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One Hundred First Calendar Day - Sixty-eighth Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, April 22, 1998 The House met pursuant to adjournment at 8:45 a.m., Rants of Woodbury in the chair. Prayer was offered by the Honorable Bill Bernau, state representative from Story County. The Journal of Tuesday, April 21, 1998 was approved. PRESENTATION TO RETIRING MEMBERS AND LEADERS House Speaker Ron Corbett, Majority Leader Brent Siegrist and Minority Leader David Schrader were invited to the Speaker's station for a special presentation. Rants of Woodbury and Connors of Polk, on behalf of the House, presented plaques to each leader in appreciation of his service and dedicaton to the Iowa House of Representatives during the Seventy-seventh General Assembly. Rants of Woodbury and Connors of Polk invited to the well of the House, for special recognition, members of the House who will be retiring or are candidates for the Iowa Senate. Plaques were presented to the following members: William H. Bernau, District 62 1991 - 1998 Steven W. Churchill, District 76 1993 - 1998 Dwight L. Dinkla, District 78 1993 - 1998 Donald L. Gries, District 12 1993 - 1998 Deo A. Koenigs, District 29 1983 - 1998 Joseph M. Kremer, District 27 1985 - 1992, 1995 - 1998 Jeffrey M. Lamberti, District 65 1995 - 1998 James A. Meyer, District 11 1993 - 1998 Michael J. Moreland, District 93 1993 - 1998 Harold G. Van Maanen, District 95 1979 - 1998 Richard P. Vande Hoef, District 6 1993 - 1998 Kenneth J. Veenstra, District 5 1995 - 1998 The House rose and expressed its appreciation. RULES SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent to suspend the rules for the immediate consideration of Senate File 2068. CONSIDERATION OF BILLS Unfinished Business Calendar Senate File 2068, a bill for an act concerning the method by which cities pay the medical costs incurred by members of the police and fire departments of cities who are injured while on duty, with report of committee recommending amendment and passage, was taken up for consideration. Vande Hoef of Osceola offered the following amendment H-8539 filed by the committee on local government and moved its adoption: H-8539 1 Amend Senate File 2068, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Sec. ___. NEW SECTION. 364.25 RETIREE HEALTH 6 CARE. 7 A city may provide health or medical insurance 8 coverage or supplemental coverage to retired employees 9 of the city. A city providing health or medical 10 insurance coverage pursuant to this section may 11 establish such requirements or restrictions concerning 12 the coverage provided as the city may adopt. If 13 coverage is provided, the cost of the health or 14 medical insurance coverage shall be paid from moneys 15 held in a trust and agency fund established pursuant 16 to section 384.6, or out of an appropriation from the 17 city general fund for this purpose." 18 2. Page 1, line 21, by striking the word 19 "section" and inserting the following: "sections 20 364.25 and". 21 3. Title page, line 1, by inserting after the 22 word "pay" the following: "health and medical 23 insurance coverage to retired employees and". 24 4. By renumbering as necessary. The committee amendment H-8539 was adopted. Vande Hoef of Osceola 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. 2068) The ayes were, 90: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dix Dolecheck Dotzler Drake Eddie Falck Fallon Foege Frevert Garman Gipp Greig Greiner Gries Hansen Heaton Holmes Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Rants, Presiding The nays were, 1: Grundberg Absent or not voting, 9: Cataldo Chapman Dinkla Doderer Drees Ford Hahn Holveck Taylor The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. The House stood at ease at 9:02 a.m., until the fall of the gavel. The House resumed session at 9:32 a.m., Rants of Woodbury in the chair. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 21, 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 2269, a bill for an act relating to permissible physical contact between school employees and students. Also: That the Senate has on April 21, 1998, amended the House amendment, cncurred in the House amendment as amended, and passed the following bill in which the concurrence of the House is asked: Senate File 2332, a bill for an act relating to agriculture, regulating the sale of agricultural products advertised as organic, providing for fees and appropriations, and providing penalties and an effective date. Also: That the Senate has on April 21, 1998, amended the House amendment, concurred in the House amendment as amended, and passed the following bill in which the concurrence of the House is asked: Senate File 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 Senate File 2225, a bill for an act concerning judicial administration and providing an effective date, with report of committee recommending passage, was taken up for consideration. Lamberti of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2225) The ayes were, 92: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Bukta Burnett Carroll Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Gries Grundberg Hansen Heaton 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 O'Brien Osterhaus Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Rants, Presiding The nays were, none. Absent or not voting, 8: Brunkhorst Cataldo Dinkla Greig Hahn Holmes Larson Nelson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 2068 and 2225. Speaker Corbett in the chair at 9:40 a.m. CONSIDERATION OF SENATE JOINT RESOLUTION 2004 The House resumed consideration of Senate Joint Resolution 2004, a joint resolution proposing amendments to the Constitution of the State of Iowa relating to the state budget by limiting state general fund expenditures and restricting certain state tax revenue changes, previously deferred. Osterhaus of Jackson offered the following amendment H-9046 filed by him and moved its adoption: H-9046 1 Amend Senate Joint Resolution 2004, as passed by 2 the Senate, as follows: 3 1. Page 4, by striking lines 7 through 9. Amendment H-9046 lost. Wise of Lee asked and received unanimous consent to withdraw amendment H-9094 filed by him on April 9, 1998. Jochum of Dubuque asked and received unanimous consent to withdraw amendment H-8953 filed by her on April 6, 1998. Richardson of Warren asked and received unanimous consent to withdraw amendment H-9069 filed by him on April 9, 1998. Jochum of Dubuque asked and received unanimous consent to withdraw amendments H-9074 and 9077 filed by her on April 9, 1998. Bernau of Story asked and received unanimous consent to withdraw amendment H-9075 filed by him on April 9, 1998. Jochum of Dubuque offered amendment H-9113 filed by her as follows: H-9113 1 Amend Senate Joint Resolution 2004, as passed by 2 the Senate, as follows: 3 1. Page 4, by inserting before line 12 the 4 following: 5 "The Constitution of the State of Iowa is amended 6 by adding the following new sections to new Article 7 XIII: 8 ARTICLE XIII. 9 POLITICAL CAMPAIGN EXPENDITURE AND 10 CONTRIBUTION LIMITATIONS. 11 GENERAL ASSEMBLY CANDIDATES' POLITICAL CAMPAIGN 12 EXPENDITURES LIMITED. Section 1. 13 1. For the purposes of this section: 14 a. "Election campaign cycle" means the period of 15 time following the day of one general election through 16 the day of the next general election. 17 b. "Election district" means the geographic area 18 to be represented by a candidate who wins an election. 19 2. The aggregate amount of expenditures, including 20 independent expenditures advocating the election of 21 the candidate or the defeat of the candidate's 22 opponent, as the General Assembly may by law provide, 23 for an election campaign cycle for a candidate for the 24 General Assembly shall not exceed one dollar 25 multiplied by the population of persons residing 26 within the election district where the candidate is on 27 the ballot or is running as a write-in candidate. 28 3. The aggregate amount of expenditures allowed 29 under subsection 2 shall be adjusted for each election 30 campaign cycle by a percentage equal to the percentage 31 increase in the consumer price index for all urban 32 consumers, United States city average, for the 33 immediately preceding year, as published by the 34 federal department of labor, bureau of labor 35 statistics. If such publication ceases to be 36 published, a comparable factor shall be used to make 37 the adjustment required by this section. 38 POLITICAL CONTRIBUTION LIMITATIONS. Sec. 2. 39 1. For the purposes of this section, "election 40 campaign cycle" shall mean the period of time 41 following the day of one general election through the 42 day of the next general election. 43 2. Contributions to a political candidate for the 44 General Assembly, or to the candidate's committee, 45 including independent expenditures attributed to a 46 candidate as the General Assembly may by law define, 47 shall not exceed the following amounts: 48 a. Two hundred dollars from any individual, during 49 an election campaign cycle. 50 b. Two thousand dollars from any political Page 2 1 committee, during an election campaign cycle. 2 3. In addition, contributions to a candidate 3 during an election campaign cycle pursuant to 4 subsection 2, paragraph "b", in the aggregate may not 5 exceed thirty-five percent of the candidate's maximum 6 expenditure limitation, as determined in section 1." 7 2. Title page, line 4, by inserting after the 8 word "changes" the following: ", and relating to 9 political campaigns by setting reasonable limitations 10 on certain campaign contributions and expenditures". 11 3. By renumbering as necessary. Larson of Linn rose on a point of order that amendment H-9113 was not germane. The Speaker ruled the point well taken and amendment H-9113 not germane. Bernau of Story offered amendment H-9114 filed by him as follows: H-9114 1 Amend Senate Joint Resolution 2004, as passed by 2 the Senate, as follows: 3 1. Page 4, by inserting after line 11 the 4 following: 5 "Sec. 3. The following amendment to the 6 Constitution of the State of Iowa is proposed: 7 The Constitution of the State of Iowa is amended by 8 adding the following new section to new Article XIII: 9 PROHIBITION ON STATE MANDATES. Section 1. If a 10 state mandate is enacted by the General Assembly, or 11 otherwise imposed on a political subdivision and the 12 state mandate requires a political subdivision to 13 engage in any new activity, to provide any new 14 service, or to provide any service beyond that 15 required by any law, and the state does not 16 appropriate moneys to fully fund the cost of the state 17 mandate, the political subdivision is not required to 18 perform the activity or provide the service and the 19 political subdivision shall not be subject to the 20 imposition of any fines or penalties for the failure 21 to comply with the state mandate. For the purposes of 22 this section, any requirement originating from the 23 federal government and administered, implemented, or 24 enacted by the state, and any allocation of federal 25 moneys conditioned upon enactment of a state law or 26 rule, are not state mandates. 27 The prohibition in this section does not apply if 28 the bill containing the state mandate passes by the 29 affirmative votes of at least three-fifths of the 30 whole membership of each house of the General 31 Assembly." 32 2. By renumbering as necessary. Larson of Linn rose on a point of order that amendment H-9114 was not germane. The Speaker ruled the point well taken and amendment H-9114 not germane. Bernau of Story asked for unanimous consent to suspend the rules to consider amendment H-9114. Objection was raised. Bernau of Story moved to suspend the rules to consider amendment H-9114. Roll call was requested by Bernau of Story and Brand of Tama. Rule 75 was invoked. On the question "Shall the rules be suspended to consider amendment H-9114?" (S.J.R. 2004) The ayes were, 44: Bell Bernau Brand Bukta Burnett Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Garman Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Moreland 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 Carroll Churchill Cormack Dix Dolecheck Drake Eddie Gipp Greig Greiner Gries Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Mertz Metcalf Meyer Millage Mundie Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 4: Brunkhorst Cataldo Dinkla Grundberg The motion to suspend the rules lost. Warnstadt of Woodbury asked and received unanimous consent to withdraw amendment H-9105 (previously deferred) filed by him on April 9, 1998, placing amendment H-9195, to amendment H-9105, filed by Schrader of Marion on April 15, 1998 out of order. Warnstadt of Woodbury asked and received unanimous consent to withdraw amendments H-9115 and H-9116 (both previously deferred) filed by him on April 9, 1998. The following amendments (all previously deferred) were withdrawn by unanimous consent: H-9061 filed by Frevert of Palo Alto on April 9, 1998 H-9063 filed by Myers of Johnson on April 9, 1998 H-9083 filed by Shoultz of Black Hawk on April 9, 1998 H-9086 filed by Frevert of Palo Alto on April 9, 1998 H-9088 filed by Weigel of Chickasaw on April 9, 1998 H-9093 filed by Bernau of Story on April 9, 1998 H-9098 filed by Jochum of Dubuque on April 9, 1998 H-9099 filed by Weigel of Chickasaw on April 9, 1998 H-9103 filed by Bernau of Story on April 9, 1998 H-9104 filed by Weigel of Chickasaw on April 9, 1998 Van Fossen of Scott in the chair at 11:20 a.m. Lamberti of Polk in the chair at 11:45 a.m. Rants of Woodbury in the chair at 12:00 p.m. Speaker Corbett in the chair at 12:50 p.m. Larson of Linn moved that the joint resolution be read a last time now and placed upon its adoption which motion prevailed and the joint resolution was read a last time. Senate Joint Resolution 2004, a joint resolution proposing amenments to the Constitution of the State of Iowa relating to the state budget by limiting state general fund expenditures and restricting certain state tax revenue changes. Be It Resolved By The General Assembly Of The State Of Iowa: Section 1. The following amendment to the Constitution of the State of Iowa is proposed: The Constitution of the State of Iowa is amended by adding the following new section to new Article XIII: ARTICLE XIII. EXPENDITURE LIMITATION. GENERAL FUND EXPENDITURE LIMITATION. Section 1. 1. For the purposes of this section: a. "Adjusted revenue estimate" means the most recent revenue estimate determined before January 1, or a later and lesser revenue estimate determined before adjournment of the regular session of the General Assembly, for the general fund for the following fiscal year as determined by a revenue estimating conference which shall be established by the General Assembly by law, adjusted by subtracting estimated refunds payable from that estimated revenue and adding any available surplus in accordance with subsection 5. b. "General fund" means the principal operating fund of the state which shall be established by the General Assembly by law. c. "New revenues" means moneys which are received by the state due to increased tax rates or fees or newly created taxes or fees over and above those moneys which are received due to state taxes or fees which are in effect as of January 1 following the most recent state revenue estimating conference. "New revenues" also includes moneys received by the general fund due to new transfers over and above those moneys received by the general fund due to transfers which are in effect as of January 1 following the most recent state revenue estimating conference. The state revenue estimating conference shall determine the eligibility of transfers to the general fund which are to be considered as new revenue in determining the state general fund expenditure limitation. 