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Ninety-ninth Calendar Day - Sixty-first Session Day Hall of the House of Representatives Des Moines, Iowa, Monday, April 19, 1999 The House met pursuant to adjournment at 1:05 p.m., Speaker Corbett in the chair. Prayer was offered by Reverend David Renfro, pastor of St. Paul Lutheran Church, Aurelia. The Journal of Thursday, April 15, 1999 was approved. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by students from Centennial Elementary School. They were the guest of the Honorable Geri Huser, state representative from Polk County. PETITION FILED The following petition was received and placed on file: By Johnson of Osceola, from thirty-eight constituents favoring an end to daylight savings time. SPECIAL PRESENTATION Grundberg of Polk introduced to the House the following 1999 Presidential Scholars Program Semifinalists; Kristin Bostrom, Newton High School; Stephen Davis, Roosevelt High School and Scott Lerner, Roosevelt High School and were present. Laurel Eckhouse, Roosevelt High School; Matthew Keller, Pleasant Valley High School and Eugena Song, Ames High School were also Semifinalists. Bell of Jasper presented Kristin Bostrom with a certificate and Grundberg of Polk presented certificates to Stephen Davis and Scott Lerner. The House rose and expressed its welcome. TEACHER OF THE DAY Representative Baudler of Adair presented to the House, Jan Wollenhaupt, teacher at Bridgewater-Fontanelle school. Carroll of Poweshiek in the chair at 1:24 p.m. LEAVE OF ABSENCE Leave of absence was granted as follows: Ford of Polk, until his arrival, on request of Kreiman of Davis. SENATE AMENDMENTS CONSIDERED Millage of Scott called up for consideration House File 647, a bill for an act relating to judges, concerning associate juvenile judges, associate probate judges, and retired judges, amended by the Senate, and moved that the House concur in the following Senate amendment H-1578: H-1578 1 Amend House File 647, as passed by the House, as 2 follows: 3 1. Title page, line 1, by inserting after the 4 words "juvenile judges," the following: "and". 5 2. Title page, line 2, by striking the words ", 6 and retired judges". The motion prevailed and the House concurred in the Senate amendment H-1578. Millage of Scott moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 647) The ayes were, 96: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Cataldo Chapman^ Chiodo Cohoon Connors Corbett, Spkr. Cormack Davis Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, none. Absent or not voting, 4: Dix Ford Houser Van Fossen The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. Brauns of Muscatine called up for consideration House File 100, a bill for an act relating to the revocation or suspension of a law enforcement officer's certification, amended by the Senate, and moved that the House concur in the following Senate amendment H-1591: H-1591 1 Amend House File 100, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, line 16, by striking the words 4 "reasons for the resignation" and inserting the 5 following: "reason for the resignation if a 6 substantial likelihood exists that the reason would 7 result in the revocation or suspension of an officer's 8 certification for a violation of the rules". The motion prevailed and the House concurred in the Senate amendment H-1591. Brauns of Muscatine moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 100) The ayes were, 97: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Davis Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, none. Absent or not voting, 3: Dix Ford Houser The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. CONSIDERATION OF BILLS Ways and Means Calendar House File 767, a bill for an act relating to certified capital companies and providing for a certified capital company insurance premium tax credit, was taken up for consideration. The House stood at ease at 1:36 p.m., until the fall of the gavel. The House resumed session at 2:55 p.m., Carroll of Poweshiek in the chair. Frevert of Palo Alto offered amendment H?1636 filed by her as follows: H-1636 1 Amend House File 767 as follows: 2 1. Page 1, by inserting before line 1 the 3 following: 4 "Sec. 100. Section 12.34, Code 1999, is amended to 5 read as follows: 6 12.34 LINKED INVESTMENTS - LIMITATIONS - RULES 7 - MATURITY AND RENEWAL OF CERTIFICATES. 8 1. The treasurer of state may invest up to the 9 lesser ofsixty-eightone hundred fifty million 10 dollars or ten percent of the balance of the state 11 pooled money fund in certificates of deposit in 12 eligible lending institutionspursuanttoas provided 13 in this division. The moneys invested pursuant to 14 this section shall be used as follows: 15 a. The treasurer of state may invest the first 16 sixty-eight million dollars to support programs 17 provided in this division other than the emergency 18 assistance linked deposit program for swine or cattle 19 producers provided in section 12.43A. 20 b. The treasurer of state shall invest the 21 remaining amount to support the emergency assistance 22 linked deposit program for swine or cattle producers 23 as provided in section 12.43A. The treasurer of state 24 shall not make the investment unless a market 25 emergency exists. If a market emergency exists, the 26 treasurer of state shall make the investment 27 immediately. For purposes of this paragraph, a market 28 emergency exists as follows: 29 (1) For swine, a market emergency exists when the 30 market price paid in this state and southern Minnesota 31 for swine per hundredweight on a live basis is less 32 than thirty dollars for thirty consecutive days, 33 according to market news reports published by the 34 agricultural marketing service of the United States 35 department of agriculture. 36 (2) For cattle, a market emergency exists when the 37 market price paid in the midwest and high plains 38 states for cattle per hundredweight on a live basis is 39 less than fifty-six dollars for thirty consecutive 40 days, according to market news reports published by 41 the agricultural marketing service of the United 42 States department of agriculture. 43 2. The treasurer of state shall adopt rules 44 pursuant to chapter 17A to administer this division. 45 The treasurer of state shall consult with the 46 department of agriculture and land stewardship in 47 adopting rules for the administration of the emergency 48 assistance linked deposit program for swine or cattle 49 producers. 50 3. Certificates of deposit placed by the treasurer Page 2 1 of state on or after July 1, 1996, pursuant to this 2 division may be renewed at the option of the treasurer 3 of state. The initial certificate of deposit for a 4 given borrower shall have a maturity of one year and 5 may be renewed for eight additional one-year periods. 6 Sec. 101. NEW SECTION. 12.43A EMERGENCY 7 ASSISTANCE LINKED DEPOSIT PROGRAM FOR SWINE OR CATTLE 8 PRODUCERS. 9 1. As used in this section, unless the context 10 otherwise requires: 11 a. "Actively engaged in farming" means the same as 12 defined in section 10.1. 13 b. "Farming" means the same as defined in section 14 9H.1. 15 2. The treasurer of state shall adopt rules to 16 implement an emergency assistance linked deposit 17 program for swine or cattle producers. The purpose of 18 the program is to increase the availability of lower 19 cost loans to provide emergency financial assistance 20 to farmers threatened with financial calamity due to 21 the market price of swine or cattle. 22 3. The loan shall be subject to all of the 23 following: 24 a. In order to qualify as an eligible borrower, 25 all of the following must apply: 26 (1) The applicant must be a resident of this 27 state. 28 (2) The applicant for the loan must be actively 29 engaged in farming in this state. 30 (3) If the market emergency exists because of the 31 market price paid for swine, the applicant must not 32 have marketed more than five thousand swine during the 33 last twelve months. If the market emergency exists 34 because of the market price paid for cattle, the 35 applicant must not have marketed more than one 36 thousand cattle during the last twelve months. 37 (4) If the market emergency exists because of the 38 market price paid for swine, the applicant must not 39 have provided for the care and feeding of swine under 40 contract. If the market emergency exists because of 41 the market price paid for cattle, the applicant must 42 not have provided for the care and feeding of cattle 43 under contract. 44 (5) The applicant must not have received a loan 45 under this program during the previous twelve months. 46 b. The purpose of the loan must be used to support 47 farming operations on an emergency basis, and may be 48 used to refinance existing debt. 49 4. The maximum loan amount that an eligible 50 borrower may receive under this program is one hundred Page 3 1 thousand dollars." 2 2. Page 18, by inserting after line 32 the 3 following: 4 "Sec. ___. The certified capital company tax 5 credit provided in section 15E.232 shall not be 6 claimed until moneys have been made available for 7 purposes of funding the emergency assistance linked 8 deposit program for swine or cattle established in 9 sections 100 and 101." 10 3. By renumbering as necessary. Weigel of Chickasaw offered the following amendment H?1659, to amendment H?1636, filed by him and moved its adoption: H-1659 1 Amend the amendment, H-1636, to House File 767, as 2 follows: 3 1. Page 2, by inserting after line 5 the 4 following: 5 "Sec. ___. Section 12.40, subsection 1, Code 1999, 6 is amended to read as follows: 7 1. As used in this section, "rural small business" 8 meansanexistinga rural small business, for which 9 local competition does not exist in the principal 10 realm of business activity of that business,andthe11lossofwhichwillworkahardshipontherural12community.Aruralsmallbusinessmayincludea13grocerystore,drugstore,gasolinestation,14conveniencestore,hardwarebusiness,orfarmsupply15store.Aruralsmallbusinessdoesnotincludeanew16business.17 Sec. ___. Section 12.40, subsection 5, Code 1999, 18 is amended by striking the subsection." Amendment H?1659 was adopted. Teig of Hamilton rose on a point of order that amendment H-1636, as amended, was not germane. The Speaker ruled the point well taken and amendment H-1636, as amended, was not germane. Jochum of Dubuque asked and received unanimous consent to withdraw amendment H-1637 filed by Jochum, et al., on April 15, 1999. Teig of Hamilton 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. 767) The ayes were, 97: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Davis Dix Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens^ Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, 1: Doderer Absent or not voting, 1: Hansen Under the provision of Rule 76, conflict of interest, Jacobs of Polk refrained from voting. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 513 WITHDRAWN Teig of Hamilton asked and received unanimous consent to withdraw House File 513 from further consideration by the House. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 767 be immediately messaged to the Senate. SPECIAL PRESENTATION Ford of Polk and Raecker of Polk presented to the House the Drake Women's Basketball Team. The House Rose and expressed its welcome. ADOPTION OF HOUSE RESOLUTION 17 Siegrist of Pottawattamie called up for consideration House Resolution 17, a resolution congratulating the Drake Women's Basketball Team, and moved its adoption. The motion prevailed and the resolution was adopted. IMMEDIATE MESSAGES Rants of Woodbury asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 100 and 647. Unfinished Business Calendar House File 248, a bill for an act providing a sales and use tax exemption for hospices, with report of committee recommending passage, was taken up for consideration. Richardson of Warren asked and received unanimous consent to withdraw amendment H-1098 filed by him on March 16, 1999. Speaker Corbett in the chair at 3:37 p.m. Blodgett of Cerro Gordo offered the following amendment H?1038 filed by him and moved its adoption: H-1038 1 Amend House File 248 as follows: 2 1. Page 1, line 5, by inserting after the word 3 "freestanding" the following: "nonprofit". 4 2. Page 1, line 6, by striking the words "in 5 accordance with" and inserting the following: "as 6 defined in". 7 3. Page 1, line 7, by striking the word and 8 figure "pt. 418" and inserting the following: "§ 9 418.3". Amendment H?1038 was adopted. SENATE FILE 231 SUBSTITUTED FOR HOUSE FILE 248 Blodgett of Cerro Gordo asked and received unanimous consent to substitute Senate File 231 for House File 248. Senate File 231, a bill for an act providing a sales and use tax exemption for hospices, was taken up for consideration. Richardson of Warren offered the following amendment H?1102 filed by him and moved its adoption: H-1102 1 Amend Senate File 231, as passed by the Senate, as 2 follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. Section 422.43, Code 1999, is amended 6 by adding the following new subsection: 7 NEW SUBSECTION. 14. There is imposed a tax of 8 five percent upon the gross receipts from the sales or 9 rental of tangible personal property to a hospital or 10 from services performed, rendered, or furnished to a 11 hospital or hospice where the sales or services are on 12 behalf of a clinic or off-site pharmacy. A tax at a 13 like rate is imposed on the gross receipts from the 14 sales or rental of tangible personal property by a 15 hospital or hospice to a clinic or off-site pharmacy 16 or from services performed, rendered, or furnished by 17 a hospital to a clinic or off-site pharmacy. 18 For purposes of this subsection: 19 a. "Hospice" means a facility which operates a 20 hospice program as defined in 42 C.F.R., ch. IV, § 21 418.3. 