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Seventy-fourth Calendar Day - Fifty-first Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, March 26, 1998 The House met pursuant to adjournment at 8:50 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend John Rosenberger, United Methodist Church, Hartley. The Journal of Wednesday, March 25, 1998 was approved. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on March 25, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2482, a bill for an act relating to certain criminal acts committed on or against the property of railway corporations and providing and applying penalties. Also: That the Senate has on March 25, 1998, adopted the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 101, a concurrent resolution recognizing the notable achievements of the Jefferson High School Marching Band from Cedar Rapids, Iowa. Also: That the Senate has on March 25, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2280, a bill for an act relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the Iowa department of public health, the department of human rights, the governor's alliance on substance abuse, and the commission of veterans affairs, and providing effective dates. MARY PAT GUNDERSON, Secretary CONSIDERATION OF BILLS Regular Calendar Senate File 2015, a bill for an act to remove cottonwood trees and cotton-bearing poplar trees in cities from a list of items deemed to be nuisances, with report of committee recommending passage, was taken up for consideration. Brauns of Muscatine 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. 2015) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Chapman Churchill Cohoon Connors Cormack Dix Doderer Dolecheck Dotzler Drake 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 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, 5: Cataldo Chiodo Dinkla Drees Ford The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 2321, a bill for an act relating to the confidentiality of certain records and reports held by the labor commissioner, with report of committee recommending amendment and passage, was taken up for consideration. Dix of Butler offered the following amendment H-8541 filed by the committee on labor and industrial relations and moved its adoption: H-8541 1 Amend Senate File 2321 as follows: 2 1. Page 1, line 28, by inserting after the word 3 "determination." the following: "For purposes of this 4 subsection, "identifying information" means specific 5 personal information including, but not limited to, 6 the person's name, home address, telephone number, 7 social security number, and handwriting and language 8 idiosyncrasies. In circumstances when the release of 9 any fact may be used to identify the person, that fact 10 shall not be released." The committee amendment H-8541 was adopted. Rants of Woodbury in the chair at 9:20 a.m. Dix of Butler 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. 2321) The ayes were, 98: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll 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 Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Rants, Presiding The nays were, none. Absent or not voting, 2: Cataldo Ford The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Speaker Corbett in the chair at 9:28 a.m. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 2015 and 2321. SENATE FILES PLACED ON THE UNFINISHED BUSINESS CALENDAR Siegrist of Pottawattamie asked and received unanimous consent that the following Senate Files be placed on the unfinished business calendar: Senate File 58 Senate File 2185 Senate File 187 Senate File 2186 Senate File 295 Senate File 2198 Senate File 347 Senate File 2200 Senate File 367 Senate File 2201 Senate File 429 Senate File 2224 Senate File 466 Senate File 2225 Senate File 490 Senate File 2254 Senate File 492 Senate File 2257 Senate File 530 Senate File 2259 Senate File 2015 Senate File 2261 Senate File 2037 Senate File 2268 Senate File 2038 Senate File 2269 Senate File 2052 Senate File 2274 Senate File 2066 Senate File 2277 Senate File 2068 Senate File 2281 Senate File 2072 Senate File 2286 Senate File 2080 Senate File 2292 Senate File 2085 Senate File 2294 Senate File 2113 Senate File 2308 Senate File 2117 Senate File 2311 Senate File 2160 Senate File 2312 Senate File 2161 Senate File 2313 Senate File 2170 Senate File 2316 Senate File 2317 Senate File 2371 Senate File 2321 Senate File 2374 Senate File 2325 Senate File 2376 Senate File 2329 Senate File 2377 Senate File 2330 Senate File 2380 Senate File 2331 Senate File 2384 Senate File 2333 Senate File 2385 Senate File 2337 Senate File 2387 Senate File 2339 Senate File 2391 Senate File 2345 Senate File 2397 Senate File 2348 Senate File 2398 Senate File 2353 Senate File 2399 Senate File 2356 Senate File 2405 Senate File 2363 Senate Joint Resolution 9 Senate File 2368 The House stood at ease at 9:30 a.m., until the fall of the gavel. The House resumed session at 10:30 a.m., Speaker Corbett in the chair. Unfinished Business Calendar The House resumed consideration of Senate File 2366, a bill for an act relating to the licensing and employment of practitioners and the school districts employing them, making appropriations, and including retroactive applicability and effective date provisions, previously deferred with amendment H-8616 (found on pages 924 through 947 of the House Journal) pending. Warnstadt of Woodbury asked and received unanimous consent to withdraw amendment H-8675, to amendment H-8616, filed by him on March 25, 1998. Warnstadt of Woodbury offered amendment H-8685, to amendment H-8616, filed by Warnstadt, et al., as follows: H-8685 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 15, by inserting after line 1 the 5 following: 6 "Sec. ___. NEW SECTION. 257.51 SMALLER CLASS 7 SIZE INFRASTRUCTURE PROGRAM. 8 1. A smaller class size infrastructure program 9 that provides additional funding for school districts 10 is established. A board of directors that wishes to 11 consider participating in the smaller class size 12 infrastructure program shall hold a public hearing on 13 the question of participation. The board shall set 14 forth its proposal, including the method that will be 15 used to fund the program, in a resolution and shall 16 publish the notice of the time and place of a public 17 hearing on the resolution. Notice of the time and 18 place of the public hearing shall be published not 19 less than ten nor more than twenty days before the 20 public hearing in a newspaper which is a newspaper of 21 general circulation in the school district. At the 22 hearing, or no later than thirty days after the date 23 of the hearing, the board shall take action to adopt a 24 resolution to participate in the smaller class size 25 infrastructure program for a period not exceeding five 26 years or to direct the county commissioner of 27 elections to submit the question of participation in 28 the program for a period not exceeding ten years to 29 the registered voters of the school district at the 30 next regular school election or at a special election. 31 If the board submits the question at an election and a 32 majority of those voting on the question favors 33 participation in the program, the board shall adopt a 34 resolution to participate and certify the results of 35 the election to the department of management. 