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One Hundred First Calendar Day - Sixty-third Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, April 21, 1999 The House met pursuant to adjournment at 8:50 a.m., Speaker pro tempore Rants in the chair. Prayer was offered by Reverend H.D. Mitchell, pastor of Trinity United Methodist Church, Huxley. The Journal of Tuesday, April 20, 1999 was approved. PETITIONS FILED The following petitions were received and placed on file: By Boddicker of Cedar, from sixty-five constituents favoring a fuel quality standard for Iowa. By Falck of Fayette, from twenty-six constituents from the 28th district favoring a fuel quality standard for Iowa. By Heaton of Henry, from forty constituents favoring a fuel quality standard for Iowa. LEAVE OF ABSENCE Leave of absence was granted as follows: Boal of Polk on request of Siegrist of Pottawattamie. SPECIAL PRESENTATION Jacobs of Polk presented to the House Dr. Les Omotani, Superintendent of West Des Moines Schools; Dr. Phyllis Staplin, Curriculum Director; Dr. Robert Brooks, Principal, Valley High School; Phil Peters, Chair Music Department; and students Scott Olson, representing Vocal Music; Clarissa Henry representing the Band and Ken Jarvis representing the Orchestra. They were presented a certificate recognizing their Grammy Signature Award. The House rose and expressed its welcome. The House stood at ease at 9:00 a.m., until the fall of the gavel. The House resumed session at 11:00 a.m., Speaker Corbett in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed fifty-eight members present, forty- two absent. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 21, 1999, amended and passed the following bill in which the concurrence of the House is asked: House File 218, a bill for an act creating a loess hills preservation and development alliance, providing for its responsibilities, and providing for other properly related matters. Also: That the Senate has on April 21, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 689, a bill for an act relating to a proposal by the department of cultural affairs concerning the establishment of an Iowa freedom trail program. MICHAEL E. MARSHALL, Secretary CONSIDERATION OF BILLS Unfinished Business Calendar House File 447, a bill for an act relating to pipelines, interstate natural gas pipelines, and hazardous liquid pipelines, and the restoration of agricultural lands, making penalties applicable, and providing an effective date, was taken up for consideration. SENATE FILE 160 SUBSTITUTED FOR HOUSE FILE 447 Dix of Butler asked and received unanimous consent to substitute Senate File 160 for House File 447. Senate File 160, a bill for an act relating to pipelines, interstate natural gas pipelines, and hazardous liquid pipelines, and the restoration of agricultural lands, making penalties applicable, and providing an effective date, was taken up for consideration. Dix of Butler 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. 160) The ayes were, 95: Alons Arnold Barry Baudler Bell Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Frevert Garman Gipp Greiner Grundberg Hahn Hansen 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 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, 5: Boal Fallon Ford Heaton Schrader The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 447 WITHDRAWN Dix of Butler asked and received unanimous consent to withdraw House File 447 from further consideration by the House. Senate File 323, a bill for an act relating to the use of professional designations by audiologists and speech pathologists, with report of committee recommending passage, was taken up for consideration. Davis of Wapello 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. 323) The ayes were, 95: Alons Arnold Barry Baudler Bell Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege 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 Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman 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, 5: Boal Fallon Ford Schrader Shoultz The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 160 and 323. SENATE AMENDMENTS CONSIDERED Rants of Woodbury called up for consideration House File 448, a bill for an act prohibiting the transmission of electronic mail which includes advertisements in certain circumstances and providing for monetary damages, criminal penalties, and other remedies, amended by the Senate, and moved that the House concur in the following Senate amendment H-1720: H-1720 1 Amend House File 448, as amended, passed, and 2 reprinted by the House, as follows: 3 1. By striking everything after the enacting 4 clause and inserting the following: 5 "Section 1. NEW SECTION. 714D.1 RESTRICTIONS ON 6 USE OF ELECTRONIC MAIL - DAMAGES - EXCEPTIONS. 7 1. DEFINITIONS. For purposes of this section, 8 unless the context otherwise requires: 9 a. "Advertisement" means an electronic mail 10 message sent to a computer for the purpose of 11 promoting real property, goods, or services for sale, 12 lease, barter, or auction. 13 b. "Computer" means an electronic device that 14 performs logical, arithmetical, and memory functions 15 by manipulations of electronic or magnetic impulses, 16 and includes all input, output, processing, storage, 17 and communication facilities which are connected or 18 related to the computer, including a computer network. 19 As used in this paragraph, "computer" includes any 20 central processing unit, front-end processing unit, 21 miniprocessor, or microprocessor, and related 22 peripheral equipment such as data storage devices, 23 document scanners, data entry terminal controllers, 24 and data terminal equipment and systems for computer 25 networks. 26 c. "Computer network" means a set of related, 27 remotely connected devices and communication 28 facilities, including two or more computers with 29 capability to transmit data among them through 30 communication facilities. 31 d. "Electronic mail" means an electronic message, 32 file, data, or other electronic information that is 33 transmitted using an internet or intranet computer 34 network to one or more persons. 35 e. "Interactive computer service" means an 36 information service, system, or access software 37 provider that provides or enables computer access by 38 multiple users to a computer server, including 39 specifically a service or system that provides access 40 to the internet, and such systems operated or services 41 offered by a library or an educational institution. 42 f. "Internet domain name" means a globally unique, 43 hierarchical reference to an internet host or service, 44 assigned through a centralized internet naming 45 authority, comprising a series of character strings 46 separated by periods, with the right-most string 47 specifying the top of the hierarchy. 48 g. "Recipient" means a person who receives 49 electronic mail. 50 2. PROHIBITED ACTS. It is unlawful for a person Page 2 1 to use an interactive computer service to initiate the 2 sending of bulk electronic mail that the sender knows, 3 or has reason to know, violates any of the following: 4 a. Uses the name of a third party in the return 5 address field without permission of the third party. 6 b. Misrepresents any information in identifying 7 the point of origin of the transmission path of the 8 electronic mail. 9 c. Does not contain information identifying the 10 point of origin or the transmission path of the 11 electronic mail message. 12 d. With respect to an unsolicited advertisement, 13 does not, at a minimum, provide an electronic mail 14 address readily identifiable in the advertisement to 15 which the recipient may send a request for declining 16 such electronic mail. 17 e. Demonstrates a pattern of sending unsolicited 18 advertisements to a recipient who has sent the person 19 a request for declining such electronic mail following 20 a reasonable time, which in no event shall be more 21 than five business days, after the receipt by the 22 person of such request. 23 3. CIVIL DAMAGES. 24 a. (1) Except as provided in paragraph "b", a 25 person who is injured in person or property as a 26 result of a violation of this section may bring an 27 action to recover damages. Such damages shall 28 include, but are not limited to, actual damages 29 including lost profits. 30 (2) Notwithstanding subparagraph (1), a person who 31 transmits or causes to be transmitted electronic mail 32 in violation of subsection 2 is liable to the 33 recipient of the electronic mail for monetary damages 34 in an amount equal to any actual damages, including 35 lost profits, caused by such transmittal. The 36 recipient, in lieu of actual damages, may elect to 37 recover from the person transmitting or causing to be 38 transmitted such electronic mail the greater of ten 39 dollars for each bulk electronic mail message 40 transmitted to the recipient in violation of this 41 section, or five hundred dollars. In addition to the 42 monetary damages, the recipient is also entitled to 43 costs and reasonable attorney fees. 44 b. (1) Notwithstanding paragraph "a", if the 45 person injured is an interactive computer service and 46 such injury arises from a person who transmits bulk 47 electronic mail without authority, such service may 48 recover actual damages, attorney fees, and costs. 49 Such service, in lieu of recovering actual damages, 50 may also elect to recover the greater of ten dollars Page 3 1 for each unsolicited bulk electronic mail message 2 transmitted in violation of this section, or twenty- 3 five thousand dollars. 4 (2) For purposes of this paragraph, a person is 5 "without authority" when the person has no right or 6 permission of the owner to use a computer, or the 7 person uses the computer in a manner which exceeds the 8 person's right or permission; or the person uses a 9 computer, a computer network, or the computer services 10 or an interactive computer service to transmit 11 unsolicited bulk electronic mail in contravention of 12 the authority granted by or in violation of the 13 policies set by the interactive computer service to 14 the extent the person has received actual notice of 15 such policies. Transmission of electronic mail from 16 an organization or similar entity to the members of 17 such organization or similar entity shall not be 18 deemed to be unsolicited bulk electronic mail. 19 c. In an action brought under this chapter, a 20 court shall preserve the secrecy of an alleged trade 21 secret by reasonable means, including but not limited 22 to granting protective orders in connection with 23 discovery proceedings, holding in-camera hearings, 24 sealing the records of the action, and ordering a 25 person involved in the litigation not to disclose an 26 alleged trade secret without prior court approval. 27 d. This section shall not be construed to limit 28 any person's right to pursue any additional civil 29 remedy otherwise allowed by law. 30 4. INJUNCTION. In addition to any other remedy 31 under this section, a recipient may also petition the 32 district court for an injunction to prohibit the 33 person from transmitting to the recipient any other 34 electronic mail that includes an advertisement. 35 5. JURISDICTION. Transmitting or causing the 36 transmission of unsolicited bulk electronic mail to or 37 through an interactive computer service's computer 38 network located in this state shall constitute an act 39 in this state. When jurisdiction over a person is 40 based solely upon this section, only a cause of action 41 arising from acts enumerated in this section may be 42 asserted against that person. However, this chapter 43 does not limit, restrict, or otherwise affect the 44 jurisdiction of any court of this state over foreign 45 corporations which are subject to service of process 46 pursuant to any other statute, or the jurisdiction of 47 any court of this state over a person for engaging in 48 acts which result in jurisdiction under this section. 49 6. EXCEPTIONS. 50 a. This section does not apply to any of the Page 4 1 following: 2 (1) A person who provides users with access to a 3 computer network, and as part of that service, 4 transmits electronic mail on behalf of those users, 5 unless such person knowingly transmits electronic mail 6 that includes an advertisement which the person 7 prepared or caused to be prepared. 8 (2) A person who provides users with access to a 9 computer network, and as part of that service, 10 transmits electronic mail on behalf of those users, 11 unless such person transmits electronic mail on behalf 12 of those users which the person knows, or should have 13 known was transmitted in violation of subsection 2. 14 (3) Electronic mail which is accessed by the 15 recipient from an electronic bulletin board. 16 (4) A person who provides users with access at no 17 charge to electronic mail, including receiving and 18 transmitting such electronic mail, and as a condition 19 of providing such access requires such users to 20 receive unsolicited advertisements. 21 b. An interactive computer service is not liable 22 under this section for an action voluntarily taken in 23 good faith to block or prevent the receipt or 24 transmission through its service of any commercial 25 electronic mail which is reasonably believed to be in 26 violation of subsection 2. 27 Sec. 2. NEW SECTION. 714D.2 CIVIL ENFORCEMENT. 28 1. A violation of section 714D.1, subsection 2, is 29 a violation of section 714.16, subsection 2, paragraph 30 "a". All the powers conferred upon the attorney 31 general to accomplish the objectives and carry out the 32 duties prescribed pursuant to section 714.16 are also 33 conferred upon the attorney general to enforce section 34 714D.1, including, but not limited to the power to 35 issue subpoenas, adopt rules which shall have the 36 force of law, and seek injunctive relief and civil 37 penalties. 38 2. In seeking reimbursement pursuant to section 39 714.16, subsection 7, from a person who has committed 40 a violation of section 714D.1, subsection 2, the 41 attorney general may seek an order from the court that 42 the person pay to the attorney general on behalf of 43 consumers the amounts for which the person would be 44 liable under section 714D.1, subsection 3, for each 45 consumer who has a cause of action pursuant to section 46 714D.1, subsection 3. Section 714.16, as it relates 47 to consumer reimbursement, shall apply to consumer 48 reimbursement pursuant to this section." The motion prevailed and the House concurred in the Senate amendment H-1720. Rants of Woodbury 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. 448) The ayes were, 94: Alons Arnold Barry Baudler Bell Blodgett Boddicker Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Jacobs Jager Jenkins 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 Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 6: Boal Boggess Huser Jochum Schrader Van Fossen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Thomson of Linn called up for consideration 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, amended by the Senate, and moved that the House concur in the following Senate amendment H-1677: H-1677 1 Amend House File 532, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, line 13, by striking the word 4 "Integrate" and inserting the following: "Include 5 preparation in reading programs, including reading 6 recovery, and integrate". 7 2. By striking page 1, line 28, through page 2, 8 line 13. 9 3. Page 2, by inserting after line 26 the 10 following: 11 "Sec. ___. BOARD OF EDUCATIONAL EXAMINERS PILOT 12 PROGRAM STUDY. The board of educational examiners 13 shall develop and implement a one-year pilot study to 14 assess the performance of teacher education graduates 15 in the areas of content and pedagogy using a 16 standardized, national assessment, which may be 17 modified to meet the information needs of the board. 18 The purpose of the pilot study is to measure an 19 education graduate's knowledge in the graduate's 20 chosen major field and the graduate's attained level 21 of pedagogy, to establish baseline data on graduates, 22 and to determine whether successful completion of a 23 standardized assessment should be required of all 24 education graduates prior to initial licensure. 25 Individual assessment results from this study shall 26 not prohibit an individual from receiving an initial 27 teaching license under this chapter if the individual 28 meets all other qualifications for licensure. By 29 January 15, 2001, the board of educational examiners 30 shall submit its recommendations in a report 31 summarizing the results of the pilot study to the 32 chairpersons and ranking members of the senate and 33 house standing education committees and of the joint 34 subcommittee on education appropriations." 35 4. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-1677. Thomson of Linn 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. 532) The ayes were, 92: Alons Arnold Barry Baudler Bell Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Cohoon Connors Cormack Davis^ Dix Doderer Dolecheck Drake Drees Eddie Fallon Ford 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 Scherrman 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, 5: Chapman Dotzler Falck Foege Richardson Absent or not voting, 3: Boal Houser Schrader The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Boggess of Taylor called up for consideration House File 570, a bill for an act relating to the Iowa turkey marketing council, by providing procedures for the administration of the council, a producer assessment, refunds, and for the expenditure of moneys by the council, and providing an effective date, amended by the Senate amendment H-1519 as follows: H-1519 1 Amend House File 570, as passed by the House, as 2 follows: 3 1. Page 6, line 33, by striking the word "may" 4 and inserting the following: "shall". The motion prevailed and the House concurred in the Senate amendment H-1519. Boggess of Taylor 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. 