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Ninety-fifth Calendar Day - Sixty-fourth Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, April 16, 1998 The House met pursuant to adjournment at 8:45 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend Louis Jaeger, St. Patrick's Church, Epworth. The Journal of Wednesday, April 15, 1998 was approved. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 15, 1998, amended and passed the following bill in which the concurrence of the House is asked: 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. Also: That the Senate has on April 15, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2418, a bill for an act relating to state government technology and operations, by making and relating to appropriations to the Iowa communications network for the connection and support of certain Part III users, making appropriations to various entities for other technology-related purposes, providing for the procurement of information technology, providing for the transfer of the information technology division, providing for the use of the network, establishing an information technology bureau, making miscellaneous related changes, and providing effective dates. MARY PAT GUNDERSON, Secretary CONSIDERATION OF BILLS Ways and Means Calendar Senate File 2416, a bill for an act relating to the replacement of property tax on property associated with electricity and natural gas with excise taxes associated with electricity and natural gas, establishing a statewide property tax on property associated with electricity and natural gas, providing for a special utility property tax levy or tax credit, providing for the Act's retroactive applicability, providing an effective date, and providing penalties, with report of committee recommending passage, was taken up for consideration. The House stood at ease at 9:10 a.m., until the fall of the gavel. The House resumed session and consideration of Senate File 2416 at 10:48 a.m., Carroll of Poweshiek in the chair. Rants of Woodbury offered amendment H-9205 filed by Rants, et al., and moved its adoption and requested division as follows: H-9205 1 Amend Senate File 2416, as amended, passed, and 2 reprinted by the Senate, as follows: H-9205A 3 1. Page 1, line 1, by striking the word 4 "PROVISIONS" and inserting the following: 5 "PROVISION". H-9205B 6 2. Page 3, line 32, by striking the figure "1996" 7 and inserting the following: "1997". 8 3. Page 4, line 1, by striking the figure "1996" 9 and inserting the following: "1997". 10 4. Page 4, line 5, by striking the figure "1992" 11 and inserting the following: "1993". 12 5. Page 4, line 6, by striking the figure "1996" 13 and inserting the following: "1997". 14 6. Page 4, line 8, by striking the figure "1997" 15 and inserting the following: "1998". 16 7. Page 5, line 13, by striking the figure "1998" 17 and inserting the following: "1999". 18 8. Page 5, line 17, by striking the figure "1998" 19 and inserting the following: "1999". 20 9. Page 6, line 35, by striking the figure "1997" 21 and inserting the following: "1998". 22 10. Page 14, line 33, by striking the figure 23 "1998" and inserting the following: "1999". 24 11. Page 17, line 20, by striking the word and 25 figures "1992 through 1996" and inserting the 26 following: "1993 through 1997". 27 12. Page 17, line 25, by striking the figure 28 "1996" and inserting the following: "1997". 29 13. Page 17, line 33, by striking the figure 30 "1997" and inserting the following: "1998". 31 14. Page 17, line 34, by striking the figure 32 "1997" and inserting the following: "1998". 33 15. Page 18, line 11, by striking the figure 34 "1997" and inserting the following: "1998". 35 16. Page 18, line 12, by striking the figure 36 "1997" and inserting the following: "1998". 37 17. Page 18, line 19, by striking the figure 38 "1997" and inserting the following: "1998". 39 18. Page 18, line 20, by striking the figure 40 "1997" and inserting the following: "1998". 41 19. Page 18, line 33, by striking the figure 42 "1998" and inserting the following: "1999". 43 20. Page 19, line 5, by striking the figure 44 "1997" and inserting the following: "1998". 45 21. Page 19, line 13, by striking the figure 46 "1997" and inserting the following: "1998". 47 22. Page 19, line 18, by striking the word and 48 figures "1992 through 1996" and inserting the 49 following: "1993 through 1997". 50 23. Page 19, line 22, by striking the figure Page 2 1 "1997" and inserting the following: "1998". 2 24. Page 19, line 23, by striking the figure 3 "1997" and inserting the following: "1998". 4 25. Page 19, line 33, by striking the figure 5 "1997" and inserting the following: "1998". 6 26. Page 19, line 35, by striking the figure 7 "1997" and inserting the following: "1998". 8 27. Page 20, line 4, by striking the figure 9 "1998" and inserting the following: "1999". 10 28. Page 21, line 12, by striking the figure 11 "1998" and inserting the following: "1999". 12 29. Page 21, line 19, by striking the figure 13 "1997" and inserting the following: "1998". 14 30. Page 22, line 12, by striking the figure 15 "1998" and inserting the following: "1999". 16 31. Page 23, line 2, by striking the figure 17 "1998" and inserting the following: "1999". 18 32. Page 23, line 8, by striking the figure 19 "1997" and inserting the following: "1998". 20 33. Page 23, line 12, by striking the figure 21 "1997" and inserting the following: "1998". 22 34. Page 23, line 15, by striking the figure 23 "1997" and inserting the following: "1998". 24 35. Page 23, line 22, by striking the figure 25 "1998" and inserting the following: "1999". 26 36. Page 23, line 27, by striking the figure 27 "1997" and inserting the following: "1998". 28 37. Page 23, line 29, by striking the figure 29 "1997" and inserting the following: "1998". 30 38. Page 24, line 3, by striking the figure 31 "1998" and inserting the following: "1999". 32 39. Page 24, line 27, by striking the figure 33 "1998" and inserting the following: "1999". 34 40. Page 25, line 23, by striking the word and 35 figures "1992 through 1996" and inserting the 36 following: "1993 through 1997". 37 41. Page 25, line 28, by striking the figure 38 "1996" and inserting the following: "1997". 39 42. Page 25, line 34, by striking the figure 40 "1997" and inserting the following: "1998". 41 43. Page 25, line 35, by striking the figure 42 "1997" and inserting the following: "1998". 43 44. Page 26, line 7, by striking the figure 44 "1997" and inserting the following: "1998". 45 45. Page 26, line 9, by striking the figure 46 "1997" and inserting the following: "1998". 47 46. Page 26, line 13, by striking the figure 48 "1998" and inserting the following: "1999". 49 47. Page 27, line 9, by striking the figure 50 "1998" and inserting the following: "1999". Page 3 1 48. Page 27, line 25, by striking the figure 2 "1998" and inserting the following: "1999". 3 49. Page 27, line 29, by striking the figure 4 "1997" and inserting the following: "1998". 5 50. Page 28, line 22, by striking the figure 6 "1998" and inserting the following: "1999". 7 51. Page 29, line 12, by striking the figure 8 "1998" and inserting the following: "1999". 9 52. Page 29, line 18, by striking the figure 10 "1997" and inserting the following: "1998". 11 53. Page 29, line 25, by striking the figure 12 "1998" and inserting the following: "1999". 13 54. Page 33, line 4, by striking the figure 14 "1998" and inserting the following: "1999". 15 55. Page 34, line 9, by striking the figure 16 "1999" and inserting the following: "2000". 17 56. Page 35, line 6, by striking the word and 18 figures "1992 through 1996" and inserting the 19 following: "1993 through 1997". 20 57. Page 35, line 33, by striking the figure 21 "1998" and inserting the following: "1999". 22 58. Page 44, lines 19 and 20, by striking the 23 word and figures "1998, 1999, and 2000" and inserting 24 the following: "1999, 2000, and 2001". 25 59. Page 46, line 16, by striking the figure 26 "1996" and inserting the following: "1997". 27 60. Page 46, line 32, by striking the figure 28 "2002" and inserting the following: "2003". 29 61. Page 47, line 4, by striking the figure 30 "2001" and inserting the following: "2002". 31 62. Page 48, line 3, by striking the figure 32 "1998" and inserting the following: "1999". 33 63. Page 48, line 13, by striking the figure 34 "1997" and inserting the following: "1998". 35 64. Page 48, line 19, by striking the figure 36 "1997" and inserting the following: "1998". 37 65. Page 49, line 3, by striking the figure 38 "1997" and inserting the following: "1998". 39 66. Page 49, line 4, by striking the figure 40 "1997" and inserting the following: "1998". 41 67. Page 49, line 11, by striking the figure 42 "1998" and inserting the following: "1999". 43 68. Page 50, line 5, by striking the figure 44 "1997" and inserting the following: "1998". 45 69. Page 50, line 22, by striking the figure 46 "1998" and inserting the following: "1999". 47 70. Page 50, line 23, by striking the figure 48 "1998" and inserting the following: "1999". 49 71. Page 50, line 30, by striking the figure 50 "1998" and inserting the following: "1999". Page 4 1 72. Page 50, line 31, by striking the figure 2 "1998" and inserting the following: "1999". 3 73. Page 51, line 15, by striking the figure 4 "1998" and inserting the following: "1999". 5 74. Page 51, line 33, by striking the figure 6 "1999" and inserting the following: "2000". 7 75. Page 52, line 2, by striking the figure 8 "1999" and inserting the following: "2000". 9 76. Page 59, line 31, by striking the figure 10 "1999" and inserting the following: "2000". 11 77. Page 60, line 10, by striking the figure 12 "2002" and inserting the following: "2003". 13 78. Page 60, line 26, by striking the figure 14 "2005" and inserting the following: "2006". 15 79. Page 60, line 29, by striking the figure 16 "2007" and inserting the following: "2008". 17 80. Page 61, line 12, by striking the word and 18 figures "1992 through 1996" and inserting the 19 following: "1993 through 1997". 20 81. Page 61, line 16, by striking the word and 21 figures "1992 through 1996" and inserting the 22 following: "1993 through 1997". 23 82. Page 61, line 20, by striking the figure 24 "1997" and inserting the following: "1998". 25 83. Page 61, line 21, by striking the figure 26 "1997" and inserting the following: "1998". 27 84. Page 61, line 23, by striking the figure 28 "1997" and inserting the following: "1998". 29 85. Page 61, line 25, by striking the figure 30 "1997" and inserting the following: "1998". 31 86. Page 61, line 27, by striking the figure 32 "1997" and inserting the following: "1998". 33 87. Page 61, line 29, by striking the figure 34 "1997" and inserting the following: "1998". 35 88. Page 61, line 30, by striking the figure 36 "1997" and inserting the following: "1998". 37 89. Page 61, line 32, by striking the figure 38 "1997" and inserting the following: "1998". 39 90. Page 61, line 34, by striking the figure 40 "1997" and inserting the following: "1998". 41 91. Page 62, lines 2 and 3, by striking the word 42 and figures "1993 through 1997" and inserting the 43 following: "1994 through 1998". 44 92. Page 62, line 7, by striking the word and 45 figures "1993 through 1997" and inserting the 46 following: "1994 through 1998". 