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Sixty-seventh Calendar Day - Forty-sixth Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, March 20, 1997 The House met pursuant to adjournment at 8:45 a.m., Speaker pro tempore Van Maanen of Marion in the chair. Prayer was offered by Reverend David C. Dornack, Presbyterian Church, Sac City. The Journal of Wednesday, March 19, 1997 was approved. PETITION FILED By Eddie of Buena Vista, from forty-two constituents of District 10 opposing commercial harvesting of trees on state lands. INTRODUCTION OF BILL House File 708, by committee on appropriations, a bill for an act relating to agriculture and natural resources by providing for appropriations, related statutory changes, and providing an effective date. Read first time and placed on the appropriations calendar. SENATE MESSAGES CONSIDERED Senate File 190, by committee on natural resources and environment, a bill for an act relating to granting easements on certain property by the department of natural resources. Read first time and passed on file. Senate File 221, by committee on agriculture, a bill for an act providing for the termination of farm tenancies. Read first time and referred to committee on agriculture. Senate File 272, by committee on small business, economic development and tourism, a bill for an act relating to the implementation of certain assistance programs of the department of economic development. Read first time and passed on file. Senate File 358, by committee on state government, a bill for an act relating to the adoption of the interstate emergency management assistance compact. Read first time and referred to committee on state government. Senate File 432, by committee on local government, a bill for an act relating to the disposition of private property condemned under eminent domain. Read first time and referred to committee on transportation. Senate File 473, by committee on agriculture, a bill for an act requiring owners of agricultural drainage wells to prevent surface water intake into the wells, providing for the closure of certain wells and the construction of alternative drainage systems, providing state assistance for closing agricultural drainage wells, prohibiting the construction and use of certain structures located in agricultural drainage well areas, providing for the assessment and collection of certain drainage district expenses, providing penalties, and providing an effective date. Read first time and referred to committee on agriculture. LEAVE OF ABSENCE Leave of absence was granted as follows: Carroll of Poweshiek, until his arrival, on request of Siegrist of Pottawattamie. ADOPTION OF HOUSE MEMORIAL RESOLUTION 6 Eddie of Buena Vista offered the following House Memorial Resolution 6 and moved its adoption: HOUSE MEMORIAL RESOLUTION 6 Whereas, The Honorable Ruhl Maulsby of Calhoun County, Iowa, who was a member of the Sixty-eighth, Sixty-ninth, Sixty-ninth Extra, Sixty-ninth Second Extra, Seventieth, Seventy-first, Seventy-second, Seventy-second Extra, Seventy-second Second Extra, Seventy-third, Seventy-fourth and Seventy-fourth Extra general assemblies, passed away February 24, 1996; Now Therefore, Be It Resolved by the House of Representatives, That a committee of three be appointed by the Speaker of the House to prepare suitable resolutions commemorating his life, character and service to the state. The motion prevailed and the Speaker appointed as such committee Eddie of Buena Vista, Mundie of Webster and Meyer of Sac. ADOPTION OF HOUSE MEMORIAL RESOLUTION 7 Greig of Emmet offered the following House Memorial Resolution 7 and moved its adoption: HOUSE MEMORIAL RESOLUTION 7 Whereas, The Honorable Bill Salton of Palo Alto County, Iowa, who was a member of the Seventy-sixth general assemblies, passed away February 2, 1997; Now Therefore, Be It Resolved by the House of Representatives, That a committee of three be appointed by the Speaker of the House to prepare suitable resolutions commemorating his life, character and service to the state. The motion prevailed and the Speaker appointed as such committee Greig of Emmet, Frevert of Palo Alto and Klemme of Plymouth. ADOPTION OF HOUSE MEMORIAL RESOLUTION 8 Van Maanen of Marion offered the following House Memorial Resolution 8 and moved its adoption: HOUSE MEMORIAL RESOLUTION 8 Whereas, The Honorable Hugo Schnekloth of Scott County, Iowa, who was a member of the Sixty-seventh, Sixty-seventh Extra, Sixty-eighth, Sixty-ninth, Sixty-ninth Extra, Sixty-ninth Second Extra, Seventieth, Seventy-first, Seventy-second, Seventy-second Extra, Seventy-second Second Extra and Seventy-third general assemblies, passed away June 21, 1996; Now Therefore, Be It Resolved by the House of Representatives, That a committee of three be appointed by the Speaker of the House to prepare suitable resolutions commemorating his life, character and service to the state. The motion prevailed and the Speaker appointed as such committee Van Maanen of Marion, Bukta of Clinton and Millage of Scott. ADOPTION OF HOUSE MEMORIAL RESOLUTION 9 Arnold of Lucas offered the following House Memorial Resolution 9 and moved its adoption: HOUSE MEMORIAL RESOLUTION 9 Whereas, The Honorable Neil Pierce of Lucas County, Iowa, who was a member of the Fifty-seventh, Fifty-eighth and Fifty-ninth general assemblies, passed away June 21, 1996; Now Therefore, Be It Resolved by the House of Representatives, That a committee of three be appointed by the Speaker of the House to prepare suitable