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House Journal: Thursday, May 3, 2001

JOURNAL OF THE HOUSE

One Hundred Sixteenth Calendar Day - Eighty-first Session Day

Hall of the House of Representatives
Des Moines, Iowa, Thursday, May 3, 2001

The House met pursuant to adjournment at 9:00 a.m., Carroll of
Poweshiek in the chair.

Prayer was offered by the Honorable Minority Leader of the
House, Richard Myers of Johnson County.

The Journal of Wednesday, May 2, 2001 was approved.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Hoversten of Woodbury on request of Rants of Woodbury.

CONSIDERATION OF BILLS
Appropriations Calendar

House File 746, a bill for an act relating to the compensation and
benefits for public officials and employees, providing for related
matters, and making appropriations, was taken up for consideration.

Falck of Fayette asked and received unanimous consent to
withdraw amendment H-1797 filed by him on April 30, 2001.

Gipp of Winneshiek in the chair at 9:09 a.m.

Falck of Fayette offered amendment H-1888 filed by Murphy of
Dubuque as follows:

H-1888

1 Amend House File 746 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. STATE COURTS - JUSTICES, JUDGES, AND
5 MAGISTRATES.
6 1. The salary rates specified in subsection 2 are

7 for the fiscal year beginning July 1, 2001, effective
8 for the pay period beginning June 22, 2001, and for
9 subsequent fiscal years until otherwise provided by
10 the general assembly. The salaries provided for in
11 this section shall be paid from funds appropriated to
12 the judicial branch from the salary adjustment fund or
13 if the appropriation is not sufficient, from the funds
14 appropriated to the judicial branch pursuant to any
15 Act of the general assembly.
16 2. The following annual salary rates shall be paid
17 to the persons holding the judicial positions
18 indicated during the fiscal year beginning July 1,
19 2001, effective with the pay period beginning June 22,
20 2001, and for subsequent pay periods.
21 a. Chief justice of the supreme court:
22 $ 120,920
23 b. Each justice of the supreme court:
24 $ 116,600
25 c. Chief judge of the court of appeals:
26 $ 116,490
27 d. Each associate judge of the court of appeals:
28 $ 112,170
29 e. Each chief judge of a judicial district:
30 $ 111,140
31 f. Each district judge except the chief judge of a
32 judicial district:
33 $ 106,610
34 g. Each district associate judge:
35 $ 92,910
36 h. Each associate juvenile judge:
37 $ 92,910
38 i. Each associate probate judge:
39 $ 92,910
40 j. Each judicial magistrate:
41 $ 26,990
42 k. Each senior judge:
43 $ 6,180
44 Sec. 2. SALARY RATE LIMITS. Persons receiving the
45 salary rates established under section 1 of this Act
46 shall not receive any additional salary adjustments
47 provided by this Act.
48 Sec. 3. APPOINTED STATE OFFICERS. The governor
49 shall establish a salary for appointed nonelected
50 persons in the executive branch of state government

Page 2

1 holding a position enumerated in section 4 of this Act
2 within the range provided, by considering, among other
3 items, the experience of the individual in the
4 position, changes in the duties of the position, the
5 incumbent's performance of assigned duties, and

6 subordinates' salaries. However, the attorney general
7 shall establish the salary for the consumer advocate,
8 the chief justice of the supreme court shall establish
9 the salary for the state court administrator, the
10 ethics and campaign disclosure board shall establish
11 the salary of the executive director, and the state
12 fair board shall establish the salary of the secretary
13 of the state fair board, each within the salary range
14 provided in section 4 of this Act.
15 The governor, in establishing salaries as provided
16 in section 4 of this Act, shall take into
17 consideration other employee benefits which may be
18 provided for an individual including, but not limited
19 to, housing.
20 A person whose salary is established pursuant to
21 section 4 of this Act and who is a full-time, year-
22 round employee of the state shall not receive any
23 other remuneration from the state or from any other
24 source for the performance of that person's duties
25 unless the additional remuneration is first approved
26 by the governor or authorized by law. However, this
27 provision does not exclude the reimbursement for
28 necessary travel and expenses incurred in the
29 performance of duties or fringe benefits normally
30 provided to employees of the state.
31 Sec. 4. STATE OFFICERS - SALARY RATES AND RANGES.
32 The following annual salary ranges are effective for
33 the positions specified in this section for the fiscal
34 year beginning July 1, 2001, and for subsequent fiscal
35 years until otherwise provided by the general
36 assembly. The governor or other person designated in
37 section 3 of this Act shall determine the salary to be
38 paid to the person indicated at a rate within the
39 salary ranges indicated from funds appropriated by the
40 general assembly for that purpose.
41 1. The following are salary ranges 1 through 5 for
42 the fiscal year beginning July 1, 2001, effective with
43 the pay period beginning June 22, 2001:
44 SALARY RANGES Minimum Maximum
45 a. Range 1 $ 8,800 $29,870
46 b. Range 2 $32,200 $60,255
47 c. Range 3 $44,100 $70,246
48 d. Range 4 $53,100 $80,340
49 e. Range 5 $62,400 $90,434
50 2. The following are range 1 positions: There are

Page 3

1 no range 1 positions for the fiscal year beginning
2 July 1, 2001.
3 3. The following are range 2 positions:
4 administrator of the arts division of the department

5 of cultural affairs, administrators of the division of
6 persons with disabilities, the division on the status
7 of women, the division on the status of African-
8 Americans, the division of deaf services, and the
9 division of Latino affairs of the department of human
10 rights, and administrator of the division of
11 professional licensing and regulation of the
12 department of commerce.
13 4. The following are range 3 positions:
14 administrator of the division of emergency management
15 of the department of public defense, administrator of
16 the division of criminal and juvenile justice planning
17 of the department of human rights, administrator of
18 the division of community action agencies of the
19 department of human rights, executive director of the
20 commission of veterans affairs, and chairperson and
21 members of the employment appeal board of the
22 department of inspections and appeals.
23 5. The following are range 4 positions:
24 superintendent of banking, superintendent of credit
25 unions, and chairperson, vice chairperson, and members
26 of the board of parole.
27 6. The following are range 5 positions: consumer
28 advocate, state public defender, drug policy
29 coordinator, labor commissioner, workers' compensation
30 commissioner, administrator of the alcohol beverages
31 division of the department of commerce, and
32 administrator of the historical division of the
33 department of cultural affairs.
34 7. The following are salary ranges 6 through 9 for
35 the fiscal year beginning July 1, 2001, effective with
36 the pay period beginning June 22, 2001:
37 SALARY RANGES Minimum Maximum
38 a. Range 6 $ 48,200 $ 80,340
39 b. Range 7 $ 66,000 $ 91,155
40 c. Range 8 $ 70,800 $105,781
41 d. Range 9 $ 79,000 $126,175
42 8. The following are range 6 positions: director
43 of the department of human rights, director of the
44 Iowa state civil rights commission, executive director
45 of the college student aid commission, director of the
46 department for the blind, and executive director of
47 the ethics and campaign disclosure board.
48 9. The following are range 7 positions: director
49 of the department of cultural affairs, director of the
50 department of elder affairs, and director of the law

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1 enforcement academy.
2 10. The following are range 8 positions: the
3 administrator of the state racing and gaming

4 commission of the department of inspections and
5 appeals, director of the department of inspections and
6 appeals, commandant of the veterans home, director of
7 the department of general services, director of the
8 department of personnel, administrator of the public
9 broadcasting division of the department of education,
10 commissioner of public safety, commissioner of
11 insurance, executive director of the Iowa finance
12 authority, director of the department of natural
13 resources, director of the department of corrections,
14 and chairperson of the utilities board. The other
15 members of the utilities board shall receive an annual
16 salary within a range of not less than 90 percent but
17 not more than 95 percent of the annual salary of the
18 chairperson of the utilities board.
19 11. The following are range 9 positions: director
20 of the department of education, director of human
21 services, director of the department of economic
22 development, director of the information technology
23 department, executive director of the Iowa
24 communications and technology commission, executive
25 director of the state board of regents, director of
26 the state department of transportation, director of
27 the department of workforce development, director of
28 revenue and finance, lottery commissioner, director of
29 public health, the state court administrator,
30 secretary of the state fair board, and the director of
31 the department of management.
32 Sec. 5. PUBLIC EMPLOYMENT RELATIONS BOARD.
33 1. The salary rates specified in this section are
34 effective for the fiscal year beginning July 1, 2001,
35 with the pay period beginning June 22, 2001, and for
36 subsequent fiscal years until otherwise provided by
37 the general assembly. The salaries provided for in
38 this section shall be paid from funds appropriated to
39 the public employment relations board from the salary
40 adjustment fund, or if the appropriation is not
41 sufficient from funds appropriated to the public
42 employment relations board pursuant to any other Act
43 of the general assembly.
44 2. The following annual salary rates shall be paid
45 to the persons holding the positions indicated:
46 a. Chairperson of the public employment relations
47 board:
48 $ 70,761
49 b. Two members of the public employment relations
50 board:

Page 5

1 $ 65,920
2 Sec. 6. COLLECTIVE BARGAINING AGREEMENTS FUNDED -

3 GENERAL FUND. There is appropriated from the general
4 fund of the state to the salary adjustment fund for
5 distribution by the department of management to the
6 various state departments, boards, commissions,
7 councils, and agencies, including the state board of
8 regents, for the fiscal year beginning July 1, 2001,
9 and ending June 30, 2002, the amount of $91,000,000,
10 or so much thereof as may be necessary, to fully fund
11 the following annual pay adjustments, expense
12 reimbursements, and related benefits:
13 1. The collective bargaining agreement negotiated
14 pursuant to chapter 20 for employees in the blue
15 collar bargaining unit.
16 2. The collective bargaining agreement negotiated
17 pursuant to chapter 20 for employees in the public
18 safety bargaining unit.
19 3. The collective bargaining agreement negotiated
20 pursuant to chapter 20 for employees in the security
21 bargaining unit.
22 4. The collective bargaining agreement negotiated
23 pursuant to chapter 20 for employees in the technical
24 bargaining unit.
25 5. The collective bargaining agreement negotiated
26 pursuant to chapter 20 for employees in the
27 professional fiscal and staff bargaining unit.
28 6. The collective bargaining agreement negotiated
29 pursuant to chapter 20 for employees in the university
30 of northern Iowa faculty bargaining unit.
31 7. The collective bargaining agreement negotiated
32 pursuant to chapter 20 for employees in the clerical
33 bargaining unit.
34 8. The collective bargaining agreement negotiated
35 pursuant to chapter 20 for employees in the
36 professional social services bargaining unit.
37 9. The collective bargaining agreement negotiated
38 pursuant to chapter 20 for employees in the community-
39 based corrections bargaining unit.
40 10. The collective bargaining agreement negotiated
41 pursuant to chapter 20 for employees in the judicial
42 branch of government bargaining unit.
43 11. The collective bargaining agreement negotiated
44 pursuant to chapter 20 for employees in the patient
45 care bargaining unit.
46 12. The collective bargaining agreement negotiated
47 pursuant to chapter 20 for employees in the science
48 bargaining unit.
49 13. The collective bargaining agreement negotiated
50 pursuant to chapter 20 for employees in the state

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1 university of Iowa graduate student bargaining unit.

2 14. The collective bargaining agreement negotiated
3 pursuant to chapter 20 for employees in the state
4 university of Iowa hospital and clinics tertiary
5 health care bargaining unit.
6 15. The annual pay adjustments, related benefits,
7 and expense reimbursements referred to in sections 7
8 and 8 of this Act for employees not covered by a
9 collective bargaining agreement.
10 Sec. 7. NONCONTRACT STATE EMPLOYEES - GENERAL.
11 1. a. For the fiscal year beginning July 1, 2001,
12 the maximum salary levels of all pay plans provided
13 for in section 19A.9, subsection 2, as they exist for
14 the fiscal year ending June 30, 2001, shall be
15 increased by 3 percent for the pay period beginning
16 June 22, 2001, and any additional changes in the pay
17 plans shall be approved by the governor.
18 b. For the fiscal year beginning July 1, 2001,
19 employees may receive a step increase or the
20 equivalent of a step increase.
21 2. The pay plans for state employees who are
22 exempt from chapter 19A and who are included in the
23 department of revenue and finance's centralized
24 payroll system shall be increased in the same manner
25 as provided in subsection 1, and any additional
26 changes in any executive branch pay plans shall be
27 approved by the governor.
28 3. This section does not apply to members of the
29 general assembly, board members, commission members,
30 salaries of persons set by the general assembly
31 pursuant to this Act, or set by the governor, other
32 persons designated in section 3 of this Act, employees
33 designated under section 19A.3, subsection 5, and
34 employees covered by 581 IAC 4.6(3).
35 4. The pay plans for the bargaining eligible
36 employees of the state shall be increased in the same
37 manner as provided in subsection 1, and any additional
38 changes in such executive branch pay plans shall be
39 approved by the governor. As used in this section,
40 "bargaining eligible employee" means an employee who
41 is eligible to organize under chapter 20, but has not
42 done so.
43 5. The policies for implementation of this section
44 shall be approved by the governor.
45 Sec. 8. STATE EMPLOYEES - STATE BOARD OF REGENTS.
46 Funds from the appropriation in section 6 of this Act
47 shall be allocated to the state board of regents for
48 the purposes of providing increases for state board of
49 regents employees covered by section 6 of this Act and
50 for employees not covered by a collective bargaining


Page 7

1 agreement as follows:
2 1. For regents merit system employees and merit
3 supervisory employees to fund for the fiscal year,
4 increases comparable to those provided for similar
5 contract-covered employees in this Act.
6 2. For faculty members and professional and
7 scientific employees to fund for the fiscal year,
8 percentage increases comparable to those provided for
9 contract-covered employees in section 6, subsection 6,
10 of this Act.
11 Sec. 9. APPROPRIATIONS FROM ROAD FUNDS.
12 1. There is appropriated from the road use tax
13 fund to the salary adjustment fund for the fiscal year
14 beginning July 1, 2001, and ending June 30, 2002, the
15 following amount, or so much thereof as may be
16 necessary, to be used for the purpose designated:
17 To supplement other funds appropriated by the
18 general assembly:
19 $ 3,500,000
20 2. There is appropriated from the primary road
21 fund to the salary adjustment fund, for the fiscal
22 year beginning July 1, 2001, and ending June 30, 2002,
23 the following amount, or so much thereof as may be
24 necessary, to be used for the purpose designated:
25 To supplement other funds appropriated by the
26 general assembly:
27 $ 13,000,000
28 3. Except as otherwise provided in this Act, the
29 amounts appropriated in subsections 1 and 2 shall be
30 used to fund the annual pay adjustments, expense
31 reimbursements, and related benefits for public
32 employees as provided in this Act.
33 Sec. 10. SPECIAL FUNDS - AUTHORIZATION. To
34 departmental revolving, trust, or special funds,
35 except for the primary road fund or the road use tax
36 fund, for which the general assembly has established
37 an operating budget, a supplemental expenditure
38 authorization is provided, unless otherwise provided,
39 in an amount necessary to fund salary adjustments as
40 otherwise provided in this Act.
41 Sec. 11. GENERAL FUND SALARY MONEYS. Funds
42 appropriated from the general fund of the state in
43 this Act relate only to salaries supported from
44 general fund appropriations of the state except for
45 employees of the state board of regents. The funds
46 appropriated from the general fund of the state for
47 employees of the state board of regents shall exclude
48 general university indirect costs and general
49 university federal funds.
50 Sec. 12. FEDERAL FUNDS APPROPRIATED. All federal

Page 8

1 grants to and the federal receipts of the agencies
2 affected by this Act which are received and may be
3 expended for purposes of this Act are appropriated for
4 those purposes and as set forth in the federal grants
5 or receipts.
6 Sec. 13. STATE TROOPER MEAL ALLOWANCE. The sworn
7 peace officers in the department of public safety who
8 are not covered by a collective bargaining agreement
9 negotiated pursuant to chapter 20 shall receive the
10 same per diem meal allowance as the sworn peace
11 officers in the department of public safety who are
12 covered by a collective bargaining agreement
13 negotiated pursuant to chapter 20.
14 Sec. 14. SALARY MODEL COORDINATOR. Of the funds
15 appropriated by section 6 of this Act, $133,800 for
16 the fiscal year beginning July 1, 2001, is allocated
17 to the department of management for salary and support
18 of the salary model coordinator who shall work in
19 conjunction with the legislative fiscal bureau to
20 maintain the state's salary model used for analyzing,
21 comparing, and projecting state employee salary and
22 benefit information, including information relating to
23 employees of the state board of regents. The
24 department of revenue and finance, the department of
25 personnel, the five institutions under the
26 jurisdiction of the state board of regents, the eight
27 judicial district departments of correctional
28 services, and the state department of transportation
29 shall provide salary data to the department of
30 management and the legislative fiscal bureau to
31 operate the state's salary model. The format and
32 frequency of provision of the salary data shall be
33 determined by the department of management and the
34 legislative fiscal bureau. The information shall be
35 used in collective bargaining processes under chapter
36 20 and in calculating the funding needs contained
37 within the annual salary adjustment legislation. A
38 state employee organization as defined in section
39 20.3, subsection 4, may request information produced
40 by the model, but the information provided shall not
41 contain information attributable to individual
42 employees.
43 Sec. 15. STATE HEALTH INSURANCE SURCHARGE -
44 TERMINAL LIABILITY AND ADMINISTRATION COSTS.
45 1. For the fiscal year beginning July 1, 2001, and
46 ending June 30, 2002, the executive council shall
47 cause the department of personnel to include in the
48 rates for Wellmark Blue Cross/Blue Shield Program 3
49 Plus, Wellmark Blue Cross/Blue Shield Program 3 plus
50 with a comprehensive major medical overlay, and Iowa