2. A state general fund expenditure limitation is created and calculated in subsection 3, for each fiscal year beginning on or after July 1 following the effective date of this section. 3. Except as otherwise provided in this section, the state general fund expenditure limitation for a fiscal year shall be ninety-nine percent of the adjusted revenue estimate. 4. The state general fund expenditure limitation shall be used by the Governor in the preparation of the budget and by the General Assembly in the budget process. If a new revenue source is proposed, the budget revenue projection used for that new revenue source for the period beginning on the effective date of the new revenue source and ending in the fiscal year in which the source is included in the adjusted revenue estimate shall be ninety-five percent of the amount remaining after subtracting estimated refunds payable from the projected revenue from that source. If a new revenue source is established and implemented, the original state general fund expenditure limitation amount provided for in subsection 3 shall be readjusted to include ninety-five percent of the estimated revenue from that source. 5. Any surplus existing at the end of a fiscal year which exceeds ten percent of the adjusted revenue estimate of that fiscal year shall be included in the adjusted revenue estimate for the following fiscal year. Any surplus equal to ten percent or less of the adjusted revenue estimate of the fiscal year may be included in the adjusted revenue estimate for the following fiscal year if approved in a bill receiving the affirmative votes of at least three-fifths of the whole membership of each house of the General Assembly. For purposes of this section, "surplus" means the cumulative excess of revenues and other financing sources over expenditures and other financing uses for the general fund at the end of a fiscal year. 6. The scope of the expenditure limitation under subsection 3 shall not include federal funds, donations, constitutionally dedicated moneys, and moneys in expenditures from a state retirement system. 7. The Governor shall submit and the General Assembly shall pass a budget which does not exceed the state general fund expenditure limitation. 8. The Governor shall not submit and the General Assembly shall not pass a budget which in order to balance assumes reversion of any part of the total of the appropriations included in the budget. 9. The state shall use consistent standards, in accordance with generally accepted accounting principles, for all state budgeting and accounting purposes. 10. The General Assembly shall enact laws to implement this section. Sec. 2. The following amendment to the Constitution of the State of Iowa is proposed: The Constitution of the State of Iowa is amended by adding the following new sections to new Article XIII: ARTICLE XIII. THREE-FIFTHS MAJORITY FOR TAX LAW CHANGES. THREE-FIFTHS MAJORITY TO INCREASE TAXES. Section 1. A bill containing provisions enacting, amending, or repealing the state income tax or enacting, amending, or repealing the state sales and use taxes, in which the aggregate fiscal impact of those provisions relating to those taxes results in a net increase in state tax revenues, as determined by the General Assembly, shall require the affirmative votes of at least three-fifths of the whole membership of each house of the General Assembly for passage. This section does not apply to income tax or sales and use taxes imposed at the option of a local government. THREE-FIFTHS MAJORITY TO ENACT NEW STATE TAX. Sec. 2. A bill that establishes a new state tax to be imposed by the state shall require the affirmative votes of at least three-fifths of the whole membership of each house of the General Assembly for passage. ENFORCEMENT OF THREE-FIFTHS MAJORITY REQUIREMENT. Sec. 3. A lawsuit challenging the proper enactment of a bill pursuant to section 1 or 2 shall be filed no later than one year following the enactment. Failure to file such a lawsuit within the one-year time limit shall negate the three-fifths majority requirement as it applies to the bill. Each bill to which section 1 or 2 applies shall include a separate provision describing the requirements for enactment prescribed by section 1 or 2. IMPLEMENTATION. Sec. 4. The General Assembly shall enact laws to implement sections 1 through 3. Sec. 3. The foregoing proposed amendments to the Constitution of the State of Iowa are referred to the General Assembly to be chosen at the next general election for members of the General Assembly and the Secretary of State is directed to cause them to be published for three consecutive months previous to the date of that election as provided by law. On the question "Shall the joint resolution be adopted and agreed to?" (S.J.R. 2004) The yeas were, 55: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Cormack Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Mertz Metcalf Meyer Millage Mundie Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett The nays were, 44: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Moreland Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt Absent or not voting, 1: Dinkla The joint resolution having received a constitutional majority was declared to have been adopted and agreed to by the House. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate Joint Resolution 2004 be immediately messaged to the Senate. SENATE AMENDMENT CONSIDERED Jacobs of Polk called up for consideration 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, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-9329: H-9329 1 Amend the House amendment, S-5771, to Senate File 2 2418, as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. Page 1, line 30, by inserting after the word 5 "appropriate." the following: "The study authorized 6 in this section shall also include, but not be limited 7 to, a determination as to the appropriate number of 8 Iowa communications network classrooms which should be 9 established per capita." 10 2. Page 1, by inserting after line 30 the 11 following: 12 " . Page 5, by inserting after line 4 the 13 following: 14 "Sec. ___. DIVISION OF INFORMATION TECHNOLOGY 15 SERVICES HEAD - SENATE CONFIRMATION. Notwithstanding 16 any contrary provision, the individual appointed by 17 the director of the department of general services as 18 the head of the division of information technology 19 services in the department shall be subject to senate 20 confirmation."" 21 3. Page 1, by striking line 37 and inserting the 22 following: 23 $ 150,000 24 ___. To the state board of regents for technology 25 improvement: 26 $ 450,000"" 27 4. Page 2, by striking line 4 and inserting the 28 following: 29 " . Page 10, by striking lines 23 through 27 30 and inserting the following: "2000 program office, or 31 any other state agency. The person retained to 32 conduct the progress audit shall provide a written 33 report to the legislative council on or before 34 November 1, 1998, including the results of the audit 35 and any information as deemed". 36 . Page 10, line 33, by striking the word 37 "July" and inserting the following: "February". 38 . By striking page 11, line 1, through page 39 12,". 40 5. Page 2, by striking lines 22 through 39 and 41 inserting the following: 42 "e. (1) Seven individuals to be appointed as 43 follows: 44 (a) Three members appointed by the governor. 45 (b) Two members appointed by the majority leader 46 of the senate in consultation with the minority leader 47 of the senate. 48 (c) Two members appointed by the speaker of the 49 house of representatives in consultation with the 50 majority and minority leaders of the house of Page 2 1 representatives. 2 (2) Members appointed pursuant to subparagraph (1) 3 shall include the following: 4 (a) One member representing financial institutions 5 who shall be actively engaged in finance and banking. 6 (b) One person representing insurers who shall be 7 actively engaged in the insurance industry. 8 (c) One person representing attorneys who shall be 9 actively engaged in the profession of law. 10 (d) One person representing media interests. 11 (e) One person representing cities who shall be 12 actively engaged in the administration of a city. 13 (f) One person representing counties who shall be 14 actively engaged in the administration of a county. 15 (g) One person with technical expertise who shall 16 provide guidance and advice on the status of 17 technology and anticipated technological developments. 18 (3) A person appointed pursuant to this paragraph 19 shall not directly or indirectly have a conflict of 20 interest." 21 6. Page 6, by striking line 45 and inserting the 22 following: 23 "Sec. ___. FUNDING FOR IOWACCESS." 24 7. Page 6, by striking lines 48 and 49 and 25 inserting the following: "not to exceed four hundred 26 thousand dollars, up to one dollar of each". 27 8. Page 7, line 6, by inserting after the figure 28 "VII." the following: "For fiscal years beginning on 29 or after July 1, 1999, funding for the purposes of 30 developing, implementing, maintaining, and expanding 31 electronic access to government records in accordance 32 with the requirements as set forth in chapter 18, 33 division VII, shall be provided through the general 34 assembly's appropriation process and the department of 35 general services shall include a line item request for 36 such funding in the department's annual budget 37 request." 38 9. By striking page 7, line 21, through page 8, 39 line 7, and inserting the following: 40 " . Page 15, by inserting after line 25 the 41 following: 42 "Notwithstanding any contrary provision, the 43 commission shall not permit any new connections to the 44 network after June 30, 1999, except for a connection 45 where the construction associated with such connection 46 has commenced on or before June 30, 1999."" 47 10. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-9329. Jacobs of Polk moved that the bill, as amended by the House, further amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2418) The ayes were, 79: Arnold Barry Bernau Blodgett Boggess Bradley Brand Brauns Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dix Dolecheck Dotzler Drake Eddie Falck Foege Ford Gipp Greig Greiner Gries Hahn Hansen Heaton Holmes Holveck Houser Huseman Jacobs Jenkins Kinzer Klemme Koenigs Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Mundie Myers Nelson Rants Rayhons Reynolds-Knight Richardson Schrader Shoultz Siegrist Sukup Teig Thomas Thomson Tyrrell Van Maanen Vande Hoef Veenstra Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 20: Bell Boddicker Brunkhorst Doderer Drees Fallon Frevert Garman Grundberg Huser Jochum Kreiman Moreland Murphy O'Brien Osterhaus Scherrman Taylor Van Fossen Warnstadt Absent or not voting, 1: Dinkla 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 2418 be immediately messaged to the Senate. On motion by Siegrist of Pottawattamie, the House was recessed at 1:12 p.m., until 2:00 p.m. AFTERNOON SESSION The House reconvened at 2:05 p.m., Speaker pro tempore Van Maanen of Marion in the chair. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 20, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2415, a bill for an act relating to agricultural finance, providing an appropriation, and providing an effective date. MARY PAT GUNDERSON, Secretary SENATE AMENDMENT CONSIDERED Meyer of Sac called up for consideration Senate File 2332, a bill for an act relating to agriculture, regulating the sale of agricultural products advertised as organic, providing for fees and appropriations, and providing penalties and an effective date, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-9328: H-9328 1 Amend the House amendment, S-5637, to Senate File 2 2332, as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. Page 1, line 44, by striking the word "three" 5 and inserting the following: "two". 6 2. Page 1, line 47, by striking the word "two" 7 and inserting the following: "three". The motion prevailed and the House concurred in the Senate amendment H-9328. Meyer of Sac moved that the bill, as amended by the House, further amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2332) The ayes were, 97: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, 1: Dix Absent or not voting, 2: Dinkla Houser The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that Senate File 2332 be immediately messaged to the Senate. Speaker Corbett in the chair at 2:23 p.m. ADOPTION OF SENATE CONCURRENT RESOLUTION 119 Lamberti of Polk asked and received unanimous consent for the immediate consideration of Senate Concurrent Resolution 119, a concurrent resolution requesting the Legislative Council to establish a sentencing commission, and moved its adoption. The motion prevailed and the resolution was adopted. ADOPTION OF HOUSE RESOLUTION 108 Mascher of Johnson asked and received unanimous consent for the immediate consideration of House Resolution 108, a resolution recognizing the centennial anniversary of the University of Iowa Hospitals and Clinics, and honoring the women and men affiliated with the University of Iowa Hospitals and Clinics, and moved its adoption. The motion prevailed and the resolution was adopted. SENATE AMENDMENT CONSIDERED Lamberti of Polk called up for consideration House File 2163, a bill for an act relating to the reopening of an administrative hearing pertaining to a license revocation for an operating while intoxicated offense, prohibiting a demand for proof of financial responsibility following the recision of an administrative revocation, and providing an effective date, amended by the Senate amendment H-9271 as follows: H-9271 1 Amend House File 2163, as passed by the House, as 2 follows: 3 1. Page 1, by striking lines 16 through 29 and 4 inserting the following: 5 "b. A person whose motor vehicle license or 6 operating privilege has been revoked under section 7 321J.12 after an administrative hearing under this 8 section, and who was subsequently acquitted of 9 operating while intoxicated in the criminal 10 proceedings arising from the same incident which led 11 to the revocation or had such criminal charges 12 dismissed, may petition the department within twenty 13 days of such acquittal or dismissal to reopen the 14 administrative hearing for the purpose of offering new 15 evidence that the person was not operating with an 16 alcohol concentration as defined in section 321J.1 of 17 .10 or more. 18 c. At a reopened hearing, all parties shall have 19 the opportunity to be present in person or via 20 telephonic transmission, and to present any evidence 21 and argument relevant to the question of whether the 22 person was operating with an alcohol concentration as 23 defined in section 321J.1 of .10 or more provided that 24 such evidence was not excluded in the criminal 25 proceeding. 26 d. If the person proves any of the following, the 27 revocation shall be rescinded: 28 (1) The chemical test that led to the revocation 29 was invalid. 30 (2) Based on evidence of errors of law, mistakes 31 of fact, or illegal or improper conduct occurring in 32 relation to the stop or the arrest, the results of the 33 chemical test that led to the revocation cannot be 34 reasonably relied upon. 35 e. Costs shall not be taxed to a prevailing party 36 at a reopened hearing." 