47 93. Page 62, line 18, by striking the figure 48 "1998" and inserting the following: "1999". 49 94. Page 62, line 35, by striking the figure 50 "1999" and inserting the following: "2000". Page 5 1 95. Page 63, by striking lines 3 through 8 and 2 inserting the following: 3 "Sec. ___. EFFECTIVE AND APPLICABILITY DATES - 4 DIRECTIONS TO CODE EDITOR. 5 1. Except as provided in subsection 2, this Act 6 takes effect January 1, 1999, and is applicable to 7 property tax assessment years beginning on or after 8 January 1, 1999, and to replacement tax years 9 beginning on or after January 1, 1999. 10 2. Notwithstanding subsection 1, section 437A.15, 11 subsection 7, as enacted in this Act and which 12 provides for the establishment of a task force to 13 study the effects of the replacement tax, takes effect 14 upon enactment." Rants of Woodbury moved the adoption of amendment H-9205A. Amendment H-9205A was adopted. Larson of Linn requested further division as follows: Division C - Page 3 Lines 22-24 Division B - Page 3 Lines 25-50 Division B - Page 4 Lines 1-50 Division D - Page 5 Lines 1-14 Rants of Woodbury asked and received unanimous consent that amendment H-9205B be deferred. Bernau of Story asked and received unanimous consent to withdraw amendment H-9212 filed by him from the floor. Bernau of Story offered the following amendment H-9211 filed by him from the floor and moved its adoption: H-9211 1 Amend Senate File 2416, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 29, by striking lines 29 through 33 and 4 inserting the following: 5 "1. A replacement generation tax in an amount 6 determined by the director in consultation with the 7 utility industry and all classes of consumers is 8 imposed on every person generating electricity on each 9 kilowatt-hour of electricity generated within this 10 state during the tax year, except electricity 11 generated by the following:" Amendment H-9211 lost. Gries of Crawford asked and received unanimous consent that amendment H-9184 be deferred. The House resumed consideration of amendment H-9205C. Wise of Lee offered the following amendment H-9216, to amendment H-9205C filed by him, Myers of Johnson and Gries of Crawford from the floor and moved its adoption: H-9216 1 Amend the amendment, H-9205, to Senate File 2416, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 3, line 24, by striking the word and 5 figure "and 2001" and inserting the following: "2001, 6 2002, 2003, 2004, 2005, 2006, 2007, and 2008". Speaker pro tempore Van Maanen of Marion in the chair at 12:05 p.m. Roll call was requested by Myers of Johnson and Wise of Lee. Rule 75 was invoked. On the question "Shall amendment H-9216, to amendment H-9205C, be adopted?" (S.F. 2416) The ayes were, 46: Arnold Bell Bernau Boddicker Brand Bukta Burnett Cohoon Connors Cormack Doderer Dotzler Drees Falck Fallon Foege Frevert Garman Gries Hahn Holveck Houser Huser Jacobs Jochum Kinzer Koenigs Kreiman Larkin Larson Mascher Moreland Murphy Myers Nelson O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomson Weigel Wise The nays were, 53: Barry Blodgett Boggess Bradley Brauns Brunkhorst Carroll Cataldo Chiodo Churchill Corbett, Spkr. Dinkla Dix Dolecheck Drake Eddie Ford Gipp Greig Greiner Grundberg Hansen Heaton Holmes Huseman Jenkins Klemme Kremer Lamberti Lord Martin May Mertz Metcalf Meyer Millage Mundie Rants Rayhons Siegrist Sukup Teig Thomas Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Welter Whitead Witt Van Maanen, Presiding Absent or not voting, 1: Chapman Amendment H-9216 lost. Siegrist of Pottawattamie asked and received unanimous consent that Senate File 2416 be temporarily deferred. (Amendment H-9205C pending.) On motion by Siegrist of Pottawattamie, the House was recessed at 1:10 p.m., until 2:00 p.m. AFTERNOON SESSION The House reconvened at 2:00 p.m., Veenstra of Sioux in the chair. 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. 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 16, 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 2164, a bill for an act relating to local community and economic development planning assistance and the community builder program. Also: That the Senate has on April 16, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 2545, a bill for an act relating to county mental health, mental retardation, and developmental disabilities service funding, allocating an appropriation, and providing effective dates. Also: That the Senate has on April 16, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2316, a bill for an act relating to entities and subject matter under the regulatory authority of the regulated industries unit of the insurance division, including business opportunities, cemeteries, and cemetery merchandise, motor vehicle service contracts, preneed funeral merchandise and services, and residential service contracts, providing for fees, and establishing penalties. Also: That the Senate has on April 16, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2374, a bill for an act providing for the regulation of bail enforcement businesses and their agents, limiting their actions, establishing fees, eliminating temporary county-issued identification for private security agents and investigators, and providing penalties. MARY PAT GUNDERSON, Secretary SENATE MESSAGE CONSIDERED Senate File 2418, by committee on appropriations, a bill for an act relating to state government technology and operations, by making and relating to appropriations to the Iowa communications network for the connection and support of certain Part III users, making appropriations to various entities for other technology-related purposes, providing for the procurement of information technology, providing for the transfer of the information technology division, providing for the use of the network, establishing an information technology bureau, making miscellaneous related changes, and providing effective dates. Read first time and referred to committee on appropriations. SENATE AMENDMENT CONSIDERED Carroll of Poweshiek called up for consideration House File 2545, a bill for an act relating to county mental health, mental retardation, and developmental disabilities service funding, allocating an appropriation, and providing effective dates, amended by the Senate, and moved that the House concur in the following Senate amendment H-9213: H-9213 1 Amend House File 2545, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 5, by striking lines 2 through 9. 4 2. Page 5, lines 13 and 14, by striking the words 5 ", as determined by the risk pool board". 6 3. Page 6, line 4, by inserting after the word 7 "administrators" the following: ", all". 8 4. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-9213. Carroll of Poweshiek 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. 2545) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill 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 Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Murphy Myers O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Warnstadt Weidman Weigel Welter Whitead Wise Witt Veenstra, Presiding The nays were, none. Absent or not voting, 5: Chapman Dinkla Mundie Nelson Siegrist The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. INTRODUCTION OF BILL House File 2560, by committee on ways and means, a bill for an act relating to aircraft registration fees. Read first time and placed on the ways and means calendar. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that House File 2545 be immediately messaged to the Senate. Ways and Means Calendar The House resumed consideration of Senate File 2416, a bill for an act relating to the replacement of property tax on property associated with electricity and natural gas with excise taxes associated with electricity and natural gas, establishing a statewide property tax on property associated with electricity and natural gas, providing for a special utility property tax levy or tax credit, providing for the Act's retroactive applicability, providing an effective date, and providing penalties, previously deferred, and amendment H-9205C (found on page 1683 of the House Journal.) Rants of Woodbury moved the adoption of amendment H-9205C. Amendment H-9205C was adopted, placing amendment H-9184 filed by Gries, et al., on April 15, 1998, out of order. Jacobs of Polk offered the following amendment H-9219 filed by her and Connors of Polk from the floor and moved its adoption: H-9219 1 Amend Senate File 2416, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 45, by inserting after line 25 the 4 following: 5 "It is the intent of the general assembly that the 6 general assembly evaluate the impact of the imposition 7 of the replacement tax for purposes of determining 8 whether this subsection shall remain in effect and 9 whether a determination shall be made as to the 10 necessity of a recalculation as provided in this 11 subsection for tax years beginning after tax year 12 2000." Amendment H-9219 was adopted. Larson of Linn offered the following amendment H-9158 filed by Larson, et al., and moved its adoption: H-9158 1 Amend Senate File 2416, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 59, lines 9 and 10, by striking the words 4 "to the maximum extent practicable". 5 2. Page 59, lines 17 and 18, by striking the 6 words "to the maximum extent practicable". Roll call was requested by Wise of Lee and Jochum of Dubuque. On the question "Shall amendment H-9158 be adopted?" (S.F. 2416) The ayes were, 46: Arnold Bell Bernau Boddicker Brand Bukta Burnett Cohoon Connors Cormack Doderer Dotzler Drees Falck Fallon Foege Frevert Garman Gries Hahn Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Larson Mascher Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomson Weigel Whitead Wise The nays were, 52: Barry Blodgett Boggess Bradley Brauns Brunkhorst Carroll Cataldo Chiodo Churchill Corbett, Spkr. Dix Dolecheck Drake Eddie Ford Gipp Greig Greiner Grundberg Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Lord Martin May Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomas Tyrrell Van Fossen Van Maanen Vande Hoef Warnstadt Weidman Welter Witt Veenstra, Presiding Absent or not voting, 2: Chapman Dinkla Amendment H-9158 lost. Larson of Linn asked and received unanimous consent to withdraw amendment H-9159 filed by Larson, et al., on April 14, 1998. Wise of Lee offered the following amendment H-9218 filed by him from the floor and moved its adoption: H-9218 1 Amend Senate File 2416, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 4, by striking the words "and 4 natural gas". 5 2. Page 1, line 11, by striking the words "and 6 natural gas". 7 3. Page 1, line 12, by striking the words "and 8 natural gas". 9 4. Page 1, line 25, by striking the words "and 10 natural gas". 11 5. Page 1, line 32, by striking the words "and 12 natural gas". 13 6. Page 2, line 1, by striking the words "and 14 natural gas". 15 7. Page 2, line 10, by striking the words "gas 16 and". 17 8. Page 2, line 22, by striking the words "and 18 natural gas". 19 9. Page 2, lines 23 and 24, by striking the words 20 "and natural gas". 21 10. Page 2, line 25, by striking the words "and 22 natural gas". 23 11. Page 2, line 29, by striking the words "and 24 natural gas". 25 12. Page 3, line 9, by striking the words 26 "natural gas companies,". 