Page 9

1 Select Preferred Provider Organization health
2 insurance plans a surcharge, as determined by the
3 department of management, on only the employer's share
4 of the health insurance premium cost to fund the
5 state's share of the terminal liability of the
6 existing Wellmark health insurance contract. The
7 department of revenue and finance shall collect the
8 surcharge from state agencies, the state fair board,
9 board of regents, and the eight judicial district
10 departments of correctional services. The health
11 insurance plans provided to state employees covered by
12 the state police officers council collective
13 bargaining agreement are exempt from the surcharge
14 provided for in this section.
15 2. For the fiscal year beginning July 1, 2001, and
16 ending June 30, 2002, the department of personnel
17 shall also include in the premium rates for all health
18 insurance plans administered by the department an
19 administration fee of $2.28 per contract which shall
20 be assessed only to the employer's share of the
21 insurance premium. The department of revenue and
22 finance shall remit the proceeds of the administration
23 fee monthly to the department of personnel to pay the
24 administrative costs of state employee benefit
25 programs.
26 Sec. 16. PATIENT CARE BARGAINING UNIT - OVERTIME.
27 1. Of the funds appropriated in section 6 of this
28 Act, the following amount, or so much thereof as is
29 necessary, shall be allocated to the department of
30 revenue and finance for the fiscal year beginning July
31 1, 2001, and ending June 30, 2002, to be used for the
32 purpose designated:
33 To reimburse state agencies for expenditures
34 related to the payment of overtime to state employees
35 covered under the patient care bargaining unit:
36 $ 768,000
37 2. The department of revenue and finance shall
38 provide guidelines and forms for documentation that a
39 state agency shall submit for the overtime
40 reimbursement provided for in subsection 1. The
41 reimbursement shall be restricted to the amount of
42 moneys appropriated from the general fund of the state
43 that is used to pay overtime of state employees
44 covered under the patient care bargaining unit for the
45 fiscal year beginning July 1, 2001, and ending June
46 30, 2002.
47 Sec. 17. HEALTH INSURANCE INCENTIVE PROGRAMS. For
48 the fiscal year beginning July 1, 2001, and ending
49 June 30, 2002, the department of revenue and finance
50 shall administer the health insurance incentive

Page 10

1 programs as contained in the collective bargaining
2 agreements. The incentive payment shall be
3 distributed in the paycheck of an eligible state
4 employee if the employee is employed by a central
5 state agency. The department of revenue and finance
6 shall provide monthly each judicial district
7 department of correctional services and the state
8 board of regents a list of their employee counts by
9 benefit plan that qualify for the incentive and the
10 amount of the incentive due. The judicial district
11 department of correctional services and the state
12 board of regents shall include the amount of the
13 incentive payment to their eligible employees'
14 paychecks as soon as the payment is administratively
15 practical.
16 Sec. 18. REGIONAL LIBRARIES. Of the funds
17 appropriated in section 6 of this Act, the following
18 amount, or so much thereof as is necessary, shall be
19 allocated to the department of management for the
20 fiscal year beginning July 1, 2001, and ending June
21 30, 2002, to be used as follows:
22 To supplement other funds for salary adjustments
23 for employees of regional libraries:
24 $ 29,000
25 Sec. 19. Section 19A.32, Code 2001, is amended to
26 read as follows:
27 19A.32 WORKERS' COMPENSATION CLAIMS.
28 The director shall employ appropriate staff to
29 handle and adjust claims of state employees for
30 workers' compensation benefits pursuant to chapters
31 85, 85A, 85B, and 86, or with the approval of the
32 executive council contract for the services or
33 purchase workers' compensation insurance coverage for
34 state employees or selected groups of state employees.
35 A state employee workers' compensation fund is
36 established to pay state employee workers'
37 compensation claims and administrative costs. The
38 department shall establish a rating formula and assess
39 premiums to all agencies, departments, and divisions
40 of the state including those which have not received
41 an appropriation for the payment of workers'
42 compensation insurance and which operate from moneys
43 other than from the general fund of the state. The
44 department shall collect the premiums and deposit them
45 into the state employee workers' compensation fund.
46 Notwithstanding section 8.33, moneys deposited in the
47 state employee workers' compensation fund shall not
48 revert to the general fund of the state at the end of
49 any fiscal year, but shall remain in the state
50 employee workers' compensation fund and be

Page 11

1 continuously available to pay state employee workers'
2 compensation claims. The director of revenue and
3 finance is authorized and directed to draw warrants on
4 this fund for the payment of state employee workers'
5 compensation claims may, to the extent possible,
6 contract with a private organization to process and
7 pay claims for services rendered under provisions of
8 this section.
9 Sec. 20. Section 80.8, unnumbered paragraphs 1
10 through 3, Code 2001, are amended to read as follows:
11 The commissioner of public safety, with the
12 approval of the governor, shall appoint such deputies,
13 inspectors, officers, clerical workers and other
14 employees as may be required to properly discharge the
15 duties of this department.
16 The commissioner may delegate to the members of the
17 Iowa state patrol peace officers of the department
18 such additional duties in the enforcement of this
19 chapter as the commissioner may deem proper and
20 incidental to the duties now imposed upon them by law.
21 The salaries of all members and employees of the
22 department and the expenses of the department shall be
23 provided for by the legislative appropriation
24 therefor. The compensation of the members of the Iowa
25 state patrol peace officers of the department shall be
26 fixed according to grades as to rank and length of
27 service by the commissioner with the approval of the
28 governor. The members of the Iowa state patrol peace
29 officers shall be paid additional compensation in
30 accordance with the following formula: When members
31 of the Iowa state patrol peace officers have served
32 for a period of five years their compensation then
33 being paid shall be increased by the sum of twenty-
34 five dollars per month beginning with the month
35 succeeding the foregoing described five-year period;
36 when members thereof peace officers have served for a
37 period of ten years their compensation then being paid
38 shall be increased by the sum of twenty-five dollars
39 per month beginning with the month succeeding the
40 foregoing described ten-year period, such sums being
41 in addition to the increase provided herein to be paid
42 after five years of service; when members thereof
43 peace officers have served for a period of fifteen
44 years their compensation then being paid shall be
45 increased by the sum of twenty-five dollars per month
46 beginning with the month succeeding the foregoing
47 described fifteen-year period, such sums being in
48 addition to the increases previously provided for
49 herein; when members thereof peace officers have
50 served for a period of twenty years their compensation

Page 12

1 then being paid shall be increased by the sum of
2 twenty-five dollars per month beginning with the month
3 succeeding the foregoing described twenty-year period,
4 such sums being in addition to the increases
5 previously provided for herein. While on active duty
6 each member peace officer shall also receive a flat
7 daily sum as fixed by the commissioner with the
8 approval of the governor for meals while away from the
9 office to which the member has been assigned and
10 within the member's district."

Petersen of Polk asked unanimous consent to defer House File 746.

Objection was raised.

Petersen of Polk moved to defer House File 746.

A non-record roll call was requested.

The ayes were 42, nays 50.

The motion to defer House File 746 lost.

T. Taylor of Linn moved the adoption of amendment H-1888.

Amendment H-1888 lost.

Millage of Scott asked and received unanimous consent to
withdraw amendment H-1887 filed by him on May 1, 2001.

Millage of Scott offered the following amendment H-1907 filed by
him and moved its adoption:

H-1907

1 Amend House File 746 as follows:
2 1. By striking page 3, line 2, through page 5,
3 line 21, and inserting the following:
4 "Sec. . STATE OFFICERS - SALARY RATES AND
5 RANGES. The following annual salary ranges are
6 effective for the positions specified in this section
7 for the fiscal year beginning July 1, 2001, and for
8 subsequent fiscal years until otherwise provided by
9 the general assembly. The governor or other person
10 designated in section 3 of this Act shall determine

11 the salary to be paid to the person indicated at a
12 rate within the salary ranges indicated from funds
13 appropriated by the general assembly for that purpose.
14 1. The following are salary ranges 1 through 5 for
15 the fiscal year beginning July 1, 2001, effective with
16 the pay period beginning June 22, 2001:
17 SALARY RANGES Minimum Maximum
18 a. Range 1 $ 8,800 $29,870
19 b. Range 2 $32,200 $60,255
20 c. Range 3 $44,100 $70,246
21 d. Range 4 $53,100 $80,340
22 e. Range 5 $62,400 $90,434
23 2. The following are range 1 positions: There are
24 no range 1 positions for the fiscal year beginning
25 July 1, 2001.
26 3. The following are range 2 positions:
27 administrator of the arts division of the department
28 of cultural affairs, administrators of the division of
29 persons with disabilities, the division on the status
30 of women, the division on the status of African-
31 Americans, the division of deaf services, and the
32 division of Latino affairs of the department of human
33 rights, and administrator of the division of
34 professional licensing and regulation of the
35 department of commerce.
36 4. The following are range 3 positions:
37 administrator of the division of emergency management
38 of the department of public defense, administrator of
39 the division of criminal and juvenile justice planning
40 of the department of human rights, administrator of
41 the division of community action agencies of the
42 department of human rights, executive director of the
43 commission of veterans affairs, and chairperson and
44 members of the employment appeal board of the
45 department of inspections and appeals.
46 5. The following are range 4 positions:
47 superintendent of banking, superintendent of credit
48 unions, and chairperson, vice chairperson, and members
49 of the board of parole.
50 6. The following are range 5 positions: consumer

Page 2

1 advocate, state public defender, drug policy
2 coordinator, labor commissioner, workers' compensation
3 commissioner, administrator of the alcohol beverages
4 division of the department of commerce, and
5 administrator of the historical division of the
6 department of cultural affairs.
7 7. The following are salary ranges 6 through 9 for
8 the fiscal year beginning July 1, 2001, effective with
9 the pay period beginning June 22, 2001:

10 SALARY RANGES Minimum Maximum
11 a. Range 6 $ 48,200 $ 80,340
12 b. Range 7 $ 66,000 $ 91,155
13 c. Range 8 $ 70,800 $105,781
14 d. Range 9 $ 79,000 $126,175
15 8. The following are range 6 positions: director
16 of the department of human rights, director of the
17 Iowa state civil rights commission, executive director
18 of the college student aid commission, director of the
19 department for the blind, and executive director of
20 the ethics and campaign disclosure board.
21 9. The following are range 7 positions: director
22 of the department of cultural affairs, director of the
23 department of elder affairs, and director of the law
24 enforcement academy.
25 10. The following are range 8 positions: the
26 administrator of the state racing and gaming
27 commission of the department of inspections and
28 appeals, director of the department of inspections and
29 appeals, commandant of the veterans home, director of
30 the department of general services, director of the
31 department of personnel, administrator of the public
32 broadcasting division of the department of education,
33 commissioner of public safety, commissioner of
34 insurance, executive director of the Iowa finance
35 authority, director of the department of natural
36 resources, director of the department of corrections,
37 and chairperson of the utilities board. The other
38 members of the utilities board shall receive an annual
39 salary within a range of not less than 90 percent but
40 not more than 95 percent of the annual salary of the
41 chairperson of the utilities board.
42 11. The following are range 9 positions: director
43 of the department of education, director of human
44 services, director of the department of economic
45 development, director of the information technology
46 department, executive director of the Iowa
47 communications and technology commission, executive
48 director of the state board of regents, director of
49 the state department of transportation, director of
50 the department of workforce development, director of

Page 3

1 revenue and finance, lottery commissioner, director of
2 public health, the state court administrator,
3 secretary of the state fair board, and the director of
4 the department of management.
5 Sec. . PUBLIC EMPLOYMENT RELATIONS BOARD.
6 1. The salary rates specified in this section are
7 effective for the fiscal year beginning July 1, 2001,
8 with the pay period beginning June 22, 2001, and for

9 subsequent fiscal years until otherwise provided by
10 the general assembly. The salaries provided for in
11 this section shall be paid from funds appropriated to
12 the public employment relations board from the salary
13 adjustment fund, or if the appropriation is not
14 sufficient from funds appropriated to the public
15 employment relations board pursuant to any other Act
16 of the general assembly.
17 2. The following annual salary rates shall be paid
18 to the persons holding the positions indicated:
19 a. Chairperson of the public employment relations
20 board:
21 $ 70,761
22 b. Two members of the public employment relations
23 board:
24 $ 65,920"
25 2. By striking page 12, line 30, through page 13,
26 line 3, and inserting the following:
27 "NEW SUBSECTION. 6. There is appropriated from
28 the unassigned revenue fund administered by the Iowa
29 comprehensive underground storage tank fund board to
30 the following funds for the fiscal year beginning July
31 1, 2001, and ending June 30, 2002, the following
32 amounts as specified:
33 a. To the terminal liability health insurance fund
34 created in section 421.46:
35 $ 9,000,000
36 b. To the salary adjustment fund provided for in
37 section 5 of this Act:
38 $ 9,000,000"
39 3. By renumbering as necessary.

Amendment H-1907 was adopted.

Falck of Fayette asked and received unanimous consent to
withdraw amendment H-1796 filed by Murphy of Dubuque on April
30, 2001.

Millage of Scott asked and received unanimous consent to
withdraw amendment H-1812 filed by him on May 1, 2001.

T. Taylor of Linn offered amendment H-1930 filed by him as
follows:

H-1930

1 Amend House File 746 as follows:
2 1. Page 12, by inserting after line 5, the
3 following:

4 "Sec. . Section 19A.32, Code 2001, is amended
5 to read as follows:
6 19A.32 WORKERS' COMPENSATION CLAIMS.
7 The director shall employ appropriate staff to
8 handle and adjust claims of state employees for
9 workers' compensation benefits pursuant to chapters
10 85, 85A, 85B, and 86, or with the approval of the
11 executive council contract for the services or
12 purchase workers' compensation insurance coverage for
13 state employees or selected groups of state employees.
14 A state employee workers' compensation fund is
15 established to pay state employee workers'
16 compensation claims and administrative costs. The
17 department shall establish a rating formula and assess
18 premiums to all agencies, departments, and divisions
19 of the state including those which have not received
20 an appropriation for the payment of workers'
21 compensation insurance and which operate from moneys
22 other than from the general fund of the state. The
23 department shall collect the premiums and deposit them
24 into the state employee workers' compensation fund.
25 Notwithstanding section 8.33, moneys deposited in the
26 state employee workers' compensation fund shall not
27 revert to the general fund of the state at the end of
28 any fiscal year, but shall remain in the state
29 employee workers' compensation fund and be
30 continuously available to pay state employee workers'
31 compensation claims. The director of revenue and
32 finance is authorized and directed to draw warrants on
33 this fund for the payment of state employee workers'
34 compensation claims may, to the extent practicable,
35 contract with a private organization to handle the
36 processing and payment of claims and services rendered
37 under this section."
38 2. By renumbering as necessary.

Millage of Scott rose on a point of order that amendment H-1930
was not germane.

The Speaker ruled the point well taken and amendment H-1930
not germane.

Hansen of Pottawattamie in the chair at 10:14 a.m.

Millage of Scott 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. 746)

The ayes were, 52:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Brunkhorst Carroll
Cormack De Boef Dix Dolecheck
Drake Eddie Eichhorn Elgin
Finch Garman Gipp Hahn
Heaton Hoffman Horbach Huseman
Jacobs Jenkins Johnson Kettering
Klemme Larson Manternach Metcalf
Millage Raecker Rants Rayhons
Rekow Roberts Shey Siegrist, Spkr.
Sievers Teig Tymeson Tyrrell
Van Engelenhoven Van Fossen Weidman Hansen,
Presiding

 


The nays were, 44:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Falck
Fallon Foege Ford Frevert
Greimann Hatch Houser Huser
Jochum Kreiman Kuhn Larkin
Lensing Mascher May Mertz
O'Brien Osterhaus Petersen Quirk
Reynolds Richardson Scherrman Schrader
Seng Shoultz Smith Stevens
Sukup Taylor, D. Taylor, T. Tremmel
Warnstadt Winckler Wise Witt

 


Absent or not voting, 4:
Grundberg Hoversten Murphy Myers

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Murphy of Dubuque on request of Huser of Polk.


Ways and Means Calendar

House File 739, a bill for an act relating to the application of
sales and services tax receipts by a political subdivision to the
payment of principal and interest of certain bonds, was taken up for
consideration.

Eichhorn of Hamilton offered the following amendment H-1752
filed by him and moved its adoption:

H-1752

1 Amend House File 739 as follows:
2 1. Page 1, line 10, by inserting after the word
3 "reduced." the following: "This section shall not
4 restrict the authority of a political subdivision to
5 apply sales and services tax receipts collected
6 pursuant to chapter 422B for such purpose."

Amendment H-1752 was adopted.