37 2. By renumbering as necessary. Lamberti of Polk offered the following amendment H-9330, to the Senate amendment H-9271, filed by him from the floor and moved its adoption: H-9330 1 Amend the amendment, H-9271, to House File 2163, as 2 amended, passed, and reprinted by the House, as 3 follows: 4 1. Page 1, lines 12 through 13, by striking the 5 words "within twenty days of such acquittal or 6 dismissal". Amendment H-9330 was adopted. On motion by Lamberti of Polk, the House concurred in the Senate amendment H-9271, as amended. Lamberti of Polk moved that the bill as amended by the Senate, further amended and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2163) The ayes were, 99: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 1: Dinkla The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Gipp of Winneshiek asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Concurrent Resolution 119 and House File 2163. UNANIMOUS CONSENT Gipp of Winneshiek asked and received unanimous consent for the immediate consideration of Senate File 2385. Unfinished Business Calendar Senate File 2385, a bill for an act relating to the mandatory minimum term of incarceration for felony domestic abuse assault, with report of committee recommending passage, was taken up for consideration. Grundberg of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2385) The ayes were, 97: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack 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 Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 1: Fallon Absent or not voting, 2: Brunkhorst Dinkla The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that Senate File 2385 be immediately messaged to the Senate. HOUSE JOINT RESOLUTION 2005 WITHDRAWN Rants of Woodbury asked and received unanimous consent to withdraw House Joint Resolution 2005 from further consideration by the House. 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 22, 1998, adopted the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 121, a concurrent resolution recognizing Natinoal Organ and Tissue Donation Awareness Week, designating the month of May as Organ Donation Awareness Month in the state of Iowa, and encouraging citizens of the state to complete organ donor cards. Also: That the Senate has on April 22, 1998, amended the House amendment, concurred in the House amendment as amended, and passed the following bill in which the concurrence of the House is asked: Senate File 2320, a bill for an act relating to gambling by imposing a moratorium on new licenses to conduct gambling on excursion gambling boats and at pari-mutuel racetracks with gambling games, limiting the location of future excursion gambling boats, prohibiting gambling licensees from allowing the loaning of money by credit card or other electronic means for gambling purposes, and imposing a scheduled fine for gambling by persons under twenty-one years of age. Also: That the Senate has on April 22, 1998, amended the House amendment, concurred in the House amendment as amended, and passed the following bill in which the concurrence of the House is asked: Senate File 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. MARY PAT GUNDERSON, Secretary The House stood at ease at 3:32 p.m., until the fall of the gavel. The House resumed session at 4:35 p.m., Speaker Corbett in the chair. ADOPTION OF HOUSE CONCURRENT RESOLUTION 116 Larson of Linn asked and received unanimous consent for the immediate consideration of House Concurrent Resolution 116, a concurrent resolution recognizing and commending the efforts of organizers of the Iowa Summit on Volunteerism, and moved its adoption. The motion prevailed and the resolution was adopted. RULES SUSPENDED Gipp of Winneshiek asked and received unanimous consent to suspend the rules for the immediate consideration of Senate Concurrent Resolution 121. ADOPTION OF SENATE CONCURRENT RESOLUTION 121 Eddie of Buena Vista called up for consideration Senate Concurrent Resolution 121, a concurrent resolution recognizing National Organ and Tissue Donation Awareness Week, designating the month of May as Organ Donation Awareness Month in the state of Iowa, and encouraging citizens of the state to complete organ donor cards, and moved its adoption. The motion prevailed and the resolution was adopted. IMMEDIATE MESSAGES Gipp of Winneshiek asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Concurrent Resolution 116 and Senate Concurrent Resolution 121. ADOPTION OF HOUSE CONCURRENT RESOLUTION 118 Churchill of Polk asked and received unanimous consent for the immediate consideration of House Concurrent Resolution 118, a concurrent resolution requesting that the federal government take all necessary and appropriate action to ensure that Japan establishes and maintains an open and competitive market for United States exports, and moved its adoption. The motion prevailed and the resolution was adopted. SENATE AMENDMENT CONSIDERED Speaker pro tempore Van Maanen of Marion called up for consideration Senate File 2320, a bill for an act relating to gambling by imposing a moratorium on new licenses to conduct gambling on excursion gambling boats and at pari-mutuel racetracks with gambling games, limiting the location of future excursion gambling boats, prohibiting gambling licensees from allowing the loaning of money by credit card or other electronic means for gambling purposes, and imposing a scheduled fine for gambling by persons under twenty-one years of age, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-9332: H-9332 1 Amend the House amendment, S-5359, to Senate File 2 2320, as passed by the Senate, as follows: 3 1. By striking page 1, line 1, through page 2, 4 line 34, and inserting the following: 5 "Amend Senate File 2320, as passed by the Senate, 6 as follows: 7 . By striking everything after the enacting 8 clause and inserting the following: 9 "Section 1. Section 99D.11, subsection 7, Code 10 1997, is amended to read as follows: 11 7. A person under the age of twenty-one years 12 shall not make or attempt to make a pari-mutuel wager. 13 A person who violates this subsection commits a 14 scheduled violation under section 805.8, subsection 15 13. 16 Sec. ___. Section 99E.18, Code 1997, is amended by 17 adding the following new subsection: 18 NEW SUBSECTION. 5. A person under the age of 19 twenty-one years shall not purchase or attempt to 20 purchase a ticket or share. A person who violates 21 this subsection commits a scheduled violation under 22 section 805.8, subsection 13. 23 Sec. ___. Section 99F.4A, subsection 2, Code l997, 24 is amended to read as follows: 25 2. A license to operate gambling games shall be 26 issued only to a licensee holding a valid license to 27 conduct pari-mutuel dog or horse racing pursuant to 28 chapter 99D on January 1, 1994. However, a license to 29 operate gambling games issued pursuant to this 30 subsection may be transferred to another person after 31 a majority of the voters voting on the transfer 32 proposal approves it. Only the registered voters of 33 the county in which the racetrack enclosure is located 34 are eligible to vote on the proposal. The transfer 35 proposal shall be submitted by the board of 36 supervisors at a general election or a special 37 election called for that purpose. If the proposal is 38 approved, the transfer of a license is subject to 39 application to, and approval by, the commission. 40 However, the commission shall not give its approval 41 unless the new licensee meets the requirements of 42 sections 99D.8 through 99D.10. In addition, if there 43 is in existence at the time of license transfer a 44 contract for purses and supplements for horse racing, 45 the contract shall remain in effect until its 46 termination, and thereafter, purses and supplements 47 shall be no lower than fifteen percent of the annual 48 adjusted gross receipts. A transferee shall not be 49 required to honor any material changes made to such 50 contract within one year before the transfer. Page 2 1 Sec. ___. Section 99F.4A, Code 1997, is amended by 2 adding the following new subsection: 3 NEW SUBSECTION. 8. A civil penalty imposed by the 4 commission on a licensee relating to a violation of 5 legal age for gambling or pari-mutuel wagering at an 6 excursion gambling boat or a pari-mutuel racetrack 7 shall not exceed one thousand dollars per incident if 8 the violator is removed by the licensee. 9 Sec. ___. Section 99F.4A, Code 1997, is amended by 10 adding the following new subsection: 11 NEW SUBSECTION. 9. If a license issued pursuant 12 to this chapter or chapter 99D is transferred, an 13 existing collective bargaining agreement or the impact 14 of an employee representation election shall transfer 15 to the new licensee. 16 Sec. 201. NEW SECTION. 99F.5A MORATORIUM FOR 17 ISSUANCE OF LICENSES FOR EXCURSION GAMBLING BOATS AND 18 ON THE NUMBER OF GAMBLING GAMES. 19 1. The total number of licenses issued to conduct 20 gambling games on excursion gambling boats pursuant to 21 this chapter shall not exceed ten until July 1, 2003. 22 2. Notwithstanding subsection 1, the following 23 actions may be taken during the moratorium from July 24 1, 1998, until July 1, 2003, with the approval of the 25 commission: 26 a. A licensed excursion gambling boat may move to 27 a new location within the same county. 28 b. A licensed excursion gambling boat and its 29 facilities may be sold and a new license may be issued 30 for operation in the same county. 31 c. If a license to conduct gambling games on an 32 excursion gambling boat is surrendered, not renewed, 33 or revoked, a new license may be issued for operation 34 in the same county. 35 3. During the moratorium from six months after the 36 effective date of this section of this Act, until 37 January 1, 2001, the commission shall not authorize 38 any of the following: 39 a. An increase in the number of gambling games or 40 the number of slot machines on an excursion gambling 41 boat. 42 b. An increase in the number of slot machines at a 43 pari-mutuel racetrack. 44 4. The commission shall not authorize a licensee 45 to conduct pari-mutuel wagering at a licensed premises 46 in more than one county. 47 Sec. ___. NEW SECTION. 99F.5B CHARITABLE 48 CONTRIBUTIONS. 49 A gambling game license holder may distribute 50 profits to a governmental body and the distribution Page 3 1 shall be considered a charitable contribution. The 2 duty to make charitable contributions may be the 3 subject of a contract between a governmental body and 4 a gambling game license holder. The moneys received 5 by a county as charitable contributions shall be 6 distributed only after receiving advice from citizens 7 of the county obtained at public hearings held in the 8 county. 9 Sec. ___. Section 99F.7, subsection 1, Code 1997, 10 is amended to read as follows: 11 1. If the commission is satisfied that this 12 chapter and its rules adopted under this chapter 13 applicable to licensees have been or will be complied 14 with, the commission shall issue a license for a 15 period of not more than three years to an applicant to 16 own a gambling game operation and to an applicant to 17 operate an excursion gambling boat. The commission 18 shall decide which of the gambling games authorized 19 under this chapter it will permit. The commission 20 shall decide the number, location, and type of 21 excursion gambling boats licensed under this chapter 22 for operation on the rivers, lakes, and reservoirs of 23 this state. However, after July 1, 2003, the 24 commission shall issue a new license for an excursion 25 gambling boat operation only if the excursion gambling 26 boat operates on the Mississippi or Missouri river. 27 The license shall set forth the name of the licensee, 28 the type of license granted, the place where the 29 excursion gambling boats will operate and dock, and 30 the time and number of days during the excursion 31 season and the off season when gambling may be 32 conducted by the licensee. The commission shall not 33 allow a licensee to conduct gambling games on an 34 excursion gambling boat while docked during the off 35 season if the licensee does not operate gambling 36 excursions for a minimum number of days during the 37 excursion season. The commission may delay the 38 commencement of the excursion season at the request of 39 a licensee. 40 Sec. ___. Section 99F.9, subsection 5, Code 1997, 41 is amended to read as follows: 42 5. A person under the age of twenty-one years 43 shall not attempt to make or make a wager on an 44 excursion gambling boat or in a racetrack enclosure 45 and shall notbe allowed inenter the area of the 46 excursion gambling boat or racetrack enclosure where 47 gambling is being conducted. However, a person 48 eighteen years of age or older may be employed to work 49in a gambling areaon an excursion gambling boat or a 50 racetrack enclosure. A person who violates this Page 4 1 subsection with respect to a wager commits a scheduled 2 violation under section 805.8, subsection 13. 3 Sec. ___. Section 99F.9, Code 1997, is amended by 4 adding the following new subsection: 5 NEW SUBSECTION. 7. A licensee shall not permit 6 the operation of a satellite terminal as defined in 7 section 527.2 to dispense cash or credit for gambling 8 purposes on an excursion gambling boat or within a 9 racetrack enclosure except in nongaming areas as 10 designated by the commission. The commission may 11 assess a civil penalty for a violation of this 12 subsection. 13 Sec. ___. Section 805.8, Code Supplement 1997, is 14 amended by adding the following new subsection: 15 NEW SUBSECTION. 13. GAMBLING VIOLATIONS. For 16 violations of legal age for gambling or pari-mutuel 17 wagering under section 99D.11, subsection 7, section 18 99E.18, subsection 5, or section 99F.9, subsection 5, 19 the scheduled fine is one hundred dollars. Failure to 20 pay the fine by a person under the age of eighteen 21 shall not result in the person being detained in a 22 secure facility. 23 Sec. ___. EFFECTIVE DATE. Section 201 of this 24 Act, being deemed of immediate importance, takes 25 effect upon enactment."" The motion prevailed and the House concurred in the Senate amendment H-9332. Speaker pro tempore Van Maanen of Marion moved that the bill, as amended by the House, further amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2320) The ayes were, 98: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 1: Cormack Absent or not voting, 1: Dinkla The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Concurrent Resolution 118 and Senate File 2320. HOUSE REFUSED TO CONCUR Brauns of Muscatine called up for consideration 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, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-9331: H-9331 1 Amend the House amendment, S-5740, to Senate File 2 2381, as amended, passed, and reprinted by the Senate 3 as follows: 4 1. Page 1, by inserting after line 4 the 5 following: 6 " . Page 1, line 22, by striking the words 7 "beginning July 1, 1998, and ending June 30, 1999" and 8 inserting the following: "indicated". 9 . Page 1, line 25, by inserting after the word 10 "For" the following: "the fiscal year beginning July 11 1, 1998, and ending June 30, 1999, for"." 12 2. Page 1, by inserting after line 4 the 13 following: 14 " . Page 1, line 29, by inserting after the 15 word "For" the following: "the fiscal year beginning 16 July 1, 1997, and ending June 30, 1998, for"." 17 3. Page 1, by inserting after line 16 the 18 following: 19 " . Page 1, line 32, by inserting after the 20 word "For" the following: "the fiscal year beginning 21 July 1, 1998, and ending June 30, 1999, for"." 22 4. Page 1, by striking lines 22 and 23. 23 5. Page 1, by striking line 24. 