEMENT - ADDITIONAL CONSIDERATION.
For any program providing financial assistance for economic
development in which the assistance is provided on a competitive
basis, a business which enters into a good neighbor agreement
shall receive extra consideration of at least ten points or the
equivalent. A good neighbor agreement is an enforceable
contract between the business and a community group or coalition
of community groups which requires the business to adhere to
negotiated environmental, economic, labor, or other social and
community standards.
A business which fails to abide by the good neighbor agreement
shall repay all financial assistance received under the program.
Sec. 20. Section 15E.112, subsection 1, Code 1995, is amended
to read as follows:
1. A value-added agricultural products and processes financial
assistance fund is created within the state treasury under the
control of the department. The fund shall consist of any money
appropriated by the general assembly and any other moneys
available to and obtained or accepted by the department from the
federal government or private sources for placement in the fund.
Until July 1, 2000, moneys shall be deposited in the fund as
provided in section 423.24. Not more than one percent of the
total moneys available to support value-added agricultural
products and processes pursuant to section 423.24 during each
quarter shall be used by the department for administration of
the value-added agricultural products and processes financial
assistance program, as provided in section 15E.111. The
assets of the fund shall be used by the department only for
carrying out the purposes of section 15E.111.
Sec. 21. For the fiscal year beginning July 1, 1996, and ending
June 30, 1997, section 15.343, subsection 2, paragraph "d", as
amended in Senate File 2351, if enacted, shall be available for
the funding of innovative training and career opportunity
programming for minorities, provided such funding is matched on
a dollar-for-dollar basis by a participating community college.
Sec. 22. Notwithstanding sections 15.108, 15.224 through
15.230, 15.347, 15.348, and 239.22, the department of employment
services shall administer the following programs: job training
partnership Act, Iowa conservation corps, americorps, mentoring
for promise jobs, food stamp employment and training, and the
labor/management co-op programs.
Sec. 23. 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."
ON THE PART OF THE HOUSE ON THE PART OF THE SENATE
STEVEN W. CHURCHILL, Chair TOM VILSACK, Chair
TOM BAKER TONY BISIGNANO
PHIL WISE STEVEN D.
HANSEN
On motion by Siegrist of Pottawattamie, the House was recessed
at 11:53 a.m., until 1:30 p.m.
(Conference Committee Report on Senate File 2443 pending)
AFTERNOON SESSION
The House reconvened at 1:40 p.m., Speaker Corbett in the chair.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on March 25, 1996, passed the following bill in
which the concurrence of the Senate was asked:
House File 121, a bill for an act relating to the taping and
broadcasting of certain high school athletic events.
Also: That the Senate has on May 1, 1996, adopted the conference
committee report and passed House File 2472, a bill for an act
relating to and making appropriations to the justice system and
providing effective dates.
Also: That the Senate has on May 1, 1996, passed the following
bill in which the concurrence of the House is asked:
Senate File 2469, a bill for an act relating to the
establishment of a problem gambling treatment program, creating
an advisory committee and applying a penalty.
JOHN F. DWYER, Secretary
SENATE MESSAGE CONSIDERED
Senate File 2469, by Horn and Rife, a bill for an act
relating to the establishment of a problem gambling treatment
program, creating an advisory committee and applying a penalty.
Read first time and referred to committee on state government.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-three members present,
thirty-seven absent.
The House stood at ease at 1:50 p.m., until the fall of the
gavel.
The House resumed session at 2:00 p.m., Speaker Corbett in the
chair.
The House stood at ease at 2:01 p.m., until the fall of the
gavel.
The House resumed session at 2:12 p.m., Speaker Corbett in the
chair.
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 May 1, 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 2464, a bill for an act relating to housing
development, including tax increment financing, providing for
the assessment of certain property for tax purposes, and
providing an effective date.
JOHN F. DWYER, Secretary
BUSINESS PENDING AT RECESS
The House resumed consideration of the report of the conference
committee on Senate File 2443, a bill for an act appropriating
funds to the department of economic development, the Iowa
finance authority, certain board of regents institutions, the
public employment relations board, and the department of
employment services, and making related statutory changes, found
on pages 2082-2096 of the House Journal, pending at recess.
Halvorson of Clayton rose on a point of order and invoked House
rule 39A, relating to consideration of conference committee
reports.
The Speaker ruled the point well taken.
Siegrist of Pottawattamie asked and received unanimous consent
to suspend the rules for the consideration of the report of the
conference committee on Senate File 2443.
On motion by Churchill of Polk, the House refused to adopt the
report.
SECOND CONFERENCE COMMITTEE APPOINTED
(Senate File 2443)
The Speaker announced the appointment of the second conference
committee to consider the differences between the House and
Senate concerning Senate File 2443: Millage of Scott, Chair;
Gipp of Winneshiek, Van Maanen of Marion, Baker of Polk and Wise
of Lee.
RULE 57 SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend Rule 57, relating to committee notice and agenda, for
a meeting of the committee on appropriations.
The House stood at ease at 2:56 p.m., until the fall of the
gavel.
The House resumed session at 4:23 p.m., Speaker Corbett in the
chair.
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 May 1, 1996, adopted the following resolution
in which the concurrence of the Senate was asked:
House Concurrent Resolution 28, a concurrent resolution
requesting that the United States Congress repeal the
decriminalization of status offenses mandate contained in the
federal Juvenile Justice Delinquency Prevention Act of 1974.
Also: That the Senate has on May 1, 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 2370, a bill for an act relating to energy
efficiency and alternate energy programs, electric and gas
public utility energy efficiency mandates, and the Iowa energy
center and the center for global and regional environmental
research and requiring the location of a principal office within
the state and providing an effective date and providing an
applicability provision.
JOHN F. DWYER, Secretary
SENATE AMENDMENTS CONSIDERED
Jacobs of Polk called up for consideration Senate File 2464, a
bill for an act relating to housing development, including tax
increment financing, providing for the assessment of certain
property for tax purposes, and providing an effective date,
amended by the House, further amended by the Senate and moved
that the House concur in the following Senate amendment H-6064
to the House amendment:
H-6064
1 Amend the House amendment, S-5738, to Senate File
2 2464, as amended, passed, and reprinted by the Senate,
3 as follows:
4 1. Page 1, by striking lines 7 through 22 and
5 inserting the following:
6 "A person interested in transferring real property
7 located in a district, or a broker or salesperson
8 acting on behalf of the person, shall disclose, in
9 accordance with chapter 558A, that the property is
10 located in a real estate improvement district and the
11 amount of any special assessment under this chapter
12 against the property."
13 . Page 5, by striking lines 15 through 20 and
14 inserting the following:
15 "Sec. ___. Section 558A.4, subsection 1, Code
16 1995, is amended to read as follows:
17 1. The disclosure statement shall include
18 information relating to the condition and important
19 characteristics of the property and structures located
20 on the property, including significant defects in the
21 structural integrity of the structure, as provided in
22 rules which shall be adopted by the real estate
23 commission pursuant to section 543B.9. The disclosure
24 statement shall also include whether the property is
25 located in a real estate improvement district and the
26 amount of any special assessment against the property
27 under chapter 358C. The rules may require the
28 disclosure to include information relating to the
29 property's zoning classification; the condition of
30 plumbing, heating, or electrical systems; or the
31 presence of pests.""
32 2. Page 1, by inserting after line 47 the
33 following:
34 " . Page 19, by inserting after line 7 the
35 following:
36 "Sec. ___. NEW SECTION. 364.12A CONDEMNATION OF
37 RESIDENTIAL BUILDINGS - PUBLIC PURPOSE.
38 For the purposes of section 6A.4, subsection 6, a
39 city may condemn a residential building found to be a
40 public nuisance and take title to the property for the
41 public purpose of disposing of the property under
42 section 364.7 by conveying the property to a private
43 individual for rehabilitation or for demolition and
44 construction of housing.""
45 3. Page 2, line 38, by striking the letter ""b""
46 and inserting the following: ""a", for the purposes
47 of this paragraph".
48 4. Page 3, line 17, by striking the words
49 "general fund of the state" and inserting the
50 following: "housing improvement fund".
Page 2
1 5. Page 3, line 40, by striking the words "Twenty
2 percent" and inserting the following: "Two-thirds
3 percent".
4 6. Page 3, line 44, by inserting after the figure
5 "16.100." the following: "Of the moneys transferred
6 under this paragraph, sixty percent shall be used in
7 accordance with section 16.100, subsection 1A, and
8 forty percent shall be used for the other purposes of
9 the housing improvement fund."
10 7. Page 3, by striking lines 45 through 50 and
11 inserting the following:
12 "b. One-third of the receipts shall be deposited
13 in the general fund of the state."
14 8. Page 4, by inserting after line 6 the
15 following:
16 " . Page 24, line 21, by striking the figure
17 "403A" and inserting the following: "403".
18 . Page 24, line 28, by striking the figure
19 "403A" and inserting the following: "403"."
20 9. By striking page 4, line 50, through page 5,
21 line 2, and inserting the following: "For a county, a
22 revitalization area shall include only property which
23 will be used as industrial property only, commercial
24 property, commercial property consisting of three or
25 more separate living quarters with at least seventy-
26 five percent of the space used for residential
27 purposes, or residential property. However, a
county
28 shall not provide a tax exemption under this chapter
29 to commercial property, commercial property consisting
30 of three or more separate living quarters with at
31 least seventy-five percent of the space used for
32 residential purposes, or residential property which is
33 located within the limits of a city."
34 10. Page 5, by inserting after line 45 the
35 following:
36 "DIVISION 201
37 Sec. ___. APPROPRIATION. There is appropriated
38 from the general fund of the state to the Iowa finance
39 authority for the fiscal year beginning July 1, 1995,
40 and ending June 30, 1996, the following amount, or so
41 much thereof as is necessary, to be used for the
42 purpose designated:
43 For assisting counties and cities in forming or
44 organizing housing councils:
45 $ 1,000,000
46 Notwithstanding section 8.33, moneys remaining
47 unobligated or unexpended shall not revert but shall
48 remain available to the Iowa finance authority for the
49 purposes of this section for the fiscal year beginning
50 July 1, 1996, and ending June 30, 1997. Funds
Page 3
1 remaining unobligated on June 30, 1997, shall be
2 transferred to the housing improvement fund created in
3 section 16.100."
4 11. Page 5, lines 47 and 48, by striking the word
5 and figure "and 101" and inserting the following:
6 "101, and 201".
7 12. By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-6064, to the House amendment.
Jacobs of Polk moved that the bill, as amended by the House,
further amended by the Senate and concurred in by the House, be
read a last time now and placed upon its passage which motion
prevailed and the bill was read a last time.
On the question "Shall the bill pass?" (S.F. 2464)
The ayes were, 91:
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 Larson Lord Main
Martin Mascher May Mertz
Metcalf Meyer Moreland Mundie
Murphy Nelson, B. Nelson, L. Nutt
O'Brien Ollie Osterhaus Rants
Renken Schrader Schulte Shoultz
Siegrist Taylor 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, 9:
Arnold Baker Brammer McCoy Millage
Myers Salton Sukup Teig
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 Senate File 2464 be immediately messaged to the Senate.
Nutt of Woodbury called up for consideration Senate File 2370, a
bill for an act relating to energy efficiency and alternate
energy programs, electric and gas public utility energy
efficiency mandates, and the Iowa energy center and the center
for global and regional environmental research and requiring the
location of a principal office within the state and providing an
effective date and providing an applicability provision, amended
by the House, further amended by the Senate amendment H-6065 to
the House amendment:
H-6065
1 Amend the House amendment, S-5818, to Senate File
2 2370, as amended, passed, and reprinted by the Senate,
3 as follows:
4 1. Page 1, by inserting after line 31, the
5 following:
6 " . Page 11, by inserting before line 24, the
7 following:
8 "Sec. 100. NEW SECTION. 476.46 ALTERNATE ENERGY
9 REVOLVING LOAN PROGRAM.
10 1. The Iowa energy center created under section
11 266.39C shall establish and administer an alternate
12 energy revolving loan program to encourage the
13 development of alternate energy production facilities
14 and small hydro facilities within the state.
15 2. An alternate energy revolving loan fund is
16 created in the office of the treasurer of state to be
17 administered by the Iowa energy center. The fund
18 shall include moneys remitted to the fund pursuant to
19 subsection 3 and any other moneys appropriated or
20 otherwise directed to the fund. Moneys in the fund
21 shall be used to provide loans for the construction of
22 alternate energy production facilities or small hydro
23 facilities as defined in section 476.42. A gas or
24 electric utility which is not required to be rate-
25 regulated shall not be eligible for a loan under this
26 section. A facility shall be eligible for no more
27 than two hundred fifty thousand dollars in loans
28 outstanding at any time under this program. Each loan
29 shall be for a period not to exceed twenty years,
30 shall bear no interest, and shall be repayable to the
31 fund created under this section in installments as
32 determined by the Iowa energy center. The interest
33 rate upon delinquent payments shall accelerate
34 immediately to the current legal usury limit. Any
35 loan made pursuant to this program shall become due
36 for payment upon sale of the facility for which the
37 loan was made. Interest on the fund shall be
38 deposited in the fund. Section 8.33 shall not apply
39 to the moneys in the fund.
40 3. The board shall direct all gas and electric
41 utilities required to be rate-regulated to remit to
42 the treasurer of state by July 1, 1996, eighty-five
43 one-thousandths of one percent of the total gross
44 operating revenues during calendar year 1995 derived
45 from their intrastate public utility operations, by
46 July 1, 1997, eighty-five one-thousandths of one
47 percent of the total gross operating revenues during
48 calendar year 1996 derived from their intrastate
49 public utility operations and by July 1, 1998, eighty-
50 five one-thousandths of one percent of the total gross
Page 2
1 operating revenues during calendar year 1997 derived
2 from their intrastate public utility operations. The
3 amounts collected pursuant to this section shall be in
4 addition to the amounts permitted to be assessed
5 pursuant to section 476.10 and the amounts assessed
6 pursuant to section 476.10A. The board shall allow
7 inclusion of these amounts in the budgets approved by
8 the board pursuant to section 476.6, subsection 19,
9 paragraph "a".""
10 2. Page 1, by inserting after line 35, the
11 following:
12 " . Page 14, by inserting before line 4 the
13 following:
14 "Sec. ___. Notwithstanding the restrictions
15 contained in section 28F.1, third and fourth
16 unnumbered paragraphs, and section 28F.7, a municipal
17 utility may enter into an agreement with a public
18 agency which has received for this purpose before the
19 effective date of this Act a commitment for a United
20 States department of energy grant, to jointly finance
21 one wind turbine alternate energy production facility
22 as defined in section 476.42 of not more than twenty
23 megawatts nameplate-rated capacity, and to provide the
24 municipal utility and other public or private agencies
25 with electricity from the facility. An electric
26 utility shall not be required to purchase electricity
27 from such an alternate energy production facility
28 pursuant to sections 476.43 and 476.44."
29 . Page 14, by inserting after line 5, the
30 following:
31 "Sec. ___. Section 100 of this Act being deemed of
32 immediate importance, takes effect upon enactment.""
Cataldo of Polk, in the chair at 5:11 p.m.
On motion by Nutt of Woodbury, the House concurred in the Senate
amendment H-6065, to the House amendment.
Nutt of Woodbury 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. 2370)
The ayes were, 89:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Branstad Brauns Brunkhorst
Burnett Carroll Churchill Cohoon
Connors Coon Corbett, Spkr.
Cormack Daggett Dinkla Disney
Doderer Drake Drees Eddie
Ertl Garman Gipp Greig
Greiner Gries Grundberg Hahn
Halvorson Hammitt Barry Hanson Harper
Harrison Heaton Houser Hurley
Huseman Jacobs Jochum Klemme
Kreiman Kremer Lamberti Larkin
Larson
Lord Main Martin
Mascher May McCoy Mertz
Metcalf Meyer Millage Moreland
Nelson, B. Nelson, L. Nutt Ollie
Osterhaus Rants Renken Schrader
Schulte Shoultz Siegrist Sukup
Taylor Teig Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Welter Wise
Witt Cataldo,
Presiding
The nays were, 7:
Fallon Holveck Koenigs Mundie
Murphy O'Brien Weigel
Absent or not voting, 4:
Brammer Grubbs Myers 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
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2370 be immediately messaged to the Senate.
Speaker Corbett in the chair at 5:31 p.m.
CONSIDERATION OF BILLS
Unfinished Business Calendar
The House resumed consideration of Senate File 2265, a bill for
an act relating to the required participation of parents in a
mandatory course prior to the granting of a dissolution of
marriage decree and certain other orders, and providing an
effective date, previously deferred and placed on the unfinished
business calendar and amendment H-6056, found on pages 2067-2068
of the House Journal, pending.
Hurley of Fayette asked and received unanimous consent to
withdraw amendment H-6056.
Kreiman of Davis asked and received unanimous consent to
withdraw the following amendments filed from the floor: H-6061
filed by Kreiman of Davis and H-6066 filed by Kreiman of Davis
and Hurley of Fayette.
The House stood at ease at 5:33 p.m., until the fall of the
gavel.
The House resumed session at 5:48 p.m., Cormack of Webster in
the chair.
Kreiman of Davis offered the following amendment H-6067 filed by
him and Hurley from the floor and moved its adoption:
H-6067
1 Amend Senate File 2265, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 598.7A, Code Supplement 1995,
6 is amended to read as follows:
7 598.7A DISSOLUTION OF MARRIAGE DOMESTIC RELATIONS
8 PROCEEDING - MEDIATION.
9 In addition to the custody mediation provided
10 pursuant to section 598.41, unless the court
11 determines that a history of domestic abuse exists as
12 specified in section 598.41, subsection 3, paragraph
13 "j", or unless the court determines that direct
14 physical harm or significant emotional harm to the
15 child, other children, or a parent is likely to
16 result, or unless the action involves a child support
17 or medical support obligation enforced by the child
18 support recovery unit, on the application of either
19 party, or on the court's own motion, the court may
20 require shall determine in each domestic relations
21 proceeding or modification of any order relating to
22 those proceedings whether the parties to the
23 proceeding shall participate in mediation to attempt
24 to resolve differences between the parties relative to
25 the granting of a marriage dissolution decree, if the
26 court determines that mediation may effectuate a
27 resolution of the differences without court
28 intervention. The court may order participation in
29 mediation at any time prior to the entering of a final
30 order or the granting of a final decree.
31 The costs of mediation shall be paid in full or in
32 part by the parties, as determined by the court and
33 taxed as court costs."
34 2. Page 1, line 1, by striking the word and
35 figure "Section 1." and inserting the following:
36 "Sec. 2."
37 3. Page 1, by striking lines 3 through 13 and
38 inserting the following:
39 "1. The parties to any action which involves the
40 issues of child custody or visitation shall
41 participate in a court-approved course to educate and
42 sensitize the parties to the needs of any child or
43 party during and subsequent to the proceeding within
44 forty-five days of the service of notice and petition
45 for the action or within forty-five days of the
46 service of notice and application for modification of
47 an order. Participation in the course may be waived
48 or delayed by the court for good cause including, but
49 not limited to, a default by any of the parties.
50 Participation in the course is not required if the
Page 2
1 proceeding involves termination of parental rights of
2 any of the parties. A final decree shall not be
3 granted or a final order shall not be entered until
4 the parties have complied with this section."
5 4. Page 1, line 23, by inserting after the word
6 "minimum" the following: "and as appropriate".
7 5. Page 1, by striking lines 28 and 29 and
8 inserting the following: "responsibilities of parents
9 following divorce."
10 6. Page 1, by inserting before line 30 the
11 following:
12 "5. In addition to the provisions of this section
13 relating to the required participation in a court-
14 approved course by the parties to an action as
15 described in subsection 1, the court may require age-
16 appropriate counseling for children who are involved
17 in a dissolution of marriage action. The counseling
18 may be provided by a public or private entity approved
19 by the court. The costs of the counseling shall be
20 taxed as court costs.
21 6. The supreme court may prescribe rules to
22 implement this section."
23 7. Page 1, line 30, by striking the word "This"
24 and inserting the following: "Section 2 of this".
25 8. Title page, line 1, by inserting after the
26 word "to" the following: "domestic relations
27 including".
28 9. By renumbering as necessary.
Amendment H-6067 was adopted, placing amendment H-6063, filed by
Mascher of Johnson from the floor, out of order.
Hurley of Fayette moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 2265)
The ayes were, 92:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill
Cohoon Connors Coon Corbett, Spkr.