36 2. If the board does not provide for an election 37 and adopts a resolution to participate in the smaller 38 class size infrastructure program, the district shall 39 participate in the smaller class size infrastructure 40 program unless within twenty-eight days following the 41 action of the board, the secretary of the board 42 receives a petition containing the required number of 43 signatures, asking that an election be called to 44 approve or disapprove the action of the board in 45 adopting the smaller class size infrastructure 46 program. The petition must be signed by eligible 47 electors equal in number to not less than one hundred 48 or thirty percent of the number of voters at the last 49 preceding regular school election, whichever is 50 greater. The board shall either rescind its action or Page 2 1 direct the county commissioner of elections to submit 2 the question to the registered voters of the school 3 district at the next following regular school election 4 or a special election. If a majority of those voting 5 on the question at the election favors disapproval of 6 the action of the board, the district shall not 7 participate in the smaller class size infrastructure 8 program. If a majority of those voting on the 9 question favors approval of the action, the board 10 shall certify the results of the election to the 11 department of management and the district shall 12 participate in the program. 13 At the expiration of the twenty-eight day period, 14 if no petition is filed, the board shall certify its 15 action to the department of management and the 16 district shall participate in the program. 17 3. Participation in a smaller class size 18 infrastructure program is not affected by a change in 19 the boundaries of the school district, except as 20 otherwise provided in this section. If each school 21 district involved in a school reorganization under 22 chapter 275 has approved a smaller class size 23 infrastructure program, and if the voters have not 24 voted upon the question of participation in the 25 program in the reorganized district, the smaller class 26 size infrastructure program shall be in effect for the 27 reorganized district that has been approved for the 28 least amount and the shortest time in any of the 29 districts. 30 Sec. ___. NEW SECTION. 257.52 SMALLER CLASS SIZE 31 INFRASTRUCTURE FUNDING. 32 1. The additional funding for the smaller class 33 size infrastructure program for a budget year is 34 limited to an amount not exceeding ten percent of the 35 total of regular program district cost for the budget 36 year and moneys received under section 257.14 as a 37 budget adjustment for the budget year. Moneys 38 received by a district for the smaller class size 39 infrastructure program are miscellaneous income and 40 may be used for any general fund purpose. However, 41 moneys received by a district for the smaller class 42 size infrastructure program shall be expended solely 43 for smaller class size infrastructure needs. 44 2. Certification of a board's intent to 45 participate for a budget year, the method of funding, 46 and the amount to be raised shall be made to the 47 department of management not later than April 15 of 48 the base year. Funding for the smaller class size 49 infrastructure program shall be obtained from smaller 50 class size infrastructure state aid and from local Page 3 1 funding using either a smaller class size 2 infrastructure income surtax or a combination of a 3 smaller class size infrastructure property tax and a 4 smaller class size infrastructure income surtax as 5 determined by the board of directors. 6 3. The smaller class size infrastructure income 7 surtax shall fund at least sixty percent of the local 8 funding costs of the program. Subject to the 9 limitation specified in section 298.14, for each 10 budget year the board shall determine the percent of 11 income surtax that will be imposed, expressed as full 12 percentage points, not to exceed twenty percent. 13 4. For purposes of sections 257.51 through 257.60, 14 "smaller class size infrastructure", means those 15 activities for which a school district is authorized 16 to contract indebtedness and issue general obligation 17 bonds under section 296.1, except those activities 18 related to a teacher's or superintendent's home or 19 homes. The activities include the construction, 20 reconstruction, repair, purchasing, or remodeling of 21 schoolhouses, and the procurement of schoolhouse 22 construction sites and the making of site 23 improvements. Additionally, "school infrastructure" 24 includes the payment or retirement of outstanding 25 bonds previously issued for school infrastructure 26 purposes as described in this subsection, and the 27 maintenance of schoolhouses and school district 28 property. 29 Sec. ___. NEW SECTION. 257.53 SMALLER CLASS SIZE 30 INFRASTRUCTURE STATE AID APPROPRIATION. 31 1. In order to determine the amount of smaller 32 class size infrastructure state aid and the amount of 33 local funding for the smaller class size 34 infrastructure program for a district, the department 35 of management shall divide the total assessed 36 valuation in the state by the total budget enrollment 37 for the budget year in the state to determine a state 38 assessed valuation per pupil and shall divide the 39 assessed valuation in each district by the district's 40 budget enrollment for the budget year to determine the 41 district assessed valuation per pupil. The department 42 of management shall multiply the ratio of the state's 43 valuation per pupil to the district's valuation per 44 pupil by twenty-five hundredths and subtract that 45 result from one to determine the portion of the 46 smaller class size infrastructure program budget that 47 is local funding. The remaining portion of the budget 48 shall be funded by smaller class size infrastructure 49 state aid. 50 2. There is appropriated for each fiscal year from Page 4 1 the rebuild Iowa infrastructure fund to the department 2 of education, the sum of twenty million dollars to pay 3 smaller class size infrastructure state aid as 4 determined under subsection 1. 5 3. If the amount appropriated under subsection 2 6 is insufficient to pay the amount of smaller class 7 size infrastructure state aid determined under 8 subsection 1, the department of education shall 9 prorate the amount of the smaller class size 10 infrastructure state aid provided to each district. 11 4. Smaller class size infrastructure state aid 12 shall be paid at the same time and in the same manner 13 as foundation aid is paid under section 257.16. 14 Sec. ___. NEW SECTION. 257.54 COMPUTATION OF 15 SMALLER CLASS SIZE INFRASTRUCTURE AMOUNT. 16 1. The department of management shall establish 17 the amount of smaller class size infrastructure 18 property tax to be levied and the amount of smaller 19 class size infrastructure income surtax to be imposed 20 by a district in accordance with the decision of the 21 board under section 257.52 for each school year for 22 which the smaller class size infrastructure program is 23 authorized. The department of management shall 24 determine these amounts based upon the most recent 25 figures available for the district's valuation of 26 taxable property, individual state income tax paid, 27 and budget enrollment in the district, and shall 28 certify to the district's county auditor the amount of 29 smaller class size infrastructure property tax if a 30 smaller class size infrastructure property tax is to 31 be imposed, and to the director of revenue and finance 32 the amount of smaller class size infrastructure income 33 surtax to be imposed. 34 2. The smaller class size infrastructure income 35 surtax shall be imposed on the state individual income 36 tax for the calendar year during which the school's 37 budget year begins, or for a taxpayer's fiscal year 38 ending during the second half of that calendar year 39 and after the date the board adopts a resolution to 40 participate in the program or the first half of the 41 succeeding calendar year, and shall be imposed on all 42 individuals residing in the school district on the 43 last day of the applicable tax year. As used in this 44 section, "state individual income tax" means the taxes 45 computed under section 422.5, less the credits allowed 46 in sections 422.11A, 422.11B, 422.12, and 422.12B. 47 Sec. ___. NEW SECTION. 257.55 STATUTES 48 APPLICABLE. 49 The director of revenue and finance shall 50 administer the smaller class size infrastructure Page 5 1 income surtax imposed under this chapter, and sections 2 422.20, 422.22 to 422.31, 422.68, and 422.72 to 422.75 3 shall apply with respect to administration of the 4 smaller class size infrastructure income surtax. 