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One Hundred Second Calendar Day - Sixty-sixth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Thursday, April 24, 1997
The House met pursuant to adjournment at 8:50 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend Steve Pike, Martelle Christian
Church, Martelle.
The Journal of Wednesday, April 23, 1997 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Ford of Polk, until his arrival, on request of Schrader of
Marion.
SENATE MESSAGES CONSIDERED
Senate File 530, by committee on ways and means, a bill for
an act relating to the establishment of an E911 surcharge,
providing for the distribution of the surcharge, and providing a
pooling mechanism for the purchase of equipment necessary for an
E911 system.
Read first time and referred to committee on commerce-regulation.
Senate File 543, by Iverson and Gronstal, a bill for an act
relating to public retirement systems by providing for the
effectiveness of termination provisions of a school district
retirement system, and by providing for the exclusion of certain
publicly elected officials from membership, and the calculation
of dividends for certain retirees, under the Iowa public
employees' retirement system.
Read first time and referred to committee on state government.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 23, 1997, amended and passed the
following bill in which the concurrence of the House is asked:
House File 674, a bill for an act providing a cause of action
against the state for wrongful imprisonment.
MARY PAT GUNDERSON, Secretary
HOUSE FILE 652 WITHDRAWN
Larson of Linn asked and received unanimous consent to withdraw
House File 652 from further consideration by the House.
CONSIDERATION OF BILLS
Unfinished Business Calendar
Senate File 526, a bill for an act providing for the
establishment of a healthy opportunities for parents to
experience success-healthy families Iowa program by the Iowa
department of public health, with report of committee
recommending passage, was taken up for consideration.
Carroll of Poweshiek offered the following amendment H-1835
filed by Carroll, et al., and moved its adoption:
H-1835
1 Amend Senate File 526, as passed by the Senate, as
2 follows:
3 1. Page 3, by inserting after line 19 the
4 following:
5 "3. It is the intent of the general assembly to
6 provide communities with the discretion and authority
7 to redesign existing local programs and services
8 targeted at and assisting families expecting babies
9 and families with children who are newborn through
10 five years of age. The Iowa department of public
11 health, department of human services, department of
12 education, and other state agencies and programs, as
13 appropriate, shall provide technical assistance and
14 support to communities desiring to redesign their
15 local programs and shall facilitate the consolidation
16 of existing state funding appropriated and made
17 available to the community for family support
18 services. Funds which are consolidated in accordance
19 with this subsection shall be used to support the
20 redesigned service delivery system. In redesigning
21 services, communities are encouraged to implement a
22 single uniform family risk assessment mechanism and
23 shall demonstrate the potential for improved outcomes
24 for children and families. Requests by local
25 communities for the redesigning of services shall be
26 submitted to and subject to joint approval of the Iowa
27 department of public health, department of human
28 services, and department of education based on the
29 innovation zones principles established in section
30 8A.2."
Amendment H-1835 was adopted.
Carroll of Poweshiek 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. 526)
The ayes were, 97:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta Burnett
Carroll Cataldo Chapman Churchill
Cohoon Connors Cormack
Dinkla Dix Doderer Dolecheck
Dotzler Drake Drees Eddie
Falck Fallon 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 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 Van Maanen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Mr. Speaker
Corbett
The nays were, none.
Absent or not voting, 3:
Chiodo Foege Ford
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
SENATE AMENDMENTS CONSIDERED
Larson of Linn called up for consideration Senate File 515, a
bill for an act relating to juvenile justice and youthful
offenders, by making changes in provisions relating to illegal
purchase or possession of alcohol by juveniles and youthful
offenders, making changes relating to dramshop liability,
providing for notification of possession of alcohol by persons
under legal age, providing for the taking of fingerprints and
photographs of certain juveniles, permitting victims to make
oral victim impact statements in juvenile proceedings, making
changes related to the supplying of alcohol to persons under the
age of twenty-one, providing for sharing of information
regarding delinquent juveniles and juveniles under the
jurisdiction of various social services agencies, providing for
shared jurisdiction between the adult and juvenile courts over
youthful offenders, changing the criteria for placement in the
state training school or other facility, making changes relating
to state reimbursement for expenses of court-appointed attorneys
in juvenile court, permitting the release of information
relating to juveniles who have escaped from a detention
facility, providing for notification of juvenile court
authorities of unexcused absences or suspensions or expulsions
of students who are on probation, providing for establishment of
statewide peer review courts for youthful offenders, providing
for bailiff and other law enforcement assistance to associate
juvenile judges, including arrest or disposition or custody or
adjudication data in criminal history data kept by the
department of public safety, authorizing school officials to
report possession or use of alcohol or controlled substances to
law enforcement authorities, amended by the House, further
amended by the Senate and moved that the House concur in the
following Senate amendment H-1903 to the House amendment:
H-1903
1 Amend the House amendment, S-3529, to Senate File
2 515, as amended, passed, and reprinted by the Senate,
3 as follows:
4 1. Page 1, line 46, by inserting after the figure
5 "123.47" the following: "which is committed by a
6 child".
The motion prevailed and the House concurred in the Senate
amendment H-1903, to the House amendment.
Larson of Linn 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. 515)
The ayes were, 93:
Arnold Barry Bell Blodgett
Boddicker Boggess Bradley Brand Brauns
Brunkhorst Bukta Burnett Carroll
Cataldo Chapman Chiodo
Cohoon Connors Cormack Dinkla
Dix Dolecheck Dotzler Drake
Drees Eddie Falck Frevert
Garman Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes 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 Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Mr. Speaker
Corbett
The nays were, 4:
Bernau Doderer Fallon Holveck
Absent or not voting, 3:
Churchill Foege Ford
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:
Senate Files 526 and 515.
Veenstra of Sioux in the chair at 9:06 a.m.
Weidman of Cass called up for consideration Senate File 177, a
bill for an act relating to motor vehicle operator prohibitions
and restrictions including exhibition driving, littering, blood
alcohol test certificates, and handicapped parking, and by
establishing or making existing penalties applicable, amended by
the House, further amended by the Senate and moved that the
House concur in the following Senate amendment H-1907 to the
House amendment:
H-1907
1 Amend the House amendment, S-3573, to Senate File
2 177, as amended, passed, and reprinted by the Senate,
3 as follows:
4 1. Page 1, by inserting after line 11 the
5 following:
6 " . Page 1, line 21, by striking the words
7 "engine noise,"."
8 2. By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1907, to the House amendment.
Weidman of Cass 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. 177)
The ayes were, 96:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Cohoon Connors Corbett, Spkr.
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Frevert
Garman Gipp Greig Greiner
Gries Grundberg Hahn Hansen Heaton
Holmes Holveck 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 Van Maanen Vande Hoef Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Veenstra,
Presiding
The nays were, none.
Absent or not voting, 4:
Churchill Foege Ford Houser
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Metcalf of Polk called up for consideration House File 613, a
bill for an act relating to linked deposit investment programs,
amended by the Senate, and moved that the House concur in the
following Senate amendment H-1869:
H-1869
1 Amend House File 613, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 2, line 15, by striking the words "sixty-
4 five" and inserting the following: "sixty-eight".
5 2. Page 2, lines 23 and 24, by striking the words
6 "three one" and inserting the following: "three".
7 3. Page 2, line 33, by striking the words "under
8 a single management".
9 4. Page 3, by striking lines 5 through 11.
10 5. Page 3, line 13, by inserting after the word
11 "sales" the following: "for establishments holding
a
12 class "C" liquor license issued pursuant to section
13 123.30".
14 6. Page 3, by striking lines 29 through 31 and
15 inserting the following: "shall be fifty thousand
16 dollars.".
17 7. Page 4, line 23, by striking the words "one
18 hundred percent" and inserting the following:
"fifty-
19 one percent or more".
20 8. Page 5, line 19, by striking the words "under
21 a single management".
22 9. Page 5, by striking lines 26 through 33.
23 10. Page 5, line 35, by inserting after the word
24 "sales" the following: "for establishments holding
a
25 class "C" liquor license issued pursuant to section
26 123.30".
27 11. By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1869.
Metcalf of Polk 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. 613)
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 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 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 Van Maanen Vande Hoef
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Veenstra,
Presiding
The nays were, none.
Absent or not voting, 2:
Dix Lamberti
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Ways and Means Calendar
House File 729, a bill for an act relating to reporting and
depositing of local option sales and services taxes to the
department of revenue and finance by retailers and increasing
the amount of estimated distribution and frequency of
distribution to cities and counties by the department of revenue
and finance, was taken up for consideration.
Van Fossen 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. 729)
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 Huseman Huser Jacobs
Jenkins Jochum Kinzer Klemme
Koenigs Kreiman Kremer 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 Van Maanen Vande Hoef
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Veenstra,
Presiding
The nays were, none.
Absent or not voting, 2:
Houser Lamberti
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 648 WITHDRAWN
Jacobs of Polk asked and received unanimous consent to withdraw
House File 648 from further consideration by the House.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
Senate File 177, House Files 613 and 729.
Senate File 83, a bill for an act relating to property taxation
of property given to the state or a political subdivision upon
which a life estate is retained, with report of committee
recommending amendment and passage, was taken up for
consideration.
Hansen of Pottawattamie offered the following amendment H-1172
filed by the committee on ways and means and moved its adoption:
H-1172
1 Amend Senate File 83, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting after line 13 the
4 following:
5 "This section applies to property donated on or
6 after July 1, 1992, for purposes of property taxes or
7 special assessments due and payable in fiscal years
8 beginning on or after July 1, 1997.
9 Nothing in this section allows or requires the
10 imposition and collection of property taxes or special
11 assessments on donated property payable in any fiscal
12 year during the period beginning July 1, 1992, and
13 ending June 30, 1997, and nothing in this section
14 requires the payment of refunds of property taxes or
15 special assessments paid on donated property in any
16 fiscal year during the period beginning July 1, 1992,
17 and ending June 30, 1997."
The committee amendment H-1172 was adopted.
Hansen of Pottawattamie 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. 83)
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 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 Van Maanen
Vande Hoef Warnstadt Weidman Welter
Whitead Wise Witt Veenstra,
Presiding
The nays were, 1:
Weigel
Absent or not voting, 1:
Lamberti
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 9 WITHDRAWN
Vande Hoef of Osceola asked and received unanimous consent to
withdraw House File 9 from further consideration by the House.
ADOPTION OF HOUSE RESOLUTION 15
Connors of Polk called up for consideration House Resolution 15,
a resolution paying tribute to the memory of Mrs. Billie Jean
Walling and recognizing her many contributions to the Iowa House
of Representatives, and moved its adoption.
The motion prevailed and the resolution was adopted.
SPECIAL PRESENTATION
Representative Connors of Polk introduced to the House the
family of Billie Walling. The House stood for a moment of
silence in remembrance of Billie.
HOUSE FILE 723 WITHDRAWN
Millage of Scott asked and received unanimous consent to
withdraw House File 723 from further consideration by the House.
SENATE AMENDMENTS CONSIDERED
Boddicker of Cedar called up for consideration House File 635, a
bill for an act to consider the use of less lethal munitions by
peace officers not a use of deadly force, amended by the Senate,
and moved that the House concur in the following Senate
amendment H-1904:
H-1904
1 Amend House File 635, as passed by the House, as
2 follows:
3 1. Page 1, line 4, by inserting after the word
4 "officer" the following: ", corrections officer, or
5 corrections official".
6 2. Page 1, line 9, by inserting after the word
7 "officer" the following: ", corrections officer, or
8 corrections official".
9 3. Page 1, by inserting after line 17 the
10 following:
11 "Sec. ___. Section 724.2, Code 1997, is amended by
12 adding the following new subsections:
13 NEW SUBSECTION. 8. A resident of this state, who
14 possesses an offensive weapon which is a curio or
15 relic firearm under the federal Firearms Act, 18
16 U.S.C. ch. 44, solely for use in the official
17 functions of a historical reenactment organization of
18 which the person is a member, if the offensive weapon
19 has been permanently rendered unfit for the firing of
20 live ammunition. The offensive weapon may, however,
21 be adapted for the firing of blank ammunition.
22 NEW SUBSECTION. 9. A nonresident, who possesses
23 an offensive weapon which is a curio or relic firearm
24 under the federal Firearms Act, 18 U.S.C. ch. 44,
25 solely for use in official functions in this state of
26 a historical reenactment organization of which the
27 person is a member, if the offensive weapon is legally
28 possessed by the person in the person's state of
29 residence and the offensive weapon is at all times
30 while in this state rendered incapable of firing live
31 ammunition. A nonresident who possesses an offensive
32 weapon under this subsection while in this state shall
33 not have in the person's possession live ammunition.
34 The offensive weapon may, however, be adapted for the
35 firing of blank ammunition."
36 4. Title page, line 1, by striking the words "to
37 consider" and inserting the following: "relating to
38 weapons and munitions by considering".
39 5. Title page, line 2, by inserting after the
40 word "force" the following: "and relating to the
41 possession of curio or relic firearms by members of
42 certain organizations".
43 6. By renumbering, relettering, or redesignating
44 and correcting internal references as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1904.
Boddicker of Cedar 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. 635)
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
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 Teig
Thomas Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Warnstadt Weidman Weigel
Welter Whitead Wise
Witt Veenstra,
Presiding
The nays were, none.
