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Ninety-fourth Calendar Day - Sixty-third Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, April 15, 1998 The House met pursuant to adjournment at 8:50 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend Robert Connors, Union Park Christian Church, Des Moines. The Journal of Tuesday, April 14, 1998 was approved. PETITION FILED The following petition was received and placed on file: By Thomas of Clayton, from twenty-one Area I K-12 superintendents, Keystone AEA administrator and northeast Iowa community college president favoring Senate Study Bill 2209, oversight and communications appropriations and upgrade of the ICN network during this legislative session. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 14, 1998, concurred in the House amendment to the Senate amendment, and passed the following bill in which the concurrence of the Senate was asked: House File 667, a bill for an act relating to the Iowa administrative procedure Act and providing an effective and applicability date. Also: That the Senate has on April 14, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2153, a bill for an act providing that member contributions under certain public retirement systems are considered employer contributions for state income tax purposes, and providing effective and applicability date provisions. Also: That the Senate has on April 14, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 2496, a bill for an act relating to public retirement systems, and providing effective, implementation, and applicability dates. Also: That the Senate has on April 14, 1998, concurred in the House amendment to the Senate amendment, and passed the following bill in which the concurrence of the Senate was asked: House File 2539, a bill for an act relating to and making appropriations to the justice system and providing effective dates. Also: That the Senate has on April 14, 1998, adopted the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 119, a concurrent resolution requesting the Legislative Council to establish a sentencing commission. Also: That the Senate has on April 14, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 187, a bill for an act relating to the issuance of licenses and the imposition of fees for the fishing, trapping, hunting, pursuing, catching, killing, or taking of wild animals, birds, game, or fish, providing for other properly related matters, and subjecting violators to existing penalties, and providing effective and applicability dates. Also: That the Senate has on April 14, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2377, a bill for an act relating to the sixth judicial district pilot probation revocation project and providing for effective dates and for repeal of the pilot project provisions. Also: That the Senate has on April 14, 1998, amended the House amendment, concurred in the House amendment as amended, and passed the following bill in which the concurrence of the House is asked: Senate File 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. Also: That the Senate has on April 14, 1998, amended the House amendment, concurred in the House amendment as amended, and passed the following bill in which the concurrence of the House is asked: Senate File 2410, a bill for an act relating to appropriations for the department of human services and the prevention of disabilities policy council and including other provisions and appropriations involving human services and health care, and providing effective dates and an applicability provision. Also: That the Senate has on April 14, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2413, a bill for an act relating to exemptions from and reductions in solid waste tonnage fees for certain persons. MARY PAT GUNDERSON, Secretary SENATE AMENDMENT CONSIDERED Blodgett of Cerro Gordo called up for consideration House File 2166, a bill for an act relating to regulation of food establishments and providing for fees and penalties and providing an effective date, amended by the Senate amendment H-8996 as follows: H-8996 1 Amend House File 2166, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 4, by striking line 16 and inserting the 4 following: "of forty-five degrees Fahrenheit or seven 5 degrees Celsius or". 6 2. Page 4, by striking lines 20 through 31. 7 3. Page 4, line 32, by inserting after the word 8 "home" the following: "where food is prepared or 9 stored for family consumption". 10 4. Page 4, line 32, by inserting after the word 11 "or" the following: "in". 12 5. Page 6, line 32, by striking the word "A" and 13 inserting the following: "Places used by a". 14 6. Page 6, line 34, by striking the word "is" and 15 inserting the following: "are". 16 7. Page 7, line 8, by striking the words "not 17 potentially" and inserting the following: 18 "nonpotentially". 19 8. Page 7, by inserting after line 15 the 20 following: 21 "6A. 3-301.11(B) shall be amended by deleting the 22 section and replacing it with the following: 23 (1) Except when washing fruits and vegetables, 24 food employees should, to the extent practicable, 25 avoid contact with exposed, ready-to-eat food with 26 their bare hands. Where ready-to-eat food is 27 routinely handled by employees, employers should adopt 28 reasonable sanitary procedures to reduce the risk of 29 the transmission of pathogenic organisms. 30 (2) In seeking to minimize employees' physical 31 contact with ready-to-eat foods, no single method or 32 device is universally practical or necessarily the 33 most effective method to prevent the transmission of 34 pathogenic organisms in all situations. As such, each 35 public food service establishment shall review its 36 operations to identify procedures where ready-to-eat 37 food must be routinely handled by its employees and 38 adopt one or more of the following sanitary 39 alternatives, to be used either alone or in 40 combination, to prevent the transmission of pathogenic 41 organisms: 42 (a) The use of suitable food handling materials 43 including, but not limited to, deli tissues, 44 appropriate utensils, or dispensing equipment. Such 45 materials must be used in conjunction with thorough 46 hand washing practices in accord with paragraph (c). 47 (b) The use of single-use gloves, for the purpose 48 of preparing or handling ready-to-eat foods, shall be 49 discarded when damaged or soiled or when the process 50 of food preparation or handling is interrupted. Page 2 1 Single-use gloves must be used in conjunction with 2 thorough hand washing practices in accord with 3 paragraph (c). 4 (c) The use, pursuant to the manufacturer's 5 instructions, of anti-microbial soaps, with the 6 additional optional use of anti-bacterial protective 7 skin lotions or anti-microbial hand sanitizers, 8 rinses, or dips. All such soaps, lotions, sanitizers, 9 rinses, and dips must contain active topical anti- 10 microbial or anti-bacterial ingredients, registered by 11 the United States environmental protection agency, 12 cleared by the United States food and drug 13 administration, and approved by the United States 14 department of agriculture. 15 (d) The use of such other practices, devices, or 16 products that are found by the division to achieve a 17 comparable level of protection to one or more of the 18 sanitary alternatives in paragraphs (a) through (c). 19 (3) Regardless of the sanitary alternatives in 20 use, each public food service establishment shall 21 establish: 22 (a) Systematic focused education and training of 23 all food service employees involved in the identified 24 procedures regarding the potential for transmission of 25 pathogenic organisms from contact with ready-to-eat 26 food. The importance of proper hand washing and 27 hygiene in preventing the transmission of illness, and 28 the effective use of the sanitary alternatives and 29 monitoring systems utilized by the public food service 30 establishment, shall be reinforced. The content and 31 duration of this training shall be determined by the 32 manager of the public food service establishment. 33 (b) A monitoring system to demonstrate the proper 34 and effective use of the sanitary alternatives 35 utilized by the public food service establishment." 36 9. Page 8, line 17, by inserting after the word 37 "functions." the following: "A municipal corporation 38 may only enter into an agreement to enforce the Iowa 39 food code pursuant to this section if it also agrees 40 to enforce the Iowa hotel sanitation code pursuant to 41 section 137C.6." 42 10. Page 9, lines 19 and 20, by striking the 43 words "open or operate a food establishment or food 44 processing plant" and inserting the following: 45 "operate a food establishment or food processing plant 46 to provide goods or services to the general public, or 47 open a food establishment to the general public,". 48 11. Page 10, line 12, by striking the word 49 "seventy-five" and inserting the following: "twenty". 50 12. Page 10, lines 18 and 19, by striking the Page 3 1 words "or a section of a food establishment,". 2 13. Page 10, line 20, by striking the word 3 "service," and inserting the following: "service 4 intended for consumption on-the-premises,". 5 14. Page 10, line 21, by inserting after the word 6 "gross" the following: "food and beverage". 7 15. Page 10, line 23, by striking the word 8 "sixty" and inserting the following: "fifty". 9 16. Page 10, line 25, by striking the words 10 "dollars, one hundred" and inserting the following: 11 "dollars, eighty-five". 12 17. Page 10, line 28, by striking the words 13 "dollars, two" and inserting the following: "dollars, 14 one". 