24 6. Page 1, by inserting after line 30 the 25 following: 26 " . Page 4, by inserting after line 8 the 27 following: 28 "Sec. __. There is appropriated from the rebuild 29 Iowa infrastructure fund to the department of economic 30 development for the fiscal year beginning July 1, 31 1998, and ending June 30, 1999, the following amount, 32 or so much thereof as is necessary, to be used for the 33 purpose designated: 34 To fund the community economic betterment 35 recreational and cultural program account established 36 in section 15.322: 37 $ 5,000,000 38 Notwithstanding section 8.33, unencumbered or 39 unobligated funds remaining on June 30, 2001, from the 40 funds appropriated in this section shall revert to the 41 rebuild Iowa infrastructure fund on August 31, 2001."" 42 7. Page 1, by striking lines 43 and 44. 43 8. Page 1, by inserting after line 46 the 44 following: 45 " . Page 5, by inserting after line 9 the 46 following: 47 "If there is an unobligated or unencumbered balance 48 in the rebuild Iowa infrastructure fund on June 30, 49 1999, the remaining balance of the funds up to an 50 additional $700,000 shall be appropriated for the Page 2 1 fiscal year beginning July 1, 1998, for funding more 2 critical and deferred maintenance needs at Terrace 3 Hill."" 4 9. By striking page 1, line 47, through page 2, 5 line 2. 6 10. Page 2, line 7, by striking the figure 7 "5,820,000" and inserting the following: "2,620,000". 8 11. Page 2, by striking lines 8 through 13. 9 12. Page 2, by striking lines 16 through 26. 10 13. Page 2, by inserting after line 48 the 11 following: 12 " . Page 9, line 27, by striking the word 13 "purpose" and inserting the following: "purposes". 14 " . Page 9, by inserting after line 27 the 15 following: 16 "1. For an automated weather observation system at 17 the city of Harlan airport: 18 $ 55,000" 19 . Page 9, line 28, by inserting before the 20 word "For" the following: "2." 21 . Page 9, line 30, by striking the figure 22 "1,000,000" and inserting the following: "945,000"." 23 14. Page 2, by inserting after line 48 the 24 following: 25 " . Page 10, by inserting after line 11 the 26 following: 27 "Sec. __. NEW SECTION. 15.321 COMMUNITY ECONOMIC 28 BETTERMENT RECREATIONAL AND CULTURAL PROGRAM. 29 The purpose of the community economic betterment 30 recreational and cultural program is to assist 31 communities in the development and creation of 32 multipurpose recreational and cultural facilities. 33 The department shall consider whether the wages, 34 benefits, including health benefits, safety, and other 35 attributes of the project, would improve the quality 36 of tourism and recreational employment in the 37 community and the extent to which such a facility 38 would generate additional tourism and recreational 39 opportunities in the state. The department may 40 provide financial assistance to communities for 41 infrastructure improvements to multipurpose 42 recreational and cultural facilities which meet the 43 definition of vertical infrastructure pursuant to 44 section 8.57, subsection 5, paragraph "c". Financial 45 assistance may be provided in the form of a loan, 46 forgivable loan, loan guarantee, cost-share, or any 47 combination of financial assistance deemed by the 48 department to be most efficient in facilitating the 49 recreational or cultural project. 50 Up to $2,000,000 may be expended by the department Page 3 1 for a project if the department determines that an 2 immediate opportunity exists for the establishment of 3 a facility that can produce a long-term tax-generating 4 economic impact, if such project has the approval of 5 the city council of the city or board of supervisors 6 of the county where the project is located. 7 Sec. __. NEW SECTION. 15.322 COMMUNITY ECONOMIC 8 BETTERMENT RECREATIONAL AND CULTURAL PROGRAM ACCOUNT. 9 1. A community economic betterment recreational 10 and cultural program account is established within the 11 strategic investment fund to be used by the department 12 for the community economic betterment recreational and 13 cultural program. The account shall consist of all 14 appropriations, grants, or gifts received by the 15 department specifically for use under section 15.321 16 and any moneys allocated to the community economic 17 betterment recreational and cultural program account 18 from the strategic investment fund. 19 2. Payments of interest, repayments of moneys 20 loaned under the community economic betterment 21 recreational and cultural program, or recaptures of 22 awards shall be deposited into the strategic 23 investment fund."" 24 15. Page 3, line 31, by striking the word "loans" 25 and inserting the following: "loan". 26 16. Page 3, line 35, by striking the word "loans" 27 and inserting the following: "loan". 28 17. Page 3, line 44, by striking "school," and 29 inserting the following: "school". 30 18. Page 4, line 10, by striking the word "and". 31 19. Page 4, by striking lines 23 through 45. 32 20. Page 5, by inserting after line 5 the 33 following: 34 " . Title, page 1, line 8, by inserting after 35 the word "facility," the following: "for a prior 36 fiscal year,"." 37 21. Page 5, by striking lines 15 through 17. 38 22. Page 5, by striking lines 18 through 20. 39 23. Page 5, by inserting after line 23 the 40 following: 41 " . Title, page 2, line 21, by inserting after 42 the word "airports" the following: "and for an 43 automated weather observation system"." 44 24. By renumbering, relettering, or redesignating 45 and correcting internal references as necessary. Roll call was requested by Schrader of Marion and Van Fossen of Scott. On the question "Shall the House concur in the Senate amendment H-9331?" (S.F. 2381) The ayes were, 25: Barry Bradley Brauns Bukta Cataldo Cormack Dolecheck Drake Eddie Greig Hahn Holmes Houser Jenkins Kinzer Larson Martin Millage Moreland Mundie Murphy Van Fossen Weidman Weigel Mr. Speaker Corbett The nays were, 71: Arnold Bell Bernau Boddicker Boggess Brand Brunkhorst Burnett Carroll Chapman Chiodo Churchill Cohoon Connors Dix Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Garman Gipp Greiner Gries Grundberg Hansen Heaton Holveck Huseman Huser Jacobs Jochum Klemme Koenigs Kreiman Kremer Larkin Lord Mascher May Mertz Metcalf Meyer Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Van Maanen Vande Hoef Veenstra Warnstadt Welter Whitead Wise Witt Absent or not voting, 4: Blodgett Dinkla Lamberti Tyrrell The motion lost and the House refused to concur in the Senate amendment H-9331. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 2381 be immediately messaged to the Senate. ADOPTION OF THE REPORT OF THE CONFERENCE COMMITTEE (House File 2498) Brunkhorst of Bremer called up for consideration the report of the conference committee on House File 2498 and moved the adoption of the conference committee report and the amendments contained therein as follows: REPORT OF THE CONFERENCE COMMITTEE ON HOUSE FILE 2498 To the Speaker of the House of Representatives and the President of the Senate: We, the undersigned members of the conference committee appointed to resolve the differences between the House of Representatives and the Senate on House File 2498, a bill for an Act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority, and other properly related matters, respectfully make the following report: 1. That the House recedes from its amendment, S-5780. 2. That the Senate amendment, H-9118, to House File 2498, as amended, passed, and reprinted by the House, is amended as follows: 1. Page 1, by inserting after line 9 the following: " . Page 6, line 2, by striking the figure "116.00" an d inserting the following: "118.00"." 2. Page 1, line 12, by striking the figure "655,898" and inserting the following: "835,898". 3. Page 1, by inserting after line 12 the following: " . Page 10, line 25, by striking the figure "2,055,96 1" and inserting the following: "2,145,961". . Page 10, by inserting after line 26 the following:~ "Of the moneys appropriated in this subsection, $90,000 shall be used by the health facilities division to pay the salary, support, and miscellaneous expenses of a building inspector position." 4. By striking page 1, line 45, through page 2, line 10, and inserting the following: "Supplement 1997, as amended by 1998 Iowa Acts, Senate File 2121, section 1, is amended to read as follows: 7. A horse entered to race with lasix must be treated at least four hours prior to post time. The lasix shall be administered intravenously by a veterinarian employed by the owner or trainer of the horse. The commission shall adopt rules to ensure that lasix is administered as provided in this section. The commission shall require that the practicing veterinarian deliver an affidavit signed by the veterinarian which certifies information regarding the treatment of the horse. The affidavit must be delivered to a commission veterinarian within twenty minutes following the treatment. The statement must at least include the name of the practicing veterinarian, the tattoo number of the horse, the location of the barn and stall where the treatment occurred, the race number of the horse, the name of the trainer, and the time that the lasix was administered. Lasix shall only be administered in a dose level of two hundred fifty milligrams.The commission veterinarian shall extract atest sample of the horse's blood, urine, or saliva to determinewhether the horse was improperly drugged after the race isrun."" 5. Page 2, by inserting after line 30 the following: "The Iowa public employees' retirement system division shall use a competitive bid process for the proposed acquisition of a headquarters building and related facilities and accept, if any, the most cost-effective bid which best meets the needs of the system's members." 6. Page 3, line 11, by inserting after the figure "35,000" the following: "It is the intent of the general assembly that each public retirement system responsible for performing the examination as described in this subsection shall share proportionately the cost of conducting the examination. Moneys appropriated in this subsection shall be used by the Iowa public employees' retirement system to provide its proportionate share of the cost of the examination." 7. Page 4, by striking lines 13 through 16 and inserting the following: " . Page 25, by striking lines 3 through 13 and inserting the following: "management information system." 8. Page 4, by inserting after line 18 the following: " . Title page, line 4, by inserting after the word "matters" the following: ", and providing effective dates"." 9. By renumbering, relettering, or redesignating and correcting internal references as necessary. ON THE PART OF THE HOUSE: ON THE PART OF THE SENATE: BOB BRUNKHORST, Chair MARY LUNDBY, Chair FRANK CHIODO MICHAEL E. GRONSTAL DANNY HOLMES MARY E. KRAMER GERI HUSER MATT McCOY HAROLD VAN MAANEN DERRYL McLAREN The motion prevailed and the conference committee report was adopted. Brunkhorst of Bremer moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2498) The ayes were, 54: Arnold Barry Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cataldo Chiodo Churchill Cormack Dix Doderer Dolecheck Drake Eddie Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Huser Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett The nays were, 44: Bell Bernau Brand Bukta Burnett Chapman Cohoon Connors Dotzler Drees Falck Fallon Foege Ford Frevert Garman Holveck Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Van Fossen Warnstadt Weigel Whitead Wise Witt Absent or not voting, 2: Blodgett Dinkla 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 2498 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 22, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 2395, a bill for an act relating to and making supplemental and other appropriations for the fiscal year beginning July 1, 1997, and providing an effective date. Also: That the Senate has on April 22, 1998, insisted on its amendment to 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, and the members of the Conference Committee on the part of the Senate are: The Senator from Buena Vista, Senator Freemen, Chair; the Senator from Fremont, Senator McLaren; the Senator from Bremer, Senator Jensen; the Senator from Webster, Senator Halvorson; the Senator from Dubuque, Senator Connolly. MARY PAT GUNDERSON, Secretary CONFERENCE COMMITTEE APPOINTED (Senate File 2381) The Speaker announced the appointment of the conference committee to consider the differences between the House and Senate concerning Senate File 2381: Brauns of Muscatine, Chair; Van Fossen of Scott, Rayhons of Hancock, Schrader of Marion and Warnstadt of Woodbury. SENATE AMENDMENT CONSIDERED Millage of Scott called up for consideration House File 2395, a bill for an act relating to and making supplemental and other appropriations for the fiscal year beginning July 1, 1997, and providing an effective date, amended by the Senate amendment H-9333 as follows: H-9333 1 Amend House File 2395, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "DIVISION I" 6 2. Page 4, by inserting after line 1 the 7 following: 8 "Sec. ___. 1997 Iowa Acts, chapter 215, section 9 11, is amended to read as follows: 10 SEC. 11. There is appropriated from the marine 11 fuel tax receipts deposited in the general fund of the 12 state to the department of natural resources for the 13 fiscal year beginning July 1, 1997, and ending June 14 30, 1998, the following amount, or so much thereof as 15 is necessary, to be used for the purpose designated: 16 For the purpose of funding capital projects funded 17 from marine fuel tax receipts for the purposes 18 specified in section 452A.79: 19 $ 1,800,000 20 Notwithstanding section 8.33, unencumbered or 21 unobligated funds remaining on June 30,19981999, 22 from the funds appropriated in this section, shall 23 revert to the general fund of the state on August 31, 2419981999." 25 3. Page 4, line 2, by striking the word "This" 26 and inserting the following: "This division of this". 27 4. Page 4, by inserting after line 3 the 28 following: 29 "DIVISION II 30 Sec. ___. EXCESS LOTTERY REVENUES FISCAL YEAR 31 1994-1995. Of the lottery revenues received during 32 the fiscal year beginning July 1, 1994, which remain 33 in the lottery fund following the transfers made 34 pursuant to 1995 Iowa Acts, chapter 220, section 16, 35 1996 Iowa Acts, chapter 1219, section 14, and 1997 36 Iowa Acts, chapter 209, section 10, the following 37 amounts are appropriated or so much thereof as is 38 necessary, for the fiscal year beginning July 1, 1997, 39 and ending June 30, 1998, to be used for the purposes 40 designated: 41 1. To the department of general services, division 42 of information and technology services, for 43 development and other start-up costs to establish a 44 single contact repository implementing the provisions 45 of this Act requiring the establishment of a single 46 contact repository and first-year operational costs of 47 the repository: 48 $ 125,000 49 2. To the department of human services for a grant 50 to a county with a population between 168,000 and Page 2 1 175,000 for implementation of the county's runaway 2 assessment and treatment plan under section 232.195: 3 $ 125,000 4 The grant shall be administered by the county's 5 board of supervisors in consultation with the local 6 runaway and treatment task force. 7 3. To the department of personnel for support of 8 2.00 FTEs in program administration and development 9 for the deferred compensation program in addition to 10 other authorized full-time equivalent positions in 11 fiscal year 1998-1999: 12 $ 125,000 13 4. To the department of agriculture and land 14 stewardship for the state-federal laboratory for 15 operation and testing: 16 $ 109,000 17 5. To the department of education to be awarded to 18 the Iowa high school band selected to participate in 19 the national independence day parade in Washington, 20 D.C.: 21 $ 5,000 22 Any lottery revenues remaining in the lottery fund 23 at the end of the fiscal year beginning July 1, 1997, 24 as a result of not being appropriated or as a result 25 of a veto of any appropriation made in this section 26 shall be transferred to the general fund of the state. 