22 b. "Hospital" means a hospital licensed pursuant 23 to chapter 135B. 24 c. "Off-site pharmacy" means a pharmacy not 25 located within a hospital or in close proximity to a 26 hospital. 27 Sec. 2. Section 422.45, subsections 3 and 54, Code 28 1999, are amended to read as follows: 29 3. The gross receipts from sales of educational, 30 religious, or charitable activities, where the entire 31 proceeds from the sales are expended for educational, 32 religious, or charitable purposes, except the gross 33 receipts from games of skill, games of chance, raffles 34 and bingo games as defined in chapter 99B. This 35 exemption is disallowed on the amount of the gross 36 receipts only to the extent the gross receipts are not 37 expended for educational, religious, or charitable 38 purposes. This exemption is disallowed for the gross 39 receipts from transactions taxed under section 422.43, 40 subsection 14. 41 54. The gross receipts from the sale or rental of 42 tangible personal property or from services performed, 43 rendered, or furnished to a nonprofit hospital 44 licensed pursuant to chapter 135B to be used in the 45 operation of the hospital. This exemption is 46 disallowed for the gross receipts from transactions 47 taxed under section 422.43, subsection 14." 48 2. Title page, line 1, by inserting after the 49 word "hospices" the following: "and relating to sales 50 and services made to or by hospitals or hospices on Page 2 1 behalf of or to clinics and off-site pharmacies under 2 the sales and use taxes". 3 3. By renumbering as necessary. A non-record roll call was requested. The ayes were 26, nays 47. Amendment H?1102 lost. Blodgett of Cerro Gordo 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. 231) The ayes were, 97: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Cohoon Connors Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel^ Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 3: Chapman Fallon Parmenter Absent or not voting were, none. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 248 WITHDRAWN Blodgett of Cerro Gordo asked and received unanimous consent to withdraw House File 248 from further consideration by the House. IMMEDIATE MESSAGE Rants of Woodbury asked and received unanimous consent that Senate File 231 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 19, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 296, a bill for an act to restrict the posting of bond for the offense of felony stalking. Also: That the Senate has on April 19, 1999, passed the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 17, a concurrent resolution to urge that the United States Congress enact and the United States Department of Agriculture implement measures necessary in order to allow the interstate sale of meat and poultry products by state-inspected establishments. Also: That the Senate has on April 19, 1999, passed the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 18, a concurrent resolution requesting the Department of Education to cooperate with the Iowa Arts Council in administering a contest for students to submit design proposals for Iowa's participation in the United States Mint's 50 state quarters program. MICHAEL E. MARSHALL, Secretary Appropriations Calendar Senate File 468, a bill for an act relating to and making appropriations to the justice system and providing effective dates, with report of committee recommending amendment and passage, was taken up for consideration. Garman of Story offered amendment H-1588 filed by the committee on appropriations as follows: H-1588 1 Amend Senate File 468, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. By striking everything after the enacting 4 clause and inserting the following: 5 "Section 1. DEPARTMENT OF JUSTICE. There is 6 appropriated from the general fund of the state to the 7 department of justice for the fiscal year beginning 8 July 1, 1999, and ending June 30, 2000, the following 9 amounts, or so much thereof as is necessary, to be 10 used for the purposes designated: 11 1. For the general office of attorney general for 12 salaries, support, maintenance, miscellaneous purposes 13 including odometer fraud enforcement, and for not more 14 than the following full-time equivalent positions: 15 $ 8,207,153 16 FTEs 190.50 17 2. For the prosecuting attorney training program 18 for salaries, support, maintenance, miscellaneous 19 purposes, and for not more than the following full- 20 time equivalent positions: 21 $ 298,825 22 FTEs 6.00 23 3. In addition to the funds appropriated in 24 subsection 1, there is appropriated from the general 25 fund of the state to the department of justice for the 26 fiscal year beginning July 1, 1999, and ending June 27 30, 2000, an amount not exceeding $200,000 to be used 28 for the enforcement of the Iowa competition law. The 29 funds appropriated in this subsection are contingent 30 upon receipt by the general fund of the state of an 31 amount at least equal to the expenditure amount from 32 either damages awarded to the state or a political 33 subdivision of the state by a civil judgment under 34 chapter 553, if the judgment authorizes the use of the 35 award for enforcement purposes or costs or attorneys 36 fees awarded the state in state or federal antitrust 37 actions. However, if the amounts received as a result 38 of these judgments are in excess of $200,000, the 39 excess amounts shall not be appropriated to the 40 department of justice pursuant to this subsection. 41 4. In addition to the funds appropriated in 42 subsection 1, there is appropriated from the general 43 fund of the state to the department of justice for the 44 fiscal year beginning July 1, 1999, and ending June 45 30, 2000, an amount not exceeding $150,000 to be used 46 for public education relating to consumer fraud and 47 for enforcement of section 714.16, and an amount not 48 exceeding $75,000 for investigation, prosecution, and 49 consumer education relating to consumer and criminal 50 fraud against older Iowans. The funds appropriated in Page 2 1 this subsection are contingent upon receipt by the 2 general fund of the state of an amount at least equal 3 to the expenditure amount from damages awarded to the 4 state or a political subdivision of the state by a 5 civil consumer fraud judgment or settlement, if the 6 judgment or settlement authorizes the use of the award 7 for public education on consumer fraud. However, if 8 the funds received as a result of these judgments and 9 settlements are in excess of $225,000, the excess 10 funds shall not be appropriated to the department of 11 justice pursuant to this subsection. 12 5. For victim assistance grants: 13 $ 1,935,806 14 a. The funds appropriated in this subsection shall 15 be used to provide grants to care providers providing 16 services to crime victims of domestic abuse or to 17 crime victims of rape and sexual assault. 18 b. Notwithstanding sections 8.33 and 8.39, moneys 19 appropriated in this subsection that remain 20 unencumbered or unobligated at the close of the fiscal 21 year shall not revert but shall remain available for 22 expenditure during the subsequent fiscal year for the 23 same purpose, and shall not be transferred to any 24 other program. 25 6. For the GASA prosecuting attorney program and 26 for not more than the following full-time equivalent 27 positions: 28 $ 128,302 29 FTEs 2.00 30 7. The balance of the victim compensation fund 31 established in section 915.94 may be used to provide 32 salary and support of not more than 17.00 FTEs and to 33 provide maintenance for the victim compensation 34 functions of the department of justice. 35 8. The department of justice shall submit monthly 36 financial statements to the legislative fiscal bureau 37 and the department of management containing all 38 appropriated accounts in the same manner as provided 39 in the monthly financial status reports and personal 40 services usage reports of the department of revenue 41 and finance. The monthly financial statements shall 42 include comparisons of the moneys and percentage spent 43 of budgeted to actual revenues and expenditures on a 44 cumulative basis for full-time equivalent positions 45 and available moneys. 46 9. a. The department of justice, in submitting 47 budget estimates for the fiscal year commencing July 48 1, 2000, pursuant to section 8.23, shall include a 49 report of funding from sources other than amounts 50 appropriated directly from the general fund of the Page 3 1 state to the department of justice or to the office of 2 consumer advocate. These funding sources shall 3 include, but are not limited to, reimbursements from 4 other state agencies, commissions, boards, or similar 5 entities, and reimbursements from special funds or 6 internal accounts within the department of justice. 7 The department of justice shall report actual 8 reimbursements for the fiscal year commencing July 1, 9 1998, and actual and expected reimbursements for the 10 fiscal year commencing July 1, 1999. 11 b. The department of justice shall include the 12 report required under paragraph "a", as well as 13 information regarding any revisions occurring as a 14 result of reimbursements actually received or expected 15 at a later date, in a report to the co-chairpersons 16 and ranking members of the joint appropriations 17 subcommittee on the justice system and the legislative 18 fiscal bureau. The department of justice shall submit 19 the report on or before January 15, 2000. 20 10. For legal services for persons in poverty 21 grants as provided in section 13.34: 22 $ 600,000 23 As a condition for accepting a grant funded 24 pursuant to this subsection, an organization receiving 25 a grant shall submit a report to the general assembly 26 by January 1, 2000, concerning the use of any grants 27 received during the previous fiscal year and efforts 28 made by the organization to find alternative sources 29 of revenue to replace any reductions in federal 30 funding for the organization. 31 Sec. 2. DEPARTMENT OF JUSTICE - ENVIRONMENTAL 32 CRIMES INVESTIGATION AND PROSECUTION - FUNDING. 33 There is appropriated from the environmental crime 34 fund of the department of justice, consisting of 35 court-ordered fines and penalties awarded to the 36 department arising out of the prosecution of 37 environmental crimes, to the department of justice for 38 the fiscal year beginning July 1, 1999, and ending 39 June 30, 2000, an amount not exceeding $20,000 to be 40 used by the department, at the discretion of the 41 attorney general, for the investigation and 42 prosecution of environmental crimes, including the 43 reimbursement of expenses incurred by county, 44 municipal, and other local governmental agencies 45 cooperating with the department in the investigation 46 and prosecution of environmental crimes. 47 The funds appropriated in this section are 48 contingent upon receipt by the environmental crime 49 fund of the department of justice of an amount at 50 least equal to the appropriations made in this section Page 4 1 and received from contributions, court-ordered 2 restitution as part of judgments in criminal cases, 3 and consent decrees entered into as part of civil or 4 regulatory enforcement actions. However, if the funds 5 received during the fiscal year are in excess of 6 $20,000, the excess funds shall be deposited in the 7 general fund of the state. 8 Notwithstanding section 8.33, moneys appropriated 9 in this section that remain unexpended or unobligated 10 at the close of the fiscal year shall not revert to 11 the environmental crime fund but shall remain 12 available for expenditure for the purpose designated 13 until the close of the succeeding fiscal year. 14 Sec. 3. OFFICE OF CONSUMER ADVOCATE. There is 15 appropriated from the general fund of the state to the 16 office of consumer advocate of the department of 17 justice for the fiscal year beginning July 1, 1999, 18 and ending June 30, 2000, the following amount, or so 19 much thereof as is necessary, to be used for the 20 purposes designated: 21 For salaries, support, maintenance, miscellaneous 22 purposes, and for not more than the following full- 23 time equivalent positions: 24 $ 2,623,170 25 FTEs 32.00 26 Sec. 4. DEPARTMENT OF CORRECTIONS - FACILITIES. 27 There is appropriated from the general fund of the 28 state to the department of corrections for the fiscal 29 year beginning July 1, 1999, and ending June 30, 2000, 30 the following amounts, or so much thereof as is 31 necessary, to be used for the purposes designated: 32 1. For the operation of adult correctional 33 institutions, reimbursement of counties for certain 34 confinement costs, and federal prison reimbursement, 35 to be allocated as follows: 36 a. For the operation of the Fort Madison 37 correctional facility, including salaries, support, 38 maintenance, employment of correctional officers, 39 miscellaneous purposes, and for not more than the 40 following full-time equivalent positions: 41 $ 28,459,808 42 FTEs 502.00 43 b. For the operation of the Anamosa correctional 44 facility, including salaries, support, maintenance, 45 employment of correctional officers and a part-time 46 chaplain to provide religious counseling to inmates of 47 a minority race, miscellaneous purposes, and for not 48 more than the following full-time equivalent 49 positions: 50 $ 23,133,514 Page 5 1 FTEs 394.25 2 Moneys are provided within this appropriation for 3 two full-time substance abuse counselors for the 4 Luster Heights facility, for the purpose of 5 certification of a substance abuse program at that 6 facility. 