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Ninety-third Calendar Day - Sixty-second Session Day Hall of the House of Representatives Des Moines, Iowa, Tuesday, April 11, 1995 The House met pursuant to adjournment at 8:45 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend Thomas J. Bower, First Presbyterian Church, Marshalltown. The Journal of Monday, April 10, 1995 was approved. PETITIONS FILED The following petitions were received and placed on file: By Arnold of Lucas from forty-two citizens of Keokuk County, favoring the issuance of driver's licenses in the County Treasurer's office of Keokuk County. By Drake of Pottawattamie, from thirty-six constituents favoring the reinstatement of funding for the Older Iowans Legislature. By Weidman of Cass from three hundred ten constituents of Montgomery County favoring issuance of driver's licenses in the County Treasurer's office. HOUSE FILE 561 REREFERRED The Speaker announced that House File 561, previously referred to committee on state government, was rereferred to committee on ways and means. CONSIDERATION OF BILLS Unfinished Business Calendar The House resumed consideration of Senate File 385, a bill for an act authorizing the appointment of a city board of review by certain cities, previously deferred and placed on the unfinished business calendar. Klemme of Plymouth 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. 385) The ayes were, 97: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 3: Brammer Dinkla Running The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Regular Calendar Senate File 82, a bill for an act relating to medical assistance provisions including those relating to presumptive eligibility for pregnant women and the estates and trusts of recipients of medical assistance and providing an effective date, with report of committee recommending amendment and passage, was taken up for consideration. Blodgett of Cerro Gordo offered the following amendment H-3219 filed by the committee on human resources and moved its adoption: H-3219 1 Amend Senate File 82, as amended, passed, and re- 2 printed by the Senate, as follows: 3 1. Page 1, line 11, by inserting after the words 4 "following the" the following: "month of the". 5 2. Page 1, by inserting after line 33 the 6 following: 7 "Sec. ___. Section 249A.12, subsection 3, Code 8 1995, is amended to read as follows: 9 3. If a county reimburses the department for 10 medical assistance provided under this section and the 11 amount of medical assistance is subsequently repaid 12 through a medical assistance income trust or a medical 13 assistance special needs trust as defined in section 14 633.707, the department shall reimburse the county on 15 a proportionate basis. The department shall adopt 16 rules to implement this subsection." 17 3. Page 2, by inserting after line 23 the 18 following: 19 "Sec. ___. Section 561.19, Code 1995, is amended 20 to read as follows: 21 561.19 EXEMPTION IN HANDS OF ISSUE. 22 Where the homestead descends to the issue of either 23 spouse thesameissue shall be heldby suchissue24 exempt from any antecedent debts oftheirthe issue's 25 parents ortheir ownantecedent debts of the issue, 26 except those of the ownerthereofof the homestead 27 contracted prior toitsacquisition of the homestead 28 or those created under section 249A.5 relating to the 29 recovery of medical assistance payments. 30 Sec. ___. Section 633.410, Code 1995, is amended 31 to read as follows: 32 633.410 LIMITATION ON FILING CLAIMS AGAINST 33 DECEDENT'S ESTATE. 34 All claims against a decedent's estate, other than 35 charges, whether due or to become due, absolute or 36 contingent, liquidated or unliquidated, founded on 37 contract or otherwise, are forever barred against the 38 estate, the personal representative, and the 39 distributees of the estate, unless filed with the 40 clerk within the later to occur of four months after 41 the date of the second publication of the notice to 42 creditors or, as to each claimant whose identity is 43 reasonably ascertainable, one month after service of 44 notice by ordinary mail to the claimant's last known 45 address. However, notice is not required to be given 46 by mail to any creditor whose claim will be paid or 47 otherwise satisfied during administration and the 48 personal representative may waive the limitation on 49 filing provided under this section. This section does 50 not bar claims for which there is insurance coverage, Page 2 1 to the extent of the coverage, claims for debts 2 created under section 249A.5 relating to the recovery 3 of medical assistance payments, or claimants entitled 4 to equitable relief due to peculiar circumstances." 5 4. By renumbering as necessary. The committee amendment H-3219 was adopted. Blodgett of Cerro Gordo moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 82) The ayes were, 95: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 5: Brammer Brunkhorst Myers Running Veenstra The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Unfinished Business Calendar The House resumed consideration of Senate File 141, a bill for an act relating to notice for vacating and closing roads, previously deferred and placed on the unfinished business calendar. Carroll of Poweshiek offered the following amendment H-3525 filed by him and moved its adoption: H-3525 1 Amend Senate File 141, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 14, by inserting after the word 4 "city" the following: ", who own ten or more acres of 5 land". Amendment H-3525 was adopted. Carroll of Poweshiek 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. 141) The ayes were, 94: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, 4: Brunkhorst Grundberg Main Teig Absent or not voting, 2: Brammer Running The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. The House resumed consideration of Senate File 155, a bill for an act relating to employment services by eliminating wage credit liability transfers and allowing all employers relief from charges when an unemployment compensation overpayment is made and providing an applicability date, previously deferred and placed on the unfinished business calendar. LEAVE OF ABSENCE Leave of absence was granted as follows: Running of Linn, on request of Schrader of Marion. Hanson of Black Hawk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 155) The ayes were, 95: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 5: Brammer Carroll Drees Moreland Running The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 188 WITHDRAWN Carroll of Poweshiek asked and received unanimous consent to withdraw House File 188 from further consideration by the House. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 82, 141, 155 and 385. Appropriations Calendar House File 512, a bill for an act appropriating funds to the department of economic development, the Wallace technology transfer foundation, the public employment relations board, and the department of employment services and providing an immediate effective date, was taken up for consideration. Churchill of Polk offered the following amendment H-3851 filed by him and Baker and moved its adoption: H-3851 1 Amend House File 512 as follows: 2 1. Page 1, by striking everything after the 3 enacting clause and inserting the following: 4 "Section 1. There is appropriated from the general 5 fund of the state and other designated funds to the 6 department of economic development for the fiscal year 7 beginning July 1, 1995, and ending June 30, 1996, on 8 the conditions that the director shall submit to the 9 general assembly by December 1, 1995, a report 10 regarding the potential for increased efficiency and 11 cost savings from combining the workforce development 12 division with the workforce development initiative and 13 that the department shall not use any moneys 14 appropriated under this Act for further expansion of 15 industrial site locator programs until the industrial 16 site locator program at the university of northern 17 Iowa is completed and fully implemented and the 18 department and the university have reported to the 19 general assembly on plans for coordination and 20 cooperation between the department and the university, 21 including access by the department to the database and 22 technology of the university program, the following 23 amounts, or so much thereof as is necessary, to be 24 used for the purposes designated: 25 1. ADMINISTRATIVE SERVICES DIVISION 26 a. General administration 27 For salaries, support, maintenance, miscellaneous 28 purposes, provided the director shall take all 29 reasonable efforts to reduce the number of staff and 30 level of funding committed to activities of the 31 director's office and general administration, 32 including the transfer of staff and funds to the 33 operational divisions of the department, and the 34 consolidation of functions and reduction in department 35 staff, and for providing that a business receiving 36 moneys from the department for the purpose of job 37 creation shall make available ten percent of the new 38 jobs created for promise jobs program participants who 39 are qualified for the jobs: 40 $ 916,000 41 .FTEs 22.00 42 The director shall coordinate efforts with the 43 workforce coordinator to implement the intent of the 44 general assembly regarding businesses receiving job 45 creation moneys and shall report to the joint economic 46 development appropriations subcommittee regarding the 47 number of jobs to be created by each business, the 48 number of qualified promise jobs participants applying 49 with the business, and the number of promise jobs 50 participants hired. Page 2 1 b. Primary research and computer center 2 For salaries, support, maintenance, miscellaneous 3 purposes, and for not more than the following full- 4 time equivalent positions: 5 $ 300,000 6 FTEs 5.50 7 The department shall report to the general assembly 8 by December 1, 1995, on the available options and 9 potential cost savings regarding privatizing computer 10 services for primary research. 11 c. Film office 12 For salaries, support, maintenance, miscellaneous 13 purposes, and for not more than the following full- 14 time equivalent positions: 15 $ 185,000 16 FTEs 2.00 17 2. BUSINESS DEVELOPMENT DIVISION 18 a. Business development operations 19 For salaries, support, maintenance, miscellaneous 20 purposes, and for not more than the following full- 21 time equivalent positions: 22 ... . .$ 3,000,000 23 FTEs 16.00 24 b. Small business programs 25 For salaries, support, maintenance, miscellaneous 26 purposes, and for not more than the following full- 27 time equivalent positions for the small business 28 program, the small business advisory council, targeted 29 small business program, business incubators, for 30 providing 1.00 FTE for the targeted small business 31 compliance officer who shall continue to work jointly 32 with the department of management, for eliminating the 33 position of small business resource office manager, 34 implementing the small business resource office 35 reorganization plan by July 1, 1995, and for reporting 36 to the joint economic development appropriations 37 subcommittee and the legislative fiscal bureau on the 38 reorganization, and for deaf interpreters funded 39 through the economic development deaf interpreters 40 revolving fund established in section 15.108, 41 subsection 7, paragraph "j": 42 $ 365,000 43 FTEs 6.00 44 c. Federal procurement office 45 For salaries, support, maintenance, miscellaneous 46 purposes, and for not more than the following full- 47 time equivalent positions: 48 $ 90,000 49 FTEs 3.00 50 Notwithstanding section 8.33, moneys remaining Page 3 1 unencumbered or unobligated on June 30, 1996, shall 2 not revert and shall be available for expenditure 3 during the fiscal year beginning July 1, 1996, for the 4 same purposes. 