570) The ayes were, 97: Alons Arnold Barry Baudler Bell Blodgett Boddicker Boggess Bradley Brauns Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon 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 Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman 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 Brunkhorst Schrader The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 448, 532 and 570. Unfinished Business Calendar Senate File 367, a bill for an act adopting the Uniform Child Custody Jurisdiction and Enforcement Act, with report of committee recommending passage, was taken up for consideration. Boddicker of Cedar asked and received unanimous consent to withdraw amendment H-1704 filed by him on April 20, 1999. Boddicker of Cedar moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 367) The ayes were, 96: Alons Arnold Barry Baudler Bell Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Cormack Davis Dix Dolecheck Dotzler Drake Drees Eddie Falck Fallon 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 Parmenter Raecker Rants Reynolds Richardson Scherrman 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, 4: Boal Doderer Rayhons Schrader The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. SENATE AMENDMENTS CONSIDERED Mertz of Kossuth called up for consideration House File 343, a bill for an act providing for the collection of moneys by a county board of supervisors arising out of the construction of a drainage improvement within a railroad right-of-way, amended by the Senate, and moved that the House concur in the following Senate amendment H-1716: H-1716 1 Amend House File 343, as passed by the House, as 2 follows: 3 1. Page 1, by striking lines 12 through 15 and 4 inserting the following: "jurisdiction. The court 5 may award a prevailing county reasonable attorney fees 6 incurred by the county, to be paid by the railroad 7 company and taxed as part of the costs of the action." The motion prevailed and the House concurred in the Senate amendment H-1716. Mertz of Kossuth 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. 343) The ayes were, 96: Alons Arnold Barry Baudler Bell Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Cohoon Connors Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon 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 Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman 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, 4: Boal Chapman Larson Schrader The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Boddicker of Cedar called up for consideration House File 172, a bill for an act relating to adoption procedural requirements including those related to investigations, reports, and counseling, amended by the Senate amendment H-1703 as follows: H-1703 1 Amend House File 172 as passed by the House, as 2 follows: 3 1. Page 2, by inserting after line 31, the 4 following: 5 "Sec. ___. NEW SECTION. 600.14A FINALITY OF 6 ADOPTION DECREE. 7 1. After the expiration of thirty days following 8 the entry of the final adoption decree, the final 9 adoption decree shall not be attacked by reason of any 10 jurisdictional or procedural defect, fraud, duress, or 11 misrepresentation, and any such defect shall be deemed 12 cured. This subsection shall not apply to section 13 600A.9, subsection 3. 14 2. If a final adoption decree is attacked on any 15 basis at any time, the paramount consideration of the 16 court shall be the best interest of the child, and the 17 court shall sustain the final adoption decree unless 18 the court is presented with clear and convincing 19 evidence that the adoption is not in the best interest 20 of the child." 21 2. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-1703. Boddicker of Cedar 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. 172) The ayes were, 55: Alons Arnold Barry Baudler Blodgett Boddicker Boggess Brauns Brunkhorst Carroll Cormack Davis Dix Doderer Dolecheck Drake Eddie Fallon Gipp Greiner Grundberg Hahn Hansen Heaton Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Klemme Larson Lord Martin May Metcalf Mundie O'Brien Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Weigel Welter Mr. Speaker Corbett The nays were, 43: Bell Bradley Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Dotzler Drees Falck Foege Ford Frevert Garman Hoffman Holveck Huser Jochum Kettering Kreiman Kuhn Larkin Mascher Mertz Millage Murphy Myers Nelson Osterhaus Parmenter Reynolds Richardson Scherrman Shoultz Stevens Taylor Thomas Warnstadt Whitead Wise Witt Absent or not voting, 2: Boal Schrader The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate File 367 and House File 343. On motion by Siegrist of Pottawattamie, the House was recessed at 12:10 p.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 1:12 p.m., Speaker pro tempore Rants in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed sixty-five members present, thirty- five absent. INTRODUCTION OF BILL House File 774, by Houser, Arnold, Van Engelenhoven, Barry, Klemme, Huseman, Osterhaus, Teig, Drees, Myers, Drake, Mertz, Mundie, Reynolds, Boggess, Carroll, Kuhn, Frevert, Dolecheck, Hoffman, Scherrman, Jager, Falck, Alons, Brauns, Kettering, Richardson, Heaton, Tyrrell, Johnson, Eddie, Rayhons, and Weidman, a bill for an act exempting the increase in assessed value of a farm structure due to improvements made to the structure to preserve it as a barn. Read first time and referred to committee on local government. SENATE AMENDMENT CONSIDERED Sukup of Franklin called up for consideration House File 700, a bill for an act relating to the liability for unpaid rates or charges of a city utility or enterprise service for water, sewage, and solid waste services, amended by the Senate amendment H-1639 as follows: H-1639 1 Amend House File 700, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, by striking lines 3 through 5 and 4 inserting the following: 5 "NEW PARAGRAPH. d. If a delinquent amount is owed 6 by an account holder for water service associated with 7 a prior property or premises, a city utility, city 8 enterprise, or". 9 2. Page 1, line 32, by inserting after the word 10 "directly" the following: "to the city utility or 11 enterprise". Sukup of Franklin offered the following amendment H?1714, to the Senate amendment H?1639, filed by him and moved its adoption: H-1714 1 Amend the Senate amendment, H-1639, to House File 2 700, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 1, line 6, by striking the word "water" 5 and inserting the following: "a utility". Amendment H?1714 was adopted. On motion by Sukup of Franklin the House concurred in the Senate amendment H-1639, as amended. Sukup of Franklin moved that the bill, as amended by the Senate, further amended by the House, 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. 700) The ayes were, 87: Alons Arnold Barry Baudler Bell Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Cohoon Connors Cormack Davis Dix Dolecheck Dotzler Drake Drees Eddie Fallon Foege Ford Frevert 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 Metcalf Millage Mundie Myers Nelson O'Brien Osterhaus Raecker Rayhons Reynolds Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomson Tyrrell Van Engelenhoven Warnstadt Weidman Welter Whitead Wise Witt Rants, Presiding The nays were, 5: Chapman Doderer Garman Parmenter Richardson Absent or not voting, 8: Boal Corbett, Spkr. Falck Mertz Murphy Thomas Van Fossen Weigel The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. MOTION TO RECONSIDER PREVAILED (House File 172) Boddicker of Cedar called up for consideration the motion to reconsider House File 172 filed by him from floor, and moved to reconsider the vote by which House File 172, a bill for an act relating to adoption procedural requirements including those related to investigations, reports, and counseling, passed the House and was placed on its last reading on April 21, 1999. The motion prevailed and the House reconsidered House File 172. Boddicker of Cedar asked and received unanimous consent to reconsider amendment H-1703. Boddicker of Cedar offered the following amendment H?1732, to the Senate amendment H?1703, filed by him and Kreiman of Davis from the floor and moved its adoption: H-1732 1 Amend the amendment, H-1703, to House File 172, as 2 passed by the House, as follows: 3 1. Page 1, line 7, by striking the words "thirty 4 days" and inserting the following: "one year". 5 2. Page 1, line 10, by striking the word 6 "fraud,". Amendment H?1732 was adopted. On motion by Boddicker of Cedar the House concurred in the Senate amendment H-1703, as amended. Boddicker of Cedar moved that the bill, as amended by the Senate, further amended 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. 172) The ayes were, 94: Alons Arnold Barry Baudler Bell Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon 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 Metcalf Millage Mundie Myers Nelson O'Brien Osterhaus Parmenter Raecker Rayhons Reynolds Richardson Scherrman Schrader Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Welter Whitead Wise Witt Rants, Presiding The nays were, none. Absent or not voting, 6: Boal Mertz Murphy Shoultz Thomas Weigel The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 172 be immediately messaged to the Senate. SPECIAL PRESENTATION Shoultz of Black Hawk presented to the House Nina Smith, Parade Magazine's Girls High School Basketball National Player of the Year. The House rose and expressed its welcome. ADOPTION OF HOUSE RESOLUTION 19 Jenkins of Black Hawk called up for consideration House Resolution 19, a resolution honoring Nina Smith for being named girls' high school basketball National Player of the Year, and moved its adoption. The motion prevailed and the resolution was adopted. Appropriations Calendar Senate File 464, a bill for an act relating to the funding of, operation of, and appropriation of moneys to the college student aid commission, the department of cultural affairs, the department of education, and the state board of regents, providing related statutory changes, and providing effective dates, with report of committee recommending amendment and passage, was taken up for consideration. Hansen of Pottawattamie offered amendment H-1618 filed by the committee on appropriations as follows: H-1618 1 Amend Senate File 464, 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 "COLLEGE STUDENT AID COMMISSION 6 Section 1. There is appropriated from the general 7 fund of the state to the college student aid 8 commission for the fiscal year beginning July 1, 1999, 9 and ending June 30, 2000, the following amounts, or so 10 much thereof as may be necessary, to be used for the 11 purposes designated: 12 1. GENERAL ADMINISTRATION 13 For salaries, support, maintenance, miscellaneous 14 purposes, and for not more than the following full- 15 time equivalent positions: 16 $ 331,727 17 FTEs 5.40 18 2. UNIVERSITY OF OSTEOPATHIC MEDICINE AND HEALTH 19 SCIENCES 20 a. For forgivable loans to Iowa students attending 21 the university of osteopathic medicine and health 22 sciences under the forgivable loan program pursuant to 23 section 261.19: 24 $ 379,260 25 b. For the university of osteopathic medicine and 26 health sciences for an initiative in primary health 27 care to direct primary care physicians to shortage 28 areas in the state: 29 $ 395,000 30 3. STUDENT AID PROGRAMS 31 For payments to students for the Iowa grant 32 program: 33 $ 1,161,850 34 4. NATIONAL GUARD TUITION AID PROGRAM 35 For purposes of providing national guard tuition 36 aid under the program established in section 261.86: 37 $ 833,900 38 5. CHIROPRACTIC GRADUATE STUDENT FORGIVABLE LOAN 39 PROGRAM 40 For purposes of providing forgivable loans under 41 the program established in section 261.71: 42 $ 100,000 43 6. TEACHER SHORTAGE FORGIVABLE LOAN PROGRAM 44 For the teacher shortage forgivable loan program 45 established in section 261.111: 46 .................................................. $ 250,000 47 Sec. 2. There is appropriated from the loan 48 reserve account to the college student aid commission 49 for the fiscal year beginning July 1, 1999, and ending 50 June 30, 2000, the following amount, or so much Page 2 1 thereof as may be necessary, to be used for the 2 purposes designated: 3 For operating costs of the Stafford loan program 4 including salaries, support, maintenance, 5 miscellaneous purposes, and for not more than the 6 following full-time equivalent positions: 7 $ 5,226,983 8 FTEs 33.61 9 Sec. 3. The department of revenue and finance 10 shall deposit interest earned on the Pub. L. No. 105- 11 33 recall account within the office of the treasurer 12 of state during the fiscal year ending June 30, 1999, 13 in the fund 61 default reduction account. Moneys in 14 the fund 61 default reduction account are appropriated 15 to the college student aid commission for the fiscal 16 year beginning July 1, 1999, and ending June 30, 2000, 17 for purposes of issuing emergency loans to assist 18 needy students in avoiding default on a guaranteed or 19 parental loan made under chapter 261. 20 Sec. 4. REMAINING NATIONAL GUARD TUITION AID 21 PROGRAM BALANCE. Notwithstanding section 8.33, the 22 unencumbered or unobligated moneys remaining at the 23 end of the fiscal year ending June 30, 1999, from the 24 appropriations made in 1998 Iowa Acts, chapter 1215, 25 section 1, subsection 4, shall not revert but shall be 26 available for expenditure during the subsequent fiscal 27 year for the purposes of the national guard tuition 28 aid program. 29 Sec. 5. REMAINING INDUSTRIAL TECHNOLOGY FORGIVABLE 30 LOAN PROGRAM BALANCE. Notwithstanding section 8.33 or 31 section 261.25, subsection 4, Code 1999, or any other 32 provision to the contrary, unencumbered or unobligated 33 funds remaining on June 30, 1999, for purposes of the 34 industrial technology forgivable loan program 35 established in section 261.111, shall be available to 36 the college student aid commission for expenditure for 37 the fiscal year beginning July 1, 1999, and for 38 succeeding fiscal years for the purposes of the 39 teacher shortage forgivable loan program established 40 in section 261.111 if enacted by an Act of the 1999 41 Session. 42 DEPARTMENT OF CULTURAL AFFAIRS 43 Sec. 6. There is appropriated from the general 44 fund of the state to the department of cultural 45 affairs for the fiscal year beginning July 1, 1999, 46 and ending June 30, 2000, the following amounts, or so 47 much thereof as is necessary, to be used for the 48 purposes designated: 49 1. ARTS DIVISION 50 For salaries, support, maintenance, miscellaneous Page 3 1 purposes, including funds to match federal grants and 2 for not more than the following full-time equivalent 3 positions: 4 $ 1,444,795 5 FTEs 10.00 6 2. HISTORICAL DIVISION 7 For salaries, support, maintenance, miscellaneous 8 purposes, and for not more than the following full- 9 time equivalent positions: 10 $ 3,188,307 11 FTEs 65.70 12 3. HISTORIC SITES 13 For salaries, support, maintenance, miscellaneous 14 purposes, and for not more than the following full- 15 time equivalent positions: 16 $ 596,001 17 FTEs 8.00 18 4. ADMINISTRATION 19 For salaries, support, maintenance, miscellaneous 20 purposes, and for not more than the following full- 21 time equivalent positions: 22 $ 236,562 23 FTEs 4.30 24 The department of cultural affairs shall coordinate 25 activities with the tourism division of the department 26 of economic development to promote attendance at the 27 state historical building and at this state's historic 28 sites. 29 5. LOCAL ARTS COMPREHENSIVE EDUCATIONAL STRATEGIES 30 PROGRAM (LACES) 31 For contracting with the Iowa alliance for arts 32 education to execute their local arts comprehensive 33 educational strategies: 34 $ 25,000 35 6. COMMUNITY CULTURAL GRANTS 36 For planning and programming for the community 37 cultural grants program established under section 38 303.3, and for not more than the following full-time 39 equivalent position: 40 $ 713,557 41 FTEs 0.70 42 DEPARTMENT OF EDUCATION 43 Sec. 7. There is appropriated from the general 44 fund of the state to the department of education for 45 the fiscal year beginning July 1, 1999, and ending 46 June 30, 2000, the following amounts, or so much 47 thereof as may be necessary, to be used for the 48 purposes designated: 49 1. GENERAL ADMINISTRATION 50 For salaries, support, maintenance, miscellaneous Page 4 1 purposes, and for not more than the following full- 2 time equivalent positions: 3 $ 5,719,322 4 FTEs 98.45 5 2. VOCATIONAL EDUCATION ADMINISTRATION 6 For salaries, support, maintenance, miscellaneous 7 purposes, and for not more than the following full- 8 time equivalent positions: 9 $ 554,481 10 FTEs 15.60 11 3. BOARD OF EDUCATIONAL EXAMINERS 12 a. For salaries, support, maintenance, 13 miscellaneous purposes, and for not more than the 14 following full-time equivalent positions: 15 $ 205,396 16 FTEs 2.00 17 b. For purposes of implementing a multilevel 18 voluntary para-educator licensing system in accordance 19 with section 272.12: 20 $ 75,000 21 4. VOCATIONAL REHABILITATION SERVICES DIVISION 22 a. For salaries, support, maintenance, 23 miscellaneous purposes, and for not more than the 24 following full-time equivalent positions: 25 $ 4,631,873 26 FTEs 302.25 27 From the funds appropriated in this lettered 28 paragraph, up to $2,000,000 shall be used to provide 29 services to persons without regard to an order of 30 selection. The division shall seek additional local 31 matching funds in an amount sufficient to avoid any 32 loss of federal funds. 33 The division of vocational rehabilitation services 34 shall seek a waiver from the federal government to 35 accept assessments of clients performed by area 36 education agencies or any other governmental 37 subdivision. The division shall also seek additional 38 federal waivers to improve and increase the 39 availability of supported employment services to 40 Iowans. 41 The division of vocational rehabilitation services 42 shall seek funds other than federal funds, which may 43 include but are not limited to local funds from local 44 provider entities, community colleges, area education 45 agencies, and local education agencies, for purposes 46 of matching federal vocational rehabilitation funds. 47 The funds collected by the division may exceed the 48 amount needed to match available federal vocational 49 rehabilitation funds in an effort to qualify for 50 additional federal funds when such funds become Page 5 1 available. 2 Except where prohibited under federal law, the 3 division of vocational rehabilitation services of the 4 department of education shall accept client 5 assessments, or assessments of potential clients, 6 performed by other agencies in order to reduce 7 duplication of effort. 