7 c. For the operation of the Oakdale correctional 8 facility, including salaries, support, maintenance, 9 employment of correctional officers, miscellaneous 10 purposes, and for not more than the following full- 11 time equivalent positions: 12 $ 19,975,313 13 FTEs 338.80 14 d. For the operation of the Newton correctional 15 facility, including salaries, support, maintenance, 16 employment of correctional officers, miscellaneous 17 purposes, and for not more than the following full- 18 time equivalent positions: 19 $ 22,024,146 20 FTEs 392.25 21 e. For the operation of the Mt. Pleasant 22 correctional facility, including salaries, support, 23 maintenance, employment of correctional officers and a 24 full-time chaplain to provide religious counseling at 25 the Oakdale and Mt. Pleasant correctional facilities, 26 miscellaneous purposes, and for not more than the 27 following full-time equivalent positions: 28 $ 19,766,574 29 FTEs 337.26 30 f. For the operation of the Rockwell City 31 correctional facility, including salaries, support, 32 maintenance, employment of correctional officers, 33 miscellaneous purposes, and for not more than the 34 following full-time equivalent positions: 35 $ 6,934,936 36 FTEs 120.00 37 g. For the operation of the Clarinda correctional 38 facility, including salaries, support, maintenance, 39 employment of correctional officers, miscellaneous 40 purposes, and for not more than the following full- 41 time equivalent positions: 42 $ 17,455,368 43 FTEs 285.90 44 Moneys received by the department of corrections as 45 reimbursement for services provided to the Clarinda 46 youth corporation are appropriated to the department 47 and shall be used for the purpose of operating the 48 Clarinda correctional facility. 49 h. For the operation of the Mitchellville 50 correctional facility, including salaries, support, Page 6 1 maintenance, employment of correctional officers, 2 miscellaneous purposes, and for not more than the 3 following full-time equivalent positions: 4 $ 10,353,659 5 FTEs 191.00 6 i. For the operation of the Fort Dodge 7 correctional facility, including salaries, support, 8 maintenance, employment of correctional officers, 9 miscellaneous purposes, and for not more than the 10 following full-time equivalent positions: 11 $ 22,208,114 12 FTEs 358.00 13 j. For reimbursement of counties for temporary 14 confinement of work release and parole violators, as 15 provided in sections 901.7, 904.908, and 906.17 and 16 for offenders confined pursuant to section 904.513: 17 $ 524,038 18 k. For federal prison reimbursement, 19 reimbursements for out-of-state placements, and 20 miscellaneous contracts: 21 $ 341,334 22 The department of corrections shall use funds 23 appropriated in this subsection to continue to 24 contract for the services of a Muslim imam. 25 2. a. If the inmate tort claim fund for inmate 26 claims of less than $100 is exhausted during the 27 fiscal year, sufficient funds shall be transferred 28 from the institutional budgets to pay approved tort 29 claims for the balance of the fiscal year. The warden 30 or superintendent of each institution or correctional 31 facility shall designate an employee to receive, 32 investigate, and recommend whether to pay any properly 33 filed inmate tort claim for less than the above 34 amount. The designee's recommendation shall be 35 approved or denied by the warden or superintendent and 36 forwarded to the department of corrections for final 37 approval and payment. The amounts appropriated to 38 this fund pursuant to 1987 Iowa Acts, chapter 234, 39 section 304, subsection 2, are not subject to 40 reversion under section 8.33. 41 b. Tort claims denied at the institution shall be 42 forwarded to the state appeal board for their 43 consideration as if originally filed with that body. 44 This procedure shall be used in lieu of chapter 669 45 for inmate tort claims of less than $100. 46 3. It is the intent of the general assembly that 47 the department of corrections shall timely fill 48 correctional positions authorized for correctional 49 facilities pursuant to this section. 50 Sec. 5. DEPARTMENT OF CORRECTIONS - Page 7 1 ADMINISTRATION. There is appropriated from the 2 general fund of the state to the department of 3 corrections for the fiscal year beginning July 1, 4 1999, and ending June 30, 2000, the following amounts, 5 or so much thereof as is necessary, to be used for the 6 purposes designated: 7 1. For general administration, including salaries, 8 support, maintenance, employment of an education 9 director and clerk to administer a centralized 10 education program for the correctional system, 11 miscellaneous purposes, and for not more than the 12 following full-time equivalent positions: 13 $ 4,416,916 14 FTEs 37.18 15 The department shall monitor the use of the 16 classification model by the judicial district 17 departments of correctional services and has the 18 authority to override a district department's decision 19 regarding classification of community-based clients. 20 The department shall notify a district department of 21 the reasons for the override. 22 It is the intent of the general assembly that as a 23 condition of receiving the appropriation provided in 24 this subsection, the department of corrections shall 25 not enter into a new contract, unless the contract is 26 a renewal of an existing contract, for the expenditure 27 of moneys in excess of $100,000 during the fiscal year 28 beginning July 1, 1999, for the privatization of 29 services performed by the department using state 30 employees as of July 1, 1999, or for the privatization 31 of new services by the department, without prior 32 consultation with any applicable state employee 33 organization affected by the proposed new contract and 34 prior notification of the co-chairpersons and ranking 35 members of the joint appropriations subcommittee on 36 the justice system. 37 The department of general services shall, 38 notwithstanding any provisions of law or rule to the 39 contrary, permit the department of corrections the 40 opportunity to acquire, at no cost, computers that 41 would otherwise be disposed of by the department of 42 general services. The department of corrections shall 43 use computers acquired under this paragraph to provide 44 educational training and programs for inmates. 45 It is the intent of the general assembly that each 46 lease negotiated by the department of corrections with 47 a private corporation for the purpose of providing 48 private industry employment of inmates in a 49 correctional institution shall prohibit the private 50 corporation from utilizing inmate labor for partisan Page 8 1 political purposes for any person seeking election to 2 public office in this state and that a violation of 3 this requirement shall result in a termination of the 4 lease agreement. 5 It is the intent of the general assembly that as a 6 condition of receiving the appropriation provided in 7 this subsection, the department of corrections shall 8 not enter into a lease or contractual agreement 9 pursuant to section 904.809 with a private corporation 10 for the use of building space for the purpose of 11 providing inmate employment without providing that the 12 terms of the lease or contract establish safeguards to 13 restrict, to the greatest extent feasible, access by 14 inmates working for the private corporation to 15 personal identifying information of citizens. 16 2. For salaries, support, maintenance, 17 miscellaneous purposes, and for not more than the 18 following full-time equivalent positions at the 19 correctional training center at Mt. Pleasant: 20 $ 486,847 21 FTEs 8.07 22 3. For annual payment relating to the financial 23 arrangement for the construction of expansion in 24 prison capacity as provided in 1990 Iowa Acts, chapter 25 1257, section 24: 26 $ 3,180,815 27 4. For educational programs for inmates at state 28 penal institutions: 29 $ 3,294,775 30 It is the intent of the general assembly that 31 moneys appropriated in this subsection shall be used 32 solely for the purpose indicated and that the moneys 33 shall not be transferred for any other purpose. In 34 addition, it is the intent of the general assembly 35 that the department shall consult with the community 36 colleges in the areas in which the institutions are 37 located to utilize moneys appropriated in this 38 subsection to fund the high school completion, high 39 school equivalency diploma, adult literacy, and adult 40 basic education programs in a manner so as to maintain 41 these programs at the institutions. 42 To maximize the funding for educational programs, 43 the department shall establish guidelines and 44 procedures to prioritize the availability of 45 educational and vocational training for inmates based 46 upon the goal of facilitating an inmate's successful 47 release from the correctional institution. 48 Notwithstanding section 8.33, moneys appropriated 49 in this subsection that remain unobligated or 50 unexpended at the close of the fiscal year shall not Page 9 1 revert but shall remain available for expenditure only 2 for the purposes designated in this subsection until 3 the close of the succeeding fiscal year. 4 5. The department of corrections shall submit a 5 report to the general assembly on January 1, 2000, 6 concerning progress made in implementing the 7 requirements of section 904.701, concerning hard labor 8 by inmates. 9 6. It is the intent of the general assembly that 10 the department of corrections shall continue to 11 operate the correctional farms under the control of 12 the department at the same or greater level of 13 participation and involvement as existed as of January 14 1, 1999, shall not enter into any rental agreement or 15 contract concerning any farm land under the control of 16 the department that is not subject to a rental 17 agreement or contract as of January 1, 1999, without 18 prior legislative approval, and shall further attempt 19 to provide job opportunities at the farms for inmates. 20 The department shall attempt to provide job 21 opportunities at the farms for inmates by encouraging 22 labor-intensive farming or gardening where 23 appropriate, using inmates to grow produce and meat 24 for institutional consumption, researching the 25 possibility of instituting food canning and cook-and- 26 chill operations, and exploring opportunities for 27 organic farming and gardening, livestock ventures, 28 horticulture, and specialized crops. 29 7. The department of corrections shall submit a 30 report to the general assembly by January 1, 2000, 31 concerning moneys recouped from inmate earnings for 32 the reimbursement of operational expenses of the 33 applicable facility during the fiscal year beginning 34 July 1, 1998, for each correctional institution and 35 judicial district department of correctional services. 36 In addition, each correctional institution and 37 judicial district department of correctional services 38 shall continue to submit a report to each member of 39 the joint appropriations subcommittee on the justice 40 system and the legislative fiscal bureau on a monthly 41 basis concerning moneys recouped from inmate earnings 42 for the reimbursement of operational expenses for each 43 correctional institution and district department 44 during the previous calendar month. 45 8. The department of corrections shall submit a 46 report to the general assembly by January 10, 2000, 47 concerning the medical treatment of inmates at the 48 Fort Madison correctional facility. The study shall 49 examine the current method of providing medical 50 treatment and care to inmates through a contract with Page 10 1 a private entity and shall particularly study the 2 costs associated with providing care through the 3 private contract and the level of care provided to 4 inmates pursuant to that contract. The department 5 shall compare the costs and care provided at Fort 6 Madison with the costs and care provided at other 7 correctional facilities that do not provide the care 8 through a private contract. In addition, the 9 department shall solicit input from medical care 10 professionals, including those professionals within 11 the department and others, if applicable, concerning 12 the level of care provided to inmates at Fort Madison 13 and to solicit suggestions for providing a high level 14 of care at the facility at reasonable cost. The study 15 shall include a report of the findings and 16 recommendations of the department. 17 Sec. 6. DEPARTMENT OF CORRECTIONS - PRISON 18 INFRASTRUCTURE FUND. Notwithstanding sections 8.33, 19 8.39, and 602.8108A, the department of corrections 20 shall direct the treasurer of state to transfer on 21 June 30, 1999, $1,500,000 of the unused balance of 22 moneys in the Iowa prison infrastructure fund created 23 in section 602.8108A, to the department of corrections 24 and the moneys transferred are appropriated to be used 25 for the purposes designated: 26 1. For one-time start-up costs for equipment and 27 furnishings at the Iowa correctional institution for 28 women: 29 $ 500,000 30 2. For one-time start-up costs for equipment and 31 furnishings at the Fort Dodge correctional facility: 32 $ 1,000,000 33 Sec. 7. JUDICIAL DISTRICT DEPARTMENTS OF 34 CORRECTIONAL SERVICES. 