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Seventy-eighth Calendar Day - Fifty-second Session Day Hall of the House of Representatives Des Moines, Iowa, Monday, March 30, 1998 The House met pursuant to adjournment at 10:05 a.m., Speaker pro tempore Van Maanen of Marion in the chair. Prayer was sung by a Quartet from Pella Christian High School, Pella. The Journal of Thursday, March 26, 1998 was approved. THE PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by the Quartet from Pella Christian High School, Pella. LEAVE OF ABSENCE Leave of absence was granted as follows: Larson of Linn, until his arrival, on request of Siegrist of Pottawattamie. CONSIDERATION OF BILLS Regular Calendar Senate File 2113, a bill for an act relating to driver and motor vehicle licensing, reporting, and registration, with report of committee recommending passage, was taken up for consideration. 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. 2113) The ayes were, 91: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Cohoon Connors Corbett, Spkr. Cormack 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 Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Lord Martin Mascher May Mertz Metcalf Meyer Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Teig Thomas Thomson Tyrrell Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 9: Chiodo Churchill Dinkla Ford Jenkins Larson Moreland Taylor Van Fossen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 2348, a bill for an act relating to the locations at which shared public school services may be made available to nonpublic school students, with report of committee recommending passage, was taken up for consideration. Garman of Story moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2348) The ayes were, 91: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Cohoon Connors Corbett, Spkr. Cormack 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 Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Lord Martin Mascher May Mertz Metcalf Meyer Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Teig Thomas Thomson Tyrrell Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 9: Chiodo Churchill Dinkla Ford Jenkins Larson Moreland Taylor Van Fossen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. SENATE AMENDMENT CONSIDERED Rants of Woodbury called up for consideration House File 2272, a bill for an act requiring the state board of education to adopt rules relating to the incorporation of accountability for student achievement into the education standards and accreditation process, amended by the Senate amendment H-8625 as follows: H-8625 1 Amend House File 2272 as follows: 2 1. By striking everything after the enacting 3 clause and inserting the following: 4 "Section 1. Section 256.7, Code 1997, is amended 5 by adding the following new subsection: 6 NEW SUBSECTION. 21. Develop and adopt rules by 7 July 1, 1999, incorporating accountability for student 8 achievement into the standards and accreditation 9 process described in section 256.11. The rules shall 10 provide for all of the following: 11 a. Requirements that all school districts and 12 accredited nonpublic schools develop, implement, and 13 file with the department a comprehensive school 14 improvement plan that includes, but is not limited to, 15 demonstrated school, parental, and community 16 involvement in assessing educational needs, 17 establishing local education standards and student 18 achievement levels, and, as applicable, the 19 consolidation of federal and state planning, goal- 20 setting, and reporting requirements. 21 b. A set of core academic indicators in 22 mathematics and reading in grades four, eight, and 23 eleven, a set of core academic indicators in science 24 in grades eight and eleven, and another set of core 25 indicators that includes, but is not limited to, 26 graduation rate, postsecondary education, and 27 successful employment in Iowa. Annually, the 28 department shall report state data for each indicator 29 in the condition of education report. 30 c. A requirement that all school districts and 31 accredited nonpublic schools annually report to the 32 department and the local community the district-wide 33 progress made in attaining student achievement goals 34 on the academic and other core indicators and the 35 district-wide progress made in attaining locally 36 established student learning goals. The school 37 districts and accredited nonpublic schools shall 38 demonstrate the use of multiple assessment measures in 39 determining student achievement levels. The school 40 districts and accredited nonpublic schools may report 41 on other locally determined factors influencing 42 student achievement. The school districts and 43 accredited nonpublic schools shall also report to the 44 local community their results by individual attendance 45 center." Rants of Woodbury asked and received unanimous consent to withdraw amendment H-8645, to the Senate amendment H-8625, filed by him on March 24, 1998. On motion by Rants of Woodbury, the House concurred in the Senate amendment H-8625. Rants of Woodbury 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. 2272) The ayes were, 92: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack 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 Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Lord Martin Mascher May Mertz Metcalf Meyer Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Teig Thomas Thomson Tyrrell Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 8: Churchill Dinkla Jenkins Larson Moreland Taylor Van Fossen Vande Hoef 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 2113, 2348 and House File 2272. Regular Calendar Senate File 2269, a bill for an act providing for the conversion of the existing advisory boards for athletic training and massage therapy into full regulatory examining boards, with report of committee recommending passage, was taken up for consideration. Nelson of Marshall 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. 2269) The ayes were, 92: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack 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 Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Lord Martin Mascher May Mertz Metcalf Meyer Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Shoultz Siegrist Sukup Teig Thomas Thomson Tyrrell Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 8: Churchill Dinkla Jenkins Larson Moreland Schrader Taylor Van Fossen 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 2269 be immediately messaged to the Senate. Unfinished Business Calendar House File 2533, 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, and the state board of regents, providing related statutory changes, and providing effective dates, was taken up for consideration. The House stood at ease at 10:38 a.m., until the fall of the gavel. The House resumed session at 12:00 p.m., Speaker pro tempore Van Maanen of Marion in the chair. On motion by Gipp of Winneshiek, the House was recessed at 12:00 p.m., until 1:00 p.m. (House File 2533 pending.) AFTERNOON SESSION The House reconvened at 1:05 p.m., Rants of Woodbury in the chair. LEAVE OF ABSENCE Leave of absence was granted as follows: O'Brien of Boone on request of Schrader of Marion; Holveck of Polk, until his return, on request of Taylor of Linn. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed seventy-eight members present, twenty-two absent. The House resumed consideration of House File 2533, pending at recess. Frevert of Palo Alto offered the following amendment H-8630 filed by her and moved its adoption: H-8630 1 Amend House File 2533 as follows: 2 1. Page 1, line 24, by striking the figure 3 "1,161,850" and inserting the following: "1,328,640". Amendment H-8630 lost. Warnstadt of Woodbury asked and received unanimous consent that amendment H-8610 be deferred. Mascher of Johnson offered the following amendment H-8572 filed by her and moved its adoption: H-8572 1 Amend House File 2533 as follows: 2 1. Page 1, by inserting after line 32 the 3 following: 4 "___. PRACTITIONER SHORTAGE LOAN PAYMENT PROGRAM 5 For purposes of providing forgivable loans under 6 the program established in section 261.111, if 7 enacted: 8 $ 300,000" 9 2. Page 28, by inserting after line 22 the 10 following: 11 "Sec. ___. NEW SECTION. 261.111 PRACTITIONER 12 SHORTAGE LOAN PAYMENT PROGRAM. 13 1. A practitioner shortage loan payment program is 14 established to be administered by the college student 15 aid commission as provided in this section. The 16 purpose of the loan payment program is to increase the 17 number of qualified teachers and administrators in 18 areas of the state experiencing a shortage of teachers 19 or administrators. An individual is eligible for the 20 program if the individual meets all of the following 21 conditions: 22 a. Is a resident of this state who is enrolled at 23 an institution of higher learning under the control of 24 the state board of regents or an accredited private 25 institution as defined in section 261.9. 26 b. Is enrolled in one or more of the subject areas 27 determined by the department of education as 28 experiencing a shortage of practitioners. 29 c. Has filed a loan application with the 30 commission. 31 d. Meets the requirements for a practitioner 32 shortage loan established in this chapter and by 33 administrative rule. 34 2. A practitioner shortage loan shall be awarded 35 for not more than the equivalent of two years and may 36 be awarded to an eligible individual under this 37 section if the individual agrees to serve as an 38 administrator for two years, or agrees to teach for 39 two years, in an area in this state that the 40 department of education has determined is experiencing 41 a shortage of practitioners. A loan awarded in 42 accordance with this section, and the interest that 43 accrues on the loan, shall not become due and payable 44 until one year after the individual graduates. If a 45 loan recipient submits evidence to the commission that 46 the recipient was employed as a practitioner in a 47 practitioner shortage area for a school year in 48 accordance with this section, fifty percent of the 49 principal amount of the loan and any interest accruing 50 on fifty percent of the principal amount of the loan Page 2 1 shall be canceled. If the recipient continues 2 employment as a practitioner in a practitioner 3 shortage area as provided in this section during the 4 next succeeding school year and submits evidence to 5 the commission of the continuation of employment as a 6 practitioner as agreed to in accordance with this 7 subsection, the recipient is not required to commence 8 repayment during that school year and at the end of 9 that school year the remaining principal amount of the 10 loan, and any interest accruing on the principal 11 amount of the loan, are canceled. 12 3. The interest rate on the loan shall be equal to 13 the interest rate collected by an eligible lender 14 under the Iowa guaranteed student loan program for the 15 year in which the loan is made. 16 4. The commission shall prescribe by rule the 17 terms of repayment. The commission shall set a final 18 date for submission of applications each year and 19 shall review the applications and inform the 20 recipients within a reasonable time after the 21 deadline. 22 5. The maximum loan a student is eligible to 23 receive annually is an amount equal to the tuition 24 rate established by institutions of higher learning 25 under the control of the state board of regents as 26 follows: 27 a. The annual resident undergraduate tuition rate 28 if the individual is enrolled in an approved 29 undergraduate practitioner preparation program. 30 b. The annual resident graduate tuition rate if 31 the individual is enrolled in an approved graduate 32 practitioner preparation program. 33 6. Eligible students may receive both a tuition 34 grant under this chapter and a practitioner shortage 35 loan. 36 7. A practitioner shortage loan payment fund is 37 established in the office of the treasurer of state 38 for deposit of payments made by loan recipients who do 39 not fulfill the cancellation conditions of the loan 40 program. Payments made by recipients on the loans 41 shall be used to supplement moneys appropriated to the 42 practitioner shortage loan payment program. 43 Notwithstanding section 8.33, moneys deposited in the 44 practitioner shortage loan payment fund shall not 45 revert to the general fund of the state at the end of 46 a fiscal year, but shall remain in the practitioner 47 shortage loan payment fund and be continuously 48 available to make additional loans under the program." 49 3. By renumbering, relettering, and redesignating 50 as necessary. Roll call was requested by Mascher of Johnson and Murphy of Dubuque. On the question "Shall amendment H-8572 be adopted?" (H.F. 2533) The ayes were, 46: Arnold Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Gries Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 48: Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Corbett, Spkr. Cormack Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Rants, Presiding Absent or not voting, 6: Churchill Dinkla Holveck Jenkins Nelson O'Brien Amendment H-8572 lost. Warnstadt of Woodbury offered the following amendment H-8578 filed by him and moved its adoption: H-8578 1 Amend House File 2533 as follows: 2 1. Page 3, line 12, by striking the figure 3 "3,103,788" and inserting the following: "3,128,788". 4 2. Page 3, by inserting after line 13 the 5 following: 6 "From the funds appropriated in this subsection, 7 $25,000 shall be used to plan and coordinate with 8 local and state agencies, other states, and the 9 federal national parks service, to administer 10 activities and programs leading up to and through, the 11 celebration of the Lewis and Clark bicentennial of 12 2003 through 2006." 13 3. Page 8, line 23, by striking the figure 14 "50,000" and inserting the following: "25,000". 