15 18. Page 10, line 29, by inserting after the word 16 "hundred" the following: "seventy-five". 17 19. Page 10, by striking line 31 and inserting 18 the following: "dollars but less than five hundred 19 thousand dollars, two hundred dollars". 20 20. Page 10, by inserting after line 31 the 21 following: 22 "e. Annual gross sales of five hundred thousand 23 dollars or more, two hundred twenty-five dollars." 24 21. Page 10, lines 32 and 33, by striking the 25 words "or section of a food establishment,". 26 22. Page 11, line 1, by inserting after the word 27 "gross" the following: "food and beverage". 28 23. Page 11, line 16, by inserting after the word 29 "gross" the following: "food and beverage". 30 24. Page 11, line 29, by inserting after the word 31 "fees" the following: "not to exceed seventy-five 32 percent of the total fees applicable". 33 25. Page 14, line 12, by striking the words 34 "commits a simple misdemeanor" and inserting the 35 following: "shall be subject to a civil penalty of 36 one hundred dollars for each violation". 37 26. By renumbering, relettering, or redesignating 38 and correcting internal references as necessary. Blodgett of Cerro Gordo offered the following amendment H-9123, to the Senate amendment H-8996, filed by him and moved its adoption: H-9123 1 Amend the Senate amendment, H-8996, to House File 2 2166, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 3, by striking lines 30 through 32. 5 2. By renumbering as necessary. A non-record roll call was requested. The ayes were 30, nays 56. Amendment H-9123 lost. Blodgett of Cerro Gordo offered the following amendment H-9122, to the Senate amendment H-8996, filed by him and moved its adoption: H-9122 1 Amend the Senate amendment, H-8996, to House File 2 2166, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 3, by striking lines 7 through 23. 5 2. By renumbering as necessary. A non-record roll call was requested. The ayes were 23, nays 44. Amendment H-9122 lost. On motion by Blodgett of Cerro Gordo the House concurred in the Senate amendment H-8996. Blodgett of Cerro Gordo 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. 2166) The ayes were, 98: 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 Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 2: Falck Larson Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 15, 1998, adopted the following resolution in which the concurrence of the Senate was asked: House Concurrent Resolution 120, a concurrent resolution congratulating Dr. Joan Roberts for being named the 1997 Iowa Secondary Principal of the Year. Also: That the Senate has on April 15, 1998, adopted the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 116, a concurrent resolution congratulating Dr. Joan Roberts for being named the 1997 Iowa Secondary Principal of the Year. MARY PAT GUNDERSON, Secretary CONSIDERATION OF BILLS Unfinished Business Calendar Senate File 2038, a bill for an act relating to disqualification from voting or registering to vote for reasons of mental incompetence, with report of committee recommending amendment and passage, was taken up for consideration. Jochum of Dubuque offered the following amendment H-9047 filed by her and Grundberg of Polk and moved its adoption: H-9047 1 Amend Senate File 2038, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by striking lines 3 through 8 and 4 inserting the following: 5 "3. "Person who is mentally incompetent to vote" 6 means a person who has beenlegally determined to be7severely or profoundly mentally retarded, or has been8 foundincompetentto lack the mental capacity to vote 9 in a proceeding held pursuant to section229.27222.31 10 or 633.556." 11 2. By striking page 2, line 29, through page 3, 12 line 18. 13 3. Page 3, by striking lines 25 through 27 and 14 inserting the following: "persons who at any time 15 during the preceding calendar month have been legally 16 declared to be mentally incompetent to vote." Amendment H-9047 was adopted. Jochum of Dubuque 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. 2038) The ayes were, 99: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 1: Murphy The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House File 2166 and Senate File 2038. ADOPTION OF HOUSE RESOLUTION 106 Fallon of Polk asked and received unanimous consent for the immediate consideration of House Resolution 106, a resolution congratulating Ms. Ruth Ann Gaines for being named the Iowa Teacher of the Year for 1998, and moved its adoption. The motion prevailed and the resolution was adopted. Fallon of Polk introduced Ms. Gaines who briefly addressed the House. The House rose and expressed its welcome. SPECIAL PRESENTATION Conners of Polk introduced Dr. Joan Roberts, the 1997 Iowa Secondary Principal of the Year who briefly addressed the House. The House rose and expressed its welcome. ADOPTION OF HOUSE CONCURRENT RESOLUTION 121 Thomas of Clayton asked and received unanimous consent for the immediate consideration of House Concurrent Resolution 121, a concurrent resolution recognizing and honoring members of the Save the Backbone Lake Committee who participated in the restoration of Backbone Lake in Backbone State Park, and moved its adoption. The motion prevailed and the resolution was adopted. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House Concurrent Resolution 121 be immediately messaged to the Senate. Appropriations Calendar The House resumed consideration of House File 2558, a bill for an act relating to mental health, developmental disability, and substance abuse service and payment provisions, and including an applicability provision and an effective date, previously deferred, and amendment H-9167 found on pages 1617 through 1619 of the House Journal. Heaton of Henry offered the following amendment H-9175, to amendment H-9167 filed by him and moved its adoption: H-9175 1 Amend the amendment, H-9167, to House File 2558 as 2 follows: 3 1. Page 1, by striking lines 23 through 49. Amendment H-9175 was adopted. Heaton of Henry moved the adoption of amendment H-9167, as amended. Amendment H-9167, as amended, was adopted. Gipp of Winneshiek offered the following amendment H-9174 filed by him and moved its adoption: H-9174 1 Amend House File 2558 as follows: 2 1. Page 9, line 20, by striking the word 3 "syndrome" and inserting the following: "syndrome, 4 who, due to their disability, experience limitations 5 in three or more of the major life activities as 6 defined in the federal Developmental Disability 7 Assistance and Bill of Rights Act, Pub. L. No. 101- 8 496,". Amendment H-9174 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?" (H.F. 2558) The ayes were, 97: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo 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 Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 3: Churchill Kinzer Van Fossen The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. Speaker pro tempore Van Maanen of Marion in the chair at 10:26 a.m. Ways and Means Calendar House File 2550, a bill for an act exempting services provided by licensed massage therapists from the state services tax, was taken up for consideration. Lord of Dallas 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. 2550) The ayes were, 96: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, 2: Bernau Chapman Absent or not voting, 2: Frevert Kinzer The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. SENATE AMENDMENTS CONSIDERED Martin of Scott called up for consideration House File 2496, a bill for an act relating to public retirement systems, and providing effective, implementation, and applicability dates, amended by the Senate, and moved that the House concur in the following Senate amendment H-9180: H-9180 1 Amend House File 2496, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 20, line 15, by inserting after the word 4 "years," the following: "the department shall provide 5 written notification to the member that". 6 2. By striking page 51, line 35, through page 52, 7 line 2, and inserting the following: "context 8 otherwise provides: 9 a. "Member" means a vested member who is 10 classified as a special service member under section 11 97B.1A, subsection 21, at the time of the alleged 12 disability. 13 b. "Net disability retirement allowance" means the 14 amount determined by subtracting the amount paid 15 during the previous calendar year by the member for 16 health insurance or similar health care coverage for 17 the member and the member's dependents from the amount 18 of the member's disability retirement allowance paid 19 for that year pursuant to this section. 20 c. "Reemployment comparison amount" means an 21 amount equal to the current covered wages of an active 22 special service member at the same position on the 23 salary scale within the rank or position the member 24 held at the time the member received a disability 25 retirement allowance pursuant to this section. If the 26 rank or position held by the member at the time of 27 retirement pursuant to this section is abolished, the 28 amount shall be computed by the department as though 29 the rank or position had not been abolished and salary 30 increases had been granted on the same basis as 31 granted to other ranks or positions by the former 32 employer of the member. The reemployment comparison 33 amount shall not be less than the three-year average 34 covered wage of the member." 35 3. Page 52, line 4, by striking the words 36 "Effective July 1, 1999, a" and inserting the 37 following: "A". 