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One Hundred Seventh Calendar Day - Sixty-seventh Session Day Hall of the House of Representatives Des Moines, Iowa, Tuesday, April 27, 1999 The House met pursuant to adjournment at 9:34 a.m., Carroll of Poweshiek in the chair. Prayer and song were offered by Reverend Bob Connors, pastor of the Union Park Christian Church, Des Moines. He is the brother of the Honorable John Connors, state representative from Polk County. The Journal of Monday, April 26, 1999 was approved. PETITION FILED The following petition was received and placed on file: By Frevert of Palo Alto, from fifty constituents favoring a fuel quality standard for Iowa. TEACHER OF THE DAY Representative Heaton of Henry presented to the House, Cynthia Morgan, Elementary Principal of the Year from Clark Elementary, New London Public Schools. LEAVE OF ABSENCE Leave of absence was granted as follows: Cataldo of Polk and Ford of Polk, until their arrival, on request of Kreiman of Davis. 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 27, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 337, a bill for an act relating to landlords' and tenants' relations, by providing notice requirements, establishing a tenant's duty to properly maintain utility facilities, issuing new titles for valueless homes to third parties, and providing for other properly related matters and an effective date. Also: That the Senate has on April 27, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 393, a bill for an act providing for the joint construction or acquisition, furnishing, operation, and maintenance of public buildings by counties, cities, fire districts, and school districts and providing for joint issuance of school district or fire district bonds. Also: That the Senate has on April 27, 1999, passed the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 22, a concurrent resolution designating a week in September 1999 as Iowa Education Week. MICHAEL E. MARSHALL, Secretary SENATE AMENDMENT CONSIDERED Reynolds of Van Buren called up for consideration House File 688, a bill for an act providing for the designation of a state poet laureate, amended by the Senate, and moved that the House concur in the following Senate amendment H-1784: H-1784 1 Amend House File 688, as passed by the House, as 2 follows: 3 1. Page 1, by striking lines 3 through 18 and 4 inserting the following: 5 "1. A state poet laureate nominating committee is 6 created. At the request of the governor, the 7 executive director of humanities Iowa and the 8 executive director of the Iowa arts council shall each 9 appoint three persons who reside in this state to a 10 poet laureate nominating committee. At its initial 11 meeting held at the call of the executive directors of 12 humanities Iowa and the Iowa arts council, the state 13 poet laureate nominating committee shall elect a 14 chairperson and vice chairperson from among its 15 members and adopt rules of procedure. The members of 16 the state poet laureate nominating committee shall be 17 invited to serve without compensation for their 18 services. The nominating committee is charged with 19 considering the diversity of the people and poetry of 20 Iowa." 21 2. Page 1, by striking lines 27 through 30 and 22 inserting the following: "governor. The governor may 23 select the state poet laureate from the list of 24 nominees for a two-year term of office. The state 25 poet laureate is an". The motion prevailed and the House concurred in the Senate amendment H-1784. Reynolds of Van Buren 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. 688) The ayes were, 90: Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Chapman Chiodo Cohoon Connors Cormack Davis Dix Dolecheck Dotzler Drake Drees Eddie Fallon Foege Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum 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 Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Warnstadt Weidman Weigel Whitead Wise Witt Carroll, Presiding The nays were, 3: Alons Johnson Welter Absent or not voting, 7: Cataldo Corbett, Spkr. Doderer Falck Ford Richardson Van Fossen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. CONSIDERATION OF BILLS Ways and Means Calendar 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, with report of committee recommending amendment and passage, was taken up for consideration. Houser of Pottawattamie offered the following amendment H-1730 filed by the committee on ways and means and moved its adoption: H-1730 1 Amend Senate File 462, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by striking lines 3 through 12. 4 2. By striking page 10, line 21, through page 11, 5 line 1. 6 3. Page 11, by inserting after line 24 the 7 following: 8 "Sec. ___. Section 321.34, Code 1999, is amended 9 by adding the following new subsection: 10 NEW SUBSECTION. 15. LEGION OF MERIT SPECIAL 11 PLATES. The owner of a motor vehicle subject to 12 registration under section 321.109, subsection 1, 13 light delivery truck, panel delivery truck, or pickup 14 who has been awarded the legion of merit may, upon 15 written application to the department and presentation 16 of satisfactory proof of the award of the legion of 17 merit as established by the Congress of the United 18 States, order special registration plates with a 19 legion of merit processed emblem. The emblem shall be 20 designed by the department in cooperation with the 21 adjutant general and shall signify that the owner was 22 awarded the legion of merit. The application is 23 subject to approval by the department, in consultation 24 with the adjutant general. The special plates shall 25 be issued at no charge and are subject to an annual 26 registration fee of fifteen dollars. The county 27 treasurer shall validate the special plates in the 28 same manner as regular registration plates are 29 validated under this section. 30 The surviving spouse of a person who was issued 31 special plates under this subsection may continue to 32 use or apply for and use the special plates subject to 33 registration of the special plates in the surviving 34 spouse's name and upon payment of the annual 35 registration fee. If the surviving spouse remarries, 36 the surviving spouse shall return the special plates 37 to the department and the department shall issue 38 regular registration plates to the surviving spouse." 39 4. By striking page 12, line 4, through page 13, 40 line 3. 41 5. Title page, line 1, by striking the words 42 "veterans preference,". 43 6. Title page, line 2, by inserting after the 44 word "claims," the following: "special veterans' 45 motor vehicle registration plates,". The committee amendment H-1730 was adopted. Warnstadt of Woodbury asked and received unanimous consent that amendment H-1815 be deferred. Myers of Johnson offered the following amendment H?1790 filed by him and Houser of Pottawattamie and moved its adoption: H-1790 1 Amend Senate File 462, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 16, by striking lines 14 through 17. Amendment H?1790 was adopted. Weigel of Chickasaw asked and received unanimous consent to withdraw amendment H-1815, previously deferred, filed by him on April 26, 1999. Weigel of Chickasaw offered the following amendment H?1818 filed by him and moved its adoption: H-1818 1 Amend Senate File 462, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 3, by inserting after line 9 the 4 following: 5 "( ) A person who served for a total of six 6 years in the armed forces of the United States, the 7 reserved forces of the United States and the Iowa 8 national guard, and is discharged under honorable 9 conditions." 10 2. By renumbering as necessary. Amendment H?1818 lost. Houser 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. 462) The ayes were, 96: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Frevert Garman Gipp Greiner 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 Scherrman Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, none. Absent or not voting, 4: Ford Grundberg Richardson Schrader The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. Appropriations Calendar Senate File 101, a bill for an act relating to the offense of promoting or possessing contraband in prisons and juvenile facilities and establishing penalties, with report of committee recommending amendment and passage, was taken up for consideration. Garman of Story offered the following amendment H-1350 filed by the committee on judiciary and moved its adoption: H-1350 1 Amend Senate File 101, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 11, by inserting after the word 4 "ammunition," the following: "knife of any length or 5 any other cutting device,". 6 2. Page 1, by striking line 17. 7 3. Page 1, line 23, by striking the words 8 "promoting or". 9 4. Page 2, line 1, by striking the words 10 "promotes or". 11 5. Page 2, line 2, by striking the words, 12 "promoting or". 13 6. Page 2, line 4, by striking the words 14 "promotion or". 15 7. Page 2, line 6, by striking the words "or 16 "d"". 17 8. Page 2, line 7, by striking the words 18 "promotion or". 19 9. Title page, line 2, by striking the word 20 "juvenile" and inserting the following: "detention". The committee amendment H-1350 was adopted. Garman of Story moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 101) The ayes were, 95: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Frevert Garman Gipp Greiner 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 Scherrman Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, 1: Fallon Absent or not voting, 4: Ford Grundberg Richardson Schrader The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House File 688, Senate Files 462 and 101. SENATE AMENDMENT CONSIDERED Nelson of Marshall called up for consideration House File 675, a bill for an act relating to schools and school districts by affecting boiler and steam vessel maintenance and monitoring, the regular school calendar, superintendent licensure and qualifications, and school breakfast programming, amended by the Senate, and moved that the House concur in the following Senate amendment H-1802: H-1802 1 Amend House File 675, as amended, passed, and 2 reprinted by the House, as follows: 3 1. By striking page 1, line 1, through page 3, 4 line 1. 5 2. Page 3, by striking lines 23 through 33 and 6 inserting the following: "operation of a school 7 breakfast program at a specific attendance center 8 within the school district shall develop an 9 alternative site plan to operate the school breakfast 10 program at another attendance center within the school 11 district and shall annually certify to the department 12 that the plan meets the following criteria: 13 (1) Provides safe travel routes to and from the 14 alternative breakfast site for all eligible students. 15 (2) Minimizes student travel time between the 16 student's attendance center and the alternative 17 breakfast site. 18 (3) Provides for a reasonable relationship between 19 the time breakfast is offered, the time the student is 20 required to arrive at the attendance center and 21 alternative site, and the daily school start time. 22 (4) Provides an alternative breakfast site 23 facility adequate for the number of students 24 participating in the breakfast program." 