5 d. Strategic investment fund 6 For deposit in the strategic investment fund for 7 salaries, support, and for not more than the following 8 full-time equivalent positions: 9 $ 5,600,000 10 FTEs 10.00 11 e. Targeted small business incubator 12 Moneys appropriated for fiscal year 1994-1995 and 13 not expended by June 30, 1995, shall not revert but 14 shall be held by the department for funding, with 15 local matching funds, the targeted small business 16 incubator in Des Moines for the fiscal year beginning 17 July 1, 1995, and ending June 30, 1996. 18 f. Insurance economic development 19 There is appropriated from moneys collected by the 20 division of insurance in excess of the anticipated 21 gross revenues under section 505.7, subsection 3, to 22 the department for the fiscal year beginning July 1, 23 1995, and ending June 30, 1996, the following amount, 24 or so much thereof as is necessary, for insurance 25 economic development and international insurance 26 economic development: 27 $ 200,000 28 3. COMMUNITY DEVELOPMENT DIVISION 29 a. Community assistance 30 For salaries, support, maintenance, miscellaneous 31 purposes, and for not more than the following full- 32 time equivalent positions for administration of the 33 community economic preparedness program, the Iowa 34 community betterment program, and the city development 35 boards: 36 $ 615,000 37 FTEs 7.50 38 From the funds appropriated in this paragraph, 39 $50,000 shall be allocated for the junior olympics. 40 b. Main street/rural main street program 41 For salaries and support for not more than the 42 following full-time equivalent positions: 43 $ 410,000 44 FTEs 3.00 45 Notwithstanding section 8.33, moneys committed to 46 grantees under contract from the general fund of the 47 state that remain unexpended on June 30 of the fiscal 48 year shall not revert to any fund but shall be 49 available for expenditure for purposes of the contract 50 during the succeeding fiscal year. Page 4 1 c. Rural development program 2 For salaries, support, maintenance, miscellaneous 3 purposes, for not more than the following full-time 4 equivalent positions for rural resource coordination, 5 rural community leadership, and the rural enterprise 6 fund: 7 $ 600,000 8 FTEs 4.50 9 There is also appropriated from the rural community 10 2000 program revolving fund established in section 11 15.287 to the rural development program for the 12 purposes of the program including the rural enterprise 13 fund and collaborative skills development training: 14 $ 226,000 15 Notwithstanding section 8.33, moneys committed to 16 grantees under contract from the general fund of the 17 state or through transfers from the Iowa community 18 development loan fund or from the rural community 2000 19 program revolving fund that remain unexpended at the 20 end of the fiscal year shall not revert but shall be 21 available for expenditure for purposes of the contract 22 during the succeeding fiscal year. 23 d. Community development block grant and HOME 24 For administration and related federal housing and 25 urban development grant administration for salaries, 26 support, maintenance, miscellaneous purposes, and for 27 not more than the following full-time equivalent 28 positions: 29 $ 390,000 30 FTEs 18.76 31 e. Councils of governments 32 There is appropriated from the rural community 2000 33 program revolving fund established in section 15.287 34 to provide to Iowa's councils of governments funds for 35 planning and technical assistance funds to assist 36 local governments to develop community development 37 strategies for addressing long-term and short-term 38 community needs: 39 $ 178,000 40 f. Housing development fund 41 For providing technical assistance to communities 42 of all sizes and local financial institutions to help 43 meet local housing needs: 44 $ 100,000 45 g. Community voice mail pilot project 46 For a community voice mail pilot project at a 47 homeless for emergency shelter or shelters, to be 48 coordinated with the Iowa finance authority: 49 $ 10,000 50 4. INTERNATIONAL DIVISION Page 5 1 a. International trade operations 2 For coordinating and eliminating duplication of 3 effort with the department of agriculture and land 4 stewardship, conducting foreign trade missions on 5 behalf of Iowa businesses, salaries, support, 6 maintenance, miscellaneous purposes, for allocating 7 $33,500 and up to two full-time equivalent positions 8 for the international development foundation which 9 shall continue as a private entity, and for not more 10 than the following full-time equivalent positions: 11 $ 757,500 12 FTEs 9.00 13 The international development foundation shall 14 notify the department of management by October 1, 15 1995, regarding whether the foundation will receive 16 federal funding during the state fiscal year beginning 17 July 1, 1995, and ending June 30, 1996. If, for the 18 federal fiscal year beginning October 1, 1995, and 19 ending September 30, 1996, no new federal funding will 20 be received by the foundation during the state fiscal 21 year beginning July 1, 1995, and ending June 30, 1996, 22 the balance of the funds allocated to the foundation 23 in this paragraph shall revert to the general fund of 24 the state. Notwithstanding section 8.33, if federal 25 funding will be received by the foundation moneys 26 allocated to the foundation that remain unexpended on 27 June 30 of the fiscal year shall not revert to any 28 fund but shall be available for expenditure for the 29 purposes of the foundation during the succeeding 30 fiscal year. It is the intent of the general assembly 31 that funding for the foundation shall cease after 32 fiscal year 1996-1997. 33 b. Foreign trade offices 34 For salaries, support, maintenance, miscellaneous 35 purposes, and for not more than the following full- 36 time equivalent positions: 37 $ 590,000 38 c. Export trade assistance program 39 For export trade activities, including a program to 40 encourage and increase participation in trade shows 41 and trade missions by providing financial assistance 42 to businesses for a percentage of their costs of 43 participating in trade shows and trade missions, by 44 providing for the lease/sublease of showcase space in 45 existing world trade centers, by providing temporary 46 office space for foreign buyers, international 47 prospects, and potential reverse investors, and by 48 providing other promotional and assistance activities, 49 provided that the department shall consult with the 50 department of agriculture and land stewardship prior Page 6 1 to allocating export trade assistance program moneys, 2 including salaries and support for not more than the 3 following full-time equivalent positions: 4 $ 275,000 5 FTEs 0.25 6 d. Agricultural product advisory council 7 For support, maintenance, and miscellaneous 8 purposes: 9 $ 1,300 10 e. For transfer to the partner state program which 11 the department may use to contract with private groups 12 or organizations which are the most appropriate to 13 administer this program and the groups and 14 organizations participating in the program shall, to 15 the fullest extent possible, provide the funds to 16 match the appropriation made in this subsection of the 17 funds transferred: 18 $ 100,000 19 5. TOURISM DIVISION 20 a. Tourism operations 21 For salaries, support, maintenance, miscellaneous 22 purposes, and for not more than the following full- 23 time equivalent positions, provided that the 24 appropriation shall not be used for advertising 25 placements for in-state and out-of-state tourism 26 marketing: 27 $ 716,000 28 FTEs 17.77 29 b. Tourism advertising 30 For contracting exclusively for tourism advertising 31 for in-state and out-of-state tourism marketing 32 services, tourism promotion programs, electronic 33 media, print media, and printed materials and for 34 allocating $300,000 to develop brochures and 35 television advertising to highlight the heritage 36 tourism program and the sesquicentennial: 37 $ 2,687,000 38 The department shall not use the moneys 39 appropriated in this lettered paragraph, except the 40 $300,000 allocated for heritage tourism and 41 sesquicentennial advertising, unless the department 42 develops public-private partnerships with Iowa 43 businesses in the tourism industry, Iowa tour groups, 44 Iowa tourism organizations, and political subdivisions 45 in this state to assist in the development of 46 advertising efforts. The department shall, to the 47 fullest extent possible, develop cooperative efforts 48 for advertising with contributions from other sources. 49 c. Welcome center program 50 To implement the recommendations of the statewide Page 7 1 long-range plan for developing and operating welcome 2 centers throughout the state and for planning for a 3 welcome center at living history farms: 4 $ 240,000 5 6. WORKFORCE DEVELOPMENT DIVISION 6 a. Youth work force programs 7 For purposes of the conservation corps, including 8 salary, support, maintenance, miscellaneous purposes, 9 and for not more than the following full-time 10 equivalent positions: 11 $ 940,000 12 FTEs 2.40 13 Notwithstanding section 8.33, moneys committed to 14 grantees under contract that remain unexpended on June 15 30 of the fiscal year shall not revert to any fund but 16 shall be available for expenditure for purposes of the 17 contract during the succeeding fiscal year. 18 b. Job retraining program 19 For not more than the following full-time 20 equivalent positions, including salaries and support: 21 FTEs 1.31 22 There is appropriated from the rural community 2000 23 program revolving fund established in section 15.287 24 to the community job training fund created in section 25 260F.6, subsection 1, $225,000. It is the intent of 26 the general assembly that up to $101,894 of all funds 27 appropriated to the program and some or all of the 28 full-time equivalent positions may be used for the 29 administration of the Iowa small business new jobs 30 training Act. 31 c. Workforce investment program 32 For allocating $425,000 for funding, to the extent 33 possible, the currently existing high technology 34 apprenticeship programs, under section 260C.44 at the 35 community colleges, and for the purposes of the 36 workforce investment program, for a competitive grant 37 program by the department in consultation with the 38 state job training coordinating council for projects 39 that increase Iowa's pool of available labor via 40 training and support services with priority given to 41 projects which serve displaced homemakers or welfare 42 recipients, including salaries and support for not 43 more than the following full-time equivalent 44 positions: 45 $ 903,000 46 FTEs 0.90 47 The department shall develop new administrative 48 rules for distribution of apprenticeship funding for 49 fiscal years beginning July 1, 1996. 