Absent or not voting, 2:
Lamberti Taylor
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
Vande Hoef of Osceola called up for consideration House File
544, a bill for an act relating to placements for adoption and
foster care by providing for a family rights and
responsibilities plan and agreement, amended by the Senate, and
moved that the House concur in the following Senate amendment
H-1906:
H-1906
1 Amend House File 544, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 2, line 2, by striking the word "child"
4 and inserting the following: "family".
5 2. Page 2, line 14, by inserting before the word
6 "foster" the following: "family".
7 3. Page 3, line 6, by inserting after the figure
8 "1998." the following: "The standards shall not
9 impose unnecessary paperwork requirements and shall be
10 developed as part of the placement agreements, which
11 shall be attached to children's case permanency
12 plans."
The motion prevailed and the House concurred in the Senate
amendment H-1906.
Vande Hoef of Osceola 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. 544)
The ayes were, 99:
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
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 Van Maanen Vande Hoef Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Veenstra,
Presiding
The nays were, none.
Absent or not voting, 1:
Lamberti
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Bernau of Story called up for consideration House File 674, a
bill for an act providing a cause of action against the state
for wrongful imprisonment, amended by the Senate, and moved that
the House concur in the following Senate amendment H-1913:
H-1913
1 Amend House File 674, as passed by the House, as
2 follows:
3 1. Page 1, by inserting after line 22, the
4 following:
5 "__. The individual was imprisoned solely on the
6 basis of the conviction that was vacated, dismissed,
7 or reversed and on which no further proceedings can be
8 or will be had."
9 2. Page 1, by striking lines 23 and 24 and
10 inserting the following:
11 "2. Upon receipt of an order vacating, dismissing,
12 or reversing the conviction and sentence in a case for
13 which no further proceedings can be or will be held
14 against an individual on any facts and circumstances
15 alleged in the proceedings which resulted in the
16 conviction, the district court shall make a
17 determination whether there is clear and convincing
18 evidence to establish either of the".
19 3. Page 1, line 27, by striking the words "and
20 sentenced" and inserting the following: ", sentenced,
21 and imprisoned".
22 4. Page 1, line 30, by striking the words "and
23 sentenced" and inserting the following: ", sentenced,
24 and imprisoned".
25 5. Page 1, by striking lines 32 and 33 and
26 inserting the following:
27 "3. If the district court finds that there is
28 clear and convincing evidence to support either of".
29 6. Page 1, line 34, by striking the words and
30 figure "1, paragraph "e"" and inserting the following:
31 "2".
32 7. Page 2, by striking lines 9 through 12, and
33 inserting the following: "of this section, to the
34 individual named in the order."
35 8. Page 2, line 24, by striking the words
36 "include any of" and inserting the following: "are
37 limited to".
38 9. By striking page 2, line 34, through page 3,
39 line 3, and inserting the following:
40 "___. An amount of liquidated damages in an amount
41 equal to fifty dollars per day of wrongful
42 imprisonment."
43 10. Page 3, lines 5 and 6, by striking the words
44 "arrest, prosecution, conviction," and inserting the
45 following: "conviction".
46 11. By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1913.
Bernau of Story 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. 674)
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 Frevert Garman Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
Holveck Houser Huseman Huser
Jacobs Jenkins Jochum Kinzer Klemme
Koenigs Kreiman Kremer 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 Van Maanen
Vande Hoef Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Veenstra,
Presiding
The nays were, none.
Absent or not voting, 2:
Ford Lamberti
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Gipp of Winneshiek asked and received unanimous consent that the
following bills be immediately messaged to the Senate: Senate
File 83, House Files 635, 544 and 674.
Unfinished Business Calendar
House File 695, a bill for an act relating to household
hazardous
materials and retail labeling requirements, was taken up for
consideration.
Mascher of Johnson offered the following amendment H-1847 filed
by her and Teig of Hamilton, and moved its adoption:
H-1847
1 Amend House File 695 as follows:
2 1. Page 1, lines 29 and 30, by striking the words
3 "quantities and selection of alternative products" and
4 inserting the following: "quantities, and selection
5 of alternative products, and".
6 2. Page 2, line 4, by inserting after the word
7 "repealed" the following: "on January 1, 1998".
Amendment H-1847 was adopted.
SENATE FILE 285 SUBSTITUTED FOR HOUSE FILE 695
Teig of Hamilton asked and received unanimous consent to
substitute Senate File 285 for House File 695.
Senate File 285, a bill for an act relating to household
hazardous materials and retail labeling requirements, was taken
up for consideration.
Teig of Hamilton 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. 285)
The ayes were, 95:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns 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 Koenigs
Kreiman Kremer Larkin Larson Lord
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 Van Maanen Vande Hoef Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Veenstra,
Presiding
The nays were, 2:
Fallon Martin
Absent or not voting, 3:
Brunkhorst Klemme Lamberti
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 695 WITHDRAWN
Teig of Hamilton asked and received unanimous consent to
withdraw House File 695 from further consideration by the House.
Speaker Corbett in the chair at 10:13 a.m.
Ways and Means Calendar
The House resumed consideration of Senate File 531, a bill for
an act relating to the increase in the physical plant and
equipment levy, previously deferred.
Teig of Hamilton 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. 531)
The ayes were, 96:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Garman Gipp Greig
Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Huseman
Huser Jacobs Jenkins
Jochum Kinzer Klemme Koenigs
Kreiman Kremer Larkin 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 Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Mr. Speaker
Corbett
The nays were, 1:
Larson
Absent or not voting, 3:
Holveck Houser Lamberti
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:
Senate Files 285 and 531.
HOUSE REFUSED TO CONCUR
Brauns of Muscatine called up for consideration Senate File 391,
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 of the state, road use tax fund,
and primary road fund, providing for the nonreversion of certain
moneys, establishing a toll-free road and weather reporting
system, eliminating the motor vehicle use tax as the funding
source for the value-added agricultural products and processes
financial assistance program and the renewable fuels and
coproducts fund, and providing for the designation of access
Iowa highways, and providing effective dates, amended by the
House, further amended by the Senate and moved that the House
concur in the following Senate amendment H-1701 to the House
amendment:
H-1701
1 Amend the amendment, S-3453, to Senate File 391, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 6 through 11.
5 2. By renumbering as necessary.
The motion lost and the House refused to concur in the Senate
amendment H-1701, to the House amendment.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 391 be immediately messaged to the Senate.
The House stood at ease at 10:28 a.m., until the fall of the
gavel.
The House resumed session at 10:35 a.m., Speaker Corbett in the
chair.
The House stood at ease at 10:36 a.m., until the fall of the
gavel.
The House resumed session at 11:53 a.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 April 24, 1997, passed the following bill in
which the concurrence of the Senate was asked:
House File 265, a bill for an act relating to the affirmation
and reenactment of certain provisions affecting the criminal and
juvenile laws, and providing an effective date.
Also: That the Senate has on April 24, 1997, passed the
following bill in which the concurrence of the Senate was asked:
House File 355, a bill for an act relating to the tax exemption
of active duty pay of national guard or armed forces military
reserve personnel for certain foreign service and providing an
effective date.
Also: That the Senate has on April 24, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 456, a bill for an act relating to city civil service
and providing an effective date.
Also: That the Senate has on April 24, 1997, appointed the
conference committee to House File 612, a bill for an act
relating to child support recovery, providing penalties, and
providing effective dates, and the members of the Senate are:
The Senator from Shelby, Senator Boettger, Chair; the Senator
from Black Hawk, Senator Redfern; the Senator from Iowa, Senator
Schuerer; the Senator from Johnson, Senator Neuhauser; the
Senator from Henry, Senator Vilsack.
Also: That the Senate has on April 24, 1997, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 184, a bill for an act relating to collection of
fees charged prisoners for room and board, by providing for the
entry of judgment against the prisoner and enforcement of the
judgment through writ of execution, and providing for an
effective date.
Also: That the Senate has on April 24, 1997, insisted on its
amendment to Senate File 391, 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 of
the state, road use tax fund, and primary road fund, providing
for the nonreversion of certain moneys, establishing a toll-free
road and weather reporting system, eliminating the motor vehicle
use tax as the funding source for the value-added agricultural
products and processes financial assistance program and the
renewable fuels and coproducts fund, and providing for the
designation of access Iowa highways, and providing effective
dates, and the members of the Conference Committee on the part
of the Senate are: The Senator from Muscatine, Senator Drake,
Chair; the Senator from Buena Vista, Senator Freeman; the
Senator from Sac, Senator King; the Senator from Webster,
Senator Halvorson; the Senator from Dubuque, Senator Connolly.
Also: That the Senate has on April 24, 1997, insisted on its
amendment to Senate File 529, a bill for an act relating to and
making appropriations to certain state departments, agencies,
funds, and certain other entities, providing for regulatory
authority, and other properly related matters, and the members
of the Conference Committee on the part of the Senate are: The
Senator from Linn, Senator Lundby, Chair; the Senator from
Worth, Senator Bartz; the Senator from Kossuth, Senator J.
Black; the Senator from Polk, Senator McCoy; the Senator from
Wapello, Senator Gettings.
Also: That the Senate has on April 24, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 550, a bill for an act establishing an oversight and
communications committee, establishing a legislative information
technology bureau, and providing an effective date.
Also: That the Senate has on April 24, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 551, a bill for an act relating to the compensation
and benefits for public officials and employees, providing for
related matters, and making appropriations.
MARY PAT GUNDERSON, Secretary
SENATE MESSAGE CONSIDERED
Senate File 551, by committee on appropriations, a bill for
an act relating to the compensation and benefits for public
officials and employees, providing for related matters, and
making appropriations.
Read first time and referred to committee on appropriations.
CONFERENCE COMMITTEE APPOINTED
(Senate File 391)
The Speaker announced the appointment of the conference
committee to consider the differences between the House and
Senate concerning Senate File 391: Brauns of Muscatine, Chair;
Rayhons of Hancock, Bradley of Clinton, Cohoon of Des Moines and
Warnstadt of Woodbury.
CONFERENCE COMMITTEE APPOINTED
(Senate File 529)
The Speaker announced the appointment of the conference
committee to consider the differences between the House and
Senate concerning Senate File 529: Brunkhorst of Bremer, Chair;
Holmes of Scott, Klemme of Plymouth, Cataldo of Polk and Taylor
of Linn.
On motion by Gipp of Winneshiek, the House was recessed at 11:55
a.m., until 2:00 p.m.
AFTERNOON SESSION
The House reconvened at 2:03 p.m., Speaker Corbett in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty members present, forty
absent.
RULES SUSPENDED
Barry of Harrison asked and received unanimous consent to
suspend the rules to consider Senate File 528.
CONSIDERATION OF BILLS
Ways and Means Calendar
Senate File 528, a bill for an act relating to the cleanup and
reuse of contaminated property, environmental remediation
standards and review procedures, participation in the
remediation of contaminated property, liability for the
voluntary cleanup of contaminated property, liability
protections, and establishing a land recycling fund, with report
of committee recommending passage, was taken up for
consideration.
Fallon of Polk offered amendment H-1926 filed by him from the
floor, and requested division as follows:
H-1926
1 Amend Senate File 528, as amended, passed, and
2 reprinted by the Senate, as follows:
H-1926A
3 1. Page 25, by striking line 26.
H-1926B
4 2. Page 25, by striking line 35 and inserting the
5 following:
6 " . The Iowa groundwater association."
7 3. By renumbering, relettering, and redesignating
8 as necessary.
Fallon of Polk asked and received unanimous consent that
amendment H-1926A be deferred.
Fallon of Polk moved the adoption of amendment H-1926B.
Amendment H-1926B lost.
Fallon of Polk moved the adoption of amendment H-1926A.
Amendment H-1926A lost.
Jenkins of Black Hawk moved that the bill be read a last time
now and placed upon its passage which motion prevailed and the
bill was read a last time.
On the question "Shall the bill pass?" (S.F. 528)
The ayes were, 100:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley Brand Brauns
Brunkhorst Bukta Burnett Carroll
Cataldo Chapman Chiodo Churchill
Cohoon Connors 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 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
Van Maanen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Mr. Speaker
Corbett
The nays were, none.
Absent or not voting, none.
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 528 be immediately messaged to the Senate.
SENATE AMENDMENT CONSIDERED
Hansen of Pottawattamie called up for consideration House File
557, a bill for an act relating to the operation and regulation
of certain insurance companies and mutual associations, and the
regulatory authority of the insurance division of the department
of commerce, amended by the Senate, and moved that the House
concur in the following Senate amendment H-1905:
H-1905
1 Amend House File 557, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 6, by inserting after line 19 the
4 following:
5 "Sec. ___. NEW SECTION. 514B.33 ESTABLISHMENT OF
6 LIMITED SERVICE ORGANIZATIONS.
7 1. A person may apply to the commissioner for and
8 obtain a certificate of authority to establish and
9 operate a limited service organization in compliance
10 with this chapter. A person shall not establish or
11 operate a limited service organization in this state,
12 or sell, offer to sell, or solicit offers to purchase
13 or receive advance or periodic consideration in
14 conjunction with a limited service organization
15 without obtaining a certificate of authority under
16 this chapter.