5 Sec. ___. NEW SECTION. 257.56 FORM AND TIME OF 6 RETURN. 7 The smaller class size infrastructure income surtax 8 shall be made a part of the Iowa individual income tax 9 return subject to the conditions and restrictions set 10 forth in section 422.21. 11 Sec. ___. NEW SECTION. 257.57 DEPOSIT OF SMALLER 12 CLASS SIZE INFRASTRUCTURE INCOME SURTAX. 13 1. The director of revenue and finance shall 14 deposit all moneys received as smaller class size 15 infrastructure income surtax to the credit of each 16 district from which the moneys are received, in the 17 school district income surtax fund which is 18 established in section 298.14. 19 2. The director of revenue and finance shall 20 deposit smaller class size infrastructure income 21 surtax moneys received on or before November 1 of the 22 year following the close of the school budget year for 23 which the surtax is imposed to the credit of each 24 district from which the moneys are received in the 25 school district income surtax fund. 26 3. Smaller class size infrastructure income surtax 27 moneys received or refunded after November 1 of the 28 year following the close of the school budget year for 29 which the surtax is imposed shall be deposited in or 30 withdrawn from the general fund of the state and shall 31 be considered part of the cost of administering the 32 smaller class size infrastructure income surtax. 33 Sec. ___. NEW SECTION. 257.58 SMALLER CLASS SIZE 34 INFRASTRUCTURE INCOME SURTAX CERTIFICATION. 35 On or before October 20 each year, the director of 36 revenue and finance shall make an accounting of the 37 smaller class size infrastructure income surtax 38 collected under this chapter applicable to tax returns 39 for the last preceding calendar year, or for a 40 taxpayer's fiscal year ending during the second half 41 of that calendar year and after the date the board 42 adopts a resolution to participate in the program, or 43 the first half of the succeeding calendar year, from 44 taxpayers in each school district in the state which 45 has approved the smaller class size infrastructure 46 program, and shall certify to the department of 47 management and the department of education the amount 48 of total smaller class size infrastructure income 49 surtax credited from the taxpayers of each school 50 district. Page 6 1 Sec. ___. NEW SECTION. 257.59 SMALLER CLASS SIZE 2 INFRASTRUCTURE INCOME SURTAX DISTRIBUTION. 3 The director of revenue and finance shall draw 4 warrants in payment of the amount of smaller class 5 size infrastructure surtax in the manner provided in 6 section 298.14. 7 Sec. ___. NEW SECTION. 257.60 CONTINUATION OF 8 SMALLER CLASS SIZE INFRASTRUCTURE PROGRAM. 9 1. At the expiration of the period for which the 10 smaller class size infrastructure program was adopted, 11 the program may be extended for a period of not 12 exceeding five or ten years in the manner provided in 13 section 257.51. 14 2. If the voters do not approve adoption of the 15 smaller class size infrastructure program, the board 16 shall wait at least one hundred twenty days following 17 the election before taking action to adopt the program 18 or resubmit the proposition." 19 2. By renumbering as necessary. Blodgett of Cerro Gordo rose on a point of order that amendment H-8685, to amendment H-8616, was not germane. The Speaker ruled the point well taken and amendment H-8685 not germane. Warnstadt of Woodbury asked for unanimous consent to suspend the rules to consider amendment H-8685, to amendment H-8616. Objection was raised. Warnstadt of Woodbury moved to suspend the rules to consider amendment H-8685, to amendment H-8616. Roll call was requested by Warnstadt of Woodbury and Schrader of Marion. On the question "Shall the rules be suspended to consider amendment H-8685, to amendment H-8616?" (S.F. 2366) The ayes were, 46: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 51: Arnold Barry Blodgett Boddicker Boggess Brauns Brunkhorst Carroll Churchill Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greiner Gries Grundberg Hahn Hansen Heaton Holmes 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, 3: Bradley Greig Houser The motion to suspend the rules lost. Grundberg of Polk offered amendment H-8691, to amendment H-8616, filed by Grundberg, et al., as follows: H-8691 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 15, by inserting after line 1 the 5 following: 6 "Sec. ___. Section 257.20, subsection 2, paragraph 7 a, Code 1997, is amended to read as follows: 8 a. However, for the fiscal year beginning July 1, 9 1998, moneys appropriated under this subsection shall 10 not exceed the amount of moneys appropriated as 11 instructional support state aid for the budget year 12 which commenced on July 1, 1992. For the fiscal year 13 beginning July 1, 1999, and for each succeeding fiscal 14 year, moneys appropriated under this subsection shall 15 not exceed the sum of sixteen million seven hundred 16 ninety-eight thousand two hundred twenty-seven 17 dollars." 18 2. By renumbering as necessary. Myers of Johnson rose on a point of order that amendment H-8691, to amendment H-8616, was not germane. The Speaker ruled the point well taken and amendment H-8691 not germane. Siegrist of Pottawattamie moved to suspend the rules to consider amendment H-8691, to amendment H-8616. Roll call was requested by Siegrist of Pottawattamie and Rants of Woodbury. On the question "Shall the rules be suspended to consider amendment H-8691, to amendment H-8616?" (S.F. 2366) The ayes were, 55: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Cormack Dinkla Dix Dolecheck Drake Eddie Fallon Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck 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 The nays were, 43: Bell Bernau Brand Bukta Burnett Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Foege Ford Frevert 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, 2: Cataldo Vande Hoef The motion to suspend the rules prevailed. Grundberg of Polk moved the adoption of amendment H-8691, to amendment H-8616. Roll call was requested by O'Brien of Boone and Fallon of Polk. On the question "Shall amendment H-8691, to amendment H-8616, be adopted?" (S.F. 2366) 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 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, 1: Greiner Amendment H-8691 was adopted. Richardson of Warren offered the following amendment H-8670, to amendment H-8616, filed by him and moved its adoption: H-8670 1 Amend the amendment, H-8616, to Senate File 2366 as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 15, line 36, by striking the words "A 5 public school district," and inserting the following: 6 "An". Amendment H-8670 lost. Brunkhorst of Bremer offered amendment H-8665, to amendment H-8616, filed by him. Division was requested as follows: H-8665 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: H-8665A 4 1. Page 17, by striking lines 38 and 39 and 5 inserting the following: "If the total estimated 6 accumulated". 7 2. Page 17, by striking lines 42 through 47 and 8 inserting the following: "employees who retire under 9 this section does not exceed the estimated savings in 10 salaries and benefits for employees who replace the 11 employees who retire under the program, the board may 12 include in the district management levy an amount to 13 pay the costs of the program provided in this 14 section." H-8665B 15 3. Page 19, by inserting after line 28 the 16 following: 17 "7. A teacher receiving a national board 18 certification registration or annual award under 19 section 256.44 shall be ineligible for an award under 20 the instructional leadership pilot program as 21 established in this section." 