50 The department shall ensure that the workforce Page 8 1 investment program is coordinated with services 2 provided under the federal Job Training Partnership 3 Act and that welfare recipients receive priority for 4 services under both programs. 5 The department and the community colleges shall 6 jointly review the Iowa small business new jobs 7 training Act, chapter 260F, including, but not limited 8 to, studying the funding of retraining programs 9 through consortia and supplier networks and entering 10 into multiple retraining agreements to the same 11 business. The report of the review shall be jointly 12 submitted to the joint economic development 13 appropriations subcommittee not later than January 10, 14 1996. 15 Notwithstanding section 8.33, moneys committed to 16 grantees under contract that remain unexpended at the 17 end of the fiscal year, shall not revert to any fund 18 but shall be available for expenditure for purposes of 19 the contract during the succeeding fiscal year. 20 d. Labor management councils 21 For salaries, support, maintenance, miscellaneous 22 purposes, and for not more than the following full- 23 time equivalent positions: 24 $ 100,000 25 FTEs 0.50 26 It is the intent of the general assembly that 27 funding for labor management councils shall be 28 privately financed after fiscal year 1996-1997. The 29 department shall not use moneys appropriated in this 30 lettered paragraph for grants to grantees who do not 31 facilitate the active participation of labor as 32 members of labor management councils or who fail to 33 make a good faith effort to either schedule meetings 34 during nonworking hours or obtain voluntary agreements 35 with employers to allow employees time off to attend 36 labor management council meetings with no loss of pay 37 or other benefits. 38 Notwithstanding section 8.33, moneys committed to 39 grantees under contract that remain unexpended on June 40 30 of the fiscal year shall not revert to any fund but 41 shall be available for expenditure for purposes of the 42 contract during the succeeding fiscal year. 43 Sec. 2. Notwithstanding section 15E.120, 44 subsections 5, 6, and 7, and section 15.287, there is 45 appropriated from the Iowa community development loan 46 fund all the moneys available during the fiscal year 47 beginning July 1, 1995, and ending June 30, 1996, to 48 the department of economic development for the rural 49 development program to be used by the department for 50 the purposes of the program. Page 9 1 Sec. 3. Notwithstanding section 15.251, subsection 2 2, there is appropriated from the job training fund 3 created in the office of the treasurer of state to the 4 department of economic development for the fiscal year 5 beginning July 1, 1995, and ending June 30, 1996, the 6 following amounts, or so much thereof as is necessary, 7 to be used for the purposes designated: 8 1. For administration of chapter 260E, including 9 salaries, support, maintenance, miscellaneous 10 purposes, and for not more than the following full- 11 time equivalent positions: 12 $ 160,000 13 FTEs 2.40 14 2. For the target alliance program: 15 $ 30,000 16 Sec. 4. There is appropriated from the general 17 fund of the state to the Wallace technology transfer 18 foundation for the fiscal year beginning July 1, 1995, 19 and ending June 30, 1996, the following amount, or so 20 much thereof as is necessary, to be used for the 21 purposes designated: 22 For salaries, support, maintenance, and other 23 operational purposes, for reporting by December 1, 24 1995, to the joint economic development appropriations 25 subcommittee on a plan regarding restructuring the 26 foundation, merging with the department of economic 27 development in fiscal year 1996-1997, and for 28 transferring, all equity holdings to the Iowa seed 29 capital corporation, for administering the industrial 30 technology access program, for approving and 31 submitting to the governor and general assembly not 32 later than January 15 an annual report relating to 33 performance goals of and efforts by the foundation to 34 improve the modernization of industrial facilities, 35 for funding the small business innovation research 36 program, and for not more than the following full-time 37 equivalent positions: 38 . $ 1,950,000 39 FTEs 4.00 40 The Iowa quality coalition shall submit a proposal 41 to the joint economic development appropriations 42 subcommittee and the legislative fiscal bureau by 43 December 1, 1995, regarding awarding funds for 44 productivity enhancement projects through a request 45 for proposal process. 46 Sec. 5. There is appropriated from the general 47 fund of the state to the Iowa seed capital corporation 48 fund established in section 15E.89, for not more than 49 the following full-time equivalent positions, and for 50 meeting the intent of the general assembly that the Page10 1 Iowa seed capital corporation may expend all funds 2 remaining, on June 30, 1995, from the industrial 3 technology access program for the purposes of the 4 corporation: 5 $ 483,000 6 FTEs 5.00 7 Sec. 6. There is appropriated from the general 8 fund of the state to the Iowa state university of 9 science and technology for the fiscal year beginning 10 July 1, 1995, and ending June 30, 1996, the following 11 amounts, or so much thereof as is necessary, to be 12 used for the purposes designated: 13 1. For funding and maintaining in their current 14 locations the existing small business development 15 centers, for providing up to $33,000, or so much 16 thereof as is necessary, for salary increases of not 17 more than three percent from all sources for 18 nonuniversity employees provided that any amount not 19 required for salary increases for nonuniversity 20 employees shall revert to the general fund of the 21 state, and for not more than the following full-time 22 equivalent positions: 23 $ 1,185,000 24 FTEs 6.07 25 2. For funding the institute for physical research 26 and technology, provided that $318,358 shall be 27 allocated to the institute for physical research and 28 technology industrial incentive program in accordance 29 with the intent of the general assembly, and for not 30 more than the following full-time equivalent 31 positions: 32 $ 4,000,000 33 FTEs 61.17 34 It is the intent of the general assembly that the 35 incentive program focus on Iowa industrial sectors and 36 seek contributions and in-kind donations from 37 businesses, industrial foundations, and trade 38 associations and that moneys for the institute for 39 physical research and technology industrial incentive 40 program shall only be allocated for projects which are 41 matched by private sector moneys for directed contract 42 research or for nondirected research. The match 43 required of small businesses as defined in section 44 15.102, subsection 4, for directed contract research 45 or for nondirected research shall be $1 for each $3 of 46 state funds. The match required for other businesses 47 for directed contract research or for nondirected 48 research shall be $1 for each $1 of state funds. The 49 match required of industrial foundations or trade 50 associations shall be $1 for each $1 of state funds. Page 11 1 Iowa state university shall report annually to the 2 joint economic development subcommittee of the senate 3 and house appropriations committees the total amounts 4 of private contributions, the proportion of 5 contributions from small businesses and other 6 businesses, and the proportion for directed contract 7 research and nondirected research of benefit to Iowa 8 businesses and industrial sectors. 9 Notwithstanding section 8.33, moneys appropriated 10 for any fiscal year which remain unobligated and 11 unexpended at the end of the fiscal year shall not 12 revert but shall be available for expenditure the 13 following fiscal year. 14 Sec. 7. There is appropriated from the general 15 fund of the state to the state university of Iowa for 16 the fiscal year beginning July 1, 1995, and ending 17 June 30, 1996, the following amount, or so much 18 thereof as is necessary, to be used for the purpose 19 designated: 20 For funding the advanced drug development program 21 at the Oakdale research park and for not more than the 22 following full-time equivalent positions: 23 $ 309,000 24 FTEs 2.85 25 The board of regents shall submit a report on the 26 progress of regents institutions in meeting the 27 strategic plan for technology transfer and economic 28 development to the chairpersons of the joint 29 appropriations subcommittee on economic development, 30 the joint appropriations subcommittee on education, 31 the majority leader, and minority leader of the 32 senate, the majority and minority leaders of the house 33 of representatives, the secretary of the senate, the 34 chief clerk of the house of representatives, and the 35 legislative fiscal bureau by December 1, 1995. 36 Sec. 8. Not later than July 1, 1995, the 37 department of economic development, with consultation 38 and input from the general assembly, and 39 representatives from business, labor, and education 40 shall study and present recommendations to the general 41 assembly which shall include but not be limited to the 42 privatization and decentralization of Iowa's economic 43 development efforts, the identification of areas 44 appropriate to statewide economic development efforts 45 and areas appropriate for regional economic 46 development efforts, benchmark budgeting for statewide 47 and regional efforts, the deregulation of economic 48 development activities, and collaboration between 49 public and private entities. 50 Sec. 9. DEPARTMENT OF EMPLOYMENT SERVICES. There Page 12 1 is appropriated from the general fund of the state, 2 provided that the department not implement a 3 reorganization plan, without prior approval of the 4 general assembly, by concurrent resolution, to the 5 department of employment services for the fiscal year 6 beginning July 1, 1995, and ending June 30, 1996, the 7 following amounts, or so much thereof as is necessary, 8 for the purposes designated, including that the 9 department of employment services, the department of 10 personnel, and the department of management shall 11 ensure that all nonsupervisory full-time equivalent 12 positions authorized and funded for the department of 13 employment services in this section will be utilized 14 during the fiscal year beginning July 1, 1995, and 15 ending June 30, 1996, and during future fiscal years, 16 and will not be held vacant, to ensure that the 17 backlog of cases in that department will be reduced as 18 rapidly as possible: 19 1. DIVISION OF LABOR SERVICES 20 For salaries, support, maintenance, miscellaneous 21 purposes, and for not more than the following full- 22 time equivalent positions contingent upon the 23 enactment of section 10 of this Act and the provision 24 which requires moneys appropriated from the special 25 employment security contingency fund to first be used 26 to fully fund the appropriation of $296,000 to the 27 division of labor services in subsection 1 of section 28 11 of this Act prior to funding the appropriation in 29 section 11 of this Act to the division of industrial 30 services: 31 .. $ 2,466,000 32 FTEs 87.00 33 The division of labor services shall ensure all 34 occupational safety and health personnel complete the 35 department of employment services ambassador customer 36 service classes. The division of labor shall ensure a 37 customer satisfaction survey developed by the 1994 38 focus group is completed and a written report 39 containing the results of the survey is submitted to 40 the department of management and the legislative 41 fiscal bureau not later than October 1, 1995. 