15 4. Page 30, by striking lines 14 and 15 and 16 inserting the following: 17 "Sec. ___. Section 294A.25, subsection 9, Code 18 Supplement 1997, is amended by striking the subsection 19 and inserting in lieu thereof the following: 20 9. For the fiscal year beginning July 1, 1998, and 21 ending June 30, 1999, the amount of twenty-five 22 thousand dollars for support of the Iowa mathematics 23 and science coalition from additional funds 24 transferred from phase I to phase III." 25 5. By renumbering, relettering, and redesignating 26 as necessary. Amendment H-8578 lost. Chiodo of Polk asked and received unanimous consent to withdraw amendment H-8627 filed by him on March 24, 1998. Witt of Black Hawk offered the following amendment H-8575 filed by him and moved its adoption: H-8575 1 Amend House File 2533 as follows: 2 1. Page 4, line 12, by striking the figure 3 "711,757" and inserting the following: "1,000,000". Amendment H-8575 lost. Mascher of Johnson offered the following amendment H-8716 filed by her and moved its adoption: H-8716 1 Amend House File 2533 as follows: 2 1. Page 5, line 30, by striking the figure 3 "4,458,972" and inserting the following: "6,458,972". Amendment H-8716 lost. Grundberg of Polk asked and received unanimous consent to withdraw amendment H-8658 filed by her on March 24, 1998, placing amendment H-8698 filed by Grundberg of Polk on March 25, 1998, out of order. Mascher of Johnson offered the following amendment H-8661 filed by her and moved its adoption: H-8661 1 Amend House File 2533 as follows: 2 1. Page 7, line 26, by striking the figure 3 "2,937,098" and inserting the following: "3,254,098". 4 2. Page 7, by inserting after line 27 the 5 following: 6 "From the funds appropriated in this subsection, 7 $437,000 shall be used in addition to the amounts 8 budgeted by the division of libraries and information 9 services for the fiscal year beginning July 1, 1998, 10 and ending June 30, 1999, to fully fund the open 11 access program, access plus program, and the state of 12 Iowa libraries online (SILO) program." Roll call was requested by Mascher of Johnson and Wise of Lee. Rule 75 was invoked. On the question "Shall amendment H-8661 be adopted?" (H.F. 2533) The ayes 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 Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 50: Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Larson Lord Martin Metcalf Meyer Millage Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Rants, Presiding Absent or not voting, 4: Dinkla Lamberti Nelson O'Brien Amendment H-8661 lost. Grundberg of Polk asked and received unanimous consent to withdraw amendment H-8676 filed by her on March 25, 1998. Grundberg of Polk offered amendment H-8728 filed by her. Division was requested as follows: H-8728 1 Amend House File 2533 as follows: H-8728A 2 1. Page 7, line 26, by striking the figure 3 "2,937,098" and inserting the following: "3,172,098". 4 2. Page 7, line 30, by striking the figure 5 "50,000" and inserting the following: "285,000". 6 3. Page 9, by striking line 26, and inserting the 7 following: 8 "If legislation providing for the creation of an 9 Iowa empowerment board, an Iowa empowerment fund, and 10 for the appropriation of moneys to be administered by 11 a community empowerment area, is enacted by the 12 Seventy-seventh General Assembly, 1998 Session, funds 13 shall not be". H-8728B 14 4. By striking page 9, line 29 through page 10, 15 line 1. H-8728A 16 5. Page 10, by striking lines 17 through 23. 17 6. Page 12, line 5, by striking the words 18 "conduct an audit" and inserting the following: 19 "require that audits of public school districts, 20 conducted in accordance with section 11.6, include an 21 examination and reporting". 22 7. Page 12, line 9, by inserting after the word 23 "districts." the following: "The auditor of state 24 shall compile information included in the individual 25 audit reports for submission by January 15, 2000, to 26 the general assembly." 27 8. Page 26, by striking lines 29 through 34 and 28 inserting the following: "to the department of 29 education for allocation to assist school districts in 30 developing reading recovery programs. From the moneys 31 allocated in this subsection, $100,000 shall be 32 distributed to the reading recovery center, and the 33 remaining balance shall be distributed to the area 34 education agencies in the proportion that the number 35 of children who are eligible for free or reduced price 36 meals under the federal National School Lunch Act and 37 the federal Child Nutrition Act of 1966, 42 U.S.C. "/g 38 1751-1785, in the basic enrollment of grades one 39 through six in the area served by an agency, bears to 40 the sum of the number of children who are eligible for 41 free or reduced price meals under the federal National 42 School Lunch Act and the federal Child Nutrition Act 43 of 1966, 42 U.S.C. "/g" 1751-1785, in the basic 44 enrollments of grades one through six in all of the 45 areas served by area education agencies in the state 46 for the budget year." 47 9. Page 30, line 25, by striking the word 48 "subsection" and inserting the following: 49 "subsections". 50 10. Page 30, by inserting after line 25 the Page 2 1 following: 2 "NEW SUBSECTION. 10A. For the fiscal year 3 beginning July 1, 1998, and ending June 30, 1999, the 4 amount of thirty-five thousand dollars from phase III 5 moneys to the department of education for allocation 6 to the Sioux City community school district for 7 purposes of developing and implementing a listening 8 curriculum." 9 11. Page 34, by inserting after line 10 the 10 following: 11 "Sec. ___. CONTINGENT APPROPRIATION. In the event 12 the funds transferred in accordance with section 13 257B.1A are not received by the department of 14 education in the fiscal year beginning July 1, 1998, 15 and ending June 30, 1999, for allocation to assist 16 school districts in developing reading recovery 17 programs, in addition to the allocations provided for 18 in section 294A.25, there is allocated to the 19 department of education for the fiscal year beginning 20 July 1, 1998, and ending June 30, 1999, from phase III 21 moneys, $200,000, or so much thereof as is necessary, 22 for allocation to assist school districts in 23 developing reading recovery programs. From the moneys 24 allocated in this section, $100,000 shall be 25 distributed to the reading recovery center, and the 26 remaining balance shall be distributed to the area 27 education agencies in the proportion that the number 28 of children who are eligible for free or reduced price 29 meals under the federal National School Lunch Act and 30 the federal Child Nutrition Act of 1966, 42 U.S.C. "/g 31 1751-1785, in the basic enrollment of grades one 32 through six in the area served by an agency, bears to 33 the sum of the number of children who are eligible for 34 free or reduced price meals under the federal National 35 School Lunch Act and the federal Child Nutrition Act 36 of 1966, 42 U.S.C. "/g" 1751-1785, in the basic 37 enrollments of grades one through six in all of the 38 areas served by area education agencies in the state 39 for the budget year." 40 12. By renumbering as necessary. Grundberg of Polk moved the adoption of amendment H-8728A. Amendment H-8728A was adopted, placing amendment H-8643 filed by Scherrman, et al., on March 24, 1998, out of order. Grundberg of Polk moved the adoption of amendment H-8728B. Roll call was requested by Mascher of Johnson and Wise of Lee. On the question "Shall amendment H-8728B be adopted?" (H.F. 2533) The ayes were, 51: Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack 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 Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Rants, Presiding 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 Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt Absent or not voting, 3: Dinkla Nelson O'Brien Amendment H-8728B was adopted, placing amendment H-8664 filed by Mascher of Johnson on March 24, 1998, out of order. Witt of Black Hawk asked and received unanimous consent to withdraw amendment H-8571 filed by him on March 23, 1998. Mascher of Johnson offered amendment H-8577 filed by her. Division was requested as follows: H-8577 1 Amend House File 2533 as follows: H-8577A 2 1. Page 10, by striking lines 17 through 23. H-8577B 3 2. Page 12, by striking lines 17 through 19 and 4 inserting the following: "fiscal year 1998-1999. 5 Priority for training shall be given to teachers 6 employed by school districts and accredited nonpublic 7 schools in Iowa. The department shall make every 8 reasonable effort to". H-8577A 9 3. Page 30, line 25, by striking the word 10 "subsection" and inserting the following: 11 "subsections". 12 4. Page 30, by inserting after line 25 the 13 following: 14 "NEW SUBSECTION. 10A. For the fiscal year 15 beginning July 1, 1998, and ending June 30, 1999, the 16 amount of thirty-five thousand dollars from phase III 17 moneys to the department of education for allocation 18 to the Sioux City community school district for 19 purposes of developing and implementing a listening 20 curriculum." 21 5. By renumbering, relettering, and redesignating 22 as necessary. Mascher of Johnson asked and received unanimous consent to withdraw amendment H-8577A. Shoultz of Black Hawk offered amendment H-8727 filed by him as follows: H-8727 1 Amend House File 2533 as follows: 2 1. Page 10, line 25, by inserting before the word 3 "For" the following: "a." 4 2. Page 11, by inserting after line 12 the 5 following: 6 "b. For community colleges with limited English 7 proficient student instruction program costs that the 8 department of education determines are high relative 9 to instruction program costs for other limited English 10 proficient student instruction programs in the state: 11 $ 1,000,000 12 A community college with a limited English 13 proficient student instruction program may submit an 14 application to the department of education, on a form 15 developed by the department, for assistance pursuant 16 to this paragraph by November 1 of the school year in 17 which the community college seeks assistance. In 18 distributing funds, the department shall consider the 19 size, diversity, and enrollment trends of the school 20 district, the relative economic wealth and property 21 tax base of the community college district in 22 comparison to other applying community college 23 districts, and the efforts the community college has 24 undertaken to develop and monitor limited English 25 proficient student assimilation into the community 26 college population. Preference shall be given to 27 community colleges that have a limited English 28 proficient student enrollment within the upper twenty- 29 five percent of all limited English proficient student 30 instruction program enrollments in the state's 31 community colleges, as determined by the department of 32 education. 33 Assistance payments shall be made to community 34 colleges in accordance with this paragraph beginning 35 with a December 15 payment. Funds shall be expended 36 solely for purposes related to limited English 37 proficient student program instruction. 38 Notwithstanding section 8.33, the moneys appropriated 39 in this paragraph that remain unencumbered and 40 unobligated at the close of the fiscal year shall not 41 revert to the general fund but shall remain available 42 for expenditure for the purposes designated during the 43 succeeding fiscal year." 44 3. Page 29, by inserting after line 12 the 45 following: 46 "Sec. ___. Section 280.4, Code 1997, is amended by 47 adding the following new subsection: 48 NEW SUBSECTION. 4. a. There is appropriated 49 annually from the general fund of the state to the 50 school budget review committee the sum of one million Page 2 1 dollars, or so much thereof as is necessary, to be 2 awarded by the committee to school districts with 3 limited English proficient student instruction program 4 costs which, in the judgment of the committee, are 5 high relative to instruction program costs for other 6 limited English proficient student instruction 7 programs in the state. Amounts awarded shall be in 8 addition to any supplemental aid or modified allowable 9 growth provided to a school district pursuant to 10 subsection 3. 11 b. A school district with a limited English 12 proficient student instruction program may submit an 13 application, on a form developed by the department of 14 education, for assistance pursuant to this subsection 15 to the school budget review committee by November 1 of 16 the school year in which the school district seeks 17 assistance. In making awards, the committee shall 18 consider the size, diversity, and enrollment trends of 19 the school district, the relative economic wealth and 20 property tax base of the school district in comparison 21 to other applying school districts, and the efforts 22 the school district has undertaken to develop and 23 monitor limited English proficient student 24 assimilation into the school district population. 25 Preference shall be given to school districts which 26 have previously received or are currently receiving 27 supplemental aid or modified allowable growth from the 28 committee for a limited English proficient student 29 instruction program pursuant to subsection 3 and which 30 have a limited English proficient student enrollment 31 within the upper twenty-five percent of all limited 32 English proficient student instruction program 33 enrollments in the state, as determined by the 34 department of management. 35 c. Assistance payments shall be made to school 36 districts receiving an award in the manner provided in 37 section 257.16, beginning with a December 15 payment, 38 with the exception that funds shall be expended solely 39 for purposes related to limited English proficient 40 student program instruction. Notwithstanding section 41 8.33, the moneys appropriated in subsection 1 that 42 remain unencumbered and unobligated at the close of 43 the fiscal year shall not revert to the general fund 44 but shall remain available for expenditure for the 45 purposes designated during the succeeding fiscal 46 year." 47 4. By renumbering as necessary. Shoultz of Black Hawk offered the following amendment H-8732, to amendment H-8727, filed by him and moved its adoption: H-8732 1 Amend the amendment, H-8727, to House File 2533 as 2 follows: 3 1. Page 1, line 20, by inserting after the word 4 "district," the following: "the number of students 5 served in the limited English proficient student 6 instruction program at the community college,". 7 2. Page 1, by striking lines 26 through 32 and 8 inserting the following: "college population." 9 3. Page 2, line 19, by inserting after the word 10 "district," the following: "the number of students 11 served in the limited English proficient student 12 instruction program by the school district,". 