38 4. Page 52, by striking lines 10 and 11 and 39 inserting the following: "97B.49G, as applicable." 40 5. Page 52, line 28, by inserting after the word 41 "commenced." the following: "A member who is denied a 42 benefit under this subsection, by reason of a finding 43 by the department that the member is not mentally or 44 physically incapacitated for the further performance 45 of duty, shall be entitled to be restored to active 46 service in the same or comparable special service 47 position held by the member immediately prior to the 48 application for disability benefits." 49 6. Page 53, line 2, by inserting after the word 50 "commenced" the following: ", the presumption Page 2 1 established in this paragraph shall not apply". 2 7. Page 53, line 5, by striking the word 3 "greatest" and inserting the following: "greater". 4 8. Page 53, line 6, by striking the words 5 "subsection, a" and inserting the following: 6 "subsection or a". 7 9. Page 53, lines 8 through 10, by striking the 8 words ", or a disability retirement allowance 9 calculated under section 97B.50, subsection 2". 10 10. Page 53, line 16, by striking the words and 11 figures "Effective July 1, 1999, a" and inserting the 12 following: "A". 13 11. Page 53, by striking lines 21 and 22 and 14 inserting the following: "97B.49G, as applicable." 15 12. Page 54, line 1, by inserting after the word 16 "commenced." the following: "A member who is denied a 17 benefit under this subsection, by reason of a finding 18 by the department that the member is not mentally or 19 physically incapacitated for the further performance 20 of duty, shall be entitled to be restored to active 21 service in the same or comparable special service 22 position held by the member immediately prior to the 23 application for disability benefits." 24 13. Page 54, line 3, by striking the word 25 "greatest" and inserting the following: "greater". 26 14. Page 54, line 5, by striking the words 27 "subsection, a" and inserting the following: 28 "subsection or a". 29 15. Page 54, lines 7 and 8, by striking the words 30 ", or a disability retirement allowance calculated 31 under section 97B.50, subsection 2". 32 16. Page 54, by inserting after line 12 the 33 following: 34 "___. WAIVER OF ALLOWANCE. A member receiving a 35 disability retirement allowance under this section may 36 file an application to receive benefits pursuant to 37 section 97B.50, subsection 2, in lieu of receiving a 38 disability retirement allowance under the provisions 39 of this section, if the member becomes eligible for 40 benefits under section 97B.50, subsection 2. An 41 application to receive benefits pursuant to section 42 97B.50, subsection 2, shall be filed with the 43 department within sixty days of becoming eligible for 44 benefits pursuant to that section or the member shall 45 be ineligible to elect coverage under that section. 46 On the first of the month following the month in which 47 a member's application is approved by the department, 48 the member's election of coverage under section 49 97B.50, subsection 2, shall become effective and the 50 member's eligibility to receive a disability Page 3 1 retirement allowance pursuant to this section shall 2 cease. Benefits payable pursuant to section 97B.50, 3 subsection 2, shall be calculated using the option 4 choice the member selected for payment of a disability 5 retirement allowance pursuant to this section. An 6 application to elect coverage under section 97B.50, 7 subsection 2, is irrevocable upon approval by the 8 department." 9 17. Page 55, line 18, by inserting after the word 10 "members." the following: "If a member receiving a 11 disability retirement allowance returns to special 12 service employment, then the period of time the member 13 received a disability retirement allowance shall 14 constitute eligible service as defined in section 15 97B.49B, subsection 1, or section 97B.49C, subsection 16 1, as applicable." 17 18. Page 55, by striking lines 21 through 27 and 18 inserting the following: 19 "b. (1) If a member receiving a disability 20 retirement allowance is engaged in a gainful 21 occupation that is not covered employment, the 22 member's disability retirement allowance shall be 23 reduced, if applicable, as provided in this paragraph. 24 (2) If the member is engaged in a gainful 25 occupation paying more than the difference between the 26 member's net disability retirement allowance and one 27 and one-half times the reemployment comparison amount 28 for that member, then the amount of the member's 29 disability retirement allowance shall be reduced to an 30 amount such that the member's net disability 31 retirement allowance plus the amount earned by the 32 member shall equal one and one-half times the 33 reemployment comparison amount for that member. 34 (3) The member shall submit sufficient 35 documentation to the system to permit the system to 36 determine the member's net disability retirement 37 allowance and earnings from a gainful occupation that 38 is not covered employment for the applicable year. 39 (4) This paragraph does not apply to a member who 40 is at least fifty-five years of age and would have 41 completed a sufficient number of years of service if 42 the member had remained in active special service 43 employment. For purposes of this subparagraph, a 44 sufficient number of years of service shall be twenty- 45 five for a special service member as described in 46 section 97B.49B or twenty-two years of service for a 47 special service member as described in section 48 97B.49C." 49 19. Page 58, by striking lines 8 through 10 and 50 inserting the following: "submit to the department Page 4 1 any documentation the department". 2 20. Page 58, by inserting after line 16 the 3 following: 4 "12. APPLICABILITY - RETROACTIVITY. 5 a. This section applies to a member who becomes 6 disabled on or after July 1, 1999, and also applies to 7 a member who becomes disabled prior to July 1, 1999, 8 if the member has not terminated special service 9 employment as of June 30, 1999. 10 b. To qualify for benefits under this section, a 11 member must file a completed application with the 12 department within one year of the member's termination 13 of employment. A member eligible for a disability 14 retirement allowance under this section is entitled to 15 receipt of retroactive adjustment payments for no more 16 than six months immediately preceding the month in 17 which the completed application for receipt of a 18 disability retirement allowance under this section is 19 approved." 20 21. Page 78, by striking lines 5 through 14 and 21 inserting the following: "chapter 97Bbased upon any22of the following:23(a) Meeting the requirements for receiving24retirement benefits pursuant to chapter 97B based upon25having attained at least sixty-two years of age and26upon having completed at least thirty years of27membership service.28(b) Meeting the requirements for receiving29benefits under section 97B.49, subsection 16, without30a reduction for years of service pursuant to section3197B.49, subsection 16, paragraph". 32 22. Page 80, line 4, by striking the figure 33 "1993" and inserting the following: "1991 or 1993, as 34 applicable". 35 23. Page 80, line 19, by striking the word and 36 figures "November 1, 1993" and inserting the 37 following: "January 1, 1992". 38 24. Page 80, line 22, by striking the word and 39 figure "Code 1993" and inserting the following: "Code 40 1991 or 1993, as applicable". 41 25. Page 81, by inserting after line 19 the 42 following: 43 "Sec. ___. STUDY OF ESTABLISHMENT OF A BENEFITS 44 ADVISORY BOARD. The public employees' retirement 45 system division shall study the possible establishment 46 of a benefits advisory board and shall make 47 recommendations concerning the establishment of a 48 benefits advisory board. The study shall consider the 49 duties to be assigned to a potential benefits advisory 50 board, the membership of the board and the manner of Page 5 1 selecting members to the board, and the authority of 2 the board concerning any recommendations it may be 3 empowered to make concerning benefits to be provided 4 to members of the Iowa public employees' retirement 5 system. The division shall submit a report concerning 6 the results of its study to the general assembly on or 7 before January 8, 1999, and shall include its findings 8 and any recommended proposal or proposals." 9 26. Page 86, by inserting after line 24 the 10 following: 11 "Sec. ___. Section 411.15, Code 1997, is amended 12 to read as follows: 13 411.15 HOSPITALIZATION AND MEDICAL ATTENTION. 14 Cities shall provide hospital, nursing, and medical 15 attention for the members of the police and fire 16 departments of the cities, when injured while in the 17 performance of their duties as members of such 18 department, and shall continue to provide hospital, 19 nursing, and medical attention for injuries or 20 diseases incurred while in the performance of their 21 duties for members receiving a retirement allowance 22 under section 411.6, subsection 6, and the. Cities 23 may provide the hospital, nursing, and medical 24 attention required by this section through the 25 purchase of insurance, by self-insuring the 26 obligation, or through payment of moneys into a local 27 government risk pool established for the purpose of 28 covering the costs associated with the requirements of 29 this section. The cost of providing the hospital, 30 nursing, and medical attention required by this 31 section shall be paid from moneys held in a trust and 32 agency fund established pursuant to section 384.6, or 33 out of the appropriation for the department to which 34 the injured person belongs or belonged; provided that 35 any amounts received by the injured person under the 36 workers' compensation law of the state, or from any 37 other source for such specific purposes, shall be 38 deducted from the amount paid by the city under the 39 provisions of this section." 