8 Notwithstanding the full-time equivalent position 9 limit established in this lettered paragraph, for the 10 fiscal year ending June 30, 2000, if federal funding 11 is received to pay the costs of additional employees 12 for the vocational rehabilitation services division 13 who would have duties relating to vocational 14 rehabilitation services paid for through federal 15 funding, authorization to hire not more than 4.00 16 additional full-time equivalent employees shall be 17 provided, the full-time equivalent position limit 18 shall be exceeded, and the additional employees shall 19 be hired by the division. 20 The division of vocational rehabilitation services 21 shall enter into a chapter 28E agreement with the 22 creative employment options program at the state 23 university of Iowa, or take whatever other action is 24 necessary, to enable the division to count as a local 25 match the state funds appropriated to the university 26 for purposes of the creative employment options 27 program. 28 b. For matching funds for programs to enable 29 persons with severe physical or mental disabilities to 30 function more independently, including salaries and 31 support, and for not more than the following full-time 32 equivalent positions: 33 $ 76,067 34 FTEs 1.50 35 The highest priority use for the moneys 36 appropriated under this lettered paragraph shall be 37 for programs that emphasize employment and assist 38 persons with severe physical or mental disabilities to 39 find and maintain employment to enable them to 40 function more independently. 41 5. STATE LIBRARY 42 a. For salaries, support, maintenance, 43 miscellaneous purposes, and for not more than the 44 following full-time equivalent positions: 45 $ 3,153,168 46 FTEs 21.00 47 Reimbursement of the institutions of higher 48 learning under the state board of regents for 49 participation in the access plus program during the 50 fiscal year beginning July 1, 1999, and ending June Page 6 1 30, 2000, shall not exceed the total amount of 2 reimbursement paid to the regents institutions of 3 higher learning for participation in the access plus 4 program during the fiscal year beginning July 1, 1998, 5 and ending June 30, 1999. 6 b. For a one-year enrich Iowa pilot program: 7 $ 500,000 8 (1) Funds allocated for purposes of the enrich 9 Iowa pilot program as provided in this lettered 10 paragraph shall be distributed by the division of 11 libraries and information services to eligible public 12 libraries that are in compliance with performance 13 measures adopted by rule by the commission. The 14 amount distributed to each eligible public library 15 shall be based upon the following: 16 (a) The level of compliance by the eligible public 17 library with the performance measures adopted by the 18 commission as provided in this subsection. 19 (b) The number of people residing within an 20 eligible library's geographic service area for whom 21 the library provides services. 22 (c) The amount of other funding the eligible 23 public library received in the previous fiscal year 24 for providing services to rural residents and to 25 contracting communities. 26 (2) Moneys received by a public library under this 27 lettered paragraph shall supplement, not supplant, any 28 other funding received by the library. 29 (3) For purposes of this section, "eligible public 30 library" means a public library that meets at least 31 all of the following requirements: 32 (a) Submits to the division all of the following: 33 (i) The report provided for under section 256.51, 34 subsection 1, paragraph "h". 35 (ii) An application and accreditation report, in a 36 format approved by the commission, that provides 37 evidence of the library's compliance with at least one 38 level of the standards established in accordance with 39 section 256.51, subsection 1, paragraph "k". 40 (iii) Any other application or report the division 41 deems necessary for the implementation of the enrich 42 Iowa program. 43 (b) Participates in the library resource and 44 information sharing programs established by the state 45 library. 46 (c) Is a public library established by city 47 ordinance or a county library as provided in chapter 48 336. 49 (4) Each eligible public library shall maintain a 50 separate listing within its budget for payments Page 7 1 received and expenditures made pursuant to this 2 section, and shall annually submit this listing to the 3 division. 4 (5) By January 15, 2000, the division shall submit 5 a program evaluation report to the general assembly 6 and the governor detailing the uses and the impacts of 7 funds allocated under this lettered paragraph. It is 8 the intent of the general assembly to address the 9 continuation of the enrich Iowa pilot program during 10 the 2000 legislative session. 11 6. REGIONAL LIBRARY 12 For state aid: 13 $ 1,687,000 14 The division of libraries and information services 15 shall submit a list of current regional library 16 employees and their salaries to the department of 17 management by August 1, 1999. The list shall be used 18 by the department for purposes of calculating the 19 annual salary increase need, based on the salary 20 increases negotiated by the American federation of 21 state, county, and municipal employees. The amount 22 calculated by the department for salary need shall be 23 included in the regional library budget request 24 submitted to the governor for the fiscal year 25 beginning July 1, 2000, and ending June 30, 2001. 26 7. PUBLIC BROADCASTING DIVISION 27 For salaries, support, maintenance, capital 28 expenditures, miscellaneous purposes, and for not more 29 than the following full-time equivalent positions: 30 $ 7,661,324 31 FTEs 106.40 32 8. VOCATIONAL EDUCATION TO SECONDARY SCHOOLS 33 For reimbursement for vocational education 34 expenditures made by secondary schools: 35 $ 3,308,850 36 Funds appropriated in this subsection shall be used 37 for expenditures made by school districts to meet the 38 standards set in sections 256.11, 258.4, and 260C.14 39 as a result of the enactment of 1989 Iowa Acts, 40 chapter 278. Funds shall be used as reimbursement for 41 vocational education expenditures made by secondary 42 schools in the manner provided by the department of 43 education for implementation of the standards set in 44 1989 Iowa Acts, chapter 278. 45 9. SCHOOL FOOD SERVICE 46 For use as state matching funds for federal 47 programs that shall be disbursed according to federal 48 regulations, including salaries, support, maintenance, 49 miscellaneous purposes, and for not more than the 50 following full-time equivalent positions: Page 8 1 $ 2,716,859 2 FTEs 14.00 3 10. IOWA EMPOWERMENT FUND 4 For deposit in the school ready children grants 5 account of the Iowa empowerment fund created in 6 section 7I.8: 7 $ 10,400,000 8 11. TEXTBOOKS OF NONPUBLIC SCHOOL PUPILS 9 To provide funds for costs of providing textbooks 10 to each resident pupil who attends a nonpublic school 11 as authorized by section 301.1. The funding is 12 limited to $20 per pupil and shall not exceed the 13 comparable services offered to resident public school 14 pupils: 15 $ 600,000 16 12. VOCATIONAL AGRICULTURE YOUTH ORGANIZATION 17 To assist a vocational agriculture youth 18 organization sponsored by the schools to support the 19 foundation established by that vocational agriculture 20 youth organization and for other youth activities: 21 $ 107,900 22 13. NATIONAL BOARD CERTIFICATION 23 For the issuance of national board certification 24 awards in accordance with section 256.44: 25 $ 1,000,000 26 Notwithstanding section 8.33, funds appropriated 27 for purposes of this section which remain unencumbered 28 or unobligated at the close of the fiscal year, shall 29 not revert but shall be available for expenditure for 30 purposes of issuing national board certification 31 awards during the succeeding fiscal year. 32 14. EMPLOYABILITY SKILLS ASSESSMENTS 33 REIMBURSEMENTS 34 For reimbursement of school district claims for the 35 costs of acquiring and using employability skills 36 assessment tools as provided in this subsection: 37 $ 350,000 38 a. The department of education shall reimburse 39 school district claims for the costs of acquiring, 40 administering, and scoring assessment tools to assess 41 the employability skills of students enrolled in grade 42 12. The director of education shall identify 43 available employability skills assessment tools that 44 school districts may use to meet the claim 45 reimbursement requirements of this subsection. 46 b. In order to be eligible for reimbursement under 47 this subsection, a school district shall submit a 48 claim on forms provided by the department by July 15, 49 2000, and the claim shall state the actual costs 50 incurred and shall be accompanied by an affidavit of Page 9 1 an officer of the school district affirming the 2 accuracy of the claim. 3 c. The department of education shall certify to 4 the department of revenue and finance the amounts of 5 approved claims to be paid, and the department of 6 revenue and finance shall draw warrants payable to 7 school districts with approved claims, taking into 8 consideration the relative budget and cash position of 9 the state resources. 10 d. Moneys received under this subsection shall not 11 be commingled with state aid payments made under 12 section 257.16 to a school district and shall be 13 accounted for by the school district separately from 14 state aid payments. Payments made to a school 15 district under this subsection are miscellaneous 16 income for purposes of chapter 257. 17 e. If the funds appropriated in this subsection 18 are insufficient to pay in full the claims submitted 19 by school districts and approved by the department, 20 the amounts of approved claims shall be prorated among 21 all school districts with approved claims. 22 15. COMMUNITY COLLEGES 23 For general state financial aid, including general 24 financial aid to merged areas in lieu of personal 25 property tax replacement payments, to merged areas as 26 defined in section 260C.2, for vocational education 27 programs in accordance with chapters 258 and 260C: 28 $141,577,403 29 The funds appropriated in this subsection shall be 30 allocated as follows: 31 a. Merged Area I $ 6,788,405 32 b. Merged Area II $ 7,981,873 33 c. Merged Area III $ 7,452,448 34 d. Merged Area IV $ 3,638,156 35 e. Merged Area V $ 7,598,634 36 f. Merged Area VI $ 7,059,555 37 g. Merged Area VII $10,138,631 38 h. Merged Area IX $12,444,971 39 i. Merged Area X $19,480,613 40 j. Merged Area XI $20,720,212 41 k. Merged Area XII $ 8,173,625 42 l. Merged Area XIII $ 8,395,697 43 m. Merged Area XIV $ 3,684,420 44 n. Merged Area XV $11,561,901 45 o. Merged Area XVI $ 6,458,262 46 Sec. 8. DISTRIBUTION OF FUNDS APPROPRIATED. For 47 the fiscal year beginning July 1, 1999, and ending 48 June 30, 2000, moneys appropriated by the general 49 assembly from the general fund to the department of 50 education for community colleges for a fiscal year Page 10 1 shall be allocated to each community college by the 2 department of education in the following manner: 3 1. BASE FUNDING. The base funding for a fiscal 4 year shall be equal to the amount each community 5 college received as an allocation from appropriations 6 made from the general fund of the state in the most 7 recent fiscal year. 8 2. DISTRIBUTION FOR INFLATION. First priority 9 shall be to give each college an increase based upon 10 inflation. The inflation increase shall be not less 11 than 2 percent. However, the inflation increase shall 12 be equal to the national inflation rate, if it exceeds 13 2 percent, if the amount of state aid appropriated is 14 equal to or greater than the national inflation rate. 15 3. DISTRIBUTION BASED ON PROPORTIONAL SHARE OF 16 ENROLLMENT. The balance of the growth in state aid 17 appropriations, once the inflation increase has been 18 satisfied, shall be distributed based on each 19 college's proportional share of enrollment. However, 20 a minimum of one percent of the total growth shall be 21 distributed in this manner. 22 4. If the total appropriation made by the general 23 assembly is less than 2 percent growth, the entire 24 increase shall be distributed as inflation. 25 Sec. 9. BOARD OF EDUCATIONAL EXAMINERS LICENSING 26 FEES. Notwithstanding section 272.10, up to 85 27 percent of any funds received annually resulting from 28 an increase in fees approved and implemented for 29 licensing by the state board of educational examiners 30 after July 1, 1997, shall be available for the fiscal 31 year beginning July 1, 1999, to the state board for 32 purposes related to the state board's duties, 33 including, but not limited to, additional full-time 34 equivalent positions. The director of revenue and 35 finance shall draw warrants upon the treasurer of 36 state from the funds appropriated as provided in this 37 section and shall make the funds resulting from the 38 increase in fees available during the fiscal year to 39 the state board on a monthly basis. 40 Sec. 10. FISCAL YEAR 1999-2000 EXTENDED SCHOOL 41 YEAR GRANT MONEYS - DISTRIBUTION. 42 1. Notwithstanding section 8.33 and section 43 256.22, subsection 4, from the funds appropriated in 44 1998 Iowa Acts, chapter 1216, section 1, subsection 1, 45 to the department of education for extended school 46 year grants, which remain unencumbered or unobligated 47 on June 30, 1999, the sum of $460,000 shall not revert 48 to the general fund of the state and shall not be 49 available for expenditure for the following fiscal 50 year for purposes of extended school year grants, but Page 11 1 shall be reallocated by the department as follows: 2 a. The sum of $200,000 to the board of educational 3 examiners for a one-year pilot program study to assess 4 the performance of teacher education graduates at no 5 charge to the graduates. The department of education, 6 the board of educational examiners, and the college 7 student aid commission shall determine the number of 8 students that will be tested at each postsecondary 9 institution that provides an approved practitioner 10 preparation program in a manner that will result in a 11 reliable statistical sampling. It is the intent of 12 the general assembly that if the board recommends 13 statewide implementation of the assessment prior to 14 initial licensure, the costs of an assessment shall be 15 paid by the teacher education graduate applying for 16 initial licensure. 17 b. The sum of $100,000 to the division of 18 libraries and information services for promotion of 19 the next decennial federal census. 20 c. The sum of $100,000 to the department of 21 education for distribution to the reading recovery 22 center. 23 d. The sum of $60,000 to the department of 24 education for support of the family resource center 25 demonstration program established under chapter 256C. 26 Sec. 11. COMMUNITY COLLEGE GOVERNANCE TASK FORCE. 27 The legislative council is requested to establish an 28 interim task force consisting of members of both 29 political parties from both houses of the general 30 assembly, the office of the governor, the boards of 31 directors of the community colleges, the Iowa 32 association of community college presidents, and the 33 division of community colleges and workforce 34 preparation of the department of education, to 35 identify and study options for restructuring the 36 community college governance system. The goal of the 37 task force shall be to determine a plan for a 38 community college governance structure that causes 39 community colleges to operate more cooperatively, 40 effectively, and efficiently as a state system, while 41 recognizing the strong local character of community 42 colleges. The task force shall review the current 43 community college governance system; ongoing 44 collaborative efforts among the community colleges; 45 the relationships between the community colleges and 46 local school districts, accredited nonpublic schools, 47 other accredited postsecondary institutions in Iowa, 48 and the department of education; and changes necessary 49 to enhance the accountability of community colleges. 50 The task force shall submit its findings and Page 12 1 recommendations for a plan for a restructuring of the 2 community college governance system that achieves the 3 goals set forth in this section in a report to the 4 chairpersons and ranking members of the senate and 5 house standing committees on education and the joint 6 appropriations subcommittee on education by December 7 1, 1999. 8 STATE BOARD OF REGENTS 9 Sec. 12. There is appropriated from the general 10 fund of the state to the state board of regents for 11 the fiscal year beginning July 1, 1999, and ending 12 June 30, 2000, the following amounts, or so much 13 thereof as may be necessary, to be used for the 14 purposes designated: 15 1. OFFICE OF STATE BOARD OF REGENTS 16 a. For salaries, support, maintenance, 17 miscellaneous purposes, and for not more than the 18 following full-time equivalent positions: 19 $ 1,235,518 20 FTEs 15.63 21 The state board of regents, the department of 22 management, and the legislative fiscal bureau shall 23 cooperate to determine and agree upon, by November 15, 24 1999, the amount that needs to be appropriated for 25 tuition replacement for the fiscal year beginning July 26 1, 2000. 27 The state board of regents shall submit a monthly 28 financial report in a format agreed upon by the state 29 board of regents office and the legislative fiscal 30 bureau. 31 b. For allocation by the state board of regents to 32 the state university of Iowa, the Iowa state 33 university of science and technology, and the 34 university of northern Iowa to reimburse the 35 institutions for deficiencies in their operating funds 36 resulting from the pledging of tuitions, student fees 37 and charges, and institutional income to finance the 38 cost of providing academic and administrative 39 buildings and facilities and utility services at the 40 institutions: 41 $ 27,927,851 42 c. For funds to be allocated to the southwest Iowa 43 graduate studies center: 44 $ 111,113 45 d. For funds to be allocated to the siouxland 46 interstate metropolitan planning council for the 47 tristate graduate center under section 262.9, 48 subsection 21: 49 $ 81,716 50 e. For funds to be allocated to the quad-cities Page 13 1 graduate studies center: 2 $ 167,086 3 2. STATE UNIVERSITY OF IOWA 4 a. General university, including lakeside 5 laboratory 6 For salaries, support, maintenance, equipment, 7 miscellaneous purposes, and for not more than the 8 following full-time equivalent positions: 9 $237,361,603 10 FTEs 4,048.62 11 b. University hospitals 12 For salaries, support, maintenance, equipment, and 13 miscellaneous purposes and for medical and surgical 14 treatment of indigent patients as provided in chapter 15 255, for medical education, and for not more than the 16 following full-time equivalent positions: 17 $ 31,812,568 18 FTEs 5,511.67 19 The university of Iowa hospitals and clinics shall, 20 within the context of chapter 255 and when medically 21 appropriate, make reasonable efforts to extend the 22 university of Iowa hospitals and clinics' use of home 23 telemedicine and other technologies to reduce the 24 frequency of visits to the hospital required by 25 indigent patients. The university of Iowa hospitals 26 and clinics shall submit a report to the general 27 assembly and the legislative fiscal bureau by January 28 15, 2000, describing its use of these technologies to 29 accomplish this purpose. 