13 4. Page 2, by striking lines 25 through 34. Amendment H-8732 was adopted. Division of amendment H-8727 was requested as follows: Division A - Page 1, lines 2 through 43. Division B - Page 1, lines 44 through 50; all of page 2. Shoultz of Black Hawk moved the adoption of amendment H-8727A, as amended. Roll call was requested by Shoultz of Black Hawk and Myers of Johnson. On the question "Shall amendment H-8727A, as amended, be adopted?" (H.F. 2533) The ayes were, 43: Bell Bernau Brand Bukta Burnett Cataldo Chiodo Cohoon Connors Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers 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 Corbett, Spkr. Cormack Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Rants, Presiding Absent or not voting, 6: Chapman Dinkla Doderer Jenkins Nelson O'Brien Amendment H-8727A lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Dinkla of Guthrie, until his arrival, on request of Speaker Corbett. Frevert of Palo Alto offered the following amendment H-8629 filed by Frevert, et al., and moved its adoption: H-8629 1 Amend House File 2533 as follows: 2 1. By striking page 10, line 30, through page 11, 3 line 12, and inserting the following: 4 " $ 137,566,337 5 The funds appropriated in this subsection shall be 6 allocated as follows: 7 a. Merged Area I $ 6,601,368 8 b. Merged Area II $ 7,746,097 9 c. Merged Area III $ 7,256,677 10 d. Merged Area IV $ 3,539,471 11 e. Merged Area V $ 7,390,746 12 f. Merged Area VI $ 6,881,443 13 g. Merged Area VII $ 9,854,527 14 h. Merged Area IX $ 12,086,845 15 i. Merged Area X $ 18,884,153 16 j. Merged Area XI $ 20,124,470 17 k. Merged Area XII $ 7,938,929 18 l. Merged Area XIII $ 8,144,630 19 m. Merged Area XIV $ 3,590,602 20 n. Merged Area XV $ 11,240,113 21 o. Merged Area XVI $ 6,286,266"~ Speaker Corbett in the chair at 2:55 p.m. Roll call was requested by Mascher of Johnson and Grundberg of Polk. Rule 75 was invoked. On the question "Shall amendment H-8629 be adopted?" (H.F. 2533) The ayes were, 45: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 52: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Cormack 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 Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 3: Dinkla Nelson O'Brien Amendment H-8629 lost. Mascher of Johnson moved the adoption of amendment H-8577B. Amendment H-8577B was adopted. Witt of Black Hawk offered the following amendment H-8576 filed by him and moved its adoption: H-8576 1 Amend House File 2533 as follows: 2 1. Page 14, line 15, by inserting after the word 3 "enacted," the following: "and upon the request of a 4 public radio broadcaster". 5 2. Page 14, by striking lines 17 and 18 and 6 inserting the following: "tower space availability 7 and related cost efficiencies for broadcast antennas 8 and associated equipment for the transmission of 9 public radio station broadcasts." Amendment H-8576 was adopted. Frevert of Palo Alto asked and received unanimous consent that amendment H-8631 be deferred. Millage of Scott offered the following amendment H-8363 filed by him and moved its adoption: H-8363 1 Amend House File 2533 as follows: 2 1. Page 14, line 29, by striking the figure 3 "1,177,174" and inserting the following: "1,188,254". 4 2. Page 20, by striking lines 28 through 30. Amendment H-8363 was adopted. Mascher of Johnson offered the following amendment H-8420 filed by her and moved its adoption: H-8420 1 Amend House File 2533 as follows: 2 1. Page 19, by inserting after line 25 the 3 following: 4 "___. HEALTH AND INDEPENDENCE OF ELDERLY IOWANS 5 INITIATIVE 6 For an initiative for the health and independence 7 of elderly Iowans in the Iowa center on aging: 8 $ 336,000" 9 2. By renumbering as necessary. Amendment H-8420 lost. Brunkhorst of Bremer offered the following amendment H-8358 filed by him and moved its adoption: H-8358 1 Amend House File 2533 as follows: 2 1. Page 24, by striking line 35 and inserting the 3 following: "regents institutions, including but not 4 limited to the southwest Iowa graduate studies center, 5 the tristate graduate center, and the quad cities 6 graduate studies center; the tuition revenues from 7 each program;". 8 2. By renumbering, relettering, and redesignating 9 as necessary. Amendment H-8358 was adopted. Frevert of Palo Alto offered the following amendment H-8628 filed by her and moved its adoption: H-8628 1 Amend House File 2533 as follows: 2 1. Page 26, by striking lines 4 and 5. 3 2. By striking page 26, line 17, through page 27, 4 line 3. 5 3. By striking page 27, line 32, through page 28, 6 line 11. 7 4. Page 29, by striking lines 5 through 12. 8 5. Page 33, by striking lines 18 through 26 and 9 inserting the following: 10 "Sec. ___. Chapter 303C, Code 1997, is repealed." 11 6. By renumbering, relettering, and redesignating 12 as necessary. Roll call was requested by Wise of Lee and Grundberg of Polk. On the question "Shall amendment H-8628 be adopted?" (H.F. 2533) The ayes were, 45: Bell Bernau Brand Bukta Burnett Cataldo Chapman Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers 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 Cormack 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 Fossen Van Maanen Vande Hoef Veenstra Weidman Mr. Speaker Corbett Absent or not voting, 4: Chiodo Dinkla Greiner O'Brien Amendment H-8628 lost. Mascher of Johnson offered amendment H-8569 filed by her as follows: H-8569 1 Amend House File 2533 as follows: 2 1. Page 26, by inserting after line 5 the 3 following: 4 "Sec. ___. Section 256.11, Code 1997, is amended 5 by adding the following new subsection: 6 NEW SUBSECTION. 9. Unless a waiver has been 7 obtained under section 256.11A, each school or school 8 district shall have the following: 9 a. A media center in each attendance center which 10 shall be accessible to students throughout the school 11 day. 12 b. A qualified school media specialist who shall 13 meet the licensing standards prescribed by the board 14 of educational examiners and shall be responsible for 15 supervision of the media centers. 16 c. An articulated sequential elementary-secondary 17 guidance program for grades kindergarten through 18 twelve. The guidance counselor shall meet the 19 licensing standards prescribed by the board of 20 educational examiners. 21 In determining the requirements of this subsection 22 for nonpublic schools, the department shall evaluate 23 the schools on a school system basis rather than on an 24 individual school basis. 25 Sec. ___. Section 256.11A, subsections 1 and 2, 26 Code 1997, are amended to read as follows: 27 1. Schools and school districtsunable to meet the28standard adopted by the state board requiring each29school or school district operating a kindergarten30through grade twelve program to provide an articulated31sequential elementary-secondary guidance programmay, 32 not later than August 1,19951998, for the school 33 year beginning July 1,19951998, file a written 34 request to the department of education that the 35 department waive the requirement,forestablished in 36 section 256.11, subsection 9, that a school or school 37 district operating a kindergarten through grade twelve 38 program, provide an articulated sequential elementary- 39 secondary guidance program. The procedures specified 40 in subsection 3 apply to the request. Not later than 41 August 1,19961999, for the school year beginning 42 July 1,19961999, the board of directors of a school 43 district or the authorities in charge of a nonpublic 44 school may request a one-year extension of the waiver. 45 2. Not later than August 1,19951998, for the 46 school year beginning July 1,19951998, the board of 47 directors of a school district, or authorities in 48 charge of a nonpublic school, may file a written 49 request with the department of education that the 50 department waive therule adopted by the state boardPage 2 1to establish and operaterequirement for a media 2 services specialist and a media servicesprogram to3support the total curriculum for that district or4schoolcenter, established under section 256.11, 5 subsection 9, paragraphs "a" and "b". The procedures 6 specified in subsection 3 apply to the request. Not 7 later than August 1,19961999, for the school year 8 beginning July 1,19961999, the board of directors of 9 a school district or the authorities in charge of a 10 nonpublic school may request an additional one-year 11 extension of the waiver." 12 2. By renumbering, relettering, and redesignating 13 as necessary. Grundberg of Polk rose on a point of order that amendment H-8569 was not germane. The Speaker ruled the point well taken and amendment H-8569 not germane. Scherrman of Dubuque offered the following amendment H-8611 filed by him and Holveck of Polk and moved its adoption: H-8611 1 Amend House File 2533 as follows: 2 1. Page 26, by inserting after line 16 the 3 following: 4 "Sec. ___. NEW SECTION. 256.57 ENRICH IOWA 5 PROGRAM - INTENT - FUNDING. 6 1. The general assembly finds and declares that 7 the public library is at the heart of each community, 8 an integral component in this state's education 9 system, and an invaluable source of wisdom and 10 knowledge for this state's lifelong learners. It is 11 therefore in the interest of the citizens of Iowa that 12 a comprehensive initiative be undertaken to reduce 13 inequities in library services throughout the state 14 and provide public libraries with the funds necessary 15 to meet the present and future needs of this state's 16 citizens. 17 2. There is appropriated from the general fund of 18 the state to the department of education for each 19 fiscal year the sum of three million dollars, which 20 shall be allocated to the division of libraries and 21 information services for the following purposes and in 22 the following amounts: 23 a. Of the funds allocated each year, the division 24 shall distribute one million eight hundred thousand 25 dollars to eligible public libraries that comply with 26 the standards set forth in the in service to Iowa: 27 public library measures of quality publication adopted 28 by the commission of libraries. The amount 29 distributed to each eligible public library shall be 30 based upon the following: 31 (1) The level at which the eligible public library 32 complies with the in service to Iowa publication 33 adopted by the commission of libraries. 34 (2) The number of people residing within an 35 eligible library's geographic area and for whom the 36 library was established. 37 (3) The amount of funding the eligible public 38 library received in the previous fiscal year for 39 service to rural residents and to contracting 40 communities. 41 Moneys received by a public library under this 42 paragraph shall supplement, not supplant, local 43 funding. 44 b. For purposes of technology development, 45 coordination of technology, and resource sharing by 46 the state and regional libraries, resulting in 47 equitable access to library resources, the sum of six 48 hundred fifty thousand dollars to be used by the 49 division of libraries and information services. 50 Moneys allocated under this subsection shall also be Page 2 1 used to extend the availability of statewide on-line 2 databases using the Internet and information 3 resources. Moneys allocated to the division in this 4 paragraph may be distributed to regional libraries. 5 c. For purposes of establishing a grant program 6 administered by the division, the sum of four hundred 7 fifty thousand dollars. The division shall award 8 grants on a competitive basis to eligible public 9 libraries that submit to the division plans for 10 innovative technologies and services, cooperative 11 alliances between libraries, or for physical library 12 facilities enhancement. An application submitted 13 shall also contain a commitment of at least a dollar- 14 for-dollar match of the grant assistance. The 15 division shall appoint an advisory committee for 16 purposes of recommending priorities and criteria for 17 the awarding of grants under this paragraph. The 18 advisory committee shall submit its report and 19 recommendations annually to the state librarian and 20 the commission of libraries by August 15. 21 d. For purposes of administering the enrich Iowa 22 program, and assisting eligible public libraries to 23 obtain funding under the program, the sum of one 24 hundred thousand dollars. 25 3. For purposes of this section, "eligible public 26 library" means a public library that meets at least 27 all of the following requirements: 28 a. Submits to the division of libraries and 29 information services all of the following: 30 (1) The report provided for under section 256.51, 31 subsection 1, paragraph "h". 32 (2) An application and report form for 33 accreditation that provides evidence of the library's 34 compliance with at least one level of the standards 35 established in accordance with section 256.51, 36 subsection 1, paragraph "k". 37 (3) Any other application or report the division 38 deems necessary for the implementation of this 39 program. 40 b. Participates in the library resource and 41 information sharing programs established by the state 42 library. 43 4. By January 15 of each year, the division shall 44 submit a program evaluation report to the general 45 assembly and the governor detailing the uses and the 46 impacts of funds appropriated under this section. 47 5. Notwithstanding section 8.33, unencumbered or 48 unobligated funds remaining on June 30 of the fiscal 49 year for which the funds were appropriated shall not 50 revert but shall be available for expenditure for the Page 3 1 following fiscal year for purposes of this section." Roll call was requested by Scherrman of Dubuque and Brunkhorst of Bremer. Rule 75 was invoked. On the question "Shall amendment H-8611 be adopted?" (H.F. 2533) The ayes were, 45: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers 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 Brunkhorst Carroll Churchill Cormack 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, 2: Dinkla O'Brien Amendment H-8611 lost. Frevert of Palo Alto offered the following amendment H-8626 filed by her and moved its adoption: H-8626 1 Amend House File 2533 as follows: 2 1. Page 26, by inserting after line 16 the 3 following: 4 "Sec. ___. NEW SECTION. 256.57 STATE EMPLOYEES. 