35 1. There is appropriated from the general fund of 36 the state to the department of corrections for the 37 fiscal year beginning July 1, 1999, and ending June 38 30, 2000, the following amounts, or so much thereof as 39 is necessary, to be allocated as follows: 40 a. For the first judicial district department of 41 correctional services, including the treatment and 42 supervision of probation and parole violators who have 43 been released from the department of corrections 44 violator program, the following amount, or so much 45 thereof as is necessary: 46 $ 8,162,528 47 b. For the second judicial district department of 48 correctional services, including the treatment and 49 supervision of probation and parole violators who have 50 been released from the department of corrections Page 11 1 violator program, the following amount, or so much 2 thereof as is necessary: 3 $ 6,450,779 4 c. For the third judicial district department of 5 correctional services, including the treatment and 6 supervision of probation and parole violators who have 7 been released from the department of corrections 8 violator program, the following amount, or so much 9 thereof as is necessary: 10 $ 4,051,516 11 d. For the fourth judicial district department of 12 correctional services, including the treatment and 13 supervision of probation and parole violators who have 14 been released from the department of corrections 15 violator program, the following amount, or so much 16 thereof as is necessary: 17 $ 3,016,517 18 e. For the fifth judicial district department of 19 correctional services, including the treatment and 20 supervision of probation and parole violators who have 21 been released from the department of corrections 22 violator program, the following amount, or so much 23 thereof as is necessary: 24 $ 11,394,621 25 f. For the sixth judicial district department of 26 correctional services, including the treatment and 27 supervision of probation and parole violators who have 28 been released from the department of corrections 29 violator program, the following amount, or so much 30 thereof as is necessary: 31 $ 8,421,871 32 g. For the seventh judicial district department of 33 correctional services, including the treatment and 34 supervision of probation and parole violators who have 35 been released from the department of corrections 36 violator program, the following amount, or so much 37 thereof as is necessary: 38 $ 5,033,673 39 h. For the eighth judicial district department of 40 correctional services, including the treatment and 41 supervision of probation and parole violators who have 42 been released from the department of corrections 43 violator program, the following amount, or so much 44 thereof as is necessary: 45 $ 4,884,454 46 i. For the department of corrections for the 47 assistance and support of each judicial district 48 department of correctional services, the following 49 amount, or so much thereof as is necessary: 50 $ 83,576 Page 12 1 2. Each judicial district department of 2 correctional services shall continue programs and 3 plans established within that district to provide for 4 intensive supervision, sex offender treatment, 5 diversion of low-risk offenders to the least 6 restrictive sanction available, job development, and 7 expanded use of intermediate criminal sanctions. 8 3. The department of corrections shall continue to 9 contract with a judicial district department of 10 correctional services to provide for the rental of 11 electronic monitoring equipment which shall be 12 available statewide. 13 4. Each judicial district department of 14 correctional services and the department of 15 corrections shall continue the treatment alternatives 16 to street crime programs established in 1989 Iowa 17 Acts, chapter 225, section 9. 18 5. The governor's alliance on substance abuse 19 shall consider federal grants made to the department 20 of corrections for the benefit of each of the eight 21 judicial district departments of correctional services 22 as local government grants, as defined pursuant to 23 federal regulations. 24 6. Each judicial district department of 25 correctional services shall provide a report 26 concerning the treatment and supervision of probation 27 and parole violators who have been released from the 28 department of corrections violator program, to the co- 29 chairpersons and ranking members of the joint 30 appropriations subcommittee on the justice system and 31 the legislative fiscal bureau, on or before January 32 15, 2000. 33 7. In addition to the requirements of section 34 8.39, the department of corrections shall not make an 35 intradepartmental transfer of moneys appropriated to 36 the department, unless notice of the intradepartmental 37 transfer is given prior to its effective date to the 38 legislative fiscal bureau. The notice shall include 39 information on the department's rationale for making 40 the transfer and details concerning the work load and 41 performance measures upon which the transfers are 42 based. 43 8. Each judicial district department of 44 correctional services shall submit a report to the 45 general assembly by January 8, 2000, concerning what 46 action, if any, the district department has taken in 47 order to implement, or not implement, an intermediate 48 criminal sanctions program as provided by section 49 901B.1. If the district department has implemented 50 such a program, the report shall include information Page 13 1 as to the effectiveness of the program. 2 Sec. 8. CORRECTIONAL INSTITUTIONS - VOCATIONAL 3 TRAINING. 4 1. The state prison industries board and the 5 department of corrections shall continue the 6 implementation of a plan to enhance vocational 7 training opportunities within the correctional 8 institutions listed in section 904.102, as provided in 9 1993 Iowa Acts, chapter 171, section 12. The plan 10 shall provide for increased vocational training 11 opportunities within the correctional institutions, 12 including the possibility of approving community 13 college credit for inmates working in prison 14 industries. The department of corrections shall 15 provide a report concerning the implementation of the 16 plan to the co-chairpersons and ranking members of the 17 joint appropriations subcommittee on the justice 18 system and the legislative fiscal bureau, on or before 19 January 15, 2000. 20 2. It is the intent of the general assembly that 21 each correctional facility make all reasonable efforts 22 to maintain vocational education programs for inmates 23 and to identify available funding sources to continue 24 these programs. The department of corrections shall 25 submit a report to the general assembly by January 1, 26 2000, concerning the efforts made by each correctional 27 facility in maintaining vocational education programs 28 for inmates. 29 Sec. 9. STATE AGENCY PURCHASES FROM PRISON 30 INDUSTRIES. 31 1. As used in this section, unless the context 32 otherwise requires, "state agency" means the 33 government of the state of Iowa, including but not 34 limited to all executive departments, agencies, 35 boards, bureaus, and commissions, the judicial branch, 36 the general assembly and all legislative agencies, 37 institutions within the purview of the state board of 38 regents, and any corporation whose primary function is 39 to act as an instrumentality of the state. 40 2. State agencies are hereby encouraged to 41 purchase products from Iowa state industries, as 42 defined in section 904.802, when purchases are 43 required and the products are available from Iowa 44 state industries. 45 3. State agencies shall submit to the legislative 46 fiscal bureau by January 15, 2000, a report of the 47 dollar value of products and services purchased from 48 Iowa state industries by the state agency during the 49 fiscal year beginning July 1, 1998, and ending June 50 30, 1999. Page 14 1 Sec. 10. STATE PUBLIC DEFENDER. There is 2 appropriated from the general fund of the state to the 3 office of the state public defender of the department 4 of inspections and appeals for the fiscal year 5 beginning July 1, 1999, and ending June 30, 2000, the 6 following amount, or so much thereof as is necessary, 7 for the purposes designated: 8 $ 33,790,652 9 The funds appropriated and full-time equivalent 10 positions authorized in this section are allocated as 11 follows: 12 1. For salaries, support, maintenance, and 13 miscellaneous purposes, and for not more than the 14 following full-time equivalent positions: 15 $ 13,389,276 16 FTEs 201.00 17 2. For the fees of court-appointed attorneys for 18 indigent adults and juveniles, in accordance with 19 section 232.141 and chapter 815: 20 $ 20,401,376 21 Sec. 11. JUDICIAL BRANCH. There is appropriated 22 from the general fund of the state to the judicial 23 branch for the fiscal year beginning July 1, 1999, and 24 ending June 30, 2000, the following amounts, or so 25 much thereof as is necessary, to be used for the 26 purposes designated: 27 1. For salaries of supreme court justices, 28 appellate court judges, district court judges, 29 district associate judges, judicial magistrates and 30 staff, state court administrator, clerk of the supreme 31 court, district court administrators, clerks of the 32 district court, juvenile court officers, board of law 33 examiners and board of examiners of shorthand 34 reporters and judicial qualifications commission, 35 receipt and disbursement of child support payments, 36 reimbursement of the auditor of state for expenses 37 incurred in completing audits of the offices of the 38 clerks of the district court during the fiscal year 39 beginning July 1, 1999, and maintenance, equipment, 40 and miscellaneous purposes: 41 $105,045,862 42 a. The judicial branch, except for purposes of 43 internal processing, shall use the current state 44 budget system, the state payroll system, and the Iowa 45 finance and accounting system in administration of 46 programs and payments for services, and shall not 47 duplicate the state payroll, accounting, and budgeting 48 systems. 49 b. The judicial branch shall submit monthly 50 financial statements to the legislative fiscal bureau Page 15 1 and the department of management containing all 2 appropriated accounts in the same manner as provided 3 in the monthly financial status reports and personal 4 services usage reports of the department of revenue 5 and finance. The monthly financial statements shall 6 include a comparison of the dollars and percentage 7 spent of budgeted versus actual revenues and 8 expenditures on a cumulative basis for full-time 9 equivalent positions and dollars. 10 c. The judicial branch shall continue to assist in 11 the development and implementation of a justice data 12 warehouse which shall include in the Iowa court 13 information system starting with appointments of 14 counsel made on or after July 1, 1999, the means to 15 identify any case where the court has determined 16 indigence, and whether the case is handled by a public 17 defender or other court-appointed counsel. 18 d. Of the funds appropriated in this subsection, 19 not more than $1,897,728 may be transferred into the 20 revolving fund established pursuant to section 21 602.1302, subsection 3, to be used for the payment of 22 jury and witness fees and mileage. 23 e. The judicial branch shall focus efforts upon 24 the collection of delinquent fines, penalties, court 25 costs, fees, surcharges, or similar amounts. 26 f. It is the intent of the general assembly that 27 the offices of the clerks of the district court 28 operate in all ninety-nine counties and be accessible 29 to the public as much as is reasonably possible in 30 order to address the relative needs of the citizens of 31 each county. 32 g. In addition to the requirements for transfers 33 under section 8.39, the judicial branch shall not 34 change the appropriations from the amounts 35 appropriated to the branch in this Act, unless notice 36 of the revisions is given prior to their effective 37 date to the legislative fiscal bureau. The notice 38 shall include information on the branch's rationale 39 for making the changes and details concerning the work 40 load and performance measures upon which the changes 41 are based. 42 h. The judicial branch shall provide to the co- 43 chairpersons and ranking members of the joint 44 appropriations subcommittee on the justice system and 45 to the legislative fiscal bureau by January 15, 2000, 46 an annual report concerning the operation and use of 47 the Iowa court information system and any 48 recommendations to improve the utilization of the 49 system. The annual report shall include information 50 specifying the amounts of fines, surcharges, and court Page 16 1 costs collected using the system and how the system is 2 used to improve the collection process. The report 3 shall also include information concerning efforts made 4 by the judicial branch to facilitate the sharing of 5 vital sentencing and other information with other 6 state departments and governmental agencies involved 7 in the criminal justice system through the Iowa court 8 information system. In addition, the judicial branch 9 shall submit a semiannual update to the co- 10 chairpersons and ranking members specifying the 11 amounts of fines, surcharges, and court costs 12 collected using the Iowa court information system 13 since the last report. 14 i. Of the funds appropriated in this subsection, 15 the judicial branch shall use not more than $585,270 16 for an additional 3 district court judges, 3 court 17 reporters, and 3 court attendants. Of the additional 18 district court judges, one additional district court 19 judge shall be assigned, one each, to judicial 20 election subdistricts one-B and five-C and to judicial 21 election district 7. 22 j. The judicial branch shall provide a report to 23 the general assembly by January 1, 2000, concerning 24 the amounts received and expended from the enhanced 25 court collections fund created in section 602.1304 and 26 the court technology and modernization fund created in 27 section 602.8108, subsection 4, during the fiscal year 28 beginning July 1, 1998, and ending June 30, 1999, and 29 the plans for expenditures from each fund during the 30 fiscal year beginning July 1, 1999, and ending June 31 30, 2000. 