30 The university of Iowa hospitals and clinics shall 31 submit quarterly a report regarding the portion of the 32 appropriation in this lettered paragraph expended on 33 medical education. The report shall be submitted in a 34 format jointly developed by the university of Iowa 35 hospitals and clinics, the legislative fiscal bureau, 36 and the department of management, and shall delineate 37 the expenditures and purposes of the funds. 38 Funds appropriated in this lettered paragraph shall 39 not be used to perform abortions except medically 40 necessary abortions, and shall not be used to operate 41 the early termination of pregnancy clinic except for 42 the performance of medically necessary abortions. For 43 the purpose of this lettered paragraph, an abortion is 44 the purposeful interruption of pregnancy with the 45 intention other than to produce a live-born infant or 46 to remove a dead fetus, and a medically necessary 47 abortion is one performed under one of the following 48 conditions: 49 (1) The attending physician certifies that 50 continuing the pregnancy would endanger the life of Page 14 1 the pregnant woman. 2 (2) The attending physician certifies that the 3 fetus is physically deformed, mentally deficient, or 4 afflicted with a congenital illness. 5 (3) The pregnancy is the result of a rape which is 6 reported within 45 days of the incident to a law 7 enforcement agency or public or private health agency 8 which may include a family physician. 9 (4) The pregnancy is the result of incest which is 10 reported within 150 days of the incident to a law 11 enforcement agency or public or private health agency 12 which may include a family physician. 13 (5) The abortion is a spontaneous abortion, 14 commonly known as a miscarriage, wherein not all of 15 the products of conception are expelled. 16 The total quota allocated to the counties for 17 indigent patients for the fiscal year beginning July 18 1, 1999, shall not be lower than the total quota 19 allocated to the counties for the fiscal year 20 commencing July 1, 1998. The total quota shall be 21 allocated among the counties on the basis of the 1990 22 census pursuant to section 255.16. 23 c. Psychiatric hospital 24 For salaries, support, maintenance, equipment, 25 miscellaneous purposes, for the care, treatment, and 26 maintenance of committed and voluntary public 27 patients, and for not more than the following full- 28 time equivalent positions: 29 $ 7,968,070 30 FTEs 292.18 31 d. Hospital-school 32 For salaries, support, maintenance, miscellaneous 33 purposes, and for not more than the following full- 34 time equivalent positions: 35 $ 6,991,199 36 FTEs 161.56 37 From the funds appropriated in this lettered 38 paragraph, $200,000 shall be allocated for purposes of 39 the creative employment options program. 40 e. Oakdale campus 41 For salaries, support, maintenance, miscellaneous 42 purposes, and for not more than the following full- 43 time equivalent positions: 44 $ 3,100,866 45 FTEs 60.58 46 f. State hygienic laboratory 47 For salaries, support, maintenance, miscellaneous 48 purposes, and for not more than the following full- 49 time equivalent positions: 50 $ 3,870,920 Page 15 1 FTEs 102.49 2 g. Family practice program 3 For allocation by the dean of the college of 4 medicine, with approval of the advisory board, to 5 qualified participants, to carry out chapter 148D for 6 the family practice program, including salaries and 7 support, and for not more than the following full-time 8 equivalent positions: 9 $ 2,312,290 10 FTEs 192.40 11 h. Child health care services 12 For specialized child health care services, 13 including childhood cancer diagnostic and treatment 14 network programs, rural comprehensive care for 15 hemophilia patients, and the Iowa high-risk infant 16 follow-up program, including salaries and support, and 17 for not more than the following full-time equivalent 18 positions: 19 $ 601,434 20 FTEs 9.36 21 i. Agricultural health and safety programs 22 For agricultural health and safety programs, and 23 for not more than the following full-time equivalent 24 positions: 25 $ 272,634 26 FTEs 3.48 27 j. Statewide cancer registry 28 For the statewide cancer registry, and for not more 29 than the following full-time equivalent positions: 30 $ 209,730 31 FTEs 3.07 32 k. Substance abuse consortium 33 For funds to be allocated to the Iowa consortium 34 for substance abuse research and evaluation, and for 35 not more than the following full-time equivalent 36 positions: 37 $ 72,028 38 FTEs 1.15 39 l. Center for biocatalysis 40 For the center for biocatalysis, and for not more 41 than the following full-time equivalent positions: 42 $ 1,058,058 43 FTEs 10.40 44 m. National advanced driving simulator 45 For the national advanced driving simulator, and 46 for not more than the following full-time equivalent 47 positions: 48 $ 284,951 49 FTEs 3.58 50 n. Primary health care initiative Page 16 1 For the primary health care initiative in the 2 college of medicine and for not more than the 3 following full-time equivalent positions: 4 $ 865,623 5 FTEs 11.00 6 From the funds appropriated in this lettered 7 paragraph, $330,000 shall be allocated to the 8 department of family practice at the state university 9 of Iowa college of medicine for family practice 10 faculty and support staff. 11 o. Birth defects registry 12 For the birth defects registry and for not more 13 than the following full-time equivalent position: 14 $ 50,000 15 FTEs 0.90 16 p. School of public health and public health 17 initiative 18 For purposes of establishing an accredited school 19 of public health and to fund an initiative for the 20 health and independence of elderly Iowans, and for not 21 more than the following full-time equivalent 22 positions: 23 $ 1,050,000 24 FTEs 16.00 25 3. IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY 26 a. General university 27 For salaries, support, maintenance, equipment, 28 miscellaneous purposes, and for not more than the 29 following full-time equivalent positions: 30 $185,916,358 31 FTEs 3,598.44 32 From the funds appropriated in this lettered 33 paragraph, $40,000 shall be allocated for purposes of 34 the institute for public leadership. 35 b. Agricultural experiment station 36 For salaries, support, maintenance, miscellaneous 37 purposes, and for not more than the following full- 38 time equivalent positions: 39 $ 34,982,675 40 FTEs 546.98 41 c. Cooperative extension service in agriculture 42 and home economics 43 For salaries, support, maintenance, miscellaneous 44 purposes, including salaries and support for the fire 45 service institute, and for not more than the following 46 full-time equivalent positions: 47 $ 22,406,446 48 FTEs 445.80 49 From the funds appropriated in this lettered 50 paragraph, $150,000 shall be used for the food, fiber, Page 17 1 and environmental science program, and $1,066,000 2 shall be used for the value-added agricultural 3 projects as part of the extension 21 program. 4 The cooperative extension service in agriculture 5 and home economics at Iowa state university of science 6 and technology shall conduct a study, in consultation 7 with the department of human services, that identifies 8 all educational materials, seminars, and assistance 9 offered by the extension service which are 10 duplicative, either directly or in subject area, of 11 educational materials, seminars, and assistance 12 offered by the department of human services. The 13 cooperative extension service shall submit its 14 findings in a report to the general assembly and the 15 legislative fiscal bureau by January 15, 2000. 16 d. Leopold center 17 For agricultural research grants at Iowa state 18 university under section 266.39B, and for not more 19 than the following full-time equivalent positions: 20 $ 574,983 21 FTEs 11.25 22 e. Livestock disease research 23 For deposit in and the use of the livestock disease 24 research fund under section 267.8, and for not more 25 than the following full-time equivalent positions: 26 $ 277,573 27 FTEs 3.17 28 f. Center for excellence in fundamental plant 29 science 30 For salaries, support, maintenance, equipment, 31 miscellaneous purposes, and for not more than the 32 following full-time equivalent positions: 33 $ 2,200,000 34 FTEs 17.96 35 4. UNIVERSITY OF NORTHERN IOWA 36 a. General university 37 For salaries, support, maintenance, equipment, 38 miscellaneous purposes, and for not more than the 39 following full-time equivalent positions: 40 $ 83,330,445 41 FTEs 1,402.86 42 b. Recycling and reuse center 43 For purposes of the recycling and reuse center, and 44 for not more than the following full-time equivalent 45 positions: 46 $ 244,025 47 FTEs 1.50 48 c. Masters in social work 49 For implementation of a masters in social work 50 program and for not more than the following full-time Page 18 1 equivalent positions: 2 $ 300,000 3 FTEs 4.00 4 5. STATE SCHOOL FOR THE DEAF 5 For salaries, support, maintenance, miscellaneous 6 purposes, and for not more than the following full- 7 time equivalent positions: 8 $ 7,737,161 9 FTEs 126.60 10 6. IOWA BRAILLE AND SIGHT SAVING SCHOOL 11 For salaries, support, maintenance, miscellaneous 12 purposes, and for not more than the following full- 13 time equivalent positions: 14 $ 4,303,242 15 FTEs 91.05 16 7. TUITION AND TRANSPORTATION COSTS 17 For payment to local school boards for the tuition 18 and transportation costs of students residing in the 19 Iowa braille and sight saving school and the state 20 school for the deaf pursuant to section 262.43 and for 21 payment of certain clothing and transportation costs 22 for students at these schools pursuant to section 23 270.5: 24 $ 16,941 25 Sec. 13. STATE BOARD OF REGENTS STUDY. The state 26 board of regents shall, in consultation with the Iowa 27 association of independent colleges and universities 28 and the Iowa coordinating council for post-high school 29 education, complete a study of the number and type of 30 undergraduate and graduate degree programs offered at 31 the satellite locations of all institutions of higher 32 learning under the control of the state board of 33 regents and at the satellite locations of all 34 accredited private postsecondary institutions. The 35 study shall include a listing of degree programs 36 currently in operation and those the Iowa coordinating 37 council has approved, but which have not yet begun 38 operation. By January 15, 2000, the state board of 39 regents shall submit a report to the chairpersons and 40 ranking members of the senate and house joint 41 appropriations subcommittee on education, the 42 legislative fiscal bureau, the secretary of the 43 senate, and the chief clerk of the house of 44 representatives, that contains the following 45 information: 46 1. A listing of all satellite locations where 47 degree programs are offered. 48 2. A listing of all degree programs offered, 49 identified by satellite location and postsecondary 50 institution. Page 19 1 3. The enrollment in each degree program by 2 resident, nonresident, and the combined enrollment 3 total. 4 4. The date each degree program was approved by 5 the Iowa coordinating council for post-high school 6 education. 7 5. The date each degree program actually began 8 operation. 9 6. Detail of the implementation and ongoing costs 10 and staffing levels of each degree program. 11 7. Detail of the revenue generated annually by 12 each degree program. 13 For purposes of this section, "satellite" means a 14 facility not attached to the campus of the main 15 postsecondary institution. 16 Sec. 14. MEDICAL ASSISTANCE - SUPPLEMENTAL 17 AMOUNTS. For the fiscal year beginning July 1, 1999, 18 and ending June 30, 2000, the department of human 19 services shall continue the supplemental 20 disproportionate share and a supplemental indirect 21 medical education adjustment applicable to state-owned 22 acute care hospitals with more than 500 beds and shall 23 reimburse qualifying hospitals pursuant to that 24 adjustment with a supplemental amount for services 25 provided medical assistance recipients. The 26 adjustment shall generate supplemental payments 27 intended to equal the state appropriation made to a 28 qualifying hospital for treatment of indigent patients 29 as provided in chapter 255. To the extent of the 30 supplemental payments, a qualifying hospital shall, 31 after receipt of the funds, transfer to the department 32 of human services an amount equal to the actual 33 supplemental payments that were made in that month. 34 The aggregate amounts for the fiscal year shall not 35 exceed the state appropriation made to the qualifying 36 hospital for treatment of indigent patients as 37 provided in chapter 255. The department of human 38 services shall deposit the portion of these funds 39 equal to the state share in the department's medical 40 assistance account and the balance shall be credited 41 to the general fund of the state. To the extent that 42 state funds appropriated to a qualifying hospital for 43 the treatment of indigent patients as provided in 44 chapter 255 have been transferred to the department of 45 human services as a result of these supplemental 46 payments made to the qualifying hospital, the 47 department shall not, directly or indirectly, recoup 48 the supplemental payments made to a qualifying 49 hospital for any reason, unless an equivalent amount 50 of the funds transferred to the department of human Page 20 1 services by a qualifying hospital pursuant to this 2 provision is transferred to the qualifying hospital by 3 the department. 4 If the state supplemental amount allotted to the 5 state of Iowa for the federal fiscal year beginning 6 October 1, 1999, and ending September 30, 2000, 7 pursuant to section 1923(f)(3) of the federal Social 8 Security Act, as amended, or pursuant to federal 9 payments for indirect medical education is greater 10 than the amount necessary to fund the federal share of 11 the supplemental payments specified in the preceding 12 paragraph, the department of human services shall 13 increase the supplemental disproportionate share or 14 supplemental indirect medical education adjustment by 15 the lesser of the amount necessary to utilize fully 16 the state supplemental amount or the amount of state 17 funds appropriated to the state university of Iowa 18 general education fund and allocated to the university 19 for the college of medicine. The state university of 20 Iowa shall transfer from the allocation for the 21 college of medicine to the department of human 22 services, on a monthly basis, an amount equal to the 23 additional supplemental payments made during the 24 previous month pursuant to this paragraph. A 25 qualifying hospital receiving supplemental payments 26 pursuant to this paragraph that are greater than the 27 state appropriation made to the qualifying hospital 28 for treatment of indigent patients as provided in 29 chapter 255 shall be obligated as a condition of its 30 participation in the medical assistance program to 31 transfer to the state university of Iowa general 32 education fund on a monthly basis an amount equal to 33 the funds transferred by the state university of Iowa 34 to the department of human services. To the extent 35 that state funds appropriated to the state university 36 of Iowa and allocated to the college of medicine have 37 been transferred to the department of human services 38 as a result of these supplemental payments made to the 39 qualifying hospital, the department shall not, 40 directly or indirectly, recoup these supplemental 41 payments made to a qualifying hospital for any reason, 42 unless an equivalent amount of the funds transferred 43 to the department of human services by the state 44 university of Iowa pursuant to this paragraph is 45 transferred to the qualifying hospital by the 46 department. 47 Continuation of the supplemental disproportionate 48 share and supplemental indirect medical education 49 adjustment shall preserve the funds available to the 50 university hospital for medical and surgical treatment Page 21 1 of indigent patients as provided in chapter 255 and to 2 the state university of Iowa for educational purposes 3 at the same level as provided by the state funds 4 initially appropriated for that purpose. 5 The department of human services shall, in any 6 compilation of data or other report distributed to the 7 public concerning payments to providers under the 8 medical assistance program, set forth reimbursements 9 to a qualifying hospital through the supplemental 10 disproportionate share and supplemental indirect 11 medical education adjustment as a separate item and 12 shall not include such payments in the amounts 13 otherwise reported as the reimbursement to a 14 qualifying hospital for services to medical assistance 15 recipients. 16 For purposes of this section, "supplemental 17 payment" means a supplemental payment amount paid for 18 medical assistance to a hospital qualifying for that 19 payment under this section. 20 Sec. 15. STATE UNIVERSITY OF IOWA - DEPARTMENT OF 21 HUMAN SERVICES. The department of human services 22 shall transfer to the state university of Iowa for the 23 purposes of the creative employment options program 24 the same amount of moneys in the fiscal year beginning 25 July 1, 1999, and ending June 30, 2000, as was 26 transferred in the fiscal year beginning July 1, 1997, 27 and ending June 30, 1998. 28 Sec. 16. For the fiscal year beginning July 1, 29 1999, and ending June 30, 2000, the state board of 30 regents may use notes, bonds, or other evidences of 31 indebtedness issued under section 262.48 to finance 32 projects that will result in energy cost savings in an 33 amount that will cause the state board to recover the 34 cost of the projects within an average of six years. 