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House Journal: Tuesday, March 26, 2002

JOURNAL OF THE HOUSE

Seventy-second Calendar Day - Forty-ninth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, March 26, 2002

The House met pursuant to adjournment at 8:44 a.m., Speaker
Siegrist in the chair.

Prayer was offered by Milissa Clark, House Page from Ames. She
was the guest of Representative Keith Kreiman of Davis County.

The Journal of Monday, March 25, 2002 was approved.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Reynolds of Van Buren on request of Huser of Polk.

ADOPTION OF HOUSE RESOLUTION 110

Smith of Marshall called up for consideration House Resolution
110, a resolution recognizing the centennial of 4-H clubs, and moved
its adoption.

The motion prevailed and the resolution was adopted.

SENATE AMENDMENT CONSIDERED

Hoversten of Woodbury called up for consideration House File
2192, a bill for an act relating to the establishment of a state agency
work group to develop an interstate prescription drug purchasing
cooperative, amended by the Senate amendment H-8326 as follows:

H-8326

1 Amend House File 2192, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, line 2, by striking the words "AGENCY
4 WORK GROUP" and inserting the following: "TASK
5 FORCE".
6 2. Page 1, by striking lines 3 through 8, and

7 inserting the following:
8 "1. The Iowa department of public health shall
9 convene a task force to determine the feasibility of
10 establishing an interstate prescription drug
11 purchasing cooperative with other midwestern states.
12 2. The task force shall consist of all of the
13 following members:
14 a. The director of public health, or the
15 director's designee.
16 b. The director of human services, or the
17 director's designee.
18 c. The director of the department of elder
19 affairs, or the director's designee.
20 d. The director of the department of management,
21 or the director's designee.
22 e. The director of the department of personnel, or
23 the director's designee.
24 f. The chairperson of the board of pharmacy
25 examiners, or the chairperson's designee.
26 g. The chairperson of the board of medical
27 examiners, or the chairperson's designee.
28 h. One person who is a representative of the
29 pharmaceutical manufacturers, selected by the
30 pharmaceutical research and manufacturers of America.
31 i. Four members of the general assembly.
32 3. a. The legislative members of the task force
33 shall be appointed by the majority leader of the
34 senate, after consultation with the president of the
35 senate and the minority leader of the senate, and by
36 the speaker of the house, after consultation with the
37 majority leader and the minority leader of the house
38 of representatives. The legislative appointments
39 shall comply with sections 69.16 and 69.16A.
40 b. Vacancies on the task force shall be filled by
41 the original appointing authority and in the manner of
42 the original appointments.
43 4. The task force shall elect a chairperson. A
44 majority of the members of the task force shall
45 constitute a quorum. A majority vote of those members
46 present shall be required for any action of the task
47 force. The Iowa department of public health and the
48 department of human services shall cooperate in
49 providing staffing for the task force."
50 3. Page 1, line 9, by striking the words "work

Page 2

1 group" and inserting the following: "task force".
2 4. Page 1, lines 18 and 19, by striking the words
3 "and the northeast legislative association on
4 prescription drug prices" and inserting the following:
5 "the southern states coalition purchasing pool, and

6 other interstate cooperatives".
7 5. Page 1, by inserting after line 19, the
8 following:
9 "c. Contacting industry trade associations whose
10 members are involved in the delivery and reimbursement
11 of state-funded pharmaceutical care, including but not
12 limited to the federation of Iowa insurers, the Iowa
13 pharmacy association, and the pharmaceutical research
14 and manufacturers of America."
15 6. Page 1, line 20, by striking the words "work
16 group" and inserting the following: "task force".
17 7. Page 1, line 24, by striking the words "work
18 group" and inserting the following: "task force".
19 8. Title page, line 1, by striking the words
20 "state agency work group" and inserting the following:
21 "task force".
22 9. By renumbering, redesignating, and correcting
23 internal references as necessary.

Osterhaus of Jackson offered the following amendment H-8434, to
the Senate amendment H-8326, filed by him from the floor and moved
its adoption:

H-8434

1 Amend the Senate amendment, H-8326, to House File
2 2192, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by striking lines 28 through 30, and
5 inserting the following:
6 " . One person who is a representative of the
7 Iowa pharmacy association, selected by the Iowa
8 pharmacy association.
9 . One person who is a representative of the
10 Iowa medical society, selected by the Iowa medical
11 society."
12 2. Page 2, by striking lines 9 through 14, and
13 inserting the following:
14 ""c. Contacting the governors and legislative
15 leaders of other states and other appropriate
16 individuals and groups interested or involved in
17 interstate prescription drug purchasing
18 cooperatives.""
19 3. By renumbering, redesignating, and correcting
20 internal references as necessary.

Amendment H-8434 was adopted.

On motion by Hoversten of Woodbury the House concurred in the
Senate amendment H-8326, as amended.

Hoversten of Woodbury 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. 2192)

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

 


The nays were, none.

Absent or not voting, 7:
Boggess Dix Ford Reynolds
Scherrman Teig Van Fossen

 


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


CONSIDERATION OF BILL
Unfinished Business Calendar

Senate File 348, a bill for an act relating to the establishment of
Iowa charter schools and providing for a conditional effective date,
with report of committee recommending amendment and passage,
was taken up for consideration.

Brunkhorst of Bremer asked and received unanimous consent to
withdraw amendment H-1450 filed by the committee on education on
April 9, 2001, placing out of order the following amendments:

Amendment H-1490 filed by Stevens of Dickinson on April 11,
2001.
Amendment H-1491 filed by Stevens of Dickinson on April 11,
2001.
Amendment H-1497 filed by Winckler of Scott on April 12, 2001.
Amendment H-1498 filed by Frevert of Palo Alto on April 12, 2001.
Amendment H-1502 filed by Lensing of Johnson on April 12, 2001.
Amendment H-1503 filed by Greimann of Story on April 12, 2001.
Amendment H-1504 filed by Lensing of Johnson on April 12, 2001.
Amendment H-1506 filed by Bukta of Clinton on April 12, 2001.
Amendment H-1507 filed by Bukta of Clinton on April 12, 2001.
Amendment H-1533 filed by Mascher of Johnson on April 16, 2001.

Brunkhorst of Bremer offered amendment H-8206 filed by the
committee on education as follows:

H-8206

1 Amend Senate File 348, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. NEW SECTION. 256F.1 AUTHORIZATION
6 AND PURPOSE.
7 1. Charter schools shall be part of the state's
8 program of public education.
9 2. A charter school may be established by creating
10 a new school within an existing public school or
11 converting an existing public school to charter
12 status.
13 3. The purpose of a charter school established
14 pursuant to this chapter shall be to accomplish the
15 following:

16 a. Improve student learning.
17 b. Increase learning opportunities for students.
18 c. Encourage the use of different and innovative
19 methods of teaching.
20 d. Require the measurement of learning outcomes
21 and create different and innovative forms of measuring
22 outcomes.
23 e. Establish new forms of accountability for
24 schools.
25 f. Create new professional opportunities for
26 teachers and other educators, including the
27 opportunity to be responsible for the learning program
28 at the school site.
29 Sec. 2. NEW SECTION. 256F.2 DEFINITIONS.
30 1. "Advisory council" means a council appointed by
31 the school board of directors of a charter school
32 pursuant to section 256F.5, subsection 4.
33 2. "Attendance center" means a public school
34 building that contains classrooms used for
35 instructional purposes for elementary, middle, or
36 secondary school students.
37 3. "Charter school" means a state public charter
38 school operated as a pilot program.
39 4. "Department" means the department of education.
40 5. "School board" means a board of directors
41 regularly elected by the registered voters of a school
42 district.
43 6. "State board" means the state board of
44 education.
45 Sec. 3. NEW SECTION. 256F.3 PILOT PROGRAM -
46 APPLICATION.
47 1. Commencing with the school year beginning July
48 1, 2002, the state board of education shall initiate a
49 pilot program to test the effectiveness of charter
50 schools.