42 It is the intent of the general assembly that the 43 division of labor services shall conduct all 44 inspection functions in the division as efficiently as 45 possible. The division shall, to the extent possible, 46 eliminate duplicate travel to the same location for 47 separate inspections made at different times, and 48 shall consolidate such inspections in the same trip 49 whenever possible. 50 From the contractor registration fees, the division Page 13 1 of labor services shall reimburse the department of 2 inspections and appeals for all costs associated with 3 hearings under chapter 91C, relating to contractor 4 registration. 5 2. DIVISION OF INDUSTRIAL SERVICES 6 For salaries, support, maintenance, miscellaneous 7 purposes, and for not more than the following full- 8 time equivalent positions: 9 $ 2,106,000 10 FTEs 33.00 11 3. For salaries, support, maintenance, 12 miscellaneous purposes, and for not more than the 13 following full-time equivalent positions for a 14 workforce development coordinator and council: 15 $ 114,000 16 FTEs 1.00 17 The workforce development coordinator shall 18 formulate a five-year written implementation plan for 19 the workforce development initiative and shall 20 implement a common intake, assessment, and client 21 tracking system by June 30, 1996, to determine the 22 economic impact of the workforce development system. 23 The coordinator shall annually provide a written 24 report no later than December 1 of each year to the 25 department of management and the legislative fiscal 26 bureau indicating all of the following: 27 a. The amounts of federal, state, and any other 28 funds expended to implement the workforce initiative. 29 b. The efficiencies achieved in terms of 30 administrative costs and other expenditures of the 31 departments involved. 32 c. The location of each workforce center, staffing 33 levels, and the number of clients served. 34 d. Any other information deemed necessary by the 35 coordinator related to the progress and success in 36 implementing the initiative. 37 e. By June 30, 1996, there shall be implemented a 38 common intake, assessment, and client tracking system 39 to determine the economic impact of the new workforce 40 development system. The tracking system shall be able 41 to track individuals who have received training or 42 retraining to determine whether the training or 43 retraining has resulted in increased wages for the 44 individuals, shall contain information on individuals 45 who have participated in or completed state subsidized 46 training or retraining programs more than once at a 47 particular community college or at different community 48 colleges and whether the training or retraining was 49 for the same business or different businesses, and 50 shall provide information regarding the number of Page 14 1 individuals who have received training or retraining 2 who are unemployed. 3 4. For the workforce development initiative to be 4 used to create model workforce development centers and 5 provide an integrated management information system: 6 $ 464,000 7 Sec. 10. ADMINISTRATIVE CONTRIBUTION SURCHARGE 8 FUND. There is appropriated from the administrative 9 contribution surcharge fund of the state to the 10 department of employment services for the fiscal year 11 beginning July 1, 1995, and ending June 30, 1996, the 12 following amount, or so much thereof as is necessary, 13 for the purposes designated: 14 DIVISION OF JOB SERVICE 15 Notwithstanding section 96.7, subsection 12, 16 paragraph "c", for salaries, support, maintenance, 17 conducting labor availability surveys, miscellaneous 18 purposes, and for not more than the following full- 19 time equivalent positions: 20 $ 5,904,000 21 ... FTEs 149.72 22 1. The department of employment services shall 23 provide services throughout the fiscal year beginning 24 July 1, 1995, and ending June 30, 1996, in all 25 communities in which workforce centers are operating 26 on July 1, 1993. However, this provision shall not 27 prevent the consolidation of multiple offices within 28 the same city or the colocation of workforce centers 29 with another public agency. 30 2. The division of industrial services shall not 31 reduce the number of scheduled hearings of contested 32 cases or eliminate the venue of such hearings, as 33 established by the division for the period beginning 34 January 1, 1995, and ending January 20, 1996. The 35 division shall also establish a substantially similar 36 schedule for such hearings for the period beginning 37 January 20, 1996, and ending June 30, 1996. The 38 division shall report to the legislative fiscal bureau 39 concerning any modification of the established 40 schedule, or any changes which the division determines 41 are necessary in establishing the schedule for the 42 period beginning January 20, 1996, and ending June 30, 43 1996. 44 3. The division shall continue charging a $65 45 filing fee for workers' compensation cases. The 46 filing fee shall be paid by the petitioner of a claim. 47 However, the fee can be taxed as a cost and paid by 48 the losing party, except in cases where it would 49 impose an undue hardship or be unjust under the 50 circumstances. Page 15 1 Sec. 11. EMPLOYMENT SECURITY CONTINGENCY FUND. 2 There is appropriated from the special employment 3 security contingency fund to the department of 4 employment services for the fiscal year beginning July 5 1, 1995, and ending June 30, 1996, the following 6 amounts, or so much thereof as is necessary, for the 7 purposes designated and subject to the requirement 8 that the appropriation to the division of labor 9 services under this section be fully funded from the 10 special employment security contingency fund prior to 11 any amounts being used to fund the appropriation made 12 to the division of industrial services under this 13 section: 14 1. DIVISION OF LABOR SERVICES 15 For salaries, support, maintenance, and 16 miscellaneous purposes: 17 $ 296,000 18 2. DIVISION OF INDUSTRIAL SERVICES 19 For salaries, support, maintenance, and 20 miscellaneous purposes: 21 $ 175,000 22 Any additional penalty and interest revenue may be 23 used to accomplish the mission of the division. 24 Sec. 12. PUBLIC EMPLOYMENT RELATIONS BOARD. There 25 is appropriated from the general fund of the state to 26 the public employment relations board for the fiscal 27 year beginning July 1, 1995, and ending June 30, 1996, 28 the following amount, or so much thereof as is 29 necessary, for the purposes designated: 30 For salaries, support, maintenance, miscellaneous 31 purposes, and for not more than the following full- 32 time equivalent positions: 33 $ 755,000 34 FTEs 12.80 35 Sec. 13. There is appropriated from the general 36 fund of the state to the Iowa finance authority for 37 the fiscal year beginning July 1, 1995, and ending 38 June 30, 1996, the following amount, or so much 39 thereof as is necessary, to be used for the purpose 40 designated: 41 For deposit in the housing improvement fund created 42 in section 16.100 for purposes of the fund: 43 $ 510,000 44 Sec. 14. There is appropriated from the general 45 fund of the state to the division of insurance of the 46 department of commerce for the fiscal year beginning 47 July 1, 1995, and ending June 30, 1996, the following 48 amount, or so much thereof as is necessary, to be used 49 for the purpose designated provided that Senate File 50 347 is enacted: Page 16 1 For an actuarial study to determine the cost of 2 requiring health insurance policies for individuals to 3 include mental health and substance abuse treatment as 4 covered items: 5 $ 25,000 6 Sec. 15. Section 15.317, Code 1995, is amended by 7 adding the following new subsection: 8 NEW SUBSECTION. 4. Assistance approved by the 9 board shall be utilized by the business within two 10 years of the date of the approval of the assistance. 11 Funds not utilized in accordance with this subsection 12 shall revert to the control of the board. The 13 business may reapply for assistance in that case. 14 Sec. 16. FEDERAL GRANTS. All federal grants to 15 and the federal receipts of agencies appropriated 16 funds under this Act, not otherwise appropriated, are 17 appropriated for the purposes set forth in the federal 18 grants or receipts unless otherwise provided by the 19 general assembly. 20 Sec. 17. BUDGET UNIT DESIGNATIONS. The department 21 of management shall, prior to January 15, 1996, 22 conform all budget unit designations to the 23 designations used in the Code. 24 Sec. 18. Notwithstanding any other provision, any 25 unencumbered or unobligated balance on June 30, 1995, 26 in the targeted small business financial assistance 27 program account created in section 15.247, including 28 moneys remaining in any reserve account within the 29 program account for guaranteed loans that have been 30 repaid, shall be transferred out of the program 31 account, including the appropriate reserve accounts, 32 and deposited to the credit of the Iowa strategic 33 investment fund created in section 15.313 and shall be 34 appropriated to the department of economic development 35 for purposes of the Iowa strategic investment fund 36 targeted small business financial assistance program. 37 Sec. 19. Chapter 38, Code 1995, is repealed. 38 Sec. 20. EFFECTIVE DATE. The provisions relating 39 to implementing the reorganization of the small 40 business resource office in section 1, subsection 2, 41 paragraph "b" of this Act, being deemed of immediate 42 importance, take effect upon enactment." 43 2. Title page, line 2, by inserting after the 44 word "development," the following: "the Iowa finance 45 authority,". 