32 2. For the juvenile victim restitution program: 33 $ 210,291 34 Sec. 12. ENHANCED COURT COLLECTIONS FUND. 35 Notwithstanding section 602.1304, subsection 2, for 36 the fiscal year beginning July 1, 1999, and ending 37 June 30, 2000, the maximum deposit amount for the 38 enhanced court collections fund shall be $5,000,000. 39 For succeeding fiscal years, the maximum deposit 40 amount shall be determined in accordance with section 41 602.1304, subsection 2, and the maximum deposit amount 42 shall not be increased due to the increase made in 43 this section. 44 Sec. 13. JUDICIAL RETIREMENT FUND. There is 45 appropriated from the general fund of the state to the 46 judicial retirement fund for the fiscal year beginning 47 July 1, 1999, and ending June 30, 2000, the following 48 amount, or so much thereof as is necessary, to be used 49 for the purpose designated: 50 For the state's contribution to the judicial Page 17 1 retirement fund established in section 602.9104, in 2 the amount of 23.7 percent of the basic salaries of 3 the judges covered under chapter 602, article 9: 4 $ 4,202,697 5 Sec. 14. INDIGENT DEFENSE COSTS. The supreme 6 court shall submit a written report for the preceding 7 fiscal year no later than January 1, 2000, indicating 8 the amounts collected pursuant to section 815.9A, 9 relating to recovery of indigent defense costs. The 10 report shall include the total amount collected by all 11 courts, as well as the amounts collected by each 12 judicial district. The supreme court shall also 13 submit a written report quarterly indicating the 14 number of criminal and juvenile filings which occur in 15 each judicial district for purposes of estimating 16 indigent defense costs. A copy of each report shall 17 be provided to the public defender, the department of 18 management, and the legislative fiscal bureau. The 19 judicial branch shall continue to assist in the 20 development of an automated data system for use in the 21 sharing of information utilizing the generic program 22 interface for legislative and executive branch uses. 23 Sec. 15. IOWA CORRECTIONS OFFENDER NETWORK DATA 24 SYSTEM. The department of corrections shall submit a 25 report to the co-chairpersons and ranking members of 26 the joint appropriations subcommittee on the justice 27 system and the legislative fiscal bureau, on or before 28 January 15, 2000, concerning the development and 29 implementation of the Iowa corrections offender 30 network (ICON) data system. The report shall include 31 a description of the system and functions, a plan for 32 implementation of the system, including a timeline, 33 resource and staffing requirements for the system, and 34 a current status and progress report concerning the 35 implementation of the system. In addition, the report 36 shall specifically address the ability of the system 37 to receive and transmit data between prisons, 38 community-based corrections district departments, the 39 judicial branch, board of parole, the criminal and 40 juvenile justice planning division of the department 41 of human rights, the department of public safety, and 42 other applicable governmental agencies. The report 43 should include a detailed discussion of the 44 cooperation with other state agencies and the judicial 45 branch in the development and implementation of the 46 system. 47 Sec. 16. IOWA LAW ENFORCEMENT ACADEMY. There is 48 appropriated from the general fund of the state to the 49 Iowa law enforcement academy for the fiscal year 50 beginning July 1, 1999, and ending June 30, 2000, the Page 18 1 following amounts, or so much thereof as is necessary, 2 to be used for the purposes designated: 3 1. For salaries, support, maintenance, 4 miscellaneous purposes, including jailer training and 5 technical assistance, and for not more than the 6 following full-time equivalent positions: 7 $ 1,329,629 8 FTEs 30.55 9 It is the intent of the general assembly that the 10 Iowa law enforcement academy may provide training of 11 state and local law enforcement personnel concerning 12 the recognition of and response to persons with 13 Alzheimer's disease. 14 2. For salaries, support, maintenance, and 15 miscellaneous purposes to provide statewide 16 coordination of the drug abuse resistance education 17 (D.A.R.E.) program: 18 $ 80,000 19 3. The Iowa law enforcement academy may select at 20 least five automobiles of the department of public 21 safety, division of the Iowa state patrol, prior to 22 turning over the automobiles to the state fleet 23 administrator to be disposed of by public auction and 24 the Iowa law enforcement academy may exchange any 25 automobile owned by the academy for each automobile 26 selected if the selected automobile is used in 27 training law enforcement officers at the academy. 28 However, any automobile exchanged by the academy shall 29 be substituted for the selected vehicle of the 30 department of public safety and sold by public auction 31 with the receipts being deposited in the depreciation 32 fund to the credit of the department of public safety, 33 division of the Iowa state patrol. 34 Sec. 17. BOARD OF PAROLE. There is appropriated 35 from the general fund of the state to the board of 36 parole for the fiscal year beginning July 1, 1999, and 37 ending June 30, 2000, the following amount, or so much 38 thereof as is necessary, to be used for the purposes 39 designated: 40 For salaries, support, maintenance, including 41 maintenance of an automated docket and the board's 42 automated risk assessment model, employment of two 43 statistical research analysts to assist with the 44 application of the risk assessment model in the parole 45 decision-making process, miscellaneous purposes, and 46 for not more than the following full-time equivalent 47 positions: 48 $ 1,018,547 49 FTEs 18.00 50 A portion of the funds appropriated in this section Page 19 1 shall be used to continue a pilot program for 2 probation violations in the sixth judicial district 3 department of correctional services. Data shall be 4 maintained to evaluate the pilot program. 5 Sec. 18. DEPARTMENT OF PUBLIC DEFENSE. There is 6 appropriated from the general fund of the state to the 7 department of public defense for the fiscal year 8 beginning July 1, 1999, and ending June 30, 2000, the 9 following amounts, or so much thereof as is necessary, 10 to be used for the purposes designated: 11 1. MILITARY DIVISION 12 For salaries, support, maintenance, miscellaneous 13 purposes, and for not more than the following full- 14 time equivalent positions: 15 $ 4,696,387 16 FTEs 224.76 17 If there is a surplus in the general fund of the 18 state for the fiscal year ending June 30, 2000, within 19 60 days after the close of the fiscal year, the 20 military division may incur up to an additional 21 $500,000 in expenditures from the surplus prior to 22 transfer of the surplus pursuant to section 8.57. 23 2. EMERGENCY MANAGEMENT DIVISION 24 For salaries, support, maintenance, miscellaneous 25 purposes, and for not more than the following full- 26 time equivalent positions: 27 $ 898,541 28 FTEs 25.25 29 Sec. 19. DEPARTMENT OF PUBLIC SAFETY. There is 30 appropriated from the general fund of the state to the 31 department of public safety for the fiscal year 32 beginning July 1, 1999, and ending June 30, 2000, the 33 following amounts, or so much thereof as is necessary, 34 to be used for the purposes designated: 35 1. For the department's administrative functions, 36 including the criminal justice information system, and 37 for not more than the following full-time equivalent 38 positions: 39 $ 2,474,051 40 FTEs 38.80 41 2. For the division of criminal investigation and 42 bureau of identification including the state's 43 contribution to the peace officers' retirement, 44 accident, and disability system provided in chapter 45 97A in the amount of 17 percent of the salaries for 46 which the funds are appropriated, to meet federal fund 47 matching requirements, and for not more than the 48 following full-time equivalent positions: 49 $ 11,759,610 50 FTEs 227.50 Page 20 1 Riverboat enforcement costs shall be billed in 2 accordance with section 99F.10, subsection 4. The 3 costs shall be not more than the department's 4 estimated expenditures, including salary adjustment, 5 for riverboat enforcement for the fiscal year. 6 The department of public safety, with the approval 7 of the department of management, may employ no more 8 than two special agents and four gaming enforcement 9 officers for each additional riverboat regulated after 10 July 1, 1999, and one special agent for each racing 11 facility which becomes operational during the fiscal 12 year which begins July 1, 1999. One additional gaming 13 enforcement officer, up to a total of four per boat, 14 may be employed for each riverboat that has extended 15 operations to 24 hours and has not previously operated 16 with a 24-hour schedule. Positions authorized in this 17 paragraph are in addition to the full-time equivalent 18 positions authorized in this subsection. 19 3. a. For the division of narcotics enforcement, 20 including the state's contribution to the peace 21 officers' retirement, accident, and disability system 22 provided in chapter 97A in the amount of 17 percent of 23 the salaries for which the funds are appropriated, to 24 meet federal fund matching requirements, and for not 25 more than the following full-time equivalent 26 positions: 27 $ 2,845,587 28 FTEs 48.00 29 b. For the division of narcotics enforcement for 30 undercover purchases: 31 $ 139,202 32 4. For the state fire marshal's office, including 33 the state's contribution to the peace officers' 34 retirement, accident, and disability system provided 35 in chapter 97A in the amount of 17 percent of the 36 salaries for which the funds are appropriated, and for 37 not more than the following full-time equivalent 38 positions: 39 $ 1,629,621 40 FTEs 31.80 41 5. For the capitol security division, including 42 the state's contribution to the peace officers' 43 retirement, accident, and disability system provided 44 in chapter 97A in the amount of 17 percent of the 45 salaries for which the funds are appropriated and for 46 not more than the following full-time equivalent 47 positions: 48 $ 1,307,615 49 FTEs 27.00 50 6. For the division of the Iowa state patrol of Page 21 1 the department of public safety, for salaries, 2 support, maintenance, workers' compensation costs, and 3 miscellaneous purposes, including the state's 4 contribution to the peace officers' retirement, 5 accident, and disability system provided in chapter 6 97A in the amount of 17 percent of the salaries for 7 which the funds are appropriated, and for not more 8 than the following full-time equivalent positions: 9 $ 37,090,282 10 FTEs 574.25 11 7. For costs associated with the maintenance of 12 the automated fingerprint information system (AFIS): 13 $ 269,425 14 8. An employee of the department of public safety 15 who retires after July 1, 1999, but prior to June 30, 16 2000, is eligible for payment of life or health 17 insurance premiums as provided for in the collective 18 bargaining agreement covering the public safety 19 bargaining unit at the time of retirement if that 20 employee previously served in a position which would 21 have been covered by the agreement. The employee 22 shall be given credit for the service in that prior 23 position as though it were covered by that agreement. 24 The provisions of this subsection shall not operate to 25 reduce any retirement benefits an employee may have 26 earned under other collective bargaining agreements or 27 retirement programs. 28 9. For costs associated with the training and 29 equipment needs of volunteer fire fighters and for not 30 more than the following full-time equivalent 31 positions: 32 $ 709,405 33 FTEs 1.00 34 Notwithstanding section 8.33, moneys appropriated 35 in this subsection that remain unobligated or 36 unexpended at the close of the fiscal year shall not 37 revert but shall remain available for expenditure only 38 for the purpose designated in this subsection until 39 the close of the succeeding fiscal year. 40 10. For the state medical examiner and for not 41 more than the following full-time equivalent 42 positions: 43 $ 532,700 44 FTEs 5.00 45 Any fees collected by the department of public 46 safety, or the department of public health, if 47 applicable, for autopsies performed by the office of 48 the state medical examiner shall be deposited in the 49 general fund of the state. 50 If 1999 Iowa Acts, Senate File 376, or other Page 22 1 legislation transferring the medical examiner office 2 and associated appropriations, is enacted, the moneys 3 appropriated in this subsection shall instead be 4 appropriated as provided in that Act. 5 Sec. 20. Section 423.24, subsection 2, Code 1999, 6 is amended to read as follows: 7 2. Notwithstanding any other provision of this 8 section that provides that all revenue derived from 9 the use tax on motor vehicles, trailers, and motor 10 vehicle accessories and equipment as collected 11 pursuant to section 423.7 shall be deposited and 12 credited to the road use tax fund, twenty percent of 13 the revenues shall be credited and deposited as 14 follows: one-half to the road use tax fund and one- 15 half to the primary road fund to be used for the 16 commercial and industrial highway network,exceptto17theextentthatthedepartmentdirectsthatmoneysare18depositedinthehighwaysafetypatrolfundcreatedin19section80.41tofundtheappropriationsmadefromthe20highwaysafetypatrolfundinaccordancewiththe21provisionsofsection80.41.Thedepartmentshall22determinetheamountofmoneystobecreditedunder23thissubsectiontothehighwaysafetypatrolfundand24shalldepositthatamountintothehighwaysafety25patrolfund.26 Sec. 21. Section 602.6201, subsection 10, Code 27 1999, is amended to read as follows: 28 10. Notwithstanding the formula for determining 29 the number of judgeships in this section, the number 30 of district judges shall not exceed one hundredtwelve31 fifteen during the period commencing July 1,199732 1999. 