Richardson of Warren offered amendment H-1920 filed by him as
follows:

H-1920

1 Amend House File 739 as follows:
2 1. Page 1, line 12, by inserting after the word
3 "collected" the following: "prior to the effective
4 date of this Act".
5 2. Page 1, line 13, by inserting after the word
6 "section." the following: "A school district may also
7 apply amounts received from the school district sales
8 and use tax fund established in section 293.1 for the
9 purposes of this section."
10 3. Page 1, by inserting after line 13, the
11 following:
12 "Sec. . NEW SECTION. 293.1 SCHOOL DISTRICT
13 SALES AND USE TAX FUND.
14 1. A school district sales and use tax fund is
15 created as a separate and distinct fund in the state
16 treasury under the control of the department of
17 revenue and finance. Moneys in the fund include
18 revenues credited to the fund pursuant to section
19 422.69, subsection 2, and section 423.24,
20 appropriations made to the fund and other moneys
21 deposited into the fund. The moneys credited in a
22 fiscal year to the fund shall be distributed as

23 follows:
24 a. A school district located in whole or in part
25 in a county that had in effect on March 31, 2001, the
26 local sales and services tax for school infrastructure
27 purposes under chapter 422E shall receive an amount
28 equal to its guaranteed school infrastructure amount
29 as calculated under subsection 2 if the board of
30 directors notifies the director of revenue and finance
31 that the school district wants to receive its
32 guaranteed school infrastructure amount. The
33 notification shall be provided by July 1, 2001. If
34 notification is not received by July 1, 2001, the
35 school district shall receive moneys pursuant to
36 paragraph "b". Nothing in this chapter shall prevent
37 a school district from using its guaranteed school
38 infrastructure amount to pay principle and interest on
39 obligations issued pursuant to section 422E.4.
40 A school district receiving moneys pursuant to this
41 paragraph shall cease to receive its guaranteed school
42 infrastructure amount and shall receive moneys
43 pursuant to paragraph "b" starting with the fiscal
44 year immediately following the fiscal year in which
45 occurs the end of the original ten-year period or the
46 date listed on the original ballot proposition,
47 whichever is the earlier, as provided in chapter 422E.
48 A school district may adopt a plan, as provided in
49 section 293.2, subsection 2, to anticipate moneys it
50 will receive pursuant to paragraph "b". A school

Page 2

1 district receiving moneys pursuant to this paragraph
2 may elect to receive moneys pursuant to paragraph "b"
3 by providing notification to receive moneys pursuant
4 to paragraph "b" to the director of revenue and
5 finance and the director of the department of
6 management by February 15 preceding the fiscal year
7 for which the election will apply. Once a school
8 district makes this election it is irrevocable.
9 b. Moneys remaining after computations made
10 pursuant to paragraph "a" shall be distributed to
11 school districts not receiving moneys under paragraph
12 "a" on a per student basis calculated by the director
13 of revenue and finance by dividing the moneys
14 available during the fiscal year by the combined
15 actual enrollment for all school districts receiving
16 distributions under this paragraph.
17 The combined actual enrollment for school
18 districts, for purposes of this paragraph, shall be
19 calculated by adding together the actual enrollment
20 for each school district receiving distributions under
21 this paragraph as determined by the department of

22 management based on the actual enrollment figures
23 reported by October 1 to the department of management
24 by the department of education pursuant to section
25 257.6, subsection 1. The combined actual enrollment
26 count shall be forwarded to the director of revenue
27 and finance by March 1, annually, for purposes of
28 supplying estimated tax payment figures and making
29 estimated tax payments pursuant to subsection 3 for
30 the following fiscal year.
31 2. a. For purposes of distributions under
32 subsection 1, paragraph "a", the school district's
33 guaranteed school infrastructure amount shall be
34 calculated according to the following formula:
35 The district's guaranteed school infrastructure
36 amount equals the product of the county guaranteed
37 school infrastructure amount times the district's
38 county actual enrollment divided by the county
39 combined actual enrollment.
40 b. For purposes of the formula in paragraph "a":
41 (1) "Base year" means the fiscal year beginning
42 July 1, 2000.
43 (2) "Base year county taxable sales percentage"
44 means the percentage that the taxable sales in the
45 county during the base year is of the total state
46 taxable sales during the base year.
47 (3) "County combined actual enrollment" means the
48 actual enrollment figures determined by the department
49 of management for the county based on the actual
50 enrollment figures reported by October 1 to the

Page 3

1 department of management by the department of
2 education pursuant to section 257.6, subsection 1.
3 (4) "County guaranteed school infrastructure
4 amount" means an amount equal to the product of the
5 county's chapter 422E proportionate share times the
6 amount deposited in the school district sales and use
7 tax fund for the current year times the current year
8 county taxable sales percentage divided by the base
9 year county taxable sales percentage.
10 (5) "County's chapter 422E proportionate share"
11 means the percentage that the annualized revenues
12 received in the county under chapter 422E for the base
13 year is of one-fifth of the total state sales and use
14 tax revenues collected for deposit into the general
15 fund of the state for the base year.
16 (6) "Current year" means the fiscal year for which
17 distributions under this section are being made.
18 (7) "Current year county taxable sales percentage"
19 means the percentage that the taxable sales in the
20 county during the current fiscal year is of the total

21 state taxable sales during the current fiscal year.
22 (8) "District's county actual enrollment" means the
23 actual enrollment of the school district that attends
24 school in the county for which the county combined
25 actual enrollment is determined.
26 (9) "Taxable sales" means sales subject to the
27 state sales and services tax under chapter 422,
28 division IV.
29 3. a. The director of revenue and finance within
30 fifteen days of the beginning of each fiscal year
31 shall send to each school district an estimate of the
32 amount of tax moneys each school district will receive
33 for the year and for each quarter of the year. At the
34 end of each quarter, the director may revise the
35 estimates for the year and remaining quarters.
36 b. The director shall remit ninety-five percent of
37 the estimated tax receipts for the school district to
38 the school district on or before September 30 of the
39 fiscal year and on or before the last day of each
40 following quarter.
41 c. The director shall remit a final payment of the
42 remainder of tax moneys due for the fiscal year before
43 November 10 of the next fiscal year. If an
44 overpayment has resulted during the previous fiscal
45 year, the November payment shall be adjusted to
46 reflect any overpayment.
47 d. If the distributions are to school districts
48 described in subsection 1, paragraph "a", the payments
49 to these school districts shall be done on a monthly
50 basis beginning with the month of August.

Page 4

1 Sec. . NEW SECTION. 293.2 USE OF SCHOOL
2 DISTRICT SALES AND USE TAX FUND MONEYS.
3 1. A school district receiving moneys from the
4 school district sales and use tax fund under section
5 293.1, subsection 1, paragraph "a", shall use the
6 moneys as provided on the original ballot proposition
7 pursuant to chapter 422E, for the payment of principal
8 and interest on general obligation bonds issued
9 pursuant to chapter 296, or section 298.20 or loan
10 agreements under section 297.36, for payments made
11 pursuant to lease or lease-purchase agreements, or for
12 payment of principal and interest on bonds issued
13 under sections 293.3 and 422E.4.
14 2. a. Moneys received by a school district from
15 the school district sales and use tax fund under
16 section 293.1, subsection 1, paragraph "b", shall be
17 spent for infrastructure purposes only according to a
18 plan developed by the board of directors. The plan
19 may apply to more than one fiscal year. Prior to

20 adoption of the plan, the board of directors shall
21 hold a public hearing on the question of approval of
22 the proposed plan. The board shall set forth its
23 proposal and shall publish the notice of the time and
24 place of a public hearing on the proposed plan.
25 Notice of the time and place of the public hearing
26 shall be published not less than ten nor more than
27 twenty days before the public hearing in a newspaper
28 which is a newspaper of general circulation in the
29 school district. At the hearing, or no later than
30 thirty days after the date of the hearing, the board
31 shall take action to adopt the proposed plan.
32 b. If the board adopts the plan, moneys received
33 shall be used according to the plan unless within
34 twenty-eight days following the action of the board,
35 the secretary of the board receives a petition
36 containing signatures of registered voters equal in
37 number to five percent of the voters in the school
38 district who voted at the last general election,
39 asking that an election be called to approve or
40 disapprove the action of the board. The board shall
41 either rescind its action or direct the county
42 commissioner of elections to submit the question to
43 the registered voters of the school district at the
44 next following regular school election or a special
45 election. If a majority of those voting on the
46 question at the election favors disapproval of the
47 action of the board, the district shall use the moneys
48 received as provided in paragraph "c" for the fiscal
49 year.
50 At the expiration of the twenty-eight day period,

Page 5

1 if no petition is filed, the board shall use the
2 moneys received according to the plan for the duration
3 of the plan. However, the board may, at anytime,
4 expend a greater share of moneys received for property
5 tax relief than otherwise specified in the plan.
6 c. If an election is held and the plan is
7 disapproved, as provided in paragraph "b", or if a
8 plan is not approved by the board, moneys received by
9 a school district shall be used for the fiscal year to
10 reduce the following levies in the following order:
11 (1) Bond levies under sections 298.18 and 298.18A
12 and other debt levies until the moneys received or the
13 levies are reduced to zero.
14 (2) The physical plant and equipment levy under
15 section 298.2, until the moneys received or the levy
16 is reduced to zero.
17 (3) The public educational and recreational
18 activities levy under section 300.2, until the moneys

19 received or the levy is reduced to zero.
20 (4) The schoolhouse tax levy under section 278.1,
21 subsection 7, Code 1989, until the moneys received or
22 the levy is reduced to zero.
23 Any money remaining after the reduction of the
24 levies specified in this paragraph may be used for any
25 lawful infrastructure purpose of the school district.
26 d. For purposes of this subsection,
27 "infrastructure purposes" means those purposes for
28 which a school district is authorized to contract
29 indebtedness and issue general obligation bonds under
30 chapter 296 or to expend tax revenues under section
31 298.3, the payment of principal and interest on
32 general obligation bonds issued under chapter 296 or
33 section 298.20 or loan agreements under section
34 297.36, payments made pursuant to a lease or lease-
35 purchase agreement, or the payment of principal and
36 interest on bonds issued under section 293.3 or
37 422E.4.
38 Sec. . NEW SECTION. 293.3 BONDING.
39 A school district may issue bonds as provided in
40 this section if it complies with all of the following
41 procedures:
42 1. A school district may institute proceedings for
43 the issuance of bonds by causing a notice of the
44 proposal to issue the bonds, including a statement of
45 the amount and purpose of the bonds, and the right of
46 voters to petition for an election, to be published at
47 least once in a newspaper of general circulation
48 within the school district at least ten days prior to
49 the meeting at which it is proposed to take action for
50 the issuance of the bonds.

Page 6

1 If at any time before the date fixed for taking
2 action for the issuance of the bonds, a petition is
3 filed signed by five percent of the registered voters
4 of the school district, asking that the question of
5 issuing the bonds be submitted to the registered
6 voters, the board of directors shall either by
7 resolution declare the proposal to issue the bonds to
8 be abandoned or shall direct the county commissioner
9 of elections to call a special election upon the
10 question of issuing the bonds. The proposition of
11 issuing bonds under this section is not approved
12 unless the vote in favor of the proposition is equal
13 to at least sixty percent of the vote cast. If a
14 petition is not filed, or if a petition is filed and
15 the proposition of issuing the bonds is approved at an
16 election, the board of directors may proceed with the
17 authorization and issuance of the bonds. Bonds may be

18 issued for the purpose of refunding outstanding and
19 previously issued bonds under this section without
20 otherwise complying with the provisions of this
21 section.
22 2. The provisions of chapter 76 apply to the bonds
23 payable as provided in this subsection, except that
24 the mandatory levy to be assessed pursuant to section
25 76.2 shall be at a rate to generate an amount which
26 together with the receipts from the pledged designated
27 portion of the school district's amount received from
28 the school district sales and use tax fund under
29 section 293.1 is sufficient to pay the interest and
30 principal on the bonds. All amounts collected as a
31 result of the levy assessed pursuant to section 76.2
32 and paid out for bond principal and interest shall be
33 repaid to the school district from the first available
34 designated portion of the school district's amount
35 received from the school district sales and use tax
36 fund under section 293.1 received in excess of the
37 requirement for the payment of the principal and
38 interest of the bonds and when repaid shall be applied
39 in reduction of property taxes. The amount of bonds
40 which may be issued under section 76.3 shall be the
41 amount which could be retired from the actual
42 collections of the designated portions of the school
43 district's amount received from the school district
44 sales and use tax fund under section 293.1 for the
45 last four calendar quarters, as certified by the
46 director of revenue and finance. The amount of tax
47 revenues pledged jointly by other cities or counties
48 may be considered for the purpose of determining the
49 amount of bonds which may be issued.
50 3. The provisions of this section constitute

Page 7

1 separate authorization for the issuance of bonds and
2 shall prevail in the event of conflict with any other
3 provisions of state law limiting the amount of bonds
4 which may be issued or the source of payment of the
5 bonds. Bonds issued under this section shall not
6 limit or restrict the authority of the school district
7 to issue bonds under other provisions of state law.
8 Sec. . NEW SECTION. 293.4 REPEAL.
9 This chapter is repealed July 1, 2021, for fiscal
10 years beginning on or after that date.
11 Sec. . Section 298.18, unnumbered paragraph 4,
12 Code 2001, is amended by striking the unnumbered
13 paragraph and inserting in lieu thereof the following:
14 If the school corporation's amount received from
15 the school district sales and use tax fund under
16 section 293.1 does not equal or exceed the amount

17 which would be produced by a levy of one dollar
18 thirty-five cents per thousand dollars of the assessed
19 value of the taxable property of the school
20 corporation, the amount estimated and certified to
21 apply on principal and interest for any one year may
22 exceed two dollars and seventy cents per thousand
23 dollars of assessed value by the amount approved by
24 the voters of the school corporation, but not
25 exceeding four dollars and five cents per thousand of
26 the assessed value of the taxable property within any
27 school corporation, provided that the qualified voters
28 of such school corporation have first approved such
29 increased amount at a special election, which may be
30 held at the same time as the regular school election,
31 and provided further that the school corporation's
32 amount received from the school district sales and use
33 tax fund under section 293.1 shall be used to abate an
34 additional levy amount authorized after July 1, 2001.
35 A levy approved prior to July 1, 2001, shall continue
36 to be authorized. The proposition submitted to the
37 voters at such special election shall be in
38 substantially the following form:
39 Sec. . Section 298.18, unnumbered paragraph 5,
40 Code 2001, is amended to read as follows:
41 Shall the board of directors of the ...... (insert
42 name of school corporation) in the County of ......,
43 State of Iowa, be authorized to levy annually a tax
44 exceeding two dollars and seventy cents per thousand
45 dollars, but not exceeding .. dollars and ... cents
46 per thousand dollars of the assessed value of the
47 taxable property within said school corporation to pay
48 the principal of and interest on bonded indebtedness
49 of said school corporation, it being understood that
50 the approval of this proposition shall not limit the

Page 8

1 source of payment of the bonds and interest but shall
2 only operate to restrict the amount of bonds which may
3 be issued and that the additional levy shall be
4 reduced and abated in any year by the amount of money
5 received from the school district sales and use tax
6 fund under section 293.1?
7 Sec. . Section 422.43, subsections 1, 2, 4, 5,
8 6, 7, 10, and 12, Code 2001, are amended to read as
9 follows:
10 1. There is imposed a tax of five six percent upon
11 the gross receipts from all sales of tangible personal
12 property, consisting of goods, wares, or merchandise,
13 except as otherwise provided in this division, sold at
14 retail in the state to consumers or users; a like rate
15 of tax upon the gross receipts from the sales,

16 furnishing, or service of gas, electricity, water,
17 heat, pay television service, and communication
18 service, including the gross receipts from such sales
19 by any municipal corporation or joint water utility
20 furnishing gas, electricity, water, heat, pay
21 television service, and communication service to the
22 public in its proprietary capacity, except as
23 otherwise provided in this division, when sold at
24 retail in the state to consumers or users; a like rate
25 of tax upon the gross receipts from all sales of
26 tickets or admissions to places of amusement, fairs,
27 and athletic events except those of elementary and
28 secondary educational institutions; a like rate of tax
29 on the gross receipts from an entry fee or like charge
30 imposed solely for the privilege of participating in
31 an activity at a place of amusement, fair, or athletic
32 event unless the gross receipts from the sales of
33 tickets or admissions charges for observing the same
34 activity are taxable under this division; and a like
35 rate of tax upon that part of private club membership
36 fees or charges paid for the privilege of
37 participating in any athletic sports provided club
38 members.
39 2. There is imposed a tax of five six percent upon
40 the gross receipts derived from the operation of all
41 forms of amusement devices and games of skill, games
42 of chance, raffles, and bingo games as defined in
43 chapter 99B, operated or conducted within the state,
44 the tax to be collected from the operator in the same
45 manner as for the collection of taxes upon the gross
46 receipts of tickets or admission as provided in this
47 section. The tax shall also be imposed upon the gross
48 receipts derived from the sale of lottery tickets or
49 shares pursuant to chapter 99E. The tax on the
50 lottery tickets or shares shall be included in the

Page 9

1 sales price and distributed to the general fund as
2 provided in section 99E.10.
3 4. There is imposed a tax of five six percent upon
4 the gross receipts from the sales of engraving,
5 photography, retouching, printing, and binding
6 services. For the purpose of this division, the sales
7 of engraving, photography, retouching, printing, and
8 binding services are sales of tangible property.
9 5. There is imposed a tax of five six percent upon
10 the gross receipts from the sales of vulcanizing,
11 recapping, and retreading services. For the purpose
12 of this division, the sales of vulcanizing, recapping,
13 and retreading services are sales of tangible
14 property.