5 Personnel employed by a regional library shall be 6 considered state employees." Amendment H-8626 lost. Heaton of Henry asked and received unanimous consent that amendment H-8776 be deferred. Brunkhorst of Bremer asked and received unanimous consent to withdraw amendment H-8701 filed by him and Thomson of Linn on March 25, 1998, placing amendment H-8784 filed by Wise of Lee and Moreland of Wapello from the floor out of order. Gipp of Winneshiek offered the following amendment H-8707 filed by him and moved its adoption: H-8707 1 Amend House File 2533 as follows: 2 1. Page 27, by inserting after line 3 the 3 following: 4 "Sec. ___. Section 260C.28, subsection 3, Code 5 1997, is amended to read as follows: 6 3. If the board of directors wishes to certify for 7 a levy under subsection 2, the board shall direct the 8 county commissioner of elections to call an election 9 to submit the question of such authorization for the 10 board at a regular or special election. If a majority 11 of those voting on the question at the election favors 12 authorization of the board to make such a levy, the 13 board may certify for a levy as provided under 14 subsection 2 during each of the ten years following 15 the election. If a majority of those voting on the 16 question at the election does not favor authorization 17 of the board to make a levy under subsection 2, the 18 board shall not submit the question to the voters 19 again untiltwelve monthsthree hundred fifty-five 20 days havelapsedelapsed from the election." 21 2. By renumbering as necessary. Amendment H-8707 was adopted. Grundberg of Polk offered the following amendment H-8546 filed by her and Frevert of Palo Alto and moved its adoption: H-8546 1 Amend House File 2533 as follows: 2 1. Page 27, by inserting after line 22 the 3 following: 4 "Sec. ___. Section 261.17, Code Supplement 1997, 5 is amended by adding the following new subsection: 6 NEW SUBSECTION. 1A. All classes, including 7 liberal arts classes, identified by the community 8 college as required for completion of the student's 9 vocational-technical or career option program shall be 10 considered a part of the student's vocational- 11 technical or career option program for the purpose of 12 determining the student's eligibility for a grant. 13 Notwithstanding subsection 2, if a student is making 14 satisfactory academic progress but the student cannot 15 complete a vocational-technical or career option 16 program in the time frame allowed for a student to 17 receive a vocational-technical tuition grant as 18 provided in subsection 2 because additional classes 19 are required to complete the program, the student may 20 continue to receive a vocational-technical tuition 21 grant for not more than one additional enrollment 22 period." 23 2. By renumbering, relettering, and redesignating 24 as necessary. Amendment H-8546 was adopted. Warnstadt of Woodbury asked and received unanimous consent to withdraw amendment H-8644 filed by him on March 24, 1998. The House resumed consideration of amendment H-8727B. Grundberg of Polk rose on a point of order that amendment H-8727B was not germane. The Speaker ruled the point well taken and amendment H-8727B not germane. Shoultz of Black Hawk asked for unanimous consent to suspend the rules to consider amendment H-8727B. Objection was raised. Shoultz of Black Hawk moved to suspend the rules to consider amendment H-8727B. A non-record roll call was requested. The ayes were 40, nays 51. The motion to suspend the rules lost. Heaton of Henry offered the following amendment H-8364 filed by him and Wise of Lee and moved its adoption: H-8364 1 Amend House File 2533 as follows: 2 1. Page 30, by inserting after line 23 the 3 following: 4 "Sec. ___. Section 294A.25, subsection 11, Code 5 Supplement 1997, is amended to read as follows: 6 11. For the fiscal year beginning July 1,19977 1998, and ending June 30,19981999, to the department 8 of education from phase III moneys the amount of one 9 million two hundred fifty thousand dollars for support 10 for the operations of the new Iowa schools development 11 corporation and for school transformation design and 12 implementation projects administered by the 13 corporation. Of the amount provided in this 14 subsection, one hundred fifty thousand dollars shall 15 be used for the school and community planning 16 initiative." 17 2. By renumbering, relettering, and redesignating 18 as necessary. Roll call was requested by Wise of Lee and Mascher of Johnson. On the question "Shall amendment H-8364 be adopted?" (H.F. 2533) The ayes were, 55: Bell Bernau Boggess Bradley Brand Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Cormack Doderer Dolecheck Dotzler Drees Eddie Falck Fallon Foege Ford Frevert Gries Hahn Heaton Holveck Huser Jochum Kinzer Koenigs Kreiman Kremer Larkin Martin Mascher May Mertz Mundie Murphy Myers Nelson Osterhaus Rants Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Warnstadt Whitead Wise Witt The nays were, 39: Arnold Barry Boddicker Brunkhorst Churchill Dinkla Dix Drake Garman Gipp Greig Grundberg Hansen Holmes Houser Huseman Jacobs Jenkins Klemme Lamberti Larson Lord Metcalf Meyer Millage Moreland Rayhons Siegrist Sukup Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 6: Blodgett Brauns Greiner O'Brien Teig Weigel Amendment H-8364 was adopted. Falck of Fayette offered amendment H-8573 filed by him as follows: H-8573 1 Amend House File 2533 as follows: 2 1. Page 30, by inserting after line 30 the 3 following: 4 "Sec. ___. Section 295.2, subsection 1, paragraph 5 c, Code Supplement 1997, is amended to read as 6 follows: 7 c. There is appropriated from the general fund of 8 the state to the department of education foreachthe 9 fiscal yearof the fiscal periodbeginning July 1, 10 1997, andending June 30, 2001for each succeeding 11 fiscal year, the sum of thirty million dollars for the 12 school improvement technology program." 13 2. Page 33, by inserting before line 18 the 14 following: 15 "Sec. ___. Section 295.5, Code 1997, is repealed." 16 3. By renumbering as necessary. Grundberg of Polk rose on a point of order that amendment H-8573 was not germane. The Speaker ruled the point well taken and amendment H-8573 not germane. Falck of Fayette asked and received unanimous consent to withdraw amendment H-8574 filed by him on March 23, 1998. Meyer of Sac offered amendment H-8494 filed by him as follows: H-8494 1 Amend House File 2533 as follows: 2 1. Page 33, by striking lines 28 through 31 and 3 inserting the following: "state shall analyze area 4 education agency finances and operations for the 1996- 5 1997 fiscal year. In conducting the analysis, the 6 auditor of state shall utilize reports on audits of 7 area education agencies conducted in accordance with 8 section 11.6, information available from the 9 department of education, the department of management, 10 the area education agencies, and from any other source 11 necessary. The auditor of state shall have access to 12 all records of the area education agencies. 13 The analysis shall include, but shall not be 14 limited to, major areas of". 15 2. Page 34, by striking lines 3 through 8 and 16 inserting the following: "staffing levels, number of 17 students served, purchase or lease of equipment and 18 facilities, and funding from local school districts. 19 The auditor of state shall bill the area education 20 agencies for the costs of the analysis, determined 21 according to the proportional enrollment served by 22 each area education agency for the 1996-1997 fiscal 23 year, and the area education agencies shall pay the 24 amount billed from state assistance provided to the 25 area education agencies for the fiscal year beginning 26 July 1, 1998. The results of the analysis,". 27 3. Page 34, line 10, by inserting after the 28 figure "1999" the following: ", and shall be utilized 29 in the comprehensive study of school finance requested 30 in accordance with House Concurrent Resolution 15, if 31 resolved by the Seventy-seventh General Assembly". Rants of Woodbury offered the following amendment H-8720, to amendment H-8494, filed by him and moved its adoption: H-8720 1 Amend the amendment, H-8494, to House File 2533, as 2 follows: 3 1. Page 1, by inserting after line 1 the 4 following: 5 " . Page 33, line 27, by striking the word 6 "The" and inserting the following: "Subject to an 7 appropriation of sufficient funds by the general 8 assembly, the"." 9 2. Page 1, by striking lines 19 through 26 and 10 inserting the following: "The results of the 11 analysis,"". 12 3. By renumbering as necessary. Amendment H-8720 lost. Rants of Woodbury asked and received unanimous consent to withdraw amendment H-8634, to amendment H-8494, filed by Rants, et al., on March 24, 1998. Meyer of Sac moved the adoption of amendment H-8494. A non-record roll call was requested. The ayes were 32, nays 47. Amendment H-8494 lost. Rants of Woodbury offered the following amendment H-8721 filed by him and moved its adoption: H-8721 1 Amend House File 2533 as follows: 2 1. Page 33, by striking lines 27 through 31 and 3 inserting the following: 4 "Sec. ___. AUDIT OF AREA EDUCATION AGENCIES. 5 Subject to an appropriation of sufficient funds by the 6 general assembly, the auditor of state shall analyze 7 area education agency finances and operations for the 8 1996-1997 fiscal year. In conducting the analysis, 9 the auditor of state shall utilize reports on audits 10 of area education agencies conducted in accordance 11 with section 11.6, information available from the 12 department of education, the department of management, 13 the area education agencies, and from any other source 14 necessary. The auditor of state shall have access to 15 all records of the area education agencies. 16 The analysis shall include, but shall not be 17 limited to, major areas of". 18 2. Page 34, by striking lines 3 through 8 and 19 inserting the following: "staffing levels, number of 20 students served, purchase or lease of equipment and 21 facilities, and funding from local school districts. 22 The results of the analysis,". 23 3. Page 34, line 10, by inserting after the 24 figure "1999" the following: ", and shall be utilized 25 in the comprehensive study of school finance requested 26 in accordance with House Concurrent Resolution 15, if 27 resolved by the Seventy-seventh General Assembly". 28 4. By renumbering as necessary. A non-record roll call was requested. The ayes were 44, nays 25. Amendment H-8721 was adopted. Weigel of Chickasaw offered amendment H-8777 filed by him and Mertz of Kossuth, Koenigs of Mitchell, Scherrman of Dubuque, Osterhaus of Jackson and Thomas of Clayton, from the floor as follows: H-8777 1 Amend House File 2533 as follows: 2 1. Page 34, by inserting after line 10 the 3 following: 4 "Sec. ___. CONTINGENT APPROPRIATION - TAXABLE 5 VALUATION INCREASE - TRANSPORTATION ASSISTANCE AID. 6 1. For the fiscal year beginning July 1, 1998, and 7 ending June 30, 1999, if the actual taxable valuation 8 of real property located in this state, based upon 9 January 1, 1997, assessments, which is used in the 10 computation of property taxes payable in the fiscal 11 year beginning July 1, 1998, increases from the 12 estimate of such taxable valuation, there is 13 appropriated from the general fund of the state to the 14 department of education the lesser of $4,000,000 or 15 the amount of the reduction in state foundation aid 16 under section 257.1 as a result of such increase in 17 taxable valuation to be used to fund transportation 18 assistance to school districts as provided in 19 subsection 2. 20 2. a. Subject to an appropriation of sufficient 21 funds by the general assembly pursuant to subsection 22 1, the department shall pay transportation assistance 23 aid to school districts whose average transportation 24 costs per pupil exceed one hundred twenty-five percent 25 of the state average transportation costs per pupil 26 determined under paragraph "b". 27 b. A district's average transportation costs per 28 pupil shall be determined by dividing the district's 29 actual cost for all children transported in all school 30 buses for a school year pursuant to section 285.8, by 31 the district's actual enrollment for the school year, 32 as defined in section 257.6. The state average 33 transportation costs per pupil shall be determined by 34 dividing the total actual costs for all children 35 transported in all districts for a school year, by the 36 total of all districts' actual enrollments for the 37 school year. 38 c. A school district shall annually certify its 39 actual cost for all children transported in all school 40 buses by July 15 after each school year on forms 41 prescribed by the department of education. 42 d. If a school district's average transportation 43 costs per pupil are greater than one hundred twenty- 44 five percent of the state average transportation costs 45 per pupil, the department of education shall pay 46 transportation assistance aid equal to the amount of 47 the difference multiplied by the district's actual 48 enrollment for the school year. However, if the funds 49 appropriated for purposes of this section are 50 insufficient to pay transportation assistance aid as Page 2 1 provided in this section, the payments to school 2 districts determined by the department of education to 3 be eligible for transportation assistance as provided 4 in this section shall be prorated such that each 5 school district eligible for assistance aid under this 6 section shall receive an amount of transportation 7 assistance aid equal to the percentage that the 8 transportation assistance aid to be provided to the 9 district bears to the total amount of transportation 10 assistance aid to be provided to all school districts 11 determined by the department of education to be 12 eligible for transportation assistance aid in 13 accordance with this subsection. 14 e. Transportation assistance aid received by a 15 school district pursuant to this section is 16 miscellaneous income for purposes of chapter 257." 