Daggett Dinkla Disney Doderer
Drake Eddie Ertl Fallon
Garman Gipp Greig Greiner
Gries Grundberg Hahn
Halvorson Hammitt Barry Hanson Harper
Harrison Heaton Holveck Houser
Hurley Huseman Jacobs Jochum
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Main Martin Mascher May
McCoy Mertz Metcalf Meyer
Mundie Murphy Nelson, B. Nelson, L.
Nutt O'Brien Ollie Osterhaus
Rants Renken Schulte Shoultz
Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Witt
Cormack, Presiding
The nays were, 4:
Drees Millage Moreland Schrader
Absent or not voting, 4:
Brammer Grubbs Myers 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
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2265 be immediately messaged to the Senate.
CONSIDERATION OF HOUSE RESOLUTION 114
Kreiman of Davis asked and received unanimous consent for the
immediate consideration of House Resolution 114, a resolution
honoring students and teachers from Albia Community High School
for their accomplishments at the recent Orlando Festival of
Music in Orlando, Florida, and moved its adoption.
The motion prevailed and the resolution was adopted.
The House resumed consideration of Senate File 2206, a bill for
an act providing for animal health and racing and making
penalties applicable, previously deferred and placed on the
unfinished business calendar.
Speaker pro tempore Van Maanen of Marion in the chair at 6:24
p.m.
Tyrrell of Iowa offered the following amendment H-5508 filed by
the committee on state government and moved its adoption:
H-5508
1 Amend Senate File 2206, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 99D.7, subsection 18, Code
6 Supplement 1995, is amended to read as follows:
7 18. To revoke or suspend licenses and impose fines
8 not to exceed one thousand dollars."
9 2. By renumbering as necessary.
The committee amendment H-5508 was adopted.
Garman of Story offered the following amendment H-6025 filed by
her and moved its adoption:
H-6025
1 Amend Senate File 2206, as passed by the Senate, as
2 follows:
3 1. Page 1, lines 30 and 31, by striking the words
4 "two point two five" and inserting the following:
5 "two point two".
Amendment H-6025 lost.
Garman of Story offered amendment H-5532 filed by her as follows:
H-5532
1 Amend Senate File 2206, as passed by the Senate, as
2 follows:
3 1. Page 3, by inserting after line 13 the
4 following:
5 "Sec. ___. Section 99F.9, subsection 5, Code 1995,
6 is amended to read as follows:
7 5. A person under the age of twenty-one years
8 shall not make a wager on an excursion gambling boat
9 or at a racetrack enclosure and shall not be allowed
10 in the area of the excursion boat where gambling is
11 being conducted or in the area of a racetrack
12 enclosure where slot machines are operated. However,
13 a person eighteen years of age or older may be
14 employed to work in a gambling area."
15 2. By renumbering as necessary.
Hammitt Barry of Harrison rose on a point of order that
amendment H-5532 was not germane.
The Speaker ruled the point well taken and amendment H-5532 not
germane.
Garman of Story asked for unanimous consent to suspend the rules
to consider amendment H-5532.
Objection was raised.
Garman of Story moved to suspend the rules to consider amendment
H-5532.
A non-record roll call was requested.
The ayes were 30, nays 46.
The motion to suspend the rules lost.
Tyrrell of Iowa offered the following amendment H-5925 filed by
him from the floor and moved its adoption:
H-5925
1 Amend Senate File 2206, as passed by the Senate, as
2 follows:
3 1. Page 3, by inserting after line 19 the
4 following:
5 "Sec. ___. EFFECTIVE DATE. This Act, being deemed
6 of immediate importance, takes effect upon enactment."
7 2. Title page, line 1, by striking the words
8 "racing and" and inserting the following: "racing,".
9 3. Title page, line 2, by inserting after the
10 word "applicable" the following: ", and providing an
11 effective date".
Amendment H-5925 was adopted.
Siegrist of Pottawattamie in the chair at 6:41 p.m.
Gipp of Winneshiek asked and received unanimous consent that
Senate File 2206 be deferred and placed on the unfinished
business calendar.
The House stood at ease at 6:43 p.m., until the fall of the
gavel.
The House resumed session at 7:18 p.m., Renken of Grundy in the
chair.
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 May 1, 1996, concurred in the House amendment
and passed the following bill in which the concurrence of the
Senate was asked:
Senate File 454, a bill for an act relating to the establishment
of an assisted living program within the department of elder
affairs, providing for implementation, and providing penalties.
JOHN F. DWYER, Secretary
COMMITTEE RECOMMENDATION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation has been received
and is on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON APPROPRIATIONS
Senate File 2470, a bill for an act relating to state
expenditure and regulatory matters by making standing and other
appropriations, and providing technical provisions, studies of
runaway youth, physician utilization, and retirement system
issues, and providing a penalty and effective dates.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-6068 May 1, 1996
RULES SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend the rules for immediate consideration of Senate File
2470.
Appropriations Calendar
Senate File 2470, a bill for an act relating to state
expenditure and regulatory matters by making standing and other
appropriations, and providing technical provisions, studies of
runaway youth, physician utilization, and retirement system
issues, and providing a penalty and effective dates, with report
of committee recommending amendment and passage, was taken up
for consideration.
Millage of Scott offered amendment H-6068 filed from the floor
by the committee on appropriations as follows:
H-6068
1 Amend Senate File 2470, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, line 17, by striking the words
4 "fifteen million seven one hundred" and
inserting the
5 following: "fourteen million seven five hundred
6 twenty".
7 2. Page 2, lines 26 and 27, by striking the words
8 "eight million one two hundred twenty-five
fifty" and
9 inserting the following: "seven million one six
10 hundred twenty-five seventy".
11 3. Page 4, by striking lines 19 through 32.
12 4. Page 5, by inserting after line 13 the
13 following:
14 "4. To Clyde Dalbey for a claim relating to an
15 individual income tax refund:
16 $ 1,922.39
17 5. To Cecil Travis of Ankeny for a claim relating
18 to a mobile home use tax refund:
19 $ 420.00"
20 5. Page 6, by striking lines 12 through 14.
21 6. Page 6, by inserting after line 24 the
22 following:
23 "The moneys appropriated in this subsection shall
24 be utilized for purposes of providing information,
25 technical assistance, coordination, and legal advice
26 to groups of farmers who desire to create a value-
27 added cooperative. The primary goal shall be to
28 assist the successful development of such cooperatives
29 while minimizing the risks to the farmers involved."
30 7. Page 9, by inserting after line 1 the
31 following:
32 " . To the department of economic development
33 for a grant for completion of the Cherokee area rural
34 economic development center in Cherokee:
35 $ 150,000"
36 8. Page 9, by inserting after line 30 the
37 following:
38 " . To the department of natural resources for a
39 grant to the city of Sioux City for expenses
40 associated with the Perry creek flood control and
41 greenway project:
42 $ 100,000"
43 9. Page 10, by inserting after line 3 the
44 following:
45 "___. To the Iowa department of public health for
46 the period beginning July 1, 1996, and ending June 30,
47 1998, to be used for purposes of supporting a program
48 to assist counties in testing private wells and waters
49 of the state for pollution caused by confinement
50 feeding operations:
Page 2
1 $ 50,000
2 From moneys appropriated in this subsection, the
3 department shall support testing programs administered
4 by counties which may submit an application to the
5 department to participate in the state assistance
6 program, as provided by the department. The county
7 shall perform testing within a test area. As used in
8 this subsection, "test area" means an area within a
9 two-mile radius of any structure used to store manure
10 which is part of a confinement feeding operation.
11 Iowa state university of science and technology shall
12 adopt necessary standards, protocols, and criteria for
13 testing by counties. The program shall be
14 administered within each participating county by the
15 county's board of health or the board's designee. The
16 testing may be performed with volunteer assistance.
17 However, all testing shall be performed under the
18 supervision of a county official. The samples of the
19 testing shall be analyzed by the state hygienic
20 laboratory at the state university of Iowa. All
21 moneys available under this subsection shall only be
22 used for the following purposes:
23 a. Analyzing test samples by the state hygienic
24 laboratory.
25 b. Performing tests by counties. However, not
26 more than $50 of the moneys available to a county
27 under this subsection shall be used to pay for
28 administering testing by the county within any test
29 area, including labor and equipment costs, regardless
30 of the number of tests performed by the county within
31 the test area."
32 10. Page 10, line 19, by striking the figure
33 "50,000" and inserting the following: "100,000".
34 11. Page 11, by inserting after line 18 the
35 following:
36 " . To the department of commerce for the
37 insurance division to continue the senior health
38 insurance information program:
39 $ 75,000
40 . To the department of elder affairs for the
41 older Iowans' legislature:
42 $ 15,000
43 . To the department of natural resources for
44 testing of animal feeding operations and their
45 structures, in accordance with this subsection:
46 $ 185,000
47 The department of natural resources shall utilize
48 the moneys appropriated in this subsection to perform
49 testing of animal feeding operations and their
50 structures, including confinement feeding operations
Page 3
1 and confinement feeding operation structures all as
2 defined in section 455B.161, and manure management and
3 disposal systems used by such operations. The
4 operations and their structures or systems must have
5 been constructed or installed on or before July 1,
6 1985. The testing shall be for the purpose of
7 determining the extent to which operations and their
8 structures and manure management and disposal systems
9 contribute to point and nonpoint contamination of the
10 state's groundwater and surface water. A person
11 owning or operating an animal feeding operation may
12 cooperate with the department in carrying out this
13 subsection. The identity of the animal feeding
14 operations shall be confidential and not subject to
15 chapter 22. The findings of the testing shall not be
16 used in a case or proceeding brought against a person
17 based upon a violation of state law. The department
18 shall report its findings and recommendations to the
19 general assembly not later than January 15, 1998."
20 12. Page 19, by inserting after line 33 the
21 following:
22 "Sec. ___. INSTITUTE REFERENCE. The reference to
23 the "institute of public leadership" in 1996 Iowa
24 Acts, House File 2477, section 12, subsection 3,
25 paragraph "a", if enacted, means the Iowa institute
26 for public leadership."
27 13. Page 20, by inserting after line 3 the
28 following:
29 "Sec. ___. VERTICAL INFRASTRUCTURE TASK FORCE.
30 Notwithstanding the membership specified for the
31 vertical infrastructure definition task force as
32 created in 1996 Iowa Acts, House File 2421, if
33 enacted, a representative from the national electrical
34 contractors association, Iowa chapter, shall be a
35 member of the task force rather than a representative
36 from the Iowa chapter, national electrical
37 association."
38 14. Page 21, line 18, by inserting after the word
39 "building" the following: "and the old historical
40 building".
41 15. Page 21, by inserting after line 30 the
42 following:
43 "Sec. ___. DEPARTMENT OF HUMAN SERVICES - LOCAL
44 PURCHASE. There is appropriated from the general fund
45 of the state to the department of human services for
46 the fiscal year beginning July 1, 1995, and ending
47 June 30, 1996, the following amount, or so much
48 thereof as is necessary, to be used for the purpose
49 designated:
50 For replacement of federal social services block
Page 4
1 grant funding allocated in 1995 Iowa Acts, chapter
2 208, section 10, subsection 3, paragraphs "d" and "g",
3 and subsequently reduced by the federal government,
4 for local administrative costs and other local
5 services and for local purchase of services for
6 persons with mental illness or mental retardation or
7 other developmental disability:
8 $ 1,600,000
9 Sec. ___. DEPARTMENT OF HUMAN SERVICES - SPECIAL
10 AUTHORIZATION. Notwithstanding sections 8.33 and
11 8.62, and any other provision of law to the contrary,
12 not more than $2,200,000 of moneys appropriated to the
13 department of human services for the fiscal year
14 beginning July 1, 1995, and ending June 30, 1996,
15 which remain unobligated or unexpended shall not
16 revert to the fund from which appropriated but shall
17 remain available in the succeeding fiscal year for use
18 as follows:
19 1. For the adolescent tracking and monitoring
20 program, $1,200,000.
21 2. For upgrading computer hardware, $1,000,000.
22 If the actual amount of moneys available pursuant
23 to this section is less than $2,200,000, the
24 department shall prorate the actual amount based upon
25 the relative amounts allocated in subsections 1 and
26 2."
27 16. Page 22, lines 5 and 6, by striking the words
28 "department of personnel" and inserting the following:
29 "Iowa public employees' retirement system".
30 17. Page 22, line 18, by striking the words
31 "department of personnel" and inserting the following:
32 "Iowa public employees' retirement system".
33 18. Page 22, line 23, by striking the words
34 "department of personnel" and inserting the following:
35 "system".
36 19. Page 23, by striking lines 4 through 7 and
37 inserting the following: "to be located in southwest
38 Iowa."
39 20. Page 24, by inserting after line 28 the
40 following:
41 "Sec. ___. WORKFORCE DEVELOPMENT FUND. There is
42 appropriated from the workforce development fund
43 account, as established in 1996 Iowa Acts, Senate File
44 2351, section 1, for the fiscal year beginning July 1,
45 1996, and ending June 30, 1997, to the workforce
46 development fund created in section 15.343, the
47 following amount for the purposes of the workforce
48 development fund:
49 $ 3,152,000"
50 21. By striking page 24, line 29, through page
Page 5
1 25, line 19.
2 22. By striking page 25, line 20, through page
3 26, line 3.
4 23. Page 26, by striking lines 4 through 25.
5 24. Page 27, by inserting after line 23 the
6 following:
7 "Sec. ___. DEPARTMENT OF HUMAN SERVICES CONTINGENT
8 REDUCTION. Notwithstanding contrary provisions of
9 section 8.41, subsection 3, as enacted by 1996 Iowa
10 Acts, House File 2256, if during the fiscal year
11 beginning July 1, 1996, the department of human
12 services receives federal funding for child day care
13 assistance which is unanticipated and has not been
14 budgeted, the funding shall be used as provided in
15 1996 Iowa Acts, Senate File 2442, section 6, if
16 enacted, and the appropriation in that section is
17 reduced by an equivalent amount.
18 Sec. ___. GROUP FOSTER CARE TARGET.
19 Notwithstanding 1996 Iowa Acts, Senate File 2442,
20 section 10, subsection 2, paragraph "a", if enacted,
21 the amount allocated as the statewide expenditure
22 target under section 242.143 for group foster care
23 maintenance and services is $23,601,280.
24 Sec. ___. 1996 Iowa Acts, House File 2472, section
25 21, subsection 2, paragraph b, unnumbered paragraph 2,
26 if enacted, is amended to read as follows:
27 The department of public safety, with the approval
28 of the department of management, may employ no more
29 than two special agents and four gaming enforcement
30 officers for each additional riverboat regulated after
31 March 31, 1996, and one special agent for each racing
32 facility which becomes operational during the fiscal
33 year beginning July 1, 1996. One additional gaming
34 enforcement officer, up to a total of four per boat,
35 may be employed for each riverboat that has extended
36 operations to 24 hours and has not previously operated
37 with a 24-hour schedule. Positions authorized in this
38 paragraph are in addition to the full-time equivalent
39 positions authorized in this subsection."
40 25. Page 32, by inserting after line 31 the
41 following:
42 "Sec. ___. Section 159.29, subsection 2,
43 unnumbered paragraph 1, Code 1995, is amended to read
44 as follows:
45 An owner of an agricultural drainage well and a
46 landholder whose land is drained by the well or wells
47 of another person shall develop, in consultation with
48 the department of agriculture and land stewardship and
49 the department of natural resources, a plan which
50 proposes alternatives to the use of agricultural
Page 6
1 drainage wells by July 1, 1996 1998."
2 26. Page 35, by inserting after line 2 the
3 following:
4 "Sec. ___. NEW SECTION. 279.8A TRAFFIC AND
5 PARKING.
6 The board may make necessary rules to provide for
7 the policing, control, and regulation of traffic and
8 parking of vehicles and bicycles on school grounds.
9 The rules may provide for the use of institutional
10 roads, driveways, and grounds; registration of
11 vehicles and bicycles; the designation of parking
12 areas; the erection and maintenance of signs
13 designating prohibitions or restrictions; the
14 installation and maintenance of parking control
15 devices; and assessment, enforcement, and collection
16 of reasonable penalties for the violation of the
17 rules.
18 Rules made under this section may be enforced under
19 procedures adopted by the board. Penalties may be
20 imposed for violation of the rules, including, but not
21 limited to, a reasonable monetary penalty. The rules
22 made under this section may also be enforced by the
23 impoundment of vehicles and bicycles for violation of
24 the rules. The board shall establish procedures for
25 the determination of controversies in connection with
26 the imposition of penalties. The procedures must
27 require giving notice of the violation and the penalty
28 prescribed and providing the opportunity for an
29 administrative hearing.
30 The board may contract with a city or county to
31 enforce rules made under this section by ordinance of
32 the city or county, and shall consult with local
33 government transportation officials to ensure that
34 rules made pursuant to this section are not in
35 conflict with city or county parking and traffic
36 ordinances.
37 Sec. ___. Section 356.7, as enacted by 1996 Iowa
38 Acts, Senate File 2352, section 1, is amended to read
39 as follows:
40 356.7 CHARGE FOR ROOM AND BOARD - LIEN.
41 1. The county sheriff may charge a prisoner who is
42 eighteen years of age or older for the room and board
43 provided to the prisoner while in the custody of the
44 county sheriff. Moneys collected by the sheriff under
45 this section shall be credited to the county general
46 fund and distributed as provided in this section. If
47 a prisoner fails to pay for the room and board, the
48 sheriff may file a room and board reimbursement lien
49 as provided in subsection 2. The county attorney may
50 file the room and board reimbursement lien on behalf
Page 7
1 of the sheriff and the county. This section does not
2 apply to prisoners who are paying for their room and
3 board by court order pursuant to sections 356.26
4 through 356.35.
5 2. The sheriff or the county attorney, on behalf
6 of the sheriff, may file a room and board
7 reimbursement lien with the clerk of the district
8 court which shall include all of the following
9 information, if known:
10 a. The name and date of birth of the person whose
11 property or other interests are subject to the lien.
12 b. The present address of the residence and
13 principal place of business of the person named in the
14 lien.
15 c. The criminal proceeding pursuant to which the
16 lien is filed, including the name of the court, the
17 title of the action, and the court's file number.
18 d. The name and address of the sheriff or the name
19 and address of the county attorney who is filing the
20 lien on behalf of the sheriff.
21 e. A statement that the notice is being filed
22 pursuant to this section.
23 f. The amount of room and board reimbursement the
24 person has been ordered to pay or is likely to be
25 ordered to pay.
26 3. The filing of a room and board reimbursement
27 lien in accordance with this section creates a lien in
28 favor of the sheriff in any personal or real property
29 identified in the lien to the extent of the interest
30 held in that property by the person named in the lien.
31 4. This section does not limit the right of the
32 sheriff to obtain any other remedy authorized by law.
33 5. Of the moneys collected and credited to the
34 county general fund as provided in this section, sixty
35 percent of the moneys collected shall be used for the
36 following purposes:
37 a. Courthouse security equipment and law
38 enforcement personnel costs.
39 b. Infrastructure improvements of a jail including
40 new or remodeling costs.
41 c. Infrastructure improvements of juvenile
42 detention facilities, including new or remodeling
43 costs.
44 The sheriff may submit a plan or recommendations to
45 the county board of supervisors for the use of the
46 funds as provided in this subsection or the sheriff
47 and board may jointly develop a plan for the use of
48 the funds.
49 The county board of supervisors shall review the
50 plan or recommendations submitted by the sheriff
Page 8
1 during the normal budget process of the county."
2 27. Page 35, by inserting after line 32 the
3 following:
4 "Sec. ___. NEW SECTION. 509A.14A IOWA INDIVIDUAL
5 HEALTH BENEFIT REINSURANCE ASSOCIATION - ELECTION NOT
6 TO PARTICIPATE.
7 A political subdivision of the state, other than a
8 school corporation, providing health insurance or
9 health benefits for employees pursuant to section
10 509A.14 may elect not to participate in the Iowa
11 individual health benefit reinsurance association
12 established in section 513C.10 in accordance with and
13 subject to the terms and conditions adopted by the
14 board of the Iowa individual health benefit
15 reinsurance association. Health insurance or health
16 benefits provided by a political subdivision of the
17 state, other than a school corporation, which elects
18 not to participate in the Iowa individual health
19 benefit reinsurance association shall not be
20 considered qualifying existing coverage or qualifying
21 previous coverage as defined in section 513C.3.