Page 2

1 2. To receive approval to establish a charter
2 school in accordance with this chapter, the principal,
3 teachers, or parents of students at an existing public
4 school shall submit an application to the school board
5 to convert an existing attendance center to a charter
6 school. An attendance center shall not enter into a
7 charter school contract with a school district under
8 this chapter unless the attendance center is located
9 within the school district. The application shall
10 demonstrate the support of at least fifty percent of
11 the teachers employed at the school and fifty percent
12 of the parents voting whose children are enrolled at
13 the school, provided that a majority of the parents
14 eligible to vote participate in the ballot process,

15 according to procedures established by rules of the
16 state board.
17 3. A school board shall receive and review all
18 applications for a charter school. Applications
19 received on or before October 1 of a calendar year
20 shall be considered for charter schools to be
21 established at the beginning of the school district's
22 next school year or at a time agreed to by the
23 applicant and the school board. However, a school
24 board may receive and consider applications after
25 October 1 at its discretion.
26 4. A school board shall by a majority vote approve
27 or deny an application no later than sixty calendar
28 days after the application is received. A school
29 board that denies an application for a conversion to a
30 charter school shall provide notice of denial to the
31 applicant in writing within thirty days after board
32 action. The notice shall specify the exact reasons
33 for denial and provide documentation supporting those
34 reasons.
35 5. An applicant may appeal school board denial of
36 the applicant's charter school application to the
37 state board in accordance with the procedures set
38 forth in chapter 290. The state board shall affirm,
39 modify, or reverse the school board's decision on the
40 basis of the information provided in the application
41 indicating the ability or willingness of the proposed
42 charter school to meet the requirements of section
43 256F.1, subsection 3, and section 256F.4.
44 6. Upon approval of an application for the
45 proposed establishment of a charter school, the school
46 board shall submit an application for approval to
47 establish the charter school to the state board in
48 accordance with section 256F.5. The state board shall
49 approve only those applications that meet the
50 requirements specified in section 256F.1, subsection

Page 3

1 3, and section 256F.4. The state board shall approve
2 not more than ten charter school applications. The
3 state board shall adopt rules in accordance with
4 chapter 17A for the implementation of this chapter.
5 7. If federal rules or regulations relating to the
6 distribution or utilization of federal funds allocated
7 to the department pursuant to this section are adopted
8 that are inconsistent with the provisions of this
9 chapter, the state board shall adopt rules to comply
10 with the requirements of the federal rules or
11 regulations.
12 Sec. 4. NEW SECTION. 256F.4 GENERAL OPERATING
13 REQUIREMENTS.

14 1. Within fifteen days after approval of a charter
15 school application submitted in accordance with
16 section 256F.3, subsection 2, a school board shall
17 report to the department the name of the charter
18 school applicant entry, the proposed charter school
19 location, and its projected enrollment. In order to
20 facilitate an accurate budget projection process, a
21 school board shall receive funds for students who are
22 not included in the third Friday in September
23 enrollment report due to approval of charter school
24 applications after the actual enrollment is
25 determined. The department of management shall adjust
26 the enrollment of the school district to reflect this
27 intent.
28 2. Although a charter school may elect to comply
29 with one or more provisions of statute or
30 administrative rule, a charter school is exempt from
31 all statutes and rules applicable to a school, a
32 school board, or a school district, except that the
33 charter school shall do all of the following:
34 a. Meet all applicable federal, state, and local
35 health and safety requirements and laws prohibiting
36 discrimination on the basis of race, creed, color,
37 sex, national origin, religion, ancestry, or
38 disability. A charter school shall be subject to any
39 court-ordered desegregation plan in effect for the
40 school district at the time the school's charter
41 application is approved.
42 b. Operate as a nonsectarian, nonreligious public
43 school.
44 c. Be free of tuition and application fees to Iowa
45 resident students between the ages of five and twenty-
46 one years.
47 d. Be subject to and comply with chapters 216 and
48 216A relating to civil and human rights.
49 e. Provide special education services in
50 accordance with chapter 256B.

Page 4

1 f. Be subject to the same financial audits, audit
2 procedures, and audit requirements as a school
3 district. The audit shall be consistent with the
4 requirements of sections 11.6, 11.14, 11.19, 256.9,
5 subsection 19, and section 279.29, except to the
6 extent deviations are necessary because of the program
7 at the school. The department, the auditor of state,
8 or the legislative fiscal bureau may conduct
9 financial, program, or compliance audits.
10 g. Be subject to and comply with chapter 284
11 relating to the student achievement and teacher
12 quality program. A charter school that complies with

13 chapter 284 shall receive state moneys or be eligible
14 to receive state moneys as provided in chapter 284 as
15 if it did not operate under a charter.
16 h. Be subject to and comply with chapters 20 and
17 279 relating to contracts with and discharge of
18 teachers and administrators.
19 i. Be subject to and comply with the provisions of
20 chapter 285 relating to the transportation of
21 students.
22 j. Meetings of the advisory council are subject to
23 the provisions of chapters 21 and 22.
24 3. A charter school shall not discriminate in its
25 student admissions policies or practices on the basis
26 of intellectual or athletic ability, measures of
27 achievement or aptitude, or status as a person with a
28 disability. However, a charter school may limit
29 admission to students who are within a particular
30 range of age or grade level or on any other basis that
31 would be legal if initiated by a school district.
32 Enrollment priority shall be given to the siblings of
33 students enrolled in a charter school.
34 4. A charter school shall enroll an eligible
35 student who submits a timely application unless the
36 number of applications exceeds the capacity of a
37 program, class, grade level, or building. In this
38 case, students must be accepted by lot. A charter
39 school shall be subject to section 282.18 as if it did
40 not operate under a charter, except as provided in
41 this chapter.
42 5. A charter school shall provide instruction for
43 at least the number of days required by section
44 279.10, subsection 1, or shall provide at least the
45 equivalent number of total hours.
46 6. Notwithstanding subsection 2, a charter school
47 shall meet the requirements of section 256.7,
48 subsection 21.
49 7. A charter school shall be considered a part of
50 the school district in which it is located for

Page 5

1 purposes of state school foundation aid pursuant to
2 chapter 257.
3 8. A charter school may enter into contracts and
4 issue bonds in accordance with chapter 73A.
5 Sec. 5. NEW SECTION. 256F.5 APPLICATION -
6 DEFINITION.
7 An application to the state board for the approval
8 of a charter school shall include, but shall not be
9 limited to, a description of the following:
10 1. The method for admission to the charter school.
11 2. The mission, purpose, innovation, and