27 13. Page 3, lines 14 and 15, by striking the 28 words "or natural gas". 29 14. Page 3, line 19, by striking the words "and 30 natural gas". 31 15. Page 3, line 28, by striking the words 32 "natural gas company,". 33 16. Page 4, lines 2 and 3, by striking the words 34 ", natural gas companies,". 35 17. Page 4, by striking lines 15 through 18 and 36 inserting the following: "to electric service." 37 18. Page 4, lines 19 and 20, by striking the 38 words "or natural gas". 39 19. Page 4, lines 21 and 22, by striking the 40 words "or natural gas". 41 20. Page 4, lines 23 and 24, by striking the 42 words "or natural gas". 43 21. Page 4, line 27, by striking the words "or 44 natural gas". 45 22. Page 4, line 35, by striking the words "or 46 natural gas". 47 23. Page 5, line 1, by striking the words "or 48 natural gas". 49 24. Page 5, line 2, by striking the words "or 50 natural gas". Page 2 1 25. Page 6, line 7, by striking the words "or 2 natural gas". 3 26. Page 7, by striking lines 14 through 16. 4 27. Page 7, lines 26 and 27, by striking the 5 words "or a natural gas system, either of". 6 28. By striking page 7, line 31, through page 14, 7 line 33. 8 29. Page 14, line 35, by striking the word 9 "municipal" and inserting the following: "or 10 municipal". 11 30. Page 15, line 1, by striking the words "or 12 natural gas company,". 13 31. Page 15, line 4, by striking the word 14 "municipal" and inserting the following: "or 15 municipal". 16 32. Page 15, lines 4 and 5, by striking the words 17 ",or natural gas company". 18 33. Page 15, by striking line 20 and inserting 19 the following: "electricity under section 437A.4,". 20 34. Page 15, line 23, by striking the words 21 "natural gas company,". 22 35. Page 16, lines 7 and 8 by striking the words 23 "natural gas company,". 24 36. Page 16, line 10, by striking the figure 25 "437A.5,". 26 37. By striking page 24, line 29, through page 27 29, line 26. 28 38. Page 32, by striking lines 8 through 11 and 29 inserting the following: "competitive service area 30 during the tax year." 31 39. Page 32, by striking lines 15 through 18 and 32 inserting the following: "2." 33 40. Page 32, by striking lines 26 and 27 and 34 inserting the following: "subsection 2, and sections 35 437A.6 and 437A.7,". 36 41. Page 33, line 3, by striking the words "or 37 natural gas". 38 42. Page 33, by striking lines 10 through 13 and 39 inserting the following: "the tax year." 40 43. Page 33, lines 17 and 18, by striking the 41 words "and natural gas-related transfers". 42 44. Page 33, line 19, by striking the words and 43 figures ", and section 437A.5, subsection 5". 44 45. Page 33, by striking lines 21 and 22, and 45 inserting the following: "437A.4, subsection 1, 46 paragraph "b", due for the tax year." 47 46. Page 33, lines 34 and 35, by striking the 48 words and figures "and section 437A.5, subsection 8,". 49 47. Page 35, line 1, by striking the words "and 50 natural gas". Page 3 1 48. Page 35, line 3, by striking the words and 2 figures "and section 437A.5, subsection 3,". 3 49. Page 35, line 8, by striking the words "or 4 natural gas". 5 50. Page 35, line 12, by striking the words "or 6 natural gas". 7 51. Page 35, lines 13 and 14, by striking the 8 words and figures ", and section 437A.5, subsection 3, 9 paragraph "a"". 10 52. Page 42, lines 3 and 4, by striking the words 11 "or therms of natural gas". 12 53. Page 42, line 13, by striking the words "or 13 therms". 14 54. Page 42, lines 18 and 19, by striking the 15 words "or therms of natural gas". 16 55. Page 43, lines 4 and 5, by striking the words 17 "or therms of natural gas". 18 56. Page 46, lines 25 and 26, by striking the 19 words "natural gas companies,". 20 57. Page 47, line 9, by striking the words "or 21 natural gas". 22 58. Page 51, line 22, by striking the words 23 "natural gas company,". 24 59. Page 51, line 34, by striking the words 25 "natural gas company,". 26 60. Page 52, lines 16 and 17, by striking the 27 words "natural gas companies,". 28 61. Page 54, line 9, by striking the words 29 "natural gas company,". 30 62. Page 55, lines 29 and 30 by striking the 31 words ", except those natural gas pipelines permitted 32 pursuant to chapter 479,". 33 63. Page 56, lines 11 and 12 by striking the 34 words "other than natural gas pipelines permitted 35 pursuant to chapter 479,". 36 64. Page 56, lines 26 and 27 by striking the 37 words "other than natural gas pipelines permitted 38 pursuant to chapter 479". 39 65. Page 58, lines 6 and 7 by striking the words 40 "other than natural gas pipelines permitted pursuant 41 to chapter 479". 42 66. Page 58, lines 16 and 17 by striking the 43 words ", other than natural gas pipelines permitted 44 pursuant to chapter 479,". 45 67. Page 59, by striking lines 3 and 4 and 46 inserting the following: "electricity that is subject 47 to regulation by the board and in". 48 68. Page 60, line 8, by striking the words "gas 49 and electric industries" and inserting the following: 50 "electric industry". Page 4 1 69. Page 60, line 13, by striking the words "and 2 gas". 3 70. Page 60, lines 14 and 15, by striking the 4 words "and gas industries" and inserting the 5 following: "industry". 6 71. Page 60, line 21, by striking the words "and 7 gas industries" and inserting the following: 8 "industry". 9 72. Page 61, lines 7 and 8, by striking the words 10 "municipal utility, and natural gas company" and 11 inserting the following: "and municipal utility". 12 73. Page 61, by striking lines 14 through 17. 13 74. Page 62, by striking lines 5 through 8. 14 75. Page 62, line 20, by striking the words "or 15 natural gas". 16 76. Page 62, line 22, by striking the words "or 17 natural gas". 18 77. Page 62, lines 23 and 24, by striking the 19 words "or natural gas". 20 78. Page 62, lines 24 and 25 by striking the 21 words "or natural gas". 22 79. Page 62, lines 29 and 30, by striking the 23 words and figures "and section 437A.5, subsection 3, 24 paragraph "c",". 25 80. Page 62, line 30, by striking the words "or 26 natural". 27 81. Page 62, by striking line 31 and inserting 28 the following: "delivery tax rate for such electric". 29 82. Page 62, line 33, by striking the words "or 30 natural gas". 31 83. Title page, line 2, by striking the words 32 "and natural gas". 33 84. Title page, line 3, by striking the words 34 "and natural gas". 35 85. Title page, line 5, by striking the words 36 "and natural gas". 37 86. By renumbering as necessary. A non-record roll call was requested. The ayes were 29, nays 52. Amendment H-9218 lost. The House resumed consideration of amendment H-9205D. Rants of Woodbury asked and received unanimous consent that amendment H-9205D be deferred. The House resumed consideration of amendment H-9205B. Larson of Linn offered amendment H-9228, to amendment H-9205B, filed by him and Myers of Johnson from the floor and requested division as follows: H-9228 1 Amend the amendment, H-9205, to Senate File 2416, 2 as amended, passed, and reprinted by the Senate, as 3 follows: H-9228A 4 1. Page 1, line 7, by striking the figure "1997" 5 and inserting the following: "1998". 6 2. Page 1, line 9, by striking the figure "1997" 7 and inserting the following: "1998". 8 3. Page 1, line 11, by striking the figure "1993" 9 and inserting the following: "1994". 10 4. Page 1, line 13, by striking the figure "1997" 11 and inserting the following: "1998". 12 5. Page 1, line 15, by striking the figure "1998" 13 and inserting the following: "1999". 14 6. Page 1, line 17, by striking the figure "1999" 15 and inserting the following: "2000". 16 7. Page 1, line 19, by striking the figure "1999" 17 and inserting the following: "2000". 18 8. Page 1, line 21, by striking the figure "1998" 19 and inserting the following: "1999". 20 9. Page 1, line 23, by striking the figure "1999" 21 and inserting the following: "2000". 22 10. Page 1, line 26, by striking the word and 23 figures "1993 through 1997" and inserting the 24 following: "1994 through 1998". 25 11. Page 1, line 28, by striking the figure 26 "1997" and inserting the following: "1998". 27 12. Page 1, line 30, by striking the figure 28 "1998" and inserting the following: "1999". 29 13. Page 1, line 32, by striking the figure 30 "1998" and inserting the following: "1999". 31 14. Page 1, line 34, by striking the figure 32 "1998" and inserting the following: "1999". 33 15. Page 1, line 36, by striking the figure 34 "1998" and inserting the following: "1999". 35 16. Page 1, line 38, by striking the figure 36 "1998" and inserting the following: "1999". 37 17. Page 1, line 40, by striking the figure 38 "1998" and inserting the following: "1999". 39 18. Page 1, line 42, by striking the figure 40 "1999" and inserting the following: "2000". 41 19. Page 1, line 44, by striking the figure 42 "1998" and inserting the following: "1999". 43 20. Page 1, line 46, by striking the figure 44 "1998" and inserting the following: "1999". 45 21. Page 1, line 49, by striking the word and 46 figure "1993 through 1997" and inserting the 47 following: "1994 through 1998". 48 22. Page 2, line 1, by striking the figure "1998" 49 and inserting the following: "1999". 50 23. Page 2, line 3, by striking the figure "1998" Page 2 1 and inserting the following: "1999". 2 24. Page 2, line 5, by striking the figure "1998" 3 and inserting the following: "1999". 4 25. Page 2, line 7, by striking the figure "1998" 5 and inserting the following: "1999". 6 26. Page 2, line 9, by striking the figure "1999" 7 and inserting the following: "2000". 8 27. Page 2, line 11, by striking the figure 9 "1999" and inserting the following: "2000". 10 28. Page 2, line 13, by striking the figure 11 "1998" and inserting the following: "1999". 12 29. Page 2, line 15, by striking the figure 13 "1999" and inserting the following: "2000". 14 30. Page 2, line 17, by striking the figure 15 "1999" and inserting the following: "2000". 16 31. Page 2, line 19, by striking the figure 17 "1998" and inserting the following: "1999". 18 32. Page 2, line 21, by striking the figure 19 "1998" and inserting the following: "1999". 20 33. Page 2, line 23, by striking the figure 21 "1998" and inserting the following: "1999". 22 34. Page 2, line 25, by striking the figure 23 "1999" and inserting the following: "2000". 24 35. Page 2, line 27, by striking the figure 25 "1998" and inserting the following: "1999". 26 36. Page 2, line 29, by striking the figure 27 "1998" and inserting the following: "1999". 28 37. Page 2, line 31, by striking the figure 29 "1999" and inserting the following: "2000". 30 38. Page 2, line 33, by striking the figure 31 "1999" and inserting the following: "2000". 32 39. Page 2, line 36, by striking the word and 33 figures "1993 through 1997" and inserting the 34 following: "1994 through 1998". 35 40. Page 2, line 38, by striking the figure 36 "1997" and inserting the following: "1998". 37 41. Page 2, line 40, by striking the figure 38 "1998" and inserting the following: "1999". 39 42. Page 2, line 42, by striking the figure 40 "1998" and inserting the following: "1999". 41 43. Page 2, line 44, by striking the figure 42 "1998" and inserting the following: "1999". 43 44. Page 2, line 46, by striking the figure 44 "1998" and inserting the following: "1999". 45 45. Page 2, line 48, by striking the figure 46 "1999" and inserting the following: "2000". 47 46. Page 2, line 50, by striking the figure 48 "1999" and inserting the following: "2000". 