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House Journal: Monday, April 19, 1999

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 of sixty-eight one 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 institutions pursuant to as 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   means an existing a rural small business, for which
 9   local competition does not exist in the principal
10   realm of business activity of that business, and the
11   loss of which will work a hardship on 
the rural
12   community.  A rural small business may 
include a
13   grocery store, drug store, gasoline station,

14   convenience store, hardware business, or farm 
supply
15   store. A rural small business does not 
include a new
16   business.
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, except to
17   the extent that the department directs that 
moneys are
18   deposited in the highway safety patrol fund 
created in
19   section 80.41 to fund the appropriations made 
from the
20   highway safety patrol fund in accordance 
with the
21   provisions of section 80.41. The department 
shall
22   determine the amount of moneys to be 
credited under
23   this subsection to the highway safety patrol 
fund and
24   shall deposit that amount into the highway 
safety
25   patrol fund.
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 hundred twelve
31   fifteen during the period commencing July 1, 1997
32   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, and ending
12   June 30, 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, and ending
26   June 30, 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 abuse resistance prevention,
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   abuse resistance prevention, education, and treatment
30   surcharge provided in section 911.2 shall be remitted
31   to the treasurer of state for deposit in the general
32   fund of the state and the amount 
deposited is
33   appropriated to the Iowa law enforcement 
academy for
34   use by the drug abuse resistance prevention, education
35   program, and treatment fund established in section
36   80E.4."
37     2.  Page 1, by striking line 9 and inserting the
38   following:  "additional drug abuse resistance
39   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, or supply, 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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