resolutions commemorating his life, character and service to the state. The motion prevailed and the Speaker appointed as such committee Arnold of Lucas, Schrader of Marion and Dolecheck of Ringgold. ADOPTION OF HOUSE MEMORIAL RESOLUTION 10 Weidman of Cass offered the following House Memorial Resolution 10 and moved its adoption: HOUSE MEMORIAL RESOLUTION 10 Whereas, The Honorable Wendell C. Pellett of Cass County, Iowa, who was a member of the Sixty-fourth, Sixty-fifth, Sixty-sixth, Sixty-seventh, Sixty-seventh Extra, Sixty-eighth, Sixty-ninth, Sixty-ninth Extra, Sixty-ninth Second Extra, Seventieth, Seventy-first, Seventy-second, Seventy-second Extra, Seventy-second Second Extra, Seventy-third general assemblies, passed away January 9, 1996; Now Therefore, Be It Resolved by the House of Representatives, That a committee of three be appointed by the Speaker of the House to prepare suitable resolutions commemorating his life, character and service to the state. The motion prevailed and the Speaker appointed as such committee Weidman of Cass, Connors of Polk and Van Maanen of Marion. ADOPTION OF HOUSE MEMORIAL RESOLUTION 11 Brunkhorst of Bremer offered the following House Memorial Resolution 11 and moved its adoption: HOUSE MEMORIAL RESOLUTION 11 Whereas, The Honorable Luvern W. Kehe of Bremer County, Iowa, who was a member of the Sixty-third and Sixty-fourth general assemblies, passed away July 28, 1995; Now Therefore, Be It Resolved by the House of Representatives, That a committee of three be appointed by the Speaker of the House to prepare suitable resolutions commemorating his life, character and service to the state. The motion prevailed and the Speaker appointed as such committee Brunkhorst of Bremer, Weigel of Chickasaw and Dix of Butler. ADOPTION OF HOUSE MEMORIAL RESOLUTION 12 Hahn of Muscatine offered the following House Memorial Resolution 12 and moved its adoption: HOUSE MEMORIAL RESOLUTION 12 Whereas, The Honorable Clarence F. Schmarje of Muscatine County, Iowa, who was a member of the Sixty-second general assembly, passed away September 1, 1995; Now Therefore, Be It Resolved by the House of Representatives, That a committee of three be appointed by the Speaker of the House to prepare suitable resolutions commemorating his life, character and service to the state. The motion prevailed and the Speaker appointed as such committee Hahn of Muscatine, Myers of Johnson and Brauns of Muscatine. ADOPTION OF HOUSE CONCURRENT RESOLUTION 15 Gries of Crawford asked and received unanimous consent for the immediate consideration of House Concurrent Resolution 15, a concurrent resolution providing for the formation of a committee by the Legislative Council to conduct a comprehensive study of school finance and make recommendations for a revised school aid formula, and moved its adoption. The motion prevailed and the resolution was adopted. CONSIDERATION OF BILLS Regular Calendar House File 401, a bill for an act relating to state government personnel procedures including job classifications, pay plans, employee recall from layoff, and abolishing the personnel commission, was taken up for consideration. Kremer of Buchanan 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. 401) The ayes were, 96: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Churchill Cohoon Corbett, Spkr. Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 4: Carroll Connors Dinkla Greig The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 628, a bill for an act relating to corporations by providing for the call of special meetings of shareholders, for the combination of a corporation and certain shareholders, and for certain merger and share acquisitions, was taken up for consideration. 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?" (H.F. 628) The ayes were, 97: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Garman Gipp Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, 1: Fallon Absent or not voting, 2: Connors Greig The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 625, a bill for an act relating to the activities of the department of education, vocational education, community colleges, special educational programs provided by area education agencies, payment of claims for nonpublic school pupil transportation, the school budget review committee, the enrollment of certain students, and annual audits of school districts, was taken up for consideration. Gries of Crawford offered the following amendment H-1203 filed by him and moved its adoption: H-1203 1 Amend House File 625 as follows: 2 1. Page 1, by striking lines 3 through 8 and 3 inserting the following: 4 "NEW PARAGRAPH. d. The school budget review 5 committee receives, pursuant to section 11.14, a 6 report of an examination of a school district that 7 includes an undesignated deficit in a fund specified 8 in chapter 298A, and the school budget review 9 committee requests in writing that the auditor of 10 state cause a complete or partial reaudit of the 11 school district. If the school". 12 2. Page 9, line 18, by striking the words 13 "statutory fund" and inserting the following: "fund 14 specified in chapter 298A". Amendment H-1203 was adopted. Cohoon of Des Moines offered the following amendment H-1239 filed by him and moved its adoption: H-1239 1 Amend House File 625 as follows: 2 1. Page 16, by striking lines 25 through 28 and 3 inserting the following: "and each regularly 4 established elementary and secondary school shall 5 begin no sooner than a day during the calendar week in 6 whichthe first day of SeptemberAugust 25 falls, but 7 no later than the first Monday in December.However,8if the first day of". 