17 2. The commissioner shall adopt rules pursuant to
18 chapter 17A establishing a certification process for
19 limited service organizations.
20 3. a. For purposes of this section, "limited
21 service organization" means an organization providing
22 dental care services, vision care services, mental
23 health services, substance abuse services,
24 pharmaceutical services, podiatric care services, or
25 such other services as may be determined by the
26 commissioner.
27 b. "Limited service organization" does not include
28 an organization providing hospital, medical, surgical,
29 or emergency services, except as such services are
30 provided incident to those services identified in
31 paragraph "a"."
32 2. Page 10, by inserting after line 23 the
33 following:
34 "Sec. ___. Section 515D.4, subsection 2,
35 unnumbered paragraph 1, Code 1997, is amended to read
36 as follows:
37 Coverage under a policy A person shall not be
38 canceled except by notice to the insured as provided
39 in this chapter. Notice of cancellation of coverage
40 under a policy is not effective excluded from the
41 policy unless it the exclusion is based on one
or more
42 of the following reasons:
43 Sec. ___. Section 515D.5, Code 1997, is amended to
44 read as follows:
45 515D.5 DELIVERY OF NOTICE.
46 1. Notwithstanding the provisions of sections
47 515.80 through 515.81A, a notice of cancellation of a
48 policy shall not be effective unless mailed or
49 delivered by the insurer to the named insured at least
50 twenty days prior to the effective date of
Page 2
1 cancellation, or, where the cancellation is for
2 nonpayment of premium notwithstanding the provisions
3 of sections 515.80 and 515.81A at least ten days prior
4 to the date of cancellation. A post office department
5 certificate of mailing to the named insured at the
6 address shown in the policy shall be proof of receipt
7 of such mailing. Unless the reason accompanies the
8 notice of cancellation, the notice shall state that,
9 upon written request of the named insured, mailed or
10 delivered to the insurer not less than fifteen days
11 prior to the date of cancellation, the insurer will
12 state the reason for cancellation, together with
13 notification of the right to a hearing before the
14 commissioner within fifteen days as provided in this
15 chapter.
16 When the reason does not accompany the notice of
17 cancellation, the insurer shall, upon receipt of a
18 timely request by the named insured, state in writing
19 the reason for cancellation. A statement of reason
20 shall be mailed or delivered to the named insured
21 within five days after receipt of a request.
22 2. A notice of exclusion of a person under a
23 policy pursuant to section 515D.4, is not effective
24 unless written notice is mailed or delivered to the
25 named insured at least twenty days prior to the
26 effective date of the exclusion. The written notice
27 shall state the reason for the exclusion, together
28 with notification of the right to a hearing before the
29 commissioner pursuant to section 515D.10 within
30 fifteen days of receipt or delivery of a statement of
31 reason as provided in this section."
32 3. By renumbering, relettering, or redesignating
33 and correcting internal references as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-1905.
Hansen 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. 557)
The ayes were, 97:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta Burnett Carroll
Cataldo Chapman Chiodo Churchill
Cohoon Connors Cormack Dinkla
Dix Doderer Dolecheck Dotzler
Drake Drees Eddie Falck
Fallon Foege Ford Frevert
Gipp Greig Greiner Gries Grundberg
Hahn Hansen Holmes Holveck
Houser Huseman 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 Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Mr. Speaker
Corbett
The nays were, none.
Absent or not voting, 3:
Garman Heaton Huser
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 557 be immediately messaged to the Senate.
RULES SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend the rules to consider Senate File 551.
Appropriations Calendar
Senate File 551, a bill for an act relating to the compensation
and benefits for public officials and employees, providing for
related matters, and making appropriations, with report of
committee recommending passage, was taken up for consideration.
Garman of Story asked and received unanimous consent to withdraw
amendment H-1927 filed by her from the floor.
Gipp of Winneshiek 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.
Under the provision of Rule 76, Fallon of Polk refrained from
voting.
On the question "Shall the bill pass?" (S.F. 551)
The ayes were, 54:
Barry Bell Bernau Blodgett
Boggess Burnett Carroll Cataldo Chiodo
Churchill Cohoon Connors
Dinkla Doderer Drees Eddie
Ford Garman Gipp Greig
Gries Grundberg Holmes Huseman
Jenkins Jochum Kremer Lamberti Larkin
Lord Mascher Metcalf
Millage Moreland Murphy Myers Nelson
Osterhaus Rants Schrader Shoultz
Siegrist Taylor Teig Thomson
Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Weigel Welter
Wise Mr. Speaker
Corbett
The nays were, 45:
Arnold Boddicker Bradley Brand Brauns
Brunkhorst Bukta Chapman Cormack
Dix Dolecheck Dotzler Drake
Falck Foege Frevert Greiner
Hahn Hansen Heaton Holveck Houser
Huser Jacobs Kinzer Klemme
Koenigs Kreiman Larson
Martin May Mertz Meyer Mundie
O'Brien Rayhons
Reynolds-Knight Richardson Scherrman Sukup
Thomas Warnstadt Weidman Whitead
Witt
Absent or not voting, 1:
Fallon
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 551 be immediately messaged to the Senate.
RULES SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend the rules to consider Senate File 549.
Senate File 549, a bill for an act relating to the funding of,
operation of, and appropriation of moneys to the college student
aid commission, the department of cultural affairs, the
department of education, the state board of regents, to the
transfer of moneys from the interest for Iowa schools fund, and
making related statutory changes and providing effective date
and applicability provisions, with report of committee
recommending amendment and passage, was taken up for
consideration.
Grundberg of Polk offered amendment H-1866 filed by the
committee on appropriations as follows:
H-1866
1 Amend Senate File 549, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by striking lines 13 through 17.
4 2. Page 2, line 11, by striking the figure
5 "650,000" and inserting the following: "625,000".
6 3. Page 3, line 17, by striking the figure
7 "1,132,167" and inserting the following: "1,212,167".
8 4. Page 3, line 23, by striking the figure
9 "2,790,905" and inserting the following: "2,840,905".
10 5. Page 4, by inserting after line 1 the
11 following:
12 "The department of cultural affairs shall
13 collaborate with the tourism division of the
14 department of economic development to promote
15 attendance at the state historical building and at
16 this state's historic sites."
17 6. Page 5, by inserting after line 2 the
18 following:
19 "The department of education shall require the
20 board of directors of a school district to submit by
21 September 1, 1997, on forms provided by the
22 department, a list of all school fees charged and
23 collected by the district during fiscal year 1996-1997
24 and a list of the school fees the district intends to
25 charge during fiscal year 1997-1998. The department
26 shall compile and evaluate the information submitted
27 by the districts and submit a report to the general
28 assembly by October 1, 1997."
29 7. Page 5, line 19, by striking the figure
30 "4,379,622" and inserting the following: "4,349,622".
31 8. Page 5, by inserting after line 30 the
32 following:
33 "Except where prohibited under federal law, the
34 division of vocational rehabilitation services of the
35 department of education shall accept client
36 assessments, or assessments of potential clients,
37 performed by other agencies in order to reduce
38 duplication of effort."
39 9. Page 6, line 21, by striking the figure
40 "2,793,352" and inserting the following: "2,674,725".
41 10. Page 6, by inserting after line 22 the
42 following: "Reimbursement of the institutions of
43 higher learning under the state board of regents for
44 participation in the access plus program during the
45 fiscal year beginning July 1, 1997, and ending June
46 30, 1998, shall not exceed the total amount of
47 reimbursement paid to the regents institutions of
48 higher learning for participation in the access plus
49 program during the fiscal year beginning July 1, 1996,
50 and ending June 30, 1997."
Page 2
1 11. Page 6, line 30, by striking the figure
2 "7,226,694" and inserting the following: "7,276,694".
3 12. Page 7, line 32, by striking the figure
4 "107,900" and inserting the following: "127,900".
5 13. Page 8, by striking lines 2 through 7.
6 14. Page 8, by striking lines 12 and 13 and
7 inserting the following:
8 "The department of education shall make the funds
9 appropriated to the department for purposes of the
10 reading recovery program as provided in this Act
11 available to reimburse a school district for costs
12 incurred by the district in incorporating the reading
13 recovery program into the curriculum of the district,
14 for training a teacher in reading recovery techniques,
15 and other expenses related to the district's costs of
16 implementing the reading recovery program. Funds
17 appropriated to the department for purposes of the
18 reading recovery program shall not be used for the
19 administrative costs of the department.
20 Each area education agency shall employ at least
21 one person knowledgeable in reading recovery
22 techniques to assist school districts in incorporating
23 the reading recovery program into school district
24 curricula."
25 15. Page 8, by inserting before line 14 the
26 following:
27 " . REHABILITATING COMPUTERS FOR SCHOOLS AND
28 LIBRARIES
29 $ 50,000
30 . LOCAL ARTS COMPREHENSIVE EDUCATIONAL
31 STRATEGIES PROGRAM (LACES)
32 $ 50,000
33 . COMMUNITY COLLEGE GOVERNANCE STUDY
34 For purposes of studying the community college
35 governance structure as provided in this subsection:
36 $ 20,000
37 a. The department shall establish a steering
38 committee whose voting members shall include the
39 director of the department of education, a
40 representative from the Iowa association of community
41 college trustees, a representative from the Iowa
42 association of community college presidents, and two
43 persons representing the general public appointed by
44 the state board of education. Nonvoting, ex officio
45 members of the steering committee shall include a
46 representative from the legislative fiscal bureau and
47 the legislative service bureau. The steering
48 committee shall select a chairperson from among the
49 members appointed by the state board of education.
50 b. The steering committee shall define the charge
Page 3
1 of the study. However, the study shall include, but
2 is not limited to, all of the following:
3 (1) A review of the existing community college
4 governance structure including relationships between
5 the community colleges, the Iowa association of
6 community college trustees, the Iowa association of
7 community college presidents, the state board of
8 education, the department of education, local school
9 districts, and other postsecondary institutions in
10 this state.
11 (2) An analysis of the strengths and weaknesses of
12 the current governance structure.
13 (3) Proposals for at least three governance
14 structures, one of which shall include only minimal,
15 but necessary, changes in the current governance
16 structure. However, proposals shall be based upon the
17 assumption that the board of directors for each
18 community college shall remain unchanged due to
19 property tax and local representation concerns. Each
20 proposal shall include an analysis of the advantages
21 and disadvantages of each alternative governance
22 structure.
23 c. The steering committee shall contract with a
24 person to conduct the study of the community college
25 governance structure.
26 d. The steering committee shall submit its
27 findings and recommendations to the general assembly
28 by December 31, 1997."
29 16. By striking page 8, line 21, through page 9,
30 line 3, and inserting the following:
31 " $ 130,487,051
32 The funds appropriated in this subsection shall be
33 allocated as follows:
34 a. Merged Area I $ 6,232,003
35 b. Merged Area II $ 7,348,515
36 c. Merged Area III $ 6,938,937
37 d. Merged Area IV $ 3,380,604
38 e. Merged Area V $ 7,071,116
39 f. Merged Area VI $ 6,552,805
40 g. Merged Area VII $ 9,347,407
41 h. Merged Area IX $ 11,460,931
42 i. Merged Area X $ 17,789,061
43 j. Merged Area XI $ 19,004,903
44 k. Merged Area XII $ 7,548,672
45 l. Merged Area XIII $ 7,720,702
46 m. Merged Area XIV $ 3,424,483
47 n. Merged Area XV $ 10,681,583
48 o. Merged Area XVI $ 5,985,329"
49 17. Page 9, by striking lines 18 through 28 and
50 inserting the following:
Page 4
1 "Sec. ___. LIBRARY COOPERATION PLAN OF ACTION TASK
2 FORCE. The department of education shall coordinate a
3 library cooperation plan of action task force. The
4 task force shall consist of the following members:
5 1. The director of the library science department
6 at an institution of higher learning under the control
7 of the state board of regents that offers doctorates
8 in library science. The director shall be the
9 chairperson of the task force.
10 2. The director of the department of education or
11 the director's designee.
12 3. The state librarian.
13 4. A member of the state board of regents who
14 shall be appointed by the chairperson of the state
15 board of regents.
16 5. A representative from the Iowa association of
17 independent colleges and universities.
18 6. A representative from the Iowa hospital
19 association.
20 7. Three representatives from the Iowa library
21 association, one of which shall represent a library
22 that serves a population of fifty thousand or more;
23 one of which shall represent a library that serves a
24 population that is greater than two thousand five
25 hundred but less than fifty thousand; and one of which
26 shall represent a library that serves a population of
27 two thousand five hundred or less.
28 8. A librarian employed by a school district who
29 shall be appointed by the director of the department
30 of education.
31 The task force shall study options for and design a
32 plan of cooperation between all libraries, public and
33 private, within the state. The task force is
34 encouraged to be creative in terms of funding and
35 redesigning the current system of public and private
36 libraries, including, but not limited to, a study of
37 the feasibility of cohabitation by school district
38 libraries and public libraries. Every effort shall be
39 made to develop a plan for cooperation at the existing
40 level of state funding for libraries. The task force
41 shall also examine library cooperation efforts in
42 other states. The task force shall make
43 recommendations to the general assembly by December 1,
44 1997."
45 18. Page 10, line 4, by striking the figure
46 "1,165,525" and inserting the following: "1,090,525".