22 4. By renumbering as necessary. Brunkhorst of Bremer moved the adoption of amendment H-8665A, to amendment H-8616. Amendment H-8665A lost. Brunkhorst of Brember moved the adoption of amendment H-8665B, to amendment H-8616. Amendment H-8665B was adopted. Grundberg of Polk asked and received unanimous consent to withdraw amendment H-8695, to amendment H-8616, and amendment H-8710, to amendment H-8616, filed by her on March 25, 1998. Grundberg of Polk asked and received unanimous consent that amendment H-8712, to amendment H-8616, be deferred. Connors of Polk offered the following amendment H-8688, to amendment H-8616, filed by him and requested division as follows: H-8688 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: H-8688A 4 1. By striking page 21, line 5, through page 22, 5 line 18 and inserting the following: 6 "Sec. ___. Section 294A.1, unnumbered paragraph 1, 7 Code 1997, is amended to read as follows: 8 The purpose of this chapter is to promote 9 excellence in education. In order to maintain and 10 advance the educational excellence in the state of 11 Iowa, this chapter establishes the Iowa educational 12 excellence program. The program shall consist of 13threetwo major phases addressing the following: 14 Sec. ___. Section 294A.10, subsections 1 and 2, 15 Code 1997, are amended by striking the subsections." 16 2. Page 22, by inserting after line 39 the 17 following: 18 "Sec. ___. Section 294A.25, Code Supplement 1997, 19 is amended by adding the following new subsection: 20 NEW SUBSECTION. 2A. For the fiscal year beginning 21 July 1, 1998, and ending June 30, 1999, a supplemental 22 allocation amount of fourteen million four hundred 23 thousand dollars for phase II distribution as provided 24 in section 294A.9." H-8688B 25 3. Page 22, by inserting after line 50 the 26 following: 27 "Sec. 101. Section 422.12, subsection 2, Code 28 1997, is amended by striking the subsection. 29 Sec. 102. Sections 294A.4 through 294A.6, Code 30 1997, are repealed. 31 Sec. ___. DIRECTIONS TO CODE EDITOR. With the 32 enactment of section 102 of this Act, the Iowa Code 33 editor shall revise references in the Code to phase I, 34 phase II, and phase III of the educational excellence 35 program established in chapter 294A to instead refer 36 to phase I as the retention of quality teachers, and 37 phase II as the enhancement of the quality and 38 effectiveness of teachers through the utilization of 39 performance pay. The references revised by the Code 40 editor pursuant to this section shall take effect July 41 1, 1998. The reference changes considered by the Code 42 editor shall include but are not limited to the 43 following: sections 256.18, 258.17, 282.18, 294A.1, 44 294A.3, 294A.10, 294A.12 through 294A.16, 294A.18 45 through 294A.20, 294A.22, 294A.23, and 294A.25. 46 Sec. ___. RETROACTIVE APPLICABILITY. Section 101 47 of this Act, relating to section 422.12, subsection 2, 48 applies retroactively to January 1, 1997, for tax 49 years beginning on or after January 1, 1997." 50 4. By renumbering as necessary. Connors of Polk asked and received unanimous consent that amendment H-8688A, to amendment H-8616, be deferred. Grundberg of Polk asked and received unanimous consent that amendment H-8696, to amendment H-8616, be deferred. Grundberg of Polk offered the following amendment H-8673, to amendment H-8616, filed by her and moved its adoption: H-8673 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. By striking page 21, line 5 through page 22, 5 line 18. 6 2. Page 22, by inserting after line 39 the 7 following: 8 "Sec. ___. Section 294A.25, Code Supplement 1997, 9 is amended by adding the following new subsection: 10 NEW SUBSECTION. 2A. For the fiscal year beginning 11 July 1, 1998, and ending June 30, 1999, a supplemental 12 allocation amount of two million four hundred thousand 13 dollars for phase II distribution as provided in 14 section 294A.9." 15 3. By renumbering as necessary. Amendment H-8673 lost, placing amendment H-8731 filed by Garman of Story from the floor out of order. On motion by Siegrist of Pottawattamie, the House was recessed at 12:08 p.m., until 12:35 p.m. (Senate File 2366 and amendment H-8616 pending.) AFTERNOON SESSION The House reconvened at 12:35 p.m., Rants of Woodbury in the chair. The House resumed consideration of Senate File 2366, a bill for an act relating to the licensing and employment of practitioners and the school districts employing them, making appropriations, and including retroactive applicability and effective date provisions, and amendment H-8616, pending at recess. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed sixty-seven members present, thirty-three absent. Speaker Corbett in the chair at 12:45 p.m. Falck of Fayette offered amendment H-8652, to amendment H-8616, filed by him as follows: H-8652 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 22, by inserting after line 45 the 5 following: 6 "Sec. ___. Section 295.2, subsection 1, paragraph 7 c, Code Supplement 1997, is amended to read as 8 follows: 9 c. There is appropriated from the general fund of 10 the state to the department of education foreachthe 11 fiscal yearof the fiscal periodbeginning July 1, 12 1997, andending June 30, 2001for each succeeding 13 fiscal year, the sum of thirty million dollars for the 14 school improvement technology program." 15 2. Page 23, by inserting before line 1 the 16 following: 17 "Sec. ___. Section 295.5, Code 1997, is repealed." 18 3. By renumbering as necessary. Rants of Woodbury rose on a point of order that amendment H-8652, to amendment H-8616, was not germane. The Speaker ruled the point well taken and amendment H-8652 not germane. Falck of Fayette asked for unanimous consent to suspend the rules to consider amendment H-8652, to amendment H-8616. Objection was raised. Falck of Fayette moved to suspend the rules to consider amendment H-8652, to amendment H-8616. A non-record roll call was requested. The ayes were 40, nays 46. The motion to suspend the rules lost. Falck of Fayette asked and received unanimous consent to withdraw amendment H-8653, to amendment H-8616, filed by him on March 24, 1998. Connors of Polk asked and received unanimous consent to withdraw amendment H-8688B, to amendment H-8616. Rants of Woodbury offered the following amendment H-8678, to amendment H-8616, filed by him and moved its adoption: H-8678 1 Amend the amendment, H-8616, to Senate File 2366 as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 23, by inserting after line 25 the 5 following: 6 "Sec. ___. APPLICABILITY. Section 279.19, as 7 amended by this Act, shall not apply to a teacher 8 employed by a school district prior to July 1, 1998. 9 Section 279.19, Code 1997, shall remain applicable to 10 a teacher employed by a school district prior to July 11 1, 1998." 12 2. By renumbering as necessary. Amendment H-8678 was adopted. Scherrman of Dubuque asked and received unanimous consent to withdraw amendment H-8719, to amendment H-8616, filed by him on March 25, 1998. Richardson of Warren asked and received unanimous consent to withdraw amendment H-8667, to amendment H-8616, filed by him on March 25, 1998. Richardson of Warren offered amendment H-8693, to amendment H-8616, filed by him and requested division as follows: H-8693 1 Amend the amendment, H-8616, to Senate File 2366 as 2 amended, passed, and reprinted by the Senate, as 3 follows: H-8693A 4 1. Page 1, by inserting after line 13 the 5 following: 6 "Of the funds appropriated in this subsection, 7 $300,000 shall be used to provide grants in the amount 8 of $50,000 each to six school districts for extended 9 year school pilot projects, and the department of 10 education shall expend up to $60,000 to contract with 11 an accredited private postsecondary institution or an 12 institution of higher learning under the control of 13 the state board of regents to conduct a study of the 14 effectiveness of extended school years on student 15 achievement." H-8693B 16 2. Page 4, by inserting after line 36 the 17 following: 18 "___. School districts shall expend funds received 19 for an extended school year pursuant to this section 20 to, at a minimum, install air conditioning in 21 attendance centers or finance other infrastructure 22 needs of the school district related to an extended 23 school year calendar, and to implement a calendar that 24 may include, but is not limited to, modification of 25 the current one-hundred-eighty-day calendar required 26 pursuant to section 279.10, subsection 1. The 27 modified calendar shall include a rotation of nine 28 weeks of attendance and three weeks of nonattendance 29 until the one-hundred-eighty-day calendar year 30 requirement is met." 31 3. By renumbering as necessary. Richardson of Warren moved the adoption of amendment H-8693A, to amendment H-8616. A non-record roll call was requested. The ayes were 44, nays 47. Amendment H-8693A lost. Bukta of Clinton offered the following amendment H-8649, to amendment H-8616, filed by Bukta, et al., and moved its adoption: H-8649 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by striking lines 24 through 28. 