46 3. Title page, line 2, by inserting after the 47 word "foundation," the following: "division of 48 insurance of the department of commerce, the Iowa seed 49 capital corporation, the international development 50 foundation,". Page 17 1 4. Title page, line 4, by inserting after the 2 word "services" the following: ", making related 3 statutory changes,". Siegrist of Pottawattamie asked and received unanimous consent to defer action on House File 512. (Amendment H-3851 pending.) Unfinished Business Calendar The House resumed consideration of Senate File 233, a bill for an act relating to the suspension and revocation of driver's licenses and providing penalties for violations of out-of-service orders, previously deferred and placed on the unfinished business calendar. Blodgett of Cerro Gordo moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 233) The ayes were, 97: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 3: Brammer Drees Running The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Regular Calendar Senate File 162, a bill for an act eliminating the minimum amount which must be borrowed under a home equity line of credit, with report of committee recommending passage, was taken up for consideration. Jacobs of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 162) The ayes were, 95: Arnold Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 5: Baker Brammer Eddie Mertz Running The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 162 and 233. Senate File 234, a bill for an act relating to the powers and duties of the department of natural resources by amending procedures for issuing and establishing fees for scientific collector's licenses or permits, with report of committee recommending passage, was taken up for consideration. Brauns of Muscatine 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. 234) The ayes were, 96: Arnold Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Shoultz Siegrist Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 4: Baker Brammer Running Sukup The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Unfinished Business Calendar The House resumed consideration of Senate File 375, a bill for an act relating to abandoned property subject to control by the treasurer of state, previously deferred and placed on the unfinished business calendar. Jacobs of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 375) The ayes were, 97: Arnold Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 3: Baker Brammer Running The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Regular Calendar Senate File 174, a bill for an act relating to health facilities under the purview of the department of inspections and appeals, with report of committee recommending passage, was taken up for consideration. Martin 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?" (S.F. 174) The ayes were, 92: Arnold Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Lord Main Mascher May McCoy Mertz Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Maanen Vande Hoef Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 8: Baker Brammer Larson Martin Metcalf Running Van Fossen Veenstra The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 175, a bill for an act relating to the definition of the federal Truth in Lending Act in the Iowa consumer credit code, with report of committee recommending passage, was taken up for consideration. Lamberti of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 175) The ayes were, 98: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 2: Brammer Running The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 174, 175, 234 and 375. Unfinished Business Calendar The House resumed consideration of Senate File 159, a bill for an act relating to the payment of wages to a suspended or terminated employee under the Iowa wage payment collection law, previously deferred and placed on the unfinished business calendar. Veenstra of Sioux 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. 159) The ayes were, 98: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 2: Brammer Running The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 178 WITHDRAWN Tyrrell of Iowa asked and received unanimous consent to withdraw House File 178 from further consideration by the House. The House resumed consideration of House File 479, a bill for an act relating to the duties of the county treasurer and providing effective and applicability dates, previously deferred and placed on the unfinished business calendar. Vande Hoef of Osceola offered the following amendment H-3794 filed by him and moved its adoption: H-3794 1 Amend House File 479 as follows: 2 1. By striking everything after the enacting 3 clause and inserting the following: 4 "Section 1. Section 321.40, unnumbered paragraph 5 2, Code 1995, is amended to read as follows: 6 On or before the fifteenth day of the month of 7 expiration of a vehicle's registration the county 8 treasurer shall send a statement by mail of fees due 9 to the appropriate owner of record. The statement 10 shall be mailed to the most current address of record, 11 showing information sufficient to identify the vehicle 12 and a listing of the various fees as appropriate. 13 Failure to receive a statement shall have no effect 14 upon the accrual of penalty at the appropriate date. 15This paragraph applies to counties with a population16of one hundred thousand or more. This paragraph17applies to any county with a population of less than18one hundred thousand at the discretion of the county19treasurer.20 Sec. 2. Section 321.45, subsection 4, Code 1995, 21 is amended to read as follows: 22 4.Within seven days of the sale and delivery of a23mobile home, the dealer making the sale shall certify24to the county treasurer of the county where the unit25is delivered, the name and address of the purchaser,26the point of delivery to the purchaser, and the make,27year of manufacture, taxable size, and identification28number of the unit.A mobile home dealer, as defined 29 in section 322B.2, shall within fifteen days of 30 acquiring a used mobile or manufactured home, titled 31 in Iowa, apply for and obtain from the county 32 treasurer of the dealer's county of residence a new 33 certificate of title for the mobile or manufactured 34 home. 35 Sec. 3. Section 331.506, subsection 1, Code 1995, 36 is amended to read as follows: 37 1. Except as provided in subsections 2 and 3, the 38 auditor shall sign or issue a county warrant only 39 after approval of the board by recorded vote. Each 40 warrant shall be numbered and the date, amount, 41 number,and thename of the person to whom issued, and 42 the purpose for which the warrant is issued, shall be 43recorded and filed in the auditor's officeentered in 44 the county system. Each warrant shall be made payable 45 to the person performing the service or furnishing the 46 supplies for which the warrant makes paymentand the47purpose for which the warrant is issued shall be48stated on it. 49 Sec. 4. Section 331.552, subsection 4, Code 1995, 50 is amended to read as follows: Page 2 1 4. Keep the official county seal provided by the 2 county. The official seal shall be an impression seal 3 on the face of which shall appear the name of the 4 county, the word "county" which may be abbreviated, 5 the word "treasurer" which may be abbreviated, and the 6 word "Iowa". The impression of the seal shall be 7 placed on each motor vehicleregistrationcertificate 8 of title signed by the treasurer. 9 Sec. 5. Section 331.553, Code 1995, is amended by 10 adding the following new subsection: 11 NEW SUBSECTION. 4. Charge five dollars, as an 12 administrative expense, for every rate, charge, 13 rental, or special assessment certified as a lien to 14 the treasurer for collection. This amount shall be 15 added to the amount of the lien, collected at the time 16 of payment from the payor, and credited to the county 17 general fund. 18 Sec. 6. Section 331.554, subsections 1, 3, and 4, 19 Code 1995, are amended to read as follows: 20 1. Upon receipt of a warrant, scrip, or other 21 evidence of the county's indebtedness, the treasurer 22 shall endorse on it the date ofits receipt, from whom23it is received, and the amount which the treasurer24paid on itpayment. 25 3. The treasurer shallkeep a record of all26warrants issued by the auditor and presented for27payment in a warrant bookenter into the county system 28 the warrant number, date paid, and interest paid, if 29 any.The treasurer shall record for each warrantits30number, date, principal, name of the drawee, when31paid, to whom paid, and the amount of interest paid.32 4. The treasurer shall return the paid warrants to 33 the auditor.The treasurer shall compare the warrants34with the warrant book and the word "canceled" shall be35written over the minute of the proper numbers in the36warrant book.The original warrant shall be preserved 37 for at least two years. The treasurer shall make 38 monthly reports to show for each warrant the number, 39 date, drawee's name, when paid, to whom paid, original 40 amount, and interest. 41 Sec. 7. Section 331.554, subsection 2, Code 1995, 42 is amended by striking the subsection. 43 Sec. 8. Section 384.65, subsection 6, Code 1995, 44 is amended to read as follows: 45 6.AnyAfter December 1, if a special assessment 46 is not delinquent, a property owner mayelect topay 47 one-half or all ofanythe next annual installment of 48 principal and interest of a special assessmentin49advance, with the second semiannual payment of50ordinary taxes collected in the year preceding the duePage 3 1date of such installmentprior to the delinquency date 2 of the installment. When the next installment has 3 been paid in full, successive principal installments 4 may be prepaid. The county treasurer shall accept 5such partial paymentthe payments of the special 6 assessment, and shall credit the next annual 7 installment or future installments ofsuchthe special 8 assessment to the extent ofsuchthe payment or 9 payments, and shall remit the payments to the city. 10 If a property owner elects to pay one or more 11 principal installments in advance, the pay schedule 12 shall be advanced by the number of principal 13 installments prepaid. 14 Sec. 9. Section 384.84, subsection 4, Code 1995, 15 is amended to read as follows: 16 4. A lien shall not be imposed pursuant to this 17 section for a delinquent charge of less than five 18 dollars. The governing body of the city utility or 19 enterprise may charge up to five dollars, and the 20 county treasurer may charge up totwofive dollars, as 21 an administrative expense of certifying and filing 22 this lien, which amounts shall be added to the amount 23 of the lien to be collected at the time of payment of 24 the assessment from the payor. Administrative 25 expenses collected by the county treasurer on behalf 26 of the city utility or enterprise shall be paid to the 27 governing body of the city utility or enterprise, and 28 those collected by the county treasurer on behalf of 29 the county shall be credited to the county general 30 fund. The lien has equal precedence with ordinary 31 taxes, may be certified to the county treasurer and 32 collected in the same manner as taxes, and is not 33 divested by a judicial sale. 34 Sec. 10. Section 435.1, subsection 4, unnumbered 35 paragraph 1, Code 1995, is amended by striking the 36 unnumbered paragraph and inserting in lieu thereof the 37 following: 38 "Mobile home park" means a site, lot, field, or 39 tract of land upon which three or more mobile homes, 40 manufactured homes, or modular homes, or a combination 41 of any of these homes are placed on developed spaces 42 and operated as a for-profit enterprise with water, 43 sewer or septic, and electrical services available. 