40 27. Page 87, line 34, by striking the words "city 41 administrator,". 42 28. By renumbering, relettering, or redesignating 43 and correcting internal references as necessary. The motion prevailed and the House concurred in the Senate amendment H-9180. Martin of Scott 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. 2496) The ayes were, 97: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 2: Frevert Huser Under the provision of Rule 76, conflict of interest, Fallon of Polk refrained from voting. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 2550 and 2496. Houser of Pottawattamie called up for consideration Senate File 2410, a bill for an act relating to appropriations for the department of human services and the prevention of disabilities policy council and including other provisions and appropriations involving human services and health care, and providing effective dates and an applicability provision, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-9178: H-9178 1 Amend the House amendment, S-5618, to Senate File 2 2410 as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. Page 1, by inserting after line 2 the 5 following: 6 " . Page 2, by striking line 17 and inserting 7 the following: "provided to community empowerment 8 areas for the fiscal year beginning July 1, 1998, in 9 accordance with all of the following: 10 a. The area must be approved as a community 11 empowerment area by the Iowa empowerment board. 12 b. The maximum funding amount a community 13 empowerment area is eligible to receive shall be 14 determined by applying the area's percentage of the 15 state's average monthly family investment program 16 population in the preceding fiscal year to the total 17 amount appropriated in this section for fiscal year 18 1998-1999. If the community empowerment board's 19 request for funding is received by the Iowa 20 empowerment board on or after August 1, 1998, the 21 maximum funding amount shall be prorated for the 22 fiscal year and rounded up to the nearest full month. 23 c. A community empowerment area receiving funding 24 shall comply with any federal reporting requirements 25 associated with the use of that funding and other 26 results and reporting requirements established by the 27 Iowa empowerment board. The department shall provide 28 technical assistance in identifying and meeting the 29 federal requirements. 30 d. The availability of funding provided under this 31 section is subject to changes in federal requirements 32 and amendments to Iowa law."" 33 2. Page 1, by inserting after line 6 the 34 following: 35 " . Page 3, by inserting after line 2 the 36 following: 37 "3. Moneys appropriated in this section which are 38 not distributed to a community empowerment area or 39 otherwise remain unobligated or unexpended at the end 40 of the fiscal year shall revert to the fund created in 41 section 8.41 to be available for appropriation by the 42 general assembly in a subsequent fiscal year."" 43 3. Page 1, by striking lines 7 through 9. 44 4. Page 4, by striking lines 1 through 3. 45 5. Page 4, line 44, by inserting after the word 46 "beds" the following: ", family and group foster care 47 and the state juvenile institutions". 48 6. By striking page 5, line 50, through page 6, 49 line 1, and inserting the following: 50 "If a resignation, retirement, or dismissal Page 2 1 reducing the number of full-time equivalent". 2 7. Page 6, line 18, by inserting after the word 3 "predators" the following: "including transfer of an 4 amount, as determined by the department and the office 5 of the attorney general, to the office of the attorney 6 general for associated costs including not more than 7 2.0 full-time equivalent positions, one of which shall 8 be an attorney, in the department of justice". 9 8. Page 7, line 26, by striking the word "to" and 10 inserting the following: "in". 11 9. Page 7, line 28, by striking the words "this 12 chapter" and inserting the following: "chapter 514I". 13 10. Page 7, line 39, by striking the words "this 14 chapter" and inserting the following: "chapter 514I". 15 11. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-9178. Houser of Pottawattamie moved that the bill, as amended by the House, further amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2410) The ayes were, 98: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin 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 Van Maanen, Presiding The nays were, 2: Chapman O'Brien Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Grundberg of Polk called up for consideration 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, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-9179: H-9179 1 Amend the House amendment, S-5439, to Senate File 2 2406, as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. Page 1, by striking lines 5 through 8 and 5 inserting the following: 6 "Section 1. PURPOSE. The purpose of this Act is 7 to create a partnership between communities and state 8 government by gradually implementing a statewide 9 system of community empowerment areas. An important 10 initial emphasis of the community empowerment areas is 11 to improve the well-being of families with young 12 children. An additional emphasis". 13 2. Page 4, by striking lines 41 through 45 and 14 inserting the following: "county boundaries to the 15 extent possible." 16 3. Page 5, by inserting after line 41 the 17 following: 18 "__. A child day care resource and referral 19 service. 20 __. A library." 21 4. Page 7, line 3, by inserting after the word 22 "including" the following: "encouraging early 23 intellectual stimulation of very young children,". 24 5. Page 7, by striking line 27 and inserting the 25 following: "basis to children deemed at risk of not". 26 6. Page 7, line 31, by inserting after the word 27 "Parent" the following: "support and". 28 7. Page 7, line 33, by inserting after the word 29 "Parent" the following: "support and". 30 8. Page 7, line 41, by striking the words "care 31 services" and inserting the following: "day care 32 services, training child day care providers to 33 encourage early intellectual stimulation of very young 34 children,". 35 9. Page 7, line 43, by inserting after the word 36 "parent" the following: "support and". 37 10. Page 8, line 1, by inserting after word "age" 38 the following: ", including the involvement and 39 specific responsibilities of all related organizations 40 and entities". 41 11. Page 8, lines 23 and 24, by striking the 42 words "on or before October 1 of each fiscal year". 43 12. Page 9, by inserting after line 12 the 44 following: 45 "(3) Adequacy of plans for commitment of local 46 funding and other resources for implementation of the 47 plan. 48 d. The Iowa board's provisions for distribution of 49 school ready grant moneys shall take into account 50 contingencies for possible increases and decreases in Page 2 1 the provision of state and local funding in future 2 fiscal years which may be used for purposes of school 3 ready children grants and for early childhood programs 4 grants and for differences in local capacity for 5 program implementation and provision of local funding. 6 In developing these provisions, the Iowa board shall 7 consider equity concerns; options for making capacity 8 adjustments by restricting grant amounts based on 9 service population size groupings to accommodate 10 small, medium, and large population groupings; and 11 options for making adjustments to accommodate varying 12 amounts of time and assistance needed for 13 implementation, such as extending the grant period to 14 more than one year." 15 13. Page 9, by striking lines 13 and 14 and 16 inserting the following: 17 "6. The priorities for school ready children grant 18 funds shall include providing preschool services on". 19 14. Page 9, line 15, by striking the words "four- 20 year-old". 21 15. Page 9, line 16, by striking the words "and 22 parent" and inserting the following: ", training 23 child day care providers and others to encourage early 24 intellectual stimulation of very young children, and 25 offering parent support and". 26 16. Page 9, line 19, by striking the words 27 "Remaining funds" and inserting the following: "The 28 grant funds also". 29 17. Page 9, line 46, by inserting after the word 30 "law." the following: "The criteria shall include but 31 are not limited to a requirement that a community 32 empowerment area must be eligible to receive a school 33 ready children grant in order to receive an early 34 childhood programs grant." 35 18. Page 10, lines 43 and 44, by striking the 36 words "early stimulation of the brain" and inserting 37 the following: "early intellectual stimulation at a 38 very young age". 39 19. Page 11, by striking line 33 and inserting 40 the following: "paid. For the initial grants, plans 41 shall be submitted by September 1, 1998, or by January 42 1, 1999, in accordance with criteria established by 43 the board." 44 20. Page 12, line 10, by inserting after the word 45 "area." the following: "For an area which does not 46 encompass an innovation zone or decategorization 47 project, the chairperson of the county board of 48 supervisors may work with the local school district or 49 districts in initiating a process to designate an 50 initial community empowerment area and board." Page 3 1 21. Page 12, line 14, by striking the figure 2 "2000" and inserting the following: "1999". 