33 Sec. 22. 1995 Iowa Acts, chapter 220, section 20, 34 subsection 4, is amended by striking the subsection. 35 Sec. 23. 1998 Iowa Acts, chapter 1222, section 25, 36 subsection 3, is amended to read as follows: 37 3. For the installation of perimeter fencing and 38 physical plant improvements at the Mt. Pleasant 39 correctional facility: 40 $ 300,000 41 Sec. 24. Section 80.41, Code 1999, is repealed. 42 Sec. 25. EFFECTIVE DATE. Section 23 of this Act, 43 amending 1998 Iowa Acts, chapter 1222, being deemed of 44 immediate importance, takes effect upon enactment." 45 2. Title page, line 2, by striking the words 46 "effective dates" and inserting the following: "an 47 effective date". Richardson of Warren offered the following amendment H?1657, to the committee amendment H?1588, filed by him and moved its adoption: H-1657 1 Amend the amendment, H-1588, to Senate File 468, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by striking lines 15 and 16 and 5 inserting the following: 6 " $ 8,296,153 7 FTEs 191.50" 8 2. Page 14, by striking line 8 and inserting the 9 following: 10 " $ 33,879,652" 11 3. Page 14, by striking lines 15 and 16 and 12 inserting the following: 13 " $ 13,478,276 14 FTEs 202.00" Roll call was requested by Richardson of Warren and Myers of Johnson. On the question "Shall amendment H-1657, to the committee amendment H-1588, be adopted?" (S.F. 468) The ayes were, 44: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 55: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett Absent or not voting, 1: Greiner Amendment H?1657 lost. Parmenter of Story offered the following amendment H?1656, to the committee amendment H?1588, filed by him and moved its adoption: H-1656 1 Amend the amendment, H-1588, to Senate File 468, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 3, by striking line 22 and inserting the 5 following: 6 " $ 950,000" Roll call was requested by Chapman of Linn and Bell of Jasper. On the question "Shall amendment H-1656, to the committee amendment H-1588, be adopted?" (S.F. 468) The ayes were, 46: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Cormack Davis Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 53: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brunkhorst Carroll Dix Dolecheck Drake Eddie Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett Absent or not voting, 1: Brauns Amendment H?1656 lost. Bell of Jasper offered the following amendment H?1653, to the committee amendment H?1588, filed by him and moved its adoption: H-1653 1 Amend the amendment, H-1588, to Senate File 468, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 5, by striking lines 28 and 29 and 5 inserting the following: 6 " $ 20,024,016 7 FTEs 343.26" 8 2. Page 10, by striking line 46 and inserting the 9 following: 10 " $ 8,190,456" 11 3. Page 11, by striking line 3 and inserting the 12 following: 13 " $ 6,538,418" 14 4. Page 11, by striking line 10 and inserting the 15 following: 16 " $ 4,086,767" 17 5. Page 11, by striking line 17 and inserting the 18 following: 19 ". $ 3,049,426" 20 6. Page 11, by striking line 24 and inserting the 21 following: 22 " $ 11,502,522" 23 7. Page 11, by striking line 31 and inserting the 24 following: 25 " $ 8,448,538" 26 8. Page 11, by striking line 38 and inserting the 27 following: 28 " $ 5,052,571" 29 9. Page 11, by striking line 45 and inserting the 30 following: 31 " $ 4,942,991" Roll call was requested by Bell of Jasper and Chapman of Linn. On the question "Shall amendment H-1653, to the committee amendment H-1588, be adopted?" (S.F. 468) The ayes were, 44: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Foege Ford Frevert Heaton Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 53: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie Fallon Garman Gipp Grundberg Hahn Hansen Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Lord Martin Metcalf Millage Nelson Raecker Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett Absent or not voting, 3: Greiner Larson Rants Amendment H?1653 lost. Garman of Story offered the following amendment H?1661, to the committee amendment H?1588, filed by her from the floor and moved its adoption: H-1661 1 Amend the amendment, H-1588, to Senate File 468, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 5, by striking line 36 and inserting the 5 following: 6 " FTEs 121.00" 7 2. Page 5, by striking line 43 and inserting the 8 following: 9 " FTEs 292.75" 10 3. Page 10, by inserting after line 32 the 11 following: 12 "Sec. 101. DEPARTMENT OF CORRECTIONS - 13 SUPPLEMENTAL APPROPRIATIONS. There is appropriated 14 from the general fund of the state to the department 15 of corrections for the fiscal year beginning July 1, 16 1998, and ending June 30, 1999, to supplement the 17 appropriation made in 1998 Iowa Acts, chapter 1222, 18 section 4, the following amounts, or so much thereof 19 as is necessary, to be used for the purposes 20 designated: 21 1. For payment of contracts to house female 22 prisoners out of state: 23 $ 547,000 24 2. For the establishment of a 100-bed special 25 needs unit for women at the Mt. Pleasant correctional 26 facility: 27 $ 284,000 28 3. For offset of revenue budgeted for private 29 sector employment of inmates: 30 $ 762,756" 31 4. Page 10, by striking line 46 and inserting the 32 following: 33 " $ 8,162,258" 34 5. Page 22, by striking line 42 and inserting the 35 following: 36 "Sec. ___. EFFECTIVE DATES. 37 1. Section 101 of this Act, providing for 38 supplemental appropriations to the department of 39 corrections, being deemed of immediate importance, 40 takes effect upon enactment. 41 2. Section 23 of this Act,". 42 6. Page 22, by striking lines 45 through 47. 43 7. By renumbering as necessary. Amendment H?1661 was adopted, placing amendment H-1627 filed by Garman of Story on April 14, 1999, out of order. Huser of Polk offered the following amendment H?1658, to the committee amendment H?1588, filed by her and moved its adoption: H-1658 1 Amend the amendment, H-1588, to Senate File 468, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 6, by striking lines 4 and 5 and 5 inserting the following: 6 " $ 10,846,520 7 FTEs 198.96" Roll call was requested by Bell of Jasper and Huser of Polk. On the question "Shall amendment H-1658, to the committee amendment H-1588, be adopted?" (S.F. 468) The ayes were, 42: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Foege Ford Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 55: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dolecheck Drake Eddie Fallon Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett Absent or not voting, 3: Dix Houser Shoultz Amendment H?1658 lost. Mundie of Webster offered the following amendment H?1655, to the committee amendment H?1588, filed by him and moved its adoption: H-1655 1 Amend the amendment, H-1588, to Senate File 468, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 6, by striking lines 11 and 12 and 5 inserting the following: 6 " $ 22,907,753 7 FTEs 371.88" Roll call was requested by Bell of Jasper and Chapman of Linn. On the question "Shall amendment H-1655, to the committee amendment H-1588, be adopted?" (S.F. 468) The ayes were, 43: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Cormack Doderer Drees Falck Foege Ford Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 54: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Carroll Davis Dix Dotzler Drake Eddie Fallon Garman Gipp Greiner Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett Absent or not voting, 3: Dolecheck Grundberg Lord Amendment H?1655 lost. Taylor of Linn offered amendment H?1662, to the committee amendment H?1588, filed by him from the floor as follows: H-1662 1 Amend the amendment, H-1588, to Senate File 468, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 8, by inserting after line 15 the 5 following: "It is the intent of the general assembly 6 that as a condition of receiving the appropriation 7 provided in this subsection, the department of 8 corrections shall not enter into any agreement with a 9 private for-profit agency or corporation for the 10 purpose of transferring inmates under the custody of 11 the department to a jail or correctional facility or 12 institution in this state which is established, 13 maintained, or operated by a private for-profit agency 14 or corporation without prior approval by the general 15 assembly." The following amendment H-1673 filed by Taylor of Linn from the floor, to amendment H-1662, was adopted by unanimous consent: H-1673 1 Amend the amendment, H-1662, to amendment, H-1588, 2 to Senate File 468, as amended, passed, and reprinted 3 by the Senate, as follows: 4 1. Page 1, line 8, by inserting after the word 5 "any" the word "new". On motion by Taylor of Linn, amendment H?1662, as amended, to the committee amendment H-1558, was adopted. Millage of Scott offered the following amendment H?1624, to the committee amendment H?1588, filed by him and moved its adoption: H-1624 1 Amend the amendment, H-1588, to Senate File 468, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 10, by inserting after line 16 the 5 following: 6 "9. It is the intent of the general assembly that 7 the department of corrections, in submitting its 8 proposed budget request for the fiscal year beginning 9 July 1, 2000, exclude requests for full-time 10 equivalent positions, and the moneys for those 11 positions, which would otherwise be included for the 12 sole purpose of providing the department with 13 additional moneys to operate the department and not 14 for the purpose of providing additional full-time 15 equivalent positions. In addition, the department of 16 corrections shall submit a report to the general 17 assembly by January 31, 2000, listing full-time 18 equivalent positions authorized by this Act and not 19 filled during the period from July 1, 1999, to January 20 1, 2000. For any position that is unfilled as of 21 January 1, 2000, the department shall indicate why the 22 position remains unfilled, whether the department 23 intends to fill the position, and, if applicable, what 24 efforts are being made, or will be made, to fill the 25 position." 26 2. By renumbering as necessary. Amendment H?1624 was adopted. Richardson of Warren asked and received unanimous consent to withdraw amendment H-1652, to the committee amendment H-1588, filed by him on April 15, 1999. Larkin of Lee asked and received unanimous consent to withdraw amendment H-1654, to the committee amendment H-1588, filed by him on April 15, 1999. Myers of Johnson asked and received unanimous consent that amendment H-1651, to the committee amendment H-1588, be deferred. Chapman of Linn offered the following amendment H?1660, to the committee amendment H?1588, filed by her from the floor and moved its adoption: H-1660 1 Amend the amendment, H-1588, to Senate File 468, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 14, by striking line 41 and inserting the 5 following: 6 " $106,464,411" 7 2. Page 16, line 15, by striking the figure 8 "585,270" and inserting the following: "2,003,819". 9 3. Page 16, by striking lines 16 through 21 and 10 inserting the following: "for an additional 6 11 district court judges, 4 district associate judges, 10 12 court reporters, 3 legal assistants, 1 case 13 coordinator, and 7.5 court attendants. The additional 14 district court judges and district associate judges 15 shall be assigned, notwithstanding the provisions of 16 section 602.6301 to the contrary, as determined by the 17 judicial branch." 18 4. Page 22, line 31, by striking the word 19 "fifteen" and inserting the following: "eighteen". Roll call was requested by Chapman of Linn and Bell of Jasper. On the question "Shall amendment H-1660, to the committee amendment H-1588, be adopted?" (S.F. 468) The ayes were, 43: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 54: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Grundberg Hahn Hansen Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson^ Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett Absent or not voting, 3: Carroll Connors Heaton Amendment H?1660 lost. Grundberg of Polk asked and received unanimous consent to withdraw amendment H-1671, to amendment H-1588, filed by Grundberg, Metcalf of Polk, Ford of Polk, Huser of Polk, Chapman of Linn, Cataldo of Polk, Lord of Dallas, Hoffman of Crawford, Chiodo of Polk, Connors of Polk, Fallon of Polk, Holveck of Polk, Taylor of Linn, Doderer of Johnson, Whitead of Woodbury, Warnstadt of Woodbury, Richardson of Warren and Foege of Linn from the floor. Grundberg of Polk offered the following amendment H?1672, to the committee amendment H?1588, filed by her from the floor and moved its adoption: H-1672 1 Amend the amendment, H-1588, to Senate File 468, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 16, by inserting after line 31 the 5 following: 6 " ___. The judicial branch shall conduct a study on 7 the method of allocating district court judges and 8 district associate judges and shall submit a report to 9 the general assembly by January 1, 2000, with its 10 findings and recommendations. In conducting its 11 study, the judicial branch shall examine the current 12 method of allocating district court judges and 13 district associate judges as provided in Code sections 14 602.6201 and 602.6301, and shall make findings and 15 recommendations as to whether or not the methods 16 provided in those sections represent the best 17 mechanism for allocating judges amongst judicial 18 districts and counties." 