44 Sec. 11. Section 445.1, subsection 6, Code 1995, 45 is amended to read as follows: 46 6. "Taxes" means an annual ad valorem tax, a 47 special assessment, a drainage tax, a rate or charge, 48 and taxes onmobilehomes pursuant to chapter 435 49 which are collectible by the county treasurer. 50 Sec. 12. Section 445.3, Code 1995, is amended by Page 4 1 adding the following new unnumbered paragraph: 2 NEW UNNUMBERED PARAGRAPH. This section is remedial 3 and shall apply to all delinquent taxes included in a 4 tax sale certificate of purchase issued to a county. 5 Upon assignment of a county-held tax sale certificate, 6 this section shall not apply to the assignee. 7 Sec. 13. Section 445.4, Code 1995, is amended by 8 adding the following new unnumbered paragraph: 9 NEW UNNUMBERED PARAGRAPH. This section is remedial 10 and shall apply to all delinquent taxes included in a 11 tax sale certificate of purchase issued to a county. 12 Upon assignment of a county-held tax sale certificate, 13 this section shall not apply to the assignee. 14 Sec. 14. Section 445.16, Code 1995, is amended by 15 adding the following new unnumbered paragraph: 16 NEW UNNUMBERED PARAGRAPH. If the treasurer 17 determines that it is impractical to pursue collection 18 of the total amount due through the tax sale and the 19 personal judgment remedies, the treasurer shall make a 20 written recommendation to the board of supervisors to 21 abate the amount due. The board of supervisors shall 22 abate, by resolution, the amount due and direct the 23 treasurer to strike the amount due from the county 24 system. 25 Sec. 15. Section 445.37, unnumbered paragraph 1, 26 Code 1995, is amended to read as follows: 27 If the semiannual installment of any tax has not 28 been paid before October 1 succeeding the levy, that 29 amount becomes delinquent from October 1 after due 30unless, including those instances when the last day of 31 September is a Saturday or Sundayin which case the32amount of those taxes becomes delinquent from the33following Tuesday. If the second installment is not 34 paid before April 1 succeeding its maturity, it 35 becomes delinquent from April 1 after dueunless, 36 including those instances when the last day of March 37 is a Saturday or Sundayin which case the amount of38that installment becomes delinquent from the following39Tuesday. This paragraphdoes not applyapplies to 40special assessments or rates or chargesall taxes as 41 defined in section 445.1, subsection 6. 42 Sec. 16. Section 446.15, Code 1995, is amended to 43 read as follows: 44 446.15 OFFER FOR SALE. 45 The county treasurer shall,offer for sale, on the 46 day of the saleoffer for sale, each parcel 47 separately,for the total amount due against each 48 parcel advertised for sale. 49 Sec. 17. Section 446.16, Code 1995, is amended to 50 read as follows: Page 5 1 446.16 BID -- PURCHASER. 2 The person who offers to pay the total amount due, 3 which is a lien on any parcel, for the smallest 4 percentage of the parcel is the purchaser, and when 5 the purchaser designates the percentage of any parcel 6 for which the purchaser will pay the total amount due, 7 the percentage thus designated shall give the person 8 an undivided interest upon the issuance of a 9 treasurer's deed, as provided in chapter 448. If two 10 or more persons have placed an equal bid and the bids 11 are the smallest percentage offered, the county 12 treasurer shall use a random selection process to 13 select the bidder to whom a certificate of purchase 14 will be issued. 15 PARAGRAPH DIVIDED. The delinquent tax lien 16 transfers with the tax sale certificate, whether held 17 by the county or purchased by an individual, through 18 assignment or direct purchase at the tax sale. The 19 delinquent tax sale lien expires when the tax sale 20 certificate expires. 21 Sec. 18. Section 446.19, unnumbered paragraph 1, 22 Code 1995, is amended to read as follows: 23 When a parcel is offered at a tax sale under 24 section 446.18, and no bid is received, or if the bid 25 received is less than the total amount due, the county 26 in which the parcel is located, through itsboard of27supervisorscounty treasurer, shall bid for the parcel 28 a sum equal to the total amount due. Money shall not 29 be paid by the county or other tax-levying or tax- 30 certifying body for the purchase, but each of the tax- 31 levying and tax-certifying bodies having any interest 32 in the taxes shall be charged with the total amount 33 due the tax-levying or tax-certifying body as its just 34 share of the purchase price. 35 Sec. 19. Section 446.20, Code 1995, is amended by 36 adding the following new subsection: 37 NEW SUBSECTION. 3. This section is remedial and 38 shall apply to all delinquent taxes included in a tax 39 sale certificate of purchase issued to a county. Upon 40 assignment of a county-held tax sale certificate, this 41 section shall not apply to the assignee. 42 Sec. 20. Section 446.31, unnumbered paragraph 1, 43 Code 1995, is amended to read as follows: 44 The certificate of purchase is assignable by 45 endorsement and entry in the county system in the 46 office of county treasurer of the county from which 47 the certificate was issued, and when the assignment is 48 so entered and the assignment transaction fee paid, it 49 shall vest in the assignee or legal representatives of 50 the assignee all the right and title of the assignor. Page 6 1 The statement in the treasurer's deed of the fact of 2 the assignment is presumptive evidence of that fact. 3 For each assignment transaction, the treasurer shall 4 charge the assignee an assignment transaction fee of 5 ten dollars to be deposited in the county general 6 fund. The assignment transaction fee shall not be 7 added to the amount necessary to redeem. 8 PARAGRAPH DIVIDED. When the county acquires a 9 certificate of purchase, theboard of supervisors10 county may assign the certificate for the total amount 11 due as of the date of assignment or compromise the 12 total amount due and assign the certificate.AAn 13 assignment or a compromise and assignment shall be by 14 written agreement. A copy of the agreement shall be 15 filed with the treasurer. For each assignment 16 transaction, the treasurer shall collect from the 17 assignee an assignment transaction fee of ten dollars 18 to be deposited in the county general fund. The 19 assignment transaction fee shall not be added to the 20 amount necessary to redeem. All money received from 21 the assignment of county-held certificates of purchase 22 shall be apportioned to the tax-levying and certifying 23 bodies in proportion to their interests in the taxes 24 for which the parcel was sold with all interest, fees, 25 and costs deposited in the county general fund. After 26 assignment of a certificate of purchase which is held 27 by the county, section 446.37 applies. In that 28 instance, the three-year requirement shall be 29 calculated from the dateofthe assignment is recorded 30 by the treasurer in the county system. When the 31 assignment is entered and the assignment transaction 32 fee is paid, all of the rights and title of the 33 assignor shall vest in the assignee or the legal 34 representative of the assignee. The statement in the 35 treasurer's deed of the fact of the assignment is 36 presumptive evidence of that fact. 37 Sec. 21. Section 447.9, unnumbered paragraph 2, 38 Code 1995, is amended to read as follows: 39 Service of the notice shallalsobe made by mail on 40 any mortgagee having a lien upon the parcel, a vendor 41 of the parcel under a recorded contract of sale, a 42 lessor who has a recorded lease or memorandum of a 43 recorded lease, and any other person who has an 44 interest of record, at the person's last known 45 address, and on the state of Iowa in case of an old- 46 age assistance lien by service upon the state 47 department of human services. The notice shallalso48 be served on any city where the parcel is situated. 49 Notice shall not be served after the filing of the 50 affidavit required by section 447.12. Only those Page 7 1 persons who are required to besentserved the notice 2 of expiration as provided in this section or who have 3 acquired an interest in or possession of the parcel 4 subsequent to the filing of the notice of expiration 5 of the right of redemption are eligible to redeem a 6 parcel from tax sale. 7 Sec. 22. Section 448.3, Code 1995, is amended to 8 read as follows: 9 448.3 EXECUTION AND EFFECT OF DEED. 10 The deed shall be signed by the county treasurer as 11 such, and acknowledged by the treasurer before some 12 officer authorized to take acknowledgments, and when 13 substantially thus executed and recorded in the proper 14 record in the office of the recorder of the county in 15 which the parcel is situated, shall vest in the 16 purchaser all the right, title, interest, and estate 17 of the former owner in and to the parcel conveyed, 18 subject to all restrictive covenants, resulting from 19 prior conveyances in the chain of title to the former 20 owner, all the right and interest of a holder of a 21 certificate of purchase from a tax sale occurring 22 after the tax sale for which the deed was issued, and 23 all the right, title, interest, and claim of the state 24 and county to the parcel. The issuance of the deed 25 shall operate to cancel all suspended taxes. 26 Sec. 23. Section 448.15, unnumbered paragraph 2, 27 Code 1995, is amended to read as follows: 28 State of Iowa, ) 29 .......... County. ) ss. 30 I, ............., being first duly sworn, on oath 31 depose and say that on ...... (date) the county 32 treasurer issued a tax deed to ...... (grantee) for 33 the following described parcel: ........; that the 34 tax deed was filed for record in the office of the 35 county recorder of ...... county, Iowa, on ...... 36 (date), and appears in the records of the office in 37 ...... county as recorded in Book ... Page ... of the 38 ...... Records; and that ......is now in possession39of the parcel andclaims title to an undivided ...... 40 percent interest in the parcel by virtue of the tax 41 deed, or purported tax title. 42 Sec. 24. Section 468.57, subsection 2, unnumbered 43 paragraph 1, Code 1995, is amended to read as follows: 44 To pay the assessments in not less than ten nor 45 more than twenty equal installments, with the number 46 of payments and interest rate determined by the board, 47 notwithstanding chapter 74A. The first installment of 48 each assessment, or the total amount if less than one 49 hundred dollars, is due and payable on July 1 next 50 succeeding the date of the levy, unless the assessment Page 8 1 is filed with the county treasurer after May 31 in any 2 year. The first installment shall bear interest on 3 the whole unpaid assessment from the date of the levy 4 as set by the board to the first day of December 5 following the due date. The succeeding annual 6 installments, with interest on the whole unpaid 7 amount, to the first day of December following the due 8 date, are respectively due on July 1 annually, and 9 must be paid at the same time and in the same manner 10 as the first semiannual payment of ordinary taxes. 