3 22. Page 12, by inserting after line 23 the 4 following: 5 "3. An area designated as an innovation zone in 6 accordance with section 8A.2, Code 1997, as of June 7 30, 1998, may continue to develop the area's plans to 8 achieve the results identified in the area's 9 innovation zone application. An innovation zone 10 transitioning to become a designated community 11 empowerment area shall continue to receive technical 12 assistance and guidance from the appropriate state 13 agencies. A transitioning innovation zone may 14 continue to pursue waivers and the reallocation of 15 funds to achieve the identified results. A 16 transitioning innovation zone may amend the zone's 17 previously approved plan to include the provisions 18 identified in section 7I.7, as enacted by this Act, as 19 necessary to be eligible for receipt of a school ready 20 children grant." 21 23. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-9179. Grundberg of Polk moved that the bill, as amended by the House, further amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2406) The ayes were, 98: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, 1: Kreiman Absent or not voting, 1: Rayhons The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. The House resumed consideration of House File 2164, a bill for an act relating to local community and economic development planning assistance and the community builder program, amended by the Senate amendment H-8994, previously deferred, and found on pages 1593 through 1597 of the House Journal. Thomas of Clayton offered the following amendment H-9128, to the Senate amendment H-8994, filed by him and moved its adoption: H-9128 1 Amend the Senate amendment, H-8994, to House File 2 2164, as passed by the House as follows: 3 1. Page 1, by inserting after line 35 the 4 following: 5 "Sec. ___. Section 15E.193, subsection 1, 6 paragraph d, Code Supplement 1997, is amended to read 7 as follows: 8 d. Creates at least ten full-time positions and 9 maintains them for at least ten years. For an 10 existing business in counties with a population of ten 11 thousand or less or in cities with a population of two 12 thousand of less, the commission may adopt a provision 13 that allows the business to create at least five 14 initial jobs with the additional jobs to be added in 15 five years. The business shall include in its 16 strategic plan the timeline for job creation. If the 17 existing business fails to meet the ten-job creation 18 requirement within the five-year period, all 19 incentives or assistance will cease immediately." 20 2. Page 3, line 35, by striking the word "to". 21 3. By renumbering as necessary. Amendment H-9128 was adopted. Warnstadt of Woodbury asked and received unanimous consent to withdraw amendment H-9119, to the Senate amendment H-8994, filed by him on April 13, 1998, placing amendment H-9137 filed by Warnstadt of Woodbury on April 13, 1998 out of order. Greiner of Washington called up the motion to reconsider the vote by which amendment H-9021 (found on pages 1596 and 1597 of the House Journal), to the Senate amendment H-8994, was adopted on April 14, 1998, which motion prevailed. Weigel of Chickasaw moved the adoption of amendment H-9021, to the Senate amendment H-8994. Amendment H-9021 lost. Speaker Corbett in the chair at 11:15 a.m. On motion by Boggess of Taylor, the House concurred in the Senate amendment H-8994, as amended. Boggess of Taylor moved that the bill as amended by the Senate, further amended 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. 2164) The ayes were, 92: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Doderer Dolecheck Dotzler Drake Drees Eddie Fallon Foege Ford Frevert Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Scherrman Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 8: Bernau Dix Falck Garman Huser Richardson Schrader Vande Hoef Absent or not voting, none. 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: Senate Files 2410, 2406 and House File 2164. Special Order Calendar House Joint Resolution 2005, a joint resolution proposing amendments to the Constitution of the State of Iowa relating to the state budget by limiting state general fund expenditures and restricting certain state tax revenue changes, was taken up for consideration. SENATE JOINT RESOLUTION 2004 SUBSTITUTED FOR HOUSE JOINT RESOLUTION 2005 Larson of Linn asked and received unanimous consent to substitute Senate Joint Resolution 2004 for House Joint Resolution 2005. Senate Joint Resolution 2004, a joint resolution proposing amendments to the Constitution of the State of Iowa relating to the state budget by limiting state general fund expenditures and restricting certain state tax revenue changes, was taken up for consideration. Siegrist of Pottawattamie asked and received unanimous consent that Senate Joint Resolution 2004 be temporarily deferred. SENATE MESSAGE CONSIDERED Senate File 2413, by committee on ways and means, a bill for an act relating to exemptions from and reductions in solid waste tonnage fees for certain persons. Read first time and referred to committee on ways and means. On motion by Siegrist of Pottawattamie, the House was recessed at 11:48 a.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 2:22 p.m., Speaker Corbett in the chair. INTRODUCTION OF BILL House File 2559, by committee on ways and means, a bill for an act relating to funding of new jobs training programs. Read first time and placed on the ways and means calendar. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 15, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2292, a bill for an act relating to the sex offender registry and providing for the Act's applicability. Also: That the Senate has on April 15, 1998, adopted the conference committee report and passed Senate File 2295, a bill for an act relating to and making appropriations for agriculture and natural resources and providing an effective date. Also: That the Senate has on April 15, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2313, a bill for an act relating to child support, providing penalties, and providing effective dates. Also: That the Senate has on April 15, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2398, a bill for an act relating to the confinement and treatment of sex offenders. MARY PAT GUNDERSON, Secretary ADOPTION OF SENATE CONCURRENT RESOLUTION 115 Tyrrell of Iowa asked and received unanimous consent for the immediate consideration of Senate Concurrent Resolution 115, a concurrent resolution urging federal Congressional support for widows and widowers under the federal Railroad Retirement Act of 1974, and moved its adoption. The motion prevailed and the resolution was adopted. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate Concurrent Resolution 115 be immediately messaged to the Senate. The House stood at ease at 2:26 p.m., until the fall of the gavel. The House resumed session at 3:24 p.m., Speaker Corbett in the chair. ADOPTION OF THE REPORT OF THE CONFERENCE COMMITTEE (Senate File 2295) Greiner of Washington called up for consideration the report of the conference committee on Senate File 2295 and moved the adoption of the conference committee report and the amendments contained therein as follows: REPORT OF THE CONFERENCE COMMITTEE ON SENATE FILE 2295 To the President of the Senate and the Speaker of the House of Representatives: We, the undersigned members of the conference committee appointed to resolve the differences between the Senate and House of Representatives on Senate File 2295, a bill for an Act relating to and making appropriations for agriculture and natural resources and providing an effective date, respectfully make the following report: 1. That the House recedes from its amendment, S-5365. 2. That Senate File 2295, as amended, passed, and reprinted by the Senate, is amended as follows: 1. Page 11, line 12, by striking the figure "1,600,000" and inserting the following: "1,630,000". 2. Page 11, by inserting after line 17 the following: "___. Of the amount appropriated in this section, not more than $30,000 shall be used by the department to carry out the provisions of 1998 Iowa Acts, Senate File 429, if enacted by the Seventy-seventh General Assembly, 1998 Session. However, if Senate File 429 is not enacted, the amount appropriated under this section for the administration and enforcement of navigation laws and water safety shall be reduced by $30,000." 3. By striking page 15, line 20, through page 16, line 2. 4. Page 16, by inserting after line 18, the following: "Sec. ___. REDUCTION OF APPROPRIATIONS. This section shall apply to each appointed nonelected position which is supported by moneys appropriated in sections 1 and 3 of this Act. If the amount of moneys to be used for a salary during the fiscal year beginning July 1, 1998, and ending June 30, 1999, is more than the amount actually required to pay that salary for the fiscal year, the amount of the relevant appropriation shall be reduced by the amount equal to the difference. The amount appropriated in section 1, subsection 4, of this Act, to support financial incentives for soil conservation practices under chapter 161A shall be increased by the amount of the difference. However, the amount of the difference shall be allocated in the same manner as other moneys which are reallocated to soil and water conservation districts after the moneys are returned by a district to the soil conservation division." 