22 Sec. ___. Section 602.8107, subsection 2,
23 paragraph d, Code Supplement 1995, is amended to read
24 as follows:
25 d. Court costs, including correctional fees
26 assessed pursuant to sections 356.7 and 904.108,
27 court-appointed attorney fees, or public defender
28 expenses."
29 28. Page 36, by inserting after line 5 the
30 following:
31 "Sec. ___. Section 904.108, Code 1995, is amended
32 by adding the following new subsection:
33 NEW SUBSECTION. 7. The director may charge an
34 inmate a correctional fee for custodial expenses
35 incurred or which may be incurred while the inmate is
36 in the custody of the department. The custodial
37 expenses may include, but are not limited to, board
38 and room, medical and dental fees, education costs,
39 clothing costs, and the costs of supervision,
40 services, and treatment to the inmate. The
41 correctional fee shall not exceed the actual cost of
42 keeping the inmate in custody. The correctional fees
43 shall be assessed as court costs and any correctional
44 fees collected pursuant to this subsection shall be
45 credited to the general fund of the state. The
46 correctional fees shall be collected as other court
47 costs pursuant to section 602.8107. This subsection
48 does not limit the right of the director to obtain any
49 other remedy authorized by law."
50 29. Page 36, by inserting after line 9 the
Page 9
1 following:
2 "DIVISION
3 COUNTY PROVISIONS
4 Sec. 100. Section 331.424, subsection 1, paragraph
5 a, subparagraph (1), Code Supplement 1995, is amended
6 to read as follows:
7 (1) The costs of inpatient or outpatient substance
8 abuse admission, commitment, transportation, care, and
9 treatment at any of the following:
10 (a) Care and treatment of persons at the The
11 alcoholic treatment center at Oakdale. However, the
12 county may require that an admission to the center
13 shall be reported to the board by the center within
14 five days as a condition of the payment of county
15 funds for that admission.
16 (b) A state mental health institute, or a
17 community-based public or private facility or service.
18 Sec. ___. Section 331.424A, subsection 4, Code
19 Supplement 1995, as amended by 1996 Iowa Acts, Senate
20 File 2030, section 1, is amended to read as follows:
21 4. For the fiscal year beginning July 1, 1996, and
22 for each subsequent fiscal year, the county shall
23 certify a levy for payment of services. Unless
24 otherwise provided by state law, for For each fiscal
25 year, county revenues from taxes imposed by the county
26 credited to the services fund shall not exceed an
27 amount equal to the amount of base year expenditures
28 for services as defined in section 331.438, less the
29 amount of property tax relief to be received pursuant
30 to section 426B.2, subsections 1 and 3, in the fiscal
31 year for which the budget is certified. The county
32 auditor and the board of supervisors shall reduce the
33 amount of the levy certified for the services fund by
34 the amount of property tax relief to be received. A
35 levy certified under this section is not subject to
36 the appeal provisions of sections 331.426 and 444.25B
37 or to any other provision in law authorizing a county
38 to exceed, increase, or appeal a property tax levy
39 limit.
40 Sec. ___. Section 426B.1, Code Supplement 1995, is
41 amended by adding the following new subsection:
42 NEW SUBSECTION. 3. There is annually appropriated
43 from the property tax relief fund to the department of
44 human services to supplement the medical assistance
45 appropriation for the fiscal year beginning July 1,
46 1997, and for succeeding fiscal years, six million six
47 hundred thousand dollars to be used for the nonfederal
48 share of the costs of services provided to minors with
49 mental retardation under the medical assistance
50 program to meet the requirements of section 249A.12,
Page 10
1 subsection 4. The appropriation in this subsection
2 shall be charged to the property tax relief fund prior
3 to the distribution of moneys from the fund under
4 section 426B.2 and the amount of moneys available for
5 distribution shall be reduced accordingly. However,
6 the appropriation in this subsection shall be
7 considered to be a property tax relief payment for
8 purposes of the combined amount of payments required
9 to achieve fifty percent of the counties' base year
10 expenditures as provided in section 426B.2, subsection
11 3.
12 Sec. ___. Section 444.25A, subsection 2, paragraph
13 e, unnumbered paragraph 2, Code Supplement 1995, is
14 amended to read as follows:
15 For purposes of this paragraph, the price index for
16 government purchases by type for state and local
17 governments is defined by the bureau of economic
18 analysis of the United States department of commerce
19 and published in table 7.11 of the national income and
20 products accounts. For the fiscal years beginning
21 July 1, 1995, and July 1, 1996, the price index used
22 shall be the revision published in the November 1994
23 and November 1995 issues, respectively, of the United
24 States department of commerce publication, "survey of
25 current business". For purposes of this paragraph,
26 tax dollars levied in the fiscal years beginning July
27 1, 1994, and July 1, 1995, shall not include funds
28 levied for paragraphs "a", "b", and "c", and "d" of
29 this subsection.
30 Sec. ___. Section 444.25B, subsection 1,
31 unnumbered paragraph 1, Code Supplement 1995, is
32 amended to read as follows:
33 The maximum amount of property tax dollars which
34 may be certified by a county for taxes payable in the
35 fiscal year beginning July 1, 1997, shall not exceed
36 the amount of property tax dollars certified by the
37 county for taxes payable in the fiscal year beginning
38 July 1, 1996, minus the amount by which the property
39 tax relief moneys to be received by the county in the
40 fiscal year beginning July 1, 1997, pursuant to
41 section 426B.2, subsections 1 and 3, exceed the amount
42 of the property tax relief moneys received in the
43 fiscal year beginning July 1, 1996, for each of the
44 levies for the following, except for the levies on the
45 increase in taxable valuation due to new construction,
46 additions or improvements to existing structures,
47 remodeling of existing structures for which a building
48 permit is required, annexation, and phasing out of tax
49 exemptions, and on the increase in valuation of
50 taxable property as a result of a comprehensive
Page 11
1 revaluation by a private appraiser under a contract
2 entered into prior to January 1, 1992, or as a result
3 of a comprehensive revaluation directed or authorized
4 by the conference board prior to January 1, 1992, with
5 documentation of the contract, authorization, or
6 directive on the revaluation provided to the director
7 of revenue and finance, if the levies are equal to or
8 less than the levies for the previous year, levies on
9 that portion of the taxable property located in an
10 urban renewal project the tax revenues from which are
11 no longer divided as provided in section 403.19,
12 subsection 2, or as otherwise provided in this
13 section:
14 Sec. ___. Section 444.25B, subsection 2, Code
15 Supplement 1995, is amended by adding the following
16 new paragraph after paragraph d and relettering the
17 subsequent paragraph:
18 NEW PARAGRAPH. dd. Mental health, mental
19 retardation, and developmental disabilities services
20 fund under section 331.424A.
21 Sec. ___. Section 444.25B, subsection 2, paragraph
22 e, unnumbered paragraphs 1 and 2, Code Supplement
23 1995, are amended to read as follows:
24 Unusual need for additional moneys to finance
25 existing programs which would provide substantial
26 benefit to county residents or compelling need to
27 finance new programs which would provide substantial
28 benefit to county residents. The increase in taxes
29 levied under this exception for the fiscal year
30 beginning July 1, 1997, is limited to no more than the
31 product of the total tax dollars levied in the fiscal
32 year beginning July 1, 1996, and the percent change,
33 computed to two decimal places, in the price index for
34 government purchases by type for state and local
35 governments computed between the preliminary price
36 index for the third quarter of calendar year 1996
from
37 that computed and the revised price index for the
38 third quarter of calendar year 1995 as published in
39 the same issue in which the preliminary 1996 third
40 quarter price index is first published.
41 For purposes of this paragraph, the price index for
42 government purchases by type for state and local
43 governments is defined by the bureau of economic
44 analysis of the United States department of commerce
45 and published in table 7.11 of the national income and
46 products accounts. For the fiscal year beginning July
47 1, 1997, the price index used shall be the revision
48 published in the November 1996 edition of the United
49 States department of commerce publication, "survey of
50 current business" state and local government chain-
Page 12
1 type price index used in the quantity and price
2 indexes for gross domestic product, as published by
3 the bureau of economic analysis of the United States
4 department of commerce in the national income and
5 products accounts as published in "survey of current
6 business". For purposes of this paragraph, tax
7 dollars levied in the fiscal year beginning July 1,
8 1996, shall not include funds levied for paragraphs
9 "a", "b", and "c", "d", and "dd" of this subsection.
10 Sec. ___. Section 444.25B, Code Supplement 1995,
11 is amended by adding the following new subsection:
12 NEW SUBSECTION. 5. MH/MR/DD LEVY ADJUSTMENT. A
13 county which did not certify the maximum levy
14 authorized for the county's mental health, mental
15 retardation, and developmental disabilities services
16 fund under section 331.424A, subsection 4, for the
17 fiscal year beginning July 1, 1996, may certify up to
18 the maximum authorized levy under the services fund
19 for the fiscal year beginning July 1, 1997. However,
20 any amount of increase in the certified services fund
21 levy under this subsection over the amount certified
22 for the services fund in the previous fiscal year
23 shall be offset by an equivalent decrease in the
24 amount certified by the county for general county
25 services.
26 Sec. ___. EFFECTIVE DATE. Section 100 of this
27 division of this Act, relating to substance abuse
28 treatment costs, being deemed of immediate importance,
29 takes effect upon enactment."
30 30. Title page, line 1, by striking the words
31 "state expenditure" and inserting the following:
32 "public levy, expenditure,".
33 31. By renumbering, relettering, or redesignating
34 and correcting internal references as necessary.
Houser of Pottawattamie offered amendment H-6076, to the
committee amendment H-6068, filed by him from the floor as
follows:
H-6076
1 Amend the amendment, H-6068, to Senate File 2470,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 5, by striking line 17 and inserting the
5 following: ", reduced by up to an equivalent amount,
6 to the extent that federal funding for child day care
7 is not jeopardized by the reduction of the
8 appropriation in that section."
The House stood at ease at 7:27 p.m., until the fall of the
gavel.
The House resumed session at 8:02 p.m., and consideration of
amendment H-6076, to the committee amendment H-6068, Renken of
Grundy in the chair.
On motion by Houser of Pottawattamie, amendment H-6076 was
adopted.
Murphy of Dubuque offered the following amendment H-6078, to the
committee amendment H-6068, filed by Kreiman of Davis from the
floor and moved its adoption.
H-6078
1 Amend the amendment, H-6068, to Senate File 2470,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 7, line 48, by inserting after the word
5 "funds." the following: "Subject to the
requirements
6 of this subsection, funds may be used in the manner
7 set forth in an agreement entered into under chapter
8 28E."
Amendment H-6078 was adopted.
On motion by Millage of Scott, the committee amendment H-6068,
as amended, was adopted.
Millage of Scott offered the following amendment H-6077 filed by
him and Murphy from the floor and moved its adoption:
H-6077
1 Amend Senate File 2470, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting after line 11 the
4 following:
5 "Sec. ___. Section 261.12, Code Supplement 1995,
6 is amended by adding the following new subsection:
7 NEW SUBSECTION. 1A. The amount of a tuition grant
8 to a qualified full-time student for the summer
9 semester or trimester equivalent shall be one-half the
10 amount of the tuition grant the student receives under
11 subsection 1.
12 Sec. ___. Section 261.12, subsection 2, Code
13 Supplement 1995, is amended to read as follows:
14 2. The amount of a tuition grant to a qualified
15 part-time student enrolled in a course of study
16 including at least three semester hours but fewer than
17 twelve semester hours for the fall, and spring,
and
18 summer semesters, or the trimester or quarter
19 equivalent, shall be equal to the amount of a tuition
20 grant that would be paid to a full-time student times
21 a number which represents the number of hours in which
22 the part-time student is actually enrolled divided by
23 twelve semester hours, or the trimester or quarter
24 equivalent.
25 Sec. ___. Section 261.13, Code 1995, is amended to
26 read as follows:
27 261.13 ANNUAL GRANT.
28 A tuition grant may be made annually for both the
29 fall, and spring, and summer semesters or the
30 trimester equivalent. Payments under the grant shall
31 be allocated equally among the semesters or trimesters
32 and shall be paid at the beginning of each semester or
33 trimester upon certification by the accredited private
34 institution that the student is admitted and in
35 attendance. If the student discontinues attendance
36 before the end of any semester or trimester after
37 receiving payment under the grant, the entire amount
38 of any refund due that student, up to the amount of
39 any payments made under the annual grant, shall be
40 paid by the accredited private institution to the
41 state."
42 2. By renumbering as necessary.
Amendment H-6077 was adopted.
Brunkhorst of Bremer asked and received unanimous consent to
withdraw amendment H-6060 filed by him from the floor.
Fallon of Polk offered the following amendment H-6075 filed by
him from the floor and moved its adoption:
H-6075
1 Amend Senate File 2470, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 24, by striking lines 19 through 28.
4 2. By renumbering as necessary.
Amendment H-6075 lost.
Warnstadt of Woodbury offered the following amendment H-6062
filed by him and Weigel from the floor and moved its adoption:
H-6062
1 Amend Senate File 2470, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 30, by inserting after line 18 the
4 following:
5 "Sec. ___. NEW SECTION. 28E.41 EMERGENCY
6 SERVICES - CONTRACTS FOR MUTUAL AID.
7 1. A city fire department, benefited fire
8 district, or township fire department may enter into
9 contracts providing for mutual aid regarding emergency
10 services provided by such department or district. The
11 contracts that are agreed upon may provide for
12 compensation from the parties and other terms that are
13 agreeable to the parties and may be for an indefinite
14 period as long as they include a sixty-day
15 cancellation notice by any party. The contracts
16 agreed upon shall not be entered into for the purpose
17 of reducing the number of employees of any party.
18 2. A city fire department, benefited fire
19 district, or township fire department may provide
20 assistance to any other such department or district in
21 the state at the time of a significant emergency such
22 as a fire, earthquake, flood, tornado, hazardous
23 material incident, or other such disaster. The chief
24 or highest ranking fire officer of an assisting
25 department or district may render aid to a requesting
26 department or district as long as the chief or officer
27 is acting in accordance with the policies and
28 procedures set forth by the governing board of the
29 assisting department or district.
30 3. The chief or highest ranking officer of the
31 city fire department, benefited fire district, or
32 township fire department of the district within which
33 the incident occurs shall maintain control of the
34 incident in accordance with the provisions of chapter
35 102. The chief or highest ranking officer of the
36 department or district giving mutual aid shall be in
37 charge of the assisting departmental or district
38 personnel."
39 2. Page 35, by inserting after line 32 the
40 following:
41 "Sec. ___. Section 613.17, Code 1995, is amended
42 to read as follows:
43 613.17 EMERGENCY ASSISTANCE IN AN ACCIDENT.
44 A person, who in good faith renders emergency care
45 or assistance without compensation, shall not be
46 liable for any civil damages for acts or omissions
47 occurring at the place of an emergency or accident or
48 while the person is in transit to or from the
49 emergency or accident or while the person is at or
50 being moved to or from an emergency shelter unless
Page 2
1 such acts or omissions constitute recklessness. For
2 purposes of this section, if a volunteer fire fighter,
3 a volunteer operator or attendant of an ambulance or
4 rescue squad service, a volunteer paramedic, a
5 volunteer emergency medical technician, or a volunteer
6 registered member of the national ski patrol system
7 receives nominal compensation not based upon the value
8 of the services performed, that person shall be
9 considered to be receiving no compensation. The
10 operation of a motor vehicle in compliance with
11 section 321.231 by a volunteer fire fighter, volunteer
12 operator, or attendant of an ambulance or rescue squad
13 service, a volunteer paramedic, or volunteer emergency
14 medical technician shall be considered rendering
15 emergency care or assistance for purposes of this
16 section. For purposes of this section, a person
17 rendering emergency care or assistance includes a
18 person involved in a workplace rescue arising out of
19 an emergency or accident."
20 3. By renumbering as necessary.
Amendment H-6062 was adopted.
Weigel of Chickasaw offered the following amendment H-6069 filed
by him from the floor and moved its adoption:
H-6069
1 Amend Senate File 2470, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 36, by inserting after line 9, the
4 following:
5 "DIVISION
6 SPECIAL REGISTRATION PLATES - SURVIVING SPOUSE
7 Sec. ___. The state department of transportation
8 shall allow the surviving spouse of a person who was
9 issued prisoner of war plates pursuant to section
10 321.34, subsection 8, to continue to use the special
11 plates, subject to registration of the special plates
12 in the surviving spouse's name and upon payment of the
13 annual registration fee. If the surviving spouse
14 remarries, the surviving spouse shall return the
15 special plates to the department and the department
16 shall issue regular registration plates to the
17 surviving spouse.
18 This division of this Act, being deemed of
19 immediate importance, takes effect upon enactment."
20 2. By renumbering as necessary.
Amendment H-6069 was adopted.
Millage of Scott offered the following amendment H-6079 filed by
him from the floor and moved its adoption:
H-6079
1 Amend Senate File 2470, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 36, by inserting after line 9 the
4 following:
5 "DIVISION 101
6 ECONOMIC DEVELOPMENT AND RELATED APPROPRIATIONS
7 AND STATUTORY CHANGES
8 Sec. 150. There is appropriated from the general
9 fund of the state and other designated funds to the
10 department of economic development for the fiscal year
11 beginning July 1, 1996, and ending June 30, 1997, the
12 following amounts, or so much thereof as is necessary,
13 to be used for the purposes designated:
14 1. ADMINISTRATIVE SERVICES DIVISION
15 a. General administration
16 For salaries, support, maintenance, miscellaneous
17 purposes, and for providing that a business receiving
18 moneys from the department for the purpose of job
19 creation shall make available ten percent of the new
20 jobs created for promise jobs program participants who
21 are qualified for the jobs created and for not more
22 than the following full-time equivalent positions:
23 $ 1,405,687
24 FTEs 23.75
25 The director shall coordinate efforts with the
26 workforce coordinator and the department of workforce
27 development if enacted by Senate File 2409, to
28 implement the intent of the general assembly regarding
29 businesses receiving job creation moneys and shall
30 report to the joint appropriations subcommittee on
31 economic development regarding the number of jobs to
32 be created by each business, the number of qualified
33 promise jobs participants applying with the business,
34 and the number of promise jobs participants hired.
35 b. Film office
36 For salaries, support, maintenance, miscellaneous
37 purposes, and for not more than the following full-
38 time equivalent positions:
39 $ 199,341
40 FTEs 2.00
41 2. BUSINESS DEVELOPMENT DIVISION
42 a. Business development operations
43 For salaries, support, maintenance, miscellaneous
44 purposes, for not more than the following full-time
45 equivalent positions, for allocating $495,000 to the
46 heartland technology network, $150,000 to the graphic
47 arts center, and $100,000 to the university of
48 northern Iowa for operation of industrial technology
49 programs at the Iowa plastics technology center
50 located in Waverly, Iowa, for allocating $75,000 for
Page 2
1 the purposes of the regulatory assistance program, and
2 for allocating $60,000, and up to a 0.50 full-time
3 equivalent position to administer the heartland
4 technology network, the graphic arts technology
5 center, and the plastics technology center:
6 $ 3,890,775
7 FTEs 17.75
8 b. Small business programs
9 For salaries, support, maintenance, miscellaneous
10 purposes, and for not more than the following full-
11 time equivalent positions for the small business
12 program, the small business advisory council, and
13 targeted small business program:
14 $ 498,756
15 FTEs 6.00
16 c. Federal procurement office
17 For salaries, support, maintenance, miscellaneous
18 purposes, and for not more than the following full-
19 time equivalent positions:
20 $ 96,492
21 FTEs 3.00
22 Notwithstanding section 8.33, moneys remaining
23 unencumbered or unobligated on June 30, 1997, shall
24 not revert and shall be available for expenditure
25 during the fiscal year beginning July 1, 1997, for the
26 same purposes.