47 19. Page 10, line 5, by striking the figure
48 "15.63" and inserting the following: "14.63".
49 20. Page 15, line 18, by striking the figure
50 "169,658,402" and inserting the following:
Page 5
1 "169,346,402".
2 21. Page 16, by inserting after line 17 the
3 following:
4 " . Institute for public leadership
5 $ 40,000"
6 22. Page 16, line 23, by striking the figure
7 "75,357,005" and inserting the following:
8 "75,423,005".
9 23. Page 16, line 34, by striking the figure
10 "6,985,267" and inserting the following: "6,935,267".
11 24. Page 17, line 5, by striking the figure
12 "3,900,000" and inserting the following: "3,864,065".
13 25. Page 21, line 4, by striking the words "The
14 institution" and inserting the following: "The
15 university of Iowa".
16 26. Page 21, by inserting after line 18 the
17 following:
18 "Sec. ___. ADDITIONAL FUNDING FOR PROGRAMS FOR AT-
19 RISK CHILDREN. In addition to the funds appropriated
20 in section 279.51, subsection 1, there is appropriated
21 from the general fund of the state to the department
22 of education for the fiscal year beginning July 1,
23 1997, and ending June 30, 1998, the amount of $250,000
24 to be allocated to the child development coordinating
25 council established in chapter 256A for the purposes
26 set out in section 279.51, subsection 2, and section
27 256A.3."
28 27. Page 21, by inserting before line 19 the
29 following:
30 "Sec. ___. Section 257A.8, Code 1997, is amended
31 to read as follows:
32 257A.8 ADMINISTRATIVE ACTIVITIES.
33 The administrative functions of the foundation
34 shall be performed by the department of education
35 university of northern Iowa. The foundation office
36 shall be located in on the department of
education
37 offices campus of the university of northern Iowa.
38 Sec. ___. Section 257B.1A, Code 1997, is amended
39 by striking the section and inserting in lieu thereof
40 the following:
41 257B.1A INTEREST FOR IOWA SCHOOLS FUND - TRANSFER
42 OF INTEREST.
43 1. The interest for Iowa schools fund is
44 established in the office of the treasurer of state.
45 The department of revenue and finance shall deposit
46 interest earned on the permanent school fund in the
47 interest for Iowa schools fund. Of the interest
48 deposited in the interest for Iowa schools fund each
49 year, fifty percent shall be transferred to the first
50 in the nation in education foundation as established
Page 6
1 in section 257A.1 and fifty percent shall be
2 transferred to the international center for gifted and
3 talented education endowment fund established in
4 section 263.8A. The department of revenue and finance
5 shall transfer interest as provided in this section on
6 a quarterly basis. As a condition of receiving funds
7 under this section, the foundation and the center
8 shall maintain and continue to increase the balances
9 of their private foundations. In addition, the
10 foundation and the center shall each certify to the
11 department of revenue and finance and the general
12 assembly, by January 1 of each year, the cumulative
13 total value of contributions received during the
14 preceding calendar year.
15 2. If the general assembly appropriates funds to
16 the international center endowment fund in the amount
17 of not less than eight hundred seventy-five thousand
18 dollars prior to July 1, 1998, the center's interest
19 allocation shall decrease to twenty-five percent. If
20 the general assembly appropriates funds to the
21 international center endowment fund in an amount of
22 not less than one million five hundred fifty thousand
23 dollars, the center shall no longer receive an
24 interest allocation.
25 3. The foundation and the center shall use for
26 administrative costs not more than twenty-five percent
27 of any moneys received annually pursuant to this
28 section."
29 28. Page 21, by striking lines 19 through 35.
30 29. Page 22, by inserting before line 1 the
31 following:
32 "Sec. 201. Section 260C.14, Code 1997, is amended
33 by adding the following new subsection:
34 NEW SUBSECTION. 2A. Cause to be printed on all
35 statements of account for payment of tuition and fees
36 issued by the community college the portion of the
37 average cost of an Iowa resident student's education
38 at that community college that is paid by
39 appropriations from the general fund of the state.
40 The information, rounded to the nearest one-tenth of
41 one percent and the nearest whole dollar, shall be
42 included in the following statement:
43 "Tuition pays for approximately ____% of the
44 average cost for a resident Iowa student at this
45 community college. The State of Iowa pays
46 approximately $____ of the average cost for a full-
47 time state resident student at this community
48 college.""
49 30. By striking page 23, line 34, through page
50 25, line 31.
Page 7
1 31. Page 26, by inserting after line 9 the
2 following:
3 "Sec. 202. Section 262.9, Code 1997, is amended by
4 adding the following new subsection:
5 NEW SUBSECTION. 30. Cause to be printed on all
6 statements of account for payment of tuition and fees
7 issued by each institution of higher learning under
8 the control of the board the portion of the average
9 cost of an Iowa resident student's education at the
10 institution issuing the statement that is paid by
11 appropriations from the general fund of the state.
12 The information, rounded to the nearest one-tenth of
13 one percent and the nearest whole dollar, shall be
14 included in the following statement:
15 "Tuition pays for approximately ____% of the
16 average cost for a resident Iowa student at this
17 institution of higher learning. The State of Iowa
18 pays approximately $____ of the average cost for a
19 full-time state resident student at this institution
20 of higher learning.""
21 32. Page 26, by inserting before line 10 the
22 following:
23 "Sec. ___. Section 294A.25, subsection 4, Code
24 1997, is amended by striking the subsection.
25 Sec. ___. Section 294A.25, Code 1997, is amended
26 by adding the following new subsection:
27 NEW SUBSECTION. 4A. For the fiscal year beginning
28 July 1, 1997, and ending June 30, 1998, the amount of
29 fifty thousand dollars to be paid to the department of
30 education for participation in a state and national
31 project, the national assessment of education
32 progress, to determine the academic achievement of
33 Iowa students in math, reading, science, United States
34 history, or geography."
35 33. Page 26, by striking lines 10 and 11 and
36 inserting the following:
37 "Sec. ___. Section 294A.25, subsection 7, Code
38 1997, is amended to read as follows:"
39 34. Page 26, by striking lines 18 through 26.
40 35. Page 26, by inserting before line 27 the
41 following:
42 "Sec. ___. Section 303.3, subsection 3, Code 1997,
43 is amended by striking the subsection and inserting in
44 lieu thereof the following:
45 3. Notwithstanding section 8.33, moneys committed
46 to grantees under this section that remain
47 unencumbered or unobligated on June 30 of the fiscal
48 year for which the funds were appropriated shall not
49 revert but shall be available for expenditure for the
50 following fiscal year for the purposes of subsection
Page 8
1 2."
2 36. Page 27, line 13, by striking the words "area
3 education agencies" and inserting the following:
4 "school districts".
5 37. Page 27, by striking lines 16 through 18.
6 38. Page 27, by inserting after line 23 the
7 following:
8 "Sec. ___. Chapter 303C, Code 1997, is repealed."
9 39. Page 28, by inserting after line 9 the
10 following:
11 "Sec. ___. EFFECTIVE DATE. Sections 201 and 202
12 of this Act, relating to statements of account, being
13 deemed of immediate importance, take effect upon
14 enactment."
15 40. By renumbering, relettering, and
16 redesignating as necessary.
Grundberg of Polk rose on a point of order that the committee
amendment H-1866 was not germane.
The Speaker ruled the point well taken and amendment H-1866 not
germane.
Grundberg of Polk asked for unanimous consent to suspend the
rules to consider the committee amendment H-1866.
Objection was raised.
Grundberg of Polk moved to suspend the rules to consider
amendment H-1866.
A non-record roll call was requested.
The ayes were 51, nays 46.
The motion prevailed and the rules were suspended.
Division of the committee amendment H-1866 was requested as
follows:
Page 1 - Line 3, lines 6 through 28, lines 31 through 38,
Division A; Lines 4 and 5, Division B; Lines 29 and 30, Division
C; Lines 39 through 50, Division D.
Page 2 - Lines 1 through 50, Division A.
Page 3 - Lines 1 through 28, Division A; Lines 29 through 48,
Division E; Lines 49 and 50, Division A.
Page 4 - Lines 1 through 44, Division A; Lines 45 through 48,
Division F; Lines 49 and 50, Division G.
Page 5 - Line 1, Division G; Lines 2 through 8, Division A;
Lines 9 through 12, Division H; Lines 13 through 15, Division A;
Lines 16 through 27, Division I; Lines 28 through 50, Division A.
Page 6 - Lines 1 through 28, Division A; Line 29, Division J;
Lines 30 through 48, Division K; Lines 49 and 50, Division L.
Page 7 - Lines 1 through 20, Division K; Lines 21 through 50,
Division A.
Page 8 - Lines 1 through 8, Division A; Lines 9 through 14,
Division K.
Dinkla of Guthrie offered the following amendment H-1898, to the
committee amendment H-1866A, filed by Dinkla, Lamberti,
Churchill, Warnstadt, Myers and Murphy from the floor and moved
its adoption:
H-1898
1 Amend the amendment, H-1866, to Senate File 549, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by inserting after line 5 the
5 following:
6 " . Page 2, by striking lines 12 through 16 and
7 inserting the following:
8 "Sec. ___. Notwithstanding section 261.21, for the
9 fiscal year beginning July 1, 1997, and ending June
10 30, 1998, a national guard member who has not earned
11 college credit hours in an amount necessary to be
12 considered a junior or senior shall be given highest
13 priority for tuition aid under the national guard
14 tuition aid program.""
15 2. By renumbering as necessary.
Amendment H-1898, to the committee amendment H-1866A, was
adopted.
Barry of Harrison offered the following amendment H-1923, to the
committee amendment H-1866A, filed by Barry, Nelson, Mascher,
Brand, Vande Hoef, Carroll, Bradley, Lamberti, Heaton, Moreland,
Thomas, Hansen, Greiner and Frevert from the floor and moved its
adoption:
H-1923
1 Amend the amendment, H-1866, to Senate File 549, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by inserting after line 16 the
5 following:
6 " . Page 4, line 28, by striking the figure
7 "5,488,602" and inserting the following: "5,168,602".
8 . Page 4, line 29, by striking the figure
9 "95.95" and inserting the following: "90.45".
10 2. Page 3, by striking lines 31 through 48 and
11 inserting the following:
12 "" $ 130,807,051
13 The funds appropriated in this subsection shall be
14 allocated as follows:
15 a. Merged Area I $ 6,247,286
16 b. Merged Area II $ 7,366,536
17 c. Merged Area III $ 6,955,954
18 d. Merged Area IV $ 3,388,894
19 e. Merged Area V $ 7,088,457
20 f. Merged Area VI $ 6,568,875
21 g. Merged Area VII $ 9,370,330
22 h. Merged Area IX $ 11,489,037
23 i. Merged Area X $ 17,832,686
24 j. Merged Area XI $ 19,051,510
25 k. Merged Area XII $ 7,567,184
26 l. Merged Area XIII $ 7,739,636
27 m. Merged Area XIV $ 3,432,881
28 n. Merged Area XV $ 10,707,778
29 o. Merged Area XVI $ 6,000,007""
30 3. By renumbering as necessary.
Carroll of Poweshiek in the chair at 3:42 p.m.
Amendment H-1923, to the committee amendment H-1866A, was
adopted placing out of order amendment H-1928, filed from the
floor by Schrader of Marion.
Grundberg of Polk offered the following amendment H-1916, to the
committee amendment H-1866A, filed by her from the floor and
moved its adoption:
H-1916
1 Amend the amendment, H-1866, to Senate File 549, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking line 19 and inserting the
5 following:
6 ""The director of the department of education shall
7 convene a study committee during the 1997 legislative
8 interim consisting of the co-chairpersons of the joint
9 appropriations subcommittee on education; two members
10 of the governing board of the first in the nation in
11 education foundation, who shall be appointed by the
12 chairperson of the governing board; and the director
13 of the department of education. The study committee
14 shall do the following:
15 1. Study how to maintain the autonomy of the
16 foundation.
17 2. Develop strategies that allow the foundation's
18 funds to be invested in such a way as to increase the
19 interest earned.
20 3. Explore ways to enhance the research and
21 dissemination functions of the foundation.
22 4. Determine methods for reporting foundation
23 activities that impact Iowa education. The study
24 committee shall report its findings and
25 recommendations in a report to the general assembly by
26 October 1, 1997.
27 The department of education shall require the".
28 2. Page 2, line 20, by inserting after the word
29 "shall" the following: ", by June 30, 1998,".
30 3. Page 4, by striking lines 5 through 9 and
31 inserting the following:
32 "1. The director of an accredited program of
33 library science at an institution of higher learning
34 under the control of the state board of regents. The
35 director shall be the chairperson of the task force."
36 4. Page 4, by striking lines 31 through 44 and
37 inserting the following:
38 "The task force shall design an action plan with
39 the intent of promoting cooperation between all
40 libraries, public and private, within the state. The
41 task force shall utilize information gathered for the
42 1996 Iowa joint use library guide. The task force is
43 encouraged to be creative in terms of funding and
44 redesigning the current system of public and private
45 libraries, including, but not limited to, a study of
46 the feasibility of colocating school district
47 libraries and public libraries and potential pilot
48 projects. Every effort shall be made to develop a
49 plan for cooperation at the existing level of state
50 funding for libraries. The task force shall also
Page 2
1 examine library cooperation efforts within the state
2 and in other states. The task force shall make
3 recommendations to the general assembly by December 1,
4 1997.""