15 6. There is imposed a tax of five six percent upon
16 the gross receipts from the sales of optional service
17 or warranty contracts, except residential service
18 contracts regulated under chapter 523C, which provide
19 for the furnishing of labor and materials and require
20 the furnishing of any taxable service enumerated under
21 this section. The gross receipts are subject to tax
22 even if some of the services furnished are not
23 enumerated under this section. For the purpose of
24 this division, the sale of an optional service or
25 warranty contract, other than a residential service
26 contract regulated under chapter 523C, is a sale of
27 tangible personal property. Additional sales,
28 services, or use taxes shall not be levied on
29 services, parts, or labor provided under optional
30 service or warranty contracts which are subject to tax
31 under this section.
32 If the optional service or warranty contract is a
33 computer software maintenance or support service
34 contract and there is no separately stated fee for the
35 taxable personal property or for the nontaxable
36 service, the tax of five six percent imposed by this
37 subsection shall be imposed on fifty percent of the
38 gross receipts from the sale of such contract. If the
39 contract provides for technical support services only,
40 no tax shall be imposed under this subsection. The
41 provisions of this subsection also apply to the tax
42 imposed by chapter 423.
43 7. There is imposed a tax of five six percent upon
44 the gross receipts from the renting of rooms,
45 apartments, or sleeping quarters in a hotel, motel,
46 inn, public lodging house, rooming house, mobile home
47 which is tangible personal property, or tourist court,
48 or in any place where sleeping accommodations are
49 furnished to transient guests for rent, whether with
50 or without meals. "Renting" and "rent" include any

Page 10

1 kind of direct or indirect charge for such rooms,
2 apartments, or sleeping quarters, or their use. For
3 the purposes of this division, such renting is
4 regarded as a sale of tangible personal property at
5 retail. However, this tax does not apply to the gross
6 receipts from the renting of a room, apartment, or
7 sleeping quarters while rented by the same person for
8 a period of more than thirty-one consecutive days.
9 10. There is imposed a tax of five six percent
10 upon the gross receipts from the rendering,
11 furnishing, or performing of services as defined in
12 section 422.42.
13 12. A tax of five six percent is imposed upon the

14 gross receipts from the sales of prepaid telephone
15 calling cards and prepaid authorization numbers. For
16 the purpose of this division, the sales of prepaid
17 telephone calling cards and prepaid authorization
18 numbers are sales of tangible personal property.
19 Sec. . Section 422.43, subsection 13, paragraph
20 a, unnumbered paragraph 1, Code 2001, is amended to
21 read as follows:
22 A tax of five six percent is imposed upon the gross
23 receipts from the sales, furnishing, or service of
24 solid waste collection and disposal service.
25 Sec. . Section 422.43, Code 2001, is amended by
26 adding the following new subsection:
27 NEW SUBSECTION. 16. The sales tax rate of six
28 percent is reduced to five percent on July 1, 2021.
29 Sec. . Section 422.47, subsection 2, Code 2001,
30 is amended to read as follows:
31 2. Construction contractors may make application
32 to the department for a refund of the additional one
33 percent tax paid under this division or the additional
34 one percent tax paid under chapter 423 by reason of
35 the increase in the tax from four to five to six
36 percent for taxes paid on goods, wares, or merchandise
37 under the following conditions:
38 a. The goods, wares, or merchandise are
39 incorporated into an improvement to real estate in
40 fulfillment of a written contract fully executed prior
41 to July 1, 1992 2001. The refund shall not apply to
42 equipment transferred in fulfillment of a mixed
43 construction contract.
44 b. The contractor has paid to the department or to
45 a retailer the full five six percent tax.
46 c. The claim is filed on forms provided by the
47 department and is filed within one year of the date
48 the tax is paid.
49 A contractor who makes an erroneous application for
50 refund shall be liable for payment of the excess

Page 11

1 refund paid plus interest at the rate in effect under
2 section 421.7. In addition, a contractor who
3 willfully makes a false application for refund is
4 guilty of a simple misdemeanor and is liable for a
5 penalty equal to fifty percent of the excess refund
6 claimed. Excess refunds, penalties, and interest due
7 under this subsection may be enforced and collected in
8 the same manner as the tax imposed by this division.
9 Sec. . Section 422.69, subsection 2, Code 2001,
10 is amended to read as follows:
11 2. a. Unless Except as provided in paragraph "b",
12 or as otherwise provided, the fees, taxes, interest

13 and penalties collected under this chapter shall be
14 credited to the general fund.
15 b. One-sixth of the fees, taxes, interest, and
16 penalties collected pursuant to division IV shall be
17 credited to the school district sales and use tax fund
18 created in section 293.1. This paragraph is stricken
19 July 1, 2021.
20 Sec. . Section 422E.1, Code 2001, is amended by
21 adding the following new subsection:
22 NEW SUBSECTION. 4. a. This chapter does not
23 apply to any county for the period beginning after the
24 effective date of this Act and ending January 1, 2021.
25 b. In the case of a county that has in effect on
26 March 31, 2001, a local sales and services tax for
27 school infrastructure purposes, the increase in the
28 state sales and services tax under chapter 422,
29 division IV, from five percent to six percent shall
30 replace the county's local sales and services tax for
31 school infrastructure purposes and to this extent the
32 local sales and services tax for school infrastructure
33 purposes is repealed.
34 Sec. . Section 423.2, Code 2001, is amended to
35 read as follows:
36 423.2 IMPOSITION OF TAX.
37 An excise tax is imposed on the use in this state
38 of tangible personal property, including aircraft
39 subject to registration under section 328.20,
40 purchased for use in this state, at the rate of five
41 six percent of the purchase price of the property. An
42 excise tax is imposed on the use of manufactured
43 housing in this state at the rate of five six percent
44 of the purchase price if the manufactured housing is
45 sold in the form of tangible personal property and at
46 the rate of five six percent of the installed purchase
47 price if the manufactured housing is sold in the form
48 of realty. An excise tax is imposed on the use in
49 this state of vehicles subject to registration or
50 subject only to the issuance of a certificate of title

Page 12

1 at the rate of five percent. An excise tax is imposed
2 on the use of leased vehicles at the rate of five
3 percent of the amount otherwise subject to tax as
4 calculated pursuant to section 423.7A. The excise tax
5 is imposed upon every person using the property within
6 this state until the tax has been paid directly to the
7 county treasurer or the state department of
8 transportation, to a retailer, or to the department.
9 An excise tax is imposed on the use in this state of
10 services enumerated in section 422.43 at the rate of
11 five six percent. This tax is applicable where

12 services are rendered, furnished, or performed in this
13 state or where the product or result of the service is
14 used in this state. This tax is imposed on every
15 person using the services or the product of the
16 services in this state until the user has paid the tax
17 either to an Iowa use tax permit holder or to the
18 department. The rate of use tax of six percent shall
19 be reduced to five percent beginning July 1, 2021.
20 Sec. . Section 423.24, Code 2001, is amended by
21 adding the following new subsection:
22 NEW SUBSECTION. 2A. One-sixth of all other
23 revenue arising under the operation of this chapter
24 shall be credited to the school district sales and use
25 tax fund created in section 293.1. This subsection is
26 stricken July 1, 2021.
27 Sec. . Section 423.24, subsection 3, Code 2001,
28 is amended to read as follows:
29 3. All other revenue arising under the operation
30 of this chapter not credited as specified in
31 subsections 1, 2, and 2A shall be credited to the
32 general fund of the state.
33 Sec. . APPLICABILITY. This section applies in
34 regard to the increase in the state sales and use
35 taxes from five to six percent. The six percent rate
36 applies to all sales of taxable personal property,
37 consisting of goods, wares, or merchandise if delivery
38 occurs on or after July 1, 2001. The six percent use
39 tax rate applies to the use of property when the first
40 taxable use in this state occurs on or after July 1,
41 2001. The six percent rate applies to the gross
42 receipts from the sale, furnishing, or service of gas,
43 electricity, water, heat, pay television service, and
44 communication service if the date of billing the
45 customer is on or after July 1, 2001. In the case of
46 a service contract entered into prior to July 1, 2001,
47 which contract calls for periodic payments, the six
48 percent rate applies to those payments made or due on
49 or after July 1, 2001. This periodic payment applies,
50 but is not limited to, tickets or admissions, private

Page 13

1 club membership fees, sources of amusement, equipment
2 rental, dry cleaning, reducing salons, dance schools,
3 and all other services subject to tax, except the
4 aforementioned utility services which are subject to a
5 special transitional rule. Unlike periodic payments
6 under service contracts, installment sales of goods,
7 wares, and merchandise are subject to the full amount
8 of sales or use tax when the sales contract is entered
9 into or the property is first used in Iowa.
10 . The sections of this Act enacting new Code

11 sections 293.1 and 293.2, being deemed of immediate
12 importance, take effect upon enactment.
13 Sec. . This Act is repealed July 1, 2021, for
14 sales and use tax transactions occurring or, in the
15 case of utilities, being billed on or after that
16 date."
17 4. Title page, by striking lines 1 through 3 and
18 inserting the following: "An Act relating to the
19 imposition and application of sales and services tax
20 by a political subdivision, including the payment of
21 principal and interest of certain bonds, and providing
22 an effective date."

Eichhorn of Hamilton rose on a point of order that amendment H-
1920 was not germane.

The Speaker ruled the point well taken and amendment H-1920
not germane.

Eichhorn of Hamilton moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.

On the question "Shall the bill pass?" (H.F. 739)

The ayes were, 93:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Falck
Fallon Finch Foege Ford
Frevert Garman Gipp Greimann
Hahn Hatch Hoffman Horbach
Houser Huseman Huser Jacobs
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage O'Brien
Osterhaus Petersen Quirk Raecker
Rants Rayhons Rekow Reynolds
Richardson Roberts Scherrman Schrader
Seng Shey Shoultz Siegrist, Spkr.
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Teig Tremmel
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Winckler Wise Witt
Hansen,
Presiding

 


The nays were, none.

Absent or not voting, 7:
Grundberg Heaton Hoversten Jenkins
Murphy Myers Tymeson

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

Metcalf of Polk in the chair at 10:50 a.m.

ADOPTION OF THE REPORT OF THE
CONFERENCE COMMITTEE
(Senate File 346)

Baudler of Adair called up for consideration the report of the
conference committee on Senate File 346 and moved the adoption of
the conference committee report and the amendments contained
therein as follows:

REPORT OF THE CONFERENCE COMMITTEE ON SENATE FILE 346

To the President of the Senate and the Speaker of the House of Representatives:

We, the undersigned members of the conference committee appointed to resolve the
differences between the Senate and House of Representatives on Senate File 346, a bill
for an act relating to the department of corrections by providing for the use of deadly
force by correctional or peace officers, for submission of presentence investigation
reports to the department, for establishing a training fund in the department, for
transcription and recording of testimony for certain investigations conducted by the
department of corrections, and for purchases by a department or agency from Iowa
state industries, respectfully make the following report:

1. That the House recedes from its amendment, S-3376.

2. That Senate File 346, as passed by the Senate, is amended to read as follows:

1. Page 1, by inserting before line 1, the following:

"Section 1. Section 232.68, subsection 2, Code 2001, is amended by adding the
following new paragraph:


NEW PARAGRAPH. g. The commission of bestiality in the presence of a minor
under section 717C.1 by a person who resides in a home with a child, as a result of the
acts or omissions of a person responsible for the care of the child."

2. Page 1, line 12, by striking the words "may shall" and inserting the following:
"may".

3. Page 1, by inserting after line 15, the following:

"Sec. . NEW SECTION. 717C.1 BESTIALITY.

1. For purposes of this section:

a. "Animal" means any nonhuman vertebrate, either dead or alive.

b. "Sex act" means any sexual contact between a person and an animal by
penetration of the penis into the vagina or anus, contact between the mouth and
genitalia, or by contact between the genitalia of one and the genitalia or anus of the
other.

2. A person who performs a sex act with an animal, is guilty of an aggravated
misdemeanor.

3. Upon a conviction for a violation of this section, and in addition to any sentence
authorized by law, the court shall require the person to submit to a psychological
evaluation and treatment at the person's expense."

4. Page 2, by inserting after line 27, the following:

"Sec. . Section 904.310, Code 2001, is amended to read as follows:

904.310 CANTEENS.

The director may maintain a canteen at an institution under the director's
jurisdiction for the sale to persons confined in the institution of items such as toilet
articles, candy, tobacco products, notions, and other sundries, and may provide the
necessary facilities, equipment, personnel, and merchandise for the canteen. The
director shall specify the items to be sold in the canteen. The department may
establish and maintain a permanent operating fund for each canteen. The fund shall
consist of the receipts from the sale of commodities at the canteen and donations
designated by inmates for reimbursement of victims' travel expenses. Any money in
the fund over the amount needed to do normal business transactions, and to reimburse
any accounts which have subsidized the canteen fund, and to reimburse victims' travel
expenses, shall be considered profit. This money may remain in the canteen fund and
be used for any purchase which the superintendent approves that will directly and
collectively benefit the inmates of the institution or to reimburse victims' travel
expenses."

5. Page 3, line 8, by inserting after the word "later." the following: "However, a
recording of testimony involving any employee of the department shall continue to be
filed and maintained until the employee no longer is employed by the department."


6. By striking page 3, line 9, through page 4, line 4.

7. Title page, line 2, by inserting after the word "officers," the following: "for the
creation of a new criminal offense with a correctional impact,".

8. Title page, line 5, by inserting after the word "department," the following: "for
inmate donations for victims' travel expenses, and".

9. Title page, by striking lines 7 and 8, and inserting the following: "corrections."

10. By renumbering as necessary.

ON THE PART OF THE HOUSE: ON THE PART OF THE SENATE:

CLEL BAUDLER, Chair ANDY MCKEAN, Chair
GEORGE EICHHORN JEFF ANGELO
KEITH KREIMAN JOHNIE HAMMOND
CHUCK LARSON JACK HOLVECK
MARK TREMMEL STEVE KING

The motion prevailed and the conference committee report was
adopted.

Baudler of Adair 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. 346)

The ayes were, 95:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Falck
Finch Foege Ford Frevert
Garman Gipp Greimann Grundberg
Hahn Hansen Hatch Heaton
Hoffman Horbach Houser Huseman
Huser Jacobs Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lensing
Manternach Mascher May Mertz
Millage O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
Rekow Reynolds Richardson Roberts
Scherrman Schrader Seng Shey
Shoultz Siegrist, Spkr. Sievers Smith
Stevens Sukup Taylor, D. Taylor, T.
Teig Tremmel Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Winckler
Wise Witt Metcalf,
Presiding

 


The nays were, 1:
Fallon

 


Absent or not voting, 4:
Hoversten Murphy Myers Tymeson

 


The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 739, 746 and Senate File 346.

SENATE AMENDMENT CONSIDERED

Jenkins of Black Hawk called up for consideration House File
349, a bill for an act relating to the enterprise zone program and
providing a retroactive applicability date, amended by the Senate,
and moved that the House concur in the following Senate amendment
H-1935:

H-1935

1 Amend House File 349, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, by striking lines 11 and 12, and
4 inserting the following: "company, or estate or
5 trust".
6 2. Page 1, by striking lines 18 and 19, and
7 inserting the following: "or estate or trust. For".
8 3. Page 2, by striking lines 30 and 31 and
9 inserting the following: "limited liability company,
10 or".
11 4. Page 3, by striking lines 2 and 3 and
12 inserting the following: "or estate or trust."

13 5. Page 3, by inserting after line 3, the
14 following:
15 "Sec. 500. Section 15E.193B, subsection 6,
16 paragraph b, Code 2001, is amended to read as follows:
17 b. Sales, services, and use tax refund for taxes
18 paid by an eligible business including an eligible
19 business acting as a contractor or subcontractor, as
20 provided in section 15.331A."
21 6. Page 5, by striking lines 16 and 17, and
22 inserting the following: "or estate or trust".
23 7. Page 5, by striking lines 22 through 24, and
24 inserting the following: "corporation, limited
25 liability company, or estate or trust."
26 8. Page 7, by striking lines 8 through 29.
27 9. Page 12, by striking line 5, and inserting the
28 following:
29 "Sec. . RETROACTIVE APPLICABILITY.
30 1. Section 500 of this Act, being deemed of
31 immediate importance, takes effect upon enactment and
32 is retroactively applicable to July 1, 1998.
33 2. With the exception of section 500 of this Act,
34 this Act is".
35 10. Title page, lines 1 and 2, by striking the
36 words "a retroactive applicability date" and inserting
37 the following: "effective date and retroactive
38 applicability date provisions".
39 11. By renumbering, relettering, or redesignating
40 and correcting internal references as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-1935.