12 specialized focus of the charter school.
13 3. Performance goals and objectives in addition to
14 those required under section 256.7, subsection 21, by
15 which the school's student achievement shall be
16 judged, the measures to be used to assess progress,
17 and the current baseline status with respect to the
18 goals.
19 4. The method for appointing or forming an
20 advisory council for the charter school.
21 5. Procedures for teacher evaluation and
22 professional development for teachers and
23 administrators.
24 6. The charter school governance and bylaws.
25 7. The financial plan for the operation of the
26 school.
27 8. The educational program and curriculum,
28 instructional methodology, and services to be offered
29 to students.
30 9. The number and qualifications of teachers and
31 administrators to be employed.
32 10. The organization of the school in terms of
33 ages of students or grades to be taught along with an
34 estimate of the total enrollment of the school.
35 11. The provision of school facilities.
36 12. A statement indicating how the charter school
37 will meet the requirements of section 256F.1,
38 subsection 3; section 256F.4, subsection 2, paragraph
39 "a"; and section 256F.4, subsection 3.
40 13. Assurance of the assumption of liability by
41 the charter school.
42 14. The types and amounts of insurance coverage to
43 be obtained by the charter school.
44 15. A plan of operation to be implemented if the
45 charter school revokes or fails to renew its contract.
46 16. The means, costs, and plan for providing
47 transportation for students attending the charter
48 school.
49 17. The specific statutes, administrative rules,
50 and school board policies with which the charter

Page 6

1 school does not intend to comply.
2 Sec. 6. NEW SECTION. 256F.6 CONTRACT.
3 1. An approved charter school application shall
4 constitute an agreement, the terms of which shall be
5 the terms of a four-year renewable contract between
6 the school board and the state board. The contract
7 shall reflect all agreements regarding the operation
8 of the charter school. The terms of the contract may
9 be revised at any time with the approval of both the
10 state board and the school board, whether or not the

11 stated provisions of the contract are being fulfilled.
12 The charter school shall provide parents and guardians
13 of students enrolled in the charter school with a copy
14 of the charter school application approved pursuant to
15 section 256F.5.
16 2. The contract shall outline the reasons for
17 revocation or nonrenewal of the charter.
18 3. The state board of education shall provide by
19 rule for the ongoing review of a school board's
20 compliance with a contract entered into in accordance
21 with this chapter.
22 Sec. 7. NEW SECTION. 256F.7 EMPLOYMENT AND
23 RELATED MATTERS.
24 1. A charter school shall employ or contract with
25 necessary teachers and administrators, as defined in
26 section 272.1, who hold a valid license with an
27 endorsement for the type of service for which the
28 teacher or administrator is employed.
29 2. The school board, in consultation with the
30 advisory council, shall decide matters related to the
31 operation of the school, including budgeting,
32 curriculum, and operating procedures.
33 3. Employees of a charter school shall be
34 considered employees of the school district.
35 Sec. 8. NEW SECTION. 256F.8 PROCEDURES FOR
36 REVOCATION OR NONRENEWAL OF CONTRACT.
37 1. A contract for the establishment of a charter
38 school may be revoked by the state board or the school
39 board that established the charter school if the
40 appropriate board determines that one or more of the
41 following occurred:
42 a. Failure of the charter school to abide by and
43 meet the provisions set forth in the contract,
44 including educational goals.
45 b. Failure of the charter school to comply with
46 all applicable law.
47 c. Failure of the charter school to meet generally
48 accepted public sector accounting principles.
49 d. The existence of one or more other grounds for
50 revocation as specified in the contract.

Page 7

1 2. The decision by a school board to revoke or to
2 fail to take action to renew a charter school contract
3 is subject to appeal under procedures set forth in
4 chapter 290.
5 3. A school board considering revocation or
6 nonrenewal of a charter school contract shall notify
7 the advisory council, the parents or legal guardians
8 of the students enrolled in the charter school, and
9 the teachers and administrators employed by the

10 charter school, sixty days prior to revoking or the
11 date by which the contract must be renewed, but not
12 later than the last day of classes in the school year.
13 4. If the state board determines that a charter
14 school is in substantial violation of the terms of the
15 contract, the state board shall notify the school
16 board and the advisory council of its intention to
17 revoke the contract at least sixty days prior to
18 revoking a contract and the school board shall assume
19 oversight authority, operational authority, or both
20 oversight and operational authority. The notice shall
21 state the grounds for the proposed action in writing
22 and in reasonable detail. The school board may
23 request in writing an informal hearing before the
24 state board within fourteen days of receiving notice
25 of revocation of the contract. Upon receiving a
26 timely written request for a hearing, the state board
27 shall give reasonable notice to the school board of
28 the hearing date. The state board shall conduct an
29 informal hearing before taking final action. The
30 state board shall take final action to revoke or
31 approve continuation of a contract by the last day of
32 classes in the school year. If the final action to
33 revoke a contract under this section occurs prior to
34 the last day of classes in the school year, a charter
35 school student may enroll in the resident district.
36 5. The decision of the state board to revoke a
37 contract under this section is solely within the
38 discretion of the state board and is final.
39 6. A school board revoking a contract or a school
40 board or advisory council that fails to renew a
41 contract under this chapter is not liable for that
42 action to the charter school, a student enrolled in
43 the charter school or the student's parent or
44 guardian, or any other person.
45 7. In the case of a revocation or a nonrenewal of
46 the charter, the school board is exempt from the state
47 board's "Barker guidelines", as provided in 1 D.P.I.
48 App. Dec. 145 (1977).
49 Sec. 9. NEW SECTION. 256F.9 PROCEDURES AFTER
50 REVOCATION - STUDENT ENROLLMENT.

Page 8

1 If a charter school contract is revoked in
2 accordance with this chapter, a nonresident student
3 who attended the school, siblings of the student, or
4 another student who resides in the same place as the
5 student shall be determined to have shown good cause
6 as provided in section 282.18, subsection 16, and may
7 submit an application to another school district
8 according to section 282.18 at any time. Applications

9 and notices required by section 282.18 shall be
10 processed and provided in a prompt manner. The
11 application and notice deadlines in section 282.18 do
12 not apply to a nonresident student application under
13 these circumstances.
14 Sec. 10. NEW SECTION. 256F.10 REPORTS.
15 1. A charter school shall report at least annually
16 to the school board, advisory council, and the state
17 board the information required by the school board,
18 advisory council, or the state board. The reports are
19 public records subject to chapter 22.
20 2. Not later than December 1, 2003, and annually
21 thereafter, the state board shall submit a
22 comprehensive report, with findings and
23 recommendations, to the senate and house standing
24 committees on education. The report shall evaluate
25 the state's charter school programs generally,
26 including but not limited to, an evaluation of whether
27 the pilot programs are fulfilling the purposes set
28 forth in section 256F.4, subsection 2. The report
29 also shall contain, for each charter school, a copy of
30 the charter school's mission statement, attendance
31 statistics and dropout rate, aggregate assessment test
32 scores, projections of financial stability, the number
33 and qualifications of teachers and administrators, and
34 number of and comments on supervisory visits by the
35 department of education.
36 Sec. 11. NEW SECTION. 256F.11 FUTURE REPEAL.
37 This chapter is repealed effective July 1, 2010.
38 Sec. 12. Section 257.31, subsection 5, paragraph
39 d, is amended to read as follows:
40 d. The closing of a nonpublic school, wholly or in
41 part, or the opening or closing of a pilot charter
42 school.
43 Sec. 13. Section 282.18, subsection 16, Code 2001,
44 is amended to read as follows:
45 16. For purposes of this section, "good cause"
46 means a change in a child's residence due to a change
47 in family residence, a change in the state in which
48 the family residence is located, a change in a child's
49 parents' marital status, a guardianship proceeding,
50 placement in foster care, adoption, participation in a