5 5. Page 5, by striking line 27 and inserting the
6 following: "256A.3.
7 Sec. ___. Section 19A.3, subsection 24, unnumbered
8 paragraph 2, Code 1997, is amended to read as follows:
9 The director of the department of personnel shall
10 negotiate agreements an agreement with the director
of
11 the department for the blind and with the director of
12 the department of education concerning the
13 applicability of the merit system to the professional
14 employees of their respective agencies the
department
15 for the blind.
16 Sec. ___. Section 256.10, Code 1997, is amended to
17 read as follows:
18 256.10 EMPLOYMENT OF PROFESSIONAL STAFF.
19 The salary of the director shall be fixed by the
20 governor within a range established by the general
21 assembly. Appointments to the professional staff of
22 the department shall be without reference to political
23 party affiliation, religious affiliation, sex, or
24 marital status, but shall be based solely upon
25 fitness, ability, and proper qualifications for the
26 particular position. The professional staff shall
27 serve at the discretion of the director. A member of
28 the professional staff shall not be dismissed for
29 cause without at least ninety days' notice, except in
30 cases of conviction of a felony or cases involving
31 moral turpitude appropriate due process procedures
32 including a hearing. In cases of procedure for
33 dismissal, the accused has the same right to notice
34 and hearing as teachers in the public school systems
35 as provided in section 279.27 to the extent that it is
36 applicable.""
37 6. Page 5, by striking lines 30 through 38 and
38 inserting the following:
39 "Sec. ___. Section 257B.1A, Code 1997, is
40 amended".
41 7. Page 8, by striking line 11 and inserting the
42 following:
43 ""Sec. ___. The section of this Act that amends
44 section 257B.1A applies to interest earned on or after
45 July 1, 1997.
46 Sec. ___. EFFECTIVE DATE. Sections 201 and 202".
Amendment H-1916, to the committee amendment H-1866A, was
adopted.
Mascher of Johnson offered the following amendment H-1899, to
the committee amendment H-1866A, filed by her and moved its
adoption:
H-1899
1 Amend the amendment, H-1866, to Senate File 549, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 2, by inserting after line 5 the
5 following:
6 " . Page 8, line 11, by striking the figure
7 "50,000" and inserting the following: "150,000"."
8 2. By renumbering as necessary.
Speaker Corbett in the chair at 3:58 p.m.
Amendment H-1899 lost.
Van Fossen of Scott asked and received unanimous consent that
amendment H-1915 be deferred.
Mascher of Johnson asked and received unanimous consent that
amendment H-1917 be deferred.
Millage of Scott asked and received unanimous consent to
withdraw amendment H-1924, to the committee amendment H-1866A,
filed by him from the floor.
Veenstra of Sioux asked and received unanimous consent to
withdraw amendment H-1896, to the committee amendment H-1866A,
filed by him on April 23, 1997.
Brand of Tama offered the following amendment H-1925, to the
committee amendment H-1866A, filed by him from the floor and
moved its adoption:
H-1925
1 Amend the amendment, H-1866, to Senate File 549 as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 7, line 24, by striking the word
5 "subsection." and inserting the following:
6 "subsection and inserting in lieu thereof the
7 following:
8 4. The amount of one hundred thousand dollars to
9 be paid to the department of education for
10 distribution to the tribal council of the Sac and Fox
11 Indian settlement located on land held in trust by the
12 secretary of the interior of the United States.
13 Moneys allocated under this subsection shall be used
14 to supplement, not supplant, federal funds and shall
15 be used to improve teacher salaries, implement school
16 innovation plans to improve student achievement,
17 increase staff development efforts to improve the
18 effectiveness of the school curriculum as designated
19 in chapter 294A, and for the purposes specified in
20 section 256.30. The department of education shall
21 adopt rules to ensure that moneys distributed under
22 this subsection are used in accordance with this
23 subsection."
Amendment H-1925 lost.
Van Fossen of Scott asked and received unanimous consent to
withdraw amendment H-1931, to the committee amendment H-1866A,
filed by Van Fossen, Bradley, Murphy, Kinzer, Boddicker, Martin,
Holmes, Nelson and Eddie from the floor.
Van Fossen of Scott asked and received unanimous consent to
withdraw amendment H-1915, to the committee amendment H-1866A,
filed by Van Fossen, Bradley, Murphy, Kinzer, Boddicker, Martin,
Holmes, Nelson and Eddie from the floor.
Mascher of Johnson asked and received unanimous consent that
amendment H-1917 be deferred.
Grundberg of Polk asked and received unanimous consent that the
committee amendment H-1866A be deferred.
Grundberg of Polk moved the adoption of the committee amendment
H-1866B.
Amendment H-1866B was adopted.
Grundberg of Polk moved the adoption of the committee amendment
H-1866C.
A non-record roll call was requested.
The ayes were 41, nays 32.
Amendment H-1866C was adopted.
Grundberg of Polk moved the adoption of the committee amendment
H-1866D.
A non-record roll call was requested.
The ayes were 41, nays 25.
Amendment H-1866D was adopted.
Grundberg of Polk moved the adoption of the committee amendment
H-1866E, as amended.
Amendment H-1866E, as amended, was adopted.
Grundberg of Polk moved the adoption of the committee amendment
H-1866F.
Amendment H-1866F was adopted.
Grundberg of Polk moved the adoption of the committee amendment
H-1866G.
A non-record roll call was requested.
The ayes were 40, nays 50.
Amendment H-1866G lost.
Grundberg of Polk moved the adoption of the committee amendment
H-1866H.
Amendment H-1866H was adopted.
Larson of Linn asked and received unanimous consent to withdraw
amendment H-1886 filed by him on April 23, 1997.
Mascher of Johnson offered amendment H-1911, to the committee
amendment H-1866I, filed by Mascher, et al., as follows:
H-1911
1 Amend the amendment, H-1866, to Senate File 549, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 5, line 27, by striking the figure
5 "256A.3."" and inserting the following: "256A.3.
6 Sec. 301. NEW SECTION. 257.13 ON-TIME FUNDING
7 FOR NEW STUDENTS.
8 1. If a district's actual enrollment for the
9 budget year, determined under section 257.6, is
10 greater than its budget enrollment for the budget
11 year, the district may submit a request to the school
12 budget review committee for on-time funding for new
13 students. The school budget review committee shall
14 consider the relative increase in enrollment on a
15 district-by-district basis, in determining whether to
16 approve the request, and shall determine the amount of
17 additional funding provided if the request is granted.
18 An application for on-time funding must be received by
19 the department of education by October 1. Written
20 notice of the committee's decision shall be given
21 through the department of education to the school
22 board for a district.
23 2. If the school budget review committee approves
24 a request for on-time funding for new students, the
25 funding shall be in an amount up to the product of
26 one-third of the district's regular program state cost
27 per pupil for the budget year multiplied by the
28 difference between the actual enrollment for the
29 budget year and the budget enrollment for the budget
30 year. The additional funding received under this
31 section is miscellaneous income to the district.
32 If a district receives on-time funding for new
33 students under this section for a budget year, the
34 department of management shall determine the amount of
35 this funding which would have been generated by local
36 property tax revenues if the actual enrollment for the
37 budget year had been used in determining state cost
38 for that budget year. The department of management
39 shall reduce, but not by more than the amount of the
40 on-time funding, the district's total state school
41 aids otherwise available under this chapter for the
42 next following budget year by the amount so
43 determined, and shall increase the district's
44 additional property tax levy for the next following
45 budget year by the amount necessary to compensate for
46 the reduction in state aid, so that the local property
47 tax for the next following year will be increased only
48 by the amount which it would have been increased in
49 the budget year if the enrollment calculated in this
50 section could have been used to establish the levy.
Page 2
1 3. There is appropriated each fiscal year from the
2 general fund of the state to the department of
3 education six million dollars to pay additional
4 funding authorized under this section, which shall be
5 paid to school districts in monthly installments
6 beginning on December 15 and ending on June 15 of a
7 budget year.
8 4. If the board of directors of a school district
9 determines that a need exists for additional funds
10 exceeding the amount provided in this section, a
11 request for supplemental aid based upon increased
12 enrollment may be submitted to the school budget
13 review committee as provided in section 257.31.""
14 2. Page 8, by striking line 11 and inserting the
15 following:
16 "Sec. ___. EFFECTIVE DATE. Section 301 of this
17 Act, relating to on-time funding for new students,
18 being deemed of immediate importance, takes effect
19 upon enactment for the purpose of computations
20 required for payment of state aid to and levying of
21 property taxes by school districts for budget years
22 beginning on or after July 1, 1997. This Act remains
23 in effect until the repeal of chapter 257 on July 1,
24 2001.
25 Sec. ___. EFFECTIVE DATE. Sections 201 and 202".
Millage of Scott rose on a point of order that amendment H-1911,
to the committee amendment H-1866I, was not germane.
The Speaker ruled the point well taken and amendment H-1911 not
germane.
Mascher of Johnson asked for unanimous consent to suspend the
rules to consider amendment H-1911 to committee amendment
H-1866I.
Objection was raised.
Mascher of Johnson moved to suspend the rules to consider
amendment H-1911 to committee amendment H-1866I.
Roll call was requested by Mascher of Johnson and Siegrist of
Pottawattamie
Rule 75 was invoked.
On the question "Shall the rules be suspended to consider
amendment H-1911, to the committee amendment H-1866I?" (S.F. 549)
The ayes were, 47:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Doderer Dotzler
Falck Fallon Foege Ford
Frevert Holveck Huser Jochum
Kinzer Koenigs Kreiman Larkin
Lord Mascher May Mertz
Moreland Mundie Murphy Myers
O'Brien Osterhaus Reynolds-Knight Richardson
Scherrman Schrader Shoultz Taylor
Thomas Thomson Warnstadt Weigel
Whitead Wise Witt
The nays were, 53:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Churchill Cormack Dinkla
Dix Dolecheck Drake Drees
Eddie Garman Gipp Greig
Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Houser
Huseman Jacobs Jenkins Klemme
Kremer Lamberti Larson Martin
Metcalf Meyer Millage Nelson
Rants Rayhons Siegrist Sukup
Teig Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Weidman Welter
Mr. Speaker
Corbett
Absent or not voting, none.
The motion to suspend the rules lost.
Mascher of Johnson offered the following amendment H-1900, to
the committee amendment H-1866I, filed by her and moved its
adoption:
H-1900
1 Amend the amendment, H-1866, to Senate File 549, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 5, by striking line 27, and inserting the
5 following: "256A.3.
6 Sec. ___. Section 256.11, Code 1997, is amended by
7 adding the following new subsection:
8 NEW SUBSECTION. 9. Unless a waiver has been
9 obtained under section 256.11A, each school or school
10 district shall have all of the following:
11 a. A media center in each attendance center
12 accessible to students throughout the school day.
13 b. A qualified school media specialist who shall
14 meet the licensing standards prescribed by the board
15 of educational examiners and be responsible for media
16 center supervision.
17 c. An articulated sequential elementary-secondary
18 guidance program for grades kindergarten through
19 twelve. The guidance counselor shall meet the
20 licensing standards prescribed by the board of
21 educational examiners.
22 In determining the requirements of this subsection
23 for nonpublic schools, the department shall evaluate
24 the schools on a school system basis rather than on an
25 individual school basis.
26 Sec. ___. Section 256.11A, subsections 1 and 2,
27 Code 1997, are amended to read as follows:
28 1. Schools and school districts unable to meet the
29 standard adopted by the state board requiring each
30 school or school district operating a kindergarten
31 through grade twelve program to provide an articulated
32 sequential elementary-secondary guidance program may,
33 not later than August 1, 1995 1997, for the school
34 year beginning July 1, 1995 1997, file a written
35 request to the department of education that the
36 department waive the requirement, for established
in
37 section 256.11, subsection 9, paragraph "c", that a
38 school or school district operating a kindergarten
39 through grade twelve program, provide an articulated
40 sequential elementary-secondary guidance program. The
41 procedures specified in subsection 3 apply to the
42 request. Not later than August 1, 1996 1998, for
the
43 school year beginning July 1, 1996 1998, the board
of
44 directors of a school district or the authorities in
45 charge of a nonpublic school may request a one-year
46 extension of the waiver.
47 2. Not later than August 1, 1995 1997, for the
48 school year beginning July 1, 1995 1997, the board
of
49 directors of a school district, or authorities in
50 charge of a nonpublic school, may file a written
Page 2
1 request with the department of education that the
2 department waive the rule adopted by the state board
3 to establish and operate the requirements
established
4 under section 256.11, subsection 9, paragraphs "a" and
5 "b", for a media services specialist and a media
6 services program to support the total curriculum for
7 that district or school center. The procedures
8 specified in subsection 3 apply to the request. Not
9 later than August 1, 1996 1998, for the school year
10 beginning July 1, 1996 1998, the board of directors
of
11 a school district or the authorities in charge of a
12 nonpublic school may request an additional one-year
13 extension of the waiver.""