Jenkins of Black Hawk 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. 349)

The ayes were, 94:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dotzler Drake Eddie
Eichhorn Elgin Falck Fallon
Finch Foege Ford Frevert
Garman Gipp Greimann Grundberg
Hahn Hansen Hatch Heaton
Hoffman Horbach Houser Huseman
Huser Jacobs Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lensing
Manternach Mascher May Mertz
Millage O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
Rekow Reynolds Richardson Roberts
Scherrman Schrader Seng Shey
Shoultz Siegrist, Spkr. Sievers Smith
Stevens Sukup Taylor, D. Taylor, T.
Tremmel Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Winckler Wise
Witt Metcalf,
Presiding

 


The nays were, none.

Absent or not voting, 6:
Dolecheck Hoversten Murphy Myers
Teig Tymeson

 


The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.

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
May 3, 2001, amended and passed the following bill in which the concurrence of the
House is asked:

House File 695, a bill for an act relating to the school-to-career program.

Also: That the Senate has on May 3, 2001, 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 726, a bill for an act relating to and making appropriations to the
department for the blind, the Iowa state civil rights commission, the department of
elder affairs, the Iowa department of public health, the department of human rights,
the governor's office of drug control policy, and the commission of veterans affairs,
providing a criminal surcharge increase, and providing an effective date.

Also: That the Senate has on May 3, 2001, concurred in the House amendment and
passed the following bill in which the concurrence of the Senate was asked:

Senate File 140, a bill for an act updating the Iowa Code references to the Internal
Revenue Code, increasing the minimum filing income requirement for dependents,
lowering the threshold amount for making estimated payments for corporations and
financial institutions, increasing the estimated tax payment standard for assessing a
penalty for corporations and financial institutions, and providing retroactive
applicability dates and an effective date.

Also: That the Senate has on May 3, 2001, concurred in the House amendment and
passed the following bill in which the concurrence of the Senate was asked:

Senate File 499, a bill for an act making changes to and reorganizing scheduled
fines.

Also: That the Senate has on May 3, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 543, a bill for an act making changes to criminal sentences by
permitting an aggravated misdemeanor charge for certain burglary in the third degree
criminal offenses, by creating a sentence of a determinate term of confinement and an
additional indeterminate term of years for certain class "D" felonies, by extending the
length of time for reconsideration of certain felony sentences, and providing penalties.

MICHAEL E. MARSHALL, Secretary

Regular Calendar

Senate File 515, a bill for an act providing for the crossing of
railroad rights-of-way by public utilities, and providing applicability
dates, with report of committee recommending amendment and
passage, was taken up for consideration.

Hansen of Pottawattamie offered the following amendment H-
1742 filed by the committee on commerce and regulation and moved
its adoption:

H-1742

1 Amend Senate File 515, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, line 4, by inserting after the word
4 "board" the following: ", in consultation with the
5 state department of transportation,".
6 2. Page 4, line 1, by inserting after the word
7 "fee" the following: ", if applicable,".
8 3. Page 4, line 10, by inserting after the word
9 "right-of-way" the following: "for a crossing, other
10 than a crossing along the public roads of the state
11 pursuant to chapter 477,".
12 4. By renumbering, redesignating, and correcting
13 internal references as necessary.

The committee amendment H-1742 was adopted.

T. Taylor of Linn asked and received unanimous consent to
withdraw amendments H-1748 and H-1749 filed by him on April 27,
2001.

Hansen of Pottawattamie moved that the bill be read a last time
now and placed upon its passage which motion prevailed and the bill
was read a last time.

On the question "Shall the bill pass?" (S.F. 515)

The ayes were, 97:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Falck
Fallon Finch Foege Ford
Frevert Garman Gipp Greimann
Grundberg Hahn Hansen Hatch
Heaton Hoffman Horbach Houser
Huseman Huser Jacobs Jenkins
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Millage Myers O'Brien
Osterhaus Petersen Quirk Raecker
Rants Rayhons Rekow Reynolds
Richardson Roberts Scherrman Schrader
Seng Shey Shoultz Siegrist, Spkr.
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Teig Tremmel
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Winckler Wise Witt
Metcalf,
Presiding

 


The nays were, none.

Absent or not voting, 3:
Hoversten Murphy Tymeson
The bill having received a constitutional majority was declared to have passed the House and the title was agreed to.

 


MOTION TO RECONSIDER WITHDRAWN
(Senate File 211)

Hansen of Pottawattamie asked and received unanimous consent
to withdraw the motion to reconsider Senate File 211, a bill for an
act relating to the powers and duties of the department of agriculture
and land stewardship, filed by him on April 24, 2001.

Rants of Woodbury asked and received unanimous consent for the
immediate consideration of Senate Files 480 and 524.

Unfinished Business Calendar

Senate File 480, a bill for an act directing the department of
education to establish a task force to conduct a comprehensive review
of the licensing of community college faculty, with report of
committee recommending amendment and passage, was taken up for
consideration.

Broers of Cerro Gordo offered the following amendment H-1426
filed by the committee on education and moved its adoption:

H-1426

1 Amend Senate File 480, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting after line 30 the
4 following:
5 " . One member who shall be employed by a
6 community college as an instructor in vocational
7 education and who shall be appointed by the director
8 of the department of education; and one member who
9 shall be employed by a community college as an
10 instructor in arts and science courses who shall be
11 appointed by the director of the department of
12 education. In making these appointments, the director
13 shall give consideration to enrollment, subject area,
14 and representation of different geographic regions."
15 2. By renumbering as necessary.

The committee amendment H-1426 was adopted.


Broers of Cerro Gordo moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.

On the question "Shall the bill pass?" (S.F. 480)

The ayes were, 96:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Falck
Fallon Finch Foege Ford
Frevert Garman Gipp Greimann
Grundberg Hahn Hansen Hatch
Heaton Hoffman Horbach Houser
Huseman Huser Jacobs Jenkins
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lensing
Manternach Mascher May Mertz
Millage Myers O'Brien Osterhaus
Petersen Quirk Raecker Rants
Rayhons Rekow Reynolds Richardson
Roberts Scherrman Schrader Seng
Shey Shoultz Siegrist, Spkr. Sievers
Smith Stevens Sukup Taylor, D.
Taylor, T. Teig Tremmel Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Winckler Wise Witt Metcalf,
Presiding

 


The nays were, none.

Absent or not voting, 4:
Hoversten Jochum Murphy Tymeson

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

Ways and Means Calendar

Senate File 524, a bill for an act providing assistance regarding
the development of grapes and wine and providing for tax revenue

and an appropriation, with report of committee recommending
passage, was taken up for consideration.

Brunkhorst of Bremer asked and received unanimous consent to
withdraw amendment H-1916 filed by him on May 2, 2001.

Broers of Cerro Gordo moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.

On the question "Shall the bill pass?" (S.F. 524)

The ayes were, 92:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Chiodo Cohoon
Cormack De Boef Dix Dolecheck
Dotzler Drake Eddie Eichhorn
Elgin Falck Fallon Finch
Foege Frevert Garman Gipp
Greimann Grundberg Hahn Hansen
Hatch Heaton Hoffman Horbach
Houser Huseman Jacobs Jenkins
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Manternach May Mertz
Millage Myers O'Brien Osterhaus
Petersen Quirk Raecker Rants
Rayhons Rekow Reynolds Richardson
Roberts Scherrman Schrader Seng
Shey Shoultz Siegrist, Spkr. Sievers
Smith Stevens Sukup Taylor, D.
Taylor, T. Teig Tremmel Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Winckler Wise Witt Metcalf,
Presiding

 


The nays were, 3:
Ford Huser Mascher

 


Absent or not voting, 5:
Carroll Connors Hoversten Murphy
Tymeson

 



The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

SENATE MESSAGE CONSIDERED

Senate File 543, by Iverson and Gronstal, a bill for an act making
changes to criminal sentences by permitting an aggravated
misdemeanor charge for certain burglary in the third degree criminal
offenses, by creating a sentence of a determinate term of confinement
and an additional indeterminate term of years for certain class "D"
felonies, by extending the length of time for reconsideration of certain
felony sentences, and providing penalties.

Read first time and referred to committee on judiciary.

MOTION TO RECONSIDER WITHDRAWN
(Senate File 535)

Rants of Woodbury asked and received unanimous consent to
withdraw the motion to reconsider Senate File 535, a bill for an act
relating to the funding of, operation of, and appropriation of moneys
to the college student aid commission, the department of cultural
affairs, the department of education, and the state board of regents,
filed by him on May 2, 2001.

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
File 349 and Senate Files 211, 480, 515, 524 and 535.

On motion by Rants of Woodbury, the House was recessed at 11:51
a.m., until 1:00 p.m.

AFTERNOON SESSION

The House reconvened at 1:07 p.m., Gipp of Winneshiek in the
chair.


QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-six members present,
twenty-four absent.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Falck of Fayette on request of Dotzler of Black Hawk.

CONSIDERATION OF BILLS
Ways and Means Calendar

House File 736, a bill for an act relating to the administration of
the tax and related laws by the department of revenue and finance,
including administration of state sales and use, real estate transfer,
environmental protection charge on petroleum diminution, property,
motor fuel, special fuel, and inheritance taxes, authorizing tax
agreements with Indian tribes, and including effective and
applicability date provisions, was taken up for consideration.

Eichhorn of Hamilton asked and received unanimous consent that
amendment H-1729 be deferred.

Eichhorn of Hamilton offered the following amendment H-1910
filed by him and moved its adoption:

H-1910

1 Amend House File 736 as follows:
2 1. Page 1, by striking lines 1 through 16.
3 2. Title page, line 6, by striking the words
4 "authorizing tax agreements with Indian tribes,".

Amendment H-1910 was adopted, placing amendment H-1729,
previously deferred, out of order.

Eichhorn of Hamilton moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.


On the question "Shall the bill pass?" (H.F. 736)

The ayes were, 93:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Fallon
Finch Foege Frevert Garman
Greimann Grundberg Hahn Hansen
Hatch Heaton Hoffman Horbach
Huseman Huser Jacobs Jenkins
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Myers
O'Brien Osterhaus Petersen Quirk
Raecker Rants Rayhons Rekow
Reynolds Richardson Roberts Scherrman
Seng Shey Shoultz Siegrist, Spkr.
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Teig Tremmel
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Winckler Wise Witt
Gipp,
Presiding

 


The nays were, none.

Absent or not voting, 7:
Falck Ford Houser Hoversten
Murphy Schrader Tymeson

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 736 be immediately messaged to the Senate.

The House stood at ease at 1:27 p.m., until the fall of the gavel.

The House resumed session at 6:37 p.m., Gipp of Winneshiek 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
May 3, 2001, amended and passed the following bill in which the concurrence of the
House is asked:

House File 637, a bill for an act relating to the responsibilities and duties of the
department of education, area education agencies, and the commission of libraries,
including the renaming of the regional library system, the appointment of trustees for
the library service area, and development of a biennial unified plan of service and
service delivery in consultation with library service areas and area education agency
media centers.

Also: That the Senate has on May 3, 2001, amended and passed the following bill in
which the concurrence of the House is asked:

House File 740, a bill for an act relating to the senior living program including
provisions relating to and making appropriations from the senior living trust fund to
the department of elder affairs and the department of human services, and including
effective date and retroactive applicability provisions.

Also: That the Senate has on May 3, 2001, passed the following bill in which the
concurrence of the House is asked:

Senate File 476, a bill for an act relating to the establishment of a student
achievement and teacher quality program.

Also: That the Senate has on May 3, 2001, adopted the following resolution in
which the concurrence of the House is asked:

Senate Concurrent Resolution 28, a concurrent resolution reminding Iowa's
congressional delegation to fund the federal financial commitment to states, localities,
and children with disabilities under the federal Individuals With Disabilities
Education Act.

MICHAEL E. MARSHALL, Secretary

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed eighty-three members present,
seventeen absent.


SENATE AMENDMENT CONSIDERED

Heaton of Henry called up for consideration House File 740, a bill
for an act relating to the senior living program including provisions
relating to and making appropriations from the senior living trust
fund to the department of elder affairs and the department of human
services, and including effective date and retroactive applicability
provisions, amended by the Senate, and moved that the House concur
in the following Senate amendment H-1979:

H-1979

1 Amend House File 740 as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 6, line 20, by inserting after the word
4 "costs." the following: "Any excess payment allowance
5 realized from the direct care cost component of the
6 modified price-based case-mix reimbursement shall be
7 expended to increase the compensation of direct care
8 workers or to increase the ratio of direct care
9 workers to residents."
10 2. Page 6, line 20, by inserting after the word
11 "costs." the following: "The department of human
12 services shall implement a new monitoring and
13 reporting system to assess compliance with the
14 provisions of this paragraph."
15 3. Page 6, line 31, by inserting after the word
16 "costs." the following: "Any excess payment allowance
17 realized from the nondirect care cost component of the
18 modified price-based case-mix reimbursement shall be
19 used to fund quality of life improvements."
20 4. Page 6, line 31, by inserting after the word
21 "costs." the following: "The department of human
22 services shall implement a new monitoring and
23 reporting system to assess compliance with the
24 provisions of this paragraph."
25 5. Page 11, line 2, by striking the figure "2000"
26 and inserting the following: "2001".
27 6. Page 12, by striking lines 21 through 25.
28 7. Title page, by striking lines 4 and 5, and
29 inserting the following: "department of human
30 services."
31 8. By renumbering, relettering, or redesignating
32 and correcting internal references as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-1979.


Heaton of Henry 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. 740)

The ayes were, 86:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Cormack De Boef Dix
Dolecheck Dotzler Drake Eddie
Eichhorn Elgin Fallon Finch
Foege Ford Frevert Garman
Greimann Grundberg Hahn Hansen
Hatch Heaton Hoffman Horbach
Huseman Huser Jacobs Jenkins
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Myers
Petersen Quirk Raecker Rants
Rayhons Rekow Reynolds Roberts
Seng Shey Siegrist, Spkr. Sievers
Smith Stevens Sukup Teig
Tremmel Tymeson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Winckler
Wise Gipp,
Presiding

 


The nays were, 7:
O'Brien Osterhaus Scherrman Schrader
Shoultz Taylor, D. Taylor, T.

 


Absent or not voting, 7:
Connors Falck Houser Hoversten
Murphy Richardson Witt

 


The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.


IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 740 be immediately messaged to the Senate.

Appropriations Calendar

Senate File 537, a bill for an act relating to and making
appropriations from the tobacco settlement endowment fund and the
healthy Iowans tobacco trust, establishing certain uses for the
appropriations, and providing effective dates, with report of
committee recommending passage, was taken up for consideration.

Seng of Scott offered the following amendment H-1830 filed by him
and moved its adoption:

H-1830

1 Amend Senate File 537, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 4, line 5, by striking the figure
4 "11,825,000" and inserting the following:
5 "11,900,000".
6 2. Page 5, by striking lines 17 through 25.
7 3. By renumbering as necessary.

Amendment H-1830 was adopted.

Heaton of Henry offered the following amendment H-1801 filed by
him and moved its adoption:

H-1801

1 Amend Senate File 537 as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 7, by striking lines 1 through 11, and
4 inserting the following:
5 "The moneys appropriated in this subsection shall
6 be used along with other appropriations made to the
7 Iowa empowerment fund and shall be distributed as
8 provided in 2001 Iowa Acts, Senate File 535, if
9 enacted by the Seventy-ninth General Assembly, 2001
10 session."
11 2. Page 8, line 10, by striking the word
12 "appropriated" and inserting the following:
13 "transferred".

14 3. Page 8, line 13, by inserting after the word
15 "and" the following: "appropriated or transferred".

Amendment H-1801 was adopted.

Heaton of Henry 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. 537)

The ayes were, 93:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Cormack De Boef Dix
Dolecheck Dotzler Drake Eddie
Eichhorn Elgin Fallon Finch
Foege Ford Frevert Garman
Greimann Grundberg Hahn Hansen
Hatch Heaton Hoffman Horbach
Huseman Huser Jacobs Jenkins
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Myers
O'Brien Osterhaus Petersen Quirk
Raecker Rants Rayhons Rekow
Reynolds Roberts Scherrman Schrader
Seng Shey Shoultz Siegrist, Spkr.
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Winckler Wise
Gipp,
Presiding

 


The nays were, none.

Absent or not voting, 7:
Connors Falck Houser Hoversten
Murphy Richardson Witt

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.


IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
Senate File 537 be immediately messaged to the Senate.

The House stood at ease at 7:19 p.m., until the fall of the gavel.

The House resumed session at 7:25 p.m., Speaker pro tempore
Sukup in the chair.