5 2. By striking page 15, line 2, through page 16, 6 line 9. 7 3. By renumbering as necessary. A non-record roll call was requested. The ayes were 42, nays 49. Amendment H-8649 lost. Schrader of Marion offered amendment H-8694, to amendment H-8616, filed by him and requested division as follows: H-8694 1 Amend the amendment, H-8616, to Senate File 2366 as 2 amended, passed, and reprinted by the Senate, as 3 follows: H-8694A 4 1. Page 2, by striking lines 2 through 12. 5 2. By striking page 17, line 48, through page 20, 6 line 34. H-8694B 7 3. Page 23, line 24, by striking the words "and 8 section 279.60". H-8694A 9 4. By renumbering as necessary. Schrader of Marion moved the adoption of amendment H-8694A, to amendment H-8616. Roll call was requested by Schrader of Marion and Gries of Crawford. Rule 75 was invoked. On the question "Shall amendment H-8694A, to amendment H-8616, be adopted?" (S.F. 2366) The ayes were, 48: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Cormack 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 Dinkla Dix Dolecheck Drake Eddie 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 Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 1: Van Maanen Amendment H-8694A lost, placing amendment H-8694B out of order. Foege of Linn offered amendment H-8648, to amendment H-8616, filed by Foege, et al., as follows: H-8648 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 2, by inserting after line 12 the 5 following: 6 "Sec. ___. DEPARTMENT OF HUMAN SERVICES. There is 7 appropriated from the general fund of the state to the 8 department of human services for the fiscal year 9 beginning July 1, 1998, and ending June 30, 1999, the 10 following amount, or so much thereof as is necessary, 11 to be transferred for child and family services to be 12 used to provide school-based supervision of children 13 adjudicated under chapter 232: 14 $ 3,000,000" 15 2. By renumbering as necessary. Rants of Woodbury rose on a point of order that amendment H-8648, to amendment H-8616, was not germane. The Speaker ruled the point well taken and amendment H-8648 not germane. Schrader of Marion moved to suspend the rules to consider amendment H-8648, to amendment H-8616. Roll call was requested by Schrader of Marion and Gries of Crawford. On the question "Shall the rules be susupended to consider amendment H-8648, to amendment H-8616?" (S.F. 2366) 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, 48: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Carroll Churchill Cormack Dix Dolecheck Drake Eddie Garman Gipp Greig Gries Hahn Hansen Heaton Holmes Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 6: Brunkhorst Dinkla Greiner Grundberg Houser Van Maanen The motion to suspend the rules lost. Mascher of Johnson offered amendment H-8651, to amendment H-8616, filed by her as follows: H-8651 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 2, by inserting after line 12 the 5 following: 6 "Sec. ___. COLLEGE STUDENT AID COMMISSION. There 7 is appropriated from the general fund of the state to 8 the college student aid commission for the fiscal year 9 beginning July 1, 1998, and ending June 30, 1999, the 10 following amount, or so much thereof as is necessary, 11 to be used for the purpose designated: 12 For purposes of providing forgivable loans under 13 the practitioner shortage loan payment program 14 established in section 261.111, if enacted: 15 $ 300,000" 16 2. Page 15, by inserting after line 1 the 17 following: 18 "Sec. ___. NEW SECTION. 261.111 PRACTITIONER 19 SHORTAGE LOAN PAYMENT PROGRAM. 20 1. A practitioner shortage loan payment program is 21 established to be administered by the college student 22 aid commission as provided in this section. The 23 purpose of the loan payment program is to increase the 24 number of qualified teachers and administrators in 25 areas of the state experiencing a shortage of teachers 26 or administrators. An individual is eligible for the 27 program if the individual meets all of the following 28 conditions: 29 a. Is a resident of this state who is enrolled at 30 an institution of higher learning under the control of 31 the state board of regents or an accredited private 32 institution as defined in section 261.9. 33 b. Is enrolled in one or more of the subject areas 34 determined by the department of education as 35 experiencing a shortage of practitioners. 36 c. Has filed a loan application with the 37 commission. 38 d. Meets the requirements for a practitioner 39 shortage loan established in this chapter and by 40 administrative rule. 41 2. A practitioner shortage loan shall be awarded 42 for not more than the equivalent of two years and may 43 be awarded to an eligible individual under this 44 section if the individual agrees to serve as an 45 administrator for two years, or agrees to teach for 46 two years, in an area in this state that the 47 department of education has determined is experiencing 48 a shortage of practitioners. A loan awarded in 49 accordance with this section, and the interest that 50 accrues on the loan, shall not become due and payable Page 2 1 until one year after the individual graduates. If a 2 loan recipient submits evidence to the commission that 3 the recipient was employed as a practitioner in a 4 practitioner shortage area for a school year in 5 accordance with this section, fifty percent of the 6 principal amount of the loan and any interest accruing 7 on fifty percent of the principal amount of the loan 8 shall be canceled. If the recipient continues 9 employment as a practitioner in a practitioner 10 shortage area as provided in this section during the 11 next succeeding school year and submits evidence to 12 the commission of the continuation of employment as a 13 practitioner as agreed to in accordance with this 14 subsection, the recipient is not required to commence 15 repayment during that school year and at the end of 16 that school year the remaining principal amount of the 17 loan, and any interest accruing on the principal 18 amount of the loan, are canceled. 19 3. The interest rate on the loan shall be equal to 20 the interest rate collected by an eligible lender 21 under the Iowa guaranteed student loan program for the 22 year in which the loan is made. 23 4. The commission shall prescribe by rule the 24 terms of repayment. The commission shall set a final 25 date for submission of applications each year and 26 shall review the applications and inform the 27 recipients within a reasonable time after the 28 deadline. 29 5. The maximum loan a student is eligible to 30 receive annually is an amount equal to the tuition 31 rate established by institutions of higher learning 32 under the control of the state board of regents as 33 follows: 34 a. The annual resident undergraduate tuition rate 35 if the individual is enrolled in an approved 36 undergraduate practitioner preparation program. 37 b. The annual resident graduate tuition rate if 38 the individual is enrolled in an approved graduate 39 practitioner preparation program. 