25 3. Page 4, by striking lines 1 through 9 and 26 inserting the following: "with paragraph "b", shall 27 notify the parent, guardian, or legal or actual 28 custodian of a child enrolled in the school district 29 of the school district's intention to develop and 30 implement a plan to provide school breakfast programs 31 only in certain attendance centers. At any time in 32 which the school district proposes to make substantive 33 changes to a plan certified with the department of 34 education, the notification requirements of this 35 paragraph shall apply." 36 4. Page 4, by striking lines 15 and 16 and 37 inserting the following: "each district or, if the 38 school district meets the requirements of paragraphs 39 "b" and "c", shall provide access to a". 40 5. Page 5, by striking lines 12 through 24 and 41 inserting the following: "operation of a school 42 breakfast program at a specific attendance center 43 within the school district shall develop an 44 alternative site plan to operate the school breakfast 45 program at another attendance center within the school 46 district and shall annually certify to the department 47 that the plan meets the following criteria: 48 (1) Provides safe travel routes to and from the 49 alternative breakfast site for all eligible students. 50 (2) Minimizes student travel time between the Page 2 1 student's attendance center and the alternative 2 breakfast site. 3 (3) Provides for a reasonable relationship between 4 the time breakfast is offered, the time the student is 5 required to arrive at the attendance center and 6 alternative site, and the daily school start time. 7 (4) Provides an alternative breakfast site 8 facility adequate for the number of students 9 participating in the breakfast program. 10 c. The board of directors of a school district 11 that wishes to provide access to a school breakfast 12 program in accordance with paragraph "b", shall notify 13 the parent, guardian, or legal or actual custodian of 14 a child enrolled in the district of the school 15 district's intention to develop and implement a plan 16 to provide school breakfast programs only in certain 17 attendance centers. At any time in which the school 18 district proposes to make substantive changes to a 19 plan certified with the department of education, the 20 notification requirements of this paragraph shall 21 apply." 22 6. By striking page 5, line 25, through page 6, 23 line 15. 24 7. Title page, by striking lines 1 through 4 and 25 inserting the following: "An Act relating to school 26 breakfast programming." 27 8. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-1802. Nelson of Marshall 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. 675) The ayes were, 93: Arnold Barry Baudler Bell Blodgett Boal Boddicker Bradley Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs 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 Carroll, Presiding The nays were, 3: Alons Davis Jager Absent or not voting, 4: Boggess Ford Richardson Schrader The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. Appropriations Calendar House File 773, a bill for an act relating to child support enforcement, including child support recovery in instances of guardianships, income withholding, and payments to financial institutions for record matches, was taken up for consideration. 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?" (H.F. 773) The ayes were, 96: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Bukta Burnett 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 Schrader Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, none. Absent or not voting, 4: Brunkhorst Corbett, Spkr. Shoultz Van Fossen 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 675 and 773. HOUSE FILE 517 WITHDRAWN Martin of Scott asked and received unanimous consent to withdraw House File 517 from further consideration by the House. HOUSE FILE 533 WITHDRAWN Klemme of Plymouth asked and received unanimous consent to withdraw House File 533 from further consideration by the House. Gipp of Winneshiek in the chair at 11:03 a.m. Ways and Means Calendar 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, with report of committee recommending amendment and passage, was taken up for consideration. Jenkins of Black Hawk offered the following amendment H-1729 filed by the committee on ways and means and moved its adoption: H-1729 1 Amend Senate File 469, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. By striking page 3, line 16, through page 7, 4 line 9. 5 2. Page 13, by striking line 23 and inserting the 6 following: 7 "3. Sections 15 and 16 of this Act, being deemed 8 of immediate importance, take effect upon enactment 9 and apply retroactively to". 10 3. Page 13, line 25, by striking the word and 11 figures "7, and 16" and inserting the following: "and 12 7". The committee amendment H-1729 was adopted. Richardson of Warren offered the following amendment H?1837 filed by him and moved its adoption: H-1837 1 Amend Senate File 469, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 3, line 9, by striking the figure "2002" 4 and inserting the following: "2000". 5 2. Page 3, line 11, by striking the figure "2002" 6 and inserting the following: "2000". Amendment H?1837 was adopted. Jenkins of Black Hawk offered the following amendment H?1816 filed by him and moved its adoption: H-1816 1 Amend Senate File 469, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 9, by inserting after line 17 the 4 following: 5 "Sec. ___. Section 422B.1, subsection 6, paragraph 6 b, Code 1999, is amended to read as follows: 7 b. Within ten days of the election at which a 8 majority of those voting on the question favors the 9 imposition, repeal, or change in the rate of a local 10 option tax, thegoverningbodycounty auditor shall 11 give written notice by sending a copy of the abstract 12 of the ballot from the favorable election to the 13 director of revenue and finance or, in the case of a 14 local vehicle tax, to the director of the department 15 of transportation, of the result of the election." 16 2. Page 10, by inserting after line 1 the 17 following: 18 "Sec. ___. Section 422B.8, unnumbered paragraph 1, 19 Code 1999, is amended to read as follows: 20 A local sales and services tax at the rate of not 21 more than one percent may be imposed by a county on 22 the gross receipts taxed by the state under chapter 23 422, division IV. A local sales and services tax 24 shall be imposed on the same basis as the state sales 25 and services tax and may not be imposed on the sale of 26 any property or on any service not taxed by the state, 27 except the tax shall not be imposed on the gross 28 receipts from the sale of motor fuel or special fuel 29 as defined in chapter 452A, on the gross receipts from 30 the rental of rooms, apartments, or sleeping quarters 31 which are taxed under chapter 422A during the period 32 the hotel and motel tax is imposed, on the gross 33 receipts from the sale of natural gas or electric 34 energy in a city or county where the gross receipts 35 are subject to a franchise fee or user fee during the 36 period the franchise or user fee is imposed, on the 37 gross receipts from the sale of equipment by the state 38 department of transportation, and on the gross 39 receipts from the sale of a lottery ticket or share in 40 a lottery game conducted pursuant to chapter 99E. A 41 local sales and services tax is applicable to 42 transactions within those incorporated and 43 unincorporated areas of the county where it is imposed 44 and shall be collected by all persons required to 45 collect state gross receipts taxes. However, a person 46 required to collect state retail sales tax under 47 chapter 422, division IV, is not required to collect 48 local sales and services tax on transactions delivered 49 within the area where the local sales and services tax 50 is imposed unless the person has physical presence in Page 2 1 that taxing area. All cities contiguous to each other 2 shall be treated as part of one incorporated area and 3 the tax would be imposed in each of those contiguous 4 cities only if the majority of those voting in the 5 total area covered by the contiguous cities favor its 6 imposition." 7 3. Page 10, by inserting after line 20 the 8 following: 9 "Sec. ___. Section 422B.10, subsection 3, Code 10 1999, is amended by adding the following new 11 paragraph: 12 NEW PARAGRAPH. c. If a subsequent certified 13 census exists which modifies that most recent 14 certified federal census for a participating 15 jurisdiction under paragraphs "a" and "b", the 16 computations under paragraphs "a" and "b" shall 17 utilize the subsequent certified census in the 18 distribution formula under rules established by the 19 director of revenue and finance." 20 4. Page 11, by inserting after line 18 the 21 following: 22 "Sec. ___. Section 422E.2, subsection 4, paragraph 23 b, unnumbered paragraph 1, Code 1999, is amended to 24 read as follows: 25 Within ten days of the election at which a majority 26 of those voting on the question favors the imposition, 27 repeal, or change in the rate of the tax, the county 28boardofsupervisorsauditor shall give written notice 29 by sending a copy of the abstract of ballot from the 30 favorable election to the director of revenue and 31 finance of the result of the election. Election costs 32 shall be apportioned among school districts within the 33 county on a pro rata basis in proportion to the number 34 of registered voters in each school district and the 35 total number of registered voters in all of the school 36 districts within the county. 37 Sec. ___. Section 422E.3, subsection 3, Code 1999, 38 is amended to read as follows: 39 3. The tax is applicable to transactions within 40 the county where it is imposed and shall be collected 41 by all persons required to collect state gross 42 receipts taxes. However, a person required to collect 43 state retail sales tax under chapter 422, division IV, 44 is not required to collect local sales and services 45 tax on transactions delivered within the area where 46 the local sales and services tax is imposed unless the 47 person has physical presence in that taxing area. The 48 amount of the sale, for purposes of determining the 49 amount of the tax, does not include the amount of any 50 state gross receipts taxes or other local option sales Page 3 1 taxes. A tax permit other than the state tax permit 2 required under section 422.53 shall not be required by 3 local authorities." Amendment H?1816 was adopted. Jenkins of Black Hawk 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. 