Page 9

1 foreign exchange program, or participation in a
2 substance abuse or mental health treatment program, or
3 a similar set of circumstances consistent with the
4 definition of good cause; a change in the status of a
5 child's resident district, such as removal of
6 accreditation by the state board, surrender of
7 accreditation, or permanent closure of a nonpublic

8 school, revocation of a charter school contract as
9 provided in section 256F.8, the failure of
10 negotiations for a whole-grade sharing,
11 reorganization, dissolution agreement or the rejection
12 of a current whole-grade sharing agreement, or
13 reorganization plan, or a similar set of circumstances
14 consistent with the definition of good cause. If the
15 good cause relates to a change in status of a child's
16 school district of residence, however, action by a
17 parent or guardian must be taken to file the
18 notification within forty-five days of the last board
19 action or within thirty days of the certification of
20 the election, whichever is applicable to the
21 circumstances.
22 Sec. 14. EXPEDITED APPLICATION PROCEDURE. The
23 state board of education shall develop an expedited
24 charter school application procedure for the fiscal
25 year beginning July 1, 2003, for purposes of receiving
26 federal planning funds issued pursuant to the federal
27 Elementary and Secondary Education Act of 1965, Title
28 X, Part C, as codified in 20 U.S.C. 8061-8067.
29 Sec. 15. EMERGENCY RULES. The state board of
30 education may adopt emergency rules under section
31 17A.4, subsection 2, and section 17A.5, subsection 2,
32 paragraph "b", to implement this Act and the rules
33 shall be effective immediately upon filing unless a
34 later date is specified in the rules. Any rules
35 adopted in accordance with this section shall also be
36 published as a notice of intended action as provided
37 in section 17A.4."
38 2. Title page, lines 1 and 2, by striking the
39 following: "and providing for a conditional effective
40 date".

Cohoon of Des Moines offered the following amendment H-8429, to
the committee amendment H-8206, filed by him and moved its
adoption:

H-8429

1 Amend the amendment, H-8206, to Senate File 348, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by inserting after line 39, the
5 following:
6 "4A. "Pilot program" means a pilot program created
7 under this chapter that creates a new school within an
8 existing public school or converts an existing public
9 school to charter status in accordance with this
10 chapter."
11 2. By renumbering as necessary.

Amendment H-8429 was adopted.

Mascher of Johnson offered the following amendment H-8433, to
the committee amendment H-8206, filed by her and moved its
adoption:

H-8433

1 Amend the amendment, H-8206, to Senate File 348, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 2, line 3, by inserting after the word
5 "parents" the following: "or guardians".
6 2. Page 2, line 11, by inserting after the word
7 "school" the following: "on the date of the
8 submission of the application".
9 3. Page 2, line 12, by inserting after the word
10 "parents" the following: "or guardians".
11 4. Page 2, line 13, by inserting after the word
12 "parents" the following: "or guardians".
13 5. Page 2, line 16, by inserting after the word
14 "board." the following: "A parent or guardian voting
15 in accordance with this subsection must be a resident
16 of this state."
17 6. Page 7, line 7, by striking the word "legal".

Amendment H-8433 was adopted.

Mascher of Johnson offered the following amendment H-8424, to
the committee amendment H-8206, filed by her and Brunkhorst of
Bremer and moved its adoption:

H-8424

1 Amend the amendment, H-8206, to Senate File 348, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 2, line 18, by inserting after the word
5 "for" the following: "converting an existing building
6 or creating a new building for".
7 2. Page 2, line 48, by inserting after the figure
8 "256F.5." the following: "The application shall set
9 forth the manner in which the charter school will
10 comply with federal and state laws and regulations
11 relating to the federal National School Lunch Act and
12 the federal Child Nutrition Act of 1966, 42 U.S.C.
13 1751-1785, and chapter 283A."
14 3. Page 3, line 11, by inserting after the word

15 "regulations." the following: "The state board shall
16 identify inconsistencies between federal and state
17 rules and regulations as provided in this subsection
18 and shall submit recommendations for legislative
19 action to the chairpersons and ranking members of the
20 senate and house standing committees on education at
21 the next meeting of the general assembly."
22 4. Page 5, line 20, by inserting after the word
23 "school." the following: "The membership of an
24 advisory council appointed or formed in accordance
25 with this chapter shall not include more than one
26 member of the school board."

Amendment H-8424 was adopted.

Brunkhorst of Bremer offered the following amendment H-8397, to
the committee amendment H-8206, filed by Brunkhorst, et al., and
moved its adoption:

H-8397

1 Amend the amendment, H-8206, to Senate File 348, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 2, line 28, by inserting after the word
5 "received." the following: "An application approved
6 by a school board and subsequently approved by the
7 state board pursuant to subsection 6 shall constitute,
8 at a minimum, an agreement between the school board
9 and the charter school for the operation of the
10 charter school."
11 2. Page 2, line 41, by striking the word "or" and
12 inserting the following: "and".
13 3. Page 3, line 1, by striking the word and
14 figure "section 256F.4" and inserting the following:
15 "sections 256F.4 and 256F.5. The state board may deny
16 an application if the state board deems that approval
17 of the application is not in the best interest of the
18 affected students".
19 4. Page 3, line 2, by inserting after the word
20 "applications." the following: "The state board shall
21 approve not more than one charter school application
22 per school district."
23 5. Page 3, by striking lines 19 through 27 and
24 inserting the following: "location, and its projected
25 enrollment."
26 6. Page 4, line 34, by inserting after the word
27 "eligible" the following: "resident".
28 7. Page 4, by striking lines 38 through 41 and
29 inserting the following: "case, students must be

30 accepted by lot. A charter school may enroll an
31 eligible nonresident student who submits a timely
32 application in accordance with the student admission
33 policy established pursuant to section 256F.5,
34 subsection 1. If the charter school enrolls an
35 eligible nonresident student, the charter school shall
36 notify the school district and the sending district
37 not later than March 1 of the preceding school year.
38 Transportation for the student shall be in accordance
39 with section 282.18, subsection 10. The sending
40 district shall make payments to the charter school in
41 the manner required under section 282.18, subsection
42 7."
43 8. Page 5, lines 3 and 4, by striking the words
44 "and issue bonds".
45 9. Page 5, line 26, by inserting after the word
46 "school" the following: "including, at a minimum, a
47 listing of the support services the school district
48 will provide, and the charter school's revenues,
49 budgets, and expenditures".
50 10. Page 6, line 4, by inserting after the word