35 Sec. 17. Notwithstanding section 270.7, the 36 department of revenue and finance shall pay the state 37 school for the deaf and the Iowa braille and sight 38 saving school the moneys collected from the counties 39 during the fiscal year beginning July 1, 1999, for 40 expenses relating to prescription drug costs for 41 students attending the state school for the deaf and 42 the Iowa braille and sight saving school. 43 Sec. 18. Section 256.16, unnumbered paragraph 1, 44 Code 1999, is amended to read as follows: 45 Pursuant to section 256.7, subsection 5, the state 46 board shall adopt rules requiring all higher education 47 institutions providing practitioner preparation to 48 include in the professional education program, 49 preparation that contributes to education of students 50 with disabilities and students who are gifted and Page 22 1 talented, along with preparation in reading recovery 2 and other reading programs, which must be successfully 3 completed before graduation from the practitioner 4 preparation program. 5 Sec. 19. Section 256.44, Code 1999, as amended by 6 1999 Iowa Acts, House File 766, if enacted, is amended 7 by adding the following new subsection: 8 NEW SUBSECTION. 7. Notwithstanding section 8.33, 9 funds appropriated for purposes of this section which 10 remain unencumbered or unobligated at the close of the 11 fiscal year for which the funds were appropriated 12 shall not revert but shall be available for 13 expenditure for the following fiscal year for purposes 14 of this section. 15 Sec. 20. NEW SECTION. 256.67A INSURANCE 16 ELIGIBILITY. 17 Personnel employed by a regional library shall be 18 considered state employees for purposes of eligibility 19 for receiving employee health and dental insurance as 20 provided to state employees by the department of 21 personnel. If a regional library elects to 22 participate in a state employee health and dental 23 insurance program, the regional library shall continue 24 to pay the costs of employee participation in a 25 program from funds appropriated for purposes of the 26 regional libraries by the general assembly. 27 Sec. 21. Section 261.2, Code 1999, is amended by 28 adding the following new subsection: 29 NEW SUBSECTION. 15. Be prohibited from expending 30 interest moneys earned on accounts of the commission 31 located within the office of the treasurer of state 32 unless the general assembly specifically appropriates 33 the interest moneys for use by the commission. If the 34 general assembly appropriates interest moneys 35 transferred from the Pub. L. No. 105-33 recall account 36 within the office of the treasurer of state to the 37 fund 61 default reduction account, the commission 38 shall adopt rules for the expenditure of the interest 39 moneys for purposes of issuing emergency loans to 40 assist needy students in avoiding default on a 41 guaranteed or parental loan made under this chapter. 42 Sec. 22. Section 261.12, subsection 1, paragraph 43 b, Code 1999, is amended to read as follows: 44 b. For the fiscal year beginning July 1,199845 1999, and for each following fiscal year, three 46 thousandsixnine hundredfiftydollars. 47 Sec. 23. Section 261.17, subsection 4, Code 1999, 48 is amended to read as follows: 49 4. The amount of a vocational-technical tuition 50 grant shall not exceed the lesser of six hundred fifty Page 23 1 dollars per year or the amount of the student's 2 established financial need. 3 Sec. 24. Section 261.25, subsections 1 through 3, 4 Code 1999, are amended to read as follows: 5 1. There is appropriated from the general fund of 6 the state to the commission for each fiscal year the 7 sum offorty-fourforty-seven million six hundred 8 sixty-four thousand seven hundred fifty dollars for 9 tuition grants. 10 2. There is appropriated from the general fund of 11 the state to the commission for each fiscal year the 12 sum of four hundredseventy-fourninety-eight thousand 13eightfive hundred forty dollars for scholarships. 14 3. There is appropriated from the general fund of 15 the state to the commission for each fiscal year the 16 sum of two milliontwofour hundredforty-foureighty- 17 two thousandonefour hundredninety-sevendollars for 18 vocational-technical tuition grants. 19 Sec. 25. Section 261.25, subsection 4, Code 1999, 20 is amended by striking the subsection. 21 Sec. 26. Section 261.71, subsection 1, paragraph 22 c, Code 1999, is amended to read as follows: 23 c. The studentpracticesagrees to practice in an 24 underserved area in the state of Iowa for a period of 25 time to be determined by the commission at the time 26 the loan is awarded. 27 Sec. 27. Section 261.71, subsections 2 and 3, Code 28 1999, are amended to read as follows: 29 2.Ofthemoneysloanedtoaneligiblestudent,30foreachyearofuptoandincludingfouryearsof31practiceinIowa,anamountequaltotwenty-five32percentoftheoriginalprincipalandthe33proportionateshareofaccruedinterest,orone34thousandonehundreddollars,whicheverisgreater,35shallbeforgiven.Ifastudentfailstocompletea36yearofpracticeinthestate,aspracticeisdefined37bythecollegestudentaidcommission,theloanamount38forthatyearshallnotbeforgiven.The contract for 39 the loan repayment shall stipulate the time period the 40 chiropractor shall practice in an underserved area in 41 this state. In addition, the contract shall stipulate 42 that the chiropractor repay any funds paid on the 43 chiropractor's loan by the commission if the 44 chiropractor fails to practice in an underserved area 45 in this state for the required period of time. 46 Forgivable loans made to eligible students shall not 47 become due, for repayment purposes, until one year 48 after the student has graduated. A loan that has not 49 been forgiven may be sold to a bank, savings and loan 50 association, credit union, or nonprofit agency Page 24 1 eligible to participate in the guaranteed student loan 2 program under the federal Higher Education Act of 3 1965, 20 U.S.C. § 1071 et seq., by the commission when 4 the loan becomes due for repayment. 5 3. For purposes of this section "graduate student" 6 means a student who has completed at least ninety 7 semester hours, or the trimester or quarter 8 equivalent, of postsecondary course work at a public 9 higher education institution or at an accredited 10 private institution, as defined under section 261.9. 11 "Underserved area" means a geographical area included 12 on the Iowa governor's health practitioner shortage 13 area list, which is compiled by the center for rural 14 health and primary care of the Iowa department of 15 public health. Thecollegestudentaidcommission 16 shall adopt rules, consistent with rules used for 17 students enrolled in higher education institutions 18 under the control of the state board of regents, for 19 purposes of determining Iowa residency status of 20 graduate students under this section. The commission 21 shall also adopt rules which provide standards, 22 guidelines, and procedures for the receipt, 23 processing, and administration of student applications 24 and loans under this section. 25 Sec. 28. NEW SECTION. 261.86 NATIONAL GUARD 26 EDUCATIONAL ASSISTANCE PROGRAM. 27 1. A national guard educational assistance program 28 is established to be administered by the college 29 student aid commission for members of the Iowa 30 national guard who are enrolled as undergraduate 31 students in a community college, an institution of 32 higher learning under the state board of regents, or 33 an accredited private institution. The college 34 student aid commission shall adopt rules pursuant to 35 chapter 17A to administer this section. An individual 36 is eligible for the national guard educational 37 assistance program if the individual meets all of the 38 following conditions: 39 a. Is a resident of the state and a member of an 40 Iowa army or air national guard unit while receiving 41 educational assistance pursuant to this section. 42 b. Satisfactorily completed required initial 43 active duty training. 44 c. Maintains satisfactory performance of duty upon 45 return from initial active duty training, including 46 attending a minimum ninety percent of scheduled drill 47 dates and attending annual training. 48 d. Is enrolled as an undergraduate student in a 49 community college as defined in section 260C.2, an 50 institution of higher learning under the control of Page 25 1 the board of regents, or an accredited private 2 institution as defined in section 261.9, and is 3 maintaining satisfactory academic progress. 4 e. Provides proper notice of national guard status 5 to the community college or institution at the time of 6 registration for the term in which tuition benefits 7 are sought. 8 f. Submits an application to the adjutant general 9 of Iowa, on forms prescribed by the adjutant general, 10 who shall determine eligibility and whose decision is 11 final. 12 2. The amount of educational assistance received 13 by a national guard member pursuant to this section 14 shall be determined by the adjutant general and shall 15 not exceed the resident tuition rate established for 16 institutions of higher learning under the control of 17 the state board of regents. If the amount 18 appropriated in a fiscal year for purposes of this 19 section is insufficient to provide educational 20 assistance to all national guard members who apply for 21 the program and who are determined by the adjutant 22 general to be eligible for the program, the adjutant 23 general shall determine the amount of educational 24 assistance each eligible guard member shall receive. 25 However, educational assistance paid to an eligible 26 national guard member shall not be less than an amount 27 equal to fifty percent of the resident tuition rate 28 established for institutions of higher learning under 29 the control of the state board of regents. The 30 adjutant general shall not determine educational 31 assistance amounts based upon a national guard 32 member's unit, the location at which drills are 33 attended, or whether the eligible individual is a 34 member of the Iowa army or air national guard. 35 3. An eligible member of the national guard, 36 attending an institution as provided in subsection 1, 37 paragraph "d", as a full-time student, shall not 38 receive educational assistance under this section for 39 more than eight semesters, or if attending as a part- 40 time student for not more than sixteen semesters, of 41 undergraduate study, or the trimester or quarter 42 equivalent. A national guard member who has met the 43 educational requirements for a baccalaureate degree is 44 ineligible for educational assistance under this 45 section. 46 4. The eligibility of applicants and amounts of 47 educational assistance to be paid shall be certified 48 by the adjutant general of Iowa to the college student 49 aid commission, and all amounts that are or become due 50 to a community college, accredited private Page 26 1 institution, or institution of higher learning under 2 the control of the state board of regents under this 3 section shall be paid to the college or institution by 4 the college student aid commission upon receipt of 5 certification by the president or governing board of 6 the educational institution as to accuracy of charges 7 made, and as to the attendance and academic progress 8 of the individual at the educational institution. The 9 college student aid commission shall maintain an 10 annual record of the number of participants and the 11 dollar value of the educational assistance provided. 12 5. For purposes of this section, unless otherwise 13 required, "educational assistance" means the same as 14 "cost of attendance" as defined in Title IV, part B, 15 of the federal Higher Education Act of 1965 as 16 amended. 17 Sec. 29. Section 294A.25, subsections 6, 11, and 18 12, Code 1999, are amended to read as follows: 19 6. For the fiscal year beginning July 1,199720 1999, and ending June 30,19982000, from phase III 21 moneys the amount of fifty thousand dollars to the 22 department of education for the geography alliance. 23 11. For the fiscal year beginning July 1,199824 1999, and ending June 30,19992000, to the department 25 of education from phase III moneys the amount of one 26 million two hundred fifty thousand dollars for support 27 for the operations of the new Iowa schools development 28 corporation and for school transformation design and 29 implementation projects administered by the 30 corporation. Of the amount provided in this 31 subsection, one hundred fifty thousand dollars shall 32 be used for the school and community planning 33 initiative. 34 12. For the fiscal year beginning July 1,199835 1999, and ending June 30, 2000, to the department of 36 education from phase III moneys the amount of one 37 hundred fifty thousand dollars to the Iowa public 38 broadcasting division for overnight transmitter feeds. 39 Sec. 30. Section 294A.25, Code 1999, is amended by 40 adding the following new subsections: 41 NEW SUBSECTION. 13. For the fiscal year beginning 42 July 1, 1999, and ending June 30, 2000, to the 43 department of education from phase III moneys the 44 amount of fifty thousand dollars for participation in 45 the national assessment of education progress. 46 NEW SUBSECTION. 14. For the fiscal year beginning 47 July 1, 1999, and ending June 30, 2000, to the 48 department of education from phase III moneys the 49 amount of fifty thousand dollars for the Iowa 50 mathematics and science coalition. Page 27 1 Sec. 31. EMERGENCY RULES. The commission of 2 libraries shall adopt emergency rules under section 3 17A.4, subsection 2, and section 17A.5, subsection 2, 4 paragraph "b", adopting the performance measures 5 referred to in 286 IAC 3.6 and implement the 6 provisions of section 7, subsection 5, paragraph "b", 7 of this Act, and the rules shall be effective 8 immediately upon filing unless a later date is 9 specified in the rules. Any rules adopted in 10 accordance with this section shall also be published 11 as a notice of intended action as provided in section 12 17A.4. 13 Sec. 32. Section 261.21, Code 1999, is repealed. 14 Sec. 33. EFFECTIVE DATES. 15 1. Section 4 of this Act, relating to the 16 remaining national guard tuition aid balance, being 17 deemed of immediate importance, takes effect upon 18 enactment. 19 2. Section 5 of this Act, relating to the 20 remaining industrial technology forgivable loan 21 program balance, being deemed of immediate importance, 22 takes effect upon enactment. 23 3. Section 9 of this Act, relating to board of 24 educational examiners licensing fees, being deemed of 25 immediate importance, takes effect upon enactment. 26 4. Section 10 of this Act, relating to the 27 distribution of FY 1999-2000 extended school year 28 grant moneys, being deemed of immediate importance, 29 takes effect upon enactment. 30 5. Section 31 of this Act, relating to emergency 31 rules, being deemed of immediate importance, takes 32 effect upon enactment." The House stood at ease at 1:56 p.m., until the fall of the gavel. The House resumed session at 3:37 p.m., Speaker Corbett in the chair. Schrader of Marion asked and received unanimous consent that amendment H-1695, to the committee amendment H-1618, be deferred. Carroll of Poweshiek asked and received unanimous consent to withdraw amendment H-1702, to the committee amendment H-1618, filed by him on April 20, 1999. Witt of Black Hawk asked and received unanimous consent to withdraw amendment H-1691, to the committee amendment H-1618, filed by Witt, et al., on April 19, 1999. Scherrman of Dubuque offered the following amendment H?1693, to the committee amendment H?1618, filed by Scherrman, et al., and moved its adoption: H-1693 1 Amend the Committee amendment, H-1618, to Senate 2 File 464, as amended, passed, and reprinted by the 3 Senate, as follows: 4 1. Page 6, by striking line 7 and inserting the 5 following: 6 " $ 1,000,000" Roll call was requested by Scherrman of Dubuque and Schrader of Marion. On the question "Shall amendment H-1693, to the committee amendment H-1618 be adopted?" (S.F. 464) The ayes were, 47: Arnold Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Hoffman Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Rayhons Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 52: Alons Barry Baudler Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Grundberg Hahn Hansen Heaton Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett Absent or not voting, 1: Boal Amendment H?1693 lost. Rayhons of Hancock asked and received unanimous consent to withdraw amendments H-1728 and H-1731, to the committee amendment H-1618, filed by him from the floor. Grundberg of Polk offered the following amendment H?1663, to the committee amendment H?1618, filed by her and moved its adoption: H-1663 1 Amend the Committee amendment, H-1618, to Senate 2 File 464, as amended, passed, and reprinted by the 3 Senate, as follows: 4 1. Page 6, line 13, by inserting after the word 5 "commission." the following: "The funds allocated as 6 provided in this lettered paragraph shall not be used 7 for the costs of administration by the division." 8 2. By renumbering, relettering, and redesignating 9 as necessary. Amendment H?1663 was adopted. Stevens of Dickinson offered the following amendment H?1690, to the committee amendment H?1618, filed by Stevens, et al., and moved its adoption: H-1690 1 Amend the committee amendment, H-1618, to Senate 2 File 464, as amended, passed, and reprinted by the 3 Senate, as follows: 4 1. Page 7, by striking line 30 and inserting the 5 following: 6 " $ 7,811,324 7 From the funds appropriated in this subsection, 8 $150,000 shall be used for overnight transmitter 9 feeds." 10 2. Page 9, by inserting after line 21 the 11 following: 12 " ___. GEOGRAPHY ALLIANCE 13 For support of the geography alliance: 14 $ 50,000 15 . NATIONAL ASSESSMENT OF EDUCATION PROGRESS 16 For participation in the national assessment of 17 education progress: 18 $ 50,000 19 ___. IOWA MATHEMATICS AND SCIENCE COALITION 20 For the Iowa mathematics and science coalition: 21 $ 50,000" 22 3. Page 26, by striking lines 17 through 22 and 23 inserting the following: 24 "Sec. ___. Section 294A.25, subsection 11, Code 25 1999, is amended to read as follows:" 26 4. Page 26, by striking lines 34 through 50. 