9 2. Page 17, by striking lines 18 and 19. 10 3. By striking page 22, line 15 through page 23, 11 line 4. 12 4. Page 23, line 5, by striking the figure 13 "257.17,". 14 5. By renumbering as necessary. A non-record roll call was requested. The ayes were 44, nays 51. Amendment H-1239 lost. Rants of Woodbury asked and received unanimous consent to withdraw amendment H-1254 filed by him on March 19, 1997. Rants of Woodbury offered amendment H-1260 filed by him as follows: H-1260 1 Amend House File 625 as follows: 2 1. Page 18, by inserting after line 34 the 3 following: 4 "Sec. ___. Section 282.30, subsection 1, Code 5 1997, is amended by adding the following new 6 paragraph: 7 NEW PARAGRAPH. c. (1) In lieu of the educational 8 programs provided for under paragraph "b", a facility 9 specified in paragraph "a", which is a publicly funded 10 facility or which is a nonprofit corporation organized 11 under chapter 504A and exempt from taxation pursuant 12 to section 501(c) of the Internal Revenue Code, may 13 submit a plan and proposed budget for the education of 14 a child living in the facility to the department of 15 education by January 1 annually. The department of 16 education shall notify the facility of its approval or 17 denial of the plan in writing by February 1. 18 Notification, if the plan is denied, shall identify 19 any areas of noncompliance with the education 20 standards provided in section 256.11, and shall 21 contain recommendations for corrective action 22 necessary for compliance. 23 (2) Notwithstanding section 282.31, if the plan is 24 approved, the department of education shall direct the 25 department of revenue and finance to pay the approved 26 budget amount provided for in the plan to the facility 27 in monthly installments beginning September 15 and 28 ending June 15 of the next succeeding school year. 29 The installments shall be as nearly equal as possible 30 as determined by the department of management, taking 31 into consideration the relative budget and cash 32 position of the state's resources. The department of 33 revenue and finance shall transfer the approved budget 34 amount for the facility from the moneys appropriated 35 under section 257.16 and make the payments to the 36 facility. The facility shall submit an accounting for 37 the actual cost of the plan to the department of 38 education by August 1 of the following school year. 39 The department shall review and approve or modify all 40 expenditures incurred in compliance with rules adopted 41 by the state board of education pursuant to section 42 256.7, subsection 10, and shall notify the department 43 of revenue and finance of the approved accounting 44 amount. The approved accounting amount shall be 45 compared with any amounts paid by the department of 46 revenue and finance to the facility and any 47 differences added to or subtracted from the October 48 payment made under this paragraph for the next school 49 year. Any amount paid by the department of revenue 50 and finance shall be deducted monthly from the state Page 2 1 foundation aid paid under section 257.16 to all school 2 districts in the state during the subsequent fiscal 3 year. The portion of the total amount of the approved 4 budget that shall be deducted from the state aid of a 5 school district shall be the same as the ratio that 6 the budget enrollment for the budget year of the 7 school district bears to the total budget enrollment 8 in the state for that budget year in which the 9 deduction is made. Not more than ten percent of the 10 moneys received under this paragraph shall be used for 11 administrative costs. 12 (3) A facility may appeal a decision by the 13 department of education to deny the plan submitted 14 pursuant to this paragraph, to the state board of 15 education. The decision of the state board is final." 16 2. By renumbering as necessary. Cohoon of Des Moines rose on a point of order that amendment H-1260 was not germane. The Speaker ruled the point well taken and amendment H-1260 not germane. Gries of Crawford moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 625) The ayes were, 98: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 2: Mascher Rants The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Concurrent Resolution 15, House Files 401, 628 and 625. INTRODUCTION OF BILLS House File 709, by committee on transportation, a bill for an act providing for maintenance and repair of out-of-state commercial vehicles and providing an effective date. Read first time and placed on the calendar. House File 710, by committee on appropriations, 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 Iowa department of public health, the department of human rights, the governor's alliance on substance abuse, and the commission of veterans affairs, and providing an effective date. Read first time and placed on the appropriations calendar. Appropriations Calendar House File 655, a bill for an act appropriating funds to the department of economic development, certain board of regents institutions, the department of workforce development, the public employment relations board, making statutory changes, and providing an effective date, was taken up for consideration. The House stood at ease at 10:30 a.m., until the fall of the gavel. The House resumed session at 11:45 a.m., Speaker pro tempore Van Maanen of Marion in