Page 2

1 "shall" the following: ", at a minimum,".
2 11. Page 6, line 5, by inserting after the word
3 "four-year" the following: "enforceable,".
4 12. Page 6, by striking line 7 and inserting the
5 following: "shall include an operating agreement for
6 the operation".
7 13. Page 8, by striking lines 3 through 5 and
8 inserting the following: "who attended the school,
9 and any siblings of the student, shall be determined
10 to have shown good cause".
11 14. Page 9, by inserting after line 37, the
12 following:
13 "Sec. . CONDITIONAL EFFECTIVENESS. This Act
14 takes effect upon the department of education's
15 receipt of federal funds that are provided to the
16 department under Pub. L. No. 107-110, cited as the
17 federal No Child Left Behind Act of 2001 (Title V,
18 Part B), for purposes of providing financial
19 assistance for the planning, program design, and
20 initial implementation of public charter schools. The
21 department of education shall notify the Code editor
22 upon receipt of such federal funds.""
23 15. Page 9, by striking lines 38 through 40.
24 16. By renumbering as necessary.

Amendment H-8397 was adopted.


Mascher of Johnson offered the following amendment H-8435, to
the committee amendment H-8206, filed by her from the floor and
moved its adoption:

H-8435

1 Amend the amendment, H-8206, to Senate File 348, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 2, lines 38 and 39, by striking the words
5 "affirm, modify, or reverse" and inserting the
6 following: "affirm or modify".

A non-record roll call was requested.

The ayes were 33, nays 54.

Amendment H-8435 lost.

Rants of Woodbury asked and received unanimous consent that
Senate File 348 be deferred and that the bill retain its place on the
unfinished business calendar.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 2192 be immediately messaged to the Senate.

On motion by Rants of Woodbury, the House was recessed at 9:32
a.m., until 1:00 p.m.

AFTERNOON SESSION

The House reconvened at 1:31 p.m., Speaker Siegrist in the chair.

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-five members present, thirty-
five absent.

CONSIDERATION OF BILL
Unfinished Business Calendar

The House resumed consideration of Senate File 348, a bill for an
act relating to the establishment of Iowa charter schools and
providing for a conditional effective date, previously deferred and
found on pages 974-987 of the House Journal.

Greimann of Story offered the following amendment H-8428, to the
committee amendment H-8206, filed by her and moved its adoption:

H-8428

1 Amend the amendment, H-8206, to Senate File 348, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 2, line 48, by inserting after the figure
5 "256F.5." the following: "In approving applications
6 submitted in accordance with this chapter, the state
7 board shall, to the extent possible, approve
8 applications in a manner that is balanced and
9 representative of schools located in school districts
10 with enrollments of one thousand one hundred ninety-
11 nine students or less, in school districts with
12 enrollments of more than one thousand one hundred
13 ninety-nine students but not more than four thousand
14 seven hundred fifty students, and in school districts
15 with enrollments of more than four thousand seven
16 hundred fifty students."

A non-record roll call was requested.

The ayes were 38, nays 49.

Amendment H-8428 lost.

Gipp of Winneshiek in the chair at 1:48 p.m.

Bukta of Clinton offered the following amendment H-8432, to the
committee amendment H-8206, filed by her and moved its adoption:

H-8432

1 Amend the amendment, H-8206, to Senate File 348, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 2, line 48, by inserting after the figure
5 "256F.5." the following: "The application shall set
6 forth the manner in which the charter school will

7 provide special instruction, in accordance with
8 section 280.4, to students who are limited English
9 proficient."

Amendment H-8432 was adopted.

Grundberg of Polk offered the following amendment H-8437, to the
committee amendment H-8206, filed by her from the floor and moved
its adoption:

H-8437

1 Amend the amendment, H-8206, to Senate File 348, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 3, lines 2 and 3, by striking the words
5 "The state board shall adopt" and inserting the
6 following: "However, if the state board receives ten
7 or fewer applications as of June 30, 2003, and two or
8 more of the applications received by the state board
9 by that date are submitted by one school district, the
10 state board may approve any or all of the applications
11 submitted by the school district. The state board
12 shall adopt".

Amendment H-8437 was adopted.

Winckler of Scott offered the following amendment H-8426, to the
committee amendment H-8206, filed by her and moved its adoption:

H-8426

1 Amend the amendment, H-8206, to Senate File 348, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 4, by inserting after line 23 the
5 following:
6 "k. Provide, at a minimum, health services, media
7 services programs, or guidance programs at a level
8 equivalent to those provided by the school district in
9 which the charter school is located."
10 2. By renumbering as necessary.

A non-record roll call was requested.

The ayes were 38, nays 42.

Amendment H-8426 lost.

Lensing of Johnson offered the following amendment H-8427, to
the committee amendment H-8206, filed by her and moved its
adoption:

H-8427

1 Amend the amendment, H-8206, to Senate File 348, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 7, line 29, by inserting after the word
5 "action." the following: "Final action to revoke a
6 contract shall be taken in a manner least disruptive
7 to students enrolled in the charter school."

Amendment H-8427 was adopted.

On motion by Brunkhorst of Bremer, the committee amendment
H-8206, as amended was adopted, placing out of order the following
amendments:

Amendment H-1492 filed by Stevens of Dickinson on April 11,
2001.
Amendment H-1495 filed by Mascher of Johnson on April 12, 2001.
Amendment H-1496 filed by Winckler of Scott on April 12, 2001.
Amendment H-1499 filed by Mascher of Johnson on April 12, 2001.
Amendment H-1500 filed by Mascher of Johnson on April 12, 2001.
Amendment H-1501 filed by Winckler of Scott on April 12, 2001.
Amendment H-1505 filed by Greimann of Story on April 12, 2001.
Amendment H-1508 filed by Greimann of Story on April 12, 2001.
Amendment H-1509 filed by Mascher of Johnson on April 12, 2001.
Amendment H-1520 filed by Winckler of Scott on April 16, 2001.
Amendment H-1521 filed by Winckler of Scott on April 16, 2001.
Amendment H-1523 filed by Mascher of Johnson on April 16, 2001.
Amendment H-1529 filed by Bukta of Clinton on April 16, 2001.
Amendment H-1530 filed by Mascher of Johnson on April 16, 2001.
Amendment H-1532 filed by Frevert of Palo Alto on April 16, 2001.
Amendment H-1534 filed by Richardson of Warren on April 16,
2001.
Amendment H-1535 filed by Cohoon of Des Moines on April 16,
2001.
Amendment H-1536 filed by Mascher of Johnson on April 16, 2001.