27 Notwithstanding section 8.33, moneys appropriated in 28 this section which remain unobligated or unexpended 29 for the purpose designated shall not revert at the end 30 of the fiscal year beginning July 1, 1997, but shall 31 remain available for the purpose designated in the 32 succeeding fiscal year. Moneys which revert at the 33 end of the succeeding fiscal year shall be transferred 34 to the general fund of the state. 35 Sec. ___. BUILDING INSPECTION. 36 1. The appropriation made in 1998 Iowa Acts, House 37 File 2498, if enacted, to the department of 38 inspections and appeals, health facilities division, 39 is reduced by $90,000. The requirement in that 40 appropriation for the health facilities division to 41 use $90,000 to pay the salary, support, and 42 miscellaneous expenses of a building inspector 43 position is void and the provisions of subsection 2 44 are substituted in lieu of that requirement. 45 2. Notwithstanding section 8.33 and the 46 reversionary provisions of 1997 Iowa Acts, chapter 47 209, section 10, unnumbered paragraph 2, of the moneys 48 appropriated in 1997 Iowa Acts, chapter 209, section 49 10, subsection 5, which remain unobligated or 50 unexpended at the close of the fiscal year beginning Page 3 1 July 1, 1997, $90,000, or so much thereof as is 2 available, shall not revert but shall be transferred 3 to the department of inspections and appeals, health 4 facilities division. The transferred moneys shall be 5 used in the succeeding fiscal year to contract for the 6 performance of building inspections. Moneys 7 transferred pursuant to this section which revert at 8 the end of the fiscal year beginning July 1, 1998, 9 shall be transferred to the general fund of the state. 10 Sec. ___. FISCAL YEAR 1998-1999 LOTTERY TRANSFER. 11 Notwithstanding the requirement in section 99E.10, 12 subsection 1, to transfer lottery revenue remaining 13 after expenses are deducted, notwithstanding the 14 requirement under section 99E.20, subsection 2, for 15 the commissioner to certify and transfer a portion of 16 the lottery fund to the CLEAN fund, and 17 notwithstanding the appropriations and allocations in 18 section 99E.34, all lottery revenues received during 19 the fiscal year beginning July 1, 1998, and ending 20 June 30, 1999, after deductions as provided in section 21 99E.10, subsection 1, and as appropriated under any 22 Act of the Seventy-seventh General Assembly, 1998 23 Session, shall not be transferred to and deposited 24 into the CLEAN fund but shall be transferred and 25 credited to the general fund of the state. 26 Sec. ___. EFFECTIVE DATE. This division of this 27 Act, being deemed of immediate importance, takes 28 effect upon enactment. 29 DIVISION III 30 Sec. ___. Section 15.241, subsection 1, unnumbered 31 paragraph 4, as enacted by 1998 Iowa Acts, House File 32 2435, section 1, is amended to read as follows: 33 Payments of interest, recaptures of awards, and 34 repayments of moneys loaned under this program shall 35 be deposited into the strategic investment fund. 36 Receipts from loans or grants under the business 37 development initiative for entrepreneurs with 38 disabilitiesprogrammay be maintained in a separate 39 account within the fund. 40 Sec. ___. Section 15E.195, Code Supplement 1997, 41 is amended to read as follows: 42 15E.195 ENTERPRISE ZONE COMMISSION. 43 1. A county which designates an enterprise zone 44 pursuant to section 15E.194, subsection 1, and in 45 which an eligible enterprise zone is certified shall 46 establish an enterprise zone commission to review 47 applications from qualified businesses located within 48 or requesting to locate within an enterprise zone 49 designated pursuant to section 15E.194, subsection 1, 50 to receive incentives or assistance as provided in Page 4 1 section 15E.196. The enterprise zone commission shall 2 also review applications from qualified housing 3 businesses requesting to receive incentives or 4 assistance as provided in section 15E.193A. The 5 commission shall consist of nine members. Five of 6 these members shall consist of one representative of 7 the board of supervisors, one member with economic 8 development expertise chosen by the department of 9 economic development, one representative of the county 10 zoning board, one member of the local community 11 college board of directors, and one representative of 12 the local workforce development center. These five 13 members shall select the remaining four members. If 14 the enterprise zone consists of an area meeting the 15 requirements for eligibility for an urban or rural 16 enterprise community under Title XIII of the federal 17 Omnibus Budget Reconciliation Act of 1993, one of the 18 remaining four members shall be a representative of 19 thatzonecommunity.However, if the enterprisezone20qualifies under the city criteria, one of the four21members shall be a representative of an international22labor organization and if an enterprise zone is23located in any city, a representative, chosen by the24city council, of each such city may be a member of the25commission.A county shall have only one enterprise 26 zone commission to review applications for incentives 27 and assistance for businesses located within or 28 requesting to locate within a certified enterprise 29 zone designated pursuant to section 15E.194, 30 subsection 1. 31 2. The commission may adopt more stringent 32 requirements, including requirements related to 33 compensation and benefits, for a business to be 34 eligible for incentives or assistance than provided in 35sectionsections 15E.193 and 15E.193A. The commission 36 may develop as an additional requirement that 37 preference in hiring be given to individuals who live 38 within the enterprise zone. The commission shall work 39 with the local workforce development center to 40 determine the labor availability in the area. The 41 commission shall examine and evaluate building codes 42 and zoning in the enterprise zone and make 43 recommendations to the appropriate governing body in 44 an effort to promote more affordable housing 45 development. 46 3. If the enterprise zone commission determines 47 that a business qualifiesfor inclusion in an48enterprise zoneand is eligible to receive incentives 49 or assistance as provided in either section 15E.193A 50 or section 15E.196, the commission shall submit an Page 5 1 application for incentives or assistance to the 2 department of economic development. The department 3 may approve, defer, or deny the application. 4 4. In making its decision, the commission or 5 department shall consider the impact of the eligible 6 business on other businesses in competition with it 7 and compare the compensation package of businesses in 8 competition with the business being considered for 9 incentives or assistance. The commission or 10 department shall make a good faith effort to identify 11 existing Iowa businesses within an industry in 12 competition with the business being considered for 13 incentives or assistance. The commission or 14 department shall also make a good faith effort to 15 determine the probability that the proposed incentives 16 or assistance will displace employees of existing 17 businesses. In determining the impact on businesses 18 in competition with the business seeking incentives or 19 assistance, jobs created as a result of other jobs 20 being displaced elsewhere in the state shall not be 21 considered direct jobs created. 22 However, if the commission or department finds that 23 an eligible business has a record of violations of the 24 law, including but not limited to environmental and 25 worker safety statutes, rules, and regulations, over a 26 period of time that tends to show a consistent 27 pattern, the eligible business shall not qualify for 28 incentives or assistance under section 15E.193A or 29 section 15E.196, unless the commission or department 30 finds that the violations did not seriously affect 31 public health or safety or the environment, or if it 32 did that there were mitigating circumstances. In 33 making the findings and determinations regarding 34 violations, mitigating circumstances, and whether an 35 eligible business is eligible for incentives or 36 assistance under section 15E.193A or section 15E.196, 37 the commission or department shall be exempt from 38 chapter 17A. If requested by the commission or 39 department, the business shall provide copies of 40 materials documenting the type of violation, any fees 41 or penalties assessed, court filings, final 42 disposition of any findings and any other information 43 which would assist the commission or department in 44 assessing the nature of any violation. 45 5. A business that is approved to receive 46 incentives or assistance shall, for the length of its 47 designation as an enterprise zone business, certify 48 annually to the county or city, as applicable, and the 49 department of economic development its compliance with 50 the requirements of either section 15E.193 or section Page 6 1 15E.193A. 2 Sec. 100. Section 69.2, subsection 7, Code 1997, 3 is amended to read as follows: 4 7. The board of supervisors declares a vacancy in 5 an elected county office upon finding that the county 6 officer has been physically absent from the county for 7 sixty consecutive days except in the case of a medical 8 emergency; temporary active military duty; or 9 temporary service with another government service, 10 agency, or department. 11 Sec. ___. Section 97B.49B, subsection 3, paragraph 12 b, subparagraph (6), if enacted in 1998 Iowa Acts, 13 House File 2496, section 36, is amended to read as 14 follows: 15 (6) For the fiscal year commencing July 1, 1994, 16 and each succeeding fiscal year through the fiscal 17 year ending June 30, 1998, each judicial district 18 department of correctional services shall pay to the 19 department of personnel from funds appropriated to 20 that judicial district department of correctional 21 services, the amount necessary to pay the employer 22 share of the cost of the additional benefits provided 23 to employeescovered under subsection 1, paragraph24"d", subparagraph (7)of a judicial district 25 department of correctional services who are employed 26 as a probation officer III or a parole officer III. 27 Sec. ___. Section 135C.33, subsection 5, if 28 enacted by 1998 Iowa Acts, House File 2275, is amended 29 by adding the following new paragraphs: 30 NEW PARAGRAPH. d. An employee of an elder group 31 home certified under chapter 231B, if the employee 32 provides direct services to consumers. 33 NEW PARAGRAPH. e. An employee of an assisted 34 living facility certified or voluntarily accredited 35 under chapter 231C, if the employee provides direct 36 services to consumers. 37 Sec. ___. Section 135C.33, Code Supplement 1997, 38 is amended by adding the following new subsection: 39 NEW SUBSECTION. 6. The department of inspections 40 and appeals, in conjunction with other departments and 41 agencies of state government involved with criminal 42 history and abuse registry information, shall 43 establish a single contact repository for facilities 44 and other providers to have electronic access to data 45 to perform background checks for purposes of 46 employment, as required of the facilities and other 47 providers under this section. 48 Sec. 200. Section 200.14, subsection 1A, as 49 enacted by 1998 Iowa Acts, Senate File 2082, section 50 1, is amended to read as follows: Page 7 1 1A. Anhydrous ammonia equipment shall be installed 2 and maintained in a safe operating condition and in 3 conformity with rules adopted by the secretary. A 4 person shall not intentionally tamper with anhydrous 5 ammonia equipment. Tampering occurs when a person who 6 is not authorized by the owner of anhydrous ammonia 7 equipment uses the equipment in violation of a 8 provision of this chapter, including a rule adopted by 9 the secretary. A person,shall not in any manner or 10 for any purpose sell, fill, refill, deliver, permit to 11 be delivered, or use an anhydrous ammonia container or 12 receptacle, including for the storage of any gas or 13 compound, unless the person owns the container or 14 receptacle or is authorized to do so by the owner. A 15 person shall not possess or transport anhydrous 16 ammonia in a container or receptacle which is not 17 authorized by the secretary to hold anhydrous ammonia. 18 Sec. ___. Section 260A.1, subsection 2, Code 19 Supplement 1997, is amended to read as follows: 20 2. Moneys appropriated in subsection 1 shall be 21 allocated by the department of education to each 22 community collegein the proportion that the23allocation to that community college in 1996 Iowa24Acts, chapter 1215, section 6, subsection 15, bears to25the total appropriation made in 1996 Iowa Acts,26chapter 1215, section 6, subsection 15, to all27community collegeson the basis of each community 28 college's share of overall community college student 29 enrollment. The overall enrollment and each community 30 college district's share of the overall enrollment 31 shall be determined utilizing refined enrollment 32 reporting methods approved by the department of 33 education using data from the most recently concluded 34 fiscal year. The department of education shall 35 determine enrollment share percentages for each 36 community college district for purposes of allocating 37 the moneys. 38 Sec. ___. Section 279.51, subsection 1, unnumbered 39 paragraph 1, Code Supplement 1997, is amended to read 40 as follows: 41 There is appropriated from the general fund of the 42 state to the department of education for the fiscal 43 year beginning July 1,19971998, and each succeeding 44 fiscal year, the sum of fifteen milliononethree 45 hundredseventysixty thousand dollars. 46 Sec. ___. Section 279.51, subsection 1, paragraph 47 b, Code Supplement 1997, is amended to read as 48 follows: 49 b. For the fiscal year beginning July 1,199750 1998, and for each succeeding fiscal year, eight Page 8 1 millionthreefive hundredtwentyten thousand dollars 2 of the funds appropriated shall be allocated to the 3 child development coordinating council established in 4 chapter 256A for the purposes set out in subsection 2 5 of this section and section 256A.3. 6 Sec. ___. Section 321.453, Code 1997, as amended 7 by 1998 Iowa Acts, Senate File 2081, section 1, is 8 amended to read as follows: 9 321.453 EXCEPTIONS. 10 The provisions of this chapter governing size, 11 weight, and load, and the permit requirements of 12 chapter 321E do not apply to fire apparatus,toroad 13 maintenance equipment owned by or under lease to any 14 state or local authority, implements of husbandry 15 temporarily moved upon a highway, implements of 16 husbandry moved from farm site to farm site or between 17 the retail seller and a farm purchaser, implements of 18 husbandry moved between any site and the site of an 19 agricultural exposition or a fair administered 20 pursuant to chapter 173 or 174, indivisible implements 21 of husbandry temporarily moved between the place of 22 manufacture and a retail seller or a farm purchaser, 23 implements of husbandry received and moved by a retail 24 seller of implements of husbandry in exchange for a 25 purchased implement, or implements of husbandry moved 26 for repairs, except on any part of the interstate 27 highway system. A vehicle, carrying an implement of 28 husbandry, which is exempted from the permit 29 requirements under this section shall be equipped with 30 an amber flashing light under section 321.423, shall 31 be equipped with warning flags on that portion of the 32 vehicle which protrudes into oncoming traffic, and 33 shall only operate from thirty minutes prior to 34 sunrise to thirty minutes following sunset. The one 35 hundred mile distance restriction contained in the 36 definition of implement of husbandry in section 321.1 37 does not apply to this section. 