27 d. Strategic investment fund
28 For deposit in the strategic investment fund for
29 salaries, support, for not more than the following
30 full-time equivalent positions, and for allocating
31 from the funds remaining unobligated in the Wallace
32 technology transfer foundation fund on June 30, 1996,
33 notwithstanding section 8.33, $200,000 for a study
34 regarding the feasibility of establishing an Iowa-
35 based airline:
36 $ 6,707,638
37 FTEs 10.50
38 As a condition of any portion of the appropriation
39 made under this lettered paragraph being used for
40 awards from the community economic betterment account,
41 the department shall provide that awards under the
42 program of $500,000 or more must be to businesses able
43 to pay at least 130 percent of the average county
44 wage, shall review the wage cap in high wage counties
45 and provide that it is tied to an appropriate inflator
46 for determining eligibility for awards, and shall
47 provide, in addition to all other existing
48 requirements for awards from the community economic
49 betterment account, that the remaining 10 percent of
50 the funds shall be transferred by the department to
Page 3
1 other programs within the strategic investment fund
2 and used for purposes other than the community
3 economic betterment program if, after 90 percent of
4 funds in the account have been obligated for the
5 fiscal year, either of the following conditions have
6 not been met:
7 (1) All projects approved have starting wages not
8 less than 90 percent of the lesser of either the
9 average county wage or the average regional wage, as
10 compiled annually by the department for the community
11 economic betterment program. For the purposes of this
12 lettered paragraph, the average regional wage shall be
13 compiled based upon the service delivery areas in
14 section 84B.2, if enacted by 1996 Iowa Acts, Senate
15 File 2409.
16 (2) The average starting wage for the businesses
17 for which the awards were made under the program shall
18 exceed 100 percent of the statewide average wage.
19 Additionally, the department shall provide an
20 annual report on the progress made by the department
21 in making the community economic betterment program a
22 self-sustaining, revolving loan program.
23 e. Targeted small business incubator
24 Moneys appropriated for fiscal year 1995-1996 and
25 not expended by June 30, 1996, shall not revert but
26 shall be held by the department for funding, with
27 local matching funds, the targeted small business
28 incubator in Des Moines for the fiscal year beginning
29 July 1, 1996, and ending June 30, 1997.
30 f. Insurance economic development
31 There is appropriated from moneys collected by the
32 division of insurance in excess of the anticipated
33 gross revenues under section 505.7, subsection 3, to
34 the department for the fiscal year beginning July 1,
35 1996, and ending June 30, 1997, the following amount,
36 or so much thereof as is necessary, for insurance
37 economic development and international insurance
38 economic development:
39 $ 200,000
40 g. Value-added agriculture
41 There is appropriated from the moneys available to
42 support value-added agricultural products and
43 processes, four percent, or so much thereof as is
44 necessary, of the total moneys available to support
45 value-added agricultural products and processes
46 pursuant to section 423.24 each quarter for
47 administration of the value-added agricultural
48 products and processes financial assistance program as
49 provided in section 15E.111, including salaries,
50 support, maintenance, miscellaneous purposes, and for
Page 4
1 not more than 2.00 FTEs.
2 3. COMMUNITY DEVELOPMENT DIVISION
3 a. Community assistance
4 For salaries, support, maintenance, miscellaneous
5 purposes, and for not more than the following full-
6 time equivalent positions for administration of the
7 community economic preparedness program, the Iowa
8 community betterment program, and the city development
9 boards:
10 $ 578,943
11 FTEs 8.50
12 There is also appropriated from the rural community
13 2000 program revolving fund established in section
14 15.287 to the community assistance program for the
15 purposes of the community economic preparedness
16 program:
17 $ 50,000
18 b. Main street/rural main street program
19 For salaries and support for not more than the
20 following full-time equivalent positions:
21 $ 413,530
22 FTEs 3.00
23 Notwithstanding section 8.33, moneys committed to
24 grantees under contract from the general fund of the
25 state that remain unexpended on June 30 of the fiscal
26 year shall not revert to any fund but shall be
27 available for expenditure for purposes of the contract
28 during the succeeding fiscal year.
29 c. Rural development program
30 For salaries, support, maintenance, miscellaneous
31 purposes, for not more than the following full-time
32 equivalent positions, for rural resource coordination,
33 rural community leadership, rural innovations grant
34 program, and the rural enterprise fund and for
35 allocating $100,000 for the purposes of the
36 microbusiness rural enterprise assistance program
37 under section 15.114:
38 $ 711,181
39 FTEs 4.50
40 There is also appropriated from the rural community
41 2000 program revolving fund established in section
42 15.287 to the rural development program for the
43 purposes of the program including the rural enterprise
44 fund and collaborative skills development training:
45 $ 351,000
46 Notwithstanding section 8.33, moneys committed to
47 grantees under contract from the general fund of the
48 state or through transfers from the Iowa community
49 development loan fund or from the rural community 2000
50 program revolving fund that remain unexpended at the
Page 5
1 end of the fiscal year shall not revert but shall be
2 available for expenditure for purposes of the contract
3 during the succeeding fiscal year.
4 d. Community development block grant and HOME
5 For administration and related federal housing and
6 urban development grant administration for salaries,
7 support, maintenance, miscellaneous purposes, and for
8 not more than the following full-time equivalent
9 positions:
10 $ 403,974
11 FTEs 18.75
12 e. Councils of governments
13 There is appropriated from the rural community 2000
14 program revolving fund established in section 15.287
15 to provide to Iowa's councils of governments funds for
16 planning and technical assistance funds to assist
17 local governments to develop community development
18 strategies for addressing long-term and short-term
19 community needs:
20 $ 178,000
21 f. Councils of governments
22 For distributing on a per capita basis to each
23 council of governments:
24 $ 50,000
25 g. Housing development fund
26 For providing technical assistance to communities
27 of all sizes and local financial institutions to help
28 meet local housing needs and to provide and transfer
29 matching funds for the HOME program:
30 $ 1,300,000
31 Notwithstanding section 8.33, moneys committed to
32 grantees under contract from the housing development
33 fund and moneys transferred for matching funds for the
34 HOME program that remain unexpended or unobligated on
35 June 30 of the fiscal year shall not revert to any
36 fund but shall be available for obligation and
37 expenditure for purposes of those programs during the
38 succeeding fiscal year.
39 4. INTERNATIONAL DIVISION
40 a. International trade operations
41 For salaries, support, maintenance, miscellaneous
42 purposes, for not more than the following full-time
43 equivalent positions, and for allocating $100,000 to
44 promote trade opportunities in Korea and the Pacific
45 rim:
46 $ 1,027,950
47 FTEs 10.00
48 From among the full-time equivalent positions
49 authorized by this paragraph, one position shall
50 concentrate on the export sale of grain, one on the
Page 6
1 export sale of livestock, and one on the export sale
2 of value-added agricultural products.
3 b. Foreign trade offices
4 For salaries, support, maintenance, and
5 miscellaneous purposes:
6 $ 595,250
7 c. Export trade assistance program
8 For export trade activities, including a program to
9 encourage and increase participation in trade shows
10 and trade missions by providing financial assistance
11 to businesses for a percentage of their costs of
12 participating in trade shows and trade missions, by
13 providing for the lease/sublease of showcase space in
14 existing world trade centers, by providing temporary
15 office space for foreign buyers, international
16 prospects, and potential reverse investors, and by
17 providing other promotional and assistance activities,
18 including salaries and support for not more than the
19 following full-time equivalent position:
20 $ 275,000
21 FTEs 0.25
22 d. Agricultural product advisory council
23 For support, maintenance, and miscellaneous
24 purposes:
25 $ 1,300
26 e. For transfer to the partner state program which
27 the department may use to contract with private groups
28 or organizations which are the most appropriate to
29 administer this program and the groups and
30 organizations participating in the program shall, to
31 the fullest extent possible, provide the funds to
32 match the appropriation made in this subsection of the
33 funds transferred:
34 $ 100,000
35 5. TOURISM DIVISION
36 a. Tourism operations
37 For salaries, support, maintenance, miscellaneous
38 purposes, for not more than the following full-time
39 equivalent positions, and for allocating $100,000 for
40 a grant program for annual community celebrations of
41 Iowa's agricultural heritage, provided that the
42 appropriation shall not be used for advertising
43 placements for in-state and out-of-state tourism
44 marketing:
45 $ 825,212
46 FTEs 18.52
47 b. Tourism advertising
48 For contracting exclusively for tourism advertising
49 for in-state and out-of-state tourism marketing
50 services, tourism promotion programs, electronic
Page 7
1 media, print media, and printed materials:
2 $ 2,737,000
3 The department shall not use the moneys
4 appropriated in this lettered paragraph, unless the
5 department develops public-private partnerships with
6 Iowa businesses in the tourism industry, Iowa tour
7 groups, Iowa tourism organizations, and political
8 subdivisions in this state to assist in the
9 development of advertising efforts. The department
10 shall, to the fullest extent possible, develop
11 cooperative efforts for advertising with contributions
12 from other sources.
13 c. Welcome center program
14 To provide tourism materials for welcome centers:
15 $ 100,000
16 Sec. ___. Notwithstanding section 15E.120,
17 subsections 5, 6, and 7, and section 15.287, there is
18 appropriated from the Iowa community development loan
19 fund all the moneys available during the fiscal year
20 beginning July 1, 1996, and ending June 30, 1997, to
21 the department of economic development for the rural
22 development program to be used by the department for
23 the purposes of the program.
24 Sec. ___. Notwithstanding section 15.251,
25 subsection 2, there is appropriated from the job
26 training fund to the department of economic
27 development for the fiscal year beginning July 1,
28 1996, and ending June 30, 1997, the following amounts,
29 or so much thereof as is necessary, to be used for the
30 purposes designated:
31 For administration of chapter 260E, including
32 salaries, support, maintenance, miscellaneous
33 purposes, and for not more than the following full-
34 time equivalent positions:
35 $ 160,000
36 FTEs 2.40
37 Appropriations to the department of economic
38 development for administration of chapter 260E and the
39 department of employment services for the target
40 alliance program shall be funded on a proportional
41 basis if receipts to the job training fund are
42 insufficient to fund both appropriations in their
43 entirety.
44 Sec. ___. Of all funds appropriated to or receipts
45 credited to the job training fund created in section
46 260F.6, subsection 1, up to $125,000 for the fiscal
47 year beginning July 1, 1996, and ending June 30, 1997,
48 and not more than 1.30 of the full-time equivalent
49 positions may be used for the administration of the
50 Iowa small business new job training Act.
Page 8
1 Sec. ___. Notwithstanding section 423.24,
2 subsection 1, paragraph "b", subparagraph (1), there
3 is appropriated for the fiscal year beginning July 1,
4 1996, and ending June 30, 1997, $100,000 of the total
5 revenues collected pursuant to section 423.7 and
6 deposited in the value-added agricultural products and
7 processes financial assistance fund, pursuant to
8 section 423.24, subsection 1, paragraph "b",
9 subparagraph (1), to the Iowa cooperative extension
10 service in agriculture and home economics at Iowa
11 state university of science and technology for
12 administration of the Iowa grain quality initiative.
13 Sec. ___. The Iowa seed capital corporation is
14 authorized up to 5.00 FTEs. The seed capital
15 corporation shall not make any new investments after
16 June 30, 1997. The portfolio of investments held by
17 the seed capital corporation on June 30, 1997, shall
18 be transferred to a private entity for management of
19 the investments.
20 Sec. ___. There is appropriated from the general
21 fund of the state to the Iowa state university of
22 science and technology for the fiscal year beginning
23 July 1, 1996, and ending June 30, 1997, the following
24 amounts, or so much thereof as is necessary, to be
25 used for the purposes designated:
26 1. For funding and maintaining in their current
27 locations the existing small business development
28 centers, and for not more than the following full-time
29 equivalent positions:
30 $ 1,216,245
31 FTEs 5.80
32 2. For funding the institute for physical research
33 and technology, provided that $318,358 shall be
34 allocated to the industrial incentive program in
35 accordance with the intent of the general assembly,
36 and for not more than the following full-time
37 equivalent positions:
38 $ 4,124,607
39 FTEs 46.42
40 It is the intent of the general assembly that the
41 incentive program focus on Iowa industrial sectors and
42 seek contributions and in-kind donations from
43 businesses, industrial foundations, and trade
44 associations and that moneys for the institute for
45 physical research and technology industrial incentive
46 program shall only be allocated for projects which are
47 matched by private sector moneys for directed contract
48 research or for nondirected research. The match
49 required of small businesses as defined in section
50 15.102, subsection 4, for directed contract research
Page 9
1 or for nondirected research shall be $1 for each $3 of
2 state funds. The match required for other businesses
3 for directed contract research or for nondirected
4 research shall be $1 for each $1 of state funds. The
5 match required of industrial foundations or trade
6 associations shall be $1 for each $1 of state funds.
7 Iowa state university shall report annually to the
8 joint appropriations subcommittee on economic
9 development of the senate and house appropriations
10 committees the total amounts of private contributions,
11 the proportion of contributions from small businesses
12 and other businesses, and the proportion for directed
13 contract research and nondirected research of benefit
14 to Iowa businesses and industrial sectors.
15 Notwithstanding section 8.33, moneys appropriated
16 for any fiscal year which remain unobligated and
17 unexpended at the end of the fiscal year shall not
18 revert but shall be available for expenditure the
19 following fiscal year.
20 Sec. ___. There is appropriated from the general
21 fund of the state to the state university of Iowa for
22 the fiscal year beginning July 1, 1996, and ending
23 June 30, 1997, the following amount, or so much
24 thereof as is necessary, to be used for the purpose
25 designated:
26 For funding the advanced drug development program
27 at the Oakdale research park and for not more than the
28 following full-time equivalent positions:
29 $ 319,169
30 FTEs 2.85
31 The board of regents shall submit a report on the
32 progress of regents institutions in meeting the
33 strategic plan for technology transfer and economic
34 development to the chairpersons of the joint
35 appropriations subcommittee on economic development,
36 the joint appropriations subcommittee on education,
37 the majority leader and minority leader of the senate,
38 the majority and minority leaders of the house of
39 representatives, the secretary of the senate, the
40 chief clerk of the house of representatives, and the
41 legislative fiscal bureau by December 1, 1996.
42 Sec. ___. DEPARTMENT OF EMPLOYMENT SERVICES OR
43 DEPARTMENT OF WORKFORCE DEVELOPMENT. As used in this
44 section, references to the department of employment
45 services shall include the department of workforce
46 development if enacted by Senate File 2409. There is
47 appropriated from the general fund of the state, to
48 the department of employment services for the fiscal
49 year beginning July 1, 1996, and ending June 30, 1997,
50 the following amounts, or so much thereof as is
Page 10
1 necessary, for the purposes designated, including that
2 the department of employment services, the department
3 of personnel, and the department of management shall
4 ensure that all nonsupervisory full-time equivalent
5 positions authorized and funded for the department of
6 employment services in this section will be utilized
7 during the fiscal year beginning July 1, 1996, and
8 ending June 30, 1997, and during future fiscal years,
9 and will not be held vacant, to ensure that the
10 backlog of cases in that department will be reduced as
11 rapidly as possible:
12 1. DIVISION OF LABOR SERVICES
13 For salaries, support, maintenance, miscellaneous
14 purposes, and for not more than the following full-
15 time equivalent positions contingent upon the
16 enactment of section 12 of this Act and the provision
17 which requires moneys appropriated from the special
18 employment security contingency fund to first be used
19 to fully fund the appropriation of $296,000 to the
20 division of labor services in subsection 1 of section
21 13 of this Act prior to funding the appropriation in
22 section 13 of this Act to the division of industrial
23 services:
24 $ 2,729,542
25 FTEs 89.50
26 From the contractor registration fees, the division
27 of labor services shall reimburse the department of
28 inspections and appeals for all costs associated with
29 hearings under chapter 91C, relating to contractor
30 registration.
31 2. DIVISION OF INDUSTRIAL SERVICES
32 For salaries, support, maintenance, miscellaneous
33 purposes, and for not more than the following full-
34 time equivalent positions:
35 $ 2,131,389
36 FTEs 33.00
37 3. For salaries, support, maintenance,
38 miscellaneous purposes, and for not more than the
39 following full-time equivalent position for a
40 workforce development coordinator and council:
41 $ 141,606
42 FTEs 1.00
43 4. For the workforce development initiative to be
44 used to create model workforce development centers and
45 provide an integrated management information system:
46 $ 275,000
47 5. For salaries, support, maintenance,
48 miscellaneous purposes for collection of labor market
49 information, and for not more than the following full-
50 time equivalent positions:
Page 11
1 $ 173,250
2 FTEs 3.20
3 6. For salaries, support, maintenance, and
4 miscellaneous purposes for the mentoring project for
5 family investment program participants, and for not
6 more than the following full-time equivalent
7 positions:
8 $ 72,000
9 FTEs 1.50
10 7. a. Youth workforce programs
11 For purposes of the conservation corps, including
12 allocating $800,000 for a summer youth program for
13 cities of over 150,000 in population, salary, support,
14 maintenance, miscellaneous purposes, and for not more
15 than the following full-time equivalent positions:
16 $ 1,718,661
17 FTEs 2.40
18 Notwithstanding section 8.33, moneys committed to
19 grantees under contract that remain unexpended on June
20 30 of the fiscal year shall not revert to any fund but
21 shall be available for expenditure for purposes of the
22 contract during the succeeding fiscal year.
23 b. Workforce investment program
24 For allocating $425,000 to the workforce
25 development fund under section 15.343 for funding, to
26 the extent possible, the currently existing high
27 technology apprenticeship programs, under section
28 260C.44 at the community colleges, for the purposes of
29 the workforce investment program, and for a
30 competitive grant program by the department for
31 projects that increase Iowa's pool of available labor
32 via training and support services with priority given
33 to projects which serve displaced homemakers or
34 welfare recipients, including salaries and support,
35 and not more than the following full-time equivalent
36 position:
37 $ 903,000
38 FTEs 0.90
39 The department shall ensure that the workforce
40 investment program is coordinated with services
41 provided under the federal Job Training Partnership
42 Act and that welfare recipients receive priority for
43 services under both programs.
44 Notwithstanding section 8.33, moneys committed to
45 grantees under contract that remain unexpended at the
46 end of the fiscal year, shall not revert to any fund
47 but shall be available for expenditure for purposes of
48 the contract during the succeeding fiscal year.
49 c. Labor management councils
50 For salaries, support, maintenance, miscellaneous
Page 12
1 purposes, and for not more than the following full-
2 time equivalent position:
3 $ 100,338
4 FTEs 0.50
5 Notwithstanding section 8.33, moneys committed to
6 grantees under contract that remain unexpended on June
7 30 of the fiscal year shall not revert to any fund but
8 shall be available for expenditure for purposes of the
9 contract during the succeeding fiscal year. The
10 department shall not use moneys appropriated in this
11 lettered paragraph for grants to grantees who do not
12 facilitate the active participation of labor as
13 members of labor management councils or who fail to
14 make a good faith effort to either schedule meetings
15 during nonworking hours or obtain voluntary agreements
16 with employers to allow employees time off to attend
17 labor management council meetings with no loss of pay
18 or other benefits.
19 Sec. ___. Notwithstanding section 15.251,
20 subsection 2, there is appropriated from the job
21 training fund to the department of employment services
22 for the fiscal year beginning July 1, 1996, and ending
23 June 30, 1997, the following amount, or so much
24 thereof as is necessary, to be used for the purpose
25 designated:
26 For the target alliance program:
27 $ 30,000
28 Sec. ___. ADMINISTRATIVE CONTRIBUTION SURCHARGE
29 FUND. There is appropriated from the administrative
30 contribution surcharge fund of the state to the
31 department of employment services for the fiscal year
32 beginning July 1, 1996, and ending June 30, 1997, the
33 following amount, or so much thereof as is necessary,
34 for the purposes designated:
35 DIVISION OF JOB SERVICE
36 Notwithstanding section 96.7, subsection 12,
37 paragraph "c", for salaries, support, maintenance,
38 conducting labor availability surveys, miscellaneous
39 purposes, and for not more than the following full-
40 time equivalent positions:
41 $ 6,310,000
42 FTEs 141.54
43 1. The department of employment services shall
44 provide services throughout the fiscal year beginning
45 July 1, 1996, and ending June 30, 1997, in all
46 communities in which workforce centers were operating
47 on July 1, 1993. However, this provision shall not
48 prevent the consolidation of multiple offices within
49 the same city or the colocation of workforce centers
50 with another public agency.
Page 13
1 2. The division of industrial services shall not
2 reduce the number of scheduled hearings of contested
3 cases or eliminate the venue of such hearings, as
4 established by the division for the period beginning
5 January 1, 1996, and ending January 20, 1997. The
6 division shall also establish a substantially similar
7 schedule for such hearings for the period beginning
8 January 20, 1997, and ending June 30, 1997. The
9 division shall report to the legislative fiscal bureau
10 concerning any modification of the established
11 schedule, or any changes which the division determines
12 are necessary in establishing the schedule for the
13 period beginning January 20, 1997, and ending June 30,
14 1997.