17 2. By renumbering as necessary. Grundberg of Polk rose on a point of order that amendment H-8777 was not germane. The Speaker ruled the point well taken and amendment H-8777 not germane. Weigel of Chickasaw asked for unanimous consent to suspend the rules to consider amendment H-8777. Objection was raised. Weigel of Chickasaw moved to suspend the rules to consider amendment H-8777. Roll call was requested by Weigel of Chickasaw and Murphy of Dubuque. On the question "Shall the rules be suspended to consider amendment H-8777?" (H.F. 2533) The ayes were, 46: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Dolecheck Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers Osterhaus Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 50: Arnold Barry Blodgett Boddicker Bradley Brauns Brunkhorst Carroll Churchill Cormack Dinkla Dix 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 Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 4: Boggess Doderer Greiner O'Brien The motion to suspend the rules lost. Dinkla of Guthrie offered the following amendment H-8610, filed by him and Warnstadt of Woodbury, previously deferred, and moved its adoption: H-8610 1 Amend House File 2533 as follows: 2 1. Page 1, line 28, by striking the figure 3 "833,900" and inserting the following: "1,033,900". 4 2. Page 15, line 17, by striking the figure 5 "27,868,702" and inserting the following: 6 "27,668,702". 7 3. Page 25, line 33, by striking the words 8 "Notwithstanding section 8.33, fundsFunds" and 9 inserting the following: "Notwithstanding section 10 8.33, of the funds". 11 4. Page 25, line 35, by striking the figure and 12 words "1998, shallnot" and inserting the following: 13 "1998, $200,000 shall not". 14 5. Page 26, by striking lines 1 through 3 and 15 inserting the following: "fund of the state but shall 16 be available for expenditure for the purposes listed 17 in this lettered paragraph during the subsequent 18 fiscal year. Funds remaining unencumbered or 19 unobligated beyond this amount on June 30, 1998, shall 20 revert to the general fund of the state." A non-record roll call was requested. The ayes were 45, nays 38. Amendment H-8610 was adopted. Frevert of Palo Alto offered the following amendment H-8631 filed by her, previously deferred, and moved its adoption: H-8631 1 Amend House File 2533 as follows: 2 1. Page 14, by inserting after line 18 the 3 following: 4 "Sec. ___. INTERIM STUDY. The legislative council 5 is requested to establish an interim study committee 6 to study the resulting implications and effects if the 7 personnel currently employed by a regional library 8 become state employees. The committee shall report 9 its findings and recommendations to the general 10 assembly prior to the beginning of the 1999 11 legislative session." 12 2. By renumbering as necessary. Amendment H-8631 lost. Weigel of Chickasaw offered amendment H-8776 filed by him from the floor as follows: H-8776 1 Amend House File 2533 as follows: 2 1. Page 26, by inserting after line 16 the 3 following: 4 "Sec. ___. Section 257.1, subsection 2, Code 1997, 5 is amended by adding the following new unnumbered 6 paragraph: 7 NEW UNNUMBERED PARAGRAPH. For the budget year 8 commencing July 1, 1998, the department of management 9 shall add the amount of the additional budget 10 adjustment computed in section 257.14, subsection 3, 11 to the combined foundation base. 12 Sec. ___. Section 257.14, Code Supplement 1997, is 13 amended by adding the following new subsection: 14 NEW SUBSECTION. 3. For the budget year beginning 15 July 1, 1998, if the department of management 16 determines that the regular program district cost plus 17 the budget adjustment computed under subsection 1 of a 18 school district is less than one hundred one percent 19 of the total of the regular program district cost plus 20 any adjustment added under this section for the base 21 year for that school district, the department of 22 management shall provide an additional budget 23 adjustment for that budget year that is equal to the 24 difference." 25 2. By renumbering as necessary. Weigel of Chickasaw rose on a point of order that amendment H-8776 was not germane. The Speaker ruled the point well taken and amendment H-8776 not germane. Weigel of Chickasaw asked for unanimous consent to suspend the rules to consider amendment H-8776. Objection was raised. Weigel of Chickasaw moved to suspend the rules to consider amendment H-8776. Roll call was requested by Weigel of Chickasaw and Brunkhorst of Bremer. On the question "Shall the rules be suspended to consider amendment H-8776?" (H.F. 2533) The ayes were, 44: 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 Osterhaus Reynolds-Knight Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 53: 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, 3: Arnold O'Brien Richardson The motion to suspend the rules lost. Grundberg of Polk moved to reconsider the vote by which amendment H-8610 (found on page 1042 of the House Journal) was adopted. Roll call was requested by Schrader of Marion and Rants of Woodbury. On the question "Shall the vote by which amendment H-8610 was adopted be reconsidered?" (H.F. 2533) The ayes were, 49: Arnold Barry Blodgett Boddicker Bradley Brauns Brunkhorst Carroll Churchill Dix Dolecheck Drake 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 Veenstra Weidman Welter Mr. Speaker Corbett The nays were, 45: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Cormack Dinkla Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers Osterhaus Reynolds-Knight Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt Absent or not voting, 6: Boggess Doderer Eddie O'Brien Richardson Vande Hoef The motion prevailed and amendment H-8610 was reconsidered. Dinkla of Guthrie moved the adoption of amendment H-8610. Roll call was requested by Schrader of Marion and Rants of Woodbury. Rule 75 was invoked. On the question "Shall amendment H-8610 be adopted?" (H.F. 2533) The ayes were, 48: Arnold Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Cormack Dinkla Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers Osterhaus Rayhons Reynolds-Knight Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 50: Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 2: O'Brien Richardson Amendment H-8610 lost. 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?" (H.F. 2533) The ayes were, 93: 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 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 Millage Mundie Murphy Myers Nelson Osterhaus Rants Rayhons Reynolds-Knight Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Witt Mr. Speaker Corbett The nays were, 4: Fallon Kreiman Moreland Wise Absent or not voting, 3: Meyer O'Brien Richardson 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 2533 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 30, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 677, a bill for an act relating to child custody and visitation including the consideration of parent's criminal history in the awarding of visitation rights and including an exception from mandatory participation in a course by parties to an action involving child custody or visitation. Also: That the Senate has on March 30, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2337, a bill for an act concerning the method for imposition of the drug abuse resistance education surcharge. Also: That the Senate has on March 30, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2136, a bill for an act relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities, and providing effective and retroactive applicability dates. MARY PAT GUNDERSON, Secretary Appropriations Calendar Senate File 2406, a bill for an act establishing a school ready children grant program to be administered by community empowerment area boards and the Iowa empowerment board, making an appropriation, and providing an effective date, with report of committee recommending amendment and passage, was taken up for consideration. Houser of Pottawattamie offered amendment H-8455 filed by the committee on education as follows: H-8455 1 Amend Senate File 2406, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. By striking everything after the enacting 4 clause and inserting the following: 5 "Section 1. NEW SECTION. 7I.1 DEFINITIONS. 6 For the purposes of this chapter, unless the 7 context otherwise requires: 8 1. "Community empowerment area" means a geographic 9 area designated in accordance with this chapter. 10 2. "Community empowerment area board" or 11 "community board" means the board for a community 12 empowerment area created in accordance with this 13 chapter. 14 3. "Decategorization project" means a 15 decategorization of child welfare and juvenile justice 16 funding project operated under section 232.188. 17 4. "Innovation zone" means a local jurisdiction 18 implementing an innovation zone plan in accordance 19 with section 8A.2, Code 1997. 20 5. "Iowa empowerment board" or "Iowa board" means 21 the Iowa empowerment board created in this chapter. 22 Sec. ___. NEW SECTION. 7I.2 IOWA EMPOWERMENT 23 BOARD CREATED. 24 1. An Iowa empowerment board is created to oversee 25 state and community efforts involving community 26 empowerment areas, including strategic planning, 27 funding identification, and guidance, and to promote 28 collaboration among state and local education, health, 29 and human services programs. 30 2. The Iowa board shall consist of eleven voting 31 members with eight citizen members and three state 32 agency members. The three state agency members shall 33 be the directors of the following departments: 34 education, human services, and public health. The 35 citizen members shall be appointed by the governor, 36 subject to confirmation by the senate. The 37 appointments of citizen members shall be made in a 38 manner so that all of the state's congressional 39 districts are represented along with the ethnic, 40 cultural, social, and economic diversity of the state. 41 In making appointments, preference shall be given to 42 citizens participating on a community empowerment area 43 board. Terms of office of citizen members are three 44 years. 45 3. Citizen members shall be reimbursed for actual 46 and necessary expenses incurred in performance of 47 their duties. Members shall be paid a per diem as 48 specified in section 7E.6. 49 4. In addition to the eleven voting members, the 50 Iowa board shall include six members of the general Page 2 1 assembly with not more than two members from each 2 chamber being from the same political party. The 3 three senators shall be appointed by the majority 4 leader of the senate after consultation with the 5 president of the senate and the minority leader of the 6 senate. The three representatives shall be appointed 7 by the speaker of the house of representatives after 8 consultation with the majority and minority leaders of 9 the house of representatives. Legislative members 10 shall serve in an ex officio, nonvoting capacity. A 11 legislative member is eligible for per diem and 12 expenses as provided in section 2.10. 13 5. The Iowa board shall designate a community 14 empowerment assistance team or teams of state agency 15 staff to provide technical assistance and other 16 support to community empowerment areas. The technical 17 assistance shall be available in at least three levels 18 of support as follows: 19 a. Support to areas experienced in operating an 20 innovation zone or decategorization project with an 21 extensive record of success in collaboration between 22 education, health, or human services interests. 23 b. Support to areas experienced in operating an 24 innovation zone or decategorization project. 25 c. Support to areas forming an initial community 26 empowerment area with no previous experience operating 27 an innovation zone or decategorization project. 28 6. Staffing services to the Iowa board shall be 29 provided by the state agencies which are represented 30 on the Iowa board and by other state agencies making 31 staffing available to the board. 32 7. The Iowa board may designate an advisory 33 council consisting of representatives from community 34 empowerment area boards. 35 8. The Iowa board shall elect a chairperson from 36 among the citizen board members and may select other 37 officers from among the citizen board members as 38 determined to be necessary by the board. The board 39 shall meet regularly as determined by the board, upon 40 the call of the board's chairperson, or upon the call 41 of a majority of voting members. 42 Sec. ___. NEW SECTION. 7I.3 IOWA EMPOWERMENT 43 BOARD DUTIES. 44 The Iowa board shall perform the following duties: 45 1. Perform duties relating to community 46 empowerment areas. 47 2. Oversee the provision of grant funding and 48 other moneys made available to community empowerment 49 areas by combining all or portions of appropriations 50 or other revenues as authorized by law. Page 3 1 3. Develop advanced community empowerment area 2 arrangements for those community empowerment areas 3 which were formed in transition from an innovation 4 zone or from a decategorization governance board or 5 which otherwise provide evidence of extensive 6 successful experience in managing services and funding 7 with high levels of community support and input. 8 4. Identify boards, commissions, committees, and 9 other bodies in state government with overlapping and 10 similar purposes which contribute to redundancy and 11 fragmentation in education, health, and human services 12 programs provided to the public. The board shall also 13 make recommendations to the governor and general 14 assembly as appropriate for increasing coordination 15 between these bodies, for consolidation where 16 appropriate, and for integration of functions to 17 achieve improved results. 18 5. Assist with the linkage of child welfare and 19 juvenile justice decategorization projects with 20 community empowerment areas. 21 6. Integrate the duties relating to innovation 22 zones in the place of the innovation zone board 23 created in section 8A.2, Code 1997, until the Iowa 24 board determines the innovation zones have been 25 replaced with community empowerment areas. 26 7. Coordinate and respond to any requests from a 27 community board relating to any of the following: 28 a. Waiver of existing rules, federal regulation, 29 or amendment of state law, or removal of other 30 barriers. 31 b. Pooling and redirecting of existing federal, 32 state, or other public or private funds. 33 c. Seeking of federal waivers. 34 In coordinating and responding to the requests, the 35 Iowa board shall work with state agencies and submit 36 proposals to the governor and general assembly as 37 necessary to fulfill requests deemed appropriate by 38 the Iowa board. 