38 Sec. ___. If the amendment to section 421.40, 39 unnumbered paragraph 3, Code 1997, contained in 1998 40 Iowa Acts, House File 2530 is enacted, that amendment 41 shall prevail over the amendment to section 421.40, 42 unnumbered paragraph 3, Code 1997, contained in 1998 43 Iowa Acts, Senate File 518, section 39. 44 Sec. ___. 1998 Iowa Acts, House File 2290, section 45 7, if enacted, is amended to read as follows: 46 SEC. 7. EFFECTIVE DATE. Section 6 of this Act, 47 being deemed of immediate importance, takes effect 48 upon enactment. Section 5 of this Act takes effect 49 December 15, 1998, and applies to nonresident deer 50 hunting licenses for calendar years beginning on or Page 9 1 after January 1, 1999. 2 Sec. ___. Section 483A.8, subsection 3, Code 1997, 3 as amended by 1998 Iowa Acts, Senate File 187, section 4 10, is amended to read as follows: 5 3. A nonresident hunting deer is required to have 6 a nonresident deer license and must pay the wildlife 7 habitat fee. The commission shall annually limit to 8sixseven thousand five hundred licenses the number of 9 nonresidents allowed to have deer hunting licenses. 10 The number of nonresident deer hunting licenses shall 11 be determined as provided in section 481A.38. The 12 commission shall allocate the nonresident deer hunting 13 licenses issued among the zones based on the 14 populations of deer. However, a nonresident applicant 15 may request one or more hunting zones, in order of 16 preference, in which the applicant wishes to hunt. If 17 the request cannot be fulfilled, the applicable fees 18 shall be returned to the applicant. A nonresident 19 applying for a deer hunting license must exhibit proof 20 of having successfully completed a hunter safety and 21 ethics education program as provided in section 22 483A.27 or its equivalent as determined by the 23 department before the license is issued. 24 Sec. ___. 1998 Iowa Acts, Senate File 187, section 25 27, if enacted, is amended to read as follows: 26 SEC. 27. EFFECTIVE AND APPLICABILITY DATES. This 27 Act takes effect December 15, 1998, and applies to 28 licenses and fees for hunting, fishing, fur 29 harvesting, and related wildlife and game activities 30 forthecalendaryearyears beginning on or after 31 January 1, 1999. 32 Sec. ___. Section 692A.13, Code 1997, is amended 33 by adding the following new subsection: 34 NEW SUBSECTION. 9. The department shall provide 35 information for purposes of the single contact 36 repository established pursuant to section 135C.33, in 37 accordance with rules adopted by the department. 38 Sec. 300. 1998 Iowa Acts, Senate File 2406, 39 section 13, if enacted, is amended to read as follows: 40 SEC. 13. IOWA EMPOWERMENT BOARD. The Iowa 41 empowerment board shall adopt rules, arrange for 42 technical assistance, provide guidance, and take other 43 actions needed to assist the designation of community 44 empowerment areas and creation of community 45 empowerment boards and to enable the community 46 empowerment area boards to submit school ready 47 children grant plans in a timely manner for the 48 initial grants to be awarded and grant moneys to be 49 paid. For the initial grants, plans shall be 50 submitted by September 1, 1998, or byJanuary 1, 1999Page 10 1 December 1, 1998, in accordance with criteria 2 established by the board. The Iowa board shall submit 3 to the governor and the general assembly a proposed 4 funding formula for distribution of school ready 5 children grant moneys as necessary for statewide 6 implementation of the grant program for the fiscal 7 year beginning July 1, 1999, and subsequent fiscal 8 years. 9 Sec. 400. 1998 Iowa Acts, Senate File 2410, 10 section 83, subsection 7, if enacted, is amended to 11 read as follows: 12 7. Section 15, subsection 19, paragraph"b""a", 13 relating to authority to use moneys for support of the 14 child welfare services work group. 15 Sec. 500. Section 514I.7, subsection 2, paragraph 16 e, if enacted by 1998 Iowa Acts, House File 2517, 17 section 9, is amended to read as follows: 18 e. Is not currently covered under or was not 19 covered within the prior six months under a group 20 health plan as defined in 42 U.S.C. "/g"300Ggg-91(a)(1)21 300gg-91(a)(1) or other health benefit plan, unless 22 the coverage was involuntarily lost or unless dropping 23 the coverage is allowed by rule of the board. 24 Sec. ___. 1998 Iowa Acts, House File 2162, 25 sections 34 and 42, are repealed. 26 Sec. ___. 1998 Iowa Acts, House File 2538, section 27 2, amending section 15E.195, is repealed. 28 Sec. ___. 1998 Iowa Acts, House File 2164, section 29 11, amending section 15E.195, subsection 1, is 30 repealed. 31 Sec. ___. EFFECTIVE DATE. The following 32 provisions of this division of this Act, being deemed 33 of immediate importance, take effect upon enactment: 34 1. Section 100, amending section 69.2. 35 2. Section 200, amending section 200.14." 36 ___. Section 300, amending 1998 Iowa Acts, Senate 37 File 2406, section 13. 38 ___. Section 400, amending 1998 Iowa Acts, Senate 39 File 2410, section 83, subsection 7. 40 ___. Section 500, amending section 514I.7, if 41 enacted by 1998 Iowa Acts, House File 2517, section 9. 42 DIVISION IV 43 Sec. ___. NEW SECTION. 327H.20A RAILROAD 44 REVOLVING LOAN FUND. 45 A railroad revolving loan fund is established in 46 the office of the treasurer of state under the control 47 of the department. Moneys in this fund shall be 48 expended for loans to provide assistance for the 49 restoration, conservation, improvement, and 50 construction of railroad main lines, branch lines, Page 11 1 switching yards, sidings, rail connections, intermodal 2 yards, highway grade separations, and other railroad- 3 related improvements. The department shall administer 4 a program for the granting and administration of loans 5 under this section. The department may enter into 6 agreements with railroad corporations, the United 7 States government, cities, counties, and other persons 8 for carrying out the purposes of this section. Moneys 9 received as loan repayments shall be credited to the 10 railroad revolving loan fund. Notwithstanding section 11 8.33, moneys in the railroad revolving loan fund shall 12 not revert to the general fund of the state but shall 13 remain available indefinitely for expenditure under 14 this section. 15 Sec. ___. RAILROAD REVOLVING FUND. There is 16 appropriated from the general fund of the state to the 17 state department of transportation for the fiscal year 18 beginning July 1, 1998, and ending June 30, 1999, for 19 deposit in the railroad revolving loan fund 20 established in section 327H.20A, an amount equal to 21 the amount of loan repayments made under section 22 327H.18 and chapter 327I that exceed one million one 23 hundred ninety thousand dollars during fiscal year 24 1998-1999." 25 5. Title page, line 1, by inserting after the 26 word "to" the following: "public expenditure and 27 regulatory matters". 28 6. Title page, line 3, by striking the words 29 "providing an effective date" and inserting the 30 following: "subsequent fiscal years, and providing 31 effective dates". Churchill of Polk in the chair at 6:50 p.m. Speaker Corbett in the chair at 6:58 p.m. Millage of Scott offered the following amendment H-9334, to the Senate amendment H-9333, filed by him from the floor and moved its adoption: H-9334 1 Amend the Senate amendment, H-9333, to House File 2 2395, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 2, by striking lines 17 through 21. 5 2. By renumbering as necessary. Amendment H-9334 was adopted. On motion by Millage of Scott, the House concurred in the Senate amendment H-9333, as amended. Millage of Scott moved that the bill as amended by the Senate, further amended and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2395) The ayes were, 78: Arnold Barry Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill Cormack Dix Dolecheck Drake Eddie Falck Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Holmes Holveck Houser Huseman Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Mundie Murphy Myers Nelson Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Siegrist Sukup Teig Thomas Thomson Tyrrell Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Witt Mr. Speaker Corbett The nays were, 18: Bell Bernau Chapman Cohoon Connors Dotzler Drees Fallon Huser Kreiman Larkin Moreland O'Brien Schrader Shoultz Taylor Van Fossen Wise Absent or not voting, 4: Blodgett Dinkla Doderer Heaton 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 2395 be immediately messaged to the Senate. Unfinished Business Calendar House File 2518, a bill for an act providing for monitoring and review of state officials, employees, and judicial compliance with requirements under law and providing an effective date, was taken up for consideration. Murphy of Dubuque asked and received unanimous consent that amendment H-8790 be deferred. Boddicker of Cedar offered the following amendment H-8521 filed by him and moved its adoption: H-8521 1 Amend House File 2518 as follows: 2 1. By striking page 2, line 16, through page 4, 3 line 21. 4 2. Title page, by striking lines 1 and 2 and 5 inserting the following: "An Act providing for a 6 review of juvenile justice provisions involving child 7 protection by the citizens' aide". 8 3. By renumbering as necessary. Amendment H-8521 was adopted. Murphy of Dubuque asked and received unanimous consent to withdraw amendment H-8790 filed by him and Brand of Tama on March 30, 1998. SENATE FILE 2359 SUBSTITUTED FOR HOUSE FILE 2518 Boddicker of Cedar asked and received unanimous consent to substitute Senate File 2359 for House File 2518. Senate File 2359, a bill for an act providing for a review of juvenile justice provisions involving child protection by the citizens' aide and providing an effective date, was taken up for consideration. Boddicker of Cedar asked and received unanimous consent to withdraw amendment H-8522 filed by him on March 19, 1998. Boddicker of Cedar 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. 2359) The ayes were, 94: Arnold Barry Bell Bernau Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill Cohoon Connors Cormack Dix Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Maanen Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 2: Chapman Van Fossen Absent or not voting, 4: Blodgett Dinkla Doderer Vande Hoef The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that Senate File 2359 be immediately messaged to the Senate. HOUSE FILE 2518 WITHDRAWN Boddicker of Cedar asked and received unanimous consent to withdraw House File 2518 from further consideration by the House. ADOPTION OF HOUSE RESOLUTION 109 Myers of Johnson asked and received unanimous consent for the immediate consideration of House Resolution 109, a resolution recognizing the positive contributions realized from county implementation of a single entry point process for mental health, mental retardation, and developmental disabilities (MH/MR/DD) services known as the central point of coordination or "CPC" system, and moved its adoption. The motion prevailed and the resolution was adopted. ADOPTION OF HOUSE RESOLUTION 104 Fallon of Polk asked and received unanimous consent for the immediate consideration of House Resolution 104, a resolution regarding the intent of the House of Representatives that interest groups form an advisory committee to develop recommendations to reduce the frequency of abortions and unplanned pregnancies in the state, and moved its adoption. The motion prevailed and the resolution was adopted. The House stood at ease at 7:26 p.m., until the fall of the gavel. The House resumed session at 8:25 p.m., Speaker Corbett in the chair. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 22, 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 2395, a bill for an act relating to and making supplemental and other appropriations for the fiscal year beginning July 1, 1997, and providing an effective date. Also: That the Senate has on April 22, 1998, adopted the conference committee report and passed House File 2498, a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority, and other properly related matters. Also: That the Senate has on April 22, 1998, adopted the conference committee report and passed 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. MARY PAT GUNDERSON, Secretary ADOPTION OF THE REPORT OF THE CONFERENCE COMMITTEE (Senate File 2381) Brauns of Muscatine called up for consideration the report of the conference committee on Senate File 2381 and moved the adoption of the conference committee report and the amendments contained therein as follows: REPORT OF THE CONFERENCE COMMITTEE ON SENATE FILE 2381 To the President of the Senate and the Speaker of the House of Representatives: We, the undersigned members of the conference committee appointed to resolve the differences between the Senate and the House of Representatives on 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 costshare 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, respectively make the following report: 1. That the Senate recedes from its amendment, H-9331. 2. That the House amendment, S-5740 to Senate File 2381, as amended, passed, and reprinted by the Senate, is amended as follows: 1. Page 1, by inserting after line 4 the following: " . Page 1, line 22, by striking the words "beginning~ July 1, 1998, and ending June 30, 1999" and inserting the following: "indicated". . Page 1, line 25, by inserting after the word "For"~ the following: "the fiscal year beginning July 1, 1998, and ending June 30, 1999, for"." 2. Page 1, by inserting after line 4 the following: " . Page 1, line 29, by inserting after the word "For" the following: "the fiscal year beginning July 1, 1997, and ending June 30, 1998, for"." 3. Page 1, by inserting after line 16 the following: " . Page 1, line 32, by inserting after the word "For" the following: "the fiscal year beginning July 1, 1998, and ending June 30, 1999, for"." 4. Page 1, by striking lines 22 and 23. 5. Page 1, by striking line 24. 6. Page 1, by inserting after line 46 the following: " . Page 5, by inserting after line 9 the following: "If there is an unobligated or unencumbered balance in the rebuild Iowa infrastructure fund on June 30, 1999, the remaining balance of the funds up to an additional $700,000 shall be appropriated for the fiscal year beginning July 1, 1998, for funding more critical and deferred maintenance needs at Terrace Hill."" 7. By striking page 1, line 47, through page 2, line 2. 8. Page 2, by striking lines 8 through 13. 9. Page 2, by striking lines 16 through 26. 10. Page 2, by inserting after line 48 the following: " . Page 9, line 27, by striking the word "purpose" an d inserting the following: "purposes". " . Page 9, by inserting after line 27 the following:~ "1. For an automated weather observation system at the city of Harlan airport: $ 55,000" . Page 9, line 28, by inserting before the word "For" the following: "2." . Page 9, line 30, by striking the figure "1,000,000" and inserting the following: "945,000"." 11. Page 3, line 31, by striking the word "loans" and inserting the following: "loan". 12. Page 3, line 35, by striking the word "loans" and inserting the following: "loan". 13. Page 3, line 44, by striking "school," and inserting the following: "school". 14. Page 4, line 10, by striking the word "and". 15. Page 4, by striking lines 23 through 45. 16. Page 5, by inserting after line 5 the following: " . Title, page 1, line 8, by inserting after the word "facility," the following: "for a prior fiscal year,"." 