15 3. The division shall continue charging a $65
16 filing fee for workers' compensation cases. The
17 filing fee shall be paid by the petitioner of a claim.
18 However, the fee can be taxed as a cost and paid by
19 the losing party, except in cases where it would
20 impose an undue hardship or be unjust under the
21 circumstances.
22 Sec. ___. EMPLOYMENT SECURITY CONTINGENCY FUND.
23 There is appropriated from the special employment
24 security contingency fund to the department of
25 employment services for the fiscal year beginning July
26 1, 1996, and ending June 30, 1997, the following
27 amounts, or so much thereof as is necessary, for the
28 purposes designated and subject to the requirement
29 that the appropriation to the division of labor
30 services under this section be fully funded from the
31 special employment security contingency fund prior to
32 any amounts being used to fund the appropriation made
33 to the division of industrial services under this
34 section:
35 1. DIVISION OF LABOR SERVICES
36 For salaries, support, maintenance, and
37 miscellaneous purposes:
38 $ 296,000
39 2. DIVISION OF INDUSTRIAL SERVICES
40 For salaries, support, maintenance, and
41 miscellaneous purposes:
42 $ 175,000
43 Any additional penalty and interest revenue may be
44 used to accomplish the mission of the department.
45 Sec. ___. PUBLIC EMPLOYMENT RELATIONS BOARD.
46 There is appropriated from the general fund of the
47 state to the public employment relations board for the
48 fiscal year beginning July 1, 1996, and ending June
49 30, 1997, the following amount, or so much thereof as
50 is necessary, for the purposes designated:
Page 14
1 For salaries, support, maintenance, miscellaneous
2 purposes, and for not more than the following full-
3 time equivalent positions:
4 $ 777,164
5 FTEs 12.80
6 Sec. ___. There is appropriated from the general
7 fund of the state to the Iowa finance authority for
8 the fiscal year beginning July 1, 1996, and ending
9 June 30, 1997, the following amount, or so much
10 thereof as is necessary, to be used for the purpose
11 designated:
12 For deposit in the housing improvement fund created
13 in section 16.100 for purposes of the fund:
14 $ 400,000
15 Sec. ___. There is allocated from the unobligated
16 funds remaining in the Wallace technology transfer
17 foundation fund, after the allocation in section 150,
18 subsection 2, paragraph "d", of this Act, on June 30,
19 1996, $100,000 for deposit in the housing improvement
20 fund created in section 16.100 for the purposes of the
21 fund. Any funds remaining shall not revert to any
22 fund, notwithstanding section 8.33. Unobligated funds
23 remaining on June 30, 1997, shall revert to the
24 general fund of the state.
25 Sec. ___. NEW SECTION. 15.113 ECONOMIC
26 DEVELOPMENT ASSISTANCE - REPORT.
27 In order for the general assembly to have accurate
28 and complete information regarding expenditures for
29 economic development and job training incentives and
30 to respond to the job training needs of Iowa workers,
31 the department shall provide to the legislative fiscal
32 bureau by January 15 of each year data on all
33 assistance or benefits provided under the community
34 economic betterment program, the new jobs and income
35 program, and the Iowa industrial new jobs training Act
36 during the previous calendar year. The department
37 shall meet with the legislative fiscal bureau prior to
38 submitting the data to assure that its form and
39 specificity are sufficient to provide accurate and
40 complete information to the general assembly. The
41 department shall also contact other state agencies
42 providing financial assistance to Iowa businesses and,
43 to the extent practical coordinate the submission of
44 the data to the legislative fiscal bureau.
45 Sec. ___. NEW SECTION. 15.114 MICROBUSINESS
46 RURAL ENTERPRISE ASSISTANCE.
47 1. As used in this section:
48 a. "Department" means the department of economic
49 development.
50 b. "Microbusiness" or "microbusiness enterprise"
Page 15
1 means a business producing services with five or fewer
2 full-time equivalent employee positions and with
3 assistance requirements of not more than twenty-five
4 thousand dollars.
5 c. "Microbusiness organization" means a nonprofit
6 corporation organized under chapter 504A which is
7 exempt from taxation pursuant to section 501(c) of the
8 Internal Revenue Code and which has a principal
9 mission of actively engaging in microbusiness
10 development, training, technical assistance, and
11 capital access for the start-up or expansion of
12 microbusinesses.
13 2. The department shall contract with a
14 microenterprise organization actively engaged in
15 microbusiness enterprise to assist in the
16 establishment of this program. In order to qualify
17 for the contract, the microenterprise organization
18 shall do all of the following:
19 a. Demonstrate a past performance of and a
20 capacity to successfully engage in microbusiness
21 development.
22 b. Have a statewide commitment to and focus on
23 microbusiness development.
24 c. Provide training and technical assistance.
25 d. Demonstrate an ability to provide access to
26 capital for start-up or expansion of a microbusiness.
27 e. Have established linkages with financial
28 institutions.
29 f. Demonstrate an ability to provide follow-up
30 technical assistance after a microbusiness start-up or
31 expansion.
32 3. Moneys allocated pursuant to this section which
33 remain unexpended or unobligated at the end of a
34 fiscal year shall remain available to the department
35 to support the assistance program or may be credited
36 to the value-added agricultural products and processes
37 financial assistance fund created in section 15E.112
38 and shall not revert notwithstanding section 8.33.
39 4. The department shall submit a report in
40 accordance with section 7A.11 not later than November
41 1 of each year detailing the activities of the
42 microenterprise organization and describing the
43 success of the project.
44 Sec. ___. Section 15.313, subsection 2, Code 1995,
45 is amended by adding the following new paragraphs:
46 NEW PARAGRAPH. g. The entrepreneurs with
47 disabilities program, which provides technical and
48 financial assistance to help persons with disabilities
49 become self-sufficient and create additional
50 employment opportunities by establishing or expanding
Page 16
1 small business ventures.
2 NEW PARAGRAPH. h. The job opportunities for
3 persons with disabilities program, which provides
4 service and technical assistance to rehabilitation
5 organizations or agencies that create, expand, or spin
6 off business ventures for persons with disabilities.
7 Sec. ___. NEW SECTION. 15A.4 COMPETITIVE
8 PROGRAMS - GOOD NEIGHBOR AGREEMENT - ADDITIONAL
9 CONSIDERATION.
10 For any program providing financial assistance for
11 economic development in which the assistance is
12 provided on a competitive basis, a business which
13 enters into a good neighbor agreement shall receive
14 extra consideration of at least ten points or the
15 equivalent. A good neighbor agreement is an
16 enforceable contract between the business and a
17 community group or coalition of community groups which
18 requires the business to adhere to negotiated
19 environmental, economic, labor, or other social and
20 community standards.
21 A business which fails to abide by the good
22 neighbor agreement shall repay all financial
23 assistance received under the program.
24 Sec. ___. Section 15E.112, subsection 1, Code
25 1995, is amended to read as follows:
26 1. A value-added agricultural products and
27 processes financial assistance fund is created within
28 the state treasury under the control of the
29 department. The fund shall consist of any money
30 appropriated by the general assembly and any other
31 moneys available to and obtained or accepted by the
32 department from the federal government or private
33 sources for placement in the fund. Until July 1,
34 2000, moneys shall be deposited in the fund as
35 provided in section 423.24. Not more than one percent
36 of the total moneys available to support value-added
37 agricultural products and processes pursuant to
38 section 423.24 during each quarter shall be used by
39 the department for administration of the value-added
40 agricultural products and processes financial
41 assistance program, as provided in section 15E.111.
42 The assets of the fund shall be used by the department
43 only for carrying out the purposes of section 15E.111.
44 Sec. ___. For the fiscal year beginning July 1,
45 1996, and ending June 30, 1997, section 15.343,
46 subsection 2, paragraph "d", as amended in Senate File
47 2351, if enacted, shall be available for the funding
48 of innovative training and career opportunity
49 programming for minorities, provided such funding is
50 matched on a dollar-for-dollar basis by a
Page 17
1 participating community college.
2 Sec. ___. Notwithstanding sections 15.108, 15.224
3 through 15.230, 15.347, 15.348, and 239.22, the
4 department of employment services shall administer the
5 following programs: job training partnership Act,
6 Iowa conservation corps, americorps, mentoring for
7 promise jobs, food stamp employment and training, and
8 the labor/management co-op programs.
9 Sec. ___. FEDERAL GRANTS. All federal grants to
10 and the federal receipts of agencies appropriated
11 funds under this Act, not otherwise appropriated, are
12 appropriated for the purposes set forth in the federal
13 grants or receipts unless otherwise provided by the
14 general assembly."
15 2. By renumbering as necessary.
Roll call was requested by O'Brien of Boone and Murphy of
Dubuque.
On the question "Shall amendment H-6079 be adopted?" (S.F. 2470)
The ayes were, 85:
Arnold Bell Bernau Blodgett
Boddicker Boggess Bradley Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Corbett, Spkr. Cormack
Daggett Dinkla Disney
Doderer Drake Eddie Ertl Garman
Gipp Greig Greiner Gries
Grundberg Hahn Halvorson Hammitt Barry
Hanson Harrison Heaton Holveck
Houser Hurley Huseman Jacobs
Klemme Kreiman Kremer Lamberti
Larkin Larson Lord Main
Martin Mascher May McCoy
Mertz Meyer Millage Mundie
Murphy Nelson, B. Nelson, L. Nutt
O'Brien Osterhaus Rants
Schrader Siegrist Sukup Taylor
Teig Thomson Tyrrell Van Fossen
Van Maanen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Wise
Witt Renken,
Presiding
The nays were, 9:
Drees Fallon Harper Koenigs
Metcalf Moreland Ollie Schulte
Shoultz
Absent or not voting, 6:
Baker Brammer Grubbs Jochum
Myers Salton
Amendment H-6079 was adopted.
MOTION TO RECONSIDER
Millage of Scott called up for immediate consideration the
motion to reconsider the committee amendment H-6068, as amended,
to Senate File 2470, filed from the floor, and moved to
reconsider the vote by which the committee amendment H-6068, as
amended, to Senate File 2470, a bill for an act relating to
state expenditure and regulatory matters by making standing and
other appropriations, and providing technical provisions,
studies of runaway youth, physician utilization, and retirement
system issues, and providing a penalty and effective dates, was
adopted by the House on May 1, 1996.
The motion prevailed and the House reconsidered the committee
amendment H-6068, as amended, found on pages 2111-2123 of the
House Journal.
The following amendment H-6086 to the committee amendment
H-6068, filed by Millage of Scott from the floor, was adopted by
unanimous consent:
H-6086
1 Amend the amendment H-6068, to Senate File 2470 as
2 amended, passed, and reprinted by the Senate, as
3 follows;
4 1. Page 8, by striking lines 2 through 21.
On motion by Millage the committee amendment H-6068, as amended,
was adopted.
Millage of Scott moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 2470)
The ayes were, 84:
Arnold Bell Blodgett Boddicker
Boggess Bradley Brand Branstad
Brauns Brunkhorst Burnett Carroll
Cataldo Churchill Cohoon Connors
Coon Corbett, Spkr. Daggett Dinkla
Disney Doderer Drake Eddie
Ertl Garman Gipp Greig
Greiner Gries Grundberg Hahn
Halvorson Hammitt Barry Hanson Harper
Harrison Heaton Holveck Houser
Hurley Huseman Jacobs Jochum
Klemme Kremer Lamberti Larkin
Larson Lord Main Martin
Mascher May McCoy Mertz
Meyer Millage Mundie Murphy
Nelson, B. Nelson, L. Nutt
Osterhaus Rants Schrader Shoultz
Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen Van
Maanen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Wise
Witt Renken, Presiding
The nays were, 12:
Bernau Cormack Drees Fallon
Grubbs Koenigs Kreiman Metcalf
Moreland O'Brien Ollie Schulte
Absent or not voting, 4:
Baker Brammer Myers Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
SENATE AMENDMENT CONSIDERED
Halvorson of Clayton called up for consideration House File 560,
a bill for an act relating to the definition of "designated
person" for purposes of the family farm tax credit and providing
effective and applicability dates, amended by the Senate
amendment H-6054 as follows:
H-6054
1 Amend House File 560, as passed by the House, as
2 follows:
3 1. Page 1, by striking lines 4 through 7 and
4 inserting the following:
5 "a. If the owner is an individual, the designated
6 person includes the owner of the tract or a person
7 related to the owner as, the owner's spouse,
parent,
8 grandparent, the owner's child, grandchild,
or
9 stepchild, and their spouses, or the owner's relative
10 within the third degree of consanguinity, and the
11 relative's spouse."
12 2. Page 1, by striking lines 19 through 21 and
13 inserting the following: "the combined stock of the
14 family farm corporation owned by a designated person
15 as defined in paragraph "a" is equal to at least
16 fifty-one".
17 3. Page 1, by striking lines 25 and 26 and
18 inserting the following: "owned by a designated
19 person as defined in paragraph "a" is equal to at
20 least".
21 4. By renumbering, relettering, or redesignating
22 and correcting internal references as necessary.
Speaker Corbett in the chair at 8:50 p.m.
Vande Hoef of Osceola offered the following amendment H-6058, to
the Senate amendment H-6054, filed by him and moved its adoption:
H-6058
1 Amend the Senate amendment, H-6054, to House File
2 560, as passed by the House, as follows:
3 1. Page 1, by striking lines 12 through 16.
4 2. By renumbering as necessary.
Amendment H-6058 was adopted.
On motion by Halvorson of Clayton, the House concurred in the
Senate amendment H-6054, as amended.
Halvorson of Clayton 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. 560)
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 Grundberg Hahn Halvorson
Hammitt Barry Hanson Harper Harrison
Heaton Holveck Houser Hurley
Huseman Jacobs Jochum Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Main
Martin Mascher May McCoy
Mertz Metcalf Meyer Millage
Moreland Mundie Murphy 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 Grubbs Myers
Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
CONSIDERATION OF HOUSE RESOLUTION 113
Harrison of Scott asked and received unanimous consent for the
immediate consideration of House Resolution 113, a resolution
designating motorcycle awareness month in Iowa, and moved its
adoption.
The motion prevailed and the resolution was adopted.
CONSIDERATION OF HOUSE CONCURRENT
RESOLUTION 132
Vande Hoef of Osceola asked and received unanimous consent for
the immediate consideration of House Concurrent Resolution 132,
a concurrent resolution recognizing the importance of the fossil
crinoid, 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 132 be immediately messaged to
the Senate.
MOTION TO RECONSIDER WITHDRAWN
Millage of Scott asked and received unanimous consent to
withdraw the motion to reconsider, filed from the floor, on
Senate File 2470, a bill for an act relating to state
expenditure and regulatory matters by making standing and other
appropriations, and providing technical provisions, studies of
runaway youth, physician utilization, and retirement system
issues, and providing a penalty and effective dates, which
passed the House and was placed on its last reading.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2470 be immediately messaged to the Senate.
SENATE AMENDMENT CONSIDERED
Metcalf of Polk called up for consideration House File 2369, a
bill for an act relating to the postdelivery care requirements
for mothers and newborns and providing for an exception of
follow-up care outside of the hospital setting, amended by the
Senate amendment H-5821 as follows:
H-5821
1 Amend House File 2369, as amended, passed, and
2 reprinted by the House, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. NEW SECTION. 514C.11 POSTDELIVERY
6 BENEFITS AND CARE.
7 1. Notwithstanding section 514C.6, a person who
8 provides an individual or group policy of accident or
9 health insurance or individual or group hospital or
10 health care service contract issued pursuant to
11 chapter 509, 514, or 514A or an individual or group
12 health maintenance organization contract issued and
13 regulated under chapter 514B, which is delivered,
14 amended, or renewed on or after July 1, 1996, and
15 which provides maternity benefits, which are not
16 limited to complications of pregnancy, or newborn care
17 benefits, shall not terminate inpatient benefits or
18 require discharge of a mother or the newborn from a
19 hospital following delivery earlier than determined to
20 be medically appropriate by the attending physician
21 after consultation with the mother and in accordance
22 with guidelines adopted by rule by the commissioner.
23 The guidelines adopted by rule shall be consistent
24 with or may adopt by reference the guidelines for
25 perinatal care established by the American academy of
26 pediatrics and the American college of obstetricians
27 and gynecologists.
28 2. When performing utilization review of inpatient
29 hospital services related to maternity and newborn
30 care, including but not limited to length of
31 postdelivery stay, any person who provides an
32 individual or group policy of accident or health
33 insurance or individual or group hospital or health
34 care service contract issued pursuant to chapter 509,
35 514, or 514A, or an individual or group health
36 maintenance organization contract issued and regulated
37 under chapter 514B, shall use the most recent
38 guidelines for perinatal care established by the
39 American academy of pediatrics and the American
40 college of obstetricians and gynecologists."
41 2. Title page, by striking lines 2 and 3 and
42 inserting the following: "and newborns."
Metcalf of Polk offered the following amendment H-6087, to the
Senate amendment H-5821 filed by Metcalf, Martin and Doderer
from the floor and moved its adoption:
H-6087
1 Amend the Senate amendment, H-5821, to House File
2 2369, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, line 11, by inserting after the figure
5 "509," the following: "509A,".
6 2. Page 1, line 27, by striking the word
7 "gynecologists." and inserting the following:
8 "gynecologists which provide that when complications
9 are not present, the postpartum hospital stay ranges
10 from a minimum of forty-eight hours for a vaginal
11 delivery to a minimum of ninety-six hours for a
12 cesarean birth, excluding the day of delivery. The
13 guidelines adopted by rule by the commissioner shall
14 also provide that in the event of a discharge from the
15 hospital prior to the minimum stay established in the
16 guidelines, a postdischarge follow-up visit shall be
17 provided to the mother and newborn by providers
18 competent in postpartum care and newborn assessment if
19 determined medically appropriate as directed by the
20 attending physician, in accordance with the
21 guidelines."
22 3. Page 1, line 31, by inserting after the word
23 "stay" the following: "and postdischarge follow-up
24 care".
25 4. Page 1, line 34, by inserting after the figure
26 "509," the following: "509A,".
27 5. Page 1, by striking lines 37 through 40 and
28 inserting the following: "under chapter 514B, shall
29 use the guidelines adopted by rule by the
30 commissioner, and shall not deselect, require
31 additional documentation, require additional
32 utilization review, terminate services to, reduce
33 payment to, or in any manner provide a disincentive to
34 an attending physician solely on the basis that the
35 attending physician provided or directed the provision
36 of services in compliance with the guidelines adopted
37 by rule."
38 6. Page 1, by inserting before line 41 the
39 following:
40 "3. Preauthorization or precertification for a
41 hospital stay or for a postdischarge follow-up visit
42 in accordance with the guidelines adopted by rule by
43 the commissioner shall not be required.""
Amendment H-6087 was adopted.
Martin of Scott asked and received unanimous consent to withdraw
amendment H-5867, to the Senate amendment H-5821, filed by
Martin, et. al., on April 8, 1996.
On motion by Metcalf of Polk, the House concurred in the Senate
amendment H-5821, as amended.
Metcalf of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 2369)
The ayes were, 96:
Arnold Baker 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
Larson Lord Main Martin
Mascher May McCoy Mertz
Metcalf Meyer Millage Moreland
Mundie Murphy 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 Warnstadt Weidman
Weigel Welter Wise Witt
Mr. Speaker Corbett
The nays were, none.
Absent or not voting, 4:
Brammer Myers Salton Veenstra
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
Rule 76 invoked: Veenstra of Sioux invoked House Rule 76,
conflict of interest, and refrained from voting.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 2369 be immediately messaged to the Senate.
MOTIONS TO RECONSIDER WITHDRAWN
Schrader of Marion and Vande Hoef of Osceola, asked and
received unanimous consent to withdraw their motions to
reconsider, filed from the floor, to House File 560, a bill for
an act relating to the definition of "designated person" for
purposes of the family farm tax credit and providing effective
and applicability dates, which passed the House and was placed
on its last reading.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 560 be immediately messaged to the Senate.
The House stood at ease at 9:40 p.m., until the fall of the
gavel.
The House resumed session at 10:21 p.m., Speaker Corbett in the
chair.
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 May 1, 1996, passed the following bill in
which the concurrence of the Senate was asked:
House File 400, a bill for an act relating to the joint
purchasing of equipment by political subdivisions of the state.