11 All future installments of an assessment may be paid 12 on any date by payment of the then outstanding balance 13 plus interest accrued to the date of payment. Each 14 installment of an assessment with interest on the 15 unpaid balance is delinquent from October 1 after its 16 due date,unlessincluding those instances when the 17 last day of September is a Saturday or Sunday,in18which case the installment becomes delinquent from the19following Tuesday,and bears the same delinquent 20 interest as ordinary taxes. When collected, the 21 interest must be credited to the same drainage fund as 22 the drainage special assessment. 23 Sec. 25. EFFECTIVE DATES. 24 1. This section and sections 17, 18, 20, and 21 of 25 this Act, being deemed of immediate importance, take 26 effect upon enactment. 27 2. The remaining sections of this Act take effect 28 July 1, 1995. 29 Sec. 26. APPLICABILITY DATE. Section 10 of this 30 Act applies to the tax year beginning July 1, 1995, 31 for which taxes are payable during the fiscal year 32 beginning July 1, 1996, and ending June 30, 1997. 33 Sec. 27. POLITICAL SUBDIVISIONS RESPONSIBLE FOR 34 ADDED COSTS. Except as otherwise provided in this 35 Act, the state shall not pay any additional costs 36 incurred by a political subdivision as a result of 37 this Act." Amendment H-3794 was adopted, placing out of order amendment H-3754, filed by Brauns of Muscatine. SENATE FILE 458 SUBSTITUTED FOR HOUSE FILE 479 Vande Hoef of Osceola asked and received unanimous consent to substitute Senate File 458 for House File 479. Senate File 458, a bill for an act relating to the duties of the county treasurer and providing effective and applicability dates, was taken up for consideration. Grundberg of Polk asked and received unanimous consent to withdraw amendment H-3762 filed by her on April 5, 1995. Vande Hoef of Osceola 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. 458) The ayes were, 97: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none: Absent or not voting, 3: Brammer Brauns Running The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 479 WITHDRAWN Vande Hoef of Osceola asked and received unanimous consent to withdraw House File 479 from further consideration by the House. IMMEDIATE MESSAGE siegrist of Siegrist asked and received unanimous consent that Senate File 458 be immediately messaged to the Senate. Brunkhorst of Bremer in the chair at 10:25 a.m. Regular Calendar Senate File 214, a bill for an act to provide greater protection for consumers who purchase or lease motor vehicles and providing effective dates, with report of committee recommending amendment and passage, was taken up for consideration. Welter of Jones offered the following amendment H-3767 filed by the committee on transportation and moved its adoption: H-3767 1 Amend Senate File 214, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 3, line 12, by striking the words "or4 and" and inserting the following: "or". 5 2. Page 4, line 2, by striking the words "center 6 of the right side of the". 7 3. Page 4, line 9, by inserting after the word 8 "type" the following: "and located on the center of 9 the right side of the registration receipt". 10 4. Page 8, line 17, by striking the word and 11 figures "January 1, 1996" and inserting the following: 12 "on the date the state department of transportation 13 prescribes the appropriate forms or January 1, 1996, 14 whichever date is earlier". The committee amendment H-3767 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. 214) The ayes were, 95: Arnold Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Burnett Carroll Cataldo Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Brunkhorst Presiding The nays were, none. Absent or not voting, 5: Baker Brammer Harrison Martin Running The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Speaker Corbett in the chair at 10:35 a.m. Unfinished Business Calendar The House resumed consideration of Senate File 247, a bill for an act relating to plastic garbage can liners with recycled content, previously deferred and placed on the unfinished business calendar. Meyer of Sac 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. 247) The ayes were, 96: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, 1: Schrader Absent or not voting, 3: Brammer Running Veenstra The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 278 WITHDRAWN Greiner of Washington asked and received unanimous consent to withdraw House File 278 from further consideration by the House. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 214 and 247. Regular Calendar Senate File 290, a bill for an act relating to motor vehicle and highway regulation by the state department of transportation concerning retention of records and documents, registration plates and stickers, dissolution decree transfers of motor vehicle titles, junking certificates for abandoned vehicles, flashing blue lights, motorcycle license requirements, leased motor vehicles, proof of financial responsibility, charges for handicapped identification devices, single state registration for motor carriers, commodity base state registration, other technical changes, and providing effective and applicability dates, with report of committee recommending amendment and passage, was taken up for consideration. Welter of Jones offered amendment H-3640 filed by the committee on transportation as follows: H-3640 1 Amend Senate File 290, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by striking lines 1 through 27. 4 2. By striking page 1, line 35 through page 2, 5 line 14. 6 3. Page 3, by inserting after line 34 the 7 following: 8 "Sec. ___. NEW SECTION. 321.20A CERTIFICATE OF 9 TITLE -- COMMERCIAL MOTOR VEHICLES. 10 1. Notwithstanding other provisions of this 11 chapter, the owner of a commercial motor vehicle with 12 a gross vehicle weight rating of twenty-six thousand 13 one pounds or more, subject to the proportional 14 registration provisions of chapter 326, may make 15 application to the department for a certificate of 16 title. The application for certificate of title shall 17 be made within fifteen days of purchase or transfer 18 and accompanied by a ten dollar title fee and 19 appropriate use tax. 20 2. A commercial motor vehicle issued a certificate 21 of title under this section shall not be subject to 22 registration fees until the commercial motor vehicle 23 is driven upon the highways. The registration fee due 24 shall be prorated for the remaining unexpired months 25 of the registration year. Ownership of a commercial 26 motor vehicle issued a certificate of title under this 27 section shall not be transferred until registration 28 fees have been paid to the department. 29 3. The certificate of title provision for 30 commercial motor vehicles with a gross vehicle weight 31 rating of twenty-six thousand one pounds or more shall 32 apply to owners with fleets of more than fifty 33 commercial motor vehicles based in Iowa under the 34 proportional registration provisions of chapter 326. 35 The original certificate of title shall be delivered 36 to the owner if no security interest or encumbrance 37 appear on the certificate, otherwise the certificate 38 of title shall be delivered by the department to the 39 person holding the first security interest or 40 encumbrance as shown on the certificate of title." 41 4. Page 4, by inserting after line 24 the 42 following: 43 "Sec. ___. Section 321.34, subsection 4, Code 44 1995, is amended to read as follows: 45 4. MULTIYEAR PLATES. In lieu of issuing annual 46 registration plates for trailers and semitrailers, the 47 department may issue a multiyear registrationplates48 plate for a three-year period or asix-year period49 permanent registration plate for trailers and 50 semitrailers licensed under chapter 326 upon payment Page 2 1 of the appropriate registration fee. Payment of fees 2 to the department for a permanent registration plate 3 may be made at five-year intervals. Fees from three- 4 year andsix-yearfive-year payments shall not be 5 reduced or prorated." 6 5. By striking page 5, line 34 through page 7, 7 line 3. 8 6. Page 7, by inserting after line 14 the 9 following: 10 "Sec. ___. Section 321.40, Code 1995, is amended 11 by adding the following new unnumbered paragraph: 12 NEW UNNUMBERED PARAGRAPH. The county treasurer may 13 refuse to renew the registration of a motor vehicle of 14 a person when notified that the person has abandoned a 15 motor vehicle and that the proceeds of the sale of the 16 abandoned vehicle were insufficient to pay the costs 17 of disposal. A county treasurer may renew the 18 registration of a motor vehicle when notified by the 19 police authority, in accordance with section 321.89, 20 that all of the expenses related to the abandonment of 21 the motor vehicle have been paid." 22 7. Page 9, by inserting after line 6 the 23 following: 24 "Sec. ___. Section 321.52A, Code 1995, is amended 25 to read as follows: 26 321.52A CERTIFICATE OF TITLE SURCHARGE. 27 In addition to the fee required for the issuance of 28 a certificate of title under section 321.20, 321.20A, 29 321.23, 321.42, 321.46, 321.47, 321.48, 321.50, or 30 321.52, a surcharge of five dollars shall be required. 31 Of each surcharge collected under those sections, the 32 county treasurer shall remit five dollars to the 33 office of treasurer of state for deposit in the 34 general fund of the state." 35 8. Page 10, by inserting after line 16 the 36 following: 37 "Sec. ___. Section 321.89, subsection 4, Code 38 1995, is amended by adding the following new 39 unnumbered paragraph: 40 NEW UNNUMBERED PARAGRAPH. A police authority may 41 notify the county treasurer of the county of residence 42 of the owner or owners of the abandoned vehicle of the 43 amount of the unpaid disposal expenses. Notification 44 shall be made by the end of the month following the 45 month of disposal of the abandoned motor vehicle. All 46 costs incurred by the police authority and costs which 47 are paid from the road use tax fund under this 48 subsection are an obligation of the last registered 49 owner or owners, jointly and severally. The police 50 authority shall immediately notify the county Page 3 1 treasurer if the owner or owners pay the disposal 2 expenses." 3 9. Page 12, by inserting after line 23 the 4 following: 5 "Sec. ___. Section 321.105, unnumbered paragraph 6 4, Code 1995, is amended to read as follows: 7 In addition to the payment of an annual 8 registration fee for each trailer and semitrailer to 9 be issued anIowaannual registration plate, an 10 additional registration fee may be paid for a period 11 of two orfivefour subsequent registration years. 12 Sec. ___. Section 321.122, subsection 2, Code 13 1995, is amended to read as follows: 14 2. a. For semitrailers the annual registration 15 fee is ten dollars which shall not be reduced or 16 prorated under chapter 326.However, if the17registration fee is paid for a six-year period, the18total fee is fifty dollars which shall not be reduced19or prorated under chapter 326.20 b. For trailers and semitrailers licensed under 21 chapter 326, the annual registration fee for the 22 permanent registration plate shall be ten dollars 23 which shall not be reduced or prorated under chapter 24 326. The registration fees for a permanent 25 registration plate may be remitted to the department 26 at five-year intervals." 