17. Page 5, by striking lines 15 through 17. 18. Page 5, by striking lines 18 through 20. 19. Page 5, by inserting after line 23 the following: " . Title, page 2, line 21, by inserting after the wor d "airports" the following: "and for an automated weather observation system"." 20. By renumbering, relettering, or redesignating and correcting internal references as necessary. ON THE PART OF THE HOUSE: ON THE PART OF THE SENATE: BARRY BRAUNS, Chair MARY LOU FREEMAN, Chair HENRY RAYHONS MIKE CONNOLLY DAVID SCHRADER ROD HALVORSON JAMES VAN FOSSEN JOHN W. JENSEN STEVEN WARNSTADT DERRYL McLAREN The motion prevailed and the conference committee report was adopted. 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 Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dix 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 Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 1: Fallon Absent or not voting, 4: Blodgett Dinkla Doderer Van Fossen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 2381 be immediately messaged to the Senate. REMARKS BY MINORITY LEADER SCHRADER Schrader of Marion offered the following remarks: Thank you, Mr. Speaker and Colleagues: It's very common to stand here and give a leader's farewell speech. I hope that I get to come back to this place again, but I sometimes wonder after having heard the farewell speeches of those colleagues who are going home and are going to do something different. Their stories and their reminiscing and their great, positive futures are fun to hear and delightful to share. I'm not going to talk about our work. I think we've all worked hard, and we've had enough of that. I guess I just want to talk about you folks. This is a great place and I know that people at home, the people that I call upon, and people I drink coffee with at the Maid-Rite every morning, rarely a person comes in that I don't know. It's fairly rare that a person comes in that I haven't been to their house. I expect many of you cherish that kind of a background in a rural small town. It's pretty nice. But the folks here are a little different than the ones in my hometown because they're from a lot of home towns. I think those differences really make this place fun. And I'd like to say thanks to some people. First, to my assistant leaders on our Democrat team: John Connors, Pam Jochum, Mike Moreland, Dick Myers, and Don Shoultz. We've really had a team in our caucus this year that made decisions. These folks have gathered around me and around our caucus and shared responsibility in the hard work and made things great. I really appreciate you all. And fellow colleagues of my party, the minority Democrats, this is a tough road in the minority. The Speaker knows that. I've spent six years now as has Ron. We've both spent an equal number of years in the majority and in the minority. There's no question where either of us wants to be. But we have one hundred percent fought the good fight where fighting is appropriate. And there were good ideas offered by Republicans. We did our best to help you with those good ideas. And when we had good ideas we did our best to get them on the table as well. I really take my hat off to my colleagues in the Democratic party because when you are 46 in a chamber of 100, it's harder than it is when you're 54 in a chamber of 100. And those folks have realized that from day one, but never let it slow them down. They've done their work. And for all of you I appreciate that. For my Republican colleagues I share the same respect and friendship. Yearly it is one of my jobs to be a recruiter for those folks that will join us next time. And I'm often asked who are you voting for out there? I think that the people who need to serve here are people that have passions. I've found that the people who serve here do have passion. Sometimes we care about different things and care about them differently. Sometimes we feel very passionately about some things and perhaps that passion runs a little too high. Usually it's mine that's too high. But that means we care. I enjoy working with somebody who has strong feelings. They're just working hard to do their best to accomplish what they feel is right. They do that. And I appreciate that. I'd like to recognize my staff. I think my staff is the best here. I believe they've done everything for me that they could possibly do. Mark Brandsgard and Carolyn Gaukel in my office have done a super job for me and for our caucus. Paulee Lipsman, our caucus staff director. Dave Epley, Jenifer Parsons, Tom Patterson, Mary Brown, Anna Hyatt, Ed Conlow, and Joe Romano have done a super job of research in all the things a caucus staff does. Working a lot of late nights putting in extra effort. I really appreciate those folks and I know my colleagues do as well. My Page this year, Michelle Bauer, has been a super help and has just done a great job. My wife has really done a great job. Many years that I stood here, my wife wasn't with me. She's done a variety of things. In the interim she works in my office. She works for Steve Warnstadt here as his legislative assistant. It's really fun. You can imagine those years that I worked here and my wife didn't. You couldn't go home after a day like some of the days we have and explain that to somebody who hasn't been here. It can't be done. Having her here has really made this an experience that we both enjoy. I'd also like to say thank you again to my colleagues in here that are retiring. I really enjoyed those retirement speeches. You folks have done great things for our state and have really given of yourselves. I'd like to single out my Democratic retirees. Deo at first I didn't have any idea you could sing. It was great. It was really beautiful. I don't know if Russell Eddie is here listening. I don't know, I expect we'll see you at those animal rights meetings one of these times. And Mike Moreland, I knew when he decided he would retire, I was sort of ready for that and called one weekend during the session and talked to your wife and she said you were out swimming with your son. I think I knew then you would be leaving. But I can guarantee you that the political doors have been left wide open for you. And Bill Bernau, I don't know what you can say about a man that is standing here on the last day of session making enticing pleas to resist a racetrack. He stands over there and raises a checkered flag while you're trying to make your points. I don't know what you can say about a guy like that. But I'll say it here right to him I wish you the best where ever you land. And I mean that. Good luck to you. So, it's been a great year for me. But I want to recognize a couple of other people and say something that I've said a few times in my life but not very many times. And that's to you Leaders. To Brent and Ron. To each of you and both of you. If we ever chose up sides again, I'd like to be on your team. You guys have done a great job. And I appreciate that. We've been adversaries, that's the way this process works. And truly, if we ever chose sides again, I'd like to be on your team. That's not likely given the situation we're in. I think I'd rather we just switch sides of the field. Thank you for the way you've run this chamber. You have respect for the process, this institution, and the people. We all appreciate that. Thank you. I talked with my Dad Sunday morning, and he found five mushrooms under an apple tree. So I was really hoping we could get out of here. I made a phone call this morning and found out that the motor in my race car was ready, and I could go pick it up. I told the gentleman that I'd be there at 4:00 this afternoon to get it. I'll be there in the morning. I hope all of you go home to a summer and interim that gives you great pleasure because you have worked hard here and you deserve it. Thank you. REMARKS BY MAJORITY LEADER SIEGRIST Siegrist of Pottawattamie offered the following remarks: Ladies and Gentlemen of the House: The tie is on and it's time to go home. It has been a good, but difficult year. Between constitutional amendments, education, and the Governor, race tracks, gambling, and the fact that I've been taking a graduate course this session, it's been a tough year. To paraphrase a song by Garth Brooks, "I'm much too young to feel this darn old." On opening day, I laid out four goals for the Majority Party and this legislative body. First, reduce taxes - did it. Secondly, help promote value-added agriculture in Iowa - the Agrifutures bill accomplished that. Third, improve recreational opportunities and quality-of-life issues for our families. The infrastructure bill included an additional $5 million for lake-dredging, bluffland protection, and recreational grants for local communities. Lastly, education. Lord knows that has been the subject of considerable debate this session. I think the educational bills that passed this legislative body do a lot to begin the long-term process for the fundamental changes we need to undertake for our educational system. Now, I understand that the Governor has some problems with our education package. To be truthful, I haven't been able to exactly determine what good reason he has to veto that bill. I thought that perhaps it had something to do with his legacy. But, I don't think so. Perhaps he's just stubborn - naw. Perhaps he's finally getting even with me for my endorsement of Fred Grandy in 1994. But, I don't think so. Finally last night, I figured it out - why he's acting so strange - El Nino! Governor Branstad, it's a good bill - please sign it. There were other high points. The HAWK-I plan, sexual predator language, education IRAs and action on methamphetamine. Every legislative session doesn't get everything done. This session is no different. Some will talk about something that didn't get done. I will prefer to talk about everything that did get accomplished. This is a legislative session that we can all be proud of. To our retirees - best wishes. As a matter of fact, a wish for each of you. Representative Bernau - I hope your first congregation isn't like the Ways and Means Chairs you were Ranking Member with - and they don't leave you after one term. Representative Churchill - I hope your new boss quickly forgets he had anything to do with the Pomerantz Commission report. Representative Dinkla - I hope you remember me in your new position when PAC funds are distributed. Representative Gries - I hope your second career as a stand-up comic goes well. Representative Koenigs - may you have a 50-mile buffer zone around your residence to keep those hogs away. Representative Meyer - may you achieve your lifelong ambition and get appointed to the board of your local area education agency. Representative Kremer - may your days in retirement keep "going some." Representative Vande Hoef - my wish for you is that you would bring your lovely wife Harriet back next year to sing the Lord's Prayer. Representative Moreland - your wife is expecting, as is mine. My wish for you is heartfelt - the birth of a healthy child. Representatives Lamberti and Veenstra - I hope the frontal lobotomy operation required to serve in the Senate goes well. Speaker Van Maanen - first a hope for me - then a wish for you. Harold, you are one of the finest human beings I've ever known. I hope my son, Evan, grows up to be as fine of a person as you are and I'll know I did a good job as a father and be happy. My wish for you is that you and Marie hop in that new van and travel to your hearts' content. You both deserve all the happiness in the world. To the caucus staff, thanks for all that you do. You do a great job and never get thanked enough. To Liz and all of the people who make this place go - many, many thanks. My thanks to the press who have always treated me fairly, and to the third house who bring honor to the term lobbyist. Representative Schrader, thank you. I believe we have both attempted to be fair and open with each other. David, you are a fine floor leader. You do your job well. Thank you for your help. To the members of the Minority Caucus - some days you may have talked too long, but I view you all as members who are here to do what is right for Iowa. To the members of the Republican Leadership - thank you. We had a great session! Harold, Chuck, Donna, Gary, Christopher and Danny, it wouldn't be possible without you. To the Republican members of our caucus: my job is not the easiest in the world, but you make it worthwhile. Your willingness to listen, work hard and keep your sense of humor makes my job very rewarding. Thank you. Mr. Speaker - You've heard a lot of compliments and they are well deserved. I could extol your leadership and political skills, but I think two things say it best. 1. I hope we will still be serving together next year. 2. I consider you a close, dear friend. Susan Severino - what can I say. While you don't totally run this House - you could. You are the best at making this place hum along. Becky, I'm not sure anyone can be much more disorganized than I am. Thank you for bringing some sanity to my position as Majority Leader. Without your help, I'd truly be lost. And a special thank you to our Page, Emily Paul. Emily, best wishes in your future. I know you will be successful in life. Finally, a thanks to all of the elected members of this House. I do not think the people of Iowa comprehend the sacrifices that we make to serve. I'm not complaining, but I just don't think they know how tough it is on all of us. Three weeks ago yesterday, my wife called to tell me that my son, Evan, had gotten up two days in a row and asked, "Where's Daddy?" She told me that so I would know that he missed me, and I should feel good about that. And I did. But it tore at my heart because it's a fine line between working to make this a better place for my son to live and not being as good of a Dad as I want to be. So, thank you to each and every one of you for the sacrifice you make to be here. It's important and the people of Iowa appreciate it. So, it's time to go to Wellman's - I mean home to family and friends. I know I'm ready because it's been a tough year. As usual, my favorite performer can sum it up for me in one of his songs. In the song, Trying to Reason With Hurricane Season, Jimmy Buffett writes, "I must confess, I can use some rest, I can't run at this pace very long. Yes, it's quite insane, I think it hurts the brain." I think we all need to rest our brain and our bodies and go home to our families. Have a great interim and God bless you all. REMARKS BY SPEAKER CORBETT Speaker Corbett offered the following remarks: Well to paraphrase Ronald Reagan, I had a chance to meet him once in my life when he was in Cedar Rapids. He said "we could be masters of our own destiny or victims of fate." One hundred and one days ago you all had a choice in front of you. Thankfully you chose not to be victims of fate. I do want to take just a moment to maybe view the record, and like you Representative Schrader, I'd like to talk a little bit about the people here. When you start a session you always have some goals that you want to work toward achieving, and we did. Education reform, tax relief, value-added agriculture, and trying to improve the recreational opportunities for the people of this state. The first issue of education reform, certainly there was a lot of pre-session hype with the Governor's recommendations and the Pomerantz Commission, and then the uncertainty of this last hundred days that the legislative process has had with the education issue. I'm sure when the session closes here in ten minutes we'll have a post session analysis on education on whether we did enough or if we didn't. The minority party brought a couple issues to the