5. Page 16, by inserting after line 18, the following: "Sec. ___. COOPERATION BETWEEN DEPARTMENTS. It is the intent of the general assembly that the division of soil conservation of the department of agriculture and land stewardship may provide technical assistance to the department of natural resources regarding the design and engineering of unformed manure storage structures pursuant to chapter 455B. As used in this section an unformed manure storage structure means the same as defined in section 455B.161, as amended by 1998 Iowa Acts, House File 2494." ON THE PART OF THE HOUSE ON THE PART OF THE SENATE SANDRA GREINER, Chair H. KAY HEDGE, Chair CECIL DOLECHECK JERRY BEHN RALPH KLEMME DENNIS H. BLACK PAT MURPHY PATTY JUDGE DELORES MERTZ DERRYL McLAREN Greiner of Washington moved the adoption of the conference committee report. The motion prevailed and the report was adopted. Greiner of Washington 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. 2295) The ayes were, 80: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brunkhorst Bukta Carroll Cataldo Chapman Churchill Cohoon Connors Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Holmes Holveck Huseman Jacobs Jenkins Jochum Klemme Koenigs Kremer Lamberti Larkin Larson Lord Martin May Mertz Metcalf Meyer Millage Mundie Myers Nelson O'Brien Osterhaus Rants Rayhons Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Weigel Welter Witt Mr. Speaker Corbett The nays were, 15: Brand Burnett Cormack Fallon Huser Kinzer Kreiman Mascher Moreland Murphy Reynolds-Knight Richardson Warnstadt Whitead Wise Absent or not voting, 5: Brauns Chiodo Foege Heaton Houser 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 2295 be immediately messaged to the Senate. CONSIDERATION OF SENATE JOINT RESOLUTION 2004 The House resumed consideration of Senate Joint Resolution 2004, a joint resolution proposing amendments to the Constitution of the State of Iowa relating to the state budget by limiting state general fund expenditures and restricting certain state tax revenue changes, previously deferred. Warnstadt of Woodbury offered amendment H-9105 filed by him as follows: H-9105 1 Amend Senate Joint Resolution 2004, as passed by 2 the Senate, as follows: 3 1. Page 1, by inserting after line 33 the 4 following: 5 "d. The first sixty million dollars of gambling 6 revenues received by the state in each fiscal year 7 shall be credited to the general fund of the state. 8 All such revenues in excess of sixty million dollars 9 shall be credited to the rebuild Iowa infrastructure 10 fund." 11 2. Page 3, by inserting after line 11 the 12 following: 13 "___. A rebuild Iowa infrastructure fund is 14 created. The fund shall consist of excess gambling 15 revenues as provided in section 1, paragraph "d", 16 interest and earnings on any surplus moneys, and any 17 appropriations made to the fund. The fund shall be 18 separate from the general fund of the state and the 19 balance in the fund shall not be considered part of 20 the balance of the general fund of the state. 21 Moneys in the infrastructure fund shall not revert 22 to any other fund. Interest or earnings on moneys in 23 the infrastructure fund shall be credited to the 24 infrastructure fund. 25 Moneys in the fund in a fiscal year shall be used 26 as directed by the General Assembly for public 27 vertical infrastructure projects. For the purposes of 28 this section, "vertical infrastructure" includes only 29 land acquisition and construction, major renovation 30 and major repair of buildings, all appurtenant 31 structures, utilities, site development, and 32 recreational trails. "Vertical infrastructure" does 33 not include routine, recurring maintenance or 34 operational expenses or leasing of a building, 35 appurtenant structure, or utility without a lease- 36 purchase agreement." Warnstadt of Woodbury asked and received unanimous consent that amendments H-9105, H-9115 and H-9116 be deferred. Bernau of Story asked and received unanimous consent that amendment H-9093 be deferred. Weigel of Chickasaw asked and received unanimous consent that amendment H-9104 be deferred. Frevert of Palo Alto asked and received unanimous consent that amendment H-9061 be deferred. Weigel of Chickasaw asked and received unanimous consent that amendment H-9099 be deferred. Chapman of Linn offered amendment H-9079 filed by her as follows: H-9079 1 Amend Senate Joint Resolution 2004, as passed by 2 the Senate, as follows: 3 1. Page 2, by striking lines 20 through 28 and 4 inserting the following: 5 "___. If a surplus will exist at the end of a 6 fiscal year, the state general fund expenditure 7 limitation amount provided for in subsection 3 for the 8 subsequent fiscal year shall be readjusted to include 9 one hundred percent of the amount of the surplus. For 10 purposes". 11 2. Page 3, line 4, by inserting after the word 12 "limitation." the following: "The governor in 13 submitting the budget, and the general assembly in 14 passing a budget, shall not have recurring 15 expenditures in excess of recurring revenues." Chapman of Linn offered the following amendment H-9140, to amendment H-9079, filed by her and moved its adoption: H-9140 1 Amend the amendment, H-9079, to Senate Joint 2 Resolution 2004, as passed by the Senate, as follows: 3 1. Page 1, line 3, by striking the figure "28" 4 and inserting the following: "23". 5 2. Page 1, line 6, by inserting after the word 6 "year" the following: "in excess of ten percent of 7 the adjusted revenue estimate for that fiscal year". 8 3. Page 1, by striking lines 9 and 10 and 9 inserting the following: "one hundred percent of such 10 excess. Any surplus equal to ten"." Amendment H-9140 was adopted. Bernau of Story requested division of amendment H-9079 as follows: Division A - Lines 3 through 10. Division B - Lines 11 through 15. Chapman of Linn moved the adoption of amendment H-9079A, as amended. Van Fossen of Scott in the chair at 4:40 p.m. Speaker Corbett in the chair at 5:00 p.m. Roll call was requested by Bernau of Story and Siegrist of Pottawattamie. On the question "Shall amendment H-9079A, as amended, be adopted?" (S.J.R. 2004) The ayes were, 43: 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 Moreland Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 55: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Mertz Metcalf Meyer Millage Mundie 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: Greig Shoultz Amendment H-9079A lost. Weigel of Chickasaw offered the following amendment H-9062 filed by him and moved its adoption: H-9062 1 Amend Senate Joint Resolution 2004, as passed by 2 the Senate, as follows: 3 1. Page 2, by striking lines 20 through 32 and 4 inserting the following: 5 "5. a. The surplus existing in the general fund 6 of the state at the conclusion of the fiscal year is 7 appropriated for distribution in the succeeding fiscal 8 year as provided in paragraph "c". As used in this 9 subsection, "surplus" means the excess of revenues and 10 other financing sources over expenditures and other 11 financing uses for the general fund of the state in a 12 fiscal year. 13 b. The amount appropriated in this subsection is 14 not subject to quarterly requisitions and allotment, 15 or to conditional availability of appropriations. 16 c. Moneys appropriated under paragraph "a" shall 17 be first credited to the cash reserve fund. To the 18 extent that moneys appropriated under paragraph "a" 19 would make the moneys in the cash reserve fund exceed 20 five percent of the adjusted revenue estimate for the 21 next fiscal year, the moneys are appropriated to the 22 Iowa economic emergency fund. 23 d. If the moneys appropriated to the cash reserve 24 fund from the surplus do not make the moneys in the 25 cash reserve fund equal to five percent of the 26 adjusted revenue estimate for the following fiscal 27 year, there is appropriated from the general fund of 28 the state at the beginning of the next fiscal year an 29 amount sufficient for the cash reserve fund to reach 30 the five percent maximum balance for that fiscal 31 year." 32 2. Page 3, line 13, by inserting after the word 33 "section" the following: "and sections 2, 3, and 4". 34 3. Page 3, by inserting after line 13 the 35 following: 36 "GAAP FUND. Sec. 2. 37 1. The generally accepted accounting principles 38 fund is created. The fund shall be separate from the 39 general fund of the state and the balance in the fund 40 shall not be considered part of the balance of the 41 general fund of the state. The moneys in the fund 42 shall not revert to the general fund of the state or 43 any other fund. 44 2. There is no maximum balance for the generally 45 accepted accounting principles fund. 46 3. The moneys in the generally accepted accounting 47 principles fund shall only be appropriated by the 48 general assembly for reducing any deficit of the 49 state. 50 4. Interest or earnings on moneys deposited in the Page 2 1 generally accepted accounting principles fund shall be 2 credited to the generally accepted accounting 3 principles fund. 4 IOWA ECONOMIC EMERGENCY FUND. Sec. 3. 5 1. The Iowa economic emergency fund is created. 6 The fund shall be separate from the general fund of 7 the state and the balance in the fund shall not be 8 considered part of the balance of the general fund of 9 the state. The moneys in the fund shall not revert to 10 the general fund unless and to the extent the fund 11 exceeds the maximum balance. 