the chair. LEAVE OF ABSENCE Leave of absence was granted as follows: Thomson of Linn on request of Gipp of Winneshiek. Schrader of Marion asked and received unanimous consent that amendments H-1225 and H-1258 be temporarily deferred. Murphy of Dubuque offered the following amendment H-1261 filed by him and moved its adoption: H-1261 1 Amend House File 655 as follows: 2 1. Page 14, by inserting after line 30 the 3 following: 4 "It is the intent of the general assembly that each 5 regional workforce development center designate a 6 business liaison outreach officer. The business 7 liaison outreach officer shall actively seek input 8 from area businesses regarding actual labor needs of 9 businesses within the region, determine the extent to 10 which area businesses have utilized or are utilizing 11 job placement services to meet these labor needs, 12 examine the past and current record of job placement 13 services regarding the ability to respond to these 14 labor needs through the referral of qualified job 15 applicants, and develop a plan for implementing 16 necessary changes for improving the level of business 17 utilization of job placement services and the ability 18 to refer qualified job applicants in the future." Amendment H-1261 lost. Reynolds-Knight of Van Buren offered the following amendment H-1225, previously deferred, filed by Reynolds-Knight, et al., and moved its adoption: H-1225 1 Amend House File 655 as follows: 2 1. Page 4, line 24, by striking the figure 3 "150,000" and inserting the following: "178,000". 4 2. Page 17, by striking lines 13 through 16 and 5 inserting the following: "any fund, notwithstanding 6 section 8.33.UnobligatedOf the unobligated funds 7 remaining on June 30, 1997, the first $28,000 shall 8 revert to thegeneral fund of the statecommunity 9 development program of the department of economic 10 development for purposes of Iowa's councils of 11 governments and all remaining moneys shall revert to 12 the strategic investment fund created in section 13 15.313." Roll call was requested by Weigel of Chickasaw and Siegrist of Pottawattamie. On the question "Shall amendment H-1225 be adopted?" (H.F. 655) Rule 75 was invoked. The ayes were, 47: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 52: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Siegrist Sukup Teig Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 1: Thomson Amendment H-1225 lost. 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 March 20, 1997, adopted the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 7, a concurrent resolution to suspend Joint Rule 20, subsection 3, to allow consideration of House File 388. MARY PAT GUNDERSON, Secretary Siegrist of Pottawattamie asked and received unanimous consent that House File 655 be temporarily deferred and that the bill retain its place on the calendar. ADOPTION OF SENATE CONCURRENT RESOLUTION 7 Siegrist of Pottawattamie asked for unanimous consent for the immediate consideration of Senate Concurrent Resolution 7, a concurrent resolution to suspend Joint Rule 20, subsection 3, to allow consideration of House File 388. Objection was raised. Siegrist of Pottawattamie moved to suspend the rules to immediately consider Senate Concurrent Resolution 7. Roll call was requested by Shoultz of Black Hawk and Reynolds-Knight of Van Buren. On the question "Shall the rules be suspended?" (S.C.R. 7) The ayes were, 52: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding The nays were, 47: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Cormack Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt Absent or not voting, 1: Thomson The motion prevailed and the rules were suspended. Speaker Corbett in the chair at 1:04 p.m. Siegrist of Pottawattamie moved the adoption of Senate Concurrent Resolution 7. Roll call was requested by Schrader of Marion and Siegrist of Pottawattamie. On the question "Shall the resolution be adopted?" (S.C.R. 7) The ayes were, 52: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett The nays were, 47: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Cormack Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt Absent or not voting, 1: Thomson The motion prevailed and the resolution was adopted. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate Concurrent Resolution 7 be immediately messaged to the Senate. On motion by Siegrist of Pottawattamie, the House was recessed at 1:15 p.m., until 1:45 p.m. AFTERNOON SESSION The House reconvened at 1:50 p.m., Rants of Woodbury in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed sixty-nine members present, thirty-one absent. The House stood at ease at 2:00 p.m., until the fall of the gavel. The House resumed session at 2:30 p.m., Rants of Woodbury in the chair. CONSIDERATION OF BILLS Appropriations Calendar The House resumed consideration of House File 655, a bill for an act appropriating funds to the department of economic development, certain board of regents institutions, the department of workforce development, the public employment relations board, making statutory changes, and providing an effective date, previously deferred. Shoultz of Black Hawk offered amendment H-1258, previously deferred, filed by him as follows: H-1258 1 Amend House File 655 as follows: 2 1. Page 11, by inserting after line 24 the 3 following: 4 "From moneys appropriated under this subsection, 5 the institute of decision making shall allocate 6 $50,000 for purposes of the neighborhood development 7 initiative program created in chapter 272E." 8 2. Page 16, by inserting after line 28 the 9 following: 10 "Sec. ___. NEW SECTION. 