40 6. Eligible students may receive both a tuition 41 grant under this chapter and a practitioner shortage 42 loan. 43 7. A practitioner shortage loan payment fund is 44 established in the office of the treasurer of state 45 for deposit of payments made by loan recipients who do 46 not fulfill the cancellation conditions of the loan 47 program. Payments made by recipients on the loans 48 shall be used to supplement moneys appropriated to the 49 practitioner shortage loan payment program. 50 Notwithstanding section 8.33, moneys deposited in the Page 3 1 practitioner shortage loan payment fund shall not 2 revert to the general fund of the state at the end of 3 a fiscal year, but shall remain in the practitioner 4 shortage loan payment fund and be continuously 5 available to make additional loans under the program." 6 3. By renumbering as necessary. Rants of Woodbury rose on a point of order that amendment H-8651, to amendment H-8616, was not germane. The Speaker ruled the point well taken and amendment H-8651 not germane. Mascher of Johnson asked and received unanimous consent to withdraw amendment H-8681, to amendment H-8616, filed by her on March 25, 1998. Richardson of Warren offered the following amendment H-8687, to amendment H-8616, filed by him and moved its adoption: H-8687 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 2, line 28, by inserting after the word 5 "district." the following: "A student intern shall 6 have graduated from an approved practitioner 7 preparation program offered by an institution of 8 higher education under the state board of regents or 9 an accredited private institution as defined in 10 section 261.9." Amendment H-8687 was adopted. Richardson of Warren asked and received unanimous consent to withdraw amendment H-8693B, to amendment H-8616. Falck of Fayette offered amendment H-8674, to amendment H-8616, filed by Falck, et al., as follows: H-8674 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 5, by inserting after line 46 the 5 following: 6 "Sec. ___. NEW SECTION. 256.39A SCHOOL-TO-WORK 7 AND CAREER PATHWAYS - ASSESSMENT AND APPROPRIATION. 8 1. A school district that assigns a weighting 9 under section 257.11, subsection 8, shall establish 10 clearly defined, measurable standards and shall 11 annually use measurement instruments to assess the 12 development of student employability skills. The 13 school district shall provide the results of this 14 assessment to the department of education upon 15 request. 16 2. There is appropriated for the fiscal year 17 beginning July 1, 1998, and each subsequent fiscal 18 year from the general fund of the state ten million 19 dollars, or so much thereof as is necessary, to the 20 department of management to pay the supplementary aid 21 pursuant to section 257.11, subsection 8. State aid 22 paid under this section shall be paid in monthly 23 installments beginning on September 15 of a budget 24 year and ending on or about June 15 of the budget year 25 as determined by the department of management, taking 26 into consideration the relative budget and cash 27 position of the state resources. All moneys received 28 by a school district from the state under this chapter 29 shall be deposited in the general fund of the school 30 district and may be used for any school general fund 31 purpose. 32 3. If the amount appropriated under subsection 2 33 is insufficient to make the aid payments under 34 subsection 2 and section 257.11, subsection 8, the 35 director of the department of management shall prorate 36 the payments on the basis of the amount appropriated." 37 2. Page 13, by inserting after line 18 the 38 following: 39 "Sec. ___. Section 257.11, unnumbered paragraph 1, 40 Code 1997, is amended to read as follows: 41 In order to provide additional funds for school 42 districts that offer school-to-work or career pathways 43 programs as provided in section 256.38 or 256.39, or 44 which send their resident pupils to another school 45 district or to a community college for classes, which 46 jointly employ and share the services of teachers 47 under section 280.15, which use the services of a 48 teacher employed by another school district, or which 49 jointly employ and share the services of a school 50 superintendent under section 280.15 or 273.7A, a Page 2 1 supplementary weighting plan for determining 2 enrollment is adopted as follows: 3 Sec. ___. Section 257.11, Code 1997, is amended by 4 adding the following new subsection: 5 NEW SUBSECTION. 8. SCHOOL-TO-WORK OR CAREER 6 PATHWAYS PROGRAMS. For the budget year commencing 7 July 1, 1998, and for each succeeding budget year, 8 resident pupils enrolled in grades nine through twelve 9 within the district who are participating in a school- 10 to-work program which meets the objectives identified 11 in section 256.38, subsection 2, or which meets 12 requirements identified in section 256.39, subsection 13 2, shall be assigned an additional weighting of two- 14 tenths of one pupil, subject to the provisions of 15 section 256.39A, subsection 3." 16 3. Page 15, by inserting after line 1 the 17 following: 18 "Sec. ___. Section 257.16, unnumbered paragraph 1, 19 Code 1997, is amended to read as follows: 20 There is appropriated each year from the general 21 fund of the state an amount necessary to pay the 22 foundation aid and supplementary aid under section 23 257.4, subsection 2, except as limited in section 24 256.39A." 25 4. Page 23, by inserting after line 21 the 26 following: 27 "Sec. 101. INITIAL YEAR ENROLLMENT CERTIFICATION 28 - INITIAL YEAR EXEMPTION. For the fiscal year 29 beginning July 1, 1998, and ending June 30, 1999, to 30 qualify for funding under section 257.11, subsection 31 8, a school district shall certify to the department 32 of education, by June 30, 1998, the number of pupils 33 who were counted in the basic enrollment of the school 34 district on the third Friday of September of the 1997- 35 1998 school year who were participating in a school- 36 to-work program as identified in section 256.38, or a 37 career pathways program as identified in section 38 256.39. The department of education shall promptly 39 forward the information on additional enrollment 40 because of school-to-work or career pathways program 41 participation to the department of management. For 42 the fiscal year beginning July 1, 1998, and ending 43 June 30, 1999, the department of management shall pay 44 supplementary aid as provided in section 256.39A and 45 section 257.11, subsection 8, on the basis of this 46 additional enrollment. Notwithstanding section 47 256.39A, subsection 1, a school district is exempt 48 from the requirements of section 256.39A relating to 49 measurement instruments and assessment results for the 50 fiscal year beginning July 1, 1998, and ending June Page 3 1 30, 1999." 2 5. Page 23, by inserting after line 39 the 3 following: 4 "Sec. ___. EFFECTIVE DATE. Section 101 of this 5 Act, relating to initial year enrollment 6 certification, being deemed of immediate importance, 7 takes effect upon enactment." 