39 8. Provide for maximum flexibility and creativity 40 in the designation and administration of the 41 responsibilities and authority of community 42 empowerment areas. 43 9. Adopt rules pursuant to chapter 17A as 44 necessary for the designation, governance, and 45 oversight of community empowerment areas and the 46 administration of this chapter. The Iowa board shall 47 provide for community board input in the rules 48 adoption process. 49 Sec. ___. NEW SECTION. 7I.4 COMMUNITY 50 EMPOWERMENT AREAS. Page 4 1 1. The purpose of a community empowerment area is 2 to enable local citizens to lead collaborative efforts 3 involving education, health, and human services 4 programs on behalf of the children, families, and 5 other citizens residing in the area. Leadership 6 functions may include but are not limited to strategic 7 planning for and oversight and managing of such 8 programs and the funding made available to the 9 community empowerment area for such programs from 10 federal, state, local, and private sources. 11 2. Each county and school district in the state 12 shall have the option of participating in a community 13 empowerment area. A community empowerment area shall 14 be designated by using existing school district and 15 county boundaries to the extent possible. For 16 geographic areas that are part of an innovation zone 17 or included in a decategorization project in effect as 18 of July 1, 1998, the initial community empowerment 19 area shall be the larger of the two. 20 3. The designation of a community empowerment area 21 and the creation of a community empowerment area board 22 are subject to the approval of the Iowa empowerment 23 board. Criteria used by the Iowa empowerment board in 24 approving the designation of a community empowerment 25 area shall include but are not limited to the 26 existence of a large enough geographic area and 27 population to efficiently and effectively administer 28 the responsibilities and authority of the community 29 empowerment area. The Iowa empowerment board shall 30 adopt rules pursuant to chapter 17A providing 31 procedures for the initial designation of community 32 empowerment areas and for later changing the initially 33 designated areas. 34 Sec. ___. NEW SECTION. 7I.5 COMMUNITY 35 EMPOWERMENT AREA BOARDS CREATED. 36 1. A community empowerment area shall be governed 37 by a community empowerment area board. A majority of 38 the members of a community board shall be citizens and 39 elected officials and the remaining members may be 40 employees of or paid for representing any of the 41 entities listed in this subsection. The members of a 42 community empowerment area board may include one or 43 more representatives of any of the following entities: 44 a. A school district. 45 b. A county. 46 c. A local board of health. 47 d. A hospital. 48 e. A charitable funding group. 49 f. The department of human services. 50 g. A religious institution. Page 5 1 h. An area education agency. 2 i. Juvenile court services. 3 j. An area substance abuse agency. 4 k. A community action program. 5 l. A city. 6 m. A business organization. 7 n. A labor organization. 8 o. A service club. 9 p. A business. 10 q. Consumers. 11 r. Others as determined by the community board. 12 2. A community board may designate representatives 13 of service providers or public agency staff to provide 14 technical assistance to the community board. 15 3. A community board may designate a professional 16 advisory council consisting of persons employed by or 17 otherwise paid to represent an entity listed in 18 subsection 1 or other provider of service. 19 4. The community board shall elect a chairperson 20 from among the members who are citizens, elected 21 officials, or volunteers. 22 Sec. ___. NEW SECTION. 7I.6 COMMUNITY 23 EMPOWERMENT AREA BOARD RESPONSIBILITIES AND AUTHORITY. 24 1. A community empowerment area board shall do the 25 following: 26 a. Designate a public agency of this state, as 27 defined in section 28E.2, to be the fiscal agent for 28 grant moneys and for other moneys administered by the 29 community board. 30 b. Administer community empowerment grant moneys 31 available from the state to the community board as 32 provided by law and other federal, state, local, and 33 private moneys made available to the community board. 34 Eligibility for receipt of community empowerment grant 35 moneys shall be limited to those community boards that 36 have developed an approved school ready children grant 37 plan in accordance with this chapter. A community 38 board may apply to the Iowa empowerment board to 39 receive as a community empowerment grant those moneys 40 which would otherwise only be available within the 41 geographic area through categorical funding sources or 42 programs. 43 c. If a community empowerment area includes a 44 decategorization project, coordinate planning and 45 budgeting with the decategorization governing board. 46 By mutual agreement between the community board and 47 the decategorization governance board, the community 48 board may assume the duties of the decategorization 49 governance board or the decategorization governance 50 board may continue as a committee of the community Page 6 1 board. 2 d. Assume other responsibilities established by 3 law or administrative rule. 4 2. A community board may do any of the following: 5 a. Designate one or more committees for oversight 6 of grant moneys awarded to the community empowerment 7 area. 8 b. Function as a coordinating body for services 9 offered by different entities directed to similar 10 purposes within the community empowerment area. 11 c. Develop neighborhood bodies for community-level 12 input to the community board and implementation of 13 services. 14 Sec. ___. NEW SECTION. 7I.7 SCHOOL READY 15 CHILDREN GRANT PROGRAM - ESTABLISHMENT AND 16 ADMINISTRATION. 17 1. The departments of education, human services, 18 and public health shall jointly develop and promote a 19 school ready children grant program which shall 20 provide for all of the following components: 21 a. Identify the core indicators of performance 22 that will be used to assess the effectiveness of the 23 school ready children grants, including increasing the 24 basic skill levels of students entering school, 25 increasing the health status of children, reducing the 26 incidence of child abuse and neglect, increasing the 27 access of children to an adult mentor, increasing 28 parental involvement with their children, and 29 increasing the quality and accessibility of child day 30 care. 31 b. Identify guidelines and a process to be used 32 for determining the readiness of a community 33 empowerment area for administering school ready 34 children grants. 35 c. Provide for technical assistance concerning 36 funding sources, program design, and other pertinent 37 areas. 38 2. The program developed and components identified 39 under subsection 1 are subject to approval by the Iowa 40 empowerment board. The Iowa empowerment board shall 41 provide maximum flexibility to grantees for the use of 42 the grant moneys included in a school ready children 43 grant. 44 3. A school ready children grant shall, at a 45 minimum, be used to provide the following: 46 a. Preschool services provided on a voluntary 47 basis to four-year-old children deemed at risk of not 48 succeeding in elementary school as determined by the 49 community board and specified in the grant plan 50 developed in accordance with this section. Page 7 1 b. Parent education programs promoted to parents 2 of children from birth through five years of age. 3 Parent education programs shall be offered in a 4 flexible manner to accommodate the varying schedules, 5 meeting place requirements, and other needs of working 6 parents. 7 c. A comprehensive school ready children grant 8 plan developed by a community board for providing 9 services for children from birth through five years of 10 age including but not limited to child development 11 services, child care services, children's health and 12 safety services, assessment services to identify 13 chemically exposed infants and children, and parent 14 education services. At a minimum, the plan shall do 15 all of the following: 16 (1) Describe community needs for children from 17 birth through five years of age as identified through 18 ongoing assessments. 19 (2) Describe the current and desired levels of 20 community coordination of services for children from 21 birth through five years of age. 22 (3) Identify all federal, state, local, and 23 private funding sources available in the community 24 empowerment area that will be used to provide services 25 to children from birth through five years of age. 26 (4) Describe how funding sources will be used 27 collaboratively and the degree to which the moneys can 28 be combined to provide necessary services to children. 29 (5) Identify the results the community board 30 expects to achieve through implementation of the 31 school ready children grant program, and identify 32 community-specific quantifiable performance indicators 33 to be reported in the annual report. 34 4. The community board shall submit an annual 35 report on the effectiveness of the grant program in 36 addressing school readiness and children's health and 37 safety needs to the Iowa empowerment board and to the 38 local governing bodies. The annual report shall 39 indicate the effectiveness of the community board in 40 achieving state and locally determined goals. 41 5. a. A school ready children grant shall be 42 awarded to a community board for a three-year period, 43 with annual payments made to the community board on or 44 before October 1 of each fiscal year. The Iowa 45 empowerment board may grant an extension from the 46 award date and any application deadlines based upon 47 the award date, to allow for a later implementation 48 date in the initial year in which a community board 49 submits a comprehensive school ready grant plan to the 50 Iowa empowerment board. However, receipt of continued Page 8 1 funding is subject to submission of the required 2 annual report. 3 b. The Iowa empowerment board shall distribute 4 school ready children grant moneys to community boards 5 with approved comprehensive school ready children 6 grant plans based upon the degree of readiness of the 7 community empowerment area to effectively utilize the 8 moneys, with the grant moneys being adjusted for other 9 federal and state grant moneys to be received by the 10 area for services to children from birth through five 11 years of age. 12 c. A community board's degree of readiness shall 13 be ascertained by evidence of successful collaboration 14 between education, human services, or public health 15 interests or a documented program design evincing a 16 strong likelihood of leading to a successful 17 collaboration between these interests. Other criteria 18 which may be used by the Iowa board to ascertain 19 degree of readiness and to determine funding amounts 20 include one or more of the following: 21 (1) Experience or other evidence of capacity to 22 successfully implement the services in the plan. 23 (2) Local funding and other resources committed to 24 implementation of the plan. 25 6. The highest priority for school ready children 26 grant funds shall be to provide preschool services on 27 a voluntary basis to four-year-old children deemed at 28 risk of not succeeding in elementary school and parent 29 education programs on a voluntary basis to parents of 30 children from birth through five years of age. 31 Remaining funds may be used to provide other services 32 to children from birth through five years of age as 33 specified in the comprehensive school ready children 34 grant plan. 35 Sec. ___. NEW SECTION. 7I.8 IOWA EMPOWERMENT 36 FUND. 37 1. An Iowa empowerment fund is created in the 38 state treasury under the authority of the Iowa 39 empowerment board. The moneys in the Iowa empowerment 40 fund are not subject to section 8.33 and shall not be 41 transferred, used, obligated, appropriated, or 42 otherwise encumbered except as provided by law. 43 Notwithstanding section 12C.7, subsection 2, interest 44 or earnings on moneys deposited in the Iowa 45 empowerment fund shall be credited to the fund. 46 2. A school ready children grants account is 47 created in the Iowa empowerment fund and moneys 48 credited to the account shall be distributed in the 49 form of grants to community empowerment areas as 50 provided by law. Page 9 1 Sec. ___. Section 135.106, subsection 3, Code 2 Supplement 1997, is amended to read as follows: 3 3. It is the intent of the general assembly to 4 provide communities with the discretion and authority 5 to redesign existing local programs and services 6 targeted at and assisting families expecting babies 7 and families with children who are newborn through 8 five years of age. The Iowa department of public 9 health, department of human services, department of 10 education, and other state agencies and programs, as 11 appropriate, shall provide technical assistance and 12 support to communities desiring to redesign their 13 local programs and shall facilitate the consolidation 14 of existing state funding appropriated and made 15 available to the community for family support 16 services. Funds which are consolidated in accordance 17 with this subsection shall be used to support the 18 redesigned service delivery system. In redesigning 19 services, communities are encouraged to implement a 20 single uniform family risk assessment mechanism and 21 shall demonstrate the potential for improved outcomes 22 for children and families. Requests by local 23 communities for the redesigning of services shall be 24 submitted toand subject to joint approval ofthe Iowa 25 department of public health, department of human 26 services, and department of education, and are subject 27 to the approval of the Iowa empowerment board in 28 consultation with the departments, based on the 29 innovationzoneszone principles established in 30 section 8A.2, Code 1997. 31 Sec. ___. Section 232.188, subsection 7, Code 32 1997, is amended to read as follows: 33 7. The annual child welfare services plan 34 developed by a decategorization governance board 35 pursuant to subsection 2 shall be submitted to the 36 department and thestatewide decategorization and37family preservation committeeIowa empowerment board. 