Brunkhorst of Bremer 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. 348)

The ayes were, 62:
Alons Baudler Bell Boal
Boddicker Boggess Bradley Brauns
Broers Brunkhorst Carroll Cormack
De Boef Dix Dolecheck Drake
Eddie Eichhorn Elgin Fallon
Finch Garman Grundberg Hahn
Hansen Heaton Hoffman Horbach
Hoversten Huseman Jacobs Jenkins
Johnson Jones Kettering Klemme
Larson Manternach Metcalf Millage
Petersen Raecker Rants Rayhons
Rekow Roberts Seng Shey
Siegrist, Spkr. Sievers Stevens Sukup
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Wilderdyke Wise
Witt Gipp,
Presiding

 


The nays were, 35:
Arnold Atteberry Bukta Chiodo
Cohoon Connors Dotzler Foege
Ford Frevert Greimann Hatch
Huser Jochum Kreiman Kuhn
Larkin Lensing Mascher May
Mertz Murphy Myers O'Brien
Osterhaus Quirk Reeder Richardson
Schrader Shoultz Smith Taylor, D.
Taylor, T. Tremmel Winckler
Absent or not voting, 3:

 

Reynolds
Scherrman Teig


 


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
Senate File 348 be immediately messaged to the Senate.

The House stood at ease at 2:32 p.m., until the fall of the gavel.

The House resumed session at 3:41 p.m., Carroll of Poweshiek in
the chair.

SENATE AMENDMENTS CONSIDERED

Elgin of Linn called up for consideration House File 2532, a bill
for an act relating to public retirement systems and providing
effective and retroactive applicability dates, amended by the Senate
amendment H-8419 as follows:

H-8419

1 Amend House File 2532, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 11, by inserting after line 31 the
4 following:
5 "Sec. . NEW SECTION. 97B.42C RETIREMENT
6 SYSTEM MERGER - MUNICIPAL UTILITY RETIREMENT SYSTEM.
7 A municipal water utility or waterworks that has
8 established a pension and annuity retirement system
9 for its employees pursuant to chapter 412 may adopt a
10 resolution to authorize the merger of its pension and
11 annuity retirement system with and into the Iowa
12 public employees' retirement system. The system is
13 authorized, but is not required, to accept such a
14 proposal. The governing body of the municipal water
15 utility or waterworks and the Iowa public employees'
16 retirement system shall, acting in their fiduciary
17 capacities, mutually determine the terms and
18 conditions of such a merger, including any additional
19 funds necessary to fund the service credits being
20 transferred to the Iowa public employees' retirement
21 system, and either party may decline the merger if
22 they cannot agree on such terms and conditions. The
23 system shall adopt such rules as it deems necessary
24 and prudent to effectuate mergers as provided by this
25 section."
26 2. Page 13, line 35, by striking the word "forty"
27 and inserting the following: "twenty-five".
28 3. Page 21, by inserting after line 3, the
29 following:
30 "Sec. . Section 97B.80A, subsections 1 and 3,
31 Code 2001, are amended to read as follows:
32 1. A vested or retired member who has five or more
33 full calendar years of covered wages and who at any
34 time was employed by a covered employer under this

35 chapter but at the time of the employment was not
36 covered by this chapter and did not opt out of
37 coverage under this chapter in eligible public
38 employment, upon submitting verification of the
39 eligible public employment and the dates of the
40 eligible public employment, may make contributions to
41 the system for up to the lesser of twenty quarters of
42 service credit for such eligible public employment or
43 the entire period of the eligible public employment,
44 in increments of one or more calendar quarters, and
45 receive credit for membership service and prior
46 service for the period of time for which the
47 contributions are made.
48 3. The verification of the eligible public
49 employment and the dates of such eligible public
50 employment shall be made by the department prior to

Page 2

1 receiving contributions from the member.
2 Sec. . Section 97B.80A, Code 2001, is amended
3 by adding the following new subsection:
4 NEW SUBSECTION. 7. For purposes of this section,
5 "eligible public employment" means employment of a
6 person who at the time of the employment was not
7 covered by this chapter and the employment meets any
8 of the following conditions:
9 a. Employment by a covered employer under this
10 chapter of a person who did not opt out of coverage
11 under this chapter.
12 b. Employment of a person as an adjunct instructor
13 as defined in section 97B.1A, subsection 8."
14 4. Page 24, by inserting after line 33 the
15 following:
16 "Sec. . NEW SECTION. 97C.21 VOLUNTARY
17 COVERAGE OF ELECTED OFFICIALS.
18 Notwithstanding any provision of this chapter to
19 the contrary, an elected official otherwise excluded
20 from the definition of employee as provided in section
21 97C.2, may, but is not required to, choose to be
22 provided benefits as an employee as provided by this
23 chapter. This choice shall be reflected in the
24 federal-state agreement described in section 97C.3.
25 An employer who is providing benefits to an elected
26 official otherwise excluded from the definition of
27 employee prior to July 1, 2002, shall not be deemed to
28 be in an erroneous reporting situation, and
29 corrections for prior federal social security
30 withholdings shall not be required. The
31 implementation of this section shall be subject to the
32 approval of the federal social security
33 administration."

34 5. Page 24, by inserting after line 33 the
35 following:
36 "Sec. ___. IOWA PUBLIC EMPLOYEES' RETIREMENT
37 SYSTEM - TEMPORARY LAYOFFS - AVERAGE COVERED WAGE
38 RECALCULATION.
39 1. Notwithstanding any provision of chapter 97B to
40 the contrary, a member of the Iowa public employees'
41 retirement system who has an employer-mandated
42 reduction in hours but remains on the employer's
43 payroll, and who would receive a reduction in the
44 member's three-year average covered wage as a result
45 of the reduction in hours, may have the member's
46 retirement allowance calculated based on the three-
47 year average covered wage the member would have
48 received, based on reasonable assumptions, if the
49 member had not been subject to the employer-mandated
50 reduction in hours, upon payment by the member of the

Page 3

1 applicable contribution amount. For purposes of this
2 section, the applicable contribution amount is an
3 amount equal to the employee and employer
4 contributions that would have been paid to the system
5 based on the wages that the member would have received
6 but for the employer-mandated reduction in hours and
7 would have been included in the member's three-year
8 average covered wage.
9 2. The payment of the applicable contribution
10 amount under this section shall be treated as pick-up
11 contributions in addition to amounts picked up under
12 section 97B.11A. The member must notify the Iowa
13 public employees' retirement system and the member's
14 employer prior to the member terminating employment
15 covered under the system so that the appropriate
16 calculations can be made and the applicable
17 contribution amount for the member can be deducted
18 from the member's wages. The Iowa public employees'
19 retirement system shall have no liability for a
20 member's failure to notify the system and the member's
21 employer in time to make such calculations and deduct
22 the applicable contribution amount from the member's
23 remaining wage payments.
24 3. This section shall apply to employer-mandated
25 reductions in hours during the period of time
26 beginning on or after January 1, 2002, and ending no
27 later than June 30, 2003. The system is authorized to
28 adopt such rules, including emergency rules, as it
29 deems necessary or prudent to implement this section."
30 6. Page 32, by inserting after line 34 the
31 following:
32 "Sec. . Section 602.9107, subsection 1,

33 paragraph a, Code 2001, is amended to read as follows:
34 a. The annual annuity of a judge under this system
35 is an amount equal to three percent of the judge's
36 average annual basic salary for the judge's last
37 highest three years as a judge of one or more of the
38 courts included in this article, multiplied by the
39 judge's years of service as a judge of one or more of
40 the courts for which contributions were made to the
41 system. However, an annual annuity shall not exceed
42 an amount equal to a specified percentage of the
43 highest basic annual salary which the judge is
44 receiving at or had received as of the time the judge
45 becomes became separated from service. Forfeitures
46 shall not be used to increase the annuities a judge or
47 survivor would otherwise receive under the system."
48 7. Page 34, by inserting after line 16 the
49 following:
50 "Sec. . Section 602.9204, subsection 2,

Page 4

1 paragraph b, Code 2001, is amended to read as follows:
2 b. "Basic senior judge salary" means the highest
3 basic annual salary which the judge is receiving at or
4 had received as of the time the judge becomes became
5 separated from full-time service, as would be used in
6 computing an annuity pursuant to section 602.9107
7 without service as a senior judge, plus seventy-five
8 percent of the escalator."
9 8. By renumbering, relettering, or redesignating
10 and correcting internal references as necessary.