27 5. By renumbering, relettering, and redesignating 28 as necessary. Roll call was requested by Stevens of Dickinson and Wise of Lee. On the question "Shall amendment H-1690, to the committee amendment H-1618 be adopted?" (S.F. 464) The ayes were, 43: Arnold Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors 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 Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 53: Alons Barry Baudler Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dix 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 Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett Absent or not voting, 4: Boal Doderer Houser Rayhons Amendment H?1690 lost. Wise of Lee offered amendment H?1687, to the committee amendment H?1618, filed by Wise, et al., and requested division as follows: H-1687 1 Amend the Committee amendment, H-1618, to Senate 2 File 464, as amended, passed, and reprinted by the 3 Senate, as follows: H-1687A 4 1. Page 8, by striking line 37 and inserting the 5 following: 6 " $ 750,000" H-1687B 7 2. Page 9, by inserting after line 2 the 8 following: 9 " ___. A school district that submits to the 10 department a claim for reimbursement in accordance 11 with this subsection shall develop and integrate 12 specific employability skills goals and activities 13 into the comprehensive school improvement plan 14 required under section 256.7, subsection 21, paragraph 15 "a"." 16 3. By renumbering as necessary. Wise of Lee moved the adoption of amendment H-1687A to the committee amendment H-1618. Roll call was requested by Wise of Lee and Schrader of Marion. On the question "Shall amendment H-1687A be adopted?" (S.F. 464) The ayes were, 44: 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 Nelson^ 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 Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie Fallon Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett Absent or not voting, 1: Boal Amendment H?1687A lost. Wise of Lee asked and received unanimous consent to withdraw amendment H-1687B, to the committee amendment H-1618. Mascher of Johnson asked and received unanimous consent to withdraw amendment H-1698, to amendment H-1618, filed by her on April 19, 1999. Frevert of Palo Alto offered the following amendment H?1699, to the committee amendment H?1618, filed by her and Rayhons of Hancock and moved its adoption: H-1699 1 Amend the committee amendment, H-1618, to Senate 2 File 464, as amended, passed, and reprinted by the 3 Senate, as follows: 4 1. Page 11, by inserting after line 25 the 5 following: 6 "Sec. ___. REGIONAL LIBRARIES STUDY. The 7 legislative council is requested to establish an 8 interim study committee to review the issues 9 concerning making regional library staff state 10 employees. The interim study committee shall submit a 11 report of recommendations concerning these issues and 12 recommendations for any necessary legislation to the 13 general assembly by December 1, 1999." 14 2. By renumbering, relettering, and redesignating 15 as necessary. Amendment H?1699 was adopted. Mascher of Johnson offered the following amendment H?1692, to the committee amendment H?1618, filed by Mascher, et al., and moved its adoption: H-1692 1 Amend the Committee amendment, H-1618, to Senate 2 File 464, as amended, passed, and reprinted by the 3 Senate, as follows: 4 1. Page 13, by striking lines 9 and 10 and 5 inserting the following: 6 " $238,144,141 7 FTEs 4,049.62" 8 2. Page 16, by striking lines 30 and 31 and 9 inserting the following: 10 " $186,348,896 11 FTEs 3,600.88" 12 3. Page 17, by striking lines 40 and 41 and 13 inserting the following: 14 " $ 83,572,982 15 FTEs 1,406.86" Roll call was requested by Mascher of Johnson and Schrader of Marion. On the question "Shall amendment H-1692, to the committee amendment H-1618 be adopted?" (S.F. 464) The ayes were, 41: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Doderer Dotzler 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 Thomson Warnstadt Weigel Whitead Wise Witt The nays were, 54: Alons Arnold Barry Baudler Blodgett Boddicker Boggess Bradley Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie Fallon 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 Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett Absent or not voting, 5: Boal Brauns Connors Drees Falck Amendment H?1692 lost. Heaton of Henry asked and received unanimous consent to withdraw amendment H-1686, to the committee amendment H-1618, filed by him and Garman of Story on April 19, 1999. Nelson of Marshall offered the following amendment H?1739, to the committee amendment H?1618, filed by her and Parmenter of Story from the floor, and moved its adoption: H-1739 1 Amend the Committee amendment, H-1618, to Senate 2 File 464, as amended, passed, and reprinted by the 3 Senate, as follows: 4 1. Page 16, by striking line 30 and inserting the 5 following: 6 " $186,098,896" 7 2. By renumbering as necessary. Amendment H?1739 lost. Mertz of Kossuth asked and received unanimous consent to withdraw amendment H-1705, to the committee amendment H-1618, filed by Mertz, et al., on April 20, 1999. Weigel of Chickasaw offered amendment H?1697, to the committee amendment H?1618, filed by him and Shoultz of Black Hawk as follows: H-1697 1 Amend the Committee amendment, H-1618, to Senate 2 File 464, as amended, passed, and reprinted by the 3 Senate, as follows: 4 1. Page 22, by inserting after line 4 the 5 following: 6 "Sec. ___. UNIVERSITY OF NORTHERN IOWA STUDY. The 7 university of northern Iowa and the Iowa high school 8 athletic association shall evaluate the relocation of 9 the state high school wrestling tournament to the UNI 10 Dome to better accommodate the large quantity of 11 individuals wishing to attend the tournament." 12 2. By renumbering as necessary. Hansen of Pottawattamie rose on a point of order that amendment H-1697, to the committee amendment H-1618, was not germane. The Speaker ruled the point well taken and amendment H-1697 not germane. Scherrman of Dubuque offered the following amendment H?1694, to the committee amendment H?1618, filed by Scherrman, et al., and moved its adoption: H-1694 1 Amend the committee amendment, H-1618, to Senate 2 File 464, as amended, passed, and reprinted by the 3 Senate, as follows: 4 1. Page 23, line 7, by striking the word "six" 5 and inserting the following: "sixnine". 6 2. Page 23, line 8, by striking the word "sixty- 7 four" and inserting the following: "sixty-four8 fourteen". Roll call was requested by Scherrman of Dubuque and Schrader of Marion. On the question "Shall amendment H-1694, to the committee amendment H-1618 be adopted?" (S.F. 464) The ayes were, 44: Alons 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 Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 52: Arnold Barry Baudler Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie Fallon Gipp Greiner Grundberg Hahn Hansen Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett Absent or not voting, 4: Boal Garman Heaton Raecker Amendment H?1694 lost. Mascher of Johnson offered the following amendment H?1689, to the committee amendment H?1618, filed by her and Burnett of Story and moved its adoption: H-1689 1 Amend the committee amendment, H-1618, to Senate 2 File 464, as amended, passed, and reprinted by the 3 Senate, as follows: 4 1. Page 26, by inserting after line 16 the 5 following: 6 "Sec. ___. Section 273.11, subsection 2, paragraph 7 c, Code 1999, is amended to read as follows: 8 c. Support for curriculum development, 9 instruction, and assessment for reading, language 10 arts, social studies,mathmathematics and science, 11 using research-based methodologies." 12 2. By renumbering, relettering, and redesignating 13 as necessary. Amendment H?1689 lost. Rants of Woodbury offered the following amendment H?1736, to the committee amendment H?1618, filed by him and Hansen of Pottawattamie from the floor and moved its adoption: H-1736 1 Amend the Committee amendment, H-1618, to Senate 2 File 464, as amended, passed, and reprinted by the 3 Senate, as follows: 4 1. Page 26, by inserting after line 16 the 5 following: 6 "Sec. ___. Section 261.111, Code 1999, is amended 7 by striking the section and inserting in lieu thereof 8 the following: 9 261.111 TEACHER SHORTAGE FORGIVABLE LOAN PROGRAM. 10 1. A teacher shortage forgivable loan program is 11 established to be administered by the college student 12 aid commission. An individual is eligible for the 13 forgivable loan program if the individual is a 14 resident of this state who is enrolled as a sophomore, 15 junior, senior, or graduate student in an approved 16 practitioner preparation program in a designated area 17 in which teacher shortages are anticipated, at an 18 institution of higher learning under the control of 19 the state board of regents or an accredited private 20 institution as defined in section 261.9. 21 2. The director of the department of education 22 shall annually designate the areas in which teacher 23 shortages are anticipated. The director shall 24 periodically conduct a survey of school districts, 25 accredited nonpublic schools, and approved 26 practitioner preparation programs to determine current 27 shortage areas and predict future shortage areas. 28 3. Each applicant shall, in accordance with the 29 rules of the commission, do the following: 30 a. Complete and file an application for a teacher 31 shortage forgivable loan. The individual shall be 32 responsible for the prompt submission of any 33 information required by the commission. 34 b. File a new application and submit information 35 as required by the commission annually on the basis of 36 which the applicant's eligibility for the renewed 37 forgivable loan will be evaluated and determined. 38 4. Forgivable loans to eligible students shall not 39 become due until after the student graduates or leaves 40 school. The individual's total loan amount, including 41 principal and interest, shall be reduced by twenty 42 percent for each year in which the individual remains 43 an Iowa resident and is employed in Iowa by a school 44 district or an accredited nonpublic school as a 45 practitioner in the teacher shortage area for which 46 the loan was approved. If the commission determines 47 that the person does not meet the criteria for 48 forgiveness of the principal and interest payments, 49 the commission shall establish a plan for repayment of 50 the principal and interest over a ten-year period. If Page 2 1 a person required to make the repayment does not make 2 the required payments, the commission shall provide 3 for payment collection. 4 5. The amount of a teacher shortage forgivable 5 loan shall not exceed three thousand dollars annually, 6 or the amount of the student's established financial 7 need, whichever is less. 8 6. The commission shall prescribe by rule the 9 interest rate for the forgivable loan. 10 7. A teacher shortage forgivable loan repayment 11 fund is created for deposit of payments made by 12 forgivable loan recipients who do not fulfill the 13 conditions of the forgivable loan program and any 14 other moneys appropriated to or received by the 15 commission for deposit in the fund. Notwithstanding 16 section 8.33, moneys deposited in the fund shall not 17 revert to the general fund of the state at the end of 18 any fiscal year but shall remain in the forgivable 19 loan repayment fund and be continuously available to 20 make additional loans under the program. 21 Notwithstanding section 12C.7, subsection 2, interest 22 or earnings on moneys deposited in the fund shall be 23 credited to the fund. 24 8. For purposes of this section, unless the 25 context otherwise requires, "teacher" means the same 26 as defined in section 272.1." 27 2. Page 27, by striking line 13 and inserting the 28 following: 29 "Sec. ___. Sections 261.21 and 261.112, Code 1999, 30 are repealed." 31 3. By renumbering, relettering, and redesignating 32 as necessary. Amendment H?1736 was adopted. Osterhaus of Jackson asked and received unanimous consent to withdraw amendment H-1688, to the committee amendment H-1618, filed by him on April 19, 1999. Scherrman of Dubuque offered the following amendment H?1696, to the committee amendment H?1618, filed by him and moved its adoption: H-1696 1 Amend the committee amendment, H-1618, to Senate 2 File 464, as amended, passed, and reprinted by the 3 Senate, as follows: 4 1. Page 26, by inserting after line 50 the 5 following: 6 "Sec. ___. Section 303.16, Code 1999, is amended 7 by adding the following new subsection: 8 NEW SUBSECTION. 10. a. The general assembly 9 finds that the country school that served Iowa's 10 educational needs for much of its history offered a 11 unique opportunity to students and communities, 12 providing for multigenerational attendance, high 13 educational performance, a safe environment, a focus 14 for community support, and a caring, attentive 15 environment. 16 b. A country schools historical resource 17 preservation grant program is therefore established to 18 be administered by the historical division for the 19 preservation of one-room and two-room buildings once 20 used as country schools. In developing grant approval 21 criteria, the division shall place a priority on the 22 educational uses planned for the country school 23 building, which may include, but are not limited to, 24 historical interpretation and use as a teaching museum 25 or as an operational classroom accessible to a school 26 district or accredited nonpublic school for 27 provisional instructional purposes. 28 c. Notwithstanding any other provision of this 29 section, the amount of a grant shall not exceed 30 twenty-five thousand dollars and applicants shall 31 match grant funding on a dollar-for-dollar basis, of 32 which at least one-half of the local match must be in 33 cash." 34 2. By renumbering as necessary. Amendment H?1696 was adopted. Wise of Lee offered the following amendment H?1695, to the committee amendment H?1618, filed by Wise, et al., previously deferred, and moved its adoption: H-1695 1 Amend the committee amendment, H-1618, to Senate 2 File 464, as amended, passed, and reprinted by the 3 Senate, as follows: 4 1. Page 1, by inserting after line 46 the 5 following: 6 " ___. IOWA WORKER RETRAINING FORGIVABLE LOAN 7 PROGRAM 8 For the Iowa worker retraining forgivable loan 9 program as established in section 261.114: 10 $ 1,750,000" 11 2. Page 2, by inserting after line 41 the 12 following: 13 "Sec. ___. FISCAL YEAR 1999-2000 OCCUPATIONAL 14 SHORTAGE AREAS. Notwithstanding section 261.114, 15 subsection 2, for the fiscal year beginning July 1, 16 1999, and ending June 30, 2000, the Iowa workforce 17 development board, in consultation with the 18 departments of education and economic development and 19 the college student aid commission, shall designate 20 skill shortage areas for purposes of the Iowa worker 21 retraining forgivable loan program." 22 3. Page 26, by inserting after line 16 the 23 following: 24 "Sec. ___. NEW SECTION. 261.114 IOWA WORKER 25 RETRAINING FORGIVABLE LOAN PROGRAM. 26 1. An Iowa worker retraining forgivable loan 27 program is established to be administered by the 28 college student aid commission. An individual is 29 eligible for the forgivable loan program if the 30 individual is a resident of this state who is enrolled 31 at a community college as established under chapter 32 260C, an institution of higher learning under the 33 control of the state board of regents, or an 34 accredited private institution as defined in section 35 261.9, in a designated skill area in which 36 occupational shortages are anticipated as determined 37 pursuant to subsection 2. 38 2. The governor's skills forecasting council shall 39 annually designate the skill areas in which 40 occupational shortages are anticipated. In 41 designating skills areas in which occupational 42 shortages are anticipated, the council shall consider 43 the quality of the jobs in the occupational shortage 44 area. In rating the quality of the jobs, the council 45 shall place greater emphasis on those jobs that have a 46 higher wage scale, have a lower turnover rate, are 47 full-time or career-type positions, provide 48 comprehensive health benefits, or have factors 49 associated with them that are indicative of jobs 50 higher in quality than jobs in other occupational Page 2 1 shortage areas. 2 3. Each applicant shall, in accordance with the 3 rules of the commission, do the following: 4 a. Complete and file an application, on forms 5 provided by the commission, for an Iowa worker 6 retraining forgivable loan. The individual shall be 7 responsible for the submission of the financial 8 information required for evaluation of the applicant's 9 need for a forgivable loan, on forms determined by the 10 commission. 11 b. File a new application and financial 12 information annually on the basis of which the 13 applicant's eligibility for a renewed forgivable loan 14 will be evaluated and determined. 15 4. Forgivable loans to eligible students shall not 16 become due until after the student graduates or leaves 17 school. The individual's total loan amount, including 18 principal and interest, shall be reduced by twenty- 19 five percent for each year in which the individual 20 remains an Iowa resident and is employed in Iowa in 21 the skill shortage area for which the loan was 22 approved. If the commission determines that the 23 person does not meet the criteria for forgiveness of 24 the principal and interest payments, the commission 25 shall establish a plan for repayment of the principal 26 and interest over a five-year period. If a person 27 required to make the repayment does not make the 28 required payments, the commission shall provide for 29 payment collection. 