SENATE AMENDMENT CONSIDERED

Grundberg of Polk called up for consideration House File 670, a
bill for an act relating to practitioner preparation programs by
providing for the establishment of nontraditional practitioner
preparation and licensure and by providing for a study of practitioner
preparation programs, amended by the Senate amendment H-1937 as
follows:

H-1937

1 Amend House File 670, as amended, passed, and
2 reprinted by the House, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. Section 272.28 as enacted by 2001 Iowa
6 Acts, Senate File 476, or House File 672, is amended
7 by adding the following new subsection:
8 3. A teacher licensed pursuant to section 272.2,
9 subsection 13, paragraph "b", who meets the
10 requirements of section 272.2, subsection 13,
11 paragraph "c", is exempt from the requirement of
12 subsection 1.
13 Sec. 2. Section 284.7, as enacted by 2001 Iowa
14 Acts, Senate File 476, or House File 672, is amended
15 by adding the following new subsection:
16 NEW SUBSECTION. 6. The school district shall pay
17 an individual who is participating in a nontraditional
18 practitioner preparation internship program in
19 accordance with section 256.16, subsection 3, and who
20 is employed by the district as a teacher, a minimum
21 salary of not less than sixty percent of the salary
22 paid to a first-year beginning teacher, and shall
23 provide the individual with the same health or medical
24 insurance coverage offered to all full-time teachers
25 employed by the district.
26 Sec. 3. Section 256.7, Code 2001, is amended by

27 adding the following new subsection:
28 NEW SUBSECTION. 25. Prescribe standards and
29 procedures for the approval of nontraditional
30 practitioner preparation internship programs to be
31 offered by practitioner preparation institutions in
32 this state in accordance with section 272.2,
33 subsection 13.
34 Sec. 4. Section 256.16, Code 2001, is amended by
35 adding the following new subsection:
36 NEW SUBSECTION. 3. a. The state board shall
37 adopt rules requiring that all higher education
38 institutions providing a nontraditional practitioner
39 preparation internship program, at a minimum, meet the
40 standards and comply with the standards established
41 pursuant to section 256.7, subsection 25. A
42 nontraditional practitioner preparation internship
43 program is exempt from the student teaching or field
44 experience requirements of section 272.25. A
45 nontraditional practitioner preparation internship
46 program shall include coursework in education theory,
47 instructional methods, classroom management, and
48 practice teaching. The program shall consist of two
49 twelve-semester-hour, or the trimester or quarter
50 equivalent, courses of study.

Page 2

1 b. The institution providing the nontraditional
2 practitioner preparation internship program shall
3 enter into a written agreement with a school district,
4 under terms and conditions as agreed upon by the
5 contracting parties, providing that the school
6 district will provide interns seeking a nontraditional
7 conditional teaching license with a one-year classroom
8 teaching experience in which the intern team teaches
9 with a practitioner, who is licensed in accordance
10 with chapter 272, and who shall be responsible for the
11 management of the classroom until the intern receives
12 a nontraditional conditional teaching license.
13 Interns teaching in a school district under the terms
14 of such a contract are entitled to the same protection
15 under section 670.8, as is afforded by that section to
16 officers and other employees of the school district,
17 during the time they are so assigned.
18 c. An individual must successfully complete the
19 first course of study prior to receiving a
20 nontraditional conditional license pursuant to section
21 272.2, subsection 13, paragraphs "a" and "b".
22 However, an intern shall not be issued a
23 nontraditional conditional license to teach until the
24 intern successfully completes the one-year classroom
25 teaching experience, except as provided in paragraph

26 "d".
27 d. Except as provided in section 272.6, if the
28 institution providing the approved internship program
29 and the school district employing an intern submit to
30 the board of educational examiners a recommendation
31 for licensure of the intern, and the intern has
32 completed at least six weeks of the classroom teaching
33 experience, the intern shall be issued a
34 nontraditional conditional teaching license by the
35 board of educational examiners.
36 e. Prior to licensure as an administrator or a
37 provisional teacher, unless the requirement is waived
38 in accordance with this subsection for interns seeking
39 licensure under section 272.2, subsection 13,
40 paragraph "b", an individual shall successfully
41 complete the second twelve-semester-hour, or the
42 trimester or quarter equivalent, course of study in
43 accordance with section 272.2, subsection 13. The
44 institution providing the approved practitioner
45 preparation internship program may waive all or part
46 of the second course of an intern's study based upon
47 the institution's comprehensive evaluation of the
48 intern.
49 f. The institution that delivers the coursework to
50 a practitioner pursuant to this subsection shall,

Page 3

1 along with the school district that employs the
2 conditional practitioner, supervise the conditional
3 practitioner during the practitioner's year of
4 employment under a nontraditional conditional license,
5 and shall, in consultation with the practitioner's
6 evaluator at the school district of employment, submit
7 to the board of educational examiners a comprehensive
8 evaluation of the practitioner's performance by July 1
9 following the practitioner's year of employment under
10 a nontraditional conditional license. If the
11 comprehensive evaluation establishes that the
12 conditional practitioner's performance fails to meet
13 the standards of the approved nontraditional
14 practitioner preparation internship program, the
15 individual shall not be admitted to a second course of
16 study offered by an approved nontraditional
17 practitioner preparation internship program.
18 g. The tuition charged by an institution for
19 participation in an approved nontraditional
20 practitioner preparation internship program shall not
21 exceed the resident tuition rate for one full-time
22 semester of study established for institutions of
23 higher learning under the control of the state board
24 of regents.

25 Sec. 5. Section 272.1, Code 2001, is amended by
26 adding the following new subsection:
27 NEW SUBSECTION. 5A. "Nontraditional conditional
28 license" means the authority that is given to allow a
29 person to legally serve as a practitioner on a
30 temporary basis while the person completes a
31 nontraditional practitioner preparation internship
32 program.
33 Sec. 6. Section 272.2, subsection 13, Code 2001,
34 is amended to read as follows:
35 13. Adopt rules to provide for nontraditional
36 preparation and licensing options for licensing
37 persons who hold, at a minimum, a bachelor's degree
38 from an accredited college or university, but who do
39 not meet other requirements for licensure. At a
40 minimum, the rules shall provide for the following:
41 a. An individual who possesses at least a master's
42 degree in business administration, public
43 administration, or a comparable degree, or who
44 possesses at least a bachelor's degree from an
45 accredited postsecondary institution and life
46 experience equivalent to a master's degree in a
47 management field as determined by rule, and who has
48 been employed for at least ten of the last fifteen
49 years in a management position, may be issued a one-
50 year, nonrenewable, nontraditional conditional

Page 4

1 administrator's license if the individual successfully
2 completes a nontraditional practitioner preparation
3 internship program in accordance with section 256.16,
4 subsection 3. An individual may be issued an
5 administrator's license if the individual successfully
6 completes one year of employment as an administrator
7 under a nontraditional conditional license and
8 successfully completes the second course of study set
9 forth in section 256.16, subsection 3. However, an
10 individual licensed pursuant to this paragraph shall
11 be licensed only to serve as an administrator in a
12 school district with an actual enrollment of five
13 thousand five hundred or more pupils.
14 b. An individual who possesses at least a
15 bachelor's degree from an accredited postsecondary
16 institution, who has been employed for at least five
17 consecutive years in an area requiring knowledge and
18 practical application of the individual's
19 postsecondary academic background, who can document,
20 to the satisfaction of the state board of educational
21 examiners, successful experience working with
22 children, may be issued a one-year, nonrenewable
23 nontraditional conditional license to teach students

24 in grades nine through twelve in the area of the
25 individual's academic background and employment
26 experience if the individual meets the requirements of
27 section 256.16, subsection 3. In addition to these
28 requirements, an individual seeking a nontraditional
29 conditional license to teach special education
30 students in grades nine through twelve shall document,
31 to the satisfaction of the state board of educational
32 examiners, five years of successful experience working
33 with children requiring special education. An
34 individual may be issued a provisional license to
35 teach students in grades nine through twelve in the
36 area of the individual's academic background and
37 employment experience if the individual successfully
38 completes one year of teaching under a nontraditional
39 conditional license and successfully completes the
40 second course of study set forth in section 256.16,
41 subsection 3.
42 c. A person issued a nontraditional conditional or
43 provisional teaching license pursuant to paragraph "b"
44 shall successfully complete, at a minimum, a one-year
45 beginning teacher mentoring and induction program.
46 However, a school district may offer the individual a
47 second year of participation in the program if, after
48 conducting a comprehensive evaluation, the school
49 district determines that the individual is likely to
50 successfully complete the mentoring and induction

Page 5

1 program by the end of the second year.
2 d. An approved nontraditional practitioner
3 preparation internship program, and the school
4 district or accredited nonpublic school with which the
5 institution administering the program has a written
6 agreement in accordance with section 256.16,
7 subsection 3, shall provide information to the board
8 and any documentation regarding the student's
9 participation in the program that the board may
10 reasonably request.
11 Sec. 7. Section 272.2, Code 2001, is amended by
12 adding the following new subsection:
13 NEW SUBSECTION. 16. a. Administer the Praxis II
14 examination for knowledge of pedagogies and for not
15 more than one content area to each individual who is
16 applying for a nontraditional conditional license in
17 accordance with subsection 13, paragraph "b".
18 b. Examination fees for the examination required
19 under this subsection shall be paid by the board.
20 Costs incurred for additional content area
21 examinations shall be paid by the applicant.
22 c. The results of the examinations administered

23 pursuant to paragraph "a" shall be separately
24 maintained from the results of any examinations
25 administered to traditionally prepared students.
26 d. This subsection is repealed effective June 30,
27 2003.
28 Sec. 8. DEPARTMENTAL STUDIES. The department of
29 education shall do the following:
30 1. Compile and report, in consultation with the
31 board of educational examiners, information relating
32 to nontraditional practitioner preparation internship
33 programs, including the number of programs available
34 and geographic areas in which they are available, the
35 number of individuals who apply for a nontraditional
36 conditional license, the number of individuals
37 possessing a nontraditional conditional license who
38 apply for a provisional license, the subject areas in
39 which persons who possess nontraditional conditional
40 licenses are teaching and where they are teaching.
41 The department shall submit its findings and
42 recommendations in a report to the senate and house of
43 representatives standing committees on education by
44 December 1, 2002.
45 2. Analyze and compare, in consultation with the
46 board of educational examiners, the requirements for
47 practitioner licensure or endorsement that require a
48 master's degree and the master's degree requirements
49 established by approved practitioner preparation
50 graduate programs. The institutions offering approved

Page 6

1 practitioner preparation programs shall submit
2 information to the department as requested by the
3 department. The department shall submit its findings
4 and recommendations in a report to the senate and
5 house of representatives standing committees on
6 education by December 1, 2001."
7 2. By renumbering as necessary.

Rants of Woodbury asked and received unanimous consent that
House File 670 be temporarily deferred and retain its place on the
calendar.

SENATE MESSAGE CONSIDERED

Senate File 476, by committee on education, a bill for an act
relating to the establishment of a student achievement and teacher
quality program.

Read first time and passed on file.

SENATE AMENDMENTS CONSIDERED

Heaton of Henry called up for consideration House File 732, a bill
for an act relating to appropriations for the department of human
services and including other provisions and appropriations involving
human services and health care, and providing effective dates,
amended by the Senate amendment H-1855 as follows:

H-1855

1 Amend House File 732, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 4, line 32, by inserting after the word
4 "outcomes." the following: "Grants shall comply with
5 the requirements provided in 1997 Iowa Acts, chapter
6 208, section 14, subsections 1 and 2, including the
7 requirement that grant programs must emphasize sexual
8 abstinence."
9 2. Page 6, lines 5 and 6, by striking the words
10 "leaders of faith-based organizations to utilize" and
11 inserting the following: "individuals who are
12 authorized to solemnize a marriage under section
13 595.10 in utilizing".
14 3. Page 6, lines 7 and 8, by striking the words
15 "the respective faith-based organization" and
16 inserting the following: "such individuals".
17 4. Page 6, by inserting after line 26, the
18 following:
19 "18. The department shall report on or before
20 December 15, 2001, to the governor and to the persons
21 designated by this Act to receive reports providing a
22 detailed analysis as to how federal temporary
23 assistance for needy families block grant funding was
24 expended during the previous fiscal year to achieve
25 the four purposes for the funding as outlined in 42
26 U.S.C. § 601(a). For each category of expenditure,
27 the analysis shall identify which of the four purposes
28 was addressed and the amount expended."
29 5. Page 12, by inserting after line 15, the
30 following:
31 "d. For the food stamp employment and training
32 program:
33 $ 150,000"
34 6. Page 23, line 28, by striking the word
35 "(NSAIDS)".
36 7. Page 25, by inserting after line 32 the
37 following:
38 "In any managed care contract for mental health or
39 substance abuse services entered into or extended by
40 the department on or after July 1, 2001, the request

41 for proposals shall provide for coverage of dual
42 diagnosis mental health and substance abuse treatment
43 provided at the state mental health institute at Mount
44 Pleasant. To the extent possible, the department
45 shall also amend any such contract existing on July 1,
46 2001, to provide for such coverage."
47 8. Page 29, by striking lines 10 through 12.
48 9. Page 36, by inserting after line 30, the
49 following:
50 " . Of the funds appropriated in this section,

Page 2

1 the department shall use $700,000 for day treatment
2 and aftercare services for juvenile females with
3 provider selection made through a request for
4 proposals process. The goal of providing the services
5 is to ensure permanency, safety, and self-sufficiency
6 for juvenile females."
7 10. Page 38, by striking lines 5 and 6 and
8 inserting the following:
9 "Sec. 17. COMMUNITY-BASED PROGRAMS.
10 There is appropriated from the general fund of".
11 11. Page 58, by inserting after line 24 the
12 following:
13 " . The department of human services shall
14 review the disparity between the compensation provided
15 to public employees who provide child welfare services
16 relative to employees of private providers who have
17 qualifications or job responsibilities that are
18 comparable to the public employees. The department
19 shall submit to the governor and to those persons
20 designated by this Act to be provided with reports, a
21 report of its review, including findings and a plan
22 for reducing the disparity."
23 12. Page 62, by striking lines 11 through 18, and
24 inserting the following:
25 "b. The department of inspections and appeals may
26 provide access to the single contact repository
27 established under section 135C.33, subsection 6, for
28 criminal and abuse history checks made by those
29 employers, agencies, and other persons that are
30 authorized access to child abuse information under
31 section 235A.15 and are required by law to perform
32 such checks."
33 13. Page 63, by inserting after line 35 the
34 following:
35 "Sec. . Section 426B.2, subsection 3, Code
36 2001, is amended to read as follows:
37 3. The director of human services shall draw
38 warrants on the property tax relief fund, payable to
39 the county treasurer in the amount due to a county in

40 accordance with subsection 1 and mail the warrants to
41 the county auditors in September July and March
42 January of each year."
43 14. Page 64, by striking lines 20 through 28 and
44 inserting the following:
45 "Sec. 101. 2000 Iowa Acts, chapter 1232, section
46 1, is amended to read as follows:
47 SECTION 1. COUNTY MENTAL HEALTH, MENTAL
48 RETARDATION, AND DEVELOPMENTAL DISABILITIES ALLOWED
49 GROWTH FACTOR ADJUSTMENT AND ALLOCATIONS. There is
50 appropriated from the general fund of the state to the

Page 3

1 department of human services for the fiscal year
2 beginning July 1, 2001, and ending June 30, 2002, the
3 following amount, or so much thereof as is necessary,
4 to be used for the purpose designated:
5 For distribution to counties of the county mental
6 health, mental retardation, and developmental
7 disabilities allowed growth factor adjustment, in
8 accordance with section 331.438, subsection 2, and
9 section 331.439, subsection 3, and chapter 426B in
10 accordance with law:
11 $ 26,492,712
12 24,887,428
13 The funding appropriated in this section is the
14 allowed growth factor adjustment for fiscal year 2001-
15 2002, and is allocated as follows:
16 1. For distribution to counties for fiscal year
17 2001-2002 in accordance with the formula in section
18 331.438, subsection 2, paragraph "b":
19 $ 12,000,000
20 2. For deposit in the per capita expenditure
21 target pool created in the property tax relief fund
22 pursuant to section 426B.5, subsection 1:
23 $ 10,492,712
24 12,492,712
25 In addition to the requirement of section 426B.5,
26 subsection 1, paragraph "c", limiting eligibility for
27 moneys appropriated in this paragraph to counties
28 levying the maximum amount allowed, both of the
29 following eligibility requirements are applicable:
30 a. In the fiscal year beginning July 1, 2000, the
31 county's services fund ending balance under generally
32 accepted accounting principles was equal to or less
33 than 35 percent of the county's projected expenditures
34 for that fiscal year.
35 b. The county is in compliance with the filing
36 date requirements under section 331.403.
37 3. For deposit in the incentive and efficiency
38 pool created in the property tax relief fund pursuant

39 to section 426B.5, subsection 2:
40 $ 2,000,000
41 4. 3. For deposit in the risk pool created in the
42 property tax relief fund pursuant to section 426B.5,
43 subsection 3:
44 $ 2,000,000
45 394,716
46 Sec. . COUNTY MENTAL HEALTH, MENTAL
47 RETARDATION, AND DEVELOPMENTAL DISABILITIES (MH/MR/DD)
48 ALLOWED GROWTH FACTOR ADJUSTMENT AND ALLOCATIONS -
49 REVISED ALLOCATIONS FOR FY 2001-2002.
50 1. Notwithstanding any contrary provisions of