Also: That the Senate has on May 1, 1996, amended and passed the
following bill in which the concurrence of the House is asked:
House File 2481, a bill for an act relating to eligibility
criteria and benefits, including tax benefits to businesses
under the new jobs and income program and establishing a penalty.
Also: That the Senate has on May 1, 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 2256, a bill for an act relating to possession or
control of alcohol by persons aged eighteen, nineteen, and
twenty, and providing a penalty.
Also: That the Senate has on May 1, 1996, concurred in the House
amendment and passed the following bill in which the concurrence
of the Senate was asked:
Senate File 2265, a bill for an act relating to the required
participation of parents in a mandatory course prior to the
granting of a dissolution of marriage decree and certain other
orders, and providing an effective date.
SENATE AMENDMENT CONSIDERED
Drake of Pottawattamie called up for consideration House File
2481, a bill for an act relating to eligibility criteria and
benefits, including tax benefits to businesses under the new
jobs and income program and establishing a penalty, amended by
the Senate, and moved that the House concur in the following
Senate amendment H-6089:
H-6089
1 Amend House File 2481, as passed by the House, as
2 follows:
3 1. Page 3, line 28, by inserting after the figure
4 "15.329." the following: "However, in no event shall
5 the minimum number of jobs created be less than
6 fifteen or the minimum capital investment be less than
7 three million dollars per application under the
8 program. The department shall develop an appropriate
9 formula of minimum jobs created and capital investment
10 required per program application which can be
11 authorized under the waiver."
12 2. Page 4, by striking lines 4 through 35 and
13 inserting the following:
14 "The department shall not grant a waiver under this
15 section after June 30, 1998."
The motion prevailed and the House concurred in the Senate
amendment H-6089.
Drake of Pottawattamie 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. 2481)
The ayes were, 95:
Arnold Baker 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
Gries Grubbs Grundberg Hahn
Halvorson Hammitt Barry Hanson Harper
Harrison Heaton Holveck Houser
Hurley Huseman Jacobs Jochum
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Main Martin Mascher May
McCoy Mertz Metcalf Meyer
Millage Moreland Mundie Murphy
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 Witt Mr. Speaker
Corbett
The nays were, none.
Absent or not voting, 5:
Brammer Greiner Myers Salton
Wise
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2481 be immediately messaged to the Senate.
The House stood at ease at 11:06 p.m., until the fall of the
gavel.
The House resumed session at 11:31 p.m., Speaker Corbett in the
chair.
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 May 1, 1996, concurred in the House amendment
to the Senate amendment, and passed the following bill in which
the concurrence of the Senate was asked:
House File 560, a bill for an act relating to the definition of
"designated person" for purposes of the family farm tax credit
and providing effective and applicability dates.
Also: That the Senate has on May 1, 1996, concurred in the House
amendment to the Senate amendment, and passed the following bill
in which the concurrence of the Senate was asked:
House File 2369, a bill for an act relating to the postdelivery
care requirements for mothers and newborns and providing for an
exception of follow-up care outside of the hospital setting.
Also: That the Senate has on May 1, 1996, adopted the conference
committee report and passed Senate File 2449, a bill for an act
changing the computation of the inflation factors for the tax
brackets and standard deduction under the individual income tax;
changing the computation of taxable income of certain subchapter
S corporations and their shareholders; increasing inheritance
tax exemptions for certain relatives; increasing the amount of
the appropriations for homestead credit, military service
credit, and low-income credit and reimbursement claims;
providing income tax credits for investing in a qualified
venture capital company; establishing incentives for family farm
animal feeding operations and making an appropriation; adjusting
the funding for the family farm and agricultural land tax
credits; establishing a study of the property tax system as the
sole or major source of local funding and of alternate sources
of funding for school, city, and county services, the repayment
of bonds or other debt obligations, and capital improvements;
and providing effective and applicability date provisions.
Also: That the Senate has on May 1, 1996, concurred in the House
amendment and passed the following bill in which the concurrence
of the Senate was asked:
Senate File 2470, a bill for an act relating to state
expenditure and regulatory matters by making standing and other
appropriations, and providing technical provisions, studies of
runaway youth, physician utilization, and retirement system
issues, and providing a penalty and effective dates.
JOHN F. DWYER, Secretary
ADOPTION OF THE REPORT OF THE
CONFERENCE COMMITTEE
(Senate File 2449)
Halvorson of Clayton called up for consideration the report of
the conference committee on Senate File 2449 and moved the
adoption of
the conference committee report and the amendments contained
therein as follows:
REPORT OF THE CONFERENCE COMMITTEE
ON SENATE FILE 2449
To the President of the Senate and the Speaker of the House of
Representatives:
We, the undersigned members of the conference committee
appointed to resolve the differences between the Senate and the
House of Representatives on Senate File 2449, a bill for An Act
changing the computation of the inflation factors for the tax
brackets and standard deduction under the individual income tax;
changing the computation of taxable income of certain subchapter
S corporations and their shareholders; increasing inheritance
tax exemptions for certain relatives; increasing the amount of
the appropriations for homestead credit, military service
credit, and low-income credit and reimbursement claims;
providing income tax credits for investing in a qualified
venture capital company; establishing incentives for family farm
animal feeding operations and making an appropriation; adjusting
the funding for the family farm and agricultural land tax
credits; establishing a study of the property tax system as the
sole or major source of local funding and of alternate sources
of funding for school, city, and county services, the repayment
of bonds or other debt obligations, and capital improvements;
and providing effective and applicability date provisions,
respectfully make the following report:
1. That the Senate recedes from its amendment, H-5736.
2. That the House recedes from its amendment, S-5574.
3. That Senate File 2449, as amended, passed, and reprinted by
the Senate, is amended as follows:
1. By striking everything after the enacting clause and
inserting the following:
"DIVISION I
INDEXATION
Section 1. Section 422.4, subsection 1, paragraph a, Code 1995,
is amended to read as follows:
a. "Annual inflation factor" means an index, expressed as a
percentage, determined by the department by October 15 of the
calendar year preceding the calendar year for which the factor
is determined, which reflects the purchasing power of the dollar
as a result of inflation during the fiscal year ending in the
calendar year preceding the calendar year for which the factor
is determined. In determining the annual inflation factor, the
department shall use the annual percent change, but not less
than zero percent, in the implicit price deflator for the
gross national product gross domestic product price
deflator computed for the second quarter of the calendar year
by the bureau of economic analysis of the United States
department of commerce and shall add one-half all of
that percent change to one hundred percent. The annual
inflation factor and the cumulative inflation factor shall each
be expressed as a percentage rounded to the nearest one-tenth of
one percent. The annual inflation factor shall not be less than
one hundred percent.
Sec. 2. Section 422.4, subsection 1, paragraph d, Code 1995, is
amended by striking the paragraph.
Sec. 3. Section 422.4, subsection 2, paragraph a, Code 1995, is
amended to read as follows:
a. "Annual standard deduction factor" means an index, expressed
as a percentage, determined by the department by October 15 of
the calendar year preceding the calendar year for which the
factor is determined, which reflects the purchasing power of the
dollar as a result of inflation during the fiscal year ending in
the calendar year preceding the calendar year for which the
factor is determined. In determining the annual standard
deduction factor, the department shall use the annual percent
change, but not less than zero percent, in the implicit price
deflator for the gross national product gross domestic
product price deflator computed for the second quarter of the
calendar year by the bureau of economic analysis of the United
States department of commerce and shall add one-half all
of that percent change to one hundred percent. The annual
standard deduction factor and the cumulative standard deduction
factor shall each be expressed as a percentage rounded to the
nearest one-tenth of one percent. The annual standard deduction
factor shall not be less than one hundred percent.
Sec. 4. This division of this Act, being deemed of immediate
importance, takes effect upon enactment and applies to the
computation of the annual inflation factor and annual standard
deduction factor for calendar years beginning on or after
January 1, 1996. The department of revenue and finance shall
adjust the annual inflation factor and annual standard deduction
factor previously computed for the 1996 calendar year to reflect
the change made in the computation of those factors in this Act.
DIVISION II
SCHOOL PROPERTY TAX
Sec. 5. Section 257.1, subsection 2, unnumbered paragraph 2,
Code Supplement 1995, is amended to read as follows:
For the budget year commencing July 1, 1991 1996, and
for each succeeding budget year the regular program foundation
base per pupil is eighty-three eighty-seven and
five-tenths percent of the regular program state cost per
pupil, except that the regular program foundation base per pupil
for the portion of weighted enrollment that is additional
enrollment because of special education is seventy-nine percent
of the regular program state cost per pupil. For the budget
year commencing July 1, 1991, and for each succeeding budget
year the special education support services foundation base is
seventy-nine percent of the special education support services
state cost per pupil. The combined foundation base is the sum
of the regular program foundation base and the special education
support services foundation base.
Sec. 6. This division of this Act, being deemed of immediate
importance, takes effect upon enactment and applies to the
computation of school foundation aid payable during school
budget years beginning on or after July 1, 1996.
DIVISION III
HOMESTEAD, MILITARY, AND ELDERLY OR DISABLED
TAX CREDIT AND REIMBURSEMENT CLAIMS
Sec. 7. Section 8.59, Code 1995, is amended to read as follows:
8.59 APPROPRIATIONS FREEZE.
Notwithstanding contrary provisions of the Code, the amounts
appropriated under the applicable sections of the Code for
fiscal years commencing on or after July 1, 1993, are limited to
those amounts expended under those sections for the fiscal year
commencing July 1, 1992. If an applicable section appropriates
moneys to be distributed to different recipients and the
operation of this section reduces the total amount to be
distributed under the applicable section, the moneys shall be
prorated among the recipients. As used in this section,
"applicable sections" means the following sections: 53.50,
229.35, 230.8, 230.11, 405A.8, 411.20, 425.1, 425.39,
426A.1, 663.44, and 822.5.
Sec. 8. Section 425.1, subsection 1, Code 1995, is amended to
read as follows:
1. A homestead credit fund is created. There is appropriated
annually from the general fund of the state to the department of
revenue and finance to be credited to the homestead credit fund,
an amount sufficient the sum of one hundred fourteen
million four hundred thousand dollars to implement this
chapter.
The director of revenue and finance shall issue warrants on the
homestead credit fund payable to the county treasurers of the
several counties of the state under this chapter.
Sec. 9. Section 425.39, Code 1995, is amended to read as
follows:
1. The extraordinary property tax credit and reimbursement fund
is created. There is appropriated annually from the general
fund of the state to the department of revenue and finance to be
credited to the extraordinary property tax credit and
reimbursement fund, from funds not otherwise appropriated, an
amount sufficient the sum of twelve million five hundred
thousand dollars to implement this division.
2. If the amount appropriated under subsection 1, as limited
by section 8.59, plus any supplemental appropriation made for
purposes of this section for a fiscal year is insufficient to
pay all claims in full, the director shall pay, in full, all
claims to be paid during the fiscal year for reimbursement of
rent constituting property taxes paid or if moneys are
insufficient to pay all such claims on a pro rata basis. If the
amount of claims for credit for property taxes due to be paid
during the fiscal year exceed the amount remaining after payment
to renters, the director of revenue and finance shall prorate
the payments to the counties for the property tax credit. In
order for the director to carry out the requirements of this
subsection, notwithstanding any provision to the contrary in
this division, claims for reimbursement for rent constituting
property taxes paid filed before May 1 of the fiscal year shall
be eligible to be paid in full during the fiscal year and those
claims filed on or after May 1 of the fiscal year shall be
eligible to be paid during the following fiscal year and the
director is not required to make payments to counties for the
property tax credit before June 15 of the fiscal year.
Sec. 10. Section 426A.1, Code 1995, is amended to read as
follows:
426A.1 APPROPRIATION.
There is appropriated from the general fund of the state the
amounts necessary sum of two million eight hundred
thousand dollars to fund the credits provided under this
chapter.
Sec. 11. It is the intent of the general assembly to provide
property tax relief to the citizens of Iowa by fully funding the
homestead credit, the elderly and disabled credit, and military
tax exemption. The general assembly directs local
officials to join the general assembly in providing property tax
relief to the fullest extent possible by reducing property tax
levies in proportion to increased reimbursement from the state.
However, the general assembly recognizes that the most efficient
method of achieving property tax relief is through a locally
determined strategy based upon the fiscal needs of the local
government. This section applies to the 1996-1997 fiscal year
only.
Sec. 12. This division of this Act takes effect July 1, 1996,
and applies to homestead, military service, and elderly or
disabled tax credit and rent reimbursement claims payable in
fiscal years beginning on or after July 1, 1996.
DIVISION IV
SUBCHAPTER S CORPORATIONS
Sec. 13. Section 422.4, Code 1995, is amended by adding the
following new subsection:
NEW SUBSECTION. 17A. The term "value-added corporation"
means a corporation that purchases, receives, or holds personal
property of any description and which adds to its value by a
process of manufacturing, construction, processing, or combining
of different materials, and shall specifically include the
economic activity identified in divisions C and D of the
standard industrial classification codes appearing in 13 C.F.R.
ch. 1(1-1-94 edition), with a view to selling the finished
product for gain or profit. A corporation engaged in more than
one business activity is a value-added corporation if more than
fifty percent of its gross receipts, figured on a three-year
annual average, or such shorter period as the corporation shall
have been in existence, are from the processes previously
identified.
Sec. 14. Section 422.5, subsection 1, paragraph j, Code 1995,
is amended to read as follows:
j. (1) The tax imposed upon the taxable income of a
nonresident shall be computed by reducing the amount determined
pursuant to paragraphs "a" through "i" by the amounts of
nonrefundable credits under this division and by multiplying
this resulting amount by a fraction of which the nonresident's
net income allocated to Iowa, as determined in section 422.8,
subsection 2, paragraph "a", is the numerator and the
nonresident's total net income computed under section 422.7 is
the denominator. This provision also applies to individuals who
are residents of Iowa for less than the entire tax year.
(2) The tax imposed upon the taxable income of a resident
shareholder in a value-added corporation which has in effect for
the tax year an election under subchapter S of the Internal
Revenue Code and carries on business within and without the
state may be computed by reducing the amount determined pursuant
to paragraphs "a" through "i" by the amounts of nonrefundable
credits under this division and by multiplying this resulting
amount by a fraction of which the resident's net income
allocated to Iowa, as determined in section 422.8, subsection 2,
paragraph "b", is the numerator and the resident's total net
income computed under section 422.7 is the denominator. This
paragraph also applies to individuals who are residents of Iowa
for less than the entire tax year.
(a) In order for a resident shareholder in a value-added
corporation which has in effect for the tax year an election
under subchapter S of the Internal Revenue Code and carries on
business within and without the state, to claim the benefits of
apportionment of income of the value-added corporation, the
taxpayer must completely fill out the return, determine the
taxpayer's income tax liability without the
benefit of apportionment of the value-added corporation's
income, and pay the amount of tax owed. The taxpayer shall
recompute the taxpayer's income tax liability, by applying the
provisions of this subparagraph on a special return. This
special return shall be filed under rules of the director and
constitutes a claim for refund of the difference between the
amount of tax the taxpayer paid as determined without the
provisions of this subparagraph and the amount of tax determined
with the provisions of this subparagraph.
(b) This subparagraph shall not affect the amount of the
taxpayer's checkoff to the Iowa election campaign fund under
section 56.18, the checkoff for the fish and game fund in
section 107.16, the credits from tax provided in sections
422.10, 422.11A, and 422.12 and the allocation of these credits
between spouses if the taxpayers filed separate returns or
separately on combined returns.
(c) For any tax year, the aggregate amount of refund claims
that shall be paid pursuant to this subparagraph shall not
exceed five million dollars. If, for a tax year, the aggregate
amount of refund claims filed pursuant to this subparagraph
exceeds five million dollars, each claim for refund shall be
paid on a pro rata basis so that the aggregate amount of refund
claims does not exceed five million dollars. In the case where
refund claims are not paid in full, the amount of the refund to
which the taxpayer is entitled under this subparagraph is the
pro rata amount that was paid and the taxpayer is not entitled
to a refund of the unpaid portion and is not entitled to carry
that amount forward or backward to another tax year. Taxpayers
shall not use refunds as estimated payments for the succeeding
tax year. Taxpayers whose tax years begin on January 1 must
file their refund claims by October 31 of the calendar year
following the end of their tax year to be eligible for refunds.
Taxpayers whose tax years begin on a date other than January 1
must file their refund claims by the end of the tenth month
following the end of their tax years to be eligible. The
department shall determine on February 1 of the second
succeeding calendar year if the total amount of claims for
refund exceeds five million dollars for the tax year.
Notwithstanding any other provision, interest shall not be due
on any refund claims that are paid by the last day of February
of the second succeeding calendar year. If the claim is not
payable on February 1 of the second succeeding calendar year,
because the taxpayer is a fiscal year filer, then the amount of
the claim allowed shall be in the same ratio as the refund
claims available on February 1 of the second succeeding calendar
year. These claims shall be funded by moneys appropriated for
payment of individual income tax refunds.
Sec. 15. Section 422.5, subsection 1, paragraph k, unnumbered
paragraph 4, Code 1995, is amended to read as follows:
In the case of a resident, including a resident estate or trust,
the state's apportioned share of the state alternative minimum
tax is one hundred percent of the state alternative minimum tax
computed in this subsection. In the case of a resident or
part year resident shareholder in a value-added corporation
which has in effect for the tax year an election under
subchapter S of the Internal Revenue Code and carries on
business within and without the state, a nonresident,
including a nonresident estate or trust, or an individual,
estate, or trust that is domiciled in the state for less than
the entire tax year, the state's apportioned share of the state
alternative minimum tax is the amount of tax computed under this
subsection, reduced by the applicable credits in sections 422.10
through 422.12 and this result multiplied by a fraction with a
numerator of the sum of state net income allocated to Iowa as
determined in section 422.8, subsection 2, paragraph "a" or
"b" as applicable, plus tax preference items, adjustments, and
losses under subparagraph (1) attributable to Iowa and with a
denominator of the sum of total net income com
puted under section 422.7 plus all tax preference items,
adjustments, and losses under subparagraph (1). In computing
this fraction, those items excludable under subparagraph (1)
shall not be used in computing the tax preference items. Married
taxpayers electing to file separate returns or separately on a
combined return must allocate the minimum tax computed in this
subsection in the proportion that each spouse's respective
preference items, adjustments, and losses under subparagraph (1)
bear to the combined preference items, adjustments, and losses
under subparagraph (1) of both spouses.
Sec. 16. Section 422.8, subsection 2, Code 1995, is amended to
read as follows:
2. a. Nonresident's net income allocated to Iowa is the
net income, or portion thereof of net income, which is
derived from a business, trade, profession, or occupation
carried on within this state or income from any property, trust,
estate, or other source within Iowa. However, income derived
from a business, trade, profession, or occupation carried on
within this state and income from any property, trust, estate,
or other source within Iowa shall not include distributions from
pensions, including defined benefit or defined contribution
plans, annuities, individual retirement accounts, and deferred
compensation plans or any earnings attributable thereto so long
as the distribution is directly related to an individual's
documented retirement and received while the individual is a
nonresident of this state. If a business, trade, profession, or
occupation is carried on partly within and partly without the
state, only the portion of the net income which is fairly and
equitably attributable to that part of the business, trade,
profession, or occupation carried on within the state is
allocated to Iowa for purposes of section 422.5, subsection 1,
paragraph "j", and section 422.13 and income from any property,
trust, estate, or other source partly within and partly without
the state is allocated to Iowa in the same manner, except that
annuities, interest on bank deposits and interest-bearing
obligations, and dividends are allocated to Iowa only to the
extent to which they are derived from a business, trade,
profession, or occupation carried on within the state.
b. A resident's income allocable to Iowa is the income
determined under section 422.7 reduced by items of income and
expenses from a subchapter S corporation which is a value-added
corporation that carries on business within and without the
state when those items of income and expenses pass directly to
the shareholders under provisions of the Internal Revenue Code.
These items of income and expenses are increased by the greater
of the following:
(1) The net income or loss of the corporation which is fairly
and equitably attributable to this state under section 422.33,
subsections 2 and 3.
(2) Any cash or the value of property distributions which are
made only to the extent that they are paid from income upon
which Iowa income tax has not been paid, as determined under
rules of the director, reduced by fifty percent of the amount of
any of these distributions that are made to enable the
shareholder to pay federal income tax on items of income, loss,
and expenses from the corporation.