49 47. Page 3, line 2, by striking the figure "1999" 50 and inserting the following: "2000". Page 3 1 48. Page 3, line 4, by striking the figure "1998" 2 and inserting the following: "1999". 3 49. Page 3, line 6, by striking the figure "1999" 4 and inserting the following: "2000". 5 50. Page 3, line 8, by striking the figure "1999" 6 and inserting the following: "2000". 7 51. Page 3, line 10, by striking the figure 8 "1998" and inserting the following: "1999". 9 52. Page 3, line 12, by striking the figure 10 "1999" and inserting the following: "2000". 11 53. Page 3, line 14, by striking the figure 12 "1999" and inserting the following: "2000". 13 54. Page 3, line 16, by striking the figure 14 "2000" and inserting the following: "2001". 15 55. Page 3, line 19, by striking the word and 16 figures "1993 through 1997" and inserting the 17 following: "1994 through 1998". 18 56. Page 3, line 21, by striking the figure 19 "1999" and inserting the following: "2000". H-9228B 20 57. Page 3, line 24, by striking the word and 21 figures "1999, 2000, and 2001" and inserting the 22 following: "2000, 2001, and 2002". H-9228A 23 58. Page 3, line 26, by striking the figure 24 "1997" and inserting the following: "1998". 25 59. Page 3, line 28, by striking the figure 26 "2003" and inserting the following: "2004". 27 60. Page 3, line 30, by striking the figure 28 "2002" and inserting the following: "2003". 29 61. Page 3, line 32, by striking the figure 30 "1999" and inserting the following: "2000". 31 62. Page 3, line 34, by striking the figure 32 "1998" and inserting the following: "1999". 33 63. Page 3, line 36, by striking the figure 34 "1998" and inserting the following: "1999". 35 64. Page 3, line 38, by striking the figure 36 "1998" and inserting the following: "1999". 37 65. Page 3, line 40, by striking the figure 38 "1998" and inserting the following: "1999". 39 66. Page 3, line 42, by striking the figure 40 "1999" and inserting the following: "2000". 41 67. Page 3, line 44, by striking the figure 42 "1998" and inserting the following: "1999". 43 68. Page 3, line 46, by striking the figure 44 "1999" and inserting the following: "2000". 45 69. Page 3, line 48, by striking the figure 46 "1999" and inserting the following: "2000". 47 70. Page 3, line 50, by striking the figure 48 "1999" and inserting the following: "2000". 49 71. Page 4, line 2, by striking the figure "1999" 50 and inserting the following: "2000". Page 4 1 72. Page 4, line 4, by striking the figure "1999" 2 and inserting the following: "2000". 3 73. Page 4, line 6, by striking the figure "2000" 4 and inserting the following: "2001". 5 74. Page 4, line 8, by striking the figure "2000" 6 and inserting the following: "2001". 7 75. Page 4, line 10, by striking the figure 8 "2000" and inserting the following: "2001". 9 76. Page 4, line 12, by striking the figure 10 "2003" and inserting the following: "2004". 11 77. Page 4, line 14, by striking the figure 12 "2006" and inserting the following: "2007". 13 78. Page 4, line 16, by striking the figure 14 "2008" and inserting the following: "2009". 15 79. Page 4, line 19, by striking the word and 16 figures "1993 through 1997" and inserting the 17 following: "1994 through 1998". 18 80. Page 4, line 22, by striking the word and 19 figures "1993 through 1997" and inserting the 20 following: "1994 through 1998". 21 81. Page 4, line 24, by striking the figure 22 "1998" and inserting the following: "1999". 23 82. Page 4, line 26, by striking the figure 24 "1998" and inserting the following: "1999". 25 83. Page 4, line 28, by striking the figure 26 "1998" and inserting the following: "1999". 27 84. Page 4, line 30, by striking the figure 28 "1998" and inserting the following: "1999". 29 85. Page 4, line 32, by striking the figure 30 "1998" and inserting the following: "1999". 31 86. Page 4, line 34, by striking the figure 32 "1998" and inserting the following: "1999". 33 87. Page 4, line 36, by striking the figure 34 "1998" and inserting the following: "1999". 35 88. Page 4, line 38, by striking the figure 36 "1998" and inserting the following: "1999". 37 89. Page 4, line 40, by striking the figure 38 "1998" and inserting the following: "1999". 39 90. Page 4, line 43, by striking the word and 40 figures "1994 through 1998" and inserting the 41 following: "1995 through 1999". 42 91. Page 4, line 46, by striking the word and 43 figures "1994 through 1998" and inserting the 44 following: "1995 through 1999". 45 92. Page 4, line 48, by striking the figure 46 "1999" and inserting the following: "2000". 47 93. Page 4, line 50, by striking the figure 48 "2000" and inserting the following: "2001". H-9228C 49 94. Page 5, line 6, by striking the word 50 "January" and inserting the following: "July". Page 5 1 95. Page 5, line 8, by striking the figure "1999" 2 and inserting the following: "2000". 3 96. Page 5, line 9, by striking the figure "1999" 4 and inserting the following: "2000". Larson of Linn moved the adoption of amendment H-9228A, to amendment H-9205B. A non-record roll call was requested. The ayes were 38, nays 49. Amendment H-9228A lost. Siegrist of Pottawattamie asked and received unanimous consent that Senate File 2416 be temporarily deferred. MOTION TO RECONSIDER WITHDRAWN (House File 2558) Houser of Pottawattamie asked and received unanimous consent to withdraw the motion to reconsider House File 2558, a bill for an act relating to mental health, developmental disability, and substance abuse service, commitment, and payment provisions, and including an applicability provision and an effective date, filed by him on April 15, 1998. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 2558 be immediately messaged to the Senate. The House resumed consideration of Senate File 2416, previously deferred. Larson of Linn asked and received unanimous consent to withdraw amendment H-9228B. Rants of Woodbury moved the adoption of amendment H-9205B. Amendment H-9205B was adopted. Larson of Linn asked and received unanimous consent to withdraw amendment H-9228C, to amendment H-9205D. Rants of Woodbury moved the adoption of amendment H-9205D. Amendment H-9205D was adopted. Speaker Corbett in the chair at 4:43 p.m. LEAVE OF ABSENCE Leave of absence was granted as follows: Cataldo of Polk, until his return, on request of Schrader of Marion. Rants of Woodbury 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. 2416) The ayes were, 61: Arnold Barry Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Carroll Cataldo Chiodo Churchill Cormack Dinkla Dix Dolecheck Drake Eddie Ford Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Lord Martin May Mertz Metcalf Meyer Millage Mundie O'Brien Rants Rayhons Siegrist Sukup Teig Thomas Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Welter Witt Mr. Speaker Corbett The nays were, 38: Bell Bernau Bukta Burnett Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Frevert Garman Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Larson Mascher Moreland Murphy Myers Nelson Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomson Weigel Whitead Wise Absent or not voting, 1: Chapman 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 2416 be immediately messaged to the Senate. RULES SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent to suspend the rules for the immediate consideration of Senate File 2381. Appropriations Calendar 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, with report of committee recommending amendment and passage, was taken up for consideration. The House stood at ease at 5:14 p.m., until the fall of the gavel. The House resumed session and consideration of Senate File 2381 at 6:25 p.m., Speaker Corbett in the chair. Brauns of Muscatine offered amendment H-9185 filed by the committee on appropriations as follows: H-9185 1 Amend Senate File 2381, as amended, passed, and 2 reprinted by the Senate as follows: 3 1. Page 1, line 14, by striking the figure 4 "1,000,000" and inserting the following: "1,200,000". 5 2. Page 1, line 29, by striking the words "an 6 additional cellblock" and inserting the following: 7 "two additional cellblocks". 8 3. Page 1, line 31, by striking the figure 9 "5,000,000" and inserting the following: 10 "10,000,000". 11 4. Page 1, by inserting after line 31 the 12 following: 13 "It is the intent of the general assembly that the 14 amount appropriated in this subsection shall only be 15 used to fund the design, construction services related 16 to, and construction of the additional cellblocks." 17 5. Page 1, by inserting after line 34 the 18 following: 19 " . For the construction, renovation, and 20 expansion of community-based correctional facilities: 21 $ 2,000,000" 22 6. Page 4, line 14, by striking the word 23 "purpose" and inserting the following: "purposes". 24 7. Page 4, line 15, by inserting before the word 25 "For" the following: "1." 26 8. Page 4, by inserting after line 20 the 27 following: 28 "2. For the completion of the training facility 29 infrastructure and site development phase of the 30 national education center for agriculture safety, on 31 the campus of the northeast Iowa community college in 32 the City of Peosta: 33 $ 450,000" 34 9. Page 4, line 34, by striking the figure 35 "7,000,000" and inserting the following: "7,800,000". 36 10. Page 5, line 5, by striking the figure 37 "350,000" and inserting the following: "1,250,000". 38 11. Page 5, line 24, by striking the words "and 39 design" and inserting the following: ", design, and 40 construction". 41 12. Page 5, line 26, by striking the figure 42 "820,000" and inserting the following: "6,820,000". 43 13. Page 8, line 2, by inserting after the word 44 "facilities" the following: "started or completed 45 after July 1, 1997, or construction of structures 46 designated to make such complexes and facilities more 47 accessible". 48 14. Page 8, line 4, by inserting after the word 49 "raised." the following: "If a recreational complex 50 or facility has been started or completed and has Page 2 1 existing debt obligations, a grant may be awarded if 2 the applicant otherwise qualifies under this 3 subsection." 4 15. Page 8, by striking lines 6 through 9. 5 16. Page 8, line 10, by inserting after the word 6 "lakes" the following: ", including necessary 7 preparation for dredging,". 8 17. Page 8, line 13, by striking the figure 9 "2,000,000" and inserting the following: "2,200,000". 10 18. Page 8, by inserting after line 13 the 11 following: 12 "Of the amount appropriated in this subsection up 13 to $200,000 shall be used by the department to 14 implement a lake rehabilitation pilot program for 15 state-owned or public lakes in cooperation with local 16 project sponsors. The department shall adopt rules to 17 administer the program to include requirements for the 18 development of diagnostic feasibility lake studies, 19 development of plans for lakes judged suitable for 20 restoration, and provisions for grants to local 21 sponsors by which the department shall match the cost 22 of studies and plans at a rate of one dollar of state 23 appropriated moneys for every three dollars of local 24 project moneys raised." 25 19. Page 10, by inserting after line 27 the 26 following: 27 "Sec. ___. Section 174.15, Code 1997, is amended 28 to read as follows: 29 174.15 PURCHASE AND MANAGEMENT. 