8 6. By renumbering as necessary. Brunkhorst of Bremer rose on a point of order that amendment H-8674, to amendment H-8616, was not germane. The Speaker ruled the point well taken and amendment H-8674 not germane. Falck of Fayette asked for unanimous consent to suspend the rules to consider amendment H-8674, to amendment H-8616. Objection was raised. Falck of Fayette moved to suspend the rules to consider amendment H-8674, to amendment H-8616. Roll call was requested by Wise of Lee and Brunkhorst of Bremer. On the question "Shall the rules be suspended to consider amendment H-8674, to amendment H-8616?" (S.F. 2366) The ayes were, 45: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer 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 The nays were, 53: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Carroll Churchill Cormack Dinkla Dix 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 Fossen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 2: Brunkhorst Van Maanen The motion to suspend the rules lost. Mascher of Johnson offered the following amendment H-8682, to amendment H-8616, filed by her and moved its adoption: H-8682 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 7, by inserting after line 3 the 5 following: 6 "___. For purposes of this section, and in 7 addition to the definition provided in subsection 1, 8 "teacher" also means a counselor who is a practitioner 9 as defined in section 272.1. For purposes of this 10 section, "national board for professional teaching 11 standards" means the national board for professional 12 teaching standards or the national board for certified 13 counselors, inc." 14 2. By renumbering as necessary. Amendment H-8682 lost. Richardson of Warren offered the following amendment H-8668, to amendment H-8616, filed by him and moved its adoption: H-8668 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 9, line 3, by inserting after the figure 5 "2." the following: "The board of directors may 6 contract with a public or private postsecondary 7 institution with an approved practitioner preparation 8 program, or with a member of the instructional staff 9 of an approved practitioner preparation program, to 10 perform the duties of the district facilitator in 11 accordance with this chapter." Amendment H-8668 was adopted. Richardson of Warren offered the following amendment H-8669, to amendment H-8616, filed by him and moved its adoption: H-8669 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 10, line 15, by inserting after the word 5 "plan," the following: "to provide for a stipend for 6 the district facilitator, and". Amendment H-8669 was adopted. Grundberg of Polk asked and received unanimous consent that amendments H-8696 and H-8712, to amendment H-8616, be deferred. Connors of Polk asked and received unanimous consent to withdraw amendment H-8688A, to amendment H-8616. Connors of Polk offered the following amendment H-8740, to amendment H-8616, filed by him from the floor and moved its adoption: H-8740 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. By striking page 21, line 5, through page 22, 5 line 18 and inserting the following: 6 "Sec. ___. Section 294A.1, unnumbered paragraph 1, 7 Code 1997, is amended to read as follows: 8 The purpose of this chapter is to promote 9 excellence in education. In order to maintain and 10 advance the educational excellence in the state of 11 Iowa, this chapter establishes the Iowa educational 12 excellence program. The program shall consist of 13threetwo major phases addressing the following: 14 Sec. ___. Section 294A.10, subsections 1 and 2, 15 Code 1997, are amended by striking the subsections." 16 2. Page 22, by inserting after line 39 the 17 following: 18 "Sec. ___. Section 294A.25, Code Supplement 1997, 19 is amended by adding the following new subsection: 20 NEW SUBSECTION. 2A. For the fiscal year beginning 21 July 1, 1998, and ending June 30, 1999, a supplemental 22 allocation amount of thirteen million three hundred 23 three thousand five hundred thirteen dollars for phase 24 II distribution as provided in section 294A.9." 25 3. Page 22, by inserting after line 50 the 26 following: 27 "Sec. ___. Sections 294A.4 through 294A.6, Code 28 1997, are repealed. 29 Sec. ___. DIRECTIONS TO CODE EDITOR. With the 30 enactment of section 102 of this Act, the Iowa Code 31 editor shall revise references in the Code to phase I, 32 phase II, and phase III of the educational excellence 33 program established in chapter 294A to instead refer 34 to phase I as the retention of quality teachers, and 35 phase II as the enhancement of the quality and 36 effectiveness of teachers through the utilization of 37 performance pay. The references revised by the Code 38 editor pursuant to this section shall take effect July 39 1, 1998. The reference changes considered by the Code 40 editor shall include but are not limited to the 41 following: sections 256.18, 258.17, 282.18, 294A.1, 42 294A.3, 294A.10, 294A.12 through 294A.16, 294A.18 43 through 294A.20, 294A.22, 294A.23, and 294A.25." 44 4. By renumbering as necessary. Amendment H-8740 lost. Richardson of Warren offered the following amendment H-8743, to amendment H-8616, filed by him from the floor and moved its adoption: H-8743 1 Amend the amendment, H-8616, to Senate File 2366 as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by inserting after line 13 the 5 following: 6 "Of the funds appropriated in this subsection, 7 $300,000 shall be used to provide grants in the amount 8 of $50,000 each to six school districts for extended 9 year school pilot projects, and the department of 10 education shall expend up to $75,000 to contract with 11 an accredited private postsecondary institution or an 12 institution of higher learning under the control of 13 the state board of regents to conduct a study of the 14 effectiveness of extended school years on student 15 achievement." 16 2. By renumbering as necessary. Amendment H-8743 was adopted. Grundberg of Polk offered the following amendment H-8712, to amendment H-8616, filed by her and moved its adoption: H-8712 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 21, by inserting after line 41 the 5 following: 6 "4. Notwithstanding subsections 2 and 3, for the 7 fiscal year beginning July 1, 1999, and each 8 succeeding year, the total minimum salary supplement 9 paid to a school district under phase I for the school 10 year shall be reduced by the amount of five hundred 11 dollars per teacher per year until the total minimum 12 salary supplement amount equals the amount paid to the 13 school district for the school year beginning July 1, 14 1997, and ending June 30, 1998. This subsection shall 15 not be construed to permit a negative impact on a 16 teacher's annual salary as specified in a teacher's 17 contract pursuant to the salary schedule adopted by 18 the board of directors or negotiated under chapter 20, 19 or to otherwise control a teacher's placement on a 20 salary schedule adopted by the board of directors or 21 negotiated under chapter 20. The total amount of the 22 annual reduction required under this section for the 23 fiscal year shall be considered a supplemental 24 allocation amount for purposes of sections 294A.9 and 25 294A.25." 26 2. Page 21, by striking lines 47 and 48 and 27 inserting the following: "salary supplement, in 28 accordance with section 294A.5, to be paid to". 29 3. By renumbering as necessary. Amendment H-8712 lost. Grundberg of Polk offered the following amendment H-8696 filed by her and moved its adoption: H-8696 1 Amend the amendment, H-8616, to Senate File 2366, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. By striking page 21, line 5, through page 22, 5 line 18, and inserting the following: 6 "Sec. ___. NEW SECTION. 294A.5A MINIMUM SALARY 7 SUPPLEMENT - TEMPORARY. 8 1. Notwithstanding section 294A.5, for each year 9 of the fiscal period beginning July 1, 1998, and 10 ending June 30, 2001, the minimum annual salary paid 11 to a full-time teacher as regular compensation shall 12 be twenty-three thousand dollars. 13 2. The minimum salary supplement shall be the sum 14 of the following, as applicable: 15 a. For the school year beginning July 1, 1998, for 16 phase I, each school district and area education 17 agency shall certify to the department of education by 18 the third Friday in September the names of all 19 teachers employed by the district or area education 20 agency whose regular compensation is less than twenty- 21 three thousand dollars per year for that year and the 22 amounts needed as minimum salary supplements. The 23 minimum salary supplement for each eligible teacher is 24 the total of the difference between twenty-three 25 thousand dollars and the teacher's regular 26 compensation plus the amount required to pay the 27 employer's share of the federal social security and 28 Iowa public employees' retirement system, or a pension 29 and annuity retirement system established under 30 chapter 294, payments on the additional salary moneys. 