272E.1 TITLE. 11 This chapter shall be known and may be cited as the 12 "Neighborhood Development Initiative Act". 13 Sec. ___. NEW SECTION. 272E.2 PURPOSE. 14 The purpose of the neighborhood development 15 initiative is to facilitate community development in 16 neighborhoods through engaging and training 17 volunteers. 18 Sec. ___. NEW SECTION. 272E.3 NEIGHBORHOOD 19 DEVELOPMENT INITIATIVE PROGRAM. 20 1. A neighborhood development initiative program 21 shall be undertaken and implemented through a 22 collaborative effort by board of regents institutions. 23 The lead institution in the program shall be the 24 institute of decision making at the university of 25 northern Iowa. The program shall include pilot 26 projects on all of the following: 27 a. In an existing neighborhood without a formal 28 neighborhood organization, a pilot project shall 29 develop a formal neighborhood organization, determine 30 neighborhood needs and priorities, identify community 31 resources available to the neighborhood, develop 32 leadership, recommend changes, develop an action plan, 33 and develop a budget. 34 b. In a newly organized neighborhood organization, 35 a pilot project shall assess the effectiveness of the 36 organization, identify or review priorities and new 37 issues, assess plans and progress, recommend changes, 38 develop an action plan, develop a budget, and develop 39 a fund-raising plan. 40 c. In a mature and established neighborhood 41 organization, a pilot project shall assess past 42 success, assess the organizational organization, 43 assess the plans and programs, develop an action plan, 44 develop a budget and identify or seek community 45 resources, recommend public policy updates, recommend 46 changes, and develop a communication plan. 47 2. The pilot projects shall result in the 48 development of program requirements, program 49 qualifications, and a recommended approach for a 50 neighborhood development initiative program for Page 2 1 neighborhoods at any stage of development. 2 3. By January 1, 1998, the board of regents 3 institutions participating in the pilot projects shall 4 submit a joint report to the general assembly 5 regarding the results of the pilot projects and a 6 recommended approach for the full implementation of a 7 neighborhood development initiative program." 8 3. Page 17, by striking lines 13 through 16 and 9 inserting the following: "any fund, notwithstanding 10 section 8.33.UnobligatedOf the unobligated funds 11 remaining on June 30, 1997, the first $50,000 shall 12 revert to thegeneral fund of the stateuniversity of 13 northern Iowa for purposes of the institute of 14 decision making and all remaining moneys shall revert 15 to the strategic investment fund created in section 16 15.313." 17 4. By renumbering as necessary. Churchill of Polk rose on a point of order that amendment H-1258 was not germane. The Speaker ruled the point not well taken and amendment H-1258 germane. Shoultz of Black Hawk moved the adoption of amendment H-1258. Amendment H-1258 lost. Fallon of Polk offered amendment H-1250 filed by him as follows: H-1250 1 Amend House File 655 as follows: 2 1. Page 16, by inserting before line 8 the 3 following: 4 "Sec. ___. Section 15A.1, subsection 3, Code 1997, 5 is amended to read as follows: 6 3. In addition to the requirements of subsection 7 2, a state agency or community college shall not 8 provide a grant, loan, or other financial assistance 9 to a private person or on behalf of a private person 10 unless the business for whose benefit the financial 11 assistance is to be provided meets, to the 12 satisfaction of the state agency or community college, 13 all of the following: 14 Sec. ___. Section 15A.1, subsection 3, paragraph 15 a, Code 1997, is amended to read as follows: 16 a. The business makes a report detailing the 17 circumstances of its violations, if any, of a federal 18 or state statute, regulation, or rule including an 19 environmental protection or a worker protection 20 statute, regulation, or rule within the previousfive21 ten years.The state agency shall take into22consideration before allowing financial assistance23this report of the business.If the state agency or 24 community college finds a business has a record of 25 such violations over a period of time of more than one 26 year that demonstrates a consistent pattern of 27 disregard for federal or state laws and regulations, 28 the business shall be disqualified for economic 29 development assistance under this chapter for a period 30 of ten years from the date of disqualification. 31 Disqualification shall not occur if the state agency 32 or community college finds mitigating circumstances 33 which may include the absence of a serious threat to 34 the environment, to workers, or to the general public. 35 In considering mitigating circumstances, the state 36 agency or community college shall only examine the 37 circumstances which apply to past violations. The 38 state agency or community college shall provide the 39 business with written notice of the disqualification 40 decision within one month of making the decision. The 41 state agency or community college shall include in the 42 notification a stated reason for disqualification, 43 violations used to support the violation, and the date 44 upon which the business will be eligible for 45 assistance in the future. 