30 Title to land purchased or received for fairground 31 purposes shall be taken in the name of the county or a 32 society, but the board of supervisors shall place it 33 under the control and management ofan incorporated34county or district faira society. The society may 35 act as agent for the county in the erection of 36 buildings, maintenance of grounds and buildings, or 37 improvements constructed on the grounds. Title to new 38 buildings or improvements shall be taken in the name 39 of the county or a society, but the county is not 40 liable for the improvements or expenditures for them." 41 20. By striking page 10, line 28, through page 42 12, line 3. 43 21. Page 12, by inserting after line 18 the 44 following: 45 "Sec. ___. 1997 Iowa Acts, chapter 215, section 2, 46 subsection 8, is amended to read as follows: 47 8. For the state training school for the design 48 and construction of new or replacement buildings,at49the state training school, by allocating not more than50$1,600,000for design and construction of a living Page 3 1 unit,allocating not more than $800,000 for design and2 for construction of a multipurpose building,and3allocating not more than $200,000for the design of a 4 new school building, and for institution utilities 5 infrastructure: 6 $ 2,600,000 7 Sec. ___. 1997 Iowa Acts, chapter 215, section 4, 8 subsection 4, is amended to read as follows: 9 4. For the state training school for the design 10 and construction of new or replacement buildingsat11the state training school by allocating not more than12$2,300,000 to complete, for construction of the new 13 school building, for institution utilities 14 infrastructure, andallocating not more than$400,00015andfor the design of the new gymnasium building: 16 $ 2,700,000 17 Sec. ___. 1997 Iowa Acts, chapter 215, section 5, 18 is amended to read as follows: 19 SEC. 5. There is appropriated from the rebuild 20 Iowa infrastructure fund to the department of general 21 services for the fiscal year beginning July 1, 1999, 22 and ending June 30, 2000, the following amount, or so 23 much thereof as is necessary, to be used for the 24 purpose designated: 25 For construction of a new school and gymnasium 26 building at the state training school: 27 $ 4,000,000" 28 22. Page 13, by striking lines 3 through 14 and 29 inserting the following: "unnumbered paragraph 2, is 30 amended by striking the unnumbered paragraph and 31 inserting in lieu thereof the following: 32 As a condition of receiving the appropriations in 33 this section, the department shall support county 34 programs to close agricultural drainage wells, 35 including connecting drainage systems which are 36 tributary to the drainage wells to alternative 37 drainage outlets. The department shall pay for 38 seventy-five percent of the estimated or actual cost 39 of closing the agricultural drainage wells. The soil 40 conservation division shall award assistance to 41 counties based on an objective evaluation of factors 42 specified in the priority system established pursuant 43 to section 159.29, subsection 6, which shall include, 44 but is not limited to, the level of environmental risk 45 caused by not closing the wells, the cost 46 effectiveness of the proposed closure, and the amount 47 of county support for a closure program." 48 23. Page 13, line 15, by inserting after the word 49 "sections" the following: "and subsections". 50 24. Page 13, by inserting after line 16 the Page 4 1 following: 2 "___. Section 2, subsection 2, appropriating funds 3 for the construction of additional cellblocks at the 4 Fort Dodge correctional facility." 5 25. Title, page 1, line 7, by striking the words 6 "an additional cellblock" and inserting the following: 7 "two additional cellblocks". 8 26. Title, page 1, line 10, by inserting after 9 the word "Madison" the following: ", and for 10 construction and renovation of community-based 11 correctional facilities". 12 27. Title, page 1, line 17, by inserting after 13 the word "colleges" the following: ", for completion 14 of the training facility and site development phase of 15 the national education center for agricultural 16 safety". 17 28. Title, page 2, line 18, by inserting after 18 the word "program," the following: "creation of a 19 lake rehabilitation pilot program,". 20 29. Title, page 2, lines 18 and 19, by striking 21 the words "for the blufflands protection revolving 22 fund,". 23 30. Title, page 2, lines 32 and 33, by striking 24 the words "by establishing the blufflands protection 25 fund,". 26 31. Title, page 3, line 44, by inserting after 27 the words "infrastructure fund" the following: ", by 28 reallocating certain funds to design and construct new 29 or replacement buildings at the state training 30 school". 31 32. By renumbering, relettering, or redesignating 32 and correcting internal references as necessary. Brauns of Muscatine offered the following amendment H-9227, to the committee amendment H-9185, filed by him, Mascher of Johnson and Brand of Tama from the floor and moved its adoption: H-9227 1 Amend the amendment, H-9185, to Senate File 2381, 2 as amended, passed, and reprinted by the Senate as 3 follows: 4 1. Page 1, line 21 by striking the figure 5 "2,000,000" and inserting the following: "1,500,000". 6 2. Page 1, by inserting after line 37 the 7 following: 8 " . Page 5, by inserting after line 23 the 9 following: 10 " . For the renovation of a cottage to provide 11 additional bed space for females at the Iowa juvenile 12 home: 13 $ 500,000"" 14 3. Page 4, by inserting after line 16 the 15 following: 16 " . Title, page 2, line 7, by inserting after 17 the word "complex," the following: "for renovation of 18 a cottage at the Iowa juvenile home,"." 19 4. By renumbering as necessary. Amendment H-9227, to the committee amendment H-9185, was adopted. Mascher of Johnson asked and received unanimous consent to withdraw amendments H-9198 and H-9207, both to the committee amendment H-9185, filed by her on April 15, 1998. Brauns of Muscatine offered the following amendment H-9206, to the committee amendment H-9185, filed by him and moved its adoption: H-9206 1 Amend the House amendment, H-9185, to Senate File 2 2381, as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. Page 1, line 35, by striking the figure 5 "7,800,000" and inserting the following: "8,800,000". 6 2. Page 1, line 42, by striking the figure 7 "6,820,000" and inserting the following: "5,820,000". 8 3. By renumbering as necessary. Amendment H-9206 was adopted. Witt of Black Hawk offered the following amendment H-9234, to the committee amendment H-9185, filed by him, Houser of Pottawattamie and Barry of Harrison from the floor and moved its adoption: H-9234 1 Amend the amendment, H-9185, to Senate File 2381, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 2, by striking line 4 and inserting the 5 following: 6 " . Page 8, line 6, by inserting after the word 7 "protection" the following: "program and revolving". 8 2. Page 2, by striking lines 41 and 42. 9 3. Page 2, by inserting before line 43 the 10 following: 11 " . Page 10, line 28, by inserting after the 12 word "PROTECTION" the following: "PROGRAM AND 13 REVOLVING". 14 . Page 11, line 5, by inserting after the word 15 "protection" the following: "revolving". 16 . Page 11, line 11, by inserting after the 17 word "the" the following: "revolving". 18 . Page 11, line 11, by striking the word 19 "grants" and inserting the following: "loans". 20 . Page 11, line 18, by inserting before the 21 word "fund" the following: "revolving". 22 . Page 11, line 19, by inserting after the 23 word "protection" the following: "revolving". 24 . Page 11, by inserting after line 24 the 25 following: 26 "a. This section is repealed on July 1, 2005. 27 b. The principal and interest from any blufflands 28 protection loans outstanding on July 1, 2005, and 29 payable to the blufflands protection revolving fund, 30 shall be paid to the administrative director of the 31 division of soil conservation on or after July 1, 32 2005, pursuant to the terms of the loans agreement and 33 shall be credited to the rebuild Iowa infrastructure 34 fund."" 35 4. Page 4, by striking lines 20 through 25 and 36 inserting the following: 37 " . Title page 2, line 33, by inserting after 38 the word "protection" the following: "program and 39 revolving". 40 5. By renumbering as necessary. Amendment H-9234 was adopted placing amendment H-9208, to the committee amendment H-9185, filed by Brauns of Muscatine on April 15, 1998, out of order. Cohoon of Des Moines asked and received unanimous consent that amendment H-9220, to the committee amendment H-9185, be deferred. Eddie of Buena Vista offered the following amendment H-9197, to the committee amendment H-9185, filed by him and moved its adoption: H-9197 1 Amend the House amendment, H-9185, to Senate File 2 2381, as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. Page 3, by striking lines 28 through 47. 5 2. By renumbering as necessary. A non-record roll call was requested. The ayes were 43, nays 30. Amendment H-9197 adopted placing amendment H-9217, to the committee amendment H-9185, filed by Mertz of Kossuth from the floor out of order. Falck of Fayette asked and received unanimous consent to withdraw amendment H-9220, to the committee amendment H-9185, filed by him from the floor. Brauns of Muscatine moved the adoption of the committee amendment H-9185, as amended. The committee amendment H-9185, as amended, was adopted. Ford of Polk offered the following amendment H-8841 filed by him and Brauns of Muscatine and moved its adoption: H-8841 1 Amend Senate File 2381, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 2, by inserting after line 25 the 4 following: 5 "___. Of the amount appropriated in this section, 6 not more than $250,000 may be used to fund a state 7 contribution toward the construction of the Fort Des 8 Moines black officers memorial." 9 2. By renumbering as necessary. Amendment H-8841 was adopted. Whitead of Woodbury offered the following amendment H-9003 filed by him and moved its adoption: H-9003 1 Amend Senate File 2381, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 2, by inserting after line 25 the 4 following: 5 "___. Of the amount appropriated in this section, 6 not more than $450,000 may be used to fund a state 7 contribution toward the restoration and preservation 8 of the viewing structure located at the Sergeant Floyd 9 monument in Sioux City." 10 2. By renumbering as necessary. Amendment H-9003 lost. Fallon of Polk offered the following amendment H-9246 filed by him from the floor and moved its adoption: H-9246 1 Amend Senate File 2381, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 2, line 14, by striking the figure 4 "2,425,000" and inserting the following: "2,325,000". 5 2. Page 2, by striking lines 19 through 21. 6 3. Page 5, by inserting after line 26 the 7 following: 8 "___. For the funding of a state contribution 9 toward the planning, design, and construction of an 10 Iowa hall of pride: 11 $ 100,000" 12 4. Title page 2, line 8, by inserting after the 13 word "complex," the following: "for the design and 14 construction of an Iowa hall of pride,". 