Page 4

1 sections 225C.7, 331.438, subsection 2, 331.439,
2 subsection 3, and 426B.5, and 2000 Iowa Acts, chapter
3 1232, section 1, as amended by this Act, the moneys
4 appropriated in this Act, for distribution to counties
5 in the fiscal year beginning July 1, 2001, for
6 purposes of the mental health and developmental
7 disabilities (MH/DD) community services fund under
8 section 225C.7, and for the allowed growth factor
9 adjustment for services paid under a county's section
10 331.424A mental health, mental retardation, and
11 developmental disabilities services fund shall be
12 subject to withholding as provided in this section.
13 2. After applying the applicable statutory
14 distribution formulas to the amounts specified in the
15 appropriations made in this Act for the MH/DD
16 community services fund and for allowed growth in
17 section 101, as amended by this Act, the department of
18 human services shall apply a withholding factor to
19 adjust the actual amount of the funding to be
20 distributed to an eligible individual county. An
21 ending balance percentage for each county shall be
22 determined by calculating the county's ending balance
23 on a modified accrual basis under generally accepted
24 accounting principles for the fiscal year beginning
25 July 1, 2000, in the county's mental health, mental
26 retardation, and developmental disabilities services
27 fund created under section 331.424A, as a percentage
28 of the county's gross expenditures from that fund for
29 the fiscal year. The withholding factor for a county
30 shall be the following applicable percent:
31 a. For an ending balance percentage of less than
32 15 percent, a withholding factor of 0 percent.
33 b. For an ending balance percentage of 15 through
34 24 percent, a withholding factor of 12.8 percent.
35 c. For an ending balance percentage of 25 through
36 34 percent, a withholding factor of 35 percent.
37 d. For an ending balance percentage of 35 through

38 44 percent, a withholding factor of 67.25 percent.
39 e. For an ending balance percentage of 45 percent
40 or more, a withholding factor of 100 percent.
41 3. The total withholding amounts applied pursuant
42 to subsection 2 shall be equal to a withholding target
43 amount of $15,554,307 and the appropriations made in
44 this Act for the MH/DD community services fund and for
45 MH/MR/DD allowed growth as amended in section 101 of
46 this Act, shall each be reduced by 50 percent of the
47 withholding target amount. If the department of human
48 services determines that the amount to be withheld in
49 accordance with subsection 2 is not equal to the
50 target withholding amount, the department shall adjust

Page 5

1 the ending balance percentage ranges listed in
2 subsection 2, as necessary to achieve the withholding
3 target amount.
4 4. Only those counties that are in compliance with
5 the December 1, 2001, filing deadline for the county
6 annual financial report in accordance with section
7 331.403 are eligible to receive a funding distribution
8 under this section. The amount that would otherwise
9 be available for distribution to a county that fails
10 to so comply shall be proportionately distributed
11 among the eligible counties.
12 5. The department of human services shall
13 authorize the issuance of warrants payable to the
14 county treasurer for the distribution amounts due to
15 the counties eligible under this section and
16 notwithstanding prior practice for the MH/DD community
17 services fund, the warrants shall be issued in January
18 2002."
19 15. Page 65, by inserting after line 30 the
20 following:
21 "2. Upon submission to the persons designated by
22 this Act for receiving reports of a report describing
23 the transfers being made, the department may transfer
24 up to $2,500,000 to the appropriation in this Act for
25 general administration from moneys that are budgeted
26 for purchase of equipment in other appropriations made
27 to the department in this Act."
28 16. By striking page 66, line 31 through page 67,
29 line 1.
30 17. By renumbering, relettering, or redesignating
31 and correcting internal references as necessary.

Heaton of Henry offered the following amendment H-1934, to the
Senate amendment H-1855, filed by him and moved its adoption:


H-1934

1 Amend the Senate amendment, H-1855, to House File
2 732, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 2, by inserting after line 10, the
5 following:
6 " . Page 50, by striking lines 31 through 35,
7 and inserting the following: "assistance for state
8 child protection staff and for services and activities
9 currently funded with juvenile court services, county,
10 or community moneys and state moneys used in
11 combination with such moneys."
12 " . Page 51, lines 9 and 10, by striking the
13 words "child protection"."
14 2. Page 2, by inserting after line 22, the
15 following:
16 " . Page 58, line 33, by inserting after the
17 word "funding" the following: "or to implement, in
18 accordance with this Act, targeted case management for
19 child protection and for activities currently funded
20 with juvenile court services, county, or community
21 moneys and state moneys used in combination with such
22 moneys"."
23 3. By renumbering as necessary.

Amendment H-1934 was adopted.

Carroll of Poweshiek offered the following amendment H-1982, to
the Senate amendment H-1855, filed by him from the floor and moved
its adoption:

H-1982

1 Amend the Senate amendment, H-1855, to House File
2 732, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 4, by striking lines 46 and 47, and
5 inserting the following: "this Act, shall be reduced
6 by the amounts necessary to attain the withholding
7 target amount. If the department of human".
8 2. Page 5, by striking lines 1 through 3, and
9 inserting the following: "the withholding factors
10 listed in subsection 2 as necessary to achieve the
11 withholding target amount. However, in making such
12 adjustments to the withholding factors the department
13 shall strive to minimize changes to the withholding
14 factors for those ending balance percentage ranges
15 that are lower than others and shall not adjust the
16 zero withholding factor specified in subsection 2,
17 paragraph "a"."

Amendment H-1982 was adopted.

On motion by Heaton of Henry the House concurred in the Senate
amendment H-1855, as amended.

Heaton of Henry 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. 732)

The ayes were, 55:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Brunkhorst Carroll
Cormack De Boef Dix Dolecheck
Drake Eddie Eichhorn Elgin
Finch Garman Gipp Grundberg
Hahn Hansen Heaton Hoffman
Horbach Houser Huseman Jacobs
Jenkins Johnson Kettering Klemme
Larson Manternach Metcalf Millage
Raecker Rants Rayhons Rekow
Roberts Shey Siegrist, Spkr. Sievers
Teig Tymeson Tyrrell Van Engelenhoven
Van Fossen Weidman Sukup,
Presiding

 


The nays were, 41:
Atteberry Bell Bukta Chiodo
Cohoon Dotzler Fallon Foege
Ford Frevert Greimann Hatch
Huser Jochum Kreiman Kuhn
Larkin Lensing Mascher May
Mertz Myers O'Brien Osterhaus
Petersen Quirk Reynolds Richardson
Scherrman Schrader Seng Shoultz
Smith Stevens Taylor, D. Taylor, T.
Tremmel Warnstadt Winckler Wise
Witt

 


Absent or not voting, 4:
Connors Falck Hoversten Murphy

 



The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 732 be immediately messaged to the Senate.

Dotzler of Black Hawk called up for consideration House File 695,
a bill for an act relating to the school-to-career program, amended by
the Senate, and moved that the House concur in the following Senate
amendment H-1958:

H-1958

1 Amend House File 695, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, line 24, by inserting after the word
4 "subsection" the following: "if tuition is included
5 as part of a stipend paid by the employer to a
6 participant and can be identified as such".
7 2. Page 1, line 33, by striking the word
8 "nonpaid".
9 3. Page 2, line 3, by striking the word
10 "nonpaid".

The motion prevailed and the House concurred in the Senate
amendment H-1958.

Dotzler of Black Hawk 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. 695)

The ayes were, 95:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Cormack De Boef Dix
Dolecheck Dotzler Drake Eddie
Eichhorn Elgin Fallon Finch
Foege Ford Frevert Garman
Gipp Greimann Grundberg Hahn
Hansen Hatch Heaton Hoffman
Horbach Houser Huseman Huser
Jacobs Jenkins Jochum Johnson
Kettering Klemme Kreiman Kuhn
Larkin Larson Lensing Manternach
Mascher May Mertz Metcalf
Millage O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
Rekow Reynolds Richardson Roberts
Scherrman Schrader Seng Shey
Shoultz Siegrist, Spkr. Sievers Smith
Stevens Taylor, D. Taylor, T. Teig
Tremmel Tymeson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Winckler
Wise Witt Sukup,
Presiding

 


The nays were, none.

Absent or not voting, 5:
Connors Falck Hoversten Murphy
Myers

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 695 be immediately messaged to the Senate.

Grundberg of Polk called up for consideration House File 670, a
bill for an act relating to practitioner preparation programs by
providing for the establishment of nontraditional practitioner
preparation and licensure and by providing for a study of practitioner
preparation programs, amended by the Senate amendment H-1937,
previously deferred and found on pages 1827 through 1832 of the
House Journal.

Grundberg of Polk offered the following amendment H-1987, to the
Senate amendment H-1937, filed by her from the floor and moved its
adoption:


H-1987

1 Amend the Senate amendment, H-1937, to House File
2 670, as amended, passed, and reprinted by the House,
3 as follows:
4 1. By striking page 1, line 13 through page 5,
5 line 8, and inserting the following:
6 "Sec. . Section 256.7, Code 2001, is amended by
7 adding the following new subsection:
8 NEW SUBSECTION. 25. Prescribe standards and
9 procedures for the approval by the state board of
10 nontraditional practitioner and administrator
11 preparation internship programs to be offered by
12 practitioner preparation institutions.
13 Sec. . Section 256.16, Code 2001, is amended by
14 adding the following new subsections:
15 NEW SUBSECTION. 3. a. The state board shall
16 adopt rules requiring that practitioner preparation
17 institutions, which provide a nontraditional
18 practitioner preparation internship program, at a
19 minimum, meet the standards and comply with the
20 standards established pursuant to section 256.7,
21 subsection 25. A nontraditional practitioner
22 preparation internship program is exempt from the
23 student teaching or field experience requirements of
24 section 272.25. A nontraditional practitioner
25 preparation internship program shall include
26 coursework in education theory, instructional methods,
27 and classroom management. The program shall consist
28 of two twelve-semester-hour, or the trimester or
29 quarter equivalent, courses of study.
30 b. The institution providing the nontraditional
31 practitioner preparation internship program shall
32 enter into a written agreement with a school district,
33 under terms and conditions as agreed upon by the
34 contracting parties, providing that the school
35 district will provide interns seeking a nontraditional
36 conditional teaching license with a one-year classroom
37 teaching experience. The intern must successfully
38 complete the first twelve-semester-hour, or the
39 trimester or quarter equivalent, course of study prior
40 to beginning the one-year classroom teaching
41 experience. Interns teaching in a school district
42 under the terms of such a contract are entitled to the
43 same protection under section 670.8, as is afforded by
44 that section to officers and other employees of the
45 school district, during the time they are so assigned.
46 c. Upon completion of the first twelve-semester-
47 hour, or the trimester or quarter equivalent, course
48 of study, the institution providing the approved
49 nontraditional practitioner preparation internship
50 program shall submit to the board of educational

Page 2

1 examiners a recommendation for licensure of the intern
2 pursuant to section 272.2, subsection 13, paragraph
3 "b". If the institution recommends licensure, the
4 intern shall be issued a nontraditional conditional
5 teaching license by the board of educational
6 examiners. However, the provisions of section 272.6
7 shall apply.
8 d. Prior to licensure as a provisional teacher,
9 unless the requirement is waived in accordance with
10 this subsection for interns seeking licensure under
11 section 272.2, subsection 13, paragraph "b", an
12 individual shall successfully complete the second
13 twelve-semester-hour, or the trimester or quarter
14 equivalent, course of study. The institution
15 providing the approved nontraditional practitioner
16 preparation internship program may waive all or part
17 of the second course of an intern's study based upon
18 the institution's comprehensive evaluation of the
19 intern.
20 f. During the first nine weeks of employment, the
21 practitioner preparation institution shall monitor the
22 performance of the intern. The institution that
23 delivers the coursework to a practitioner pursuant to
24 this subsection shall, along with the school district
25 that employs the conditional practitioner, supervise
26 the conditional practitioner during the practitioner's
27 year of employment under a nontraditional conditional
28 license, and shall, in consultation with the
29 practitioner's evaluator at the school district of
30 employment, submit to the board of educational
31 examiners a comprehensive evaluation of the
32 practitioner's performance sixty days prior to the
33 expiration of the nontraditional conditional license.
34 If the comprehensive evaluation establishes that the
35 conditional practitioner's performance fails to meet
36 the standards of the approved nontraditional
37 practitioner preparation internship program, the
38 individual shall not be admitted to a second course of
39 study offered by an approved nontraditional
40 practitioner preparation internship program.
41 NEW SUBSECTION. 4. a. The state board shall
42 adopt rules requiring that practitioner preparation
43 institutions which provide a nontraditional
44 administrator preparation internship program, at a
45 minimum, meet the standards and comply with the
46 standards established pursuant to section 256.7,
47 subsection 25. A nontraditional administrator
48 preparation internship program shall include
49 coursework in education management, governance
50 organization, and planning. The program shall consist

Page 3

1 of two twelve-semester-hour, or the trimester or
2 quarter equivalent, courses of study.
3 b. The institution providing the nontraditional
4 administrator preparation internship program shall
5 enter into a written agreement with the board of
6 directors of a school district, under terms and
7 conditions as agreed upon by the contracting parties,
8 providing that the school district will provide
9 interns seeking a nontraditional conditional
10 administrator license with one year of administrative
11 experience. Interns employed under the written
12 agreement are entitled to the same protection under
13 section 670.8, as is afforded by that section to
14 officers and other employees of the school district,
15 during the time they are so assigned.
16 c. Upon completion of the first twelve-semester-
17 hour, or the trimester or quarter equivalent, course
18 of study, the institution providing the approved
19 nontraditional administrator preparation internship
20 program shall submit to the board of educational
21 examiners a recommendation for licensure of the intern
22 pursuant to section 272.2, subsection 13, paragraph
23 "a". If the institution recommends licensure, the
24 intern shall be issued a nontraditional conditional
25 license by the board of educational examiners.
26 However, section 272.6 shall apply.
27 d. Prior to licensure as an administrator, unless
28 the requirement is waived in accordance with this
29 subsection for interns seeking licensure under section
30 272.2, subsection 13, paragraph "a", an individual
31 shall successfully complete the second twelve-
32 semester-hour, or the trimester or quarter equivalent,
33 course of study. The institution providing the
34 approved nontraditional administrator preparation
35 internship program may waive all or part of the second
36 course of an intern's study based upon the
37 institution's comprehensive evaluation of the intern.
38 f. The institution that delivers the coursework to
39 an intern pursuant to this subsection shall supervise
40 the conditional administrator during the intern's year
41 of employment under a nontraditional conditional
42 license, and shall, in consultation with the board of
43 directors of the school district of employment, submit
44 to the board of educational examiners a comprehensive
45 evaluation of the intern's performance sixty days
46 prior to the expiration of the nontraditional
47 conditional license. If the comprehensive evaluation
48 establishes that the intern's performance fails to
49 meet the standards of the approved nontraditional
50 administrator preparation internship program, the

Page 4

1 individual shall not be admitted to a second course of
2 study offered by an approved nontraditional
3 administrator preparation internship program.
4 Sec. . Section 272.1, Code 2001, is amended by
5 adding the following new subsection:
6 NEW SUBSECTION. 5A. "Nontraditional conditional
7 license" means the authority that is given to allow a
8 person to legally serve as a teacher or administrator
9 on a temporary basis while the person completes a
10 nontraditional practitioner preparation internship
11 program.
12 Sec. . Section 272.2, subsection 13, Code 2001,
13 is amended to read as follows:
14 13. Adopt rules to provide for nontraditional
15 preparation licensing options for licensing persons
16 who hold, at a minimum, a bachelor's degree from an
17 accredited college or university, but who do not meet
18 other requirements for licensure. At a minimum, the
19 rules shall provide for the following:
20 a. An individual who possesses at least a master's
21 degree in business administration, public
22 administration, or a comparable degree, or who
23 possesses at least a bachelor's degree from an
24 accredited postsecondary institution and life
25 experience equivalent to a master's degree in a
26 management field as determined by rule, and who has
27 been employed for at least ten of the last fifteen
28 years in a management position, may be issued a one-
29 year, nonrenewable, nontraditional conditional
30 administrator's license if the individual successfully
31 completes a nontraditional administrator preparation
32 internship program in accordance with section 256.16,
33 subsection 3. An individual may be issued an
34 administrator's license if the individual successfully
35 completes one year of employment as an administrator
36 under a nontraditional conditional license and
37 successfully completes the second course of study set
38 forth in section 256.16, subsection 3. However, an
39 individual licensed pursuant to this paragraph shall
40 be licensed only to serve as a superintendent in a
41 school district with an actual enrollment of five
42 thousand five hundred or more pupils, at the time of
43 signing the initial contract for employment as a
44 superintendent.
45 b. An individual who possesses at least a
46 bachelor's degree from an accredited postsecondary
47 institution, who has been employed for at least five
48 consecutive years in an area requiring knowledge and
49 practical application of the individual's
50 postsecondary academic background, who can document,

Page 5

1 to the satisfaction of the board of educational
2 examiners, successful experience working with
3 children, may be issued a one-year, nonrenewable
4 nontraditional conditional license to teach students
5 in grades nine through twelve in the area of the
6 individual's academic background and employment
7 experience, in the vocational education field or
8 subject area or in a shortage area as determined by
9 the department, if the individual meets the
10 requirements of section 256.16, subsection 3. In
11 addition to these requirements, an individual seeking
12 a nontraditional conditional license to teach special
13 education students in grades nine through twelve shall
14 document, to the satisfaction of the board of
15 educational examiners, five years of successful
16 experience working with children requiring special
17 education. An individual may be issued a provisional
18 license to teach students in grades nine through
19 twelve in the area of the individual's academic
20 background and employment experience if the individual
21 successfully completes one year of teaching under a
22 nontraditional conditional license and successfully
23 completes the second course of study set forth in
24 section 256.16, subsection 3.
25 c. A person issued a provisional teaching license
26 pursuant to paragraph "b" shall successfully complete,
27 at a minimum, a one-year beginning teacher mentoring
28 and induction program.
29 d. An approved nontraditional practitioner or
30 administrator preparation internship program, and the
31 school district with which the institution
32 administering the program has a written agreement in
33 accordance with section 256.16, subsection 3, shall
34 provide information to the board and any documentation
35 regarding the intern's."