table on education. The issues of class size and of infrastructure. They were very legitimate issues. We chose not to address those issues in the same fashion that you would have wanted the legislature to do. We chose a couple different issues to focus on- early childhood and trying to improve the quality of the teachers in this state. One of the reasons we did that is that not every school district has a class size problem and not every school district has an infrastructure problem. Though we did feel that every school will have a kindergarten class next year or a first grade class next year. And every school district needs teachers. This whole focus that we had on early childhood is the beginning of a five-year commitment and 25 or 30 million dollars in this year's appropriation. It's not just money, but looking at this system that takes parents and people in education and people that provide children's services, and collaborating and working together. You know I have four young children. My oldest son just started kindergarten this year. And I was able to attend one of the parent-teacher conferences, I missed a couple of them, from being down here. But up on the wall in the kindergarten classroom are little book worms and there's a scale from 1 to 100. Every time a child in the class had a book read by the parents the worm would move up to 100. As I talked to the teacher about a month ago, all the kids that are at 100 are reading. The ones that are still at 25 or 30 aren't. That proves to me how important parents are in the whole process. Next year when my son starts first grade and he reads, he and the other kids that can read are going to be better off than those that can't. So we just started this early childhood program this year and put a major focus on it. Then when you piggy-back that with K through 3 grants to extend that to those critical early years. And then to top it off, this health insurance program for the uninsured kids in this state. That issue, those three things, didn't receive a lot of publicity this year. Maybe it didn't because there was agreement between us all. It was bipartisan or non-partisan so it didn't make the front pages like some of the other issues that we discussed in the last one hundred and one days. But I think that what we have done in that area will have the most long-lasting effect of this legislative session. We looked at trying to improve the quality of teachers. Representative Mascher, you may think I sit up here and never listen to what some of the members say, but I remember on one of the debates you said this more than once. A teacher has a calling, as a profession, and they are people who care about the kids. But the salaries aren't working. We raise the salaries and provide them some merit pay and some national board incentives, and internships and mentorships. So, if I take a point of personal privilege now to the governor, Governor, I've been one of your quarterbacks up here for the last six years. In the last six years and the last ten years before that... sixteen years, you've called a lot of plays, called most of the plays. But once in awhile the legislature has to call an audible. This is a good bill. We did a good job on education reform. And I encourage you to sign the bill. We oftentimes get criticized that the legislature panders to the voters. But if you look at the impact they had on that issue, those people that have benefited, those little rug rats, can't even vote. So I hope that dispels some of the myth out there in some people's minds that the only thing legislators do is pass legislation that gets them votes. Education wasn't the only issue. Tax cuts and the budget for this biennium two years in a row now. That makes it four years in a row. And as I told my caucus Monday, out of the thousands of people that have served in the legislature, the only ones I can say that cut taxes four years in a row are sitting at the chairs in this chamber right now. That's a nice compliment given all the years the legislature has met. We've heard this word legacy a lot this year. I don't really care about legacies. I personally think this chamber... This chamber does have a legacy. It is the way that you've handled the fiscal affairs of this state. Our number one job is to be good stewards of the tax dollars. And you deserve a pat on the back because you've done exactly that. You've been great stewards of the taxpayers' dollars. I come from an urban area. As I said in my opening day speech I've passed a lot of industries that have taken raw materials that our farmers produce and add value to it. And although we've done a good job in agriculture, I've always believed you're as strong as your weakest link. And agriculture is still our base in the state. I'm glad that we put some focus on that. There's a reason that Monsanto purchased Holden Seeds out of Williamsburg, Iowa. There's a reason that DuPont is purchasing Pioneer. There's going to be a great future in bio-technology, and I hope that Iowa's going to be there to take advantage of that. I think with some of the things that we've done this year in education, we are going to be able to do that. But enough about the accomplishments of this legislature. It is a great job to be Speaker of the House. It is truly an honor and privilege. I wish that you all have this experience. It is a great job. I seriously can't think of a better job. And that includes lieutenant governor. This is an awesome chamber and decor, curtains and chandelier. Just the atmosphere and the debate that we have in here. But that's not what makes this place great. What makes this place great is the people. And if I had one regret this last year, these last four years, is that I needed to spend more time getting to know some of you better. As Speaker you're spending time trying to make sure committees are meeting and bills are coming out of committee, and the agreements came through that were negotiated with the Senate and all this, and you're so focused on the legislative part you don't, it seems like I didn't have time to get to know some of you better. Representative Dotzler I don't know you very well, but people say we look alike- if I would grow a mustache or you would shave yours but we do have one thing in common. I don't have siding on my house, either. I did have an opportunity to visit with some of you in a personal way, and I would like you to know that those conversations have had a big impact on me. I think when we learn more about each other we grow to certainly respect and appreciate. I think that helps us through our discourse here. I learned about another member's bout with alcoholism and what that alcoholism did to that person, his family and the kids, and their struggle. And then I learned about how that person moved through that crisis in their life, and learned the meaning of the value of giving someone a second chance. I learned about another member's bout with breast cancer and the trials and fears associated with that life-threatening disease, and how making it through that has made that individual stronger and more understanding. I learned about one member, it was Christmas time, and they were very poor. They didn't have money to buy any Christmas presents for the kids so that member went out and gave blood so they could make a few bucks to buy their kids some presents for Christmas. It's been one hundred and one days, and I wish sometimes the paper would take every one of you and feature you on the front page of the paper and talk about your lives and what's made you and some of your trials and tribulations. Some people will look at these trials and tribulations that we all go through as negative. I think it may even scare some people off from running for political office. After all, there's only one hundred and sixty people out of 2.9 million that want to sit in these chairs next year. And so I want to congratulate you for being willing to put your name on the ballot, going through the scrutiny, and you're going to have things in your personal life that come up for the campaign. You deserve another pat on the back for that. It's time for the gavel to fall. One of the roles of the Speaker is that he is the Administrator of the House. Frankly I don't spend a lot of time on that. I really delegate all that stuff to Liz, Alyce, the bill room crew, and everybody over here who takes care of things - the doormen, the pages, and staff who make sure everybody's paid. I want to thank you Liz and the full operation here in the House, and my staff for keeping me on the straight and narrow. Representative Schrader, when Representative Bernau was trying to think of something to say about me he wanted to make sure that it would stay out of a brochure. And so I thought what can I say about Representative Schrader that he won't put in his brochure? And I thought, what brochure? We can't find anybody to run against this guy anyway. Dave my thoughts of the minority are ones that keep the majority on their toes. You kept us on our toes. Brent, Representative Siegrist, the longest serving Republican majority leader in the history of this state. My friend, we hit another home run. You're the Mark McGuire of the Iowa House. Time for you to go home and spend some time with Valerie. Time to spend some time with Evan. As for me, I'm going to take that same advice. I'm going to go home and take a few days off and spend some time with my wife and four kids. I want to thank you for giving me the great privilege of standing up here and being Speaker. I wish you all the best, to those of you retiring and those of you that are coming back. Have a great summer. God bless you all. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 22, 1998, adopted the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 122, a concurrent resolution to provide for adjournment sine die. MARY PAT GUNDERSON, Secretary ADOPTION OF SENATE CONCURRENT RESOLUTION 122 Siegrist of Pottawattamie asked and received unanimous consent for the immediate consideration of Senate Concurrent Resolution 122, a concurrent resolution to provide for adjournment sine die, as follows and moved its adoption: 1 SENATE CONCURRENT RESOLUTION 122 2 By: Committee on Rules and Administration 3 a Senate concurrent resolution to provide for 4 adjournment sine die. 5 Be It Resolved by the Senate, the House Concurring, 6 That when adjournment is had on Wednesday, April 22, 7 1998, it be the final adjournment of the 1998 Regular 8 Session of the Seventy-seventh General Assembly. The motion prevailed and the resolution was adopted. FINAL DISPOSITION OF MOTIONS TO RECONSIDER Pursuant to House Rule 73.g, the following motions to reconsider which remained on the House Calendar upon adjournment of the 1998 Regular Session of the Seventy-seventh General Assembly will be considered to have failed: By Houser of Pottawattamie to House File 8, a bill for an act relating to the funding of state mandates, filed on April 20, 1998. By Schrader of Marion to House File 8, a bill for an act relating to the funding of state mandates, filed on April 20, 1998. BILLS SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on April 22, 1998, he approved and transmitted to the Secretary of State the following bills: House File 2175, an act relating to the creation of, and annexation of property to, a sanitary sewer district. House File 2262, an act to permit out-of-state peace officers to act within this state pursuant to agreements with state or local authorities. House File 2275, an act relating to health care providers including the application of records checks to additional providers and the recording and availability of the records of the facility inspections and providing for a repeal. House File 2400, an act providing a procedure for the preservation of a mechanic's lien for materials or labor furnished to a subcontractor and providing for related matters. House File 2424, an act providing for the expansion of the system of issuance of motor vehicle licenses by county treasurers. House File 2472, an act relating to civil penalties imposed for violations of city or county ordinances or city or county infractions. House File 2499, an act relating to and making transportation and other infrastructure-related appropriations to the state department of transportation and other state agencies, including allocation and use of moneys from the general fund of the state, road use tax fund, primary road fund, and the motorcycle rider education fund, providing for the nonreversion of certain moneys, and making statutory changes relating to appropriations. House File 2542, an act regulating bulk dry animal nutrient products, providing for fees and an appropriation, providing penalties, and providing for an effective date. Senate File 466, an act relating to the theft of video rental property and making penalties applicable. Senate File 2372, an act relating to the standard uniforms of sheriffs and deputy sheriffs. Senate File 2391, an act relating to certain drug and alcohol abuse and certain offenses which carry a mandatory minimum sentence, by allowing probation for some operating-while-intoxicated offenders after service of a mandatory minimum sentence, permitting a .15 blood alcohol level to control the penalties applicable to an offender regardless of the margin of error associated with the test device, requiring the imposition of a mandatory minimum penalty for certain methamphetamine offenses, prohibiting the granting of a deferred judgment or sentence or a suspended sentence for certain methamphetamine offenses, providing that persons convicted of certain methamphetamine offenses are ineligible for bail upon appeal, requiring the deletion from motor vehicle records after twelve years of certain youth license revocations for alcohol violations, increasing and adding certain penalties for certain drug offenses, providing for the denial of federal benefits to persons convicted of drug-related offenses, providing for an operating while intoxicated offense for persons driving after taking certain controlled substances, providing privacy and notice in certain drug and alcohol testing situations, making related changes, making penalties applicable, providing effective and retroactive applicability dates. EXPLANATION OF VOTE I was necessarily absent from the House chamber on April 22, 1998. Had I been present, I would have voted "aye" on Senate Files 2068, 2225, and amendment H-9114 to Senate Joint Resolution 2004. CATALDO of Polk PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: One hundred twenty 3rd grade students from Lincoln Elementary School, Clear Lake, accompanied by Mrs. Weigmann, Mrs. Uhlenhopp, Mrs. Allen, Mrs. Tremmel and Mrs. Sorensen. By Blodgett of Cerro Gordo. Twenty-one students from Woodward-Granger High School, Woodward, accompanied by Mr. Johnston. By Richardson of Warren. COMMUNICATION RECEIVED The following communication was received and filed in the office of the Chief Clerk: IOWA WORKFORCE DEVELOPMENT The 1998 Status Report, pursuant to Chapter 96.35, Code of Iowa. CERTIFICATES OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificates of recognition have been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1998\519 Alta Wiley, West Union - For celebrating her 100th birthday. 1998\520 First Presbyterian Church, Des Moines - For celebrating their 150th anniversary. 1998\521 Richard and Lura Miller, Batavia - For celebrating their 50th wedding anniversary. 1998\522 Ray Carroll, Indianola - For celebrating his 80th birthday. 1998\523 Sophia Tracy, Fairfield - For celebrating her 95th birthday. The House stood at ease at 9:08 p.m., until the fall of the gavel.
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