30 5. The amount of an Iowa worker retraining 31 forgivable loan shall not exceed one thousand five 32 hundred dollars annually, or the amount of the 33 student's established financial need, whichever is 34 less. However, if the loan amount approved by the 35 commission exceeds the student's expenses for tuition, 36 room and board, and mandatory fees, the balance shall 37 be distributed to the student for whom the loan was 38 made. However, the commission may exceed the maximum 39 loan amount based upon the demand for loans or an 40 extraordinary demand for trained workers in a skill 41 shortage area. 42 6. The commission shall prescribe by rule the 43 interest rate for the forgivable loan. 44 7. An Iowa worker retraining forgivable loan fund 45 is created for deposit of payments made by forgivable 46 loan recipients who do not fulfill the conditions of 47 the forgivable loan program, or by businesses who wish 48 to contribute financial assistance on behalf of 49 current or former employees. Notwithstanding section 50 8.33, moneys deposited in the fund shall not revert to Page 3 1 the general fund of the state at the end of any fiscal 2 year but shall remain in the forgivable loan fund and 3 be continuously available to make additional loans 4 under the program. Notwithstanding section 12C.7, 5 subsection 2, interest or earnings on moneys deposited 6 in the Iowa worker retraining forgivable loan fund 7 shall be credited to the fund. 8 8. The commission shall adopt rules for 9 determining financial need, defining tuition and 10 mandatory fees, defining residence for the purposes of 11 this section, processing and approving applications 12 for loan forgiveness, and determining priority of loan 13 forgiveness. The commission shall give priority to 14 students who have the greatest demonstrated financial 15 need, who wish to upgrade their skills, and who are 16 earning not more than two dollars over the minimum 17 wage as established in section 91D.1. The commission 18 shall also give priority to a person whose present or 19 former employer contributes financial assistance as 20 provided in subsection 7 on behalf of the person, and 21 the level of priority shall be based upon the amount 22 of the present or former employer's contribution." 23 4. By renumbering, relettering, and redesignating 24 as necessary. Amendment H?1695 lost. Hansen of Pottawattamie offered amendment H?1725, to the committee amendment H?1618, filed by him from the floor, previously deferred, as follows: H-1725 1 Amend the Committee amendment, H-1618, to Senate 2 File 464, as amended, passed, and reprinted by the 3 Senate, as follows: 4 1. Page 4, by striking line 20 and inserting the 5 following: 6 " $ 50,000" 7 2. Page 6, by striking line 7 and inserting the 8 following: 9 " $ 700,000" 10 3. Page 8, by striking line 15 and inserting the 11 following: 12 " $ 650,000" 13 4. Page 8, by striking line 37 and inserting the 14 following: 15 " $ 185,000" 16 5. Page 8, lines 41 and 42, by striking the words 17 and figure "enrolled in grade 12". 18 6. Page 9, by inserting after line 2 the 19 following: 20 " ___. A school district that submits to the 21 department a claim for reimbursement in accordance 22 with this subsection shall develop and integrate 23 specific employability skills goals and activities 24 into the comprehensive school improvement plan 25 required under section 256.7, subsection 21, paragraph 26 "a"." 27 7. Page 9, by inserting after line 21 the 28 following: 29 " ___. BEGINNING TEACHER INDUCTION PROGRAM 30 For purposes of the beginning teacher induction 31 program as provided in section 256E.2, if enacted by 32 1999 Iowa Acts, Senate File 232: 33 $ 300,000 34 Notwithstanding section 8.33, moneys appropriated 35 in this section that remain unencumbered or 36 unobligated at the close of the fiscal year shall not 37 revert but shall remain available for expenditure for 38 the purposes designated until the close of the 39 succeeding fiscal year." 40 8. Page 10, line 47, by striking the figure 41 "460,000" and inserting the following: "675,000". 42 9. Page 11, by inserting after line 25 the 43 following: 44 " ___. The sum of $165,000 to the department of 45 education for reimbursement of school district claims 46 for the costs of acquiring and using employability 47 skills assessment tools as provided in section 7, 48 subsection 14, of this Act. 49 ___. The sum of $50,000 to the department of 50 cultural affairs for the local arts comprehensive Page 2 1 educational strategies program (LACES) for contracting 2 with the Iowa alliance for arts education to execute 3 their local arts comprehensive educational strategies. 4 The sum reallocated in this lettered paragraph is in 5 addition to funds appropriated in section 6, 6 subsection 5, of this Act." 7 10. Page 11, lines 30 and 31, by striking the 8 words "the boards of directors of the community 9 colleges" and inserting the following: 10 "representatives of the Iowa association of community 11 college trustees". 12 11. Page 13, by striking line 9 and inserting the 13 following: 14 " $237,554,141" 15 12. Page 16, by striking line 30 and inserting 16 the following: 17 " $185,808,896" 18 13. Page 16, by striking line 47 and inserting 19 the following: 20 " $ 22,706,446" 21 14. Page 17, by striking line 40 and inserting 22 the following: 23 " $ 83,402,982" 24 15. Page 19, by striking lines 9 through 12. 25 16. By striking page 21, line 43, through page 26 22, line 4 and inserting the following: 27 "Sec. ___. Section 256.22, subsection 2, Code 28 1999, is amended to read as follows: 29 2. Grant moneys shall be distributed to qualifying 30 school districts by the department no later than 31 October 15,19981999. Grant amounts shall be 32 distributed as determined by the department." 33 17. Page 22, by inserting after line 46 the 34 following: 35 "Sec. ___. Section 261.17, subsection 3, 36 unnumbered paragraph 1, Code 1999, is amended to read 37 as follows: 38 A qualified full-time student may receive 39 vocational-technical tuition grants for not more than 40 four semesters,eightquartersor the trimester or 41 quarter equivalent of two full years of study.The42amountofavocational-technicaltuitiongranttoaA 43 qualified part-time student enrolled in a course of 44 study including at least three semester hours but 45 fewer than twelve semester hours or the trimester or 46 quarter equivalentshallbeequaltotheamountofa47tuitiongrantthatwouldbepaidtoafull-time48studenttimesanumberwhichrepresentsthenumberof49hoursinwhichthepart-timestudentisactually50enrolleddividedbytwelvesemesterhours,may receive Page 3 1 vocational-technical tuition grants for not more than 2 eight semesters or the trimester or quarter equivalent 3 of two full years of full-time study." 4 18. Page 22, line 49, by inserting after the 5 figure "4." the following: "a." 6 19. Page 22, line 50, by inserting after the word 7 "grant" the following: "to a qualified full-time 8 student". 9 20. Page 23, by inserting after line 2 the 10 following: 11 "b. The amount of a vocational-technical tuition 12 grant to a qualified part-time student enrolled in a 13 course of study including at least three semester 14 hours but fewer than twelve semester hours or the 15 trimester or quarter equivalent shall be equal to the 16 amount of a vocational-technical tuition grant that 17 would be paid to a full-time student, except that the 18 commission shall prorate the amount in a manner 19 consistent with the federal Pell grant program 20 proration." 21 21. Page 23, by inserting after line 20 the 22 following: 23 "Sec. ___. Section 261.38, subsection 1, Code 24 1999, is amended to read as follows: 25 1. The commission shall establish a loan reserve 26 accountfromwhichanydefaultonaguaranteedstudent27loanshallbepaidand an agency operating account as 28 authorized by the federal Higher Education Act of 29 1965. The commission shall credit tothisaccount30 these accounts all moneysdesignatedexclusivelyfor31thereservefundprovided for the state student loan 32 program by the United States, the state of Iowa, or 33 any of their agencies, departments or 34 instrumentalities, as well as any funds accruing to 35 the program which are not required for current 36 administrative expenses. Thedepartmentofmanagement37shalldeterminetheactuariallysoundreserve38requirementfortheamountofguaranteedloans39outstandingcommission may expend moneys in the loan 40 reserve and agency operating accounts as authorized by 41 the federal Higher Education Act of 1965. 42 Sec. ___. Section 261.38, subsection 2, Code 1999, 43 is amended by striking the subsection. 44 Sec. ___. Section 261.38, subsections 3, 4, and 5, 45 Code 1999, are amended to read as follows: 46 3. The payment of any funds for the default on a 47 guaranteed student loan shall be solely from the loan 48 reserveaccountand agency operating accounts. The 49 general assembly shall not be obligated to appropriate 50 any moneys to pay for any defaults or to appropriate Page 4 1 any moneys to be credited to the loan reserve account. 2 The commission shall not give or lend the credit of 3 the state of Iowa. 4 4.FundsNotwithstanding section 8.33, funds on 5 deposit in the loan reserveaccountorinthe6administrativeaccountand operating accounts shall 7 not revert to the state general fund at the close of 8 any fiscal year. 9 5. The treasurer of state shall invest any funds, 10 including those in the loan reserveaccountand 11 operating accounts, and, notwithstanding section 12 12C.7, the interest income earned shall be credited 13 back to theloanreserveappropriate account. 14 Sec. ___. Section 261.38, subsection 6, Code 1999, 15 is amended by striking the subsection. 16 Sec. ___. Section 261.38, subsection 7, unnumbered 17 paragraph 1, Code 1999, is amended to read as follows: 18 The commission mayexpendfundsinthereserve19accountandenter into agreements with the Iowa 20 student loan liquidity corporation in order to 21 increase access for students to education loan 22 programs that the commission determines meet the 23 education needs of Iowa residents. The agreements 24 shall permit the establishment, funding, and operation 25 of alternative education loan programs, as described 26 in section 144(b)(1)(B) of the Internal Revenue Code 27 of 1986 as amended, as defined in section 422.3, in 28 addition to programs permitted under the federal 29 Higher Education Act of 1965. In accordance with 30 those agreements, the Iowa student loan liquidity 31 corporation may issue bonds, notes, or other 32 obligations to the public and others for the purpose 33 of funding the alternative education loan programs. 34 This authority to issuesuchbonds, notes, or other 35 obligations shall be in addition to the authority 36 established in the articles of incorporation and 37 bylaws of the Iowa student loan liquidity 38 corporation." 39 22. By renumbering, relettering, and 40 redesignating as necessary. The House stood at ease at 5:28 p.m., until the fall of the gavel. The House resumed session at 6:25 p.m., Speaker Corbett in the chair. Hansen of Pottawattamie moved the adoption of amendment H-1725, to the committee amendment H-1618. Amendment H?1725 was adopted. Chiodo of Polk asked and received unanimous consent to withdraw amendment H-1742, to the committee amendment H-1618, filed by Chiodo, Mascher of Johnson and Wise of Lee, from the floor. Mascher of Johnson offered the following amendment H?1743, to the committee amendment H?1618, filed by her from the floor and moved its adoption: H-1743 1 Amend the Committee amendment, H-1618, to Senate 2 File 464, as amended, passed, and reprinted by the 3 Senate, as follows: 4 1. Page 21, by inserting after line 42 the 5 following: 6 "Sec. ___. Section 256.11, Code 1999, is amended 7 by adding the following new subsection: 8 NEW SUBSECTION. 9. Unless a waiver has been 9 obtained under section 256.11A, each school or school 10 district shall have an articulated sequential 11 elementary-secondary guidance program for grades 12 kindergarten through twelve and a guidance counselor 13 who meets the licensing standards prescribed by the 14 board of educational examiners. In determining the 15 requirements of this subsection for nonpublic schools, 16 the department shall evaluate the schools on a school 17 system basis rather than on an individual school 18 basis. 19 Sec. ___. Section 256.11A, subsection 1, Code 20 1999, is amended to read as follows: 21 1. Schools and school districtsunabletomeetthe22standardadoptedbythestateboardrequiringeach23schoolorschooldistrictoperatingakindergarten24throughgradetwelveprogramtoprovideanarticulated25sequentialelementary-secondaryguidanceprogrammay, 26 not later than August 1,19951999, for the school 27 year beginning July 1,19951999, file a written 28 request to the department of education that the 29 department waive the requirement,forestablished in 30 section 256.11, subsection 9, that a school or school 31 district operating a kindergarten through grade twelve 32 program, provide an articulated sequential elementary- 33 secondary guidance program. The procedures specified 34 in subsection 3 apply to the request. Not later than 35 August 1,19962000, for the school year beginning 36 July 1,19962000, the board of directors of a school 37 district or the authorities in charge of a nonpublic 38 school may request a one-year extension of the 39 waiver." 40 2. By renumbering as necessary. Amendment H?1743 lost. Hansen of Pottawattamie moved the adoption of the committee amendment H-1618, as amended. The committee amendment H-1618, as amended, was adopted, placing amendment H-1534 filed by Scherrman of Dubuque on April 12, 1999, out of order. Hansen of Pottawattamie moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 464) The ayes were, 96: Alons Arnold Barry Baudler Bell Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson 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: Kreiman O'Brien Parmenter Absent or not voting, 1: Boal The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 464 be immediately messaged to the Senate. Appropriations Calendar House File 766, a bill for an act relating to the national board certification awards, establishing a national board certification pilot project, and requiring studies by the department of education, was taken up for consideration. Grundberg of Polk offered the following amendment H?1726 filed by her from the floor and moved its adoption: H-1726 1 Amend House File 766 as follows: 2 1. By striking everything after the enacting 3 clause and inserting the following: 4 "Section 1. Section 256.44, Code 1999, is amended 5 by striking the section and inserting in lieu thereof 6 the following: 7 256.44 NATIONAL BOARD CERTIFICATION PILOT PROJECT. 8 1. A national board certification pilot project is 9 established to be administered by the department of 10 education. A teacher, as defined in section 272.1, 11 who registers for or achieves national board for 12 professional teaching standards certification, and who 13 is employed by a school district in Iowa and receiving 14 a salary as a classroom teacher, may be eligible for 15 the following: 16 a. If a teacher registers for national board for 17 professional teaching standards certification prior to 18 June 30, 2002, a one-time initial reimbursement award 19 in the amount of up to one-half of the registration 20 fee paid by the teacher for registration for 21 certification by the national board for professional 22 teaching standards. The teacher shall apply to the 23 department of education within one year of 24 registration, submitting to the department any 25 documentation the department requires. A teacher who 26 receives an initial reimbursement award shall receive 27 a one-time final registration award in the amount of 28 the remaining national board registration fee paid by 29 the teacher if the teacher notifies the department of 30 the teacher's certification achievement and submits 31 any documentation requested by the department. 32 b. (1) If, by May 1, 2000, the teacher applies to 33 the department for an annual award and submits 34 documentation of certification by the national board 35 for professional teaching standards, an annual award 36 in the amount of five thousand dollars. However, if 37 the teacher does not achieve certification on the 38 teacher's first attempt to pass the national board for 39 professional teaching standards assessment, the 40 teacher shall be paid the award amount as provided in 41 subparagraph (2) upon achieving certification. The 42 department shall award not more than a total of fifty 43 thousand dollars in annual awards to an individual 44 during the individual's term of eligibility for annual 45 awards. 46 (2) If the teacher registers for national board 47 for professional teaching standards certification 48 between January 1, 1999, and January 1, 2002, and 49 achieves certification within three years from the 50 date of initial score notification, an annual award in Page 2 1 the amount of two thousand five dollars upon achieving 2 certification by the national board of professional 3 teaching standards. 4 To receive an annual award pursuant to this 5 paragraph "b", a teacher shall apply to the department 6 for an award within one year of eligibility. Payment 7 for awards shall be made only upon departmental 8 approval of an application or recertification of 9 eligibility. A term of eligibility shall be for ten 10 years or for the years in which the individual 11 maintains a valid certificate, whichever time period 12 is shorter. In order to continue receipt of payments, 13 a recipient shall annually recertify eligibility. 14 2. a. If the amount appropriated annually for 15 purposes of this section is insufficient to pay the 16 full amount of reimbursement awards in accordance with 17 subsection 1, paragraph "a", the department shall 18 annually prorate the amount of the registration awards 19 provided to each teacher who meets the requirements of 20 this section. 21 b. If the amount appropriated annually for 22 purposes of providing an annual award in accordance 23 with subsection 1, paragraph "b", is insufficient to 24 pay the full annual award to all teachers approved by 25 the department for an annual award, the department 26 shall prorate the amount of the annual award based 27 upon the amount appropriated. 28 3. A teacher receiving an annual award pursuant to 29 this section may provide additional services to the 30 school district that employs the teacher. The 31 additional services to be provided by the teacher may 32 be mutually agreed upon by the school district and the 33 teacher. 34 4. Awards shall be paid to teachers by the 35 department as follows: 36 a. Upon receipt of reimbursement documentation as 37 provided in subsection 1, paragraph "a". 38 b. Not later than June 1 to teachers whose 39 applications and recertifications for annual awards as 40 provided in subsection 1, paragraph "b", are submitted 41 to the department by May 1 and subsequently approved. 42 5. Notwithstanding any provision to the contrary, 43 a teacher approved by the department to receive an 44 annual award for certification in accordance with this 45 section in the fiscal year beginning July 1, 1998, 46 shall receive the annual award amount specified in 47 subsection 1, paragraph "b", subparagraph (1), to 48 commence with the fiscal year beginning July 1, 1999. 