Amendment H-1987 was adopted.

The House stood at ease at 8:05 p.m., until the fall of the gavel.

The House resumed session at 8:32 p.m., Dix of Butler in the chair.

Wise of Lee offered the following amendment H-1992, to the
Senate amendment H-1987, filed by him, Bukta of Clinton, Cohoon of
Des Moines, Greimann of Story, Lensing of Johnson, Mascher of
Johnson, Petersen of Polk, Stevens of Dickinson and Winckler of Scott
from the floor and moved its adoption:

H-1992

1 Amend the amendment, H-1987, to the Senate
2 amendment, H-1937, to House File 670, as amended,
3 passed, and reprinted by the House, as follows:
4 1. Page 1, line 4, by striking the figure "13"
5 and inserting the following: "5".
6 2. Page 5, line 27, by striking the word "one-
7 year" and inserting the following: "two-year".

Amendment H-1992 was adopted.

Speaker Siegrist in the chair at 9:14 p.m.

On motion by Grundberg of Polk the House concurred in the
Senate amendment H-1937, as amended.

Grundberg of Polk moved that the bill, as amended by the Senate,
further amended and concurred in by the House, be read a last time
now and placed upon its passage which motion prevailed and the bill
was read a last time.

On the question "Shall the bill pass?" (H.F. 670)

The ayes were, 52:
Alons Barry Baudler Boal
Boddicker Boggess Bradley Brauns
Broers Brunkhorst Carroll Cormack
De Boef Dix Dolecheck Drake
Eddie Eichhorn Elgin Fallon
Finch Grundberg Hahn Hansen
Heaton Hoffman Horbach Houser
Huseman Jacobs Jenkins Johnson
Kettering Klemme Larson Manternach
Metcalf Millage Raecker Rants
Rayhons Rekow Shey Sievers
Sukup Teig Tymeson Tyrrell
Van Engelenhoven Van Fossen Weidman Mr. Speaker
Siegrist

 


The nays were, 41:
Arnold Atteberry Bukta Chiodo
Cohoon Dotzler Foege Ford
Frevert Garman Gipp Greimann
Hatch Huser Jochum Kreiman
Kuhn Larkin Lensing Mascher
May Mertz O'Brien Osterhaus
Petersen Quirk Reynolds Richardson
Roberts Scherrman Schrader Seng
Smith Stevens Taylor, D. Taylor, T.
Tremmel Warnstadt Winckler Wise
Witt

 


Absent or not voting, 7:
Bell Connors Falck Hoversten
Murphy Myers Shoultz

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 670 be immediately messaged to the Senate.

MOTION TO RECONSIDER WITHDRAWN
(House File 723)

Millage of Scott asked and received unanimous consent to
withdraw the motion to reconsider House File 723, a bill for an act
exempting irrigation equipment from sales and use taxes, providing
limited refunds, and including effective and retroactive applicability
date provisions, filed by him on May 1, 2001.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 723 be immediately messaged to the Senate.

MESSAGE FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
May 3, 2001, 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 a community renewal initiative by
establishing a community development program to provide tax credits for income tax,
franchise tax, premiums tax, and moneys and credits tax for businesses contributing to
community development projects to aid certain neighborhoods and communities or

contributing to child care benefits for employees and including effective and
applicability date provisions.

MICHAEL E. MARSHALL, Secretary

SENATE FILE 335 PASSED ON FILE

The Speaker announced that Senate File 335, previously referred to
committee on ways and means was passed on file.

EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on May 3, 2001.
Had I been present, I would have voted "aye" on Senate File 524.

CARROLL of Poweshiek

I was necessarily absent from the House chamber on May 2, 2001.
Had I been present, I would have voted "nay" on House File 719.

O'BRIEN of Boone

I was necessarily absent from the House chamber on May 3, 2001.
Had I been present, I would have voted "aye" on House File 740 and
Senate File 537.

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 3rd day of May, 2001: House Files 502, 635, 680, 716, 722 and 733.

MARGARET A. THOMSON
Chief Clerk of the House

Report adopted.


BILLS SIGNED BY THE GOVERNOR

A communication was received from the Governor announcing that
on May 3, 2001, he approved and transmitted to the Secretary of
State the following bills:

House File 180, an act relating to dissolution of marriage including certain
financial statement information filed by the parties and participation in a court-
approved course prior to the granting of a final dissolution of marriage decree or the
entering of a final custody order.

House File 354, an act relating to the pronouncement of death by a physician
assistant, a licensed practical nurse, or a registered nurse.

House File 674, an act relating to the accreditation and reorganization or
dissolution of an area education agency.

House File 705, an act relating to sales and use taxes on the delivery of electricity
and natural gas and to the rate of tax for providing metered gas, electricity, and fuel to
provide energy for residential customers.

House File 715, an act relating to the administration of the tax and related laws by
the department of revenue and finance, including administration of state individual
income, corporate income, sales and use, franchise, hotel and motel, environmental
protection charge on petroleum diminution, property, cigarette and tobacco products,
and inheritance taxes, local option taxes, and including effective and retroactive
applicability date provisions.

Senate File 344, an act restricting the exemption in the public records law for
communications made to government bodies.

Senate File 354, an act relating to limitations on filing medical assistance claims
against a decedent's estate.

Senate File 412, an act relating to the compulsory attendance age and attendance
at school during the regular school calendar by a child who has reached the age of
sixteen.

Senate File 418, an act relating to unemployment compensation by providing that
social security pension payments are nondeductible from unemployment benefits and
providing for coverage for employment by an Indian tribe and providing an effective
date.

GOVERNOR'S VETO MESSAGES

A copy of the following communications were received and placed
on file:


May 3, 2001

Brent Siegrist
Speaker of the House
State Capitol Building
L O C A L

Dear Speaker Siegrist:

I hereby transmit House File 694, an act relating to housing by creating a housing
trust fund and a housing trust commission.

I am unable to approve House File 694. House File 694 as it has been passed by the
general assembly would delay progress in developing and promoting a comprehensive
housing strategy for Iowa.

In August of 1999 the Governor's Housing Task Force was convened to develop a
comprehensive housing strategy for Iowa. This strategy was to provide a clear and
unified direction on the use and purpose of housing resources and federal resources
administered by state government. The fifty-six member task force, representing state
and local policy makers, private sector developers, housing program administrators,
non-profits and others released their final report in December of 2000.

The top two recommendations of the Housing Task Force were:

Creation of a housing trust fund to consolidate all state-funded housing
programs into one structure and provide a dedicated funding stream to
maximize leveraging of private and governmental financing for housing
programs.

Consolidation of the administration of all state-funded housing programs
within one entity.

House File 694 fails to implement either of these recommendations. The bill
creates a housing trust fund but provides no funding. Without a dedicated funding
stream the trust fund has no purpose. Additionally, the bill creates a housing trust
commission to make recommendations regarding the implementation of the
consolidation of all housing programs in 2003. There is already agreement that
consolidating housing programs under one entity would provide for the most effective
and efficient use of state housing resources. This action creates an unnecessary layer
of bureaucracy and further delays implementation of a comprehensive housing
strategy.

I have received numerous communications from housing advocates expressing their
disappointment and lack of support for House File 694. The housing needs of our urban
and rural communities are well documented and the time for study is over. It is time
to take action and implement the Housing Task Force recommendations.

For the above reasons, I hereby respectfully disapprove House File 694.

Sincerely,
Thomas J. Vilsack
Governor

May 3, 2001

The Honorable Mary Kramer
President of the Senate
State Capitol Building
L O C A L

Dear President Kramer:

I hereby disapprove and transfer Senate File 222, an act relating to the statute of
limitations in civil actions arising out of the unsafe or defective condition of an
improvement to real property.

In 1980, Governor Ray vetoed legislation to establish a statute of repose for
building and construction cases, citing a delicate balance between protecting potential
victims and business interests. In articulating the rational for his veto, Governor Ray
commented that "it is the potential and actual harm to an innocent victim which I must
judge against the arguments of the professional persons who would like to be protected
against law suits after a limited period of time."

I share Governor Ray's concerns for protecting potential victims and appreciate that
our legal system must provide these individuals with a forum to seek legal relief,
should they be injured. Whether it is a neighbor who uses his savings for a new roof
for the family farmhouse that later crumbles due to defective materials or a child who
is injured due to a faulty fire and sprinkler system at his or her school, citizens deserve
an avenue through which they may seek relief for their injuries. Unfortunately, I do
not believe that all such injuries occur neatly within a ten year window. I again echo
Governor Ray's sentiments from his veto message when he stated, "I must think of
those to whom circumstance has not yet brought loss of property, health or even life
and who, if that loss occurs, would seek and yet find no avenue of recovery…"

Realizing the negative effect this bill may have on many of Iowa's consumers,
homeowners, and businesses, I am unable to approve Senate File 222. A statute of
repose stipulates the time period during which individuals may bring lawsuits for
certain injuries or damages. Iowa law currently provides that an individual has fifteen
years to file suit for injuries or damages incurred due to unsafe or defective
improvements to real property. Senate File 222 would reduce this time period from
fifteen to ten years.

Our legal system, by its design, places the primary burden of proof on the party
seeking relief for an injury or damages. To restrict further the time period during
which individuals may pursue legal remedies for their damages would place many
consumers and property owners at a heightened disadvantage in their efforts to seek
redress. It should also be noted that the ten year time period afforded individuals in
Senate File 222 does not begin once they realize a construction defect or incur an
injury. Rather, this time period begins from the date that the potential defendant
commits the act or omission that later causes the injury or damages. This means that
the clock begins to tick against the injured party even before the injured party may
have realized a problem or suffered an injury.

While proponents of this bill argue that ten years should provide ample time to
document any problem or design defect, this time period may not be adequate.

Construction and building professionals today design structures to last for decades, if
not centuries. While some defects may arise in the first years after construction, others
may not surface within a ten year period of time. During consideration of Senate File
222, legislators heard from large numbers of homeowners and businesses stating that a
ten year statute of repose was too restrictive. As business building owners, corporate
entities such as Principal Financial Group, Meredith Corporation, and Wells Fargo all
expressed concern over reducing the statute of repose in these situations.

Supporters of Senate File 222 have also asserted that the statue of repose should be
shortened to ten years in order to bring Iowa more in line with other states' legislation.
While some states do provide shorter time periods, they have also created exceptions to
the statute in order to maintain consumer protection.

Legislators here considered exceptions to Iowa's statute of repose via amendments
to Senate File 222. These exceptions would have removed the time limitation for filing
suit where there are allegations of a contractor's intentional disregard of building
codes, breach of express warranties, fraud, willful misconduct, or use of defective
materials. Unfortunately, the General Assembly chose not to include any exceptions to
the statute of repose, thus further limiting the legal rights of consumers who may fall
victim to the misdeeds of others.

For the above reasons, I hereby respectfully disapprove Senate File 222.

Sincerely,
Thomas J. Vilsack
Governor

COMMUNICATION RECEIVED

The following communication was received and filed in the office of
the Chief Clerk:

DEPARTMENT OF PERSONNEL

The Annual Report, pursuant to Chapter 19A.8, 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.

MARGARET A. THOMSON
Chief Clerk of the House

2001\1130 Village of Bonaparte - For being named to the list of the Dozen
Distinctive Destinations, as one of the best preserved and unique
communities in the United States, by the National Trust for
Historic Preservation.


2001\1131 Mildred Stickrod, Lohrville - For celebrating her 80th birthday.

2001\1132 William Grossnickle, Jr., Lehigh - For celebrating his 80th birthday.

2001\1133 Marlys and Ivan Wetzel, Badger - For celebrating their 50th
wedding anniversary.

2001\1134 Constance and Ralph Rivers, Newton - For celebrating their 60th
wedding anniversary.

SUBCOMMITTEE ASSIGNMENTS

House File 756

Judiciary: Larson, Chair; Kreiman and Shey.

Senate File 543

Judiciary: Larson, Chair; Kreiman and Shey.

RESOLUTION FILED

SCR 28, by Boettger, a concurrent resolution reminding Iowa's
congressional delegation to fund the federal financial commitment to
states, localities, and children with disabilities under the federal
Individuals With Disabilities Education Act.

Laid over under Rule 25.

AMENDMENTS FILED

H-1939 H.F. 755 Mascher of Johnson
H-1940 H.F. 755 Warnstadt of Woodbury
H-1941 H.F. 755 Winckler of Scott
H-1942 H.F. 755 Foege of Linn
H-1943 H.F. 755 Foege of Linn
H-1944 S.F. 165 Reynolds of Van Buren
H-1945 S.F. 165 Richardson of Warren
H-1946 H.F. 755 Millage of Scott
H-1947 S.F. 165 Dotzler of Black Hawk
H-1948 S.F. 165 Dotzler of Black Hawk
H-1949 S.F. 165 Dotzler of Black Hawk
H-1950 S.F. 165 Dotzler of Black Hawk
H-1951 S.F. 165 Richardson of Warren
H-1952 S.F. 165 Richardson of Warren

H-1953 S.F. 165 Kreiman of Davis
H-1954 S.F. 165 Kreiman of Davis
H-1955 H.F. 755 Hatch of Polk
H-1956 S.F. 165 Quirk of Chickasaw
H-1957 S.F. 165 Kuhn of Floyd
H-1959 H.F. 755 Wise of Lee
H-1960 H.F. 755 Kreiman of Davis
Arnold of Lucas
H-1961 H.F. 755 Scherrman of Dubuque
Bukta of Clinton Osterhaus of Jackson
O'Brien of Boone Mertz of Kossuth
Tremmel of Wapello Seng of Scott
Jochum of Dubuque Chiodo of Polk
Quirk of Chickasaw Atteberry of Delaware
Warnstadt of Woodbury May of Worth
H-1962 H.F. 755 Warnstadt of Woodbury
H-1963 H.F. 755 Fallon of Polk
T. Taylor of Linn Frevert of Palo Alto
Kuhn of Floyd Mertz of Kossuth
Hatch of Polk Winckler of Scott
Reynolds of Van Buren Dotzler of Black Hawk
Greimann of Story Lensing of Johnson
Smith of Marshall Atteberry of Delaware
Mascher of Johnson Bukta of Clinton
Jochum of Dubuque Warnstadt of Woodbury
Chiodo of Polk D. Taylor of Linn
O'Brien of Boone Seng of Scott
Ford of Polk Cohoon of Des Moines
Larkin of Lee Bell of Jasper
May of Worth Huser of Polk
Kreiman of Davis Foege of Linn
Osterhaus of Jackson Petersen of Polk
Scherrman of Dubuque Richardson of Warren
Schrader of Marion Connors of Polk
Stevens of Dickinson Tremmel of Wapello
Witt of Black Hawk
H-1964 S.F. 165 Fallon of Polk
H-1965 S.F. 165 Fallon of Polk
H-1966 S.F. 165 Lensing of Johnson
H-1967 S.F. 165 Frevert of Palo Alto
H-1968 S.F. 165 Lensing of Johnson

H-1969 S.F. 165 Petersen of Polk
H-1970 S.F. 165 Petersen of Polk
H-1971 S.F. 165 Mascher of Johnson
H-1972 S.F. 165 Fallon of Polk
O'Brien of Boone
H-1973 S.F. 165 Greimann of Story
H-1974 S.F. 165 Greimann of Story
H-1975 S.F. 165 Fallon of Polk
H-1976 S.F. 165 Bukta of Clinton
H-1977 S.F. 165 Fallon of Polk
Bukta of Clinton
H-1978 S.F. 165 Mascher of Johnson
H-1980 H.F. 751 Dotzler of Black Hawk
Winckler of Scott
Hatch of Polk
Jochum of Dubuque
H-1981 H.F. 755 Gipp of Winneshiek
H-1983 H.F. 755 Brunkhorst of Bremer
H-1984 H.F. 637 Senate Amendment
H-1985 H.F. 755 Millage of Scott
H-1986 H.F. 751 Dotzler of Black Hawk
Winckler of Scott
Hatch of Polk
Jochum of Dubuque
H-1988 H.F. 755 Grundberg of Polk
H-1989 H.F. 751 Jenkins of Black Hawk
H-1990 H.F. 755 Millage of Scott
H-1991 H.F. 755 Millage of Scott
H-1993 H.F. 755 Millage of Scott
H-1994 H.F. 714 Senate Amendment

On motion by Rants of Woodbury the House adjourned at 10:32
p.m., until 8:45 a.m., Friday, May 4, 2001.


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