19 2. By renumbering as necessary. Amendment H?1672 was adopted. Warnstadt of Woodbury asked and received unanimous consent to withdraw amendment H-1626, to the committee amendment H-1588, filed by him on April 14, 1999. Garman of Story offered the following amendment H?1650, to the committee amendment H?1588, filed by Garman, et al., and moved its adoption: H-1650 1 Amend the amendment, H-1588, to Senate File 468, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 22, by inserting after line 4 the 5 following: 6 " . The department of public safety shall 7 conduct a study, and submit a report of its findings 8 and recommendations, to the general assembly by 9 January 10, 2000, concerning the feasibility of 10 providing members of the Iowa state patrol with 11 cellular, or other similar wireless, telephones and 12 accompanying service. In conducting its study, the 13 department shall examine and include findings on the 14 cost of providing the telephones and service to 15 members of the state patrol and on what type of 16 telephone and service would be the most effective in 17 assisting members of the state patrol. The department 18 shall consult with members of the Iowa state patrol in 19 conducting its study." 20 2. By renumbering as necessary. Amendment H?1650 was adopted. Myers of Johnson offered the following amendment H?1664, to the committee amendment H?1588, filed by him and Garman of Story from the floor, and moved its adoption: H-1664 1 Amend the amendment, H-1588, to Senate File 468, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 22, by inserting after line 32 the 5 following: 6 "Sec. ___. Section 904.508A, Code 1999, is amended 7 to read as follows: 8 904.508A INMATE TELEPHONE REBATE FUND. 9 The department is authorized to establish and 10 maintain an inmate telephone rebate fund in each 11 institution for the deposit of moneys received for 12 inmate telephone rebates. All funds deposited in this 13 fund shall be used for the benefit of inmates. The 14 director shall adopt rules providing for the 15 disbursement of moneys from the fund. The rules shall 16 provide that all disbursements of moneys from the fund 17 shall be subject to approval, in writing, by a 18 committee comprised of the director, a deputy director 19 for the department as designated by the director, and 20 the citizens' aide, or designee of the citizens' 21 aide." 22 2. By renumbering as necessary. Amendment H?1664 was adopted. Garman of Story offered the following amendment H?1625, to the committee amendment H?1588, filed by her and Bell of Jasper and moved its adoption: H-1625 1 Amend the amendment, H-1588, to Senate File 468, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 22, by inserting after line 34 the 5 following: 6 "Sec. ___. 1998 Iowa Acts, chapter 1101, section 7 15, subsection 2, is amended to read as follows: 8 2. a. There is appropriated from surcharge moneys 9 received by the E911 administrator and deposited into 10 the wireless E911 emergency communications fund, for 11 the fiscal year beginning July 1, 1998, andending12June30,for the fiscal year beginning July 1, 1999, 13 an amount not to exceed two hundred thousand dollars 14 to be used for the implementation, support, and 15 maintenance of the functions of the E911 16 administrator. The amount appropriated in this 17 paragraph includes any amounts necessary to reimburse 18 the division of emergency management of the department 19 of public defense pursuant to paragraph "b". 20 b. Notwithstanding the distribution formula in 21 section 34A.7A, as enacted in this Act, and prior to 22 any such distribution, of the initial surcharge moneys 23 received by the E911 administrator and deposited into 24 the wireless E911 emergency communications fund, for 25 the fiscal year beginning July 1, 1998, andending26June30,for the fiscal year beginning July 1, 1999, 27 an amount shall be transferred to the division of 28 emergency management of the department of public 29 defense as necessary to reimburse the division for 30 amounts expended for the implementation, support, and 31 maintenance of the E911 administrator, including the 32 E911 administrator's salary." 33 2. By renumbering as necessary. Amendment H?1625 was adopted. Kreiman of Davis asked and received unanimous consent to withdraw amendment H-1651, to the committee amendment H-1588, filed by him on April 15, 1999, previously deferred. Richardson of Warren offered the following amendment H?1674, to the committee amendment H?1588, filed by him from the floor and moved its adoption: H-1674 1 Amend the amendment, H-1588, to Senate File 468, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 10, by inserting before line 47 the 5 following: 6 "In addition to moneys appropriated in this 7 paragraph, there is appropriated $171,340 to the first 8 judicial district department of correctional services 9 for additional parole and probation officers." 10 2. Page 11, by striking line 3 and inserting the 11 following: 12 " $ 6,490,033" 13 3. Page 11, by striking line 10 and inserting the 14 following: 15 " $ 4,177,627" 16 4. Page 11, by striking line 17 and inserting the 17 following: 18 " $ 3,041,878" 19 5. Page 11, by striking line 24 and inserting the 20 following: 21 " $ 11,521,729" 22 6. Page 11, by striking line 31 and inserting the 23 following: 24 " $ 8,547,453" 25 7. Page 11, by striking line 38 and inserting the 26 following: 27 " $ 5,049,795" 28 8. Page 11, by striking line 45 and inserting the 29 following: 30 " $ 4,995,390" Roll call was requested by Richardson of Warren and Bell of Jasper. On the question "Shall amendment H-1674, to the committee amendment H-1588, be adopted?" (S.F. 468) The ayes were, 43: Arnold Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Doderer Dotzler Drees Fallon Foege Ford Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 54: Alons Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Weidman Welter Mr. Speaker Corbett Absent or not voting, 3: Connors Falck Van Fossen Amendment H?1674 lost. Larkin of Lee offered the following amendment H?1676, to the committee amendment H?1588, filed by him from the floor and moved its adoption: H-1676 1 Amend the amendment, H-1588, to Senate File 468, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 10, by inserting before line 47 the 5 following: 6 "In addition to the moneys appropriated in this 7 paragraph, there is appropriated $231,320 to the first 8 judicial district department of correctional services 9 for increased residential staffing." 10 2. Page 11, by striking line 3 and inserting the 11 following: 12 " $ 6,823,996" 13 3. Page 11, by striking line 10 and inserting the 14 following: 15 " $ 4,081,327" 16 4. Page 11, by striking line 17 and inserting the 17 following: 18 " $ 3,119,533" 19 5. Page 11, by striking line 24 and inserting the 20 following: 21 " $ 11,630,232" 22 6. Page 11, by striking line 31 and inserting the 23 following: 24 " $ 8,747,625" 25 7. Page 11, by striking line 38 and inserting the 26 following: 27 " $ 5,142,884" 28 8. Page 11, by striking line 45 and inserting the 29 following: 30 " $ 4,995,304" Roll call was requested by Larkin of Lee and Bell of Jasper. On the question "Shall amendment H-1676, to the committee amendment H-1588, be adopted?" (S.F. 468) The ayes were, 43: Arnold Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 51: Alons Barry Baudler Blodgett Boddicker Bradley Brauns Brunkhorst^ Carroll Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Weidman Welter Mr. Speaker Corbett Absent or not voting, 6: Boal Boggess Connors Doderer Huseman Van Fossen Amendment H?1676 lost. Garman of Story moved the adoption of the committee amendment H-1588, as amended. The committee amendment H-1588, as amended, was adopted. LEAVE OF ABSENCE Leave of absence was granted as follows: Boal of Polk on request of Gipp of Winneshiek. Garman of Story moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 468) The ayes were, 55: Alons Arnold Barry Baudler Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins^ Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett The nays were, 43: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt Absent or not voting, 2: Boal Connors The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 468 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 19, 1999, amended and passed the following bill in which the concurrence of the House is asked: House File 532, a bill for an act relating to practitioner preparation programs and providing for a pilot study to assess the performance of teacher education graduates. Also: That the Senate has on April 19, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 445, a bill for an act relating to gambling, by imposing a moratorium on the issuance or transfer of certain gambling licenses and on increasing the number of games and machines, authorizing the use of video slot machines, providing for the transfer of collective bargaining agreements, limiting the location of excursion gambling boats and pari-mutuel racetracks, prohibiting the dispensing of cash or credit on certain gambling premises, imposing a scheduled fine for gambling by persons under twenty-one years of age, limiting civil penalties related to violations of legal age for gambling, providing for the disposition of charitable contributions, nullifying certain administrative rules relating to gambling, rescinding the nine-year period of operation for certain licenses, providing for properly related matters, and providing effective dates. MICHAEL E. MARSHALL, Secretary HOUSE REFUSED TO CONCUR Bell of Jasper called up for consideration House File 711, a bill for an act concerning the imposition of a drug abuse resistance education surcharge for criminal alcohol beverage control offenses, amended by the Senate, and moved that the House concur in the following Senate amendment H-1579: H-1579 1 Amend House File 711, as passed by the House, as 2 follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. NEW SECTION. 80E.4 DRUG ABUSE 6 PREVENTION, EDUCATION, AND TREATMENT FUND. 7 1. A drug abuse prevention, education, and 8 treatment fund is created in the office of the 9 treasurer of state under the authority of the drug 10 enforcement and abuse prevention coordinator which 11 shall consist of moneys credited to or deposited in 12 the fund. 13 2. Moneys in the fund shall be used for drug abuse 14 prevention, education, and treatment programs, 15 pursuant to criteria adopted by the coordinator. 16 3. Moneys in the fund are not subject to section 17 8.33. Notwithstanding section 12C.7, subsection 2, 18 interest or earnings on moneys in the fund shall be 19 credited to the fund. 20 Sec. . Section 602.8102, subsection 135A, Code 21 1999, is amended to read as follows: 22 135A. Assess the drug abuseresistanceprevention, 23 education, and treatment surcharge as provided by 24 section 911.2. 25 Sec. . Section 602.8108, subsection 3, 26 paragraph c, Code 1999, is amended to read as follows: 27 c. Notwithstanding provisions of this subsection 28 to the contrary, all moneys collected from the drug 29 abuseresistanceprevention, education, and treatment 30 surcharge provided in section 911.2 shall be remitted 31 to the treasurer of state for deposit in thegeneral32fundofthestateandtheamountdepositedis33appropriatedtotheIowalawenforcementacademyfor34usebythedrug abuseresistanceprevention, education 35program, and treatment fund established in section 36 80E.4." 37 2. Page 1, by striking line 9 and inserting the 38 following: "additional drug abuseresistance39 prevention, education, and treatment surcharge of 40 five". 41 3. Title page, by striking line 1 and inserting 42 the following: "An Act establishing a drug abuse 43 prevention, education, and treatment fund, providing 44 moneys for the fund through a surcharge for that 45 purpose, and by imposing the". 46 4. Title page, line 2, by striking the word 47 "education". 48 5. By renumbering as necessary. The motion lost and the House refused to concur in the Senate amendment H-1579. SENATE AMENDMENT CONSIDERED Kreiman of Davis called up for consideration House File 242, a bill for an act relating to statutory corrections which may adjust language to reflect current practices, insert earlier omissions, delete redundancies and inaccuracies, delete temporary language, resolve inconsistencies and conflicts, update ongoing provisions, or remove ambiguities and providing effective dates and for retroactive applicability, amended by the Senate, and moved that the House concur in the following Senate amendment H-1590: H-1590 1 Amend House File 242, as passed by the House, as 2 follows: 3 1. Page 4, by inserting after line 17, the 4 following: 5 "Sec. ___. Section 200A.3, subsection 4, Code 6 1999, is amended to read as follows: 7 4. "Distribute" means to offer for sale, sell, 8 hold out for sale, exchange, barter,orsupply, or 9 furnish a bulk dry animal nutrient product on a 10 commercial basis." 11 2. Page 7, line 25, by inserting after the figure 12 "321.180B," the following: "subsection 6,". 13 3. Page 10, line 26, by inserting after the 14 figure "2," the following: "unnumbered paragraph 1,". 15 4. Page 10, line 27, by striking the word 16 "subsection" and inserting the following: "unnumbered 17 paragraph". 