14 2. Page 8, by inserting after line 14 the
15 following:
16 " . Title page, line 1, by inserting after the
17 words "relating to" the following: "the requirement
18 that accredited schools provide media services
19 programs and articulated sequential elementary-
20 secondary guidance programs, and to"".
21 3. By renumbering as necessary.
Rants of Woodbury in the chair at 4:58 p.m.
Grundberg of Polk rose on a point of order that amendment
H-1900, to committee amendment H-1866I was not germane.
The Speaker ruled the point well taken and amendment H-1900 not
germane.
Mascher of Johnson asked for unanimous consent to suspend the
rules to consider amendment H-1900.
Objection was raised.
Mascher of Johnson moved to suspend the rules to consider
amendment H-1900.
A non-record roll call was requested.
The ayes were 42, nays 48.
The motion to suspend the rules lost.
Scherrman of Dubuque offered amendment H-1918, to the committee
amendment H-1866I, filed by him from the floor as follows:
H-1918
1 Amend the amendment, H-1866, to Senate File 549, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 5, by striking line 27 and inserting the
5 following: "256A.3.
6 Sec. ___. NEW SECTION. 257.50 TRANSPORTATION
7 ASSISTANCE AID TO DISTRICTS.
8 1. The department shall pay transportation
9 assistance aid to a school district from funds
10 appropriated in this section to school districts whose
11 average transportation costs per pupil exceed one
12 hundred twenty-five percent of the state average
13 transportation costs per pupil determined under
14 subsection 2.
15 2. A district's average transportation costs per
16 pupil shall be determined by dividing the district's
17 actual cost for all children transported in all school
18 buses for a school year pursuant to section 285.1,
19 subsection 12, by the district's actual enrollment for
20 the school year, as defined in section 257.6. The
21 state average transportation costs per pupil shall be
22 determined by dividing the total actual costs for all
23 children transported in all districts for a school
24 year, by the total of all districts' actual
25 enrollments for the school year.
26 3. A school district shall annually certify its
27 actual cost for all children transported in all school
28 buses by July 15 after each school year on forms
29 prescribed by the department of education.
30 4. If a school district's average transportation
31 costs per pupil are greater than one hundred twenty-
32 five percent of the state average transportation costs
33 per pupil, the department of education shall pay
34 transportation assistance aid equal to the amount of
35 the difference multiplied by the district's actual
36 enrollment for the school year.
37 5. There is appropriated from the general fund of
38 the state to the department of education, for each
39 fiscal year, an amount necessary to pay transportation
40 assistance aid pursuant to this section.
41 Transportation assistance aid is miscellaneous income
42 for purposes of chapter 257.""
43 2. By renumbering as necessary.
Grundberg of Polk rose on a point of order that amendment
H-1918, to committee amendment H-1866I was not germane.
The Speaker ruled the point well taken and amendment H-1918 not
germane.
Scherrman of Dubuque asked for unanimous consent to suspend the
rules to consider amendment H-1918.
Objection was raised.
Scherrman of Dubuque moved to suspend the rules to consider
amendment H-1918.
Roll call was requested by Scherrman of Dubuque and Weigel of
Chickasaw.
Rule 75 was invoked.
On the question "Shall the rules be suspended to consider
amendment H-1918, to the committee amendment H-1866I?" (S.F. 549)
The ayes were, 48:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo Cohoon
Connors Doderer Dolecheck 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 Welter
Whitead Wise Witt
The nays were, 51:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Churchill Corbett, Spkr. Cormack
Dinkla Dix 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 Teig
Thomson Tyrrell Van Maanen Vande
Hoef Veenstra Weidman Rants,
Presiding
Absent or not voting, 1:
Van Fossen
The motion to suspend the rules lost.
Thomas of Clayton offered the following amendment H-1933, to the
committee amendment H-1866I, filed by him from the floor and
moved its adoption:
H-1933
1 Amend the amendment, H-1866, to Senate File 549, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 5, by striking line 27 and inserting the
5 following: "256A.3.
6 Sec. 200. Section 256.9, Code 1997, is amended by
7 adding the following new subsection:
8 NEW SUBSECTION. 49. Calculate, every two years,
9 for purposes of the statement of account requirement
10 of section 260C.14, subsection 2A, the average cost of
11 an Iowa resident student's education at a community
12 college and shall also calculate the average amount by
13 which state moneys subsidize the average state
14 resident student's tuition costs at a community
15 college.""
16 2. Page 6, line 34, by inserting after the word
17 "be" the following: "prominently".
18 3. Page 6, line 38, by inserting after the word
19 "by" the following: "tuition and the amount paid by".
20 4. Page 6, line 39, by inserting after the word
21 "state" the following: "based upon calculations made
22 by the department of education as required under
23 section 256.9, subsection 49".
24 5. Page 6, line 44, by striking the word "this"
25 and inserting the following: "a state".
26 6. Page 6, line 47, by striking the word "at
27 this" and inserting the following: "attending a
28 state".
29 7. Page 8, line 11, by inserting after the word
30 "Sections" the following: "200,".
31 8. Page 8, line 14, by inserting after the word
32 "enactment" the following: "and apply to statements
33 of account issued after January 1, 1998".
Amendment H-1933 lost.
Grundberg of Polk moved the adoption of the committee amendment
H-1866I.
Roll call was requested by Murphy of Dubuque and Schrader of
Marion.
On the question "Shall the committee amendment H-1866I be
adopted?" (S.F. 549)
The ayes were, 94:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
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 Holveck Houser
Huseman Huser Jacobs Jenkins
Jochum Kinzer Koenigs Kreiman
Kremer Lamberti Larkin Larson
Lord Mascher May Mertz
Metcalf Meyer Millage Moreland Mundie
Murphy Myers Nelson O'Brien
Osterhaus Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Teig
Thomas Thomson Tyrrell Van Fossen
Van Maanen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Rants,
Presiding
The nays were, none.
Absent or not voting, 6:
Brand Brauns Holmes Klemme
Martin Taylor
The committee amendment H-1866I was adopted.
The House resumed consideration of the committee amendment
H-1866J.
Barry of Harrison asked and received unanimous consent to
withdraw amendment H-1912, to the committee amendment H-1866J,
filed by her from the floor.
Grundberg of Polk moved the adoption of the committee amendment
H-1866J.
Roll call was requested by Murphy of Dubuque and Mascher of
Johnson.
On the question "Shall amendment H-1866J be adopted?" (S.F. 549)
The ayes were, 52:
Barry Blodgett Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Churchill Corbett, Spkr. Cormack Dinkla
Dix 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 Teig
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Weidman Welter
Rants,
Presiding
The nays were, 47:
Arnold 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
Absent or not voting, 1:
Dolecheck
The committee amendment H-1866J was adopted.
The House resumed consideration of the committee amendment
H-1866K.
Mascher of Johnson offered the following amendment H-1932, to
the committee amendment H-1866K, filed by her from the floor and
moved its adoption:
H-1932
1 Amend the amendment, H-1866, to Senate File 549, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 6, by inserting after line 48 the
5 following:
6 " . Page 22, by inserting after line 21 the
7 following:
8 "Sec. 204. Section 261.9, subsection 1, Code 1997,
9 is amended by adding the following new paragraph:
10 NEW PARAGRAPH. i. Which calculates, every two
11 years, the average cost of an Iowa resident student's
12 education at an accredited private institution in this
13 state and also calculates the average amount by which
14 state moneys subsidize the average state resident
15 student's tuition costs. Calculations shall be made
16 in consultation with the commission. The institution
17 shall cause to be prominently printed on all
18 statements of account for payment of tuition and fees
19 issued by the institution, the portion of the average
20 cost of a resident student's education at an
21 accredited private institution in this state that is
22 paid by tuition and fees, and the amount paid by
23 appropriations from the general fund of the state.
24 The information, rounded to the nearest one-tenth of
25 one percent and the nearest whole dollar, shall be
26 included in the following statement:
27 "Tuition pays for approximately ____% of the
28 average cost for a resident Iowa student at an
29 accredited private institution located in this state.
30 The state of Iowa pays approximately $____ of the
31 average cost for a full-time state resident student at
32 an accredited private institution located in this
33 state."""
34 2. Page 8, by striking line 14 and inserting the
35 following: "enactment.
36 Sec. ___. Section 204 of this Act, amending
37 section 261.9, being deemed of immediate importance,
38 takes effect upon enactment and applies to statements
39 of account issued after January 1, 1998.""
40 3. By renumbering, relettering, and redesignating
41 as necessary.
Amendment H-1932 lost.
Wise of Lee offered amendment H-1910, to the committee
amendment H-1866K, filed by Wise, et al., as follows:
H-1910
1 Amend the amendment, H-1866, to Senate File 549, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 7, line 20, by striking the word
5 "learning.""" and inserting the following: "learning.
6 Sec. ___. Section 279.51, subsection 1, unnumbered
7 paragraph 1, Code 1997, is amended to read as follows:
8 There is appropriated from the general fund of the
9 state to the department of education for the fiscal
10 year beginning July 1, 1996 1997, and each
succeeding
11 fiscal year, the sum of fourteen seventeen million
12 five hundred twenty thousand dollars.
13 Sec. ___. Section 279.51, subsection 1, Code 1997,
14 is amended by adding the following new paragraph:
15 NEW PARAGRAPH. g. For the fiscal year beginning
16 July 1, 1997, and for each fiscal year thereafter, two
17 million five hundred thousand dollars of the funds
18 appropriated shall be allocated for the alternative
19 education program established in subsection 4A.
20 Sec. ___. Section 279.51, Code 1997, is amended by
21 adding the following new subsection:
22 NEW SUBSECTION. 4A. a. An alternative education
23 program is established to provide four-year
24 competitive demonstration grants to school districts
25 that demonstrate the greatest need for, and ability to
26 provide for, the establishment of innovative
27 alternative education programs for habitually
28 disruptive, absent or truant, at-risk students. The
29 department of education, in consultation with the
30 department of human services, the Iowa department of
31 public health, the division of criminal and juvenile
32 justice planning of the department of human rights,
33 and institutions of higher learning with applicable
34 programs, shall develop a four-year demonstration
35 grant program that commences in the fiscal year
36 beginning July 1, 1997.
37 b. The department shall provide grants to
38 individual public schools or to a consortia of public
39 schools within a school district to establish
40 innovative alternative education programs for youths
41 age twelve and older, who meet the criteria listed in
42 paragraph "a". The programs shall be established in
43 conjunction with local agencies and community
44 organizations, based upon program plans filed by the
45 board of directors of the school district. The
46 department shall provide grants to establish model
47 programs in one each at least, of the following size
48 categories:
49 (1) A school district with an enrollment of less
50 than one thousand two hundred.
Page 2
1 (2) A school district with an enrollment of one
2 thousand two hundred to four thousand nine hundred
3 ninety-nine.
4 (3) A school district with an enrollment of at
5 least five thousand.
6 c. Priority shall be weighted toward need within a
7 school or school district and shall be given to
8 schools whose plans indicate a high degree of active
9 participation by community-based youth organizations
10 and agencies, and to schools with student populations
11 characterized by high rates of the following:
12 students expelled or suspended; school dropout and
13 absenteeism; juvenile court involvement; family
14 conflict; and child and youth mental health, substance
15 abuse, and other health problems. The department
16 shall develop an evaluation process for the approved
17 projects designed to investigate program effectiveness
18 in reducing these rates and restoring the student to
19 the regular education program. In developing the
20 evaluation process, the department shall consult with
21 the department of human services, the Iowa department
22 of public health, the division of criminal and
23 juvenile justice planning of the department of human
24 rights, and institutions of higher learning with
25 applicable programs.
26 d. A plan submitted pursuant to this subsection
27 shall address the academic curriculum and provide for,
28 at a minimum, basic academic skills development and
29 social remediation necessary to restore the student to
30 the regular education program; self-discipline and
31 responsibility; family interaction opportunities;
32 personal skills development; and shall include a
33 program evaluation component.
34 e. Grants for the program shall not be used to
35 construct a new facility or to renovate an existing
36 structure.
37 f. A plan submitted pursuant to this subsection
38 shall require a contribution of at least twenty
39 percent of the total costs of the program, which can
40 include "in-kind" services. The budget for a proposed
41 program shall not exceed two hundred thousand dollars
42 per year.""
Speaker Corbett in the chair at 5:38 p.m.
Grundberg of Polk rose on a point of order that amendment
H-1910, to the committee amendment H-1866K, was not germane.
The Speaker ruled the point well taken and amendment H-1910 not
germane.
Wise of Lee moved to suspend the rules to consider amendment
H-1910.
Roll call was requested by Mascher of Johnson and Schrader of
Marion.
Rule 75 was invoked.
On the question "Shall the rules be suspended to consider
amendment H-1910, to the committee amendment H-1866K?" (S.F. 549)
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, 54:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst Carroll
Churchill 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 Teig
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Weidman Welter
Mr. Speaker
Corbett
Absent or not voting, none.
The motion to suspend the rules lost.
Wise of Lee offered amendment H-1909, to the committee amendment
H-1866K, filed by Wise, et al., as follows:
H-1909
1 Amend the amendment, H-1866, to Senate File 549, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 7, by striking line 20 and inserting the
5 following: "of higher learning.