15 4. By renumbering as necessary. Amendment H-9246 was adopted. Churchill of Polk asked and received unanimous consent to withdraw amendment H-9239 filed by him from the floor. Richardson of Warren offered the following amendment H-9172 filed by him and moved its adoption: H-9172 1 Amend Senate File 2381, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 6, line 15, by striking the figure 4 "1,040,000" and inserting the following: "1,060,000". Amendment H-9172 was adopted. Kremer of Buchanan asked and received unanimous consent to withdraw amendment H-8709 filed by him and Thomas of Clayton on March 25, 1998. Kremer of Buchanan asked and received unanimous consent to withdraw amendment H-9202 filed by him and Thomas of Clayton on April 15, 1998. Warnstadt of Woodbury asked and received unanimous consent to withdraw amendment H-9230 filed by him from the floor. Mascher of Johnson asked and received unanimous consent to withdraw amendment H-9157 filed by her on April 14, 1998. Mertz of Kossuth offered the following amendment H-9247 filed by her from the floor and moved its adoption: H-9247 1 Amend Senate File 2381, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 13, by inserting before line 15 the 4 following: 5 "Any balance remaining unobligated or unexpended on 6 June 30, 1999, from the funds appropriated in this 7 section shall be transferred to the agricultural 8 management account of the groundwater protection fund 9 created in section 455E.11. Moneys deposited in that 10 account under this section shall be allocated to the 11 department of agriculture and land stewardship for 12 cost-share assistance for the following programs: 13 To reimburse owners of agricultural drainage wells 14 and surface water intakes which drain into 15 agricultural drainage wells for up to seventy-five 16 percent of the costs incurred after May 29, 1997, to 17 prevent surface water drainage into agricultural 18 drainage wells as required pursuant to section 455I.2. 19 To reimburse individual owners and users of 20 agricultural drainage wells for up to seventy-five 21 percent of the costs incurred after May 29, 1997, to 22 close agricultural drainage wells and to connect 23 drainage systems which are tributary to the drainage 24 wells to alternative drainage outlets as required 25 pursuant to section 455I.3." 26 2. By renumbering as necessary. Amendment H-9247 was adopted. Chiodo of Polk offered the following amendment H-9248 filed by him from the floor and moved its adoption: H-9248 1 Amend Senate File 2381, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 2, by inserting after line 25 the 4 following: 5 "___. Of the amount appropriated in this section, 6 not more than $100,000 may be used to fund a state 7 contribution toward the restoration and renovation of 8 the roof at St. John's Basilica which is on the 9 national register of historic places and is located in 10 Des Moines." 11 2. By renumbering as necessary. Amendment H-9248 lost. Brauns of Muscatine moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2381) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo 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 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 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: Fallon Absent or not voting, 4: Chapman Churchill Larson Sukup The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 2381 be immediately messaged to the Senate. SENATE AMENDMENT CONSIDERED Grundberg of Polk called up for consideration 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, amended by the Senate amendment H-9210 as follows: H-9210 1 Amend House File 2533, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 3, line 12, by striking the figure 4 "3,103,788" and inserting the following: "3,078,788". 5 2. Page 7, line 26, by striking the figure 6 "3,172,098" and inserting the following: "3,072,098". 7 3. By striking page 7, lines 28 through 31. 8 4. Page 8, line 7, by striking the figure 9 "1,537,000" and inserting the following: "1,637,000". 10 5. Page 8, by striking lines 21 through 23. 11 6. By striking page 9, line 33, through page 10, 12 line 12. 13 7. Page 10, by inserting after line 12 the 14 following: 15 "___. AREA EDUCATION AGENCY AUDIT 16 For allocation to the auditor of state for the 17 costs of conducting the audit of area education 18 agencies as provided in section 50 of this Act, if 19 enacted: 20 $ 75,000" 21 8. By striking page 11, line 28, through page 12, 22 line 2. 23 9. Page 12, by striking lines 23 through 27 and 24 inserting the following: "information services for 25 purposes of the open access program." 26 10. By striking page 12, line 35, through page 27 13, line 4, and inserting the following: "services 28 for purposes of the open access program." 29 11. Page 14, by inserting after line 14 the 30 following: 31 "Sec. ___. 1998 Iowa Acts, Senate File 2366, 32 section 1, subsection 1, unnumbered paragraphs 2 and 33 3, if enacted, are amended by striking the unnumbered 34 paragraphs." 35 12. Page 14, by striking lines 27 through 31. 36 13. Page 24, by striking lines 24 through 32. 37 14. Page 25, by striking lines 5 through 18. 38 15. Page 26, by inserting after line 12 the 39 following: 40 "Sec. ___. Section 256.22, subsection 1, 41 unnumbered paragraph 1, if enacted by 1998 Iowa Acts, 42 Senate File 2366, is amended to read as follows: 43 Subject to an appropriation of sufficient funds by 44 the general assembly, the department shall establish a 45 frontier school and extended year school grant program 46 to provide for the allocation of grants to school 47 districts, or a collaboration of school districts, to 48 provide technical assistance for conversion of an 49 existing school to a frontier school or to an extended 50 school year calendar, or for investigating the Page 2 1 possibility of converting an existing school within a 2 district to a frontier school or to an extended school 3 year calendar. A district that wants to participate 4 in the program shall submit to the department a 5 written request for a grant bySeptemberOctober 1,61998. The school district or collaboration of school 7 districts shall agree to appoint a planning committee 8 composed of parents, guardians, teachers, 9 administrators, and individuals representing business, 10 and the local community. The school district or 11 collaboration shall also indicate in its request its 12 intention to use any grant moneys received under this 13 section to examine, at a minimum, all of the 14 following: 15 Sec. ___. Section 256.22, subsections 2 and 5, if 16 enacted by 1998 Iowa Acts, Senate File 2366, are 17 amended to read as follows: 18 2. Grant moneys shall be distributed to qualifying 19 school districts by the department no later than 20 October15, 199830 annually. Grant amounts shall be 21 distributed as determined by the department. Not more 22 than fifteen of the grants awarded per year in 23 accordance with this section shall be used for 24 purposes of frontier school planning or conversion. A 25 grant awarded to a school district under this section 26 shall not exceed twenty-five thousand dollars. 27 Notwithstanding the other provisions of this section, 28 the department shall not award grant moneys for 29 technical assistance for conversion of an existing 30 school to a frontier school or to an extended school 31 year calendar prior to July 1, 1999. 32 5. Except as provided in this subsection, frontier 33 schools are exempt from all statutes and rules 34 applicable to a school, a school board, or a school 35 district, although a frontier school may elect to 36 comply with one or more provisions of statute or rule. 37 However, a frontier school shall meet all applicable 38 state and local health and safety requirements;the39frontier school shall be organized and operated as a40nonprofit cooperative association under chapter 498 or41nonprofit corporation under chapter 504A;the 42 provisions of chapters 21 and 22 shall apply to 43 meetings and records of the frontier school board; and 44 frontier schools are subject to and shall comply with 45 chapters 216 and 216A relating to civil and human 46 rights, and sections 275.55A, 279.9A, 280.17B, 47 280.21B, and 282.4, relating to suspension and 48 expulsion of a student. The frontier school shall 49 employ or contract with necessary teachers, as defined 50 in section 272.1, who hold a valid license with an Page 3 1 endorsement for the type of service for which the 2 teacher is employed. Frontier schools are subject to 3 the same financial audits, audit procedures, and audit 4 requirements as a school district. The audits shall 5 be consistent with the requirements of sections 11.6, 6 11.14, 11.19, 256.9, subsection 19, and section 7 279.29, except to the extent deviations are necessary 8 because of the program at the school. The department, 9 auditor of state, or the legislative fiscal bureau may 10 conduct financial, program, or compliance audits. The 11 provisions of chapter 20 shall not apply to the board 12 of directors of a frontier school or its employees. 13 Sec. ___. Section 256.22, if enacted by 1998 Iowa 14 Acts, Senate File 2366, section 4, is amended by 15 adding the following new subsection: 16 NEW SUBSECTION. 6. Notwithstanding section 8.33, 17 unencumbered or unobligated funds remaining on June 30 18 of the fiscal year for which the funds were 19 appropriated shall not revert but shall be available 20 for expenditure for the following fiscal year for 21 purposes of this section. 22 Sec. ___. NEW SECTION. 256.24 MATHEMATICS PILOT 23 PROGRAMS. 24 1. The Iowa mathematics and science coalition 25 shall administer a two-year mathematics pilot program 26 to help teachers become aware of possibilities for 27 mathematics instruction other than traditional 28 approaches and discuss those approaches with other 29 teachers, employ new problem-centered approaches, 30 develop routines that create an environment that 31 promotes problem solving and student autonomy, and 32 integrate new approaches to teaching mathematics in 33 the regular mathematics curriculum. 34 2. The Iowa mathematics and science coalition 35 shall locate the pilot programs in at least four 36 public school districts, one located in a large school 37 district, one located in a medium-sized school 38 district, and two located in small school districts. 39 In the case of a large school district, the district 40 shall apply for a secondary school in the district 41 provided that the middle and elementary schools within 42 the secondary school attendance area shall be 43 represented in the application. Districts 44 participating in the program shall require all 45 teachers employed by the district who teach 46 mathematics to participate in the pilot program. 47 However, in the case of a large district, only 48 teachers employed to teach mathematics in the 49 secondary school for which the application was made, 50 and the teachers employed to teach mathematics in the Page 4 1 middle and elementary schools within the secondary 2 school attendance area, shall be required to 3 participate in the pilot program. For purposes of 4 this section, a large school district is a district 5 with an actual enrollment of five thousand or more 6 pupils; a medium-sized school district is a district 7 with an actual enrollment that is greater than one 8 thousand one hundred ninety-nine pupils, but less than 9 five thousand pupils; and a small school district is a 10 district with an actual enrollment of one thousand one 11 hundred ninety-nine or fewer pupils. 