469) The ayes were, 97: Alons Arnold Barry Baudler Bell Blodgett Boal 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 Foege Ford Frevert Garman Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kuhn Larkin Larson Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Gipp, Presiding The nays were, 2: Fallon Kreiman Absent or not voting, 1: Lord The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. ADOPTION OF SENATE CONCURRENT RESOLUTION 11 Carroll of Poweshiek asked and received unanimous consent for the immediate consideration of Senate Concurrent Resolution 11, a concurrent resolution requesting the United States Congress to prevent the federal government from attempting to recoup Medicaid payments from the state tobacco litigation settlement agreement moneys, and to allow the states to keep all settlement moneys, without offset. The following amendment H-1844 filed by Connors of Polk from the floor was adopted by unanimous consent: H-1844 1 Amend Senate Concurrent Resolution 11, as follows: 2 1. Page 4, line 6, by inserting after the word 3 "Legislatures" the following: "and the Council of 4 State Governments". On motion by Carroll of Poweshiek the resolution, as amended, was adopted. SENATE AMENDMENT CONSIDERED Drake of Pottawattamie called up for consideration House File 696, a bill for an act relating to the sale of timber by a county conservation board, amended by the Senate amendment H-1638 as follows: H-1638 1 Amend House File 696, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. Section 137D.9, Code 1999, is amended 6 to read as follows: 7 137D.9 EXEMPTION. 8 This chapter shall not apply to a home food 9 establishment having gross annual sales of prepared 10 food including jams and jellies of one thousand 11 dollars or less, if the person who prepares the food 12 sells or offers to sell the food on or off the 13 premises of the home food establishment and if the 14 food is labeled to identify the name and address of 15 the person preparing the food and the common name of 16 the food, and to state that the food is prepared in a 17 kitchen that is not subject to state inspection, 18 regulation, or licensure. 19 Sec. ___. Section 137F.2, Code 1999, is amended by 20 adding the following new subsection: 21 NEW SUBSECTION. 12. 3-201.16(B) shall be amended 22 to exclude wild morel mushrooms. 23 Sec. ___. Section 137F.2, Code 1999, is amended by 24 adding the following new subsection: 25 NEW SUBSECTION. 13. 3-501.17 shall be amended to 26 provide that paragraphs (C) and (D) shall not apply to 27 aged cheese. 28 Sec. ___. Section 137F.2, Code 1999, is amended by 29 adding the following new subsection: 30 NEW SUBSECTION. 14. 3-603.11 shall be amended so 31 that the rule shall not apply to whole muscle red 32 meats." 33 2. Page 1, by striking lines 5 through 7 and 34 inserting the following: "thousand board feet or 35 more, the board shall conduct a". 36 3. Page 1, by inserting after line 11 the 37 following: 38 "Sec. ___. NEW SECTION. 455B.189 DISCHARGE POINT 39 IDENTIFICATION. 40 The department, pursuant to this division, shall 41 consult with municipalities and industrial national 42 pollution discharge elimination system permit holders 43 regarding public identification of sites where 44 national pollution discharge elimination system 45 permitted discharges occur to state waters." 46 4. Page 1, by inserting after line 11 the 47 following: 48 "Sec. ___. Section 481A.32, unnumbered paragraph 49 1, Code 1999, is amended to read as follows: 50 Whoever shall take, catch, kill, injure, destroy, Page 2 1 have in possession, buy, sell, ship, or transport any 2 frogs, fish, mussels, birds, their nests, eggs, or 3 plumage, fowls, game, or animals or their fur or raw 4 pelt in violation of the provisions of this chapter or 5 of administrative rules of the commission or whoever 6 shall use any device, equipment, seine, trap, net, 7 tackle, firearm, drug, poison, explosive, or other 8 substance or means, the use of which is prohibited by 9 this chapter, or use the same at a time, place, or in 10 a manner or for a purpose prohibited, or do any other 11 act in violation of the provisions of this chapter or 12 of administrative rules of the commission for which no 13 other punishment is provided, is guilty of a simple 14 misdemeanor and shall be assessed a minimum fine of 15tenfifty dollars for each offense. 16 Sec. ___. Section 481A.38, subsection 2, Code 17 1999, is amended to read as follows: 18 2. If the commission finds that the number of 19 hunters licensed or the type of license issued to take 20deerorwild turkey should be limited or further 21 regulated, the commission shall conduct a drawing to 22 determine which applicants shall receive a license and 23 the type of license. Applications for licenses shall 24 be received during a period established by the 25 commission. At the end of the period a drawing shall 26 be conducted.Thecommissionmayestablishrulesto27issuelicensesaftertheestablishedapplication28period.Ifanapplicantreceivesadeerlicensewhich29ismorerestrictivethanlicensesissuedtoothersfor30thesameperiodandplace,theapplicantshallreceive31acertificatewiththelicenseentitlingtheapplicant32topriorityinthedrawingforthelessrestrictive33deerlicensesthefollowingyear.Thecertificate34mustaccompanythatperson'sapplicationthefollowing35year,ortheapplicantwillnotreceivethispriority.36Personspurchasingadeerlicenseforthegunseason37underthissectionandundersection483A.1arenot38eligibleforagundeer-huntinglicenseundersection39483A.24,exceptasauthorizedbyrulesofthe40department.Thissubsectiondoesnotapplytothe41huntingofwildturkeyonahuntingpreservelicensed42underchapter484B.43 Sec. ___. Section 481A.57, Code 1999, is amended 44 to read as follows: 45 481A.57 POSSESSION AND STORAGE. 46 A person having lawful possession of game or fur- 47 bearing animals or their pelts, except deer venison, 48 may hold them for not to exceed thirty days after the 49 close of the open season for such game or furbearers. 50 A person having lawful possession of deer venison Page 3 1 which is taken with a valid deer hunting license, may 2 hold the deer venison from the date of taking until 3 the following September 1. From September 1 until the 4 first day of the next deer open season for which the 5 person holds a valid deer hunting license, the person 6 shall not possess more than twenty-five pounds of deer 7 venison per license. Any person may possess up to 8 twenty-five pounds of deer venison if the deer was 9 obtained from a lawful source. A permit to hold for a 10 longer period may be granted by the department. 11 Sec. ___. Section 481A.130, subsection 1, 12 unnumbered paragraph 1, Code 1999, is amended to read 13 as follows: 14 In addition to the penalties for violations of this 15 chapter and chapters 350, 461A, 481B, and 482, and 16 rules adopted under the specified chapters, a person 17 convicted of unlawfully selling, taking, catching, 18 killing, injuring, destroying, or having in possession 19 any animal, shall reimburse the state for the value of 20 such as follows: 21 Sec. ___. Section 483A.7, subsection 3, Code 1999, 22 is amended to read as follows: 23 3. A nonresident wild turkey hunter is required to 24 have only a nonresident wild turkey hunting license 25 and pay the wildlife habitat fee.Thecommission26shallannuallylimittotwothousandlicensesthe27numberofnonresidentsallowedtohavewildturkey28huntinglicenses.Upon application with proof of 29 ownership of land in this state and payment of the 30 applicable fees, the department shall issue a 31 nonresident wild turkey license to the applicant to 32 hunt on the applicant's land. The number of 33 nonresident wild turkey hunting licenses shall be 34 determined as provided in section 481A.38. The 35 commission shall allocate the nonresident wild turkey 36 hunting licenses issued among the zones based on the 37 populations of wild turkey. A nonresident applying 38 for a wild turkey hunting license must exhibit proof 39 of having successfully completed a hunter safety and 40 ethics education program as provided in section 41 483A.27 or its equivalent as determined by the 42 department before the license is issued. 43 Sec. ___. Section 483A.8, subsection 3, Code 1999, 44 is amended to read as follows: 45 3. A nonresident hunting deer is required to have 46 a nonresident deer license and must pay the wildlife 47 habitat fee.Thecommissionshallannuallylimitto48seventhousandfivehundredlicensesthenumberof49nonresidentsallowedtohavedeerhuntinglicenses.50OfthefirstsixthousandnonresidentdeerlicensesPage 4 1issued,notmorethanthirty-fivepercentofthe2licensesshallbebowseasonlicensesand,afterthe3firstsixthousandnonresidentdeerlicenseshavebeen4issued,alladditionallicensesshallbeissuedfor5antlerlessdeeronly.Upon application with proof of 6 ownership of land in this state and payment of the 7 applicable fees, the department shall issue a 8 nonresident deer hunting license to the applicant to 9 hunt on the applicant's land. The number of 10 nonresident deer hunting licenses shall be determined 11 as provided in section 481A.38. The commission shall 12 allocate the nonresident deer hunting licenses issued 13 among the zones based on the populations of deer. 14 However, a nonresident applicant may request one or 15 more hunting zones, in order of preference, in which 16 the applicant wishes to hunt. If the request cannot 17 be fulfilled, the applicable fees shall be returned to 18 the applicant. A nonresident applying for a deer 19 hunting license must exhibit proof of having 20 successfully completed a hunter safety and ethics 21 education program as provided in section 483A.27 or 22 its equivalent as determined by the department before 23 the license is issued. 24 Sec. ___. Section 484B.4, subsection 2, paragraph 25 c, Code 1999, is amended by striking the paragraph. 26 Sec. ___. Section 805.8, subsection 5, paragraph 27 e, Code 1999, is amended to read as follows: 28 e. For violations of sections 481A.57, 481A.85, 29 481A.93, 481A.95, 481A.120, 481A.137, 481B.5, 482.3, 30 and 482.9, the scheduled fine is one hundred dollars. 31 Sec. ___. Section 805.8, subsection 5, paragraph 32 g, subparagraph (3), Code 1999, is amended to read as 33 follows: 34 (3) For mussels, frogs, spawn, or fish, the 35 scheduled fine istenfifty dollars. 36 Sec. ___. EFFECTIVE DATE. This Act, being deemed 37 of immediate importance, takes effect upon enactment." 38 5. Title page, by striking lines 1 and 2 and 39 inserting the following: "An Act relating to the 40 protection and regulation of natural resources by 41 exempting certain natural and processed food products 42 from food code regulation, providing for the sale of 43 timber, providing for the issuance and allocation of 44 limited hunting licenses, removing a location 45 requirement for licensed hunting preserves, regulating 46 the possession of deer venison, requiring Iowa 47 national pollutant discharge elimination system permit 48 holders to post signs, providing for other properly 49 related matters, increasing fines for violations of 50 certain natural resource laws, providing a penalty, Page 5 1 and providing an effective date." Drake of Pottawattamie offered the following amendment H?1840, to the Senate amendment H?1638, filed by Drake, et al., and moved its adoption: H-1840 1 Amend the Senate amendment, H-1638, to House File 2 696, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 1, by striking lines 5 through 18 and 5 inserting the following: 6 ""Sec. ___. Section 137F.1, subsection 8, 7 paragraph f, Code 1999, is amended by striking the 8 paragraph and inserting in lieu thereof the following: 9 f. Premises of a residence in which food that is 10 nonpotentially hazardous is sold for consumption off 11 the premises to a consumer customer, if the food is 12 labeled to identify the name and address of the person 13 preparing the food and the common name of the food. 14 Sec. ___. Section 137F.2, subsection 6, Code 1999, 15 is amended to read as follows: 16 6. 