38 In addition, the decategorization governance board 39 shall submit an annual progress report to the 40 department and thecommitteeIowa empowerment board 41 which summarizes the progress made toward attaining 42 the objectives contained in the plan. The progress 43 report shall serve as an opportunity for information 44 sharing and feedback. 45 Sec. ___. LEGISLATIVE FINDINGS AND INTENT. 46 1. The general assembly recognizes the significant 47 findings of brain research indicating that early 48 stimulation of the brain increases the learning 49 ability of a child. In order for children to be ready 50 for school by age five, it is the intent of the Page 10 1 general assembly that implementation of the provisions 2 of this Act will accomplish the following: 3 a. Foster collaboration among state agencies which 4 shall initially include the departments of human 5 services, education, and public health, and allow the 6 blending of these agencies' funding and other 7 resources. 8 b. Establish community empowerment areas with 9 broad community representation with the goal of 10 providing services collaboratively to children from 11 birth through five years of age for the purpose of 12 improving the quality of these children's lives. 13 2. It is the intent of the general assembly that 14 over time community empowerment areas will be 15 developed in every part of the state. It is 16 anticipated that as local empowerment areas evolve and 17 most effectively implement the provisions of this Act 18 in their areas, the initial structure for community 19 empowerment areas provided in this Act will be revised 20 by the Iowa empowerment board and by the general 21 assembly in order to best promote collaboration among 22 state and local education, health, and human services 23 programs. 24 3. It is the intent of the general assembly that 25 the duties of child welfare and juvenile justice 26 decategorization projects and innovation zones will 27 eventually be assumed by community empowerment areas. 28 Sec. ___. IOWA EMPOWERMENT BOARD. The Iowa 29 empowerment board shall adopt rules, arrange for 30 technical assistance, provide guidance, and take other 31 actions needed to assist the designation of community 32 empowerment areas and creation of community 33 empowerment boards and to enable the community 34 empowerment area boards to submit school ready 35 children grant plans in a timely manner for the 36 initial grants to be awarded and grant moneys to be 37 paid by October 1, 1998, in accordance with this Act. 38 Sec. ___. INITIAL COMMUNITY EMPOWERMENT AREAS AND 39 BOARDS. 40 1. Notwithstanding section 7I.5, as enacted by 41 this Act, providing for the creation of community 42 empowerment area boards, for an area in which the 43 initial community empowerment area is an innovation 44 zone or a decategorization project, the initial 45 community empowerment area board shall be the 46 innovation zone board or the decategorization 47 governance board, as appropriate. In addition to any 48 members of the innovation zone board or 49 decategorization governance board, the initial 50 community empowerment board shall include at a Page 11 1 minimum, representatives of school districts, county 2 boards of supervisors, cities, juvenile court 3 services, public health and human services 4 administrators in the community empowerment area, and 5 parents of children living in the area. If the 6 composition of the initial board does not comply with 7 the composition requirements of section 7I.5, the 8 board shall comply with the composition requirements 9 on or before June 30, 2000. 10 2. For an area which is not included in an 11 innovation zone or a decategorization project or for 12 an area desiring to be included in a different zone or 13 project, the area may by mutual agreement be included 14 in a community empowerment area created from an 15 innovation zone or a decategorization project. 16 Otherwise, the area shall comply with requirements for 17 designation of a community empowerment area adopted 18 for this purpose by the Iowa empowerment board. 19 Sec. ___. TRANSITION BOARD. For the period 20 beginning on the effective date of this Act and ending 21 December 1, 1998, when the governor shall have 22 completed the appointments to the Iowa empowerment 23 board, the duties of the Iowa empowerment board under 24 section 7I.3, as enacted by this Act, shall be 25 performed by a transition board consisting of the 26 directors of the departments of human services, 27 education, and public health, citizen members of the 28 innovation zone board created in section 8A.2, Code 29 1997, and the six ex officio, nonvoting legislative 30 members of the board. 31 Sec. ___. EMERGENCY RULES. The transition Iowa 32 empowerment board, as established by this Act, may 33 adopt emergency rules under section 17A.4, subsection 34 2, and section 17A.5, subsection 2, paragraph "b", to 35 implement the provisions of this Act and the rules 36 shall be effective immediately upon filing unless a 37 later date is specified in the rules. Any rules 38 adopted in accordance with this section shall also be 39 published as a notice of intended action as provided 40 in section 17A.4. 41 Sec. ___. FUNDING AUTHORIZATION. For the fiscal 42 year beginning July 1, 1998, and ending June 30, 1999, 43 the Iowa empowerment board may determine amounts of 44 appropriations and categorical program funding for the 45 programs listed in this section which can be 46 attributed to community empowerment areas and may 47 reallocate the attributable portions to the community 48 empowerment areas which have applied for and are 49 determined to be eligible to receive the funding in 50 the form of a community empowerment grant. Page 12 1 Eligibility shall be limited to those community 2 empowerment areas determined by the Iowa empowerment 3 board under section 7I.3, as enacted by this Act, to 4 be eligible for an advanced community empowerment area 5 arrangement. Subject to any federal limitations, the 6 programs for which funding may be reallocated under 7 this section are as follows: 8 1. Child day care. 9 2. At-risk programs for preschool children. 10 3. Head start programs. 11 4. Parent education programs. 12 5. Children's health programs. 13 6. Substance abuse assessment and referral. 14 Sec. ___. INITIAL APPOINTMENTS. The governor 15 shall make the initial citizen appointments to the 16 Iowa empowerment board created in section 7I.2, as 17 enacted in this Act, as follows: 18 1. Two members to a one-year term. 19 2. Three members to a two-year term. 20 3. Three members to a three-year term. 21 Sec. ___. Sections 8A.2 and 217.9A, Code 1997, are 22 repealed effective June 30, 1998. 23 Sec. ___. EFFECTIVE DATE. This Act, being deemed 24 of immediate importance, takes effect upon enactment." 25 2. Title page, by striking lines 1 through 4 and 26 inserting the following: "An Act creating and 27 relating to an Iowa empowerment board, community 28 empowerment areas, and community empowerment area 29 boards, and providing an effective date." Veenstra of Sioux in the chair at 8:10 p.m. Houser of Pottawattamie offered amendment H-8723, to the committee amendment H-8455, filed by Houser, et al. Division was requested as follows: H-8723 1 Amend the amendment, H-8455, to Senate File 2406, 2 as amended, passed, and reprinted by the Senate, as 3 follows: H-8723A 4 1. Page 1, by inserting after line 4 the 5 following: 6 "Sec. ___. PURPOSE. The purpose of this Act is to 7 create a partnership between communities and state 8 government to improve the well-being of families with 9 young children. In addition, the purpose of this Act 10 is to reduce duplicative bureaucratic requirements 11 that are barriers to community efforts to improve the 12 efficiency and effectiveness of local education, 13 health, and human services programs." 14 2. Page 3, line 15, by inserting after the word 15 "bodies," the following: "for eliminating 16 bureaucratic duplication,". 17 3. Page 3, by inserting after line 33 the 18 following: 19 "d. Consolidating community-level committees, 20 planning groups, and other bodies with common 21 memberships formed in response to state requirements." H-8723B 22 4. Page 3, line 48, by inserting after the word 23 "process." the following: "The rules shall include 24 but are not limited to the following: 25 a. The core indicators of performance for the 26 school ready grant program, as described in section 27 7I.7. 28 b. Minimum standards to further the provision of 29 equal access to services subject to the authority of 30 community boards." H-8723A 31 5. Page 4, line 10, by inserting after the word 32 "sources." the following: "The initial focus of the 33 purpose is to improve results for families with young 34 children." 35 6. Page 4, line 41, by inserting after the word 36 "subsection." the following: "Terms of office of 37 community board members shall be three years." 38 7. Page 5, by inserting after line 10 the 39 following: 40 "___. A private community-based organization." H-8723B 41 8. Page 8, line 2, by inserting after the word 42 "report" the following: "and the Iowa board's 43 determination that the community board is measuring 44 through the use of performance indicators progress 45 toward and is achieving the desired results identified 46 in the grant plan. If progress is not measured 47 through the use of performance indicators toward 48 achieving the identified results, the Iowa board may 49 request a plan of corrective action or may withdraw 50 grant funding". Page 2 H-8723A 1 9. Page 8, by striking line 14, and inserting the 2 following: "among public or private education, human 3 services, or health". 4 10. Page 10, by striking lines 44 through 50 and 5 inserting the following: "zone, one or more school 6 districts, or a decategorization project, the initial 7 community empowerment board shall be the innovation 8 zone board, representatives of the school board or 9 boards, or the decategorization governing board, as 10 determined to be appropriate by the Iowa empowerment 11 board. In addition to any members of the innovation 12 zone board, representatives of the school board or 13 boards, or decategorization governance board, the 14 initial community empowerment board shall include at 15 a". 16 11. By renumbering as necessary. Foege of Linn moved the adoption of amendment 8723A, to the committee amendment H-8455. Amendment H-8723A was adopted placing amendment H-8656, to the committee amendment H-8455, filed by Ford of Polk on March 24, 1998, out of order. Brand of Tama offered the following amendment H-8642, to the committee amendment H-8455, filed by him and moved its adoption: H-8642 1 Amend the amendment, H-8455, to Senate File 2406, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 43, by inserting after the word 5 "board." the following: "At least one of the citizen 6 members shall be a service consumer or the parent of a 7 service consumer." 8 2. Page 4, line 41, by inserting after the word 9 "subsection." the following: "At least one member 10 shall be a service consumer or the parent of a service 11 consumer." Amendment H-8642 was adopted. Ford of Polk asked and received unanimous consent to withdraw amendment H-8657, to the committee amendment H-8455, filed by him on March 24, 1998. Houser of Pottawattamie asked and received unanimous consent that amendment H-8723B, to the committee amendment H-8455, be deferred. Ford of Polk offered the following amendment H-8755, to the committee amendment H-8455, filed by him and Foege of Linn and moved its adoption: H-8755 1 Amend the amendment, H-8455, to Senate File 2406, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 3, line 48, by inserting after the word 5 "process." the following: "The rules shall include 6 but are not limited to the following: 7 a. Performance indicators for community 8 empowerment areas, community boards, and the services 9 provided under the auspices of the community boards. 10 The performance indicators shall be developed with 11 input from community boards and shall build upon the 12 core indicators of performance for the school ready 13 grant program, as described in section 7I.7. 14 b. Minimum standards to further the provision of 15 equal access to services subject to the authority of 16 community boards." 17 2. Page 8, line 2, by inserting after the word 18 "report" the following: "and the Iowa board's 19 determination that the community board is measuring, 20 through the use of performance indicators developed by 21 the Iowa board with input from community boards, 22 progress toward and is achieving the desired results 23 identified in the grant plan. If progress is not 24 measured through the use of performance indicators 25 toward achieving the identified results, the Iowa 26 board may request a plan of corrective action or may 27 withdraw grant funding". 28 3. By renumbering as necessary. Amendment H-8755, to the committee amendment H-8455, was adopted, placing amendment H-8723B, to the committee amendment H-8455, out of order. Ford of Polk offered the following amendment H-8724, to the committee amendment H-8455, filed by him and moved its adoption: H-8724 1 Amend the amendment, H-8455, to Senate File 2406, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 5, by inserting after line 10 the 5 following: 6 "___. A neighborhood association." 7 2. By renumbering as necessary. Amendment H-8724 was adopted. Houser of Pottawattamie asked and received unanimous consent to withdraw amendment H-8775, to the committee amendment H-8455, filed by him from the floor. Houser of Pottawattamie offered the following amendment H-8789, to the committee amendment H-8455, filed by him from the floor and moved its adoption: H-8789 1 Amend the amendment, H-8455, to Senate File 2406, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 8, lines 38 and 39, by striking the words 5 "under the authority of the Iowa empowerment board". 