Sec. 17. Section 422.8, Code 1995, is amended by adding the
following new subsection:
NEW SUBSECTION. 6. If the resident or part-year resident
is a shareholder of a value-added corporation which has in
effect an election under subchapter S of the Internal Revenue
Code, subsections 1 and 3 do not apply to any income taxes paid
to another state or foreign country on the income from the
value-added corporation which has in effect an election under
subchapter S of the Internal Revenue Code.
Sec. 18. This division of this Act, being deemed of immediate
importance, takes effect upon enactment and applies
retroactively to January 1, 1996, for tax years beginning on or
after that date.
DIVISION V
LIVESTOCK PRODUCTION TAX CREDIT
Sec. 19. NEW SECTION. 422.120 LIVESTOCK PRODUCTION TAX
CREDIT ALLOWED.
1. a. There is allowed a state tax credit for livestock
production operations located in the state. The amount of the
credit equals ten cents for each corn equivalent consumed by the
livestock in the production operation as specified under this
section. The credit shall be refunded as provided in section
422.121.
b. The credit shall be available to an individual or corporate
taxpayer who owns livestock, if all of the following apply:
(1) The total net worth of the taxpayer during the taxpayer's
tax year is less than one million dollars.
(2) The taxpayer receives, or accrues in the case of an
accrual-basis taxpayer, more than one-half of the taxpayer's
gross income from farming or ranching operations during the tax
year. Gross income from farming or ranching is the amount
reported as gross income on schedule F, or the equivalent
schedule, of the taxpayer's income tax return, the total gains
from sales of breeding livestock, and, if applicable, the
taxpayer's distributive share of income from farming or ranching
from a partnership, limited liability company, subchapter S
corporation, or an estate or trust. To determine whether a
taxpayer receives more than one-half of gross income from
farming or ranching, the taxpayer's amount of gross income from
farming or ranching shall be divided by the taxpayer's total
gross income as defined in section 61 of the federal Internal
Revenue Code.
2. The amount of the credit per operation is determined by
adding together for each head of livestock in the operation the
product of ten cents times the number of corn equivalents
consumed by that head of livestock. The amount of livestock
production credit per operation per tax year shall not exceed
three thousand dollars and the amount of livestock production
credit per taxpayer per tax year shall not exceed three thousand
dollars.
The maximum amount of corn equivalents for a head of livestock
in a production operation is the following:
a. Hog operations: Corn equivalents:
(1) Farrow to finish 13.0
(2) Farrow to feeder pig 2.6
(3) Finishing feeder pigs 10.4
b. Poultry operations:
(1) Layers 0.88
(2) Turkeys 1.5
(3) Broilers 0.15
c. Beef operations:
(1) Cow-calf 111.5
(2) Stocker 41.5
(3) Feedlot 75.0
(4) Dairy 350.0
d. Sheep operations:
(1) Ewe flock 20.5
(2) Feedlot 4.1
3. If the livestock operation is carried on partly within and
partly without the state, the portion of the operation
attributable to this state shall be determined pursuant to rules
adopted by the department. The department may adjust the
allocation upon request of the taxpayer in order to reflect the
actual livestock operation carried on within this state.
4. An individual may claim the livestock production tax credit
allowed a partnership, limited liability company, subchapter S
corporation, or estate or trust electing to have the income
taxed directly to the individual. The amount claimed by the
individual shall be based upon the pro rata share of the
individual's earning of the partnership, limited liability
company, subchapter S corporation, or estate or trust.
5. A fraudulent claim for a credit refund under this division
shall cause the forfeiture of any right or interest to a tax
credit refund in subsequent tax years under this division.
Sec. 20. NEW SECTION. 422.121 APPROPRIATION.
Beginning with the fiscal year beginning July 1, 1997, there is
appropriated annually from the general fund of the state two
million dollars to refund the credits allowed under this
division.
Sec. 21. NEW SECTION. 422.122 REFUND OF LIVESTOCK
PRODUCTION CREDIT CLAIMS.
1. Each tax year the total amount of livestock production
credit refund claims that shall be paid pursuant to section
422.120 shall not exceed the amount appropriated by the general
assembly for that purpose. If the total dollar amount of the
refund claims exceeds that amount, each claim shall be paid an
amount equal to that amount divided by the total number of
claims, not to exceed the amount of the taxpayer's claim.
Remaining funds shall be prorated among those claims not paid in
full in the proportion that each such claim bears to the total
amount of such claims not paid in full.
2. In the case where refund claims are not paid in full, the
amount of the refund to which the taxpayer is entitled is the
amount computed in subsection 1, and paid to the taxpayer, and
the taxpayer is not entitled to any unpaid portion of a claim
and is not entitled to carry forward or backward to another tax
year any unpaid portion of a claim. A taxpayer shall not use a
refund as an estimated payment for the succeeding tax year.
3. A taxpayer must file a claim for refund within ten months
from the last day of the taxpayer's tax year. An extension for
filing shall not be allowed. The department
shall determine by February 28 of the calendar year following
the calendar year in which the claims were filed if the total
amount of claims for refund exceeds the amount appropriated for
that purpose by the general assembly for the tax year. If the
claim is not payable on February 28 because the taxpayer is a
fiscal year filer, the claim shall be considered as a claim
filed for the following tax year.
4. A claim for refund shall be made on claim forms to be made
available by the department. In order for a taxpayer to have a
valid refund claim, the taxpayer must supply legible copies of
documents the director deems necessary to verify the amount of
the refund.
Sec. 22. FISCAL YEAR 1997-1998 APPROPRIATION. Notwithstanding
the livestock production operations described in section
422.120, for the tax year beginning on or after January 1, 1996,
the appropriation in section 422.121 shall only be used to
satisfy claims for cow-calf production.
Sec. 23. APPLICABILITY. This division of this Act applies to
tax years beginning on or after January 1, 1996.
DIVISION VI
SCHOOL STUDY GOALS
Sec. 24. It is the intent of the general assembly to support
the study of the department of education required in 1996 Iowa
Acts, House File 2477, if enacted, with the specified goals of
increasing the capacity of the whole school to meet the needs of
all children; increasing support available to atrisk students;
and ensuring predictable and equitable special education funding
at both the state and local levels; and with the additional goal
of achieving parity between the percentage of regular program
state cost per pupil and the percentage for that portion of
weighted enrollment that is additional enrollment because of
special education which constitute the regular program
foundation base and the percentage of special education support
services state cost per pupil which constitutes the special
education support services foundation base.
DIVISION VII
FUNDING CREDITS AND EXEMPTIONS
Sec. 25. NEW SECTION. 25B.7 FUNDING PROPERTY TAX CREDITS
AND EXEMPTIONS.
1. Beginning with property taxes due and payable in the fiscal
year beginning July 1, 1997, the cost of providing a property
tax credit or property tax exemption which is enacted by the
general assembly on or after January 1, 1997, shall be fully
funded by the state. If a state appropriation made to fund a
credit or exemption which is enacted on or after January 1,
1997, is not sufficient to fully fund the credit or exemption,
the political subdivision shall be required to extend to the
taxpayer only that portion of the credit or exemption funded by
the state appropriation. The department of revenue and finance
shall determine the portion of the credit or exemption which
will be funded by the state appropriation.
2. The requirement for fully funding and the consequences of
not fully funding credits and exemptions under subsection 1 also
apply to all of the following:
a. Homestead tax credit pursuant to sections 425.1 through
425.15.
b. Elderly, low-income, and disabled property tax credits
pursuant to sections 425.16 through 425.40.
c. Military service property tax credits and exemptions
pursuant to chapter 426A and sections 427.3 through 427.7.
Sec. 26. This division of this Act takes effect July 1, 1996."
2. Title page, by striking lines 1 through 17 and inserting the
following: "An Act changing the computation of the inflation
factors for the tax brackets and standard deduction under the
individual income tax; changing the computation of taxable
income of shareholders of certain subchapter S corporations;
increasing the amount of the appropriations for homestead
credit, military service credit, and low-income elderly and
disabled credit and reimbursement claims; providing tax credits
for livestock production; increasing the regular program
foundation base level under the school aid program; requiring
full funding for certain property tax credits; and providing
effective and applicability date provisions."
ON THE PART OF THE HOUSE ON THE PART OF THE SENATE
ROGER HALVORSON, Chair WILLIAM D. PALMER, Chair
BILL BERNAU WAYNE BENNETT
JOHN GREIG MARY LOU FREEMAN
CHUCK LARSON EMIL J. HUSAK
RICHARD MYERS TOM VILSACK
The motion prevailed and the report was adopted.
Halvorson of Clayton moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 2449)
The ayes were, 97:
Arnold Baker 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 Larson
Lord Main Martin Mascher
May McCoy Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy 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, 3:
Brammer Myers 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
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2449 be immediately messaged to the Senate.
REMARKS BY MINORITY LEADER SCHRADER
Schrader of Marion offered the following remarks:
Ladies and Gentleman of the House I understand it is the intent
of the majority party to attempt to close the session down by
midnight, so it looks like we have less than five minutes each.
I'll do my share, Mr. Corbett.
I would like to begin by saying thank you to friends here in the
chamber, and to you, Mr. Speaker, for the leadership you
provided. You've done a fine job and I am pleased to have served
with you. You deserve the thanks of all of the chamber.
Representative Siegrist, the same can be said for you - you have
served this body well. You have been willing to share and you
were upfront with the minority caucus and with your members as
well. I appreciate your hard work and I believe that many others
in this state appreciate it also.
I am not going to say an individual thank you to the staffers
that work for Ron and Brent, but I always felt the sign of a
good leader was the people they chose to have around them; the
people that you have chosen are a testament to your leadership.
They are excellent people and you made wise decisions when you
chose them. The people in the well and the people in your
offices are to be complimented.
I want to thank my staff - Mark Bransgard and Caroline Gaukel.
Occasionally when I revert to the service station or body shop
operator, they get me back on the straight and narrow and remind
me of where I am. The people on our caucus staff: Paulee
Lipsman, I have never seen anyone that worked harder and was
more dedicated; Tom Patterson, Ed Conlow, Mary Brown, Jo Romano,
Jennifer Parsons, Jim Addy, and Ingrid Johnson. They have all
done a fine job for our caucus, and we appreciate them.
I want to thank my assistant leaders, Dick Myers, who is absent
from the chamber, Mike Moreland, Pam Jochum, and John Connors.
It has been a team effort and I would choose these people if I
were choosing up sides again. They are great leaders.
I especially want to thank the members of my caucus. Mr.
Speaker, you and I know both sides of the coin in this place.
Once I sat where Representative Weigel sits. I believe you were
in Mr. Hurley's seat, and Representative Halvorson, you are
sitting where you were then. We were in different roles then, it
is a tough job being in the minority party. You work hard on a
lot of issues that you care deeply about and you seldom prevail.
These thirty-seven democrats that I have had the opportunity and
the honor to lead, are people that I will never forget, because
they are not quitters, they are not people who came to this
chamber on a lark - they came here on a mission, they came here
with an agenda and they did not quit, even when it was tough
going. We feel good about this session _ we feel great about
this session.
The property tax bill that passed has Democratic fingerprints
all over it. We worked hard to bring that issue to the General
Assembly and we feel great about its passage. The maternity stay
bill: the Senate passed it unanimously. That is going to make a
difference for Iowa families and we are very proud of that bill.
We think we all did work that will make the streets safer for
Iowans this year. We have disappointments - we would have liked
to have addressed the problem of hog lots in rural Iowa, This
will come back next year.
I guess I would close again by thanking not only those members
of the Democratic Caucus, but all of you I see here, whom I call
friends. Once in awhile we strain those friendships , and I have
been part of that from time to time, because we feel
differently. We feel strongly about things, but we all care
about the same things. I believe that every one of you holds as
deep a commitment about this state as the person next to you.
And I thank you all for the work that you do here.
For Horace and Art , I expect that you are going to relax a
little bit. For the rest of us it's fairs, fund raisers,
parades, door knocking. And for me, it will be a few nights at
the track. So if you have a chance come on out.
REMARKS BY MAJORITY LEADER SIEGRIST
Siegrist of Pottawattamie offered the following remarks:
Ladies and Gentlemen of the House:
This is the point of every legislative session that I enjoy the
most. It's the time where we get to catch our collective breath,
reflect a little bit on the session, and say goodbye.
However, I have to admit that I wasn't sure if we would ever get
to this point. For the last several weeks, I have felt like I
was caught inside the song by the Eagles, "Hotel California" you
can check in any time you want, but you can never leave.
Finally, we are at the end. How'd we do? I think very well. We
once again balanced the budget. We have a cash reserve of over
$400 million dollars, and a growing economy.
When I stood before you on the first day of session, I outlined
five goals for this session. All five were geared to the future
of this state. And we accomplished them all. Working together,
we cut taxes in a major way for the second year in a row. The
second goal was school technology. $150 million, front loaded,
over the next five years, positions our schools to move into the
future. Third, capping gambling and establishing a yearly source
of revenue to begin to address our infrastructure is a huge
accomplishment.
Public safety was addressed with the bills that established
stricter penalties for meth and the limited parole bill for
violent offenders. On top of that, we authorized construction of
a 750-bed prison in Fort Dodge. And lastly, we began to look at
quality-of-life issues by taking REAP to a $10 million level, $2
million for trails, and $3 million to begin to address our
deferred maintenance needs for our park system.
Five goals stated; five goals accomplished. On top of that, as
you have a chance to reflect, you will remember other issues
such as housing, victim's rights, and the workforce development
overhaul.
All in all, a very productive year for the citizens of Iowa.
Let me thank everyone who has made this session a success. We
can never say enough thanks for the people who help us get
through each year. From the doormen, to the phone operators, all
of the pages - everyone deserves our thanks. They make our time
here easier.
Special thanks go to our caucus staffs. You put up with us even
when we are being thick-headed beyond comprehension. We never
say thank you enough. You do a superb job. To everyone in the
well - thanks. You keep me on the right track.
To the members of the lobby - you have done it once again. You
have handled your job with the utmost competence and integrity.
You have earned the respect of the members of this body. The
people who lambaste lobbyists and their influence haven't met
the people who work the rotunda here.
For the members of the press, I have very much appreciated your
even-handed reporting of the activities of this body. I have
nothing but respect for the job that you do. However, I won't
miss the daily quiz: "Siegrist, what's the road map for today?"
A special thanks to all of our retirees. You will be missed.
Your energy and institutional knowledge will be sorely missed. I
still remember my first two years in this body when I sat
between two of this year's retirees as an innocent freshman. I
sat where Representative Disney sits now between Representative
Ollie and Representative Brammer. I still haven't recovered.
Representative Schrader - thank you. David, you have been a
pleasure to work with. As I observed you doing your job, I
admired your skills in running your caucus. To my friends in the
minority, congratulations on a job well done. You held our feet
to the fire, offered, for the most part, constructive
alternatives, and held the majority party accountable.
To the House Republican Leadership - thank you, thank you, thank
you. Harold, Chuck, Bob, Dick, Gary and Christopher - your input
and counsel made my job much easier.
Of course, I couldn't function without my page, Amanda, and
Becky and Susan. I wouldn't have a clue as to where I'm going or
who I'm supposed to see without Becky's help. She brings a
little order to my life and my desk.
Susan, what can I say? Everyone in here knows that when I look
good it's because of you. And when I screw up, it's because of
me. At the rate you are doing more of my job, you'll probably
start garnishing my wages.
Jeff and J.D. in Ron's office - thanks for your viewpoints. They
are always helpful.
Mr. Speaker, some people seem to have a silly idea that you and
I are interested in the same job a couple of years down the
road, and that we won't get along. Nothing could be further
from the truth. We have stood side by side, with my belly
obstructing the side view and your excessive forehead blinding
the front view, and we have worked to make this chamber move
forward and make Iowa a better place. It is an honor to consider
you my colleague and, more importantly, my friend.
Ladies and Gentlemen, we have much to be proud of. Working
together, we have made a difference. It hasn't always been easy,
but we got it done. As that famous Calypso poet, Jimmy Buffett,
writes in one of his songs:
"For we have plowed the seas, and smoothed the troubled waters.
Come along let's have some fun, seems our work is done."
Thank you and have a great interim.
REMARKS BY SPEAKER CORBETT
Speaker Corbett offered the following remarks:
Later this summer the Olympics will be held in Atlanta. One of
the track and field events in which America expects to do well
is the high jump. As you know, athletes have to leap over a bar.
The better the athletes do, the higher the bar is raised. I
think that is what the House of Representatives has done. Every
year we have raised the bar, raised the level of expectations
and raised the level of accomplishments.
In 1993, we gave Iowa its first balanced budget in ten years.
In 1994, we eliminated lowa's $408 million deficit.
In 1995 and 1996, we reduced the tax burden on the people of
Iowa. And for the first time in our history, the Legislature cut
taxes two consecutive years.
The energy and leadership in the Legislature comes from this
chamber whether Republican or Democrat. The ideas and optimism
in the Legislature come from this chamber. The House has set the
agenda, driven the agenda and accomplished its agenda. We have
reason to be proud of our accomplishments.
150 years ago, Iowa's first leaders fought for statehood. They
were opposed by pessimists who were afraid of the future. They
issued dire warnings of doom gloom. They screamed the sky would
fall if Iowa became a state and gave up its status and
privileges as a territory. Well they were wrong, the sky did not
fall.
In January, I stood here and said Iowa had a unique opportunity
to move forward in 1996. We had a substantial budget surplus,
low unemployment, record prices for a bushel of corn and an
increasing population. Iowans should be optimistic about the
future. But the pessimists, with their foolish fear of moving
forward,
issued dire warnings that the sky would fall because of federal
budget cuts. Well they were wrong, the sky did not fall.
We reduced taxes across the board, we balanced the budget for
the fourth year in a row, we kept sacred our $400 million cash
reserves and we will end this year with about $130 million in an
ending balance. Our budget is sound, we are spending $1 million
less the Governor recommended in January. We are in excellent
fiscal shape. Iowans have reason to be optimistic about the
future: We live in the most livable state in the country, we are
the sixth best managed state in the country and that will get
better because of what we have done this year.
Teddy Roosevelt once said, "It is through labor and painful
effort, by grim energy and resolute courage, that we move into
better things." Today is the one hundred fifteenth day of a one
hundred day session. It has taken labor and painful effort, grim
energy and resolute courage for this House to bring spending
down to an acceptable level.
It has been a successful two years. I feel honored to have been
Speaker for those two years. To every member of this body, I
would like to say, `Thank you for a job well done." You have
cleared a very high bar and deserve a gold medal; and for that
you all deserve a hand.
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 May 1, 1996, adopted the following resolution
in which the concurrence of the House is asked:
Senate Concurrent Resolution 126, a Senate concurrent resolution
to provide for adjournment sine die.
JOHN F. DWYER, Secretary
ADOPTION OF SENATE CONCURRENT RESOLUTION 126
Siegrist of Pottawattamie asked and received unanimous consent
for the immediate consideration of Senate Concurrent Resolution
126, as follows and moved its adoption:
1 SENATE CONCURRENT RESOLUTION 126
2 By: Committee on Rules and Administration
3 A Senate Concurrent Resolution to provide for
4 adjournment sine die.
5 Be It Resolved By The Senate, The House Concurring,
6 That when adjournment is had on Wednesday, May 1,
7 1996, it be the final adjournment of the 1996 Regular
8 Session of the Seventy-sixth General Assembly.
The motion prevailed and the resolution was adopted.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate Concurrent Resolution 126 be immediately messaged to
the Senate.
EXPLANATIONS OF VOTE
I was temporarily absent from the House chamber on May 1, 1996.
Had I been present, I would have voted "aye" on Senate File 2464.
ARNOLD of Lucas
I was necessarily absent from the House chamber on April 30,
1996. Had I been present, I would have voted "aye" on House
Files 2421, 2477, 2486 and Conference Committee Report on 2486,
and Senate Files 2140 and 2442.
EDDIE of Buena Vista
I was temporarily absent from the House chamber on May 1, 1996.
Had I been present, I would have voted "aye" on Senate File 2464.
TEIG of Hamilton
BILL 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 bill has 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 First day of May, 1996: House File 2427.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
COMMUNICATIONS RECEIVED
The following communications were received and filed in the
office of the Chief Clerk:
DEPARTMENT OF TRANSPORTATION
The Progress Report on the Intermodal Study, pursuant to Chapter
220.3, 1995 Acts of the Seventy-sixth General Assembly.