3-201.11(B) shall be amended to allow food 17 prepared by a home food establishment licensed under 18 chapter 137Dorbyanoperationspecifiedunder19section137F.1,subsection8,paragraph"f",to be 20 used or offered for sale." 21 2. Page 1, by striking lines 33 through 35. 22 3. Page 1, by striking lines 36 through 45. 23 4. By striking page 3, line 21, through page 4, 24 line 23. 25 5. Page 4, by inserting after line 35 the 26 following: 27 "Sec. ___. Section 137D.9, Code 1999, is 28 repealed." 29 6. Page 4, by striking lines 43 and 44 and 30 inserting the following: "timber, removing a 31 location". 32 7. Page 4, by striking lines 46 through 48 and 33 inserting the following: "the possession of deer 34 venison, providing for other properly". Amendment H?1840 was adopted. On motion by Drake of Pottawattamie the House concurred in the Senate amendment H-1638, as amended. Drake of Pottawattamie moved that the bill, as amended by the Senate, further amended and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 696) The ayes were, 96: Arnold Barry Baudler Bell Blodgett Boal 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 Greiner Grundberg Hahn Hansen 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 Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Gipp, Presiding The nays were, 1: Alons Absent or not voting, 3: Corbett, Spkr. Heaton Larson The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. INTRODUCTION OF BILL House File 780, by committee on ways and means, a bill for an act relating to the appropriation made for the livestock production tax credit. Read first time and placed on the ways and means calendar. IMMEDIATE MESSAGES Speaker pro tempore Rants asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate File 469, Senate Concurrent Resolution 11 and House File 696. 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 27, 1999, concurred in the House amendment to the Senate amendment, and passed the following bill in which the concurrence of the Senate was asked: House File 746, a bill for an act relating to and making appropriations for agriculture and natural resources and providing effective dates. Also: That the Senate has on April 27, 1999, refused to concur in the House amendment to the following bill in which the concurrence of the Senate was asked: Senate File 445, a bill for an act relating to gambling, by imposing a moratorium on the issuance or transfer of certain gambling licenses and on increasing the number of games and machines, authorizing the use of video slot machines, providing for the transfer of collective bargaining agreements, limiting the location of excursion gambling boats and pari-mutuel racetracks, prohibiting the dispensing of cash or credit on certain gambling premises, imposing a scheduled fine for gambling by persons under twenty-one years of age, limiting civil penalties related to violations of legal age for gambling, providing for the disposition of charitable contributions, nullifying certain administrative rules relating to gambling, rescinding the nine-year period of operation for certain licenses, providing a tax rate for gambling receipts at racetrack enclosures, providing for properly related matters, and providing effective dates. MICHAEL E. MARSHALL, Secretary On motion by Speaker pro tempore Rants, the House was recessed at 12:08 p.m., until 1:15 p.m. AFTERNOON SESSION The House reconvened at 1:15 p.m., Speaker Corbett in the chair. ADOPTION OF HOUSE RESOLUTION 21 Speaker pro tempore Rants asked and received unanimous consent for the immediate consideration of House Resolution 21, a resolution congratulating the Des Moines Buccaneers. Cataldo of Polk moved the adoption of House Resolution 21. The motion prevailed and the resolution was adopted. SPECIAL PRESENTATION Cataldo of Polk presented to the House the Head Coach Scott Owens, who briefly addressed the House and introduced the Des Moines Buccaneers. The House rose and expressed its welcome. The House stood at ease at 1:36 p.m., until the fall of the gavel. The House resumed session at 3:50 p.m., Speaker Corbett in the chair. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 27, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 337, a bill for an act relating to the workforce development fund account and fees paid by community colleges and generated by the funding of new jobs training programs. MICHAEL E. MARSHALL, Secretary HOUSE FILE 585 WITHDRAWN Boddicker of Cedar asked and received unanimous consent to withdraw House File 585 from further consideration by the House. ADOPTION OF HOUSE RESOLUTION 18 Siegrist of Pottawattamie called up for consideration House Resolution 18, a resolution congratulating the Wartburg College Wrestling Team. Grundberg of Polk moved the adoption of House Resolution 18. The motion prevailed and the resolution was adopted. SPECIAL PRESENTATION Foege of Linn and Grundberg of Polk presented to the House the Wartburg College Wrestling Team and Coach Jim Miller. The House rose and expressed its welcome. LEAVE OF ABSENCE Leave of absence was granted as follows: Doderer of Johnson, until her return, on request of Osterhaus of Jackson; Ford of Polk on request of Myers of Johnson. Unfinished Business Calendar Senate File 451, a bill for an act relating to the payment of the legal defense costs of indigent persons, expanding the duties of the state public defender, and providing for the appointment and removal of certain state public defender personnel, with report of committee recommending passage, was taken up for consideration. Chapman of Linn 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. 451) The ayes were, 96: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Cormack Davis Dix Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege 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 O'Brien Osterhaus Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 2: Doderer Ford Under the provision of Rule 76, conflict of interest, Kreiman of Davis and Parmenter of Story refrained from voting. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE INSISTS Raecker of Polk called up for consideration Senate File 445, a bill for an act relating to gambling, by imposing a moratorium on the issuance or transfer of certain gambling licenses and on increasing the number of games and machines, authorizing the use of video slot machines, providing for the transfer of collective bargaining agreements, limiting the location of excursion gambling boats and pari-mutuel racetracks, prohibiting the dispensing of cash or credit on certain gambling premises, imposing a scheduled fine for gambling by persons under twenty-one years of age, limiting civil penalties related to violations of legal age for gambling, providing for the disposition of charitable contributions, nullifying certain administrative rules relating to gambling, rescinding the nine-year period of operation for certain licenses, providing a tax rate for gambling receipts at racetrack enclosures, providing for properly related matters, and providing effective dates, and moved that the House insist on its amendment, which motion prevailed. CONFERENCE COMMITTEE APPOINTED (Senate File 445) The Speaker announced the appointment of the conference committee to consider the differences between the House and Senate concerning Senate File 445: Raecker of Polk, Chair; Sukup of Franklin, Martin of Scott, Chiodo of Polk and Weigel of Chickasaw. ADOPTION OF HOUSE CONCURRENT RESOLUTION 24 Martin of Scott called up for consideration House Concurrent Resolution 24, a concurrent resolution encouraging Congress to rescind Health Care Financing Administration rules requiring onerous home health agency reporting, and moved its adoption. The motion prevailed and the resolution was adopted. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 451, 445 and House Concurrent Resolution 24. HOUSE INSISTS 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, and moved that the House insist on its amendment, which motion prevailed. CONFERENCE COMMITTEE APPOINTED (House File 172) The Speaker announced the appointment of the conference committee to consider the differences between the House and Senate concerning House File 172: Boddicker of Cedar, Chair; Larson of Linn, Davis of Wapello, Kreiman of Davis and Foege of Linn. ADOPTION OF HOUSE CONCURRENT RESOLUTION 23 Hahn of Muscatine called up for consideration House Concurrent Resolution 23, a concurrent resolution in support of maintaining the Mississippi River as a major transportation route for various products shipped into and out of the Upper Mississippi region, and moved its adoption. The motion prevailed and the resolution was adopted. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House File 172 and House Concurrent Resolution 23. Unfinished Business Calendar Senate File 150, a bill for an act concerning judicial administration, with report of committee recommending amendment and passage, was taken up for consideration. Jager of Black Hawk offered the following amendment H-1196 filed by the committee on judiciary and moved its adoption: H-1196 1 Amend Senate File 150, as passed by the Senate, as 2 follows: 3 1. Page 2, by inserting after line 25 the 4 following: 5 "Sec. ___. Section 602.1215, subsection 1, Code 6 1999, is amended to read as follows: 7 1. The district judges of each judicial election 8 district shall by majority vote appoint persons to 9 serve as clerks of the district court, one for each 10 county within the judicial election district.A11persondoesnotqualifyforappointmenttotheoffice12ofclerkofthedistrictcourtunlessthepersonisat13thetimeofapplicationaresidentofthestate.14 Within three months of appointment the clerk of the 15 district court must establish residence and physically 16 reside in the county. A clerk of the district court 17 may be removed from office for cause by a majority 18 vote of the district judges of the judicial election 19 district. Before removal, the clerk of the district 20 court shall be notified of the cause for removal." 21 2. By renumbering as necessary. The committee amendment H-1196 was adopted. Jager of Black Hawk 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. 150) The ayes were, 98: Alons Arnold Barry Baudler Bell Blodgett Boal 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 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 Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 2: Ford Frevert The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. ADOPTION OF HOUSE RESOLUTION 15 Davis of Wapello called up for consideration House Resolution 15, a resolution congratulating the Indian Hills Men's Basketball Team, and moved its adoption. The motion prevailed and the resolution was adopted. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 150 be immediately messaged to the Senate. The House stood at ease at 5:03 p.m., until the fall of the gavel. The House resumed session at 5:58 p.m., Speaker Corbett in the chair. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 27, 1999, concurred in the House amendment to the Senate amendment, and passed the following bill in which the concurrence of the Senate was asked: House File 476, a bill for an act relating to the exercise of the power of eminent domain and to condemnation proceedings and providing for the Act's applicability. Also: That the Senate has on April 27, 1999, refused to concur in the House amendment to the Senate amendment to the following bill in which the concurrence of the Senate was asked: House File 696, a bill for an act relating to the sale of timber by a county conservation board. Also: That the Senate has on April 27, 1999, refused to concur in the House amendment to the following bill in which the concurrence of the Senate was asked: Senate File 137, a bill for an act relating to funding for the arts by providing an Iowa individual income tax checkoff for the arts, making an appropriation, and providing a retroactive applicability date. Also: That the Senate has on April 27, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 221, a bill for an act relating to welfare reform provisions involving the family investment program and individual development accounts. Also: That the Senate has on April 27, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 406, a bill for an act relating to entities and subject matter under the regulatory authority of the insurance division, including securities, business opportunities, cemetery merchandise and residential service contracts, providing for fees, and establishing penalties. MICHAEL E. MARSHALL, Secretary Unfinished Business Calendar House File 730, a bill for an act relating to the Iowa community empowerment Act and related provisions, and providing an effective date, was taken up for consideration. Houser of Pottawattamie offered the following amendment H?1827 filed by him and Foege of Linn and moved its adoption: H-1827 1 Amend House File 730 as follows: 2 1. Page 3, by striking lines 22 through 30 and 3 inserting the following: 4 "The Iowa board shall designate a community 5 empowerment assistance team or teams of state agency 6 staff to provide technical assistance and other 7 support to community empowerment areas. A technical 8 assistance system shall be developed using local staff 9 of the state agencies represented on the Iowa board 10 and other state agencies and individuals involved with 11 local community empowerment areas. The technical 12 assistance shall be available in at least three levels 13 of support as follows:" 14 2. Page 4, line 15, by striking the word 15 "regional". 16 3. Page 5, by striking lines 15 through 35 and 17 inserting the following: 18 "d. The Iowa empowerment board shall regularly 19 make information available identifying community 20 empowerment funding and funding distributed through 21 the funding streams listed under this paragraph "d" to 22 communities. It is the intent of the general assembly 23 that the community empowerment area boards and the 24 administrators of the programs located within the 25 community empowerment areas that are supported by the 26 listed funding streams shall fully cooperate with one 27 another on or before the indicated fiscal years, in 28 order to avoid duplication, enhance efforts, combine 29 planning, and take other steps to best utilize the 30 funding to meet the needs of the families in the 31 areas. The community empowerment area boards and the 32 administrators shall annually report to the governor 33 and the general assembly concerning such efforts. The 34 funding streams shall include all of the following: 35 (1) Moneys for the healthy families Iowa program 36 under section 135.106 by the fiscal year beginning 37 July 1, 2000, and ending June 30, 2001. 38 (2) Moneys for parent education appropriated in 39 section 279.51 and distributed through the child 40 development coordinating council, by the fiscal year 41 beginning July 1, 2000, and ending June 30, 2001. 42 (3) Moneys for the preschool children at-risk 43 program appropriated in section 279.51 and distributed 44 through the child development coordinating council, by 45 the fiscal year beginning July 1, 2001, and ending 46 June 30, 2002. 47 (4) Moneys for home visitation and parent support 48 annually appropriated to the department of human 49 services and distributed or expended through child 50 abuse prevention grants and the family preservation Page 2 1 program, by the fiscal year beginning July 1, 2000, 2 and ending June 30, 2001." 3 4. Page 8, line 32, by striking the figure "2000" 4 and inserting the following: "2001". 5 5. Page 9, line 3, by striking the figure "2000" 6 and inserting the following: "2001". 7 6. Page 9, by inserting after line 3 the 8 following: 9 "3. School ready children grants awarded for 10 applications submitted on or after the effective date 11 of this Act for an initial award in the fiscal year 12 beginning July 1, 1999, shall be designed to achieve 13 the desired results identified in section 7I.1A, as 14 enacted by this Act, with a primary focus of 15 supporting newborns, infants, and very young children 16 and their parents and other family members." 17 7. By renumbering as necessary. Amendment H?1827 was adopted. SENATE FILE 439 SUBSTITUTED FOR HOUSE FILE 730 Houser of Pottawattamie asked and received unanimous consent to substitute Senate File 439 for House File 730. Senate File 439, a bill for an act relating to the Iowa community empowerment Act and related provisions, and providing an effective date, was taken up for consideration. Foege of Linn offered the following amendment H?1851 filed by Foege, Houser of Pottawattamie and Grundberg of Polk from the floor and moved its adoption: H-1851 1 Amend Senate File 439, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 3, by striking lines 22 and 23 and 4 inserting the following: 5 "TheIowaboardshalldesignateaA community 6 empowerment assistance team or teams of state agency 7staffrepresentatives shall be designated to provide". 8 2. Page 3, line 26, by striking the word "staff" 9 and inserting the following: "representatives". 10 3. Page 4, by inserting after line 23 the 11 following: 12 "Sec. ___. Section 7I.3, subsection 9, Code 1999, 13 is amended by adding the following new paragraph: 14 NEW PARAGRAPH. c. Core functions for home 15 visitation, parent support, and preschool services 16 provided under a school ready children grant." 17 4. Page 4, line 35, by inserting after the word 18 "cost." the following: "Moneys expended by a 19 community empowerment area board to acquire necessary 20 insurance or other liability coverage shall be 21 considered an administrative cost and implementation 22 expense." 23 5. Page 5, by striking lines 31 and 32 and 24 inserting the following: "boards and the 25 administrators shall annually submit a report 26 concerning such efforts to the community empowerment 27 office. If a community empowerment area is receiving 28 a school ready children grant, this report shall be an 29 addendum to the annual report required under section 30 7I.7. The state community empowerment facilitator 31 shall compile and summarize the reports which shall be 32 submitted to the governor, general assembly, and Iowa 33 board." 34 6. Page 6, by striking lines 20 through 25 and 35 inserting the following: "board. A majority of the 36 members of a community board shall be elected 37 officials and members of the public who are not 38 employed by a provider of services to or for the 39 community board. At least one". 40 7. Page 6, line 28, by striking the words "three 41 years" and inserting the following: "not more than 42 three years and the terms shall be staggered". 43 8. Page 8, by inserting after line 11 the 44 following: 45 "Sec. ___. Section 7I.8, subsection 3, Code 1999, 46 is amended to read as follows: 47 3. An early childhood programs grant account is 48 created in the Iowa empowerment fund under the 49 authority of the director of human services. Moneys 50 credited to the account shall be distributed by the Page 2 1 department of human services in the form of grants to 2 community empowerment areas pursuant to criteria 3 established by the Iowa board in accordance with law. 4 The criteria shall include but are not limited to a 5 requirement that a community empowerment area must be 6eligibletoreceiveaschoolreadychildrengrant7 designated by the Iowa board in accordance with 8 section 7I.4, in order to be eligible to receive an 9 early childhood programs grant." 10 9. Page 8, line 14, by striking the word "Unless" 11 and inserting the following: "Beginning July 1, 1999, 12 unless". 13 10. Page 8, line 16, by inserting before the word 14 "moneys" the following: "school ready children 15 grant". 16 11. Page 8, by inserting after line 26 the 17 following: 18 "Sec. 100. 1999 Iowa Acts, House File 760, section 19 2, subsection 1, paragraphs a and b, if enacted, are 20 amended to read as follows: 21 a. The area must beapproveddesignated as a 22 community empowerment area by the Iowa empowerment 23 board in accordance with section 7I.4. 24 b. The maximum funding amount a designated 25 community empowerment area is eligible to receive 26 shall be determined by applying the area's percentage 27 of the state's average monthly family investment 28 program population in the preceding fiscal year to the 29 total amount appropriated in this section for fiscal 30 year 1999-2000. Ifthea community empowerment 31 board's request forfundingofficial designation is 32 received by the Iowa empowerment board on or after 33AugustSeptember 1, 1999, upon designation, the 34 maximum funding amount shall be prorated for the 35 fiscal year and rounded up to the nearest full month. 36 The department of human services may adopt emergency 37 rules to implement the provisions of this paragraph 38 and the amendment in 1999 Iowa Acts, Senate File 439, 39 to section 7I.8, subsection 3, if enacted." 40 12. Page 9, line 17, by inserting after the 41 figure "2001" the following: ", and the duration of 42 such grants and of grants initially awarded prior to 43 the effective date of this Act shall be adjusted to 44 annualize the distribution of funding to grantees as 45 follows: 46 a. For the fiscal year beginning July 1, 1999, the 47 duration of the second year of school ready children 48 grants that were initially funded in the previous 49 fiscal year shall be shortened to end on June 30, 50 2000, and the amount of the grant paid out in the Page 3 1 fiscal year beginning July 1, 1999, shall be prorated 2 accordingly. However, in the fiscal year beginning 3 July 1, 1999, the three school ready children grant 4 applications submitted in the December 1998 grant 5 cycle which were recognized by the Iowa empowerment 6 board for showing a high degree of readiness, received 7 community empowerment area designation, and received 8 partial funding in the fiscal year beginning July 1, 9 1998, shall each receive during the fiscal year 10 beginning July 1, 1999, the annual amount applied for 11 as adjusted by subtracting half of the amount of the 12 partial funding received in the previous fiscal year. 13 For those three grantees this adjusted amount shall 14 apply to the entire 1999-2000 fiscal year and shall be 15 considered to be the second year of grant funding. 