46 Sec. ___. Section 15A.1, subsection 3, Code 1997, 47 is amended by adding the following new paragraphs: 48 NEW PARAGRAPH. c. A business which receives 49 economic development assistance shall report the 50 circumstances of future violations occurring after the Page 2 1 receipt of the assistance, if any, of a federal or 2 state statute, regulation, or rule including an 3 environmental protection or worker protection statute, 4 regulation, or rule for a period of ten years from the 5 date the assistance is received. If the state agency 6 or community college finds a business has developed a 7 record of such violations over a period of time of 8 more than one year that demonstrates a consistent 9 pattern of disregard for federal or state laws and 10 regulations, the business shall repay all economic 11 development assistance received during the previous 12 ten years. Disqualification shall not occur if the 13 state agency or community college finds mitigating 14 circumstances, which may include the absence of a 15 serious threat to the environment, to workers, or to 16 the general public. In considering mitigating 17 circumstances, the state agency or community college 18 shall only examine the circumstances which apply to 19 past violations. The state agency or community 20 college shall provide the business with written notice 21 of the disqualification decision within one month of 22 making the decision. The state agency or community 23 college shall include in the notification a stated 24 reason for disqualification, violations used to 25 support the violation, the amount of economic 26 assistance to be repaid, the terms of repayment, and 27 the date upon which repayment is due. Repayment of 28 economic assistance shall be paid over the same number 29 of years in which the business received the 30 assistance. 31 NEW PARAGRAPH. d. A business seeking economic 32 development assistance involving worker training shall 33 report the rate of turnover in its workforce for the 34 type of jobs for which worker training assistance is 35 sought. For purposes of this section, rate of 36 turnover means the number of workers who had to be 37 replaced in a given position over a one-year period. 38 Worker training assistance shall not be awarded to a 39 business if a state agency or community college finds 40 that the business seeking worker training assistance 41 has a history of high turnover in its workforce. High 42 turnover includes a rate of turnover which is 43 substantially higher than the rate of turnover for a 44 similar position at a similar business. 45 NEW PARAGRAPH. e. A business which receives 46 economic development assistance involving worker 47 training shall report the rate of turnover in its 48 workforce for the type of jobs for which worker 49 training is received for a period of five years from 50 the date the assistance is received. If a state Page 3 1 agency or community college determines a business 2 receiving worker training assistance develops a high 3 turnover in its workforce, the business shall repay 4 all worker training assistance received. High 5 turnover includes a rate of turnover which is 6 substantially higher than the rate of turnover for a 7 similar position at a similar business. 8 NEW PARAGRAPH. f. In making the findings and 9 determinations regarding violations, mitigating 10 circumstances, turnover rate, and whether the business 11 is disqualified for or must repay economic development 12 assistance under this chapter, a state agency or 13 community college shall be exempt from the 14 requirements of chapter 17A. 15 Sec. ___. Section 15A.3, Code 1997, is amended to 16 read as follows: 17 15A.3 PUBLIC ECONOMIC DEVELOPMENT ASSISTANCE - 18 VIOLATIONS - CRIMINAL PENALTIES. 19 A person who engages in deception and knowingly 20 makes or causes to be made, directly or indirectly, a 21 false statement in writing, for the purpose of 22 procuring economic development assistance from a state 23 agency or political subdivision, for the benefit of 24 the person or for whom the person is acting, is guilty 25 of a fraudulent practice in the first degree as 26 defined in section 714.9 and subject to triple the 27 monetary fine provided for in section 902.9. For 28 purposes of this section, "deception" means deception 29 as defined in section 702.9." 30 2. Title page, line 4, by inserting after the 31 word "changes," the following: "providing a 32 penalty,". 33 3. By renumbering as necessary. Fallon of Polk offered the following amendment H-1267, to amendment H-1250, filed by him from the floor and moved its adoption: H-1267 1 Amend the amendment, H-1250, to House File 655 as 2 follows: 3 1. Page 3, by striking lines 12 through 14 and 4 inserting the following: "assistance under this 5 chapter, a community college shall be exempt from the 6 requirements of chapter 17A. However, the board of 7 trustees of a community college shall adopt a written 8 policy regarding the method of making determinations 9 under this paragraph. The written policy shall ensure 10 that payments to retire certificates issued under 11 chapter 260E will continue until the certificates are 12 retired." Amendment H-1267, to amendment H-1250, lost. Fallon of Polk moved the adoption of amendment H-1250. Amendment H-1250 lost. Churchill of Polk offered the following amendment H-1263 filed by him and Boggess of Taylor and moved its adoption: H-1263 1 Amend House File 655 as follows: 2 1. Page 17, by inserting after line 4 the 3 following: 4 "Sec. ___. 