31 However, for purposes of this paragraph, a teacher's 32 regular compensation for the school year beginning 33 July 1, 1998, shall not be lower than eighteen 34 thousand dollars. 35 b. The total minimum salary supplement paid to a 36 school district under phase I for the school year 37 beginning July 1, 1997. 38 3. The board of directors shall report the 39 salaries of teachers employed on less than a full-time 40 equivalent basis, and the amount of minimum salary 41 supplement shall be prorated." 42 2. By renumbering as necessary. Amendment H-8696 lost. Falck of Fayette asked and received unanimous consent to withdraw amendment H-8744, to amendment H-8616, filed by him from the floor. Rants of Woodbury rose on a point of order that amendment H-8616, as amended, was not germane. The Speaker ruled the point well taken and amendment H-8616 not germane. Siegrist of Pottawattamie moved to suspend the rules to consider amendment H-8616, as amended. Roll call was requested by Schrader of Marion and Siegrist of Pottawattamie. On the question "Shall the rules be suspended to consider amendment H-8616, as amended?" (S.F. 2366) The ayes were, 52: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Cormack Dinkla Dix Dolecheck Drake Eddie 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 Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett The nays 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 Absent or not voting, 1: Van Maanen The motion to suspend the rules prevailed. Gries of Crawford moved the adoption of amendment H-8616, as amended. Gipp of Winneshiek in the chair at 4:58 p.m. Speaker Corbett in the chair at 5:28 p.m. Roll call was requested by Millage of Scott and Wise of Lee. Rule 75 was invoked. On the question "Shall amendment H-8616, as amended, be adopted?" (S.F. 2366) The ayes were, 51: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Dinkla Dix Dolecheck Drake Eddie Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett The nays were, 49: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Cormack Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Garman Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Meyer Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt Absent or not voting, none. Amendment H-8616, as amended, was adopted placing out of order amendments H-8284, H-8274, and H-8285, all to amendment 8616, filed by Richardson of Warren on March 10, 1998. Gries of Crawford moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2366) The ayes were, 52: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Cormack Dinkla Dix Dolecheck Drake Eddie Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett The nays were, 47: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors 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 Absent or not voting, 1: Meyer 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 2366 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 March 26, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 382, a bill for an act relating to the validity of certain marriages. Also: That the Senate has on March 26, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 2290, a bill for an act relating to the civil damages and penalties for the illegal taking of antlered deer. Also: That the Senate has on March 26, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2392, a bill for an act relating to permitting the display of new motor trucks by nonresident motor vehicle dealers at qualified events in this state, establishing a fee, and providing an effective date. Also: That the Senate has on March 26, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 2394, a bill for an act providing for service of one hundred percent of the maximum sentence by and the suspension of a driver's license of a person charged with homicide by vehicle. Also: That the Senate has on March 26, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2402, a bill for an act to amend the crime of burglary in the first degree to include commission of sexual abuse as a possible element of the offense. Also: That the Senate has on March 26, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2468, a bill for an act establishing an electronic benefits transfer program in the department of human services. Also: That the Senate has on March 26, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 2472, a bill for an act relating to fines imposed for violations of city or county ordinances or city or county infractions and providing an effective date. Also: That the Senate has on March 26, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 2473, a bill for an act providing for mediation in disputes involving agricultural producers. Also: That the Senate has on March 26, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 2514, a bill for an act relating to motor vehicle operation and motor vehicles, carriers and motor trucks, and penalties and hazardous materials, including weight requirements and transportation of hazardous materials, and providing an effective date. MARY PAT GUNDERSON, Secretary SENATE MESSAGE CONSIDERED Senate File 2280, by committee on appropriations, a bill for an act relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the Iowa department of public health, the department of human rights, the governor's alliance on substance abuse, and the commission of veterans affairs, and providing effective dates. Read first time and referred to committee on appropriations. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Thirty-five 4-H members from Jones county. By Boddicker of Cedar and Welter of Jones. Nine Girl and Boy Scouts from Southeast Polk, Altoona, accompanied by Jan Hendrickson and Mary Large. By Metcalf of Polk. Fifty-four 6th grade students from Nashua Elementary, Nashua, accompanied by Ed Andersen, Paul Szalkowski and Brian Ortman. By Weigel of Chickasaw. CERTIFICATE OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that a certificate of recognition has been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1998\345 Albert and Maxiene Kann, Fairfield - For celebrating their 60th wedding anniversary. SUBCOMMITTEE ASSIGNMENTS House File 2383 Ways and Means: Hansen, Chair; Osterhaus and Van Fossen. House File 2431 Ways and Means: Hansen, Chair; Osterhaus and Van Fossen. RESOLUTION FILED SCR 101, by Horn, a concurrent resolution recognizing the notable achievements of the Jefferson High School Marching Band from Cedar Rapids, Iowa. Laid over under Rule 25. AMENDMENTS FILED H-8730 H.F. 2539 Myers of Johnson H-8732 H.F. 2533 Shoultz of Black Hawk H-8733 S.F. 2109 Richardson of Warren H-8734 H.F. 2473 Senate Amendment H-8735 H.F. 2394 Senate Amendment H-8736 H.F. 2498 Murphy of Dubuque H-8737 H.F. 2498 Murphy of Dubuque Cataldo of Polk H-8738 S.F. 2329 Veenstra of Sioux Holveck of Polk H-8739 S.F. 58 Doderer of Johnson Connors of Polk Witt of Black Hawk Jochum of Dubuque Wise of Lee Ford of Polk Cohoon of Des Moines Larkin of Lee Whitead of Woodbury Foege of Linn Dotzler of Black Hawk Taylor of Linn Bernau of Story Chiodo of Polk Mascher of Johnson Fallon of Polk Richardson of Warren Koenigs of Mitchell Myers of Johnson Osterhaus of Jackson Kreiman of Davis Kinzer of Scott Scherrman of Dubuque H-8741 H.F. 382 Senate Amendment H-8742 H.F. 2539 Whitead of Woodbury H-8745 H.F. 2498 Chiodo of Polk H-8746 H.F. 2538 Weigel of Chickasaw H-8747 S.F. 187 Barry of Harrison H-8748 S.F. 2280 Thomson of Linn H-8749 S.F. 2380 Weigel of Chickasaw H-8750 S.F. 2380 Weigel of Chickasaw H-8751 S.F. 2380 Weigel of Chickasaw H-8752 S.F. 2391 Heaton of Henry H-8753 S.F. 58 Bernau of Story H-8754 S.F. 2380 Brand of Tama H-8755 S.F. 2406 Ford of Polk Foege of Linn H-8756 S.F. 2312 Murphy of Dubuque H-8757 S.F. 2380 Holveck of Polk H-8758 H.F. 2290 Senate Amendment H-8759 H.F. 2472 Senate Amendment H-8760 H.F. 2514 Senate Amendment On motion by Siegrist of Pottawattamie, the House adjourned at 6:10 p.m., until 10:00 a.m., Monday, March 30, 1998.
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