12 3. Funds appropriated for purposes of this section 13 may be used for administrative costs of the program 14 and shall be used to provide partial financial 15 assistance to a participating school district. The 16 portion of the program costs for which a district does 17 not receive financial assistance pursuant to this 18 section shall be paid by the district. However, the 19 district may use phase III funds to pay this portion 20 of the program costs. 21 Sec. ___. Section 256.44, subsection 3, if enacted 22 by 1998 Iowa Acts, Senate File 2366, section 5, is 23 amended to read as follows: 24 3. To receive a five-year annual award for 25 achieving certification by the national board of 26 professional teaching standards, a teacher shall apply 27 to the department within one year of eligibility. 28 Payment for awards shall be made only upon 29 departmental approval of an application or 30 recertification of eligibility. A nonrenewable term 31 of eligibility shall be for five years or for the 32 years the certificate is valid, whichever time period 33 is shorter. In order to continue receipt of payments, 34 a recipient shall annually recertify eligibility. It 35 is the intent of the general assembly to appropriate 36 not more than one million dollars from the general 37 fund for purposes of this program during the lifetime 38 of this program." 39 16. By striking page 29, line 25, through page 40 30, line 6, and inserting the following: 41 "Sec. ___. Section 261.25, Code Supplement 1997, 42 is amended by adding the following new subsection: 43 NEW SUBSECTION. 3A. There is appropriated from 44 the general fund of the state to the commission for 45 each fiscal year the sum of ninety thousand dollars 46 for the industrial technology forgivable loan program 47 established in section 261.111. 48 Sec. ___. NEW SECTION. 261.111 INDUSTRIAL 49 TECHNOLOGY FORGIVABLE LOAN PROGRAM. 50 1. There is established an industrial technology Page 5 1 forgivable loan program to be administered by the 2 college student aid commission. An individual is 3 eligible for the forgivable loan program if the 4 individual meets all of the following conditions: 5 a. Is a resident of this state who is enrolled as 6 a sophomore, junior, or senior in the area of 7 industrial technology education at an institution of 8 higher learning under the control of the state board 9 of regents or an accredited private institution as 10 defined in section 261.9, or, is a resident of this 11 state who is enrolled in the area of industrial 12 technology at a community college in the state and the 13 credits for the coursework in industrial technology 14 are transferable to an institution of higher learning 15 under the control of the state board of regents, or to 16 an accredited private institution as defined in 17 section 261.9. 18 b. Completes and files an application for an 19 industrial technology forgivable loan. The individual 20 shall be responsible for the submission of the 21 parents' confidential statement for processing to both 22 the commission and the institution in which the 23 applicant is enrolling. 24 c. Reports promptly to the commission any 25 information requested. 26 d. Files a new application and parents' 27 confidential statement annually on the basis of which 28 the applicant's eligibility for a renewed industrial 29 technology forgivable loan will be evaluated and 30 determined. 31 2. Forgivable loans to eligible students shall not 32 become due until after the student graduates or leaves 33 school. The individual's total loan amount, including 34 principal and interest, shall be reduced by twenty 35 percent for each year in which the individual remains 36 an Iowa resident and is employed by a school district 37 or an accredited nonpublic school as an industrial 38 technology teacher. If the commission determines that 39 the person does not meet the criteria for forgiveness 40 of the principal and interest payments, the commission 41 shall establish a plan for repayment of the principal 42 and interest over a ten-year period. If a person 43 required to make the repayment does not make the 44 required payments, the commission shall provide for 45 payment collection. 46 3. There is created an industrial technology 47 forgivable loan repayment fund for deposit of payments 48 made by forgivable loan recipients who do not fulfill 49 the conditions of the forgivable loan program. 50 Notwithstanding section 8.33, moneys deposited in the Page 6 1 industrial technology forgivable loan repayment fund 2 shall not revert to the general fund of the state at 3 the end of any fiscal year but shall remain in the 4 industrial technology forgivable loan repayment fund 5 and be continuously available to make additional loans 6 under the program. 7 Sec. ___. NEW SECTION. 261.112 INDUSTRIAL 8 TECHNOLOGY FORGIVABLE LOAN ADMINISTRATION. 9 1. The college student aid commission shall 10 administer the industrial technology forgivable loan 11 program. The amount of an industrial technology 12 forgivable loan shall not exceed three thousand 13 dollars annually, or the amount of the student's 14 established financial need, whichever is less. 15 2. The interest rate for the forgivable loan shall 16 be equal to the interest rate collected by an eligible 17 lender under the Iowa guaranteed student loan program 18 for the year in which the forgivable loan is made. 19 Sec. ___. Section 279.14, subsection 2, if enacted 20 by 1998 Iowa Acts, Senate File 2366, is amended by 21 striking the subsection and inserting in lieu thereof 22 the following: 23 2. The determination of standards of performance 24 expected of school district personnel shall be 25 reserved as an exclusive management right of the 26 school board and shall not be subject to mandatory 27 negotiations under chapter 20. Notwithstanding 28 chapter 20, objections to the procedures, use, or 29 content of an evaluation in a teacher termination 30 proceeding brought before the school board in a 31 hearing held in accordance with section 279.16 or 32 279.27 shall not be subject to the grievance 33 procedures negotiated in accordance with chapter 20. 34 A school district shall not be obligated to process 35 any evaluation grievance after service of a notice and 36 recommendation to terminate an individual's continuing 37 teaching contract in accordance with chapter 279. 38 Sec. ___. Section 279.14A, subsection 1, if 39 enacted by 1998 Iowa Acts, Senate File 2366, is 40 amended to read as follows: 41 1. The department of education shall establish and 42 implement a voluntary practitioner performance 43 improvement program that shall provide technical 44 assistance to teachers and administrators from each 45 public school district and area education agency. 46 Individuals under contract with a school district may 47 receive technical assistance in accordance with this 48 subsection. The department shall consult with the 49 Iowa state education association, the Iowa association 50 of school boards, the school administrators of Iowa, Page 7 1 the professional educators of Iowa, and, as 2 practicable, other entities providing similar 3 programs, in developing the program. At a minimum, 4 the program shall provide administrators with 5 training, including but not limited to, seminars and 6 written materials, relating to the areas of employment 7 policies and procedures, employment documentation, 8 performance evaluations, corrective performance 9 techniques, discipline, termination, and support by 10 qualified individuals for implementation of the 11 program. The program shall not be used to provide 12 consultation or assistance on specific employment 13 situations. Training received by an administrator in 14 accordance with this section shall apply toward an 15 administrator's evaluator approval renewal. 16 Sec. ___. Section 279.19, Code 1997, is amended by 17 adding the following new unnumbered paragraph: 18 NEW UNNUMBERED PARAGRAPH. Notwithstanding any 19 provision to the contrary, the grievance procedures of 20 section 20.18 relating to job performance or job 21 retention shall not apply to a teacher during the 22 first two years of the teacher's probationary period. 23 However, this paragraph shall not apply to a teacher 24 who has successfully completed a probationary period 25 in a school district in Iowa." 26 17. Page 30, by inserting after line 14 the 27 following: 28 "Sec. ___. Section 279.60, subsection 5, if 29 enacted by 1998 Iowa Acts, Senate File 2366, section 30 29, is amended to read as follows: 31 5. The ranked list of nominees shall be submitted 32 to the board of directors of the school district for 33 review and approval. The board of directors shall be 34 responsible for determining the number of awards and 35 the amount of the awards based upon the moneys 36 received by the school district pursuant to section 37 279.61. The board of directors shall also consult 38 with practitioners to plan appropriate recognition 39 events within the school district for presentation of 40 the awards." 41 18. Page 31, by striking line 17 and inserting 42 the following: "1997, is amended by striking the 43 subsection and inserting in lieu thereof the 44 following: 45 9. For the fiscal year beginning July 1, 1998, and 46 for each succeeding fiscal year, the amount of fifty 47 thousand dollars to the department of education for 48 the Iowa mathematics and science coalition from phase 49 III moneys." 50 19. Page 32, by inserting after line 3 the Page 8 1 following: 2 "NEW SUBSECTION. 6A. For each fiscal year of the 3 fiscal period beginning July 1, 1998, and ending June 4 30, 2000, the amount of seventy-five thousand dollars 5 from phase III moneys to the department of education 6 for distribution to the Iowa mathematics and science 7 coalition for purposes of mathematics pilot programs 8 in accordance with section 256.24." 9 20. Page 35, by inserting after line 1 the 10 following: 11 "Sec. 101. Section 256.17A, if enacted by 1998 12 Iowa Acts, Senate File 2366, section 3, is repealed." 13 21. Page 35, by inserting after line 2 the 14 following: 15 "Sec. ___. 1998 Iowa Acts, Senate File 2366, 16 section 40, if enacted, is amended to read as follows: 17 Sec. 40. EMERGENCY RULES. The department may 18 adopt emergency rules as necessary for the 19 administration of chapter 256E and sections256.17A20 256.22, 257.13, and 279.60, if enacted." 21 22. Page 36, by striking lines 33 and 34 and 22 inserting the following: "information services for 23 purposes of the open access program, being deemed of". 24 23. Page 37, by inserting after line 15 the 25 following: 26 "Section 101 of this Act, relating to the repeal of 27 section 256.17A, being deemed of immediate importance, 28 takes effect upon enactment." 29 24. By renumbering as necessary. Richardson of Warren offered the following amendment H-9224, to the Senate amendment H-9210, filed by him from the floor and moved its adoption: H-9224 1 Amend the Senate amendment, H-9210, to House File 2 2533, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 1, lines 32 and 33, by striking the words 5 and figures: "paragraphs 2 and 3, if enacted, are" 6 and inserting the following: "paragraph 3, if 7 enacted, is". 