12 2. The maximum balance of the fund is the amount 13 equal to five percent of the adjusted revenue estimate 14 for the fiscal year. If the amount of moneys in the 15 Iowa economic emergency fund is equal to the maximum 16 balance, moneys in excess of this amount shall be 17 transferred to the general fund of the state and the 18 original state general fund expenditure limitation 19 provided in section 1, subsection 3, shall be 20 readjusted to include the moneys transferred. 21 3. The moneys in the Iowa economic emergency fund 22 may be appropriated by the general assembly only in 23 the fiscal year for which the appropriation is made. 24 The moneys shall only be appropriated by the general 25 assembly for emergency expenditures. However, except 26 as provided in subsection 6, the balance in the Iowa 27 economic emergency fund may be used in determining the 28 cash position of the general fund of the state for the 29 payment of state obligations. 30 4. Interest or earnings on moneys deposited in the 31 Iowa economic emergency fund shall be credited to the 32 Iowa economic emergency fund. 33 CASH RESERVE FUND. Sec. 4. 34 1. A cash reserve fund is created. The cash 35 reserve fund shall be separate from the general fund 36 of the state and shall not be considered part of the 37 general fund of the state except in determining the 38 cash position of the state as provided in subsection 39 3. The moneys in the cash reserve fund shall not 40 revert to the general fund of the state and shall not 41 be transferred, used, obligated, appropriated, or 42 otherwise encumbered except as provided in this 43 section. Interest or earnings on moneys deposited in 44 the cash reserve fund shall be credited to the cash 45 reserve fund. Moneys in the cash reserve fund may be 46 used for cash flow purposes provided that any moneys 47 so allocated are returned to the cash reserve fund by 48 the end of each fiscal year. 49 2. The maximum balance of the cash reserve fund is 50 equal to five percent of the adjusted revenue estimate Page 3 1 for the general fund of the state for the fiscal year. 2 3. The moneys in the cash reserve fund may be 3 appropriated by the general assembly in accordance 4 with subsection 4 only in the fiscal year for which 5 the appropriation is made. The moneys shall only be 6 appropriated by the general assembly for nonrecurring 7 emergency expenditures and shall not be appropriated 8 for payment of any collective bargaining agreement or 9 arbitrator's decision negotiated or awarded under 10 state law. However, except as provided in subsection 11 6, the balance in the cash reserve fund may be used in 12 determining the cash position of the general fund of 13 the state for payment of state obligations. 14 4. a. Except as provided in subsection 1, an 15 appropriation shall not be made from the cash reserve 16 fund unless the appropriation is in accordance with 17 all of the following: 18 (1) The appropriation is contained in a bill or 19 joint resolution in which the appropriation is the 20 only subject matter of the bill or joint resolution. 21 (2) The bill or joint resolution states the 22 reasons the appropriation is necessary. 23 b. In addition to the requirements of paragraph 24 "a", an appropriation shall not be made from the cash 25 reserve fund which would cause the fund's balance to 26 be less than three percent of the adjusted revenue 27 estimate for the fiscal year for which the 28 appropriation is made unless the bill or joint 29 resolution is approved by vote of at least three- 30 fifths of the members of both chambers of the general 31 assembly and is signed by the governor." 32 4. By renumbering as necessary. Van Fossen of Scott in the chair at 6:15 p.m. Speaker Corbett in the chair at 6:27 p.m. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed sixty-nine members present, thirty-one absent. A non-record roll call was requested. The ayes were 43, nays 56. Amendment H-9062 lost. Weigel of Chickasaw asked and received unanimous consent that amendment H-9088 be deferred. Doderer of Johnson offered amendment H-9060 filed by her as follows: H-9060 1 Amend Senate Joint Resolution 2004, as passed by 2 the Senate, as follows: 3 1. Page 3, line 1, by inserting after the word 4 "system." the following: "Any expenditure made for 5 infrastructure purposes shall not be considered an 6 expenditure for purposes of the state general fund 7 expenditure limitation." Doderer of Johnson offered the following amendment H-9085, to amendment H-9060, filed by her and moved its adoption: H-9085 1 Amend the amendment, H-9060, to Senate Joint 2 Resolution 2004, as passed by the Senate, as follows: 3 1. Page 1, line 5, by inserting after the word 4 "purposes" the following: "which is necessary due to 5 a state emergency or fire damage". Amendment H-9085 was adopted. Doderer of Johnson moved the adoption of amendment H-9060, as amended. Amendment H-9060 lost. Bernau of Story asked and received unanimous consent that amendment H-9103 be deferred. Myers of Johnson asked and received unanimous consent that amendment H-9063 be deferred. Myers of Johnson offered the following amendment H-9064 filed by him and moved its adoption: H-9064 1 Amend Senate Joint Resolution 2004, as passed by 2 the Senate, as follows: 3 1. Page 3, by inserting after line 1 the 4 following: 5 "___. The cost of providing a property tax credit 6 which is enacted by the General Assembly shall be 7 fully funded by the state." 8 2. By renumbering as necessary. Dolecheck of Ringgold in the chair at 8:10 p.m. Speaker Corbett in the chair at 8:34 p.m. Roll call was requested by Myers of Johnson and Larson of Linn. On the question "Shall amendment H-9064 be adopted?" (S.J.R. 2004) The ayes were, 44: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Doderer Dotzler Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 54: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 2: Connors Drees Amendment H-9064 lost. Frevert of Palo Alto asked and received unanimous consent that amendment H-9086 be deferred. The House resumed consideration of amendment H-9079B, found on page 1665 of the House Journal. Chapman of Linn moved the adoption of amendment H-9079B. A non-record roll call was requested. The ayes were 33, nays 49. Amendment H-9079B lost. Siegrist of Pottawattamie asked and received unanimous consent that Senate Joint Resolution 2004 be deferred and that the resolution retain its place on the calendar. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 15, 1998, refused to concur in the House amendment to the Senate amendment to the following bill in which the concurrence of the Senate was asked: House File 8, a bill for an act relating to the funding of state mandates. Also: That the Senate has on April 15, 1998, receded from the Senate amendment and passed the following bill in which the concurrence of the Senate was asked: House File 2136, a bill for an act relating to agricultural drainage wells, by extending the date for complying with certain requirements. Also: That the Senate has on April 15, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 2269, a bill for an act relating to permissible physical contact between school employees and students. Also: That the Senate has on April 15, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 2374, a bill for an act exempting sales made to and services performed for organ procurement organizations from the state sales, services, and use taxes. Also: That the Senate has on April 15, 1998, amended the House amendment, concurred in the House amendment as amended, and passed the following bill in which the concurrence of the House is asked: Senate File 2387, a bill for an act relating to adoption procedural requirements including those related to investigations, reports, and counseling. Also: That the Senate has on April 15, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2480, a bill for an act to repeal the future repeal of the interception of communications chapter. Also: That the Senate has on April 15, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2513, a bill for an act relating to the individual income tax by eliminating the taxation of certain capital gains and providing special treatment of gains from the sales of businesses to descendants, increasing the amount of pension income excluded, increasing certain personal exemption tax credits, and increasing and expanding the tuition and textbook tax credit, exempting sales and services to certain nonprofit hospitals from the sales, services, and use taxes, and relating to the income eligibility requirements for the homestead property tax credit, mobile home tax credit, or reimbursement for rent constituting property taxes paid, and including effective and prospective and retroactive applicability date provisions. MARY PAT GUNDERSON, Secretary MOTION TO RECONSIDER (House File 2558) I move to reconsider the vote by which House File 2558 passed the House on April 15, 1998. HOUSER of Pottawattamie EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on April 15, 1998. Had I been present, I would have voted "aye" on Senate File 2295 and the conference committee report to Senate File 2295. BRAUNS of Muscatine I was necessarily absent from the House chamber on April 13, 1998. Had I been present, I would have voted "aye" on Senate File 187. CARROLL of Poweshiek I was necessarily absent from the House chamber on April 15, 1998. Had I been present, I would have voted "aye" on Senate File 2295. HEATON of Henry BILLS SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on April 15, 1998, he approved and transmitted to the Secretary of State the following bills: House File 382, an act relating to certain relationships including certain marriages. House File 2162, an act relating to nonsubstantive Code corrections and including a retroactive applicability provision. Senate File 2201, an act relating to security for damages arising from the abandonment of natural gas pipelines. Senate File 2335, an act relating to the prohibition of sex acts between juveniles and employees and agents at juvenile placement facilities and between prisoners incarcerated in a county jail and employees or agents of a county and providing a penalty. Senate File 2337, an act to allow distribution of the presentence investigation report under certain circumstances. Senate File 2348, an act relating to the locations at which shared public school services may be made available to nonpublic school students. Senate File 2351, an act relating to the time for review of the reorganization of a public utility by the utilities board and providing an effective date. Senate File 2399, an act providing for the merger of a limited partnership with other business entities. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Sixty-nine 3rd grade students from Anderson Elementary, Bondurant, accompanied by Georganne Lee. By Huser of Polk. Forty-nine 4th, 5th and 6th grade students from St. Thomas Aquinas School, Webster City, accompanied by Duane Sipker. By Teig of Hamilton. COMMUNICATION RECEIVED The following communication was received and filed in the office of the Chief Clerk: IOWA ENERGY CENTER The 1997 Annual Report, pursuant to Chapter 476.10A, Code of Iowa. CERTIFICATES OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificates of recognition have been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1998\480 Pearl Miller, Camanche - For celebrating her 80th birthday. 1998\481 Don and Jean Lane, Dysart - For celebrating their 50th wedding anniversary. 1998\482 City of Corning - For receiving the Great American Mainstreet Award. 1998\483 Glen and Dorothy Pointer, Des Moines - For celebrating their 50th wedding anniversary. SUBCOMMITTEE ASSIGNMENTS House File 2361 (Committee of the whole) Ways and Means: Lamberti, Chair; Bernau, Blodgett, Chapman, Dinkla, Dix, Doderer, Drake, Frevert, Greig, Hansen, Holmes, Jenkins, Jochum, Larkin, Larson, Lord, Myers, Osterhaus, Rants, Richardson, Shoultz, Teig, Van Fossen and Weigel. House File 2506 Ways and Means: Greig, Chair; Shoultz and Van Fossen. Senate File 2409 (Committee of the whole) Ways and Means: Van Fossen, Chair; Bernau, Blodgett, Chapman, Dinkla, Dix, Doderer, Drake, Frevert, Greig, Hansen, Holmes, Jenkins, Jochum, Lamberti, Larkin, Larson, Lord, Myers, Osterhaus, Rants, Richardson, Shoultz, Teig and Weigel. Senate File 2412 Appropriations: Millage, Chair; Murphy and Sukup. Senate File 2413 Ways and Means: Jenkins, Chair; Blodgett and Shoultz. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendations have been received and are on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON APPROPRIATIONS Senate File 2381, a bill for an act making appropriations from and to the rebuild Iowa infrastructure fund for the fiscal year beginning July 1, 1998, to the division of soil conservation for deposit in the Loess Hills development and conservation fund; department of corrections for renovation of the power plant and improvements to the water system at the Iowa correctional institution for women, for the construction of an additional cellblock at the Fort Dodge correctional facility, and for the construction of a 200-bed facility at the Iowa state penitentiary at Fort Madison; department of cultural affairs for the creation of a historical site preservation grant program; department of economic development for a welcome center at Hamburg, to be deposited in the physical infrastructure assistance fund, and for deposit in the rural enterprise fund to be used for a dry fire hydrant and rural water supply education and demonstration project; department of education for infrastructure improvements to the community colleges; department of general services for major renovation needs for state-owned buildings and facilities, for critical and deferred maintenance at Terrace Hill, for relocation of offices and other transitions costs associated with the renovation of the Lucas state office building and the old historical building, for renovation of the Lucas state office building, for developing a master plan for the capitol complex, for planning and design of a parking structure located at the northwest corner of the capitol complex, and for capitol interior restoration; department of public defense for maintenance and repair of national guard armories and facilities; department of public safety for construction of a new patrol post in district 1; department of natural resources for the purpose of funding capital projects from marine fuel tax receipts for expenditures for local cost-share grants to be used for capital expenditures to local governmental units for boating accessibility, for the construction of the Elinor Bedell state park and wildlife conservation area, for a recreational grant matching program, for the blufflands protection revolving fund, and for the dredging of lakes; department of transportation for capital improvements at all 10 of the commercial air service airports; for the Iowa state fair foundation for renovation, restoration, and improvement of the cattle barn and horse barn at the state fairgrounds and for county fair infrastructure improvements; judicial department for capital projects at the capitol building; and state board of regents for capital projects at the Iowa school for the deaf and the Iowa braille and sight saving school; making appropriations of the marine fuel tax receipts from the rebuild Iowa infrastructure fund; providing a reversion date to funds appropriated to the department of revenue and finance in the fiscal year beginning July 1, 1997, and ending June 30, 1998; making statutory changes relating to appropriations by establishing the blufflands protection fund, by reducing the overall appropriation for the restore outdoors program for the fiscal period beginning July 1, 1997, and ending June 30, 2001, as a result of the governor's item veto, by providing for coordination of vertical infrastructure databases, by eliminating a matching contribution requirement on certain funds appropriated to the department of cultural affairs for the fiscal year beginning July 1, 1997, by extending the allowable time to enter into contracts to provide alternative drainage outlets, by allocating part of the funds derived from the excise tax on the sale of motor fuel used in watercraft from the general fund to the rebuild Iowa infrastructure fund; and providing effective dates. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-9185 April 15, 1998. Senate File 2415, a bill for an act relating to agricultural finance, providing an appropriation, and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-9196 April 15, 1998. COMMITTEE ON WAYS AND MEANS Committee Bill (Formerly House File 95), relating to aircraft registration fees. Fiscal Note is not required. Recommended Amend and Do Pass April 15, 1998. Committee Bill (Formerly House File 2361), relating to funding of new jobs training programs. Fiscal Note is not required. Recommended Amend and Do Pass April 14, 1998. RESOLUTIONS FILED HR 107, by Rants and Connors, a resolution honoring Representatives Charles Poncy, Delwyn Stromer, and Harold Van Maanen for their years of legislative service. Laid over under Rule 25. SCR 119, by committee on judiciary, a concurrent resolution requesting the Legislative Council to establish a sentencing commission. Laid over under Rule 25. AMENDMENTS FILED H-9177 H.F. 2498 Van Maanen of Marion H-9181 H.F. 2498 Warnstadt of Woodbury H-9182 H.F. 2498 Taylor of Linn H-9183 H.F. 2232 Huseman of Cherokee H-9184 S.F. 2416 Gries of Crawford Wise of Lee Larson of Linn H-9185 S.F. 2381 Committee on Appropriations H-9186 H.F. 2498 Martin of Scott Brunkhorst of Bremer H-9187 H.F. 2498 Blodgett of Cerro Gordo H-9188 H.F. 2498 Murphy of Dubuque H-9189 H.F. 2498 Murphy of Dubuque H-9190 H.F. 2498 Murphy of Dubuque H-9191 S.J.R. 2004 Schrader of Marion H-9192 H.F. 2374 Senate Amendment H-9193 H.F. 2269 Senate Amendment H-9194 S.F. 2387 Senate Amendment H-9195 S.J.R. 2004 Schrader of Marion H-9196 S.F. 2415 Committee on Appropriations H-9197 S.F. 2381 Eddie of Buena Vista H-9198 S.F. 2381 Mascher of Johnson H-9199 H.F. 2498 Huser of Polk H-9200 S.F. 2286 Nelson of Marshall H-9201 H.F. 2498 Jochum of Dubuque H-9202 S.F. 2381 Kremer of Buchanan Thomas of Clayton H-9203 H.F. 2403 Kremer of Buchanan H-9204 S.F. 2345 Boddicker of Cedar Fallon of Polk H-9205 S.F. 2416 Rants of Woodbury Chapman of Linn Warnstadt of Woodbury Dinkla of Guthrie Connors of Polk Dix of Butler Holmes of Scott Greiner of Washington Millage of Scott Whitead of Woodbury May of Worth Teig of Hamilton Eddie of Buena Vista Lord of Dallas Kinzer of Scott Huseman of Cherokee Drake of Pottawattamie Jenkins of Black Hawk Van Fossen of Scott Chiodo of Polk Hansen of Pottawattamie Greig of Emmet Klemme of Plymouth Jacobs of Polk Blodgett of Cerro Gordo Metcalf of Polk Brunkhorst of Bremer Weidman of Cass Vande Hoef of Osceola Tyrrell of Iowa Witt of Black Hawk Rayhons of Hancock H-9206 S.F. 2381 Brauns of Muscatine H-9207 S.F. 2381 Mascher of Johnson H-9208 S.F. 2381 Brauns of Muscatine On motion by Siegrist of Pottawattamie, the House adjourned at 10:35 p.m., until 8:45 a.m., Thursday, April 16, 1998.
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