RACING AND GAMING COMMISSION
The 1995 Annual Report, pursuant to Chapters 99D and 99F, Code
of Iowa.
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\570 Ben Eastman, Cedar Falls - For celebrating his
Eightieth birthday with thanks for his many good works on behalf
of his church and community.
1996\571 Anthony Fischer, St. Albert High School, Council Bluffs
- For being selected a Southwest Regional Winner for the Des
Moines Register's 1996 Academic All State Team.
1996\572 Mark Fienhold, Thomas Jefferson High School, Council
Bluffs - For being selected a Southwest Regional Winner for the
Des Moines Register's 1996 Academic All State Team.
1996\573 Leah Elbert, Regina High School, Iowa City - For
achieving the "Best of Class."
1996\574 Anna Nelson, Iowa City West High School, Iowa City -
For achieving the "Best of Class."
1996\575 Nathan Willard, City High School, Iowa City - For
achieving the "Best of Class."
1996\576 Kelli Starcevich, PCM, Monroe - For receiving a 1
rating in the Prose Division of the 1996 All-State Speech
Festival.
1996\577 Heather Schrader, PCM, Monroe - For receiving a 1
rating in the Literary Program Division of the 1996 All-State
Speech Festival.
1996\578 Katja Niemi, PCM, Monroe - For receiving a 1 rating in
the After Dinner Speaking Division of the 1996 All-state Speech
Festival.
1996\579 Kevin Hosbond, PCM, Monroe - For receiving a 1 rating
in the Literary Program and Prose Divisions of the 1996
All-State Speech Festival.
1996\580 Pete Moyers, Iowa City - For being selected a Southeast
Regional Winner for the Des Moines Register's 1996 Academic All
State Team.
1996\581 Joel Papak, Iowa City - For being selected a Southeast
Regional Winner for the Des Moines Register's 1996 Academic All
State Team.
1996\582 Nathan Eric Lueck, Cedar Rapids - For being selected a
Northeast Regional Winner for the Des Moines Register's 1996
Academic All State Team.
1996\583 James V. Smith, Cedar Rapids - For his retirement after
Thirty-seven years of service as Chief Warrant Officer of the
Iowa National Guard.
1996\584 Iowa City High School Boys Track Team, Iowa City - For
winning 1st place in the 4 by 400-meter relay at the 1996 Drake
Relays.
1996\585 Iowa City High School Boys Track Team, Iowa City - For
winning 1st place in the 4 by 100-meter relay at the 1996 Drake
Relays.
1996\586 Merrill Coleman, Iowa City High - For being named
Outstanding Performer in the Boys' Division of the 1996 Drake
Relays.
1996\587 Florence Frisbie, Cherokee - For celebrating her One
hundred-third birthday.
1996\588 Steve Kellar and the Albia High School Band Department
of Albia - For their superior performance and exemplary conduct
at the 1996 Orlando Festival of Music on April 27, 1996,
including their designation as the Grand Champion Marching Band.
1996\589 Jane Repp, Newton - For being elected Woman of the Year
by the Jasper Charter Chapter of American Business Women's
Association.
RESOLUTION FILED
HR 115, by Welter, a resolution supporting the use of more than
one crew member in freight railroad operations.
Laid over under Rule 25.
AMENDMENTS FILED
H-6070 S.F. 2206 Garman of Story
H-6071 S.F. 2206 Garman of Story
H-6072 S.F. 2206 Garman of Story
H-6073 S.F. 2206 Garman of Story
H-6074 S.F. 2206 Garman of Story
H-6080 S.F. 2256 Senate Amendment
H-6081 S.F. 2206 Holveck of Polk
H-6082 S.F. 2206 Holveck of Polk
H-6083 S.F. 2206 Holveck of Polk
H-6084 S.F. 2206 Holveck of Polk
H-6085 S.F. 2206 Holveck of Polk
H-6088 S.F. 2206 Fallon of Polk
H-6090 S.F. 2206 Fallon of Polk
The House stood at ease at 12:00 midnight, until the fall of the
gavel.
The House resumed session at 1:00 p.m., Speaker Corbett in the
chair.
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 May 1, 1996, adopted the conference committee
report and passed 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.
Also: That the Senate has on May 1, 1996, adopted the following
resolution in which the concurrence of the Senate was asked:
House Concurrent Resolution 132, a concurrent resolution
recognizing the importance of the fossil crinoid.
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 2372, a bill for an act relating to termination of
rental agreements, the definition of notice, and notice
provisions for actions to recover property.
JOHN F. DWYER, Secretary
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 first day of May, 1996: House Files 121, 400, 455, 560,
2331, 2369, 2416, 2421, 2458, 2472, 2477, 2481, 2486, 2497 and
2500.
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 May 1, 1996, he approved and transmitted to the Secretary of
State the following bills:
House File 2491, an act relating to the care and maintenance of
pioneer cemeteries and authorizing a tax levy.
Senate File 284, an act relating to the crime of forgery, by
prohibiting the knowing possession of forged writings, including
documents prescribed for entry into, stay, or employment in the
United States, and providing criminal penalties and providing
civil penalties for employers hiring individuals with forged
documents regarding the individuals' entry into, study, or
employment in the United States.
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\590 Corning High School 10th - 12th Grade, Corning - For
winning 1st and 2nd place in the Senior Division of the Future
Problem Solving State Bowl.
1996\591 Jennifer Johannsen, Dubuque - For receiving 3rd place
in the Junior Division of the Keystone Area Education Agency
History Day Contest.
1996\592 Herman Damnan, Clarinda - For celebrating his
Ninety-seventh birthday.
1996\593 Violet Apple, Clarinda - For celebrating her One
hundred-first birthday.
1996\594 Anna Dusdieker, Clear Creek-Amana - For her
participation in the selection of the All State Academic Team
sponsored by the Iowa Newspaper Association.
1996\595 Creston FFA Chapter, Creston - For receiving the 1996
Iowa FFA Supreme National Chapter Award.
1996\596 Jason A. Knox, Fort Dodge - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1996\597 Ralph and Twylia Norris, Newton - For celebrating their
Fiftieth wedding anniversary.
1996\598 Sara Gronstal, Council Bluffs - For her work in
organizing a safety fair for National Safe Kids week.
1996\599 Laura and Russell Peterson, Sioux City - For
celebrating their Fiftieth wedding anniversary.
1996\600 Elna and John Rorabaugh, Colfax - For celebrating their
Fiftieth wedding anniversary.
1996\601 Velta Kincaid, Chariton - For celebrating her One
hundredth birthday.
1996\602 Mr. and Mrs. Howard Carlyle, Sewal - For celebrating
their Sixtieth wedding anniversary.
1996\603 Mr. and Mrs. Duane Wood, Centerville - For celebrating
their Fiftieth wedding anniversary.
1996\604 Wilda and Bill Mc Cann, Osceola - For celebrating their
Fiftieth wedding anniversary.
1996\605 Phoebe and George Buesch, Osceola - For celebrating
their Fiftieth wedding anniversary.
1996\606 Daniel J. Christofer, Lansing - For attaining the rank
of Eagle Scout, the highest rank in the Boy Scouts of America.
1996\607 Philipp M. Seibert, Davenport - For attaining the rank
of Eagle Scout, the highest rank in the Boy Scouts of America.
1996\608 Debarshi Das, Northern University High School - For
being named the "Outstanding Science Student" by the Iowa
Academy of Science and the Iowa Junior Academy of Science.
1996\609 Harold Duane Busby III, Mt. Pleasant - For attaining
the rank of Eagle Scout, the highest rank in the Boy Scouts of
America.
1996\610 Jason Denning, Mt. Pleasant - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1996\611 Betty and Darrell Strong, Sioux City - For celebrating
their Fiftieth wedding anniversary.
1996\612 August Rethmeier, Waterloo - For receiving a special
tribute as "Volunteer of the Year" for his hard work and
dedication as a volunteer for the Cedar Valley Food Bank for the
past eight years.
1996\613 Robbie Robertson, Waterloo - For receiving a special
tribute as "Volunteer of the Year" for his hard work and
dedication as a volunteer for the Cedar Valley Food Bank for the
past eight years.
1996\614 Harold Corson, Waterloo - For receiving a special
tribute as a "Volunteer of the Year" for his hard work and
dedication as a volunteer for the Cedar Valley Food Bank for the
past five years.
1996\615 Ryan Grimes, Cedar Falls - For achieving Level I, 1st
Place at the State of Iowa Russian Olympiada.
1996\616 Jason Carter, Muscatine - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1996\617 Mr. and Mrs. Guy Moon, Chariton - For celebrating their
Fiftieth wedding anniversary.
1996\618 Viola and Charles D. Brown, Osceola - For celebrating
their Fifty-fifth wedding anniversary.
1996\619 Fern and Doyle Manser, Chariton - For celebrating their
Fiftieth wedding anniversary.
1996\620 Cleo Throckmorton, Chariton - For celebrating her One
hundredth birthday.
1996\621 Hattie Ostergaard, The Western Home - For celebrating
her One hundredth birthday.
1996\622 Jean and Laverne VanGorp, Reasoner - For celebrating
their Fiftieth wedding anniversary.
1996\623 Ruth and George Rumbaugh, Baxter - For celebrating
their Sixtieth wedding anniversary.
1996\624 Teisha Smith, New Hampton Community High School - For
winning 1st Place in the Distance Medley, 2nd Place in the 4 by
200 Meter Relay, 3rd Place in the Shot Put and 5th Place in the
4 by 400 Meter Relay of the 1996 Girls Track 2A State
Championship.
1996\625 Heather Kuennen, New Hampton Community High School -
For winning 1st Place in the Distance Medley, 2nd Place in the 4
by 200 Meter Relay and 5th Place in the 4 by 400 Meter Relay of
the 1996 Girls Track 2A State Championship.
1996\626 Stacey Marr, New Hampton Community High School - For
winning 1st Place in the Distance Medley and 2nd Place in the 4
by 200 Meter Relay of the 1996 Girls Track 2A State Championship.
1996\627 Gina Shannon, New Hampton Community High School - For
winning 1st Place in the Distance Medley, 2nd Place in the 400
Meter Hurdles and 5th Place in the 4 by 400 Meter Relay of the
1996 Girls Track 2A State Championship.
1996\628 New Hampton Community High School, New Hampton - For
winning the 1996 2A Girls State Track Championship.
1996\629 Bill Boyd, New Hampton - For coaching the New Hampton
high School Girls Track Team to the 1996 2A State Championship.
1996\630 Dain Jeppson, New Hampton - For coaching the New
Hampton High School Girls Track Team to the 1996 2A State
Championship.
1996\631 Jill Bakewell, South Winneshiek High School - For
winning 1st Place in the Sprint Medley and 2nd Place in the 400
Meter Dash of the 1996 Girls Track 2A State Championship.
1996\632 Bree Elsbernd, South Winneshiek High School - For
winning 1st Place in the Sprint Medley and 6th Place in the 200
Meter Dash of the 1996 Girls Track 2A State Championship.
1996\633 Nikki Buchheit, South Winneshiek High School - For
winning 1st Place in the Sprint Medley of the 1996 Girls Track
2A State Championship.
1996\634 Lori Balik, South Winneshiek High School - For winning
1st Place in the Sprint Medley of the 1996 Girls Track 2A State
Championship.
1996\635 Leah Dvorak, New Hampton Community High School - For
winning 3rd Place in the High Jump of the 1996 Girls Track 2A
State Championship.
1996\636 Emily O'Donohoe, New Hampton Community High School -
For winning 1st Place in the 4 by 800 Meter Relay of the 1996
Girls Track 2A State Championship.
1996\637 Cherie TerHark, New Hampton Community High School - For
winning 1st Place in the 4 by 800 Meter Relay of the 1996 Girls
Track 2A State Championship.
1996\638 Jenny Kramer, New Hampton Community High School - For
winning 1st Place in the 4 by 800 Meter Relay of the 1996 Girls
Track 2A State Championship.
1996\639 Angie Schwikerath, New Hampton Community High School -
For winning 2nd Place in the 4 by 200 Meter Relay of the 1996
Girls Track 2A State Championship.
1996\640 Michelle Snyder, New Hampton Community High School -
For winning 1st Place in the 800 Meter Dash, 1st Place in the 4
by 800 Meter Relay and 5th Place in the 4 by 400 Meter Relay of
the 1996 Girls Track 2A State Championship.
1996\641 Marie Johnson-Engle, Bettendorf - For celebrating her
Eightieth birthday.
1996\642 Jazzlyn Douglas, Hudson - For winning 1st place in the
Junior Group Performance of the Iowa History Week Competition.
1996\643 Sarah Ricks, Hudson - For winning 1st place in the
Junior Group Performance of the Iowa History Week Competition.
1996\644 JoDee Schulz, Hudson - For winning 1st place in the
Junior Group Performance of the Iowa History Week Competition.
1996\645 Wayne and Laurel Wagaman, Prairie City - For
celebrating their Fiftieth wedding anniversary.
1996\646 Mr. and Mrs. William A. Smith, Colfax - For celebrating
their Fiftieth wedding anniversary.
1996\647 Steven Murray, Central City - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1996\648 Marge Roenfeldt, Davenport - For celebrating her
Seventy-fifth birthday.
1996\649 Mr. and Mrs. Earl L. Wilcken, Davenport - For
celebrating their Fortieth wedding anniversary.
1996\650 Mr. and Mrs. Harland L. Bleitz, Davenport - For
celebrating their Sixtieth wedding anniversary.
1996\651 Mr. and Mrs. Bernard Johnson, Davenport - For
celebrating their Fiftieth wedding anniversary.
1996\652 Mr. and Mrs. Clifford Petersen, Davenport - For
celebrating their Fiftieth wedding anniversary.
1996\653 Mr. and Mrs. Robert R. Carstens, Davenport - For
celebrating their Fortieth wedding anniversary.
1996\654 Keith Chaston, Dubuque - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1996\655 Josh Holt, Dubuque - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.
1996\656 Krystal Morris, Muscatine - For attaining the Girl
Scout Gold Award, the highest award in Girl Scouting.
1996\657 Hampton Municipal Band, Hampton - For celebrating its
Seventy-fifth anniversary.
1996\658 Emily Buresh, Riceville - For celebrating her One
hundredth birthday.
1996\659 Helen and Don Willis, Chariton - For celebrating their
Fiftieth wedding anniversary.
1996\660 Madelyn and Dale Loghry, Osceola - For celebrating
their Fiftieth wedding anniversary.
1996\661 Mary Jean and Jim Farver, Newton - For celebrating
their Fiftieth wedding anniversary.
1996\662 Phyllis and Bob Beard, Mingo - For celebrating their
Fiftieth wedding anniversary.
1996\663 Amber Schmidt, Laurens - For winning 1st Place in the
3000 meter event of the 1996 Girls Track 1A State Championship.
1996\664 Gerald and Alta Everman, Corydon - For celebrating
their Fiftieth wedding anniversary.
1996\665 Phyllis and James Connell, Osceola - For celebrating
their Fiftieth wedding anniversary.
1996\666 Mack and Wilberta Palmer, Council Bluffs - For
celebrating their Sixtieth wedding anniversary.
1996\667 Frank and Velma Berg, Council Bluffs - For celebrating
their Fiftieth wedding anniversary.
1996\668 Dean and Katherine Herrick, Council Bluffs - For
celebrating their Fiftieth wedding anniversary.
1996\669 Earl and Harriet Buskness, Council Bluffs - For
celebrating their Fiftieth wedding anniversary.
1996\670 Megan Manfull, Washington - For receiving the 1st in
the Nation in Feature Stories, presented by the National
Federation of Press Women.
1996\671 Roy and Norma Nelson, Newton - For celebrating their
Fiftieth wedding anniversary.
1996\672 Al and Margaret Ehl, Maquoketa - For celebrating their
Fiftieth wedding anniversary.
1996\673 Asher and Catherine Schroder, Maquoketa - For
celebrating their Fiftieth wedding anniversary.
1996\674 Tom E. Mitchell, Dubuque - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1996\675 Barry N. Van Duyn, Dubuque - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1996\676 Mark T. Leifker, Dubuque - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1996\677 Robert Winders, Dubuque - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1996\678 Olabelle Reed, Waterloo - For her thirty-six years of
service to the Waterloo School District.
1996\679 Lucy Bashor, Clarinda - For celebrating her One
hundredth birthday.
1996\680 Marion Farquhar, Clarinda - For celebrating her
Ninety-ninth birthday.
1996\681 Mildred and Milton Robeson, Davenport - For celebrating
their Fiftieth wedding anniversary.
1996\682 Lois and Ralph Ruebling, Davenport - For celebrating
their Forty-fifth wedding anniversary.
1996\683 Dorothy and Irving Schoenthal, Davenport - For
celebrating their Fiftieth wedding anniversary.
1996\684 Betty and Donald Seibel, Davenport - For celebrating
their Fortieth wedding anniversary.
1996\685 Elta Stahl, Davenport - For celebrating her
Eighty-fifth birthday.
COMMITTEE TO NOTIFY THE GOVERNOR
Van Maanen of Marion moved that the committee of two be
appointed to notify the Governor that the House was ready to
adjourn in accordance with Senate Concurrent Resolution 126,
duly adopted.
The motion prevailed and the Speaker appointed as such committee
Gipp of Winneshiek and Murphy of Dubuque.
COMMITTEE TO NOTIFY THE SENATE
Van Maanen of Marion moved that a committee of two be appointed
to notify the Senate that the House was ready to adjourn in
accordance with the Senate Concurrent Resolution 126, duly
adopted.
The motion prevailed and the Speaker appointed as such committee
Jacobs of Polk and Nelson of Pottawattamie.
COMMITTEE FROM THE SENATE
The committee from the Senate appeared and notified the House
that the Senate was ready to adjourn.
REPORT OF COMMITTEE TO NOTIFY THE SENATE
The committee appointed to notify the Senate that the House was
ready to adjourn returned and reported it had performed its duty.
The report was received and the committee discharged.
REPORT OF THE COMMITTEE TO NOTIFY THE GOVERNOR
The committee appointed to notify the Governor that the House
was ready to adjourn returned and reported that it had performed
its duty and that the Governor had sent the following message:
COMMUNICATION FROM THE GOVERNOR
The Honorable Ron Corbett
Speaker of the House
State Capitol Building
L O C A L
Dear Mr. Speaker:
This session of the General Assembly has produced positive,
lasting changes in Iowa laws that will improve educational
opportunities for our children and the safety of our citizens.
The most significant action was passage of the five-year, $150
million School Improvement and Technology Program that will help
local districts give elementary and secondary students, and
their teachers, more opportunities to work with and learn from
computer technology. Approval of the school aid formula for two
years also provided local school officials with stable,
predictable funding for the future.
This session was one of the most productive that I have seen in
enacting public safety legislation. All Iowans have the right
to feel safe and secure in their homes and neighborhoods and
this Legislature responded to the concerns for safer streets.
We abolished parole for sexual predators and criminals who
commit forcible felonies, such as first-degree robbery,
second-degree murder and second-degree kidnapping. We provided
Iowa employers with greater, easier access to criminal records
when conducting employee background checks and parents with
access to information on child care providers. And, we enacted
tougher penalties for the use, sale and manufacturing of
methamphetamine.
Several significant steps were taken to enhance Iowa's economic
competitiveness. The Legislature approved our work force
development initiatives, which will help prepare lowa's workers
for the challenges of the Twenty-first Century. By
strengthening our farmers cooperative laws, we may be able to
save meat processing jobs in Iowa and improve profitability for
many family farmers. This, along with improvements in the New
Jobs and Income Program will help create more quality jobs and
greater investment in rural Iowa.
Finally, I was pleased to see the Legislature increase the
school foundation level from 83 percent to 87.5 percent, thus
providing $85 million in direct property tax relief for Iowa
taxpayers. This, coupled with full indexation of the income tax
rates, help for some Subchapter S small businesses, and a
property tax credit for family farmers with cow-calf operations
provides significant tax relief to the people of Iowa.
Sincerely,
Terry E. Branstad
Governor
The communication was received and the committee discharged.
FINAL ADJOURNMENT
By virtue of Senate Concurrent Resolution 126, duly adopted, the
day of May 1, 1996 having arrived, the Speaker of the House of
Representatives declared the 1996 Regular Session of the
Seventy-sixth General Assembly adjourned sine die.
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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: Tue Jun 25 15:30:03 CDT 1996
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