6 Sec. ___. NEW SECTION. 279.59 CLASS SIZE
7 REDUCTION PROGRAM.
8 1. There is established a class size reduction
9 program to provide additional funds for school
10 districts that develop a class size reduction plan.
11 To be eligible for a class size reduction payment as
12 provided in this section, a school district shall
13 submit annually by April 15 to the department of
14 education a plan which includes, at a minimum, the
15 goals of reducing class size in grades one through
16 three and instituting professional development to
17 assist teachers in teaching challenging curricula more
18 effectively, the methods by which the district shall
19 achieve those goals, and a process for engaging
20 parents, teachers, school administrators, and students
21 in the shared goal of raising student achievement
22 levels. In addition, the plan shall provide for
23 methods for measuring student achievement and
24 progress.
25 2. a. There is appropriated from the general fund
26 of the state to the department of education for the
27 fiscal year beginning July 1, 1997, and ending June
28 30, 1998, the sum of seven million five hundred
29 thousand dollars to be used to fund school districts
30 that meet the requirements of subsection 1 and which
31 limit the district's self-contained grade one
32 classroom sizes to an average student-to-teacher ratio
33 of not more than twenty students to one teacher, or
34 the equivalent, in a school that utilizes team
35 teaching methods.
36 b. There is appropriated from the general fund of
37 the state to the department of education for the
38 fiscal year beginning July 1, 1998, and ending June
39 30, 1999, the sum of fifteen million dollars to be
40 used to fund school districts that meet the
41 requirements of subsection 1 and which limit the self-
42 contained grade one and grade two classroom sizes to
43 an average student-to-teacher ratio of not more than
44 twenty students to one teacher, or the equivalent, in
45 a school that utilizes team teaching methods.
46 c. There is appropriated from the general fund of
47 the state to the department of education for the
48 fiscal year beginning July 1, 1999, and ending June
49 30, 2000, and for succeeding years, the sum of twenty-
50 two million five hundred thousand dollars to be used
Page 2
1 to fund school districts that meet the requirements of
2 subsection 1 and which limit the self-contained
3 classroom sizes in grades one through three to an
4 average student-to-teacher ratio of not more than
5 twenty students to one teacher, or the equivalent, in
6 a school that utilizes team teaching methods.
7 3. From the moneys appropriated in subsection 2
8 for each fiscal year in which moneys are appropriated,
9 the amount of moneys allocated to school districts
10 shall be in the proportion that the basic enrollment
11 for the budget year of the grade level in the district
12 for which the moneys are appropriated bears to the sum
13 of the basic enrollments for the budget year of the
14 grade level of all school districts in the state
15 qualifying for moneys under subsection 1 for the
16 budget year, as basic enrollment and budget year are
17 defined in chapter 257.
18 4. For each year in which an appropriation is made
19 to the class size reduction program, the department of
20 education shall notify the department of revenue and
21 finance of the amount to be paid to each school
22 district based upon the distribution plan set forth
23 for the appropriation made pursuant to this section.
24 The allocation to each school district under this
25 section shall be made in one payment on or about
26 October 1 of the fiscal year for which the
27 appropriation is made, taking into consideration the
28 relative budget and cash position of the state
29 resources. Prior to the receipt of funds, school
30 districts shall submit to the department of education
31 the plan developed in accordance with subsection 1 and
32 that funds received under this section shall be used
33 in accordance with the required class size reduction
34 plan.
35 5. Moneys received under this section shall not be
36 commingled with state aid payments made to a school
37 district under section 257.16 and shall be accounted
38 for by the local school district separately from state
39 aid payments.
40 6. Payments made to school districts under this
41 section are miscellaneous income for purposes of
42 chapter 257 or are considered encumbered. Each local
43 school district shall maintain a separate listing for
44 payments received and expenditures made pursuant to
45 this section.""
46 2. By renumbering as necessary.
Grundberg of Polk rose on a point of order that amendment
H-1909, to the committee amendment H-1866K, was not germane.
The Speaker ruled the point well taken and amendment H-1909 not
germane.
Wise of Lee moved to suspend the rules to consider amendment
H-1909.
Roll call was requested by Wise of Lee and Schrader of Marion.
On the question "Shall the rules be suspended to consider
amendment H-1909, to the committee amendment H-1866K?" (S.F. 549)
The ayes were, 47:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Garman 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 Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Churchill Cormack Dinkla
Dix Dolecheck Drake 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 Thomson
Tyrrell Van Fossen Van Maanen Veenstra
Weidman Welter Mr. Speaker
Corbett
Absent or not voting, 2:
Eddie Vande Hoef
The motion to suspend the rules lost.
Dotzler of Black Hawk offered the following amendment H-1922, to
the committee amendment H-1866K, filed by him from the floor and
moved its adoption:
H-1922
1 Amend the amendment, H-1866, to Senate File 549, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 7, by striking line 20 and inserting the
5 following: "of higher learning.
6 Sec. ___. Section 262.34, Code 1997, is amended by
7 adding the following new unnumbered paragraph:
8 NEW UNNUMBERED PARAGRAPH. Any bids solicited and
9 approved by the state board of regents or by
10 institutions under the control of the state board of
11 regents shall require compliance with the standards
12 set forth in the codes, regulations, or procedures
13 required for construction, electrical, and plumbing
14 projects by the city or county in which the project is
15 located. Apprentices retained for a project must be
16 registered with a state or federally approved
17 apprenticeship training school.""
18 2. By renumbering as necessary.
Grundberg of Polk rose on a point of order that amendment
H-1922, to the committee amendment H-1866K, was not germane.
The Speaker ruled the point well taken and amendment H-1922 not
germane.
Dotzler of Black Hawk asked for unanimous consent to suspend the
rules to consider amendment H-1922.
Objection was raised.
Dotzler of Black Hawk moved to suspend the rules to consider
amendment H-1922.
Roll call was requested by Dotzler of Black Hawk and Schrader of
Marion.
On the question "Shall the rules be suspended to consider
amendment H-1922, to the committee amendment H-1866K?" (S.F. 549)
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 Siegrist Taylor
Warnstadt Weigel Whitead Wise
Witt
The nays were, 49:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Churchill Cormack Dinkla
Dix Dolecheck Drake Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Holmes
Houser Huseman Jacobs Jenkins
Klemme Kremer Lamberti Lord Martin
Metcalf Meyer Millage Nelson
Rants Rayhons Sukup Teig
Thomson Tyrrell Van Maanen Vande
Hoef Veenstra Weidman Welter Mr.
Speaker
Corbett
Absent or not voting, 5:
Eddie Heaton Larson Thomas Van Fossen
The motion to suspend the rules lost.
Brunkhorst of Bremer asked and received unanimous consent to
withdraw amendment H-1920, to the committee amendment H-1866K,
filed by him from the floor.
Brunkhorst of Bremer offered amendment H-1929, to the committee
amendment H-1866K, filed by him from the floor and requested
division as follows:
H-1929
1 Amend the amendment, H-1866, to Senate File 549, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
H-1929A
4 1. Page 7, by striking lines 5 through 20 and
5 inserting the following:
6 "NEW SUBSECTION. 30. Calculate, every two years,
7 the average cost of an Iowa resident student's
8 education at an institution of higher learning under
9 the control of the board and shall also calculate the
10 average amount by which state moneys subsidize the
11 average state resident student's tuition costs. The
12 board shall cause to be prominently printed on all
13 statements of account for payment of tuition and fees
14 issued by each institution of higher learning under
15 the control of the board the portion of the average
16 cost of a resident student's education at a state
17 university that is paid by tuition and fees, and the
18 amount paid by appropriations from the general fund of
19 the state. The information, rounded to the nearest
20 one-tenth of one percent and the nearest whole dollar,
21 shall be included in the following statement:
22 "Tuition pays for approximately ____% of the
23 average cost for a resident Iowa student at a state
24 university. The state of Iowa pays approximately
25 $____ of the average cost for a full-time state
26 resident student at a state university."""
H-1929B
27 2. Page 8, line 14, by inserting after the word
28 "enactment" the following: "and apply to statements
29 of account issued after January 1, 1998".
30 3. By renumbering as necessary.
Brunkhorst of Bremer moved the adoption of amendment H-1929A, to
the committee amendment H-1866K.
Amendment H-1929A lost.
Brunkhorst of Bremer moved the adoption of amendment H-1929B, to
the committee amendment H-1866K.
Amendment H-1929B, to the committee amendment H-1866K, was
adopted.
Grundberg of Polk moved the adoption of the committee amendment
H-1866K, as amended.
The committee amendment H-1866K, as amended, was adopted.
Grundberg of Polk moved the adoption of the committee amendment
H-1866L.
Roll call was requested by Grundberg of Polk and Osterhaus of
Jackson.
On the question "Shall amendment H-1866L be adopted?" (S.F. 549)
The ayes were, 51:
Barry Blodgett Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Churchill Cormack Dinkla Dix
Dolecheck Drake Eddie Garman
Gipp Greig 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 Thomson
Tyrrell Van Maanen Vande Hoef Veenstra
Weidman Welter Mr. Speaker
Corbett
The nays were, 46:
Arnold 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 Thomas
Warnstadt Weigel Whitead Wise
Witt
Absent or not voting, 3:
Greiner Taylor Van Fossen
The committee amendment H-1866L was adopted.
The House resumed consideration of the committee amendment
H-1866A.
Van Fossen of Scott offered the following amendment H-1938, to
the committee amendment H-1866A, filed by him and Murphy of
Dubuque from the floor and moved its adoption:
H-1938
1 Amend the amendment, H-1866, to Senate File 549, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by inserting after line 5 the
5 following:
6 " . Page 2, by inserting after line 11 the
7 following:
8 " . CHIROPRACTIC GRADUATE STUDENT FORGIVABLE
9 LOAN PROGRAM
10 For purposes of providing forgivable loans under
11 the program established in section 261.71:
12 $ 70,000""
13 2. Page 1, by striking lines 8 and 9.
14 3. Page 2, by striking lines 33 through 36.
15 4. Page 2, line 37, by striking the word "a." and
16 inserting the following:
17 "Sec. ___. 1."
18 5. Page 2, line 50, by striking the word "b." and
19 inserting the following: "2."
20 6. Page 3, line 3, by striking the figure "(1)"
21 and inserting the following: "a."
22 7. Page 3, line 11, by striking the figure "(2)"
23 and inserting the following: "b."
24 8. Page 3, line 13, by striking the figure "(3)"
25 and inserting the following: "c."
26 9. Page 3, line 23, by striking the words "c."
27 and inserting the following: "3."
28 10. Page 3, line 26, by striking the word "d."
29 and inserting the following: "4."
30 11. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 36, nays 12.
Amendment H-1938, to the committee amendment H-1866A, was
adopted.
Grundberg of Polk offered the following amendment H-1934, to the
committee amendment H-1866A, filed by her from the floor and
moved its adoption:
H-1934
1 Amend the amendment, H-1866, to Senate File 549, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 4, by striking line 1 and inserting the
5 following:
6 ""Sec. ___. The general assembly finds and
7 declares that the new Iowa schools development
8 corporation was designed to be a broad-based coalition
9 of public and private educational entities to enhance
10 school improvement in this state.
11 Sec. ___. LIBRARY COOPERATION PLAN OF ACTION
12 TASK".
13 2. Page 7, line 39, by inserting after the word
14 and figure "through 26" the following: "and inserting
15 the following:
16 Sec. ___. Section 294A.25, subsection 8, Code
17 1997, is amended by striking the subsection and
18 inserting in lieu thereof the following:
19 8. For the fiscal year beginning July 1, 1997, and
20 ending June 30, 1998, to the department of education
21 from phase III moneys the amount of one million two
22 hundred fifty thousand dollars for school
23 transformation design and implementation projects. Of
24 the funds distributed pursuant to this subsection, up
25 to one million two hundred fifty thousand dollars
26 shall be transferred to the new Iowa schools
27 development corporation if the corporation provides a
28 one dollar match for every five dollars of state
29 financial assistance. The match may consist of cash
30 and in-kind support but shall not consist of receipts
31 from local school districts. The corporation shall
32 use the state financial assistance to aid local school
33 districts for school transformation design and
34 implementation projects. The department shall
35 distribute funds on a quarterly basis if the
36 corporation certifies quarterly to the department the
37 in-kind and cash contributions received. However, the
38 department shall distribute the first quarter funds on
39 July 1, 1997, based upon the corporation's current in-
40 kind match. The corporation shall submit an annual
41 financial report to the department of education and
42 the general assembly by January 1, 1998".
43 3. By renumbering, relettering, and redesignating
44 as necessary.
Amendment H-1934, to the committee amendment H-1866A, was
adopted.
Weigel of Chickasaw asked and received unanimous consent to
withdraw amendment H-1921, to the committee amendment H-1866A,
filed by him from the floor.
Mascher of Johnson asked and received unanimous consent to
withdraw amendment H-1917, to the committee amendment H-1866A,
filed by her from the floor.
Grundberg of Polk moved the adoption of the committee amendment
H-1866A, as amended.
The committee amendment H-1866A, as amended, was adopted.
Warnstadt of Woodbury offered the following amendment H-1901
filed by him and moved its adoption:
H-1901
1 Amend Senate File 549, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, by inserting after line 24 the
4 following:
5 "The department of cultural affairs shall begin to
6 plan and coordinate with local and state agencies,
7 other states, and the federal national parks service,
8 and shall prepare to administer activities and
9 programs leading up to and through the celebration of
10 the Lewis and Clark bicentennial of 2003 through 2006.