8 2. Page 1, line 34, by striking the word 9 "paragraphs" and inserting the following: 10 "paragraph". Amendment H-9224 lost. Mascher of Johnson offered the following amendment H-9229, to the Senate amendment H-9210, filed by her and Murphy of Dubuque from the floor and moved its adoption: H-9229 1 Amend the Senate amendment, H-9210, to House File 2 2533, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 1, by striking lines 32 through 34 and 5 inserting the following: "section 1, subsection 1, if 6 enacted, is amended by striking the subsection."" 7 2. By striking page 1, line 40, through page 3, 8 line 21. 9 3. Page 8, by inserting after line 12 the 10 following: 11 "Sec. ___. Section 256.22, if enacted by 1998 Iowa 12 Acts, Senate File 2366, section 4, is repealed."" 13 4. Page 8, line 20, by striking the figures 14 "256.22, 257.13," and inserting the following: 15 "257.13". 16 5. By renumbering as necessary. Amendment H-9229 lost. Mascher of Johnson asked and received unanimous consent to withdraw amendment H-9231, to the Senate amendment H-9210, filed by her from the floor. Wise of Lee offered the following amendment H-9223, to the Senate amendment H-9210, filed by him from the floor and moved its adoption: H-9223 1 Amend the Senate amendment, H-9210, to House File 2 2533, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 3, by striking lines 10 through 12 and 5 inserting the following: "conduct financial, program, 6 or compliance audits.The provisions of chapter 207shall not apply to the board of directors of a8frontier school or its employees." Roll call was requested by Wise of Lee and Grundberg of Polk. On the question "Shall amendment H-9223, to the Senate amendment H-9210, be adopted?" (H.F. 2533) The ayes were, 46: Bell Bernau Brand Bukta Burnett Cataldo Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Garman Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 52: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Cormack Dinkla Dix Dolecheck Drake Eddie Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 2: Chapman Sukup Amendment H-9223 lost. Mertz of Kossuth offered amendment H-9232, to the Senate amendment H-9210, filed by her from the floor as follows: H-9232 1 Amend the Senate amendment, H-9210, to House File 2 2533, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 4, by inserting after line 38 the 5 following: 6 "Sec. ___. 1998 Iowa Acts, Senate File 2366, 7 section 21, amending section 257.20, subsection 2, 8 paragraph a, if enacted, is repealed. 9 Sec. ___. Section 257.20, subsection 2, paragraphs 10 a and b, Code 1997, are amended by striking the 11 paragraphs." 12 2. By renumbering as necessary. Grundberg of Polk rose on a point of order that amendment H-9232 was not germane. The Speaker ruled the point well taken and amendment H-9232 not germane. Mertz of Kossuth offered amendment H-9237, to the Senate amendment H-9210, filed by her from the floor as follows: H-9237 1 Amend the Senate amendment, H-9210, to House File 2 2533, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 4, by inserting after line 38 the 5 following: 6 "Sec. ___. 1998 Iowa Acts, Senate File 2366, 7 section 21, amending section 257.20, subsection 2, 8 paragraph a, if enacted, is repealed. 9 Sec. 201. Section 257.20, subsection 2, paragraphs 10 a and b, Code 1997, are amended by striking the 11 paragraphs." 12 2. Page 8, by inserting after line 28 the 13 following: 14 "___. Section 201 of this Act, relating to the 15 striking of section 257.20, subsection 2, paragraphs a 16 and b, takes effect July 1, 1999." 17 3. By renumbering as necessary. Grundberg of Polk rose on a point of order that amendment H-9237 was not germane. The Speaker ruled the point well taken and amendment H-9237 not germane. Mascher of Johnson offered the following amendment H-9238, to the Senate amendment H-9210, filed by her from the floor and moved its adoption: H-9238 1 Amend the Senate amendment, H-9210, to House File 2 2533, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 4, by striking lines 21 through 38. 5 2. By renumbering as necessary. Amendment H-9238 lost. Wise of Lee offered the following amendment H-9222, to the Senate amendment H-9210, filed by him from the floor and moved its adoption: H-9222 1 Amend the Senate amendment, H-9210, to House File 2 2533, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 7, by striking lines 26 through 40. 5 2. By renumbering as necessary. Roll call was requested by Wise of Lee and Foege of Linn. On the question "Shall amendment H-9222, to the Senate amendment H-9210, be adopted?" (H.F. 2533) The ayes were, 46: Arnold Bell Bernau Brand Bukta Burnett Cataldo Chiodo Cohoon Connors Dotzler Drees Falck Fallon Foege Ford Frevert Garman Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 51: Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Dinkla Dix Doderer Dolecheck Drake Eddie Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 3: Chapman Churchill Sukup Amendment H-9222 lost. Grundberg of Polk moved that the House concur in the Senate amendment H-9210. A non-record roll call was requested. The ayes were 43, nays 27. The House concurred in the Senate amendment H-9210. Grundberg of Polk moved that the bill as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2533) The ayes were, 78: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Burnett Carroll Churchill Cormack Dinkla Dix Doderer Dolecheck Drake Drees Eddie Foege Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Kremer Lamberti Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Mundie Murphy Myers Nelson Osterhaus Rants Rayhons Reynolds-Knight Scherrman Siegrist Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Weigel Welter Whitead Witt Mr. Speaker Corbett The nays were, 20: Bukta Cataldo Chiodo Cohoon Connors Dotzler Falck Fallon Ford Koenigs Kreiman Larkin Moreland O'Brien Richardson Schrader Shoultz Taylor Warnstadt Wise Absent or not voting, 2: Chapman Sukup 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 April 16, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 2348, a bill for an act relating to institutions and facilities administered by the department of human services and to similar and related services. Also: That the Senate has on April 16, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2382, a bill for an act relating to the identification of animals and providing penalties. Also: That the Senate has on April 16, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2550, a bill for an act exempting services provided by licensed massage therapists from the state services tax. Also: That the Senate has on April 16, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2038, a bill for an act relating to disqualification from voting or registering to vote for reasons of mental incompetence. MARY PAT GUNDERSON, Secretary BILLS SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on April 16, 1998, he approved and transmitted to the Secretary of State the following bills: House File 681, an act creating an environmental audit privilege and immunity, and an environmental auditor training program, and providing penalties. House File 2335, an act relating to persons holding interests in agricultural land and providing penalties and an effective date. House File 2336, an act relating to the assumption of risk by and liability of forcible felons and persons aiding and abetting in the commission of forcible felonies for damages resulting from the offenders' criminal conduct. House File 2528, an act establishing a graduated driver's license for young drivers, making penalties applicable, creating an interim study committee, and including an applicability provision and an effective date. Senate File 530, an act relating to the establishment of an E911 surcharge, providing for the distribution of the surcharge, and providing a pooling mechanism for the purchase of equipment necessary for an E911 system and providing an effective date. Senate File 2072, an act providing for the appointment of an additional member to the family development and self-sufficiency council. Senate File 2218, an act relating to the issuance of highway travel permits to raw milk transporters whose motor trucks exceed gross weight and axle weight restrictions and establishing a fee. Senate File 2261, an act relating to the criteria for the awarding of grandparent and great-grandparent visitation rights. Senate File 2321, an act relating to the confidentiality of certain records and reports held by the labor commissioner. Senate File 2325, 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 and effective dates. Senate File 2400, an act relating to the powers and duties of county treasurers, removal or sale of a mobile home or manufactured home, and including a retroactive applicability date provision. Senate File 2407, a bill for an act relating to the extension of the reduced excise tax imposed on motor fuel containing ethanol. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Twenty-eight grade school students from New Market, accompanied by Susan Brown and Lisa Kernen. By Boggess of Taylor. Sixty 5th grade students from Mt. Ayr Elementary, Mt. Ayr, accompanied by Betsy Budach. By Dolecheck of Ringgold. Fifth grade students from Arcadia, Westside and Vail, accompanied by Monica Dirkx and Chris Pighetti. By Drees of Carroll and Gries of Crawford. Eleven Business Law students from Oskaloosa High School, Oskaloosa, accompanied by Duane Stowell and Kathy Cox. By Hansen of Pottawattamie and Van Maanen of Marion. Fifty-two 6th grade students from Manson Northwest Webster Middle School, Barnum, accompanied by Diane Scheffler. By Mundie of Webster. COMMITTEE RECOMMENDATION MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendation has been received and is on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON WAYS AND MEANS Senate File 2413, a bill for an act relating to exemptions from and reductions in solid waste tonnage fees for certain persons. Fiscal Note is required. Recommended Amend and Do Pass with amendment H-9233 April 16, 1998. AMENDMENTS FILED H-9209 S.F. 2345 Boddicker of Cedar Fallon of Polk H-9213 H.F. 2545 Senate Amendment H-9214 S.F. 2415 Vande Hoef of Osceola Thomas of Clayton Welter of Jones Weidman of Cass Houser of Pottawattamie Brauns of Muscatine Mertz of Kossuth Mundie of Webster Greig of Emmet H-9215 S.F. 2415 Koenigs of Mitchell Churchill of Polk H-9221 S.F. 2415 Reynolds-Knight of Van Buren H-9225 H.F. 2498 Murphy of Dubuque H-9226 H.F. 2498 Murphy of Dubuque H-9233 S.F. 2413 Committee on Ways and Means H-9235 H.F. 2348 Senate Amendment H-9236 S.F. 2281 Lamberti of Polk H-9240 S.F. 2415 Holveck of Polk Koenigs of Mitchell Churchill of Polk H-9241 S.F. 2415 Koenigs of Mitchell H-9242 S.F. 2415 Weigel of Chickasaw H-9243 S.F. 2415 Dotzler of Black Hawk H-9244 S.F. 2415 Taylor of Linn H-9245 S.F. 2415 Taylor of Linn H-9249 S.F. 2415 Holveck of Polk H-9250 S.F. 2415 Houser of Pottawattamie H-9251 S.F. 2415 Osterhaus of Jackson H-9252 S.F. 2418 Falck of Fayette H-9253 S.F. 2415 Dix of Butler Garman of Story Churchill of Polk Nelson of Marshall H-9254 S.F. 2415 Dix of Butler Kreiman of Davis Garman of Story Brunkhorst of Bremer H-9255 S.F. 2415 Holveck of Polk On motion by Siegrist of Pottawattamie, the House adjourned at 9:00 p.m., until 8:45 a.m., Friday, April 17, 1998.
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