6 2. Page 8, by striking lines 46 through 50 and 7 inserting the following: 8 "2. A school ready children grants account is 9 created in the Iowa empowerment fund under the 10 authority of the director of the department of 11 education. Moneys credited to the account shall be 12 distributed by the department of education in the form 13 of grants to community empowerment areas pursuant to 14 criteria established by the Iowa board in accordance 15 with law. 16 3. An early childhood programs grant account is 17 created in the Iowa empowerment fund under the 18 authority of the director of human services. Moneys 19 credited to the account shall be distributed by the 20 department of human services in the form of grants to 21 community empowerment areas pursuant to criteria 22 established by the Iowa board in accordance with law." 23 3. Page 10, line 37 by inserting after the word 24 "Act." the following: "The Iowa board shall submit to 25 the governor and the general assembly a proposed 26 funding formula for distribution of school ready 27 children grant moneys as necessary for statewide 28 implementation of the grant program for the fiscal 29 year beginning July 1, 1999, and subsequent fiscal 30 years." 31 4. Page 11, line 46 by inserting after the word 32 "may" the following: "recommend that the appropriate 33 department". 34 5. By renumbering as necessary. Amendment H-8789 was adopted. Houser of Pottawattamie moved the adoption of the committee amendment H-8455, as amended. Speaker Corbett in the chair at 8:52 p.m. The committee amendment H-8455, as amended, was adopted. Houser 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. 2406) The ayes were, 97: Arnold Barry Bell Bernau Blodgett 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 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, 2: Boddicker O'Brien The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. LEAVE OF ABSENCE Leave of absence was granted as follows: Kremer of Buchanan on request of Heaton of Henry; Boddicker of Cedar on request of Speaker Corbett. Regular Calender Senate File 2257, a bill for an act relating to the regulation of and motor vehicle operation on the roads and streets of this state by providing for the classification of the system of roads and streets, authorizing easements on state-controlled lands, providing for the admissibility of official records of the state department of transportation, regulating motor vehicles and motor vehicle dealers, authorizing maintenance vehicles to stop or park on the traveled way of the roadway, allowing single trucks a variance on their maximum length, administering of motor vehicle laws by the state department of transportation concerning motor vehicle dealer sales, multiyear vehicle and vehicle dealer licensing, requiring the payment of certain civil penalties before issuance of temporary restricted licenses, and modifying the compilation requirements for airport sufficiency ratings, with report of committee recommending passage, was taken up for consideration. Carroll of Poweshiek asked and received unanimous consent to withdraw amendment H-8551 filed by Carroll, et al., on March 23, 1998. Drake of Pottawattamie offered the following amendment H-8683 filed by Drake, et al., and moved its adoption: H-8683 1 Amend Senate File 2257, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 9, by inserting after line 17 the 4 following: 5 "Sec. ___. Section 321.1, subsection 32, paragraph 6 b, Code Supplement 1997, is amended to read as 7 follows: 8 b. Any vehicle which is principally designed for 9 agricultural purposes and which is moved during 10 daylight hours for a distance not to exceed one 11 hundred miles by a personeitherin any of the 12 following ways: 13 (1) From a place at which the vehicles are 14 manufactured, fabricated, repaired, or sold to a farm 15 site or a retail seller or from a retail seller to a 16 farm site;. 17 (2) To a place at which the vehicles are 18 manufactured, fabricated, repaired, or sold from a 19 farm site or a retail seller or to a retail seller 20 from a farm site; or. 21 (3) From a place where the vehicles are housed, 22 maintained, or stored to a farm site, retail seller, 23 place of repair, or marketplace. 24 (4) From a farm site, retail seller, place of 25 repair, or marketplace to a place where the vehicles 26 are housed, maintained, or stored. 27(3)(5) From one farm site to another farm site. 28 (6) From a farm site to market or from a market to 29 a farm site. 30 For the purpose of this subsection and sections 31 321.383 and 321.453, "farm site" means a place or 32 location at which vehicles principally designed for 33 agricultural purposes are used or intended to be used 34 in agricultural operations or for the purpose of 35 exhibiting, demonstrating, testing, or experimenting 36 with the vehicles." Amendment H-8683 was adopted. Huser 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. 2257) The ayes were, 96: Arnold Barry Bell Bernau Blodgett 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 Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 4: Boddicker Kremer O'Brien Van Maanen 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 2529, a bill for an act updating the Iowa Code references to the Internal Revenue Code, exempting certain preneed funeral trust income from taxation, revising the carryback and carryover periods for certain net operating losses, providing refunds, and providing an effective date and retroactive applicability dates, was taken up for consideration. SENATE FILE 2357 SUBSTITUTED FOR HOUSE FILE 2529 Holmes of Scott asked and received unanimous consent to substitute Senate File 2357 for House File 2529. Senate File 2357, a bill for an act updating the Iowa Code references to the Internal Revenue Code, exempting certain preneed funeral trust income from taxation, revising the carryback and carryover periods for certain net operating losses, providing refunds, and providing an effective date and retroactive applicability dates, was taken up for consideration. Holmes of Scott moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2357) The ayes were, 96: Arnold Barry Bell Bernau Blodgett 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 Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 4: Boddicker Kremer O'Brien Van Maanen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 2529 WITHDRAWN Holmes of Scott asked and received unanimous consent to withdraw House File 2529 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 Files 2406, 2257 and 2357. House File 2530, a bill for an act relating to the administration of the tax and related laws by the department of revenue and finance, including administration of state individual income, corporate income, franchise, sales, services, and use, motor fuel, cigarette and tobacco, local option, inheritance and estate, and property taxes and the livestock production credit; providing penalties; and including effective and retroactive applicability date provisions, was taken up for consideration. Holmes 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. 2530) The ayes were, 93: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Lamberti Larkin Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 2: Fallon Larson Absent or not voting, 5: Boddicker Connors Kremer O'Brien Van Maanen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Regular Calendar Senate File 2397, a bill for an act relating to the operation and regulation of certain insurance companies, miscellaneous provisions relating to small group health care coverage, the ability of certain insurers to bring an action in certain instances, and the elimination of countersigning resident agent provisions, with report of committee recommending passage, was taken up for consideration. Warnstadt of Woodbury asked and received unanimous consent to withdraw amendment H-8718 filed by him on March 25, 1998. Sukup of Franklin 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. 2397) The ayes were, 93: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 1: Fallon Absent or not voting, 6: Boddicker Connors Kremer O'Brien Shoultz Van Maanen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 2325, a bill for an act amending the Uniform Securities Act, by regulating persons involved in managing investments, providing for the administration of the securities bureau, providing fees, and providing for penalties, with report of committee recommending passage, was taken up for consideration. Chapman of Linn offered the following amendment H-8761 filed by her from the floor and moved its adoption: H-8761 1 Amend Senate File 2325, as passed by the Senate, as 2 follows: 3 1. By striking page 17, line 28, through page 18, 4 line 8. 5 2. Title page, line 4, by inserting after the 6 word "penalties" the following: "and effective 7 dates". 8 3. By renumbering as necessary. Amendment H-8761 was adopted. Chapman of Linn 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. 2325) The ayes were, 93: Arnold Barry Bell Bernau Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon 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 Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 7: Boddicker Connors Kremer Nelson O'Brien Shoultz Van Maanen The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House File 2530, Senate Files 2397 and 2325. EXPLANATION OF VOTE I was necessarily absent from the House chamber on March 30, 1998. Had I been present, I would have voted "aye" on House File 2272 and Senate Files 2113, 2269 and 2348. VAN FOSSEN of Scott BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR The Chief Clerk of the House submitted the following report: Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bills have been examined and found correctly enrolled, signed by the Speaker of the House and the President of the Senate, and presented to the Governor for his approval on this 27th day of March, 1998: House Files 2146, 2210, 2246, 2317, 2324 and 2353. Also presented to the Governor for his approval on this 30th day of March, 1998: House Files 58, 530, 2292, 2340, 2412, 2429, 2435, 2438, 2456, 2492, 2502 and 2516. ELIZABETH A. ISAACSON Chief Clerk of the House Report adopted. SPECIAL PRESENTATION Frevert of Palo Alto presented to the House the Honorable Janet Adams, former State Representative from Webster County. Koenigs of Mitchell presented to the House the Honorable Representative Con Bunde of Anchorage, Alaska. Speaker pro tempore Van Maanen of Marion presented to the House the Honorable Jim Geringer, Governor of Wyoming. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Nine German exchange students from Hildesheim Lower Saxony, accompanied by Superintendent Ed Hawks of Underwood School and J"\"rgen Einhoff. By Barry of Harrison and Drake of Pottawattamie. Twenty-eight 8th grade students from Camanche Middle School, Camanche, accompanied by Willard Larsen. By Bradley of Clinton. Twelve students from Camanche Middle School, Camanche, accompanied by Willard Larsen. By Bradley of Clinton. Sixteen Peer Helpers from Davis County Middle School, Bloomfield, accompanied by Constance Miller and Joe Plowman. By Kreiman of Davis. Fifty-five 6th grade students from Indianola Middle School, Indianola, accompanied by Dave Brighton. By Richardson of Warren. COMMUNICATION RECEIVED The following communication was received and filed in the office of the Chief Clerk: DEPARTMENT OF HUMAN SERVICES A report on the Registered Child Care Home Pilot Project, pursuant to Chapter 151.4, 1997 Acts of the Seventy-seventh General Assembly. CERTIFICATES OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificates of recognition have been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1998\346 Mary Hanzelka, Senior Vice President of Solon State Bank - For her retirement after a 45 year banking career. 1998\347 Robert and Dorothy Gaines, Mt. Vernon - For celebrating their 50th wedding anniversary. 1998\348 Emil and Evelyn Lamparek, Cedar Rapids - For celebrating their 60th wedding anniversary. 1998\349 Dale and Dorothy Steckly, Oxford - For celebrating their 50th wedding anniversary. 1998\350 Beverly Dickerson, Indianola - For her retirement after 33 years as Warren County Auditor. 1998\351 Art and LaVaun Johnston, Coin - For celebrating their 65th wedding anniversary. 1998\352 Jeremy Fischer, Dubuque - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1998\353 Associated General Contractors of Iowa, Des Moines - For being selected by the Associated General Contractors of America as their national "Chapter of the Year" for 1997 and for receiving the national award for "Best Overall Public Relation Campaign" for 1997. 1998\354 Doyle and Beverly Van Essen, Prairie City - For celebrating their 50th wedding anniversary. 1998\355 Robert and Martha Guthrie, Newton - For celebrating their 50th wedding anniversary. 1998\356 Wesley and Golda Gatch, Newton - For celebrating their 60th wedding anniversary. 1998\357 Rose Metz, Indianola - For retiring after 24 years as Office Manager at Indianola Municipal Utilities. 1998\358 Doug and Lynne Johnson, Fairfield - For receiving the Wallaces Farmer 1998 Iowa Master Farmers Award. 1998\359 Shawn Driscol, Kalona - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1998\360 Darrell Whitaker, Fairfield - For celebrating his 95th birthday. 1998\361 Dick and Maxine Blackford, Carlisle - For celebrating their 50th wedding anniversary. 1998\362 Esther and Cecil Lennox, Selma - For celebrating their 50th wedding anniversary. 1998\363 Raymond and Edna Dorothy, Stockport - For celebrating their 65th wedding anniversary. AMENDMENTS FILED H-8762 H.F. 2498 Murphy of Dubuque H-8763 H.F. 2539 Garman of Story H-8764 S.F. 187 Klemme of Plymouth H-8765 S.F. 367 Weigel of Chickasaw H-8766 S.F. 2052 Warnstadt of Woodbury H-8767 S.F. 2380 Weigel of Chickasaw H-8768 S.F. 2380 Weigel of Chickasaw H-8769 S.F. 2380 Koenigs of Mitchell H-8770 S.F. 2380 Koenigs of Mitchell H-8771 S.F. 2380 Koenigs of Mitchell H-8772 S.F. 58 Taylor of Linn H-8773 S.F. 58 Taylor of Linn H-8774 S.F. 2380 Wise of Lee H-8778 S.F. 2280 Blodgett of Cerro Gordo May of Worth H-8779 H.F. 2539 Murphy of Dubuque H-8780 H.F. 2539 Murphy of Dubuque H-8781 S.F. 58 Rants of Woodbury Grundberg of Polk H-8782 S.F. 2296 Cormack of Webster H-8783 H.F. 2539 Bell of Jasper H-8785 H.F. 2539 Millage of Scott H-8786 S.F. 2391 Lamberti of Polk H-8787 S.F. 2331 Bernau of Story H-8788 H.F. 2539 Doderer of Johnson Kreiman of Davis H-8790 H.F. 2518 Murphy of Dubuque Brand of Tama H-8791 H.F. 2539 Kreiman of Davis H-8792 S.F. 530 Metcalf of Polk Larson of Linn H-8793 H.F. 2538 Warnstadt of Woodbury Whitead of Woodbury On motion by Siegrist of Pottawattamie, the House adjourned at 9:43 p.m., until 8:45 a.m., Tuesday, March 31, 1998. Correction to the Journal of March 26, 1998 Page 999 - Amendment H-8696 by Grundberg of Polk was adopted.
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