11 The department shall determine the need for the
12 establishment of a Lewis and Clark bicentennial
13 commission, and shall submit the department's
14 recommendations in a report to the general assembly by
15 January 1, 1998."
Amendment H-1901 was adopted.
Ford of Polk asked and received unanimous consent to withdraw
amendment H-1885 filed by him on April 23, 1997.
Millage of Scott asked and received unanimous consent to
withdraw amendment H-1935 filed by him from the floor.
Grundberg of Polk offered the following amendment H-1939 filed
by her from the floor and moved its adoption:
H-1939
1 Amend Senate File 549, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 15, line 18, by striking the figure
4 "169,658,402" and inserting the following:
5 "169,596,402".
6 2. Page 16, by striking lines 11 through 17.
7 3. By renumbering as necessary.
Roll call was requested by Murphy of Dubuque and Rants of
Woodbury.
On the question "Shall amendment H-1939 be adopted?" (S.F. 549)
The ayes were, 56:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Churchill Cormack
Dinkla Dix Doderer Dolecheck
Drake Eddie Fallon 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 Thomson
Tyrrell Van Maanen Vande Hoef Veenstra
Weidman Welter Mr. Speaker
Corbett
The nays were, 43:
Bell Bernau Brand Burnett
Cataldo Chapman Chiodo Cohoon Connors
Dotzler Drees Falck 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:
Van Fossen
Amendment H-1939 was adopted.
Meyer of Sac offered amendment H-1887 filed by him. Division was
requested as follows:
H-1887
1 Amend Senate File 549, as amended, passed, and
2 reprinted by the Senate, as follows:
H-1887A
3 1. Page 16, line 3, by striking the figure
4 "564,718" and inserting the following: "524,718".
H-1887B
5 2. Page 16, line 9, by striking the figure
6 "276,335" and inserting the following: "316,335".
Meyer of Sac moved the adoption of amendment H-1887A.
Roll call was requested by Schrader of Marion and Murphy of
Dubuque.
On the question "Shall amendment H-1887A be adopted?" (S.F. 549)
The ayes were, 37:
Blodgett Boggess Brauns Brunkhorst
Carroll Churchill Cormack Dix
Drake Eddie Fallon Greig
Greiner Gries Hahn Hansen
Houser Huseman Jenkins Klemme
Kremer Lamberti Larson Lord
Meyer Millage Rayhons Siegrist
Teig Thomson Tyrrell Van Maanen
Vande Hoef Veenstra Weidman Welter
Mr. Speaker
Corbett
The nays were, 55:
Arnold Barry Bell Bernau
Boddicker Brand Bukta Burnett
Cataldo Chapman Chiodo Cohoon
Connors Doderer Dolecheck Dotzler
Drees Falck Foege Ford
Frevert Garman Gipp Holmes
Holveck Huser Jacobs Jochum
Kinzer Koenigs Kreiman Larkin
Mascher May Mertz Moreland
Mundie Murphy Myers Nelson
O'Brien Osterhaus Reynolds-Knight Richardson
Scherrman Schrader Shoultz Sukup
Taylor Thomas Warnstadt Weigel
Whitead Wise Witt
Absent or not voting, 8:
Bradley Dinkla Grundberg Heaton
Martin Metcalf Rants Van Fossen
Amendment H-1887A lost.
Meyer of Sac asked and received unanimous consent to withdraw
amendment H-1887B filed by him on April 23, 1997.
Grundberg 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?" (S.F. 549)
The ayes were, 99:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
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 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 Van Maanen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Whitead Wise
Witt Mr. Speaker
Corbett
The nays were, 1:
Kreiman
Absent or not voting, none.
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 549 be immediately messaged to the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 24, 1997, concurred in the House
amendment and passed the following bill in which the concurrence
of the Senate was asked:
Senate File 246, a bill for an act relating to snowmobiles and
all-terrain vehicles including the definition of all-terrain
vehicle and by requiring title certificates, increasing
snowmobile and all-terrain vehicle registration fees, providing
for point of sale registration, and providing an effective date.
Also: That the Senate has on April 24, 1997, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 442, a bill for an act relating to the designation
of certain correctional facilities.
Also: That the Senate has on April 24, 1997, passed the
following bill in which the concurrence of the House is asked:
Senate File 544, a bill for an act relating to the designation
of unincorporated areas of a county as rural improvement zones,
providing for improvement projects in the zones, authorizing the
issuance of certificates of indebtedness, and payment of the
indebtedness by tax increment financing and an annual standby
tax by such zones.
MARY PAT GUNDERSON, Secretary
SENATE MESSAGE CONSIDERED
Senate File 544, by committee on ways and means, a bill for
an act relating to the designation of unincorporated areas of a
county as rural improvement zones, providing for improvement
projects in the zones, authorizing the issuance of certificates
of indebtedness, and payment of the indebtedness by tax
increment financing and an annual standby tax by such zones.
Read first time and referred to committee on ways and means.
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on Wednesday
afternoon, April 16, and on Thursday, April 17, 1997. Had I been
present, I would have voted "aye" on amendments H-1808 and
H-1760A to House File 724, "nay" on amendment H-1773B to House
File 724 and "nay" on House File 724; "aye" on amendments
H-1780, H-1781, H-1783, H-1784, H-1786, H-1787,
H-1788, H-1789, H-1791, H-1811, H-1812, to Senate File 533, and
"aye" on Senate File 533; "aye" on House Files 266, 331, 611,
Senate Files 128, 174, 177, 241, 442, and "nay" on House File
721.
CATALDO of Polk
On April 24, 1997, I inadvertently voted "aye" on amendment
H-1887A, to Senate File 549. I meant to vote "nay."
FALLON of Polk
I was necessarily absent from the House chamber on two occasions
on Wednesday, April 23, 1997. Had I been present, I would have
voted "nay" on amendment H-1854B, to amendment H-1795, to House
File 612, and "aye" on amendment H-1877 to House File 733.
MORELAND of Wapello
CONFERENCE COMMITTEE REPORT FILED
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the conference committee report on the following bill has
been received and is on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Senate File 529, a bill for an act relating to and making
appropriations to certain state departments, agencies, funds,
and certain other entities, providing for regulatory authority,
and other properly related matters.
ON THE PART OF THE HOUSE: ON THE PART OF THE SENATE:
BOB BRUNKHORST, Chair MARY LUNDBY, Chair
DANNY HOLMES MERLIN E. BARTZ
RALPH KLEMME JAMES BLACK
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on April 23, 1997, he approved and transmitted to the Secretary
of State the following bills:
House File 383, an act relating to information centers and rest
areas on interstate or primary highways and providing effective
and retroactive applicability dates.
House File 384, an act to include certain products containing
ephedrine as schedule V controlled substances.
House File 449, an act to prohibit sex acts when one participant
was prevented from consenting by a controlled substance
including flunitrazepam, and providing penalties.
House File 542, an act to prohibit acts by inmates of jails or
correctional institutions which result in contact with certain
bodily fluids or secretions or the casting or expelling of
certain bodily fluids or secretions on jail and correctional
employees, and providing penalties.
House File 577, an act relating to continuing education
requirements of real estate appraisers.
House File 596, an act authorizing the utilities board to issue
certificates of public convenience and necessity to municipal
telecommunications utilities, regulating certain municipal
utilities as competitive local exchange service providers, and
including effective date and retroactive applicability
provisions.
House File 644, an act relating to the relationship between a
real estate broker or salesperson and parties to certain real
estate transactions and providing an effective date.
Senate File 80, an act relating to police bicycles.
Senate File 293, an act increasing the property damage limit for
mandatory reporting of motor vehicle accidents.
Senate File 417, an act providing for the amount of a surety
bond required to be executed by a treasurer of an extension
council.
Senate File 499, an act relating to privileges and prohibitions
for certain persons including those relating to motor vehicle
licenses and to the regulation of tobacco, tobacco products, or
cigarettes, and providing penalties.
Senate File 522, an act relating to legal settlement regarding
providers of treatment or services.
GOVERNOR'S VETO MESSAGE
A copy of the following communication was received and placed on
file:
April 24, 1997
The Honorable Ron Corbett
Speaker of the House
State Capitol Building
L O C A L
Dear Mr. Speaker:
Senate File 519, an act relating to the authorized use and users
of the Iowa communications network and providing an effective
date, is hereby disapproved and transmitted to you in accordance
with Article III, Section 16, of the Constitution of the State
of Iowa.
Senate File 519 attempts to define more specifically than
current code the appropriate uses and users of the Iowa
Communications Network (ICN). The bill adds definitions to Code
section 8D.2 for "authorized use", "authorized user",
"educational use", "library", "state agency", and
"telemedicine". The bill authorizes certain uses of the
network. It prohibits dial-up access to the Internet by an
authorized user from a remote site.
Last year, the Legislature authorized an Authorized User and Use
Task Force. The Task Force succeeded in defining "Authorized
User" and the Iowa Telecommunication and Technology Commission
is currently promulgating new rules that implement the consensus
developed by the Task Force on this issue. The Task Force
failed to reach a consensus on remote dial-up access to the ICN
for Internet services.
The overriding mission of the network is to foster education
opportunities to all areas of the state. Closely scrutinizing
actions that significantly impact the network ensures that the
network's mission is not impaired. Unfortunately, Senate File
519 unduly restricts dial-up access to the network to the
detriment of important users of the network.
For example, Senate File 519 would require our higher
educational institutions to dramatically change the educational
services offered to the students or face
significant additional financial burdens. Our Regent
institutions have offered student dial-up access to the Internet
since 1987; Senate File 519 requires a change to that policy.
More study is needed to ensure that the limitations placed on
dial-up access do not unnecessarily restrict the quality of
education in Iowa.
For the above reasons, I hereby respectfully disapprove Senate
File 519.
Sincerely,
Terry E. Branstad
Governor
SPECIAL PRESENTATION
Teig of Hamilton presented to the House, Tatsuya Go, D.V.M., and
Unit Chief of the Meat and Egg Division at the Livestock
Industry Bureau in Tokyo, Japan.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Forty-nine 5th grade students from Longfellow Elementary School,
Waterloo, accompanied by Mrs. Bunkofske, Mrs. Kemp, Mr. Thune
and Mrs. Fitzgerald. By Jenkins of Black Hawk.
Twenty-six 5th grade students from Whittier Elementary School,
Oskaloosa, accompanied by Donna De Groot. By Van Maanen of
Marion.
COMMUNICATION RECEIVED
The following communication was received and filed in the office
of the Chief Clerk:
CITIZENS' AIDE/OMBUDSMAN
The Annual Report for calendar year 1996, pursuant to Chapter
2C, Code of Iowa.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON APPROPRIATIONS
Senate File 551, a bill for an act relating to the compensation
and benefits for public officials and employees, providing for
related matters, and making appropriations.
Fiscal Note is not required.
Recommended Do Pass April 24, 1997.
COMMITTEE ON WAYS AND MEANS
Senate File 410, a bill for an act relating to the Iowa higher
education loan authority by eliminating the limit on the amount
of its obligations that may be outstanding for purposes of
funding capital projects and allowing the authority to issue
tuition anticipation notes and obligations to finance projects
to be leased to an institution.
Fiscal Note is not required.
Recommended Do Pass April 23, 1997.
Committee Bill (Formerly House Study Bill 211), relating to the
criminal and civil justice system, by providing for imposition
and payment of fees for probation and parole, the collection and
disposition of criminal court fines, penalties, surcharges,
costs, and fees, increasing certain scheduled fines and imposing
a scheduled fine for certain gambling violations, imposing a
civil penalty for certain motor vehicle license revocations,
imposing a surcharge on criminal fines and forfeitures,
concerning inmate employment in private industry, and providing
for the appropriation and disposition of the proceeds from the
license revocation civil penalty, from certain scheduled fines,
and from the surcharge for jails, courthouse security, and
juvenile detention and runaway assessment facilities.
Fiscal Note is required.
Recommended Amend and Do Pass April 24, 1997.
Committee Bill (Formerly House Study Bill 242), relating to the
establishment of an E911 surcharge, providing for the
distribution of the surcharge, and providing a pooling mechanism
for the purchase of equipment necessary for an E911 system.
Fiscal Note is required.
Recommended Amend and Do Pass April 23, 1997.
RESOLUTION FILED
HCR 24, by Fallon, a concurrent resolution expressing opposition
to repressive policies of the People's Republic of China toward
the people and culture of Tibet and to the persecution of Mr.
Ngawang Choephel.
Laid over under Rule 25.
AMENDMENTS FILED
H_1914 H.F. 662 Millage of Scott
H_1919 H.F. 456 Senate Amendment
H_1930 S.F. 542 Brunkhorst of Bremer
H_1936 S.F. 542 Jacobs of Polk
Houser of Pottawattamie
Millage of Scott
H_1937 S.F. 542 Brunkhorst of Bremer
On motion by Siegrist of Pottawattamie, the House adjourned at
7:32 p.m., until 10:00 a.m., Monday, April 28, 1997.
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Iowa General Assembly
Index: House Journal (77th General Assembly: Session 1)
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