49 6. From funds appropriated for purposes of this 50 section by the general assembly to the department of Page 3 1 education for each fiscal year in the fiscal period 2 beginning July 1, 1999, and ending June 30, 2004, 3 three hundred thousand dollars, or so much thereof as 4 may be necessary, shall be used for the payment of 5 registration awards as provided in subsection 4, 6 paragraph "a". 7 7. The department shall prorate the amount of the 8 annual awards paid in accordance with this section 9 when the number of award recipients exceeds one 10 thousand one hundred individuals. 11 Sec. 2. DEPARTMENT OF EDUCATION STUDIES. The 12 department of education shall conduct a study of the 13 effects of the national board certification pilot 14 project established in section 256.44 on teaching 15 quality, professional development, the provision of 16 additional services to school districts in accordance 17 with section 256.44, subsection 3, and teacher 18 induction and retention in this state. The department 19 shall consider whether the effects of the pilot 20 project support continuation of the project or 21 expansion to include other teacher awards or 22 recognitions. The department shall submit its 23 findings and recommendations in a report to the 24 chairpersons and ranking members of the senate and 25 house standing committees on education and the joint 26 subcommittee on education appropriations by December 27 1, 2001. 28 Sec. 3. EMERGENCY RULES. The department of 29 education may adopt emergency rules under section 30 17A.4, subsection 2, and section 17A.5, subsection 2, 31 paragraph "b", to implement the provisions of this Act 32 and the rules shall be effective immediately upon 33 filing unless a later date is specified in the rules. 34 Any rules adopted in accordance with this section 35 shall also be published as a notice of intended action 36 as provided in section 17A.4." Chiodo of Polk in the chair at 6:45 p.m. Amendment H?1726 was adopted placing the following amendments out of order: Amendments H-1666, H-1667 and H-1668, filed by Mascher of Johnson on April 19, 1999. Amendment H-1719 filed by Mascher of Johnson on April 20, 1999. Grundberg of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 766) The ayes were, 93: Alons Arnold Barry Baudler Bell Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Cohoon Connors Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Drake Drees Eddie Fallon Foege Ford Frevert Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson 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 Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Welter Whitead Wise Witt Chiodo, Presiding The nays were, 6: Dotzler Falck Garman Kettering Shoultz Weigel Absent or not voting, 1: Boal The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 766 be immediately messaged to the Senate. Unfinished Business Calendar Senate File 324, a bill for an act relating to certain franchise agreements and the rights and responsibilities of the parties under such agreements, with report of committee recommending amendment and passage, was taken up for consideration. Metcalf of Polk offered amendment H-1335 filed by the committee on commerce and regulation as follows: H-1335 1 Amend Senate File 324, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 13, by striking lines 30 through 32. Roll call was requested by Metcalf of Polk and Jager of Black Hawk. On the question "Shall the committee amendment H-1335 be adopted?" (S.F. 324) The ayes were, 37: Alons Barry Baudler Bell Blodgett Boggess Bradley Carroll Cataldo Chapman Corbett, Spkr. Dolecheck Eddie Ford Grundberg Hahn Hansen Hoffman Holmes Horbach Jacobs Jenkins Johnson Larson Lord May Metcalf Raecker Rants Siegrist Sukup Teig Thomson Van Fossen Weidman Welter Chiodo, Presiding The nays were, 61: Arnold Boddicker Brauns Brunkhorst Bukta Burnett Cohoon Connors Cormack Davis Dix Doderer Dotzler Drake Drees Falck Fallon Foege Frevert Garman Gipp Greiner Heaton Holveck Houser Huseman Huser Jager Jochum Kettering Klemme Kreiman Kuhn Larkin Martin Mascher Mertz Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Rayhons Reynolds Richardson Scherrman Schrader Shoultz Stevens Sunderbruch Taylor Thomas Van Engelenhoven Warnstadt Weigel Whitead Wise Witt Absent or not voting, 2: Boal Tyrrell The committee amendment H-1335 lost. Siegrist of Pottawattamie asked and received unanimous consent that Senate File 324 be deferred and that the bill retain its place on the calendar. LEAVE OF ABSENCE Leave of absence was granted as follows: Cataldo of Polk, until his return, on request of Chiodo of Polk. Ways and Means Calendar House File 769, a bill for an act relating to the classification of apartments in condominiums for purposes of property taxation, was taken up for consideration. Lord of Dallas offered the following amendment H?1734 filed by him and moved its adoption: Speaker pro tempore Rants in the chair at 7:55 p.m. Speaker Corbett in the chair at 7:56 p.m. H-1734 1 Amend House File 769 as follows: 2 1. Page 1, line 19, by inserting after the word 3 "habitation." the following: "However, if such 4 apartment would be classified as commercial property 5 pursuant to the rules of the department of revenue and 6 finance for the assessment year beginning January 1, 7 2000, the taxable value of the apartment for that 8 assessment year and subsequent assessment years shall 9 be increased by twenty percent until such time as the 10 taxable value of the apartment equals the taxable 11 value of the apartment if it was assessed as 12 commercial property and at such time the apartment 13 shall be classified according to the rules of the 14 department of revenue and finance." 15 2. Page 1, line 31, by inserting after the word 16 "habitation." the following: "However, if such 17 apartment would be classified as commercial property 18 pursuant to the rules of the department of revenue and 19 finance for the assessment year beginning January 1, 20 2000, the taxable value of the apartment for that 21 assessment year and subsequent assessment years shall 22 be increased by twenty percent until such time as the 23 taxable value of the apartment equals the taxable 24 value of the apartment if it was assessed as 25 commercial property and at such time the apartment 26 shall be classified according to the rules of the 27 department of revenue and finance." A non-record roll call was requested. The ayes were 36, nays 53. Amendment H?1734 lost. Doderer of Johnson asked and received unanimous consent to withdraw amendments H-1735 and H-1748 filed by her from the floor. Doderer of Johnson offered amendment H?1747 filed by her from the floor as follows: H-1747 1 Amend House File 769 as follows: 2 1. Page 1, by inserting before line 32 the 3 following: 4 "Sec. ___. PROPERTY TAX SHIFT - APPROPRIATION. 5 1. The department of revenue and finance shall 6 estimate for the fiscal year beginning July 1, 2001, 7 the amount of property taxes that have been shifted to 8 cash class of property as a result of the enactment of 9 section 2 of this Act. The amount of property tax 10 shift shall be estimated for each city, county, and 11 school district. 12 2. There is appropriated from the general fund of 13 the state to the department of revenue and finance for 14 the fiscal year beginning July 1, 2001, the amount 15 estimated in subsection 1. The department shall pay 16 by April 1, 2002, to each county the total amount of 17 property taxes shifted to property located in the 18 county. The county shall refund to owners of each 19 class of property to which property taxes where 20 shifted as estimated in subsection 1 a pro rata amount 21 of the money received from the department." The following amendment H-1751, to amendment H-1747, filed by Doderer of Johnson from the floor was adopted by unanimous consent. H-1751 1 Amend amendment H-1747, to House File 769 as 2 follows: 3 1. Page 1, line 8, by striking the word "cash" 4 and inserting the following: "each". Doderer of Johnson moved the adoption of amendment H-1747, as amended. A non-record roll call was requested. The ayes were 17, nays 45. Amendment H?1747, as amended, lost. Drake of Pottawattamie moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 769) The ayes were, 75: Alons Arnold Barry Baudler Blodgett Boggess Bradley Brauns Brunkhorst Bukta Carroll Chapman Chiodo Cohoon Cormack Davis Dix Dolecheck Drake Eddie Falck Fallon Foege Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larkin Larson Lord Martin May Mertz Metcalf Millage Mundie Myers Nelson O'Brien Osterhaus Raecker Rants Rayhons Scherrman Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Welter Whitead Witt Mr. Speaker Corbett The nays were, 20: Bell Burnett Doderer Dotzler Drees Ford Frevert Holveck Huser Jochum Kreiman Kuhn Mascher Murphy Parmenter Reynolds Richardson Schrader Shoultz Weigel Absent or not voting, 5: Boal Boddicker Cataldo Connors Wise The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 769 be immediately messaged to the Senate. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 21, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 470, a bill for an act relating to campaign finance disclosure by regulating express advocacy of candidates and ballot issues, requiring annual authorization for political representation financed from deductions from wages, dues, and fees, providing and applying penalties, providing an effective date and for applicability, and providing for severability. MICHAEL E. MARSHALL, Secretary INTRODUCTION OF BILLS House File 775, by committee on ways and means, a bill for an act increasing the state foundation base for purposes of the state school aid funding formula and including effective and applicability date provisions. Read first time and placed on the ways and means calendar. House File 776, by committee on ways and means, a bill for an act relating to urban renewal. Read first time and placed on the ways and means calendar. House File 777, by committee on ways and means, a bill for an act relating to the limited licensure of motor vehicle rental companies by authorizing motor vehicle rental companies to offer and sell certain types of insurance with the rental of vehicles, providing for licensure of counter employees, relating to the use of qualified vendor for purposes of administering examinations, and providing for a fee for license issuance. Read first time and placed on the ways and means calendar. House File 778, by committee on ways and means, a bill for an act providing an individual and corporate tax credit for the acquisition of assistive technology or the modification of the workplace in order to assist persons with a disability in the workplace and including an effective and applicability date provision. Read first time and placed on the ways and means calendar. EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on April 21, 1999. Had I been present, I would have voted "aye" on House File 448. HUSER of Polk I was necessarily absent from the House chamber on April 21, 1999. Had I been present, I would have voted "aye" on House Files 172 and 700. THOMAS of Clayton 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 21st day of April, 1999: House Files 311, 662 and 713. 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 20, 1999, he approved and transmitted to the Secretary of State the following bill: Senate File 264, an act relating to the regulatory authority of the natural resource commission on the Sac and Fox tribe of the Mississippi in Iowa settlement in Tama county. Also: That on April 21, 1999, he approved and transmitted to the Secretary of State the following bills: House File 38, an act eliminating references to an obsolete federal requirement relating to the attachment of an adoption information form to an adoption petition and decree. House File 349, an act eliminating requirements relating to the department of natural resources adopting rules requiring public water systems to test source water. House File 489, an act eliminating certain requirements relating to the regulation of infectious waste. Senate File 265, an act relating to the taking of muskrats by colony trap. Senate File 276, an act relating to health care service and treatment coverage by providing for continuity of care, discussion and advocacy of treatment options, coverage of emergency room services, utilization review requirements, and an external review process, and providing an effective date. Senate File 366, an act making a supplemental appropriation for the fiscal year beginning July 1, 1998, for replacement of certain embedded chips in the technology and equipment of state departments and providing an effective date. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Sixty high school students from Tipton High School, Tipton, accompanied by Barb Cary and Mike Droll. By Boddicker of Cedar. Students from Dunkerton, accompanied by George Pickup. By Dotzler of Black Hawk and Brunkhorst of Bremer. 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\769 Associated General Contractors of Iowa, Des Moines - For underwriting the twice daily legislative updates on WOI/AM Public Radio during the 78th General Assembly, First Session. 1999\770 Mary and Lyle Bradley, Ottumwa - For celebrating their 50th wedding anniversary. 1999\771 Amy Huseman, Aurelia - For being inducted into the National Honor Society. 1999\772 Erin Huseman, Aurelia - For being inducted into the National Honor Society. 1999\773 Edna Mesenbrink, Onawa - For celebrating her 90th birthday. 1999\774 Ella Ann Neumann, Strawberry Point - For celebrating her 80th birthday. 1999\775 Gladys Orcutt, Guttenberg - For celebrating her 80th birthday. 1999\776 Rosella and Bob Boleyn, Elgin - For celebrating their 50th wedding anniversary. 1999\777 Gretchen and Raymond Hochhaus, Strawberry Point - For celebrating their 65th wedding anniversary. 1999\778 Gertie and Rodney Drewes, West Union - For celebrating their 60th wedding anniversary. 1999\779 Delores and Gilbert Holly, Luana - For celebrating their 50th wedding anniversary. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 263 Ways and Means Relating to the appropriation made for the livestock production tax credit. H.S.B. 264 Ways and Means Relating to solid waste by removing wine from the definition of beverage in the mandatory beverage container deposit law, allowing the allocation of landfill alternative financial assistance moneys, and making encouragement of curbside recycling a public policy of the state. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendations have been received and are on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON WAYS AND MEANS Senate File 136, a bill for an act relating to the administration of the tax and related laws by the department of revenue and finance, including administration of state individual income, corporate income, franchise, sales and use, motor fuel, cigarette and tobacco, local option, inheritance and estate, and property taxes, and the livestock production credit; providing penalties; and including effective and retroactive applicability date provisions. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-1737 April 20, 1999. Senate File 462, a bill for an act relating to veterans' benefits, veterans preference, veterans' claims, reimbursement for military service tax exemption, and providing a penalty and applicability date. Fiscal Note is required. Recommended Amend and Do Pass with amendment H-1730 April 20, 1999. Senate File 469, a bill for an act relating to the state sales and use taxes by providing for the effective date for any rate increase or decrease, filing of consolidated sales tax returns by affiliated corporations, changing the statute of limitations for assessing tax and applying for refunds and relating to local sales and services taxes by providing the effective dates for imposing, repealing, or changing rates, allowing cities in more than one county to impose the tax, providing for refunds of tax payable to construction contractors, allowing for 28E agreements to be entered into between school districts and counties or other school districts, and providing for utilization of excess revenue for property tax reduction, and including retroactive applicability and effective dates. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-1729 April 20, 1999. Committee Bill (Formerly House File 727), relating to urban renewal and urban revitalization, by making changes related to certain property located in an urban renewal area, to duration of urban renewal areas, to certification of urban renewal debt, to tax increment financing of urban renewal projects, to improvements related to urban renewal projects, and to annual reporting on urban renewal areas, and providing for the Act's applicability. Fiscal Note is not required. Recommended Amend and Do Pass April 20, 1999. Committee Bill (Formerly House Study Bill 261), increasing the state foundation base for purposes of the state school aid funding formula and including effective and applicability date provisions. Fiscal Note is required. Recommended Do Pass April 20, 1999. Committee Bill (Formerly House Study Bill 262), relating to the limited licensure of motor vehicle rental companies by authorizing motor vehicle rental companies to offer and sell certain types of insurance with the rental of vehicles, providing for licensure of counter employees, relating to the use of qualified vendor for purposes of administering examinations, and providing for a fee for license issuance. Fiscal Note is required. Recommended Amend and Do Pass April 20, 1999. AMENDMENTS FILED H-1722 H.F. 772 Blodgett of Cerro Gordo H-1723 H.F. 772 Falck of Fayette H-1724 H.F. 772 Falck of Fayette H-1727 H.F. 218 Senate Amendment H-1729 S.F. 469 Committee on Ways and Means H-1730 S.F. 462 Committee on Ways and Means H-1737 S.F. 136 Committee on Ways and Means H-1738 H.F. 772 Brauns of Muscatine H-1741 S.F. 136 Holmes of Scott Shoultz of Black Hawk H-1744 S.F. 76 Sukup of Franklin H-1745 S.F. 76 Sukup of Franklin H-1746 H.F. 772 Wise of Lee H-1749 H.F. 476 O'Brien of Boone Drees of Carroll Fallon of Polk H-1750 H.F. 747 Dix of Butler H-1752 H.F. 772 Dix of Butler Huser of Polk H-1753 H.F. 476 Metcalf of Polk H-1754 H.F. 476 Houser of Pottawattamie Arnold of Lucas Fallon of Polk On motion by Siegrist of Pottawattamie the House adjourned at 8:57 p.m., until 8:45 a.m., Thursday, April 22, 1999. 1574 JOURNAL OF THE HOUSE 101st Day 101st Day WEDNESDAY, APRIL 21, 1999 1573
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