Elgin of Linn offered the following amendment H-8441, to the
Senate amendment H-8419, filed by Elgin, Metcalf of Polk, Gipp of
Winneshiek, Connors of Polk and Larkin of Lee from the floor and
moved its adoption:

H-8441

1 Amend the Senate amendment, H-8419, to House File
2 2532, as amended passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by striking lines 26 and 27.

Amendment H-8441 was adopted.

On motion by Elgin of Linn the House concurred in the Senate
amendment H-8419, as amended.

Elgin of Linn 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. 2532)

The ayes were, 96:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Chiodo Cohoon Connors
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
Hoversten Huseman Huser Jacobs
Jenkins Jochum Johnson Jones
Kettering Klemme Kreiman Kuhn
Larkin Larson Lensing Manternach
Mascher May Mertz Metcalf
Millage Murphy Myers O'Brien
Osterhaus Petersen Quirk Raecker
Rants Rayhons Reeder Rekow
Richardson Roberts Schrader Seng
Shey Shoultz Siegrist, Spkr. Sievers
Smith Stevens Taylor, D. Taylor, T.
Tremmel Tymeson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Wilderdyke
Winckler Wise Witt Carroll,
Presiding

 



The nays were, none.

Absent or not voting, 4:
Reynolds Scherrman Sukup Teig

 


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 2532 be immediately messaged to the Senate.

Boal of Polk called up for consideration House File 2454, a bill for
an act encouraging school districts to establish character education
programs, and directing the department of education to partner with
local educational institutions and agencies and nonprofit organ-
izations in the design and implementation of character education
programs, amended by the Senate, and moved that the House concur
in the following Senate amendment H-8379:

H-8379

1 Amend House File 2454, as passed by the House, as
2 follows:
3 1. Page 1, line 22, by inserting after the word
4 "giving," the following: "honesty, self-discipline,
5 respect for and obedience to the law, citizenship,
6 courage, initiative, commitment, perseverance,
7 kindness, compassion, service, loyalty, patience, the
8 dignity and necessity of hard work,".
9 2. Page 2, by striking lines 5 and 6 and
10 inserting the following:
11 "3. The department of education shall report to
12 the state board and to the general assembly regarding
13 the success of any".
14 3. Page 2, line 8, by striking the word "program"
15 and inserting the following: "program character
16 education initiative".

The motion prevailed and the House concurred in the Senate
amendment H-8379.

Boal of Polk 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. 2454)

The ayes were, 95:
Alons Arnold Atteberry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Bukta Chiodo Cohoon Connors
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
Hoversten Huseman Huser Jacobs
Jenkins Jochum Johnson Jones
Kettering Klemme Kreiman Kuhn
Larkin Lensing Manternach Mascher
May Mertz Metcalf Millage
Murphy Myers O'Brien Osterhaus
Petersen Quirk Raecker Rants
Rayhons Reeder Rekow Richardson
Roberts Schrader Seng Shey
Shoultz Siegrist, Spkr. Sievers Smith
Stevens Taylor, D. Taylor, T. Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Wilderdyke Winckler
Wise Witt Carroll,
Presiding

 


The nays were, none.

Absent or not voting, 5:
Larson Reynolds Scherrman Sukup
Teig

 


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

Gipp of Winneshiek called up for consideration House File 2554,
a bill for an act relating to the use of moneys appropriated to the
department of natural resources for purposes of tire-related
initiatives, disposal fees charged by retail tire dealers, and the
registration of waste tire haulers and providing an effective date,
amended by the Senate amendment H-8402 as follows:

H-8402

1 Amend House File 2554, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 321.52A, subsection 2, Code
6 Supplement 2001, is amended to read as follows:
7 2. For the fiscal year beginning July 1, 1996, the

8 treasurer of state shall deposit one million five
9 hundred thousand dollars of moneys received under
10 subsection 1 in the waste tire management fund created
11 in section 455D.11C, and deposit the remainder in the
12 general fund of the state. For the fiscal year
13 beginning July 1, 1997, the treasurer of state shall
14 deposit two million five hundred thousand dollars of
15 moneys received under subsection 1 in the waste tire
16 management fund, and deposit the remainder in the
17 general fund of the state. For the fiscal year
18 beginning July 1, 1998, and the fiscal year beginning
19 July 1, 1999, the treasurer of state shall deposit
20 three million five hundred thousand dollars of moneys
21 received under subsection 1 in the waste tire
22 management fund, and deposit the remainder in the
23 general fund of the state. For the fiscal year
24 beginning July 1, 2000, the treasurer of state shall
25 deposit two million five hundred thousand dollars of
26 the moneys received under subsection 1 in the waste
27 tire management fund, and one million dollars in the
28 road use tax fund, with the remainder deposited in the
29 general fund of the state. For the fiscal year
30 beginning July 1, 2001, the treasurer of state shall
31 deposit one million five hundred thousand dollars of
32 moneys received under subsection 1 in the waste tire
33 management fund, with the remainder deposited in the
34 general fund of the state. For the fiscal year
35 beginning July 1, 2002, and each subsequent fiscal
36 year, the treasurer of state shall deposit the entire
37 amount of moneys received under subsection 1 in the
38 road use tax fund through the fiscal year beginning
39 July 1, 2006, the treasurer of state shall deposit
40 twenty percent of the moneys received under subsection
41 1 in the waste tire management fund and deposit the
42 remainder in the road use tax fund. For the fiscal
43 year beginning July 1, 2008, and each subsequent
44 fiscal year, the treasurer of state shall deposit the
45 entire amount of moneys received under subsection 1 in
46 the road use tax fund."
47 2. Page 1, line 15, by striking the figure "2002"
48 and inserting the following: "2002 2007".
49 3. By renumbering as necessary.

Gipp of Winneshiek offered the following amendment H-8404, to
the Senate amendment H-8402, filed by him and moved its adoption:

H-8404

1 Amend the Senate amendment, H-8402, to House File
2 2554, as amended, passed, and reprinted by the House,
3 as follows:

4 1. Page 1, line 43, by striking the figure
5 "2008", and inserting the following: "2007".

Amendment H-8404 was adopted.

On motion by Gipp of Winneshiek the House concurred in the
Senate amendment H-8402, as amended.

Gipp of Winneshiek 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. 2554)

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

 


The nays were, 1:
Cormack

 


Absent or not voting, 4:
Reynolds Scherrman Sukup Teig

 


The bill having received a constitutional majority was declared to
have passed the House and the title 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 2454 and 2554.