16 All grantees described in this lettered paragraph 17 shall be eligible to receive the full annual amount 18 applied for and approved, in the fiscal year beginning 19 July 1, 2000. 20 b. The total amount that may be distributed in the 21 fiscal year beginning July 1, 1999, to designated 22 community empowerment areas for new school ready 23 children grants initially awarded in that fiscal year 24 shall not exceed $3,750,000, the first-year funding 25 period for those grants in that fiscal year shall 26 commence October 1, 1999, and end June 30, 2000, and 27 the annual amount applied for and approved shall be 28 prorated accordingly. Those grantees shall be 29 eligible to receive the full annual amount applied for 30 and approved, in the fiscal year beginning July 1, 31 2000. 32 c. Of the funding appropriated for school ready 33 children grants for the fiscal year beginning July 1, 34 1999, not more than $200,000 is allocated for the 35 community empowerment office and other technical 36 assistance activities." 37 13. Page 9, by striking lines 18 through 24 and 38 inserting the following: 39 "3. The deadline for applications for school ready 40 children grants in the fiscal year beginning July 1, 41 1999, shall be August 31, 1999, with grant awards to 42 be made on October 1, 1999. 43 4. The percentage of school ready children grant 44 funding committed to home visitation and parent 45 support services that is designed for families with 46 newborns and infants by the designated community 47 empowerment areas awarded grants in the fiscal year 48 beginning July 1, 1998, is approximately 60 percent. 49 For the fiscal year beginning July 1, 1999, based upon 50 the need identified in the community needs assessment Page 4 1 performed by an applicant community empowerment area, 2 the applicant community empowerment area shall strive 3 to commit an equivalent percentage of any approved 4 school ready children grant funding to such services. 5 5. If unobligated school ready children grant 6 funding can be identified by the Iowa empowerment 7 board for the fiscal year beginning July 1, 1999, the 8 board may authorize a school ready children grant 9 supplement for partial assistance to those designated 10 community empowerment areas for which the costs of 11 necessary insurance or other liability coverage 12 consumes a majority or other substantial portion of 13 such areas' school ready children and early childhood 14 grant moneys that may be used for administrative and 15 other implementation expenses. The Iowa empowerment 16 board shall determine procedures and other 17 requirements to ensure the need for the assistance and 18 to contain the total supplementation within the amount 19 identified." 20 14. Page 9, by striking lines 31 and 32 and 21 inserting the following: 22 "1. Except for the provisions of this Act listed 23 in this subsection, this Act, being deemed of 24 immediate importance, takes effect upon enactment. 25 The following provisions of this Act take effect July 26 1, 1999: 27 a. Section 6, amending section 7I.2, subsection 6. 28 b. Section 12, amending section 7I.7, subsection 29 5. 30 c. Section 13, enacting 7I.8, subsection 4. 31 d. Section 100, amending 1999 Iowa Acts, House 32 File 760, section 2." 33 15. Page 10, by inserting after line 5 the 34 following: 35 "3. The Iowa empowerment board shall obtain 36 extensive community input and involvement in adopting 37 the administrative rules to implement the provisions 38 of section 7I.3, subsection 9, paragraph "c", as 39 enacted by this Act, to be applicable to grants 40 initially awarded or renewed on or after the effective 41 date of this Act. The Iowa empowerment board may 42 adopt emergency rules under section 17A.4, subsection 43 2, and section 17A.5, subsection 2, paragraph "b", to 44 implement the provisions of section 7I.3, subsection 45 9, paragraph "c", as enacted by this Act, on or before 46 August 31, 1999, and the rules shall be effective 47 immediately upon filing unless the effective date is 48 delayed by the administrative rules review committee, 49 notwithstanding section 17A.4, subsection 5, and 50 section 17A.8, subsection 9, or a later date is Page 5 1 specified in the rules. Any rules adopted in 2 accordance with this subsection shall not take effect 3 before the rules are reviewed by the administrative 4 rules review committee. Any rules adopted in 5 accordance with this subsection shall also be 6 published as a notice of intended action as provided 7 in section 17A.4. 8 4. The advisory council of representatives from 9 community empowerment areas shall be used by the Iowa 10 empowerment board to revise the application and the 11 application process for school ready children grants 12 for the grant cycle immediately following the 13 effective date of this Act." 14 16. Title page, line 2, by striking the words "an 15 effective date" and inserting the following: 16 "effective dates". 17 17. By renumbering as necessary. Amendment H?1851 was adopted. Houser 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. 439) The ayes were, 92: Alons Arnold Barry Bell Blodgett Boal 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 Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kuhn Larkin Larson Lord Martin May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 5: Frevert Kreiman Mascher Warnstadt Weigel Absent or not voting, 3: Baudler Ford Horbach The bill having received a constitutional majority was declared to have passed the House and the title, as amended, and was agreed to. HOUSE FILE 730 WITHDRAWN Houser of Pottawattamie asked and received unanimous consent to withdraw House File 730 from further consideration by the House. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 439 be immediately messaged to the Senate. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has, on April 27, 1999, appointed the conference committee to House File 172, a bill for an act relating to adoption procedural requirements including those related to investigations, reports, and counseling, and the members of the Senate are: The Senator from Shelby, Senator Boettger, Chair; the Senator from Polk, Senator Lamberti; the Senator from Jefferson, Senator Miller; the Senator from Polk, Senator McCoy; the Senator from Story, Senator Hammond. Also: That the Senate has on April 27, 1999, amended and passed the following bill in which the concurrence of the House is asked: House File 714, a bill for an act relating to alternative forms of identification to be attached to a petition in an action for seeking a name change. Also: That the Senate has on April 27, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 757, a bill for an act relating to the payment and allocation of the real estate transfer tax. Also: That the Senate has on April 27, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 770, a bill for an act relating to the treatment of manufactured housing under the state sales and use taxes and the requirements for the issuance of a certificate of title. Also: That the Senate has, on April 27, 1999, appointed the conference committee to Senate File 445, a bill for an act relating to gambling, by imposing a moratorium on the issuance or transfer of certain gambling licenses and on increasing the number of games and machines, authorizing the use of video slot machines, providing for the transfer of collective bargaining agreements, limiting the location of excursion gambling boats and pari-mutuel racetracks, prohibiting the dispensing of cash or credit on certain gambling premises, imposing a scheduled fine for gambling by persons under twenty-one years of age, limiting civil penalties related to violations of legal age for gambling, providing for the disposition of charitable contributions, nullifying certain administrative rules relating to gambling, rescinding the nine-year period of operation for certain licenses, providing a tax rate for gambling receipts at racetrack enclosures, providing for properly related matters, and providing effective dates, and the members of the Senate are: The Senator from Linn, Senator Lundby, Chair; the Senator from Polk, Senator Kramer; the Senator from Jones, Senator McKean; the Senator from Pottawattamie, Senator Gronstal; the Senator from Dubuque, Senator Connolly. Also: That the Senate has on April 27, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 472, a bill for an act relating to a sales and use tax exemption for the providing of personal emergency response system services. Also: That the Senate has on April 27, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 477, a bill for an act relating to the appropriation made for the livestock production tax credit. Also: That the Senate has on April 27, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 478, a bill for an act relating to the state sales and use tax exemption of sales and rentals of property used for or in aquacultural production, and including an effective date and retroactive applicability provision. MICHAEL E. MARSHALL, Secretary COMMITTEE RECOMMENDATION MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendation has been received and is on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON WAYS AND MEANS Senate File 459, a bill for an act relating to state school aid for budget years commencing with the budget year beginning July 1, 1999, and making appropriations and including effective and applicability date provisions. Fiscal Note is required. Recommended Amend and Do Pass with amendment H-1843 April 26, 1999. RULES SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent for the immediate consideration of Senate File 459. Ways and Means Calendar Senate File 459, a bill for an act relating to state school aid for budget years commencing with the budget year beginning July 1, 1999, and making appropriations and including effective and applicability date provisions, with report of committee recommending amendment and passage, was taken up for consideration. Carroll of Poweshiek in the chair at 7:03 p.m. Houser of Pottawattamie offered amendment H-1843 filed by the committee on ways and means from the floor, as follows: H-1843 1 Amend Senate File 459, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. By striking everything after the enacting 4 clause and inserting the following: 5 "Section 1. Section 257.1, subsection 2, 6 unnumbered paragraph 2, Code 1999, is amended to read 7 as follows: 8 For the budget year commencing July 1,19961999, 9 and for each succeeding budget year the regular 10 program foundation base per pupil iseighty-sevenand11five-tenthseighty-eight percent of the regular 12 program state cost per pupil,exceptthattheregular13programfoundationbaseperpupilfortheportionof14weightedenrollmentthatisadditionalenrollment15becauseofspecialeducationisseventy-ninepercent16oftheregularprogramstatecostperpupil. For the 17 budget year commencing July 1,19911999, and for each 18 succeeding budget year the special education support 19 services foundation base isseventy-nineeighty-eight 20 percent of the special education support services 21 state cost per pupil. The combined foundation base is 22 the sum of the regular program foundation base and the 23 special education support services foundation base. 24 Sec. 2. APPLICABILITY DATE. This Act, being 25 deemed of immediate importance, takes effect upon 26 enactment for the computation of state school aid for 27 school budget years beginning on or after July 1, 28 1999." 