1996 Iowa Acts, chapter 1218, section 5 55, subsection 3, is amended to read as follows: 6 3. The moneys appropriated in this section shall 7 be used only for providing assistance inthe form of8loan guarantees, irrevocable letters of credit, and9 accordance with section 15E.175, subsection 3, 10 paragraph "b". However, to be eligible for funding an 11 indemnification for liabilityagreementsagreement 12 shall be entered into prior toOctober 15, 1996June 13 30, 1998." 14 2. Page 18, by striking line 20 and inserting the 15 following: 16 "Sec. ___. IOWA HOUSING CORPORATION. By July 15, 17 1997,". 18 3. By renumbering as necessary. Amendment H-1263 was adopted. Weigel of Chickasaw offered the following amendment H-1257 filed by him and moved its adoption: H-1257 1 Amend House File 655 as follows: 2 1. Page 17, by striking lines 13 through 16 and 3 inserting the following: "any fund, notwithstanding 4 section 8.33.UnobligatedOf the unobligated funds 5 remaining on June 30, 1997, the first $100,000 shall 6 revert to thegeneral fund of the statecommunity 7 development division of the department of economic 8 development for purposes of the microbusiness rural 9 enterprise assistance program created in section 10 15.114 and all remaining moneys shall revert to the 11 strategic investment fund created in section 15.313." Roll call was requested by Weigel of Chickasaw and Siegrist of Pottawattamie. On the question "Shall amendment H-1257 be adopted?" (H.F. 655) The ayes were, 45: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 50: Arnold Barry Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rayhons Siegrist Sukup Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Rants, Presiding Absent or not voting, 5: Blodgett Koenigs Teig Thomson Tyrrell Amendment H-1257 lost. Barry of Harrison in the chair at 3:27 p.m. LEAVE OF ABSENCE Leave of absence was granted as follows: Blodgett of Cerro Gordo on request of Siegrist of Pottawattamie; Teig of Hamilton on request of Eddie of Buena Vista. Warnstadt of Woodbury offered the following amendment H-1241 filed by Warnstadt, et al., and moved its adoption: H-1241 1 Amend House File 655 as follows: 2 1. Page 18, by inserting after line 19 the 3 following: 4 "Sec. ___. ECONOMIC DEVELOPMENT INTERIM STUDY. 5 The legislative council is requested to establish an 6 interim committee to conduct a comprehensive study of 7 programs administered by the department of economic 8 development and make recommendations for future 9 actions to be taken to improve the competitive 10 economic position of the state. The study shall 11 include all of the following: 12 1. Develop a list of procedures for use by the 13 department of economic development for the evaluation 14 of existing and future economic development programs 15 and prepare recommended guidelines for the 16 administration and monitoring of each economic 17 development program by the department. 18 2. Identify the best means for ensuring the growth 19 and stability of the state. This identification shall 20 include an analysis of the state taxation structure as 21 applied to businesses operating in the state. 22 3. Conduct a program analysis of each of the 23 business assistance programs in the state including 24 loans, grants, tax incentives, training, technology 25 assistance, and all other state and local business 26 assistance programs. 27 4. Compare the economic health of the state and 28 its economic development programs with the economic 29 health and economic development programs of all 30 neighboring states. 31 5. Prepare recommendations for actions needed to 32 strengthen the competitive economic position of this 33 state among other states. 34 The interim committee shall be composed of members 35 of both political parties and both houses of the 36 general assembly who are members of the senate 37 standing committee on small business, economic 38 development and tourism and the house of 39 representatives standing committee on economic 40 development and members who represent the department 41 of economic development, the Iowa federation of labor, 42 economic development interest groups, and other 43 organizations and associations interested in economic 44 development. 45 The committee shall be staffed by the legislative 46 service bureau and the legislative fiscal bureau. The 47 committee shall begin its deliberations following the 48 adjournment of the 1997 Session of the general 49 assembly and shall issue its report of recommendations 50 by January 1, 1998." Page 2 1 2. By renumbering as necessary. Amendment H-1241 lost. Churchill 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. 655) The ayes were, 95: Arnold Bell Bernau Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Thomas Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Barry, Presiding The nays were, 2: Fallon Kreiman Absent or not voting, 3: Blodgett Teig Thomson 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 655 be immediately messaged to the Senate. House File 554, a bill for an act establishing a community college vocational-technical technology improvement program for community college technology funding and making an appropriation, was taken up for consideration. Warnstadt of Woodbury offered the following amendment H-1163 filed by him and moved its adoption: H-1163 1 Amend House File 554 as follows: 2 1. Page 1, by striking lines 3 through 5 and 3 inserting the following: 4 "1. There is appropriated from the general fund of 5 the state to the". Roll call was requested by Warnstadt of Woodbury and