18 5. By renumbering, relettering, or redesignating 19 and correcting internal references as necessary. The motion prevailed and the House concurred in the Senate amendment H-1590. Kreiman of Davis moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 242) The ayes were, 97: Alons Arnold Barry Baudler Bell Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 3: Boal Connors Hansen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. SENATE MESSAGE CONSIDERED Senate File 445, by committee on state government, a bill for an act relating to gambling, by imposing a moratorium on the issuance or transfer of certain gambling licenses and on increasing the number of games and machines, authorizing the use of video slot machines, providing for the transfer of collective bargaining agreements, limiting the location of excursion gambling boats and pari-mutuel racetracks, prohibiting the dispensing of cash or credit on certain gambling premises, imposing a scheduled fine for gambling by persons under twenty-one years of age, limiting civil penalties related to violations of legal age for gambling, providing for the disposition of charitable contributions, nullifying certain administrative rules relating to gambling, rescinding the nine-year period of operation for certain licenses, providing a tax rate for gambling receipts at racetrack enclosures, providing for properly related matters, and providing effective dates. Read first time and referred to committee on ways and means. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 711 and 242. EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on Wednesday morning, March 31, 1999. Had I been present, I would have voted "aye" on House File 351, amendments H-1251 and H-1253 to House File 745, and House File 745. I was also necessarily absent from the House chamber on Monday morning, April 12, 1999. Had I been present, I would have voted "aye" on Senate Files 254 and 413. CATALDO of Polk I was necessarily absent from the House chamber on April 15, 1999. Had I been present, I would have voted "aye" on Senate File 211. EDDIE of Buena Vista I was necessarily absent from the House chamber on April 19, 1999. Had I been present, I would have voted "aye" on House Files 242 and 767. HANSEN of Pottawattamie BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR The Chief Clerk of the House submitted the following report: Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bills have been examined and found correctly enrolled, signed by the Speaker of the House and the President of the Senate, and presented to the Governor for his approval on this 19th day of April, 1999: House Files 38, 349 and 489. ELIZABETH A. ISAACSON Chief Clerk of the House Report adopted. BILLS SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on April 16, 1999, he approved and transmitted to the Secretary of State the following bills: House File 224, an act relating to qualifications and terms of commissioners and the management and operation of certain public hospitals. House File 403, an act relating to the fingerprinting of persons or juveniles who have been arrested or taken into custody and changing the procedures for the collection of a criminal disposition report. House File 633, an act restricting the awarding of child visitation rights to a parent convicted of murder in the first degree of the other parent. Senate File 190, an act relating to the requirements for establishing and operating a city cable communication utility. Senate File 233, an act relating to the preservation of records held by financial institutions. Senate File 303, an act requiring that the clerk of the district court confirm that notice has been given to required parties prior to the filing of a nonstatutory lien. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Eighty U. S. Government students from Waterloo West High School, Waterloo, accompanied by Bill Eggers, Mike Lyons and Bob Weaton. By Dotzler of Black Hawk and Shoultz of Black Hawk. Fifty-four eighth grade students from River Valley Community Schools of Correctionville, Cushing, Washta, and Quimby, accompanied by Mike Nugent, Virginia Reyman, Connie Kimple, Connie Bauman, John Hopp and Mrs. Jepsen. By Huseman of Cherokee. Twenty-seven elementary school students from the Lighthouse Academy, Floyd, accompanied by Reverend Paul Phillips. By Kuhn of Floyd. 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 1999\706 Glendola McFarland, Cedar Falls - For celebrating her 100th birthday. 1999\707 Louise Deere, Davenport - For celebrating her 85th birthday. 1999\708 Mr. and Mrs. Jake Humes, Davenport - For celebrating their 60th wedding anniversary. 1999\709 Eleaner Sothmann, Davenport - For celebrating her 85th birthday. 1999\710 Wayne Smith, Arlington - For celebrating his 80th birthday. 1999\711 Donna and Gale Stickley, Maquoketa - For celebrating their 50th wedding anniversary. 1999\712 Rosemary and Merlin Dondlinger, Springbrook - For celebrating their 50th wedding anniversary. 1999\713 Marcel and Irene Anglin, Oelwein - For celebrating their 50th wedding anniversary. 1999\714 Marcelline and Jack Lindstrom, Oelwein - For celebrating their 55th wedding anniversary. 1999\715 Jim and Phyllis Gallagher, Hazleton - For celebrating their 50th wedding anniversary. 1999\716 Joe and Sarah Kisner, Oelwein - For celebrating their 50th wedding anniversary. 1999\717 Iva Keniston, Oelwein - For celebrating her 85th birthday. 1999\718 Edna Bemis, Hawkeye - For celebrating her 80th birthday. 1999\719 Matthew Oliver, Aurora - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\720 Matthew Lee Opitz, Aurora - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\721 Joel E. Brown, Cedar Falls - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\722 Travis Anthony Peters, Cedar Falls - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\723 Brian David Larkin, Cedar Falls - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\724 Justin Patrick Peters, Cedar Falls - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\725 Todd Steven Merfeld, Cedar Falls - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\726 Jacob Lee Hawkenson, Cedar Falls - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\727 Christopher David Tyler, Hudson - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\728 Michael Bradford Caley, Cedar Falls - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\729 Conrad McDonald Hutcheson, Cedar Falls - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\730 Douglas Andrew Newgard, Cedar Falls - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\731 David Faden, Ames - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\732 Valley High School Music Department, West Des Moines - For being selected as the National GRAMMY Signature School. 1999\733 Helen Lampe, Clinton - For celebrating her 90th birthday. 1999\734 Edna Geffers, DeWitt - For celebrating her 90th birthday. 1999\735 Gladys and Buck Hughes, Logan - For celebrating their 50th wedding anniversary. 1999\736 Helen Carroll, Sibley - For being named the National Multiple Sclerosis Society, Iowa Chapter, Mother of the Year. 1999\737 Marge and Otto Klein, Panama - For celebrating their 50th wedding anniversary. 1999\738 Erma and Elmer Sellers, Mt. Sterling - For celebrating their 50th wedding anniversary. 1999\739 Lyola and Ardell Kaska, Fairfield - For celebrating their 50th wedding anniversary. 1999\740 Wes Hunold, Central Lee High School, Donnellson - For receiving an Iowa Energy Center Youth and Energy Scholarship for his renewable energy project at the ISU Science and Technology Fair. 1999\741 Betty and Harold Munkel, Lime Springs - For celebrating their 50th wedding anniversary. 1999\742 Delores and Fredolin Schwade, Cresco - For celebrating their 50th wedding anniversary. 1999\743 Bob Osterman, Nashua - For celebrating his 80th birthday. 1999\744 Pearl Kies, Wall Lake - For celebrating her 90th birthday. 1999\745 Hinreka Hameister Bartels, Lytton - For celebrating her 90th birthday. 1999\746 Dora Olberding, Odebolt - For celebrating her 96th birthday. 1999\747 Elmira Morkin, Odebolt - For celebrating her 80th birthday. 1999\748 Ben Matthies, Boone - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. COMMITTEE RECOMMENDATION MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendation has been received and is on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON WAYS AND MEANS Senate File 457, a bill for an act relating to the Iowa educational savings plan trust, and including an effective date and retroactive applicability provision. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-1665 April 15, 1999. AMENDMENTS FILED H-1663 S.F. 464 Grundberg of Polk H-1665 S.F. 457 Committee on Ways and Means H-1666 H.F. 766 Mascher of Johnson H-1667 H.F. 766 Mascher of Johnson H-1668 H.F. 766 Mascher of Johnson H-1669 S.F. 449 Grundberg of Polk H-1670 S.F. 449 Grundberg of Polk H-1677 H.F. 532 Senate Amendment H-1679 S.F. 324 Shoultz of Black Hawk H-1680 S.F. 324 Shoultz of Black Hawk H-1681 S.F. 324 Shoultz of Black Hawk H-1682 S.F. 324 Shoultz of Black Hawk H-1683 S.F. 436 Frevert of Palo Alto Scherrman of Dubuque Kuhn of Floyd H-1684 S.F. 436 Mundie of Webster Kuhn of Floyd H-1685 S.F. 436 Drees of Carroll Mertz of Kossuth Frevert of Palo Alto Wise of Lee Stevens of Dickinson Scherrman of Dubuque Kuhn of Floyd Parmenter of Story Holveck of Polk Bukta of Clinton Larkin of Lee Jochum of Dubuque Richardson of Warren Witt of Black Hawk Mundie of Webster Osterhaus of Jackson May of Worth Murphy of Dubuque Weigel of Chickasaw Reynolds of Van Buren H-1686 S.F. 464 Heaton of Henry Garman of Story H-1687 S.F. 464 Wise of Lee Stevens of Dickinson Bukta of Clinton Larkin of Lee Mascher of Johnson Cohoon of Des Moines Bell of Jasper Warnstadt of Woodbury Witt of Black Hawk Chiodo of Polk Dotzler of Black Hawk Scherrman of Dubuque Osterhaus of Jackson Whitead of Woodbury Reynolds of Van Buren Kreiman of Davis Burnett of Story Taylor of Linn Chapman of Linn Foege of Linn Holveck of Polk Murphy of Dubuque Richardson of Warren H-1688 S.F. 464 Osterhaus of Jackson H-1689 S.F. 464 Mascher of Johnson Burnett of Story H-1690 S.F. 464 Stevens of Dickinson Wise of Lee Warnstadt of Woodbury Frevert of Palo Alto Mertz of Kossuth Kreiman of Davis Reynolds of Van Buren Whitead of Woodbury Falck of Fayette Scherrman of Dubuque Jochum of Dubuque Dotzler of Black Hawk Mascher of Johnson Myers of Johnson Bukta of Clinton Larkin of Lee Cohoon of Des Moines Bell of Jasper Chiodo of Polk Shoultz of Black Hawk Osterhaus of Jackson Richardson of Warren O'Brien of Boone Cataldo of Polk Kreiman of Davis Thomas of Clayton Foege of Linn Holveck of Polk H-1691 S.F. 464 Witt of Black Hawk Mascher of Johnson Dotzler of Black Hawk Murphy of Dubuque Jochum of Dubuque Scherrman of Dubuque Osterhaus of Jackson Whitead of Woodbury Reynolds of Van Buren Frevert of Palo Alto Mertz of Kossuth Huser of Polk Doderer of Johnson Chapman of Linn Taylor of Linn Foege of Linn Chiodo of Polk Warnstadt of Woodbury Bell of Jasper Cohoon of Des Moines Larkin of Lee Bukta of Clinton Wise of Lee Kreiman of Davis Shoultz of Black Hawk Cataldo of Polk Mundie of Webster O'Brien of Boone Kuhn of Floyd Ford of Polk Burnett of Story Connors of Polk Holveck of Polk H-1692 S.F. 464 Mascher of Johnson Frevert of Palo Alto Doderer of Johnson Shoultz of Black Hawk Chapman of Linn Foege of Linn Holveck of Polk Chiodo of Polk Jochum of Dubuque Witt of Black Hawk Schrader of Marion Bell of Jasper Larkin of Lee Bukta of Clinton Wise of Lee Burnett of Story Kreiman of Davis Reynolds of Van Buren Whitead of Woodbury Parmenter of Story Osterhaus of Jackson Scherrman of Dubuque Murphy of Dubuque Dotzler of Black Hawk Cataldo of Polk Mundie of Webster Kuhn of Floyd Ford of Polk Falck of Fayette Connors of Polk Myers of Johnson Mertz of Kossuth H-1693 S.F. 464 Scherrman of Dubuque Falck of Fayette Jochum of Dubuque Murphy of Dubuque Dotzler of Black Hawk Mascher of Johnson Osterhaus of Jackson Weigel of Chickasaw Witt of Black Hawk Schrader of Marion Bell of Jasper Cohoon of Des Moines Larkin of Lee Bukta of Clinton Mundie of Webster Wise of Lee Stevens of Dickinson Mertz of Kossuth Frevert of Palo Alto Huser of Polk Doderer of Johnson Chapman of Linn Taylor of Linn Foege of Linn Holveck of Polk Chiodo of Polk May of Worth Drees of Carroll Myers of Johnson Cataldo of Polk O'Brien of Boone Ford of Polk Burnett of Story Reynolds of Van Buren Kreiman of Davis Whitead of Woodbury Thomas of Clayton Parmenter of Story Richardson of Warren Kuhn of Floyd Connors of Polk Warnstadt of Woodbury H-1694 S.F. 464 Scherrman of Dubuque Falck of Fayette Mertz of Kossuth Jochum of Dubuque Murphy of Dubuque Dotzler of Black Hawk Warnstadt of Woodbury Weigel of Chickasaw Schrader of Marion Bell of Jasper Cohoon of Des Moines Larkin of Lee Bukta of Clinton Stevens of Dickinson Kuhn of Floyd Frevert of Palo Alto Burnett of Story Reynolds of Van Buren Kreiman of Davis Whitead of Woodbury Thomas of Clayton Parmenter of Story Osterhaus of Jackson Mascher of Johnson Holveck of Polk Chiodo of Polk May of Worth Drees of Carroll Richardson of Warren Mundie of Webster O'Brien of Boone Ford of Polk Cataldo of Polk Foege of Linn Chapman of Linn Taylor of Linn Connors of Polk H-1695 S.F. 464 Wise of Lee Mascher of Johnson Stevens of Dickinson Mertz of Kossuth Frevert of Palo Alto Huser of Polk Doderer of Johnson Chapman of Linn Taylor of Linn Foege of Linn Holveck of Polk Chiodo of Polk Witt of Black Hawk Warnstadt of Woodbury Bell of Jasper Richardson of Warren Cohoon of Des Moines Larkin of Lee Bukta of Clinton Kuhn of Floyd Reynolds of Van Buren Kreiman of Davis Whitead of Woodbury Shoultz of Black Hawk Falck of Fayette Osterhaus of Jackson Scherrman of Dubuque Weigel of Chickasaw Jochum of Dubuque Dotzler of Black Hawk Murphy of Dubuque Burnett of Story O'Brien of Boone Mundie of Webster Ford of Polk H-1696 S.F. 464 Scherrman of Dubuque H-1697 S.F. 464 Weigel of Chickasaw Shoultz of Black Hawk H-1698 S.F. 464 Mascher of Johnson H-1699 S.F. 464 Frevert of Palo Alto Rayhons of Hancock On motion by Siegrist of Pottawattamie the House adjourned at 7:00 p.m., until 8:45 a.m., Tuesday, April 20, 1999. 1440 JOURNAL OF THE HOUSE 99th Day 99th Day MONDAY, APRIL 19, 1999 1439
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