29 2. Title page, by striking lines 1 through 4 and 30 inserting the following: "An Act increasing the state 31 foundation base for purposes of the state school aid 32 funding formula and including effective and 33 applicability date provisions." Richardson of Warren offered amendment H?1846, to the committee amendment H?1843, filed by him from the floor as follows: H-1846 1 Amend the amendment, H-1843, to Senate File 459, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by inserting after line 23 the 5 following: 6 "Sec. ___. ALTERNATIVE HIGH SCHOOL PROGRAM 7 SUPPLEMENTARY WEIGHTING. A school district which 8 received funding for supplementary weighting for an 9 alternative high school program offered by a community 10 college for the school budget year beginning July 1, 11 1999, shall continue to receive funding for 12 supplementary weighting for an alternative high school 13 program for the school budget year beginning July 1, 14 2000. A school district which did not receive funding 15 for supplementary weighting for an alternative high 16 school program offered by a community college for the 17 school budget year beginning July 1, 1999, shall not 18 be eligible to receive funding for supplementary 19 weighting for an alternative high school program for 20 the school budget year beginning July 1, 2000." 21 2. Page 1, by striking lines 29 through 33 and 22 inserting the following: 23 " ___. Title page, lines 2 and 3, by striking the 24 following: "and making appropriations"." 25 3 By renumbering as necessary. Brunkhorst of Bremer rose on a point of order that amendment H-1846 was not germane. The Speaker ruled the point well taken and amendment H-1846, not germane. Richardson of Warren asked for unanimous consent to suspend the rules to consider amendment H-1846. Objection was raised. Richardson of Warren moved to suspend the rules to consider amendment H-1846. Roll call was requested by Schrader of Marion and Brunkhorst of Bremer. On the question "Shall the rules be suspended to consider amendment H-1846?" (S.F. 459) The ayes were, 44: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Frevert Hansen Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 53: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Corbett, Spkr. Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Grundberg Hahn Heaton Hoffman Holmes Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Carroll, Presiding Absent or not voting, 3: Ford Horbach Teig The motion to suspend the rules lost. Rants of Woodbury offered the following amendment H?1852, to the committee amendment H?1843, filed by him from the floor and moved its adoption: H-1852 1 Amend the amendment, H-1843, to Senate File 459, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by inserting after line 23 the 5 following: 6 "Sec. ___. Section 257.8, Code 1999, is amended by 7 adding the following new subsections: 8 NEW SUBSECTION. 2A. Notwithstanding the 9 calculation in subsection 2, the department of 10 management shall calculate the regular program 11 allowable growth for the budget year beginning July 1, 12 1999, for a school district which has requested and 13 received approval to fund a gifted and talented 14 program pursuant to section 257.46, Code 1999, for the 15 budget year beginning July 1, 1999, by multiplying the 16 state percent of growth for the budget year by the 17 regular program state cost per pupil for the base 18 year, and add to the resulting product thirty-eight 19 dollars. For purposes of determining the amount of a 20 budget adjustment as defined in section 257.14, for a 21 school district which calculated allowable growth for 22 the budget year beginning July 1, 1999, pursuant to 23 this subsection, thirty-eight dollars shall be 24 subtracted from the school district's regular program 25 cost per pupil for the budget year beginning July 1, 26 1999, prior to determining the amount of the 27 adjustment. 28 NEW SUBSECTION. 2B. a. A school district which 29 has not requested and received approval to fund a 30 gifted and talented program pursuant to section 31 257.46, Code 1999, for the budget year beginning July 32 1, 1999, shall calculate the regular program allowable 33 growth for the budget year beginning July 1, 1999, 34 pursuant to subsection 2. 35 b. The board of directors of a school district 36 which has not requested and received approval to fund 37 a gifted and talented program pursuant to section 38 257.46, Code 1999, for the budget year beginning July 39 1, 1999, but seeks funding for such a program under 40 subsection 2A for the budget year beginning July 1, 41 2000, may adopt a resolution requesting such funding 42 and submit the resolution and a proposed gifted and 43 talented program plan and budget to the department of 44 education by October 1, 1999. The department shall 45 review the request and, if it approves the request for 46 funding, the department shall forward the approved 47 request to the department of management. 48 c. A school district determining allowable growth 49 pursuant to section 257.8, subsection 2, may apply to 50 the school budget review committee for modified Page 2 1 allowable growth pursuant to section 257.31, 2 subsection 5, for the school budget year beginning 3 July 1, 1999, and succeeding budget years. 4 NEW SUBSECTION. 2C. a. A school district which 5 calculated allowable growth for the budget year 6 beginning July 1, 1999, pursuant to the provisions of 7 subsection 2A, shall calculate allowable growth 8 pursuant to the provisions of subsection 2 for the 9 school budget year beginning July 1, 2000, and 10 succeeding budget years, utilizing a regular program 11 state cost per pupil figure which incorporates the 12 thirty-eight dollar increase in regular program 13 allowable growth calculated for the budget year 14 beginning July 1, 1999. 15 b. A school district which calculated allowable 16 growth for the budget year beginning July 1, 1999, 17 pursuant to the provisions of subsection 2B, shall 18 calculate allowable growth pursuant to the provisions 19 of subsection 2 for the school budget year beginning 20 July 1, 2000, and succeeding budget years, utilizing a 21 regular program state cost per pupil figure which does 22 not incorporate the thirty-eight dollar increase in 23 regular program allowable growth calculated for the 24 budget year beginning July 1, 1999. However, if such 25 school district receives approval for additional 26 funding from the department for the gifted and 27 talented program for the budget year beginning July 1, 28 2000, under subsection 2B, paragraph "b", the school 29 district shall receive allowable growth for the budget 30 year beginning July 1, 2000, and subsequent budget 31 years in the manner provided for school districts 32 under paragraph "a" of this subsection. 33 NEW SUBSECTION. 4. For budget years beginning 34 July 1, 2000, and subsequent budget years, references 35 to the terms "allowable growth", "regular program 36 state cost per pupil", and "regular program district 37 cost per pupil" shall mean those terms as calculated 38 for those school districts that calculated or did not 39 calculate regular program allowable growth for the 40 school budget year beginning July 1, 1999, with the 41 additional thirty-eight dollars, as applicable. 42 Sec. ___. Section 257.10, subsection 5, Code 1999, 43 is amended to read as follows: 44 5. COMBINED DISTRICT COST PER PUPIL. The combined 45 district cost per pupil for a school district is the 46 sum of the regular program district cost per pupil and 47 the special education support services district cost 48 per pupil. Combined district cost per pupil does not 49 include additional allowable growth added for school 50 districts that have a negative balance of funds raised Page 3 1 for special education instruction programs, additional 2 allowable growth granted by the school budget review 3 committee for a single school year, or additional 4 allowable growth added for programs for dropout 5 preventionandforprogramsforgiftedandtalented6children. 7 Sec. ___. Section 257.42, unnumbered paragraphs 1, 8 4, and 5, Code 1999, are amended to read as follows: 9 Boards of school districts, individually or jointly 10 with the boards of other school districts,requesting11touseadditionalallowablegrowthforgiftedand12talentedchildrenprograms,mayshall annually submit 13 program plans for gifted and talented children 14 programs and budget costs,includingrequestsfor15additionalallowablegrowthforfundingtheprograms,16 to the department of education and to the applicable 17 gifted and talented children advisory council, if an 18 advisory council has been established, as provided in 19 this chapter. 20 The department of education shall adopt rules under 21 chapter 17A relating to the administration of sections 22 257.42 through 257.49. The rules shall prescribe the 23 format of program plans submitted under section 257.43 24 and shall require that programs fulfill specified 25 objectives. The department shall encourage and assist 26 school districts to provide programs for gifted and 27 talented childrenwhetherornotadditionalallowable28growthisrequestedunderthischapter. 29 The department may request that the staff of the 30 auditor of state conduct an independent program audit 31 to verify that the gifted and talented programsfunded32byadditionalallowablegrowthconform to a district's 33 program plans. 34 Sec. ___. Section 257.43, Code 1999, is amended to 35 read as follows: 36 257.43 PROGRAM PLANS. 37 The program plans submitted by school districts 38 shall be part of the school improvement plan submitted 39 pursuant to section 256.7, subsection 21, paragraph 40 "a", and shall include all of the following: 41 1. Program goals, objectives, and activities to 42 meet the needs of gifted and talented children. 43 2. Student identification criteria and procedures. 44 3. Staff in-service education design. 45 4. Staff utilization plans. 46 5. Evaluation criteria and procedures and 47 performance measures. 48 6. Program budget. 49 7. Qualifications required of personnel 50 administering the program. Page 4 1 8. Other factors the department requires. 2 Sec. ___. Section 257.45, subsection 1, Code 1999, 3 is amended to read as follows: 4 1. The board of directors of a school district 5requestingtouseadditionalallowablegrowthfor6giftedandtalentedchildrenprogramsshall submit 7 applications for approval for the programs to the 8 department not later than November 1 preceding the 9 fiscal year during which the program will be offered. 