Schrader of Marion. On the question "Shall amendment H-1163 be adopted?" (H.F. 554) The ayes were, 46: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 51: Arnold Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Barry, Presiding Absent or not voting, 3: Blodgett Teig Thomson Amendment H-1163 lost. Millage of Scott asked and received unanimous consent to withdraw amendment H-1240 filed by him on March 18, 1997. Millage of Scott offered the following amendment H-1265 filed by him and moved its adoption: H-1265 1 Amend House File 554 as follows: 2 1. Page 1, by striking lines 13 through 17 and 3 inserting the following: "proportion that is based 4 upon the number of eligible hours for which students 5 are enrolled in credit programs at each community 6 college compared to the total number of eligible hours 7 for which students are enrolled in credit programs at 8 all community colleges." 9 2. Page 1, line 19, by striking the word "full- 10 time". 11 3. Page 1, by striking lines 20 and 21 and 12 inserting the following: "eligible hours for which 13 students are enrolled in credit programs at the 14 community college. The state board of". 15 4. Page 1, lines 22 and 23, by striking the words 16 ""full-time equivalent students"" and inserting the 17 following: ""eligible hours"". Amendment H-1265 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?" (H.F. 554) The ayes were, 95: Arnold Bell Bernau Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Thomas Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Barry, Presiding The nays were, none. Absent or not voting, 5: Blodgett Doderer Moreland Teig Thomson 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 554 be immediately messaged to the Senate. HOUSE FILE 703 REREFERRED The Speaker announced that House File 703, previously referred to the calendar was rereferred to committee on ways and means. SPECIAL PRESENTATION Cary Cochran, Iowa's all time leading basketball scorer with 2,650 points during his career at the Neola, Tri-Center School. Also accompanying him were his teammates, his father and coach Carl Cochran, assistant coach Brad Armstrong and Superintendent Ed Rastovskvi. By Drake of Pottawattamie BILL SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on March 20, 1997, he approved and transmitted to the Secretary of State the following bill: Senate File 82, an act relating to energy conservation including making appropriations of petroleum overcharge funds. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Six high school students from South Tama High School, Tama, accompanied by Dawn Schulte. By Brand of Tama. Six students from Johnston Middle School, Johnston, accompanied by Connie Skow and Kaye Smock. By Churchill of Polk. Eighty 4th grade students from Westwood Elementary School, Ankeny, accompanied by Mr. Carlton. By Lamberti of Polk. 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 1997\278 Mary McNie, Clinton - For celebrating her 90th birthday. 1997\279 Evelyn and Harry Thomsen, Camanche - For celebrating their 60th wedding anniversary. 1997\280 Clara and Robert Maedge, Clinton - For celebrating their 60th wedding anniversary. 1997\281 West Des Moines Community School District, West Des Moines - For receiving a FINE Foundation Recognition Award for the FLES - Elementary Spanish Program. 1997\282 Bert Hanson, Indianola - For being named Coach of the Year at the Des Moines Register's All-CIML Boys' Basketball American Conference. 1997\283 Edmund Johnson, Indianola - For being named to the Des Moines Register's All-CIML Boys' Basketball Team in the American Conference. 1997\284 Josh Cerveny, Indianola - For being named to the Des Moines Register's All-CIML Boys' Basketball Team in the American Conference. SUBCOMMITTEE ASSIGNMENTS House File 498 Ways and Means: Lord, Chair; Rants and Shoultz. House File 531 Ways and Means: Lord, Chair; Frevert and Rants. House File 626 Ways and Means: Dix, Chair; Myers and Richardson. House File 657 Reassigned Ways and Means: Jenkins, Chair; Larson, Shoultz, Teig and Weigel. House File 675 Ways and Means: Myers, Chair; Dinkla and Greig. Senate File 176 Human Resources: Boddicker, Chair; Ford and Veenstra. Senate File 236 Human Resources: Blodgett, Chair; Falck and Veenstra. Senate File 240 Appropriations: Nelson, Chair; Brand and Brunkhorst. Senate File 300 Human Resources: Blodgett, Chair; Barry and Fallon. HOUSE STUDY BILL COMMITTEE ASSIGNMENT H.S.B. 237 Ways and Means Relating to an increase in the physical plant and equipment property tax levy. RESOLUTIONS FILED HR 13, by committee on administration and rules, a resolution relating to an annual budget for the daily operations of the House of Representatives. Placed on the calendar. HR 14, by Lamberti and Ford, a resolution requesting that the Legislative Council establish an interim study committee to consider creation of a separate state department for youth services. Laid over under Rule 25. HCR 20, by Kremer, a concurrent resolution proclaiming the creation of the Iowa Veterans Foundation. Laid over under Rule 25. AMENDMENTS FILED H_1268 H.F. 664 Millage of Scott H_1269 H.F. 691 Murphy of Dubuque H_1270 H.F. 612 Boddicker of Cedar H_1271 H.F. 550 Churchill of Polk Myers of Johnson Weigel of Chickasaw Lamberti of Polk Dix of Butler H_1272 H.F. 118 Murphy of Dubuque H_1273 H.F. 642 Dinkla of Guthrie On motion by Siegrist of Pottawattamie, the House adjourned at 4:30 p.m., until 1:00 p.m., Monday, March 24, 1997.
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