CONSIDERATION OF BILL
Regular Calendar

Senate File 2309, a bill for an act providing for regulation of
processors, providing for penalties, and providing an effective date
and for retroactive applicability, with report of committee recom-
mending amendment and passage, was taken up for consideration.

Manternach of Jones offered the following amendment H-8408
filed by the committee on agriculture and moved its adoption:

H-8408

1 Amend Senate File 2309, as passed by the Senate, as
2 follows:
3 1. Page 1, line 6, by striking the word "defined"
4 and inserting the following: "calculated in the same
5 manner as provided".
6 2. Page 1, line 10, by inserting after the words
7 "a profit" the following: ", cooperative,".
8 3. Page 3, line 1, by striking the word "corral,"
9 and inserting the following: "corral;".
10 4. Page 3, by striking line 11, and inserting the
11 following: "the manufacturing, processing, or
12 preparation for sale of beef".
13 5. Page 5, lines 24 and 25, by striking the words
14 "be more than" and inserting the following: "exceed".
15 6. Page 6, line 15, by inserting after the word
16 "processor" the following: "in the manner provided in
17 section 9H.1".
18 7. Page 6, by striking line 24, and inserting the
19 following: "executive position in the qualified
20 processor or owes the qualified processor a".
21 8. Page 7, by striking lines 7 through 9, and
22 inserting the following: "it prevent processors from
23 owning.

24 c. Owning and operating facilities to provide
25 normal care and feeding of animals cattle or swine for
26 a period not to exceed".
27 9. By striking page 7, line 31 through page 8,
28 line 4, and inserting the following:
29 "3. The two-year period that a person who holds an
30 executive position in a processor or owes a processor
31 a fiduciary duty and thus is deemed to be a processor
32 as provided in section 9H.1, subsection 19, paragraph
33 "b", shall not apply if the person held the position
34 or owed the duty on January 1, 2002, and relinquishes
35 the position or duty on or before June 30, 2004."
36 10. By renumbering, relettering, or redesignating
37 and correcting internal references as necessary.

The committee amendment H-8408 was adopted.

Warnstadt of Woodbury asked and received unanimous consent to
withdraw amendment H-8440 filed by him from the floor.

Manternach of Jones 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. 2309)

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

 


The nays were, none.

Absent or not voting, 6:
Hansen Reynolds Scherrman Siegrist, Spkr.
Sukup Teig

 


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

SENATE AMENDMENT CONSIDERED

Kreiman of Davis called up for consideration House File 2539, a
bill for an act relating to trusts and estates and their relationship to
medical assistance benefits, the right to disclaim on behalf of a ward,
the creation of total return unitrusts, and providing an effective date,
amended by the Senate, and moved that the House concur in the
following Senate amendment H-8431:

H-8431

1 Amend House File 2539, as passed by the House, as
2 follows:
3 1. Page 1, by striking lines 14 through 28.
4 2. Page 2, line 25, by inserting after the word
5 "disclaimant" the following: "and may disclaim on
6 behalf of the personal representative's decedent".
7 3. Page 9, by striking lines 9 through 23, and
8 inserting the following:
9 "2. Shall allocate an amount to trust income, not
10 in excess of the annual unitrust payout amount, in the
11 following order:
12 a. The amount derived from net income, as
13 determined if the trust were other than a total return
14 unitrust.
15 b. The amount derived from other ordinary income
16 as determined for federal income tax purposes.
17 c. The amount derived from net realized short-term
18 capital gains as determined for federal income tax
19 purposes.
20 d. The amount derived from net realized long-term
21 capital gains as determined for federal income tax
22 purposes.
23 e. The amount derived from trust principal."

24 4. Page 11, by striking line 25.
25 5. By renumbering as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-8431.

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

On the question "Shall the bill pass?" (H.F. 2539)

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

 


The nays were, none.

Absent or not voting, 7:
Drake Hansen Reynolds Scherrman
Siegrist, Spkr. Sukup Teig

 


The bill having received a constitutional majority was declared to

have passed the House and the title was agreed to.

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
File 2539 and Senate File 2309.

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 26th day of March, 2002: House Files 2082, 2151, 2190, 2249, and 2394.

MARGARET A. THOMSON
Chief Clerk of the House

Report adopted.

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

2002\856 Marie Ambrose, Monona - For celebrating her 90th birthday.

2002\857 Mervin Larson, Postville - For celebrating his 80th birthday.
2002\858 Harold Peterson, Postville - For celebrating his 76th birthday.

2002\859 Frances Schleimer, Battle Creek - For celebrating her 90th birthday.

2002\860 Arvilla Pfleeger, Battle Creek - For celebrating her 85th birthday.

2002\861 Ivan and Ardyce Olsen, Sac City - For celebrating their 60th
wedding anniversary.

2002\862 Jennifer Goetz, Cardinal Stritch High School - For being named to
the Iowa Girls Coaches Association and Iowa Newspaper
Association's All-State first team in girls' basketball, Class 1-A.


2002\863 Sarah Weirather, Central Lee School - For being named to the Iowa
Girls Coaches Association second team in girls' basketball, Class 2-
A and being an honorable mention selection on the Iowa Newspaper
Association All-State team.

2002\864 Bobbi Rose, Keokuk - For receiving Class 3-A All-Southeast District
honors from the Iowa Girls Coaches Association.

2002\865 Tara Cullen, Fort Madison Aquinas - For being named by the Iowa
Girls Coaches Association to the second team in Class 1-A and
being chosen honorable mention to the INA all-state team.

2002\866 Dan Getz, Cardinal Stritch High School - For earning honorable
mention recognition on the Iowa Newspaper Association All-State
boys' basketball team, Class 1-A.

2002\867 Jesse Hill, Keokuk - For earning honorable mention recognition on
the Iowa Newspaper Association All-State boys' basketball team,
Class 3-A.

2002\868 Megan Fedler, Central Lee High School - For being chosen a player
on the SEI Superconference All-Conference girls' basketball second
team, west division.

2002\869 Cassie Pardall, Central Lee High School - For being chosen a player
on the SEI Superconference All-Conference girls' basketball firt
team, west division.

2002\870 Sarah Weirather, Central Lee High School - For being chosen a
player on the SEI Superconference All-Conference girls' basketball
first team, west division.

2002\871 Jenna Muerhoff, Central Lee High School - For an honorable
mention selection for the SEI Superconference All-Conference girls'
basketball team, west division.

2002\872 Ashley Fett, Central Lee High School - For an honorable mention
selection for the SEI Superconference All-Conference girls'
basketball team, west division.

AMENDMENTS FILED

H-8436 S.F. 2228 Fallon of Polk
H-8438 S.F. 2228 Osterhaus of Jackson
H-8439 S.F. 2228 Osterhaus of Jackson
H-8442 S.F. 2228 Fallon of Polk
H-8443 S.F. 2179 Smith of Marshall
Brunkhorst of Bremer
Ford of Polk

On motion by Rants of Woodbury the House adjourned at 4:39
p.m., until 8:45 a.m., Wednesday, March 27, 2002.


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