10 The board shall also submit a copy of the program 11 plans to the gifted and talented children advisory 12 council, if an advisory council has been established. 13 The department shall review the program plans and 14 shall prior to January 15 either grant approval for 15 the program or return the request for approval with 16 comments of the department included. Any unapproved 17 request for a program may be resubmitted with 18 modifications to the department not later than a date 19 established by the department. Not later than 20 February 15 the department shall notify the department 21 of management and the school budget review committee 22 of the names of the school districts for which gifted 23 and talented children programsusingadditional24allowablegrowthforfundinghave been approved and 25 the approved budget of each program listed separately 26 for each school district having an approved program. 27 Sec. ___. Section 257.46, Code 1999, is amended to 28 read as follows: 29 257.46 FUNDING. 30 1. The budget of an approved gifted and talented 31 children program for a school district, after 32 subtracting funds received from other sources for that 33 purpose, shall be funded annually on a basis of one- 34 fourth or more from the district cost of the school 35 districtanduptothree-fourthsbyanincreasein36allowablegrowthasdefinedinsection257.8.The37approvedbudgetforagiftedandtalentedchildren38programshallnotexceedanamountequaltooneand39twenty-four-hundredthspercentofthedistrictcost40perpupilofthedistrictforthebaseyearmultiplied41bythebudgetenrollmentofthedistrictforthe42budgetyear.Annually,thedepartmentofmanagement43shallestablishamodifiedallowablegrowthforeach44suchdistrictequaltothedifferencebetweenthe45approvedbudgetforthegiftedandtalentedchildren46programforthatdistrictandthesumoftheamount47fundedfromthedistrictcostoftheschooldistrict48plusfundsreceivedfromothersources.49 2. The remaining portion of the budget shall be 50 funded by the thirty-eight dollar increase in Page 5 1 allowable growth for the school budget year beginning 2 July 1, 1999, increased by the growth of the regular 3 program district cost each year, or by modified 4 allowable growth received from the school budget 5 review committee, pursuant to the applicable 6 provisions of section 257.8. School districts shall 7 annually report the amount expended for a gifted and 8 talented program to the department of education. The 9 proportion of a school district's budget which 10 corresponds to the thirty-eight dollar increase in 11 allowable growth for the school budget year beginning 12 July 1, 1999, if applicable, or the modified allowable 13 growth, added to the amount in subsection 1, shall be 14 utilized exclusively for a school district's talented 15 and gifted program. 16 3. If any portion of the gifted and talented 17 program budget remains unexpended at the end of the 18 budget year,thepartofthe remainderequaltothe19proportionoftheoriginalbudgetwhichwasfundedby20anincreaseinallowablegrowth,asdefinedinsection21257.8,shall be carried over to the subsequent budget 22 year and added to the gifted and talented program 23 budget for that year. 24 Sec. ___. 1989 Iowa Acts, chapter 135, section 25 135, is repealed effective July 1, 1999. Legislative 26 review of the provisions of chapter 257 shall occur 27 every five years, with the first such review to begin 28 no later than July 1, 2004." 29 2. Page 1, by striking lines 29 through 33 and 30 inserting the following: 31 " ___. Title page, lines 2 and 3, by striking the 32 words "and making appropriations" and inserting the 33 following: "including increasing the state foundation 34 base and increasing allowable growth for purposes of 35 funding programs for gifted and talented children,". Amendment H?1852 was adopted. On motion by Houser of Pottawattamie the committee amendment H-1843, as amended, was adopted. Houser 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. 459) The ayes were, 97: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Frevert Garman Gipp Greiner Hahn Hansen Heaton Hoffman Holmes Holveck Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, none. Absent or not voting, 3: Ford Grundberg Horbach The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 459 be immediately messaged to the Senate. SENATE MESSAGES CONSIDERED Senate File 472, by committee on ways and means, a bill for an act relating to a sales and use tax exemption for the providing of personal emergency response system services. Read first time and referred to committee on ways and means. Senate File 477, by committee on ways and means, a bill for an act relating to the appropriation made for the livestock production tax credit. Read first time and passed on file. Senate File 478, by committee on ways and means, a bill for an act relating to the state sales and use tax exemption of sales and rentals of property used for or in aquacultural production, and including an effective date and retroactive applicability provision. Read first time and referred to committee on ways and means. RULE 57 SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent to suspend Rule 57, relating to committee notice and agenda for a meeting of the committee on appropriations and the committee on ways and means immediately following adjournment. EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on Tuesday morning, April 27, 1999. Had I been present, I would have voted "aye" on House File 688 and Senate File 462. CATALDO of Polk I was necessarily absent from the House chamber on April 27, 1999. Had I been present, I would have voted "aye" on House Files 675, 688 and Senate Files 101 and 462. RICHARDSON of Warren 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 27th day of April, 1999: House Files 165, 210, 412, 636 and 647. 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 27, 1999, he approved and transmitted to the Secretary of State the following bills: House File 100, an act relating to the revocation or suspension of a law enforcement officer's certification. House File 296, an act to restrict the posting of bond for the offense of felony stalking. House File 339, an act extending the deadline for closing agricultural drainage wells and making penalties applicable. House File 375, an act eliminating the requirement that information relating to open-end credit accounts and credit cards be filed with the treasurer of state. House File 442, an act relating to payments from the remedial account of the Iowa comprehensive petroleum underground storage tank fund to governmental subdivisions for costs of corrective actions taken due to certain releases from underground storage tanks and allowing the Iowa comprehensive petroleum under- ground storage tank fund board to seek reimbursement from responsible parties for expenses incurred by governmental subdivisions for costs of corrective actions taken due to certain releases from underground storage tanks. Senate File 146, an act relating to worker and public safety and protection laws administered by the labor services division of Iowa workforce development. Senate File 149, an act establishing a time limit for disallowance or reduction of motor vehicle warranty claims, relating to establishment of motor vehicle service or warranty facilities, and making a penalty applicable. Senate File 424, an act relating to and making transportation and other infra- structure-related appropriations to the state department of transportation, including allocation and use of moneys from the general fund of the state, road use tax fund, and primary road fund, providing for a commercial truck parking study, and providing for the nonreversion of certain moneys and an effective date. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Fifty-four fourth grade students from Northwest Elementary School, Ankeny, accompanied by Jody Turek. By Boal of Polk. Fifteen students from Woodward-Granger High School, accom- panied by Mr. Brobst. By Richardson of Warren and Raecker of Polk. COMMUNICATION RECEIVED The following communication was received and filed in the office of the Chief Clerk: AUDITOR OF STATE The Independent Auditor's Reports, Financial Statements and Supplemental Information Schedule of Findings, pursuant to Chapter 11.28, Code of Iowa. CERTIFICATES OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificates of recognition have been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1999\825 Gertrude and Ferdy Thiese, Garnavillo - For celebrating their 60th wedding anniversary. 1999\826 Jean Fenner, Elgin - For celebrating her 80th birthday. 1999\827 Keli Kolegraff, Milford - For being named to the Des Moines Register's 1999 Academic All-State Team. 1999\828 Gina Kramer, Dubuque - For being named to the Des Moines Register's 1999 Academic All-State Team. 1999\829 Alleen and Jim Gilchrist, Ottumwa - For celebrating their 50th wedding anniversary. 1999\830 Mrs. Charlene Wallace, Dubuque - For celebrating her 100th birthday. 1999\831 Virginia and John Anderson, Ottumwa - For celebrating their 50th wedding anniversary. 1999\832 Kathryn and Donald Hanna, Sibley - For celebrating their 50th wedding anniversary. 1999\833 Elizabeth and Emil Wulf, Larchwood - For celebrating their 60th wedding anniversary. 1999\834 Rosa Lea and Eldon McNamee, Tama - For celebrating their 50th wedding anniversary. SUBCOMMITTEE ASSIGNMENTS Senate File 473 Ways and Means: Jager, Chair; Lord and Shoultz. Senate File 476 Appropriations: Huser, Chair; Millage and Warnstadt. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 265 Appropriations Relating to public expenditure and regulatory matters, making appro- priations, and providing effective dates. H.S.B. 266 Appropriations Relating to the compensation and benefits for public officials and employees, providing for related matters, making appropriations, and including effective and retroactive applicability provisions. 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 458, a bill for an act relating to information required to be placed on property tax statements. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-1842 April 26, 1999. Committee Bill (Formerly House Study Bill 263), relating to the appropriation made for the livestock production tax credit. Fiscal Note is required. Recommended Do Pass April 26, 1999. RESOLUTION FILED SCR 22, by Gronstal, a concurrent resolution designating a week in September 1999 as Iowa Education Week. Laid over under Rule 25. AMENDMENTS FILED H-1842 S.F. 458 Committee on Ways and Means H-1845 H.F. 322 Teig of Hamilton H-1847 S.F. 470 Larkin of Lee Jochum of Dubuque Taylor of Linn Witt of Black Hawk H-1848 H.F. 684 Barry of Harrison Cormack of Webster H-1849 S.F. 458 Myers of Johnson H-1853 H.F. 322 Teig of Hamilton H-1854 H.F. 714 Senate Amendment On motion by Siegrist of Pottawattamie the House adjourned at 7:55 p.m., until 8:45 a.m., Wednesday, April 28, 1999. 1778 JOURNAL OF THE HOUSE 107th Day 107th Day TUESDAY, APRIL 27, 1999 1777
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