27 10. Page 13, by striking lines 16 through 29. 28 11. Page 14, by inserting after line 21 the 29 following: 30 "Sec. ___. Section 321.372, subsection 1, 31 unnumbered paragraph 1, Code 1995, is amended to read 32 as follows: 33 The driver of a school bus used to transport 34 children to and from a public or private school shall, 35 when stopping to receive or discharge pupils, turn on 36 flashing warning lamps at a distance of not less than 37 three hundred feet nor more than five hundred feet 38 from the point where the pupils are to be received or 39 discharged from the bus if the speed limit at that 40 point is forty-five miles per hour or greater and 41 shall turn on flashing warning lamps at a distance of 42 not less than one hundred fifty feet from the point 43 where the pupils are to be received or discharged from 44 the bus if the speed limit at that point is less than 45 forty-five miles per hour. At the point of receiving 46 or discharging pupils the driver of the bus shall 47 bring the bus to a stop, turn off the amber flashing 48 warning lamps, turn on the red flashing warning lamps, 49 and extend the stop arm. After receiving or 50 discharging pupils, the bus driver shall turn off all Page 4 1 flashing warning lamps, retract the stop arm and 2 proceed on the route. Except to the extent that 3 reduced visibility is caused by fog, snow or other 4 weather conditions, a school bus shall not stop to 5 receive or discharge pupils unless there is at least 6 three hundred feet of unobstructed vision in each 7 direction. However, the driver of a school bus is not 8 required to use flashing warning lamps and the stop 9 arm when receiving or discharging pupils at a 10 designated loading and unloading zone at a school 11 attendance center or at extracurricular or educational 12 activity locations where students exiting the bus do 13 not have to cross the street or highway." 14 12. Page 16, by inserting after line 10 the fol- 15 lowing: 16 "Sec. ___. Section 321E.11, unnumbered paragraph 17 1, Code 1995, is amended to read as follows: 18 Movements by permit in accordance with this chapter 19 shall be permitted only during the hours from sunrise 20 to sunset unless the issuing authority determines that 21 the movement can be better accomplished at another 22 period of time because of traffic volume conditions or 23 the vehicle subject to the permit has an overall 24 length not to exceed one hundred feet, an overall 25 width not to exceed eleven feet, and an overall height 26 not to exceed fourteen feet, four inches, and the 27 permit requires the vehicle to operate only onthe28 those highways designatedhighway systemby the 29 department. Additional safety lighting and escorts 30 may be required for movement at night." 31 13. Page 20, by striking line 5 and inserting the 32 following: 33 "Sec. ___. Section 321F.7, Code 1995, is". 34 14. Page 20, by striking lines 7 through 15. 35 15. Title page, line 5, by inserting after the 36 word "lights," the following: "flashing warning lamps 37 on a school bus,". 38 16. By renumbering as necessary. Mundie of Webster asked and received unanimous consent to withdraw amendment H-3839, to the committee amendment H-3640, filed by him on April 10, 1995. Welter of Jones offered the following amendment H-3671, to the committee amendment H-3640, filed by him and moved its adoption: H-3671 1 Amend the amendment, H-3640, to Senate File 290, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 2, line 3, by striking the word "may" and 5 inserting the following: "shall, at the option of the 6 registrant,". 7 2. Page 2, line 3, by inserting after the word 8 "intervals" the following: "or on an annual basis". 9 3. Page 3, line 25, by striking the word "may" 10 and inserting the following: "shall, at the option of 11 the registrant,". 12 4. Page 3, line 26, by inserting after the word 13 "intervals" the following: "or on an annual basis". Amendment H-3671 was adopted. Warnstadt of Woodbury offered the following amendment H-3684, to the committee amendment H-3640, filed by him and Welter and moved its adoption: H-3684 1 Amend the amendment, H-3640, to Senate File 290, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 2, by striking lines 8 through 21. 5 2. By striking page 2, line 35 through page 3, 6 line 2. 7 3. By renumbering as necessary. Amendment H-3684 was adopted. On motion by Welter of Jones, the committee amendment H-3640, as amended, was adopted. Harper of Black Hawk offered the following amendment H-3702 filed by her and moved its adoption: H-3702 1 Amend Senate File 290, as amended, passed, and 2 reprinted by the Senate as follows: 3 1. Page 2, by inserting after line 32 the 4 following: 5 "Sec. ___. Section 321.18, subsection 7, Code 6 1995, is amended to read as follows: 7 7. Any school bus in this state used exclusively 8 for the transportation of pupils to and from school or 9 a school function or for the purposes provided in 10 section 285.1, subsection 1, and section 285.10, 11 subsection 9, or used exclusively for the 12 transportation of children enrolled in a federal head 13 start program. Upon application the department shall, 14 without charge, issue a registration certificate and 15 shall also issue registration plates which shall have 16 imprinted thereon the words "Private School Bus" and a 17 distinguishing number assigned to the applicant. Such 18 plates shall be attached to the front and rear of each 19 bus exempt from registration under this subsection." 20 2. By renumbering as necessary. Amendment H-3702 was adopted. Welter of Jones asked and received unanimous consent to withdraw amendment H-3685 filed by Myers of Johnson and him on April 30, 1995. Welter of Jones offered the following amendment H-3760 filed by him and moved its adoption: H-3760 1 Amend Senate File 290, as amended, passed, and re- 2 printed by the Senate, as follows: 3 1. Page 20, by inserting after line 20 the 4 following: 5 "Sec. ___. EFFECTIVE DATE. Sections 7, 16, and 18 6 of this Act take effect on January 1, 1997." 7 2. By renumbering as necessary. Amendment H-3760 was adopted. Welter 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. 290) The ayes were, 96: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were,none: Absent or not voting, 4: Brammer Houser Myers Running The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 290 be immediately messaged to the Senate. Senate File 271, a bill for an act relating to the authorization of a bank office where a state bank may maintain its management and bookkeeping functions, with report of committee recommending passage, was taken up for consideration. Nutt of Woodbury 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. 271) The ayes were, 96: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none: Absent or not voting, 4: Brammer Larson Myers Running The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 271 be immediately messaged to the Senate. Unfinished Business Calendar The House resumed consideration of Senate File 274, a bill for an act relating to the delay of the repeal for the exemption of certain multiple employer welfare arrangements from regulation by the insurance division and providing an effective date, previously deferred and placed on the unfinished business calendar. Churchill of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 274) The ayes were, 96: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Coon Cormack Cornelius Daggett Dinkla Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 4: Brammer Connors Disney Running The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Rants of Woodbury in the chair at 11:25 a.m. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 274 be immediately messaged to the Senate. Appropriations Calendar The House resumed consideration of House File 512, a bill for an act appropriating funds to the department of economic development, the Wallace technology transfer foundation, the public employment relations board, and the department of employment services and providing an immediate effective date, previously deferred and amendment H-3851, found on pages 1406 through 1422 of the House Journal, pending. Fallon of Polk offered the following amendment H-3855, to amendment H-3851, filed by him from the floor and moved its adoption: H-3855 1 Amend the amendment, H-3851, to House File 512 as 2 follows: 3 1. Page 16, line 7, by striking the word 4 "subsection" and inserting the following: 5 "subsections". 6 2. Page 16, by inserting after line 13 the fol- 7 lowing: 8 "NEW SUBSECTION. 5. Assistance shall not be 9 provided to a business which has solicited or 10 advertised for permanent replacement employees during 11 a labor dispute within the last ten years." Roll call was requested by Fallon of Polk and Connors of Polk. Rule 75 was invoked. On the question "Shall amendment H-3855, to amendment H-3851, be adopted?" (H.F. 512) The ayes were, 44: Arnold Baker Bell Bernau Brand Brunkhorst Burnett Cataldo Cohoon Connors Coon Cormack Cornelius Disney Doderer Drees Fallon Grundberg Harper Holveck Jochum Koenigs Kreiman Lamberti Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, B. Nelson, L. O'Brien Ollie Schrader Shoultz Teig Warnstadt Weigel Wise Witt The nays were, 53: Blodgett Boddicker Boggess Bradley Branstad Brauns Carroll Churchill Corbett, Spkr. Daggett Dinkla Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Larson Lord Main Martin Metcalf Meyer Millage Nutt Renken Salton Schulte Siegrist Sukup Thomson Tyrrell Van Maanen Vande Hoef Veenstra Weidman Welter Rants Presiding Absent or not voting, 3: Brammer Running Van Fossen Amendment H-3855 lost. Fallon of Polk asked and received unanimous consent to withdraw amendment H-3857, to amendment H-3851, filed by him from the floor. Koenigs of Mitchell offered amendment H-3856, to amendment H-3851, filed by him from the floor as follows: H-3856 1 Amend the amendment, H-3851, to House File 512 as 2 follows: 3 1. Page 16, by inserting after line 13 the 4 following: 5 "Sec. ___. Section 15E.112, subsection 3, Code 6 1995, is amended to read as follows: 7 3. Payments of interest, recaptures of awards, or 8 repayments of moneys loaned under the value-added 9 agricultural products and processes financial 10 assistance program shall be deposited into the fund. 11Section 8.33 does not apply to any moneys in the fund.12 Unencumbered or unobligated moneys in the fund derived 13 from moneys deposited pursuant to section 423.24, 14which are in excess of three million six hundred fifty15thousand dollars of unencumbered or unobligated moneys16in the fund deposited pursuant to that section,which 17 are remaining on June 30 of each fiscal year, shall be 18 credited on August 31 to the road use tax fund as 19 created in section 312.1." 20 2. By renumbering as necessary. Millage of Scott rose on a point of order that amendment H-3856 was not germane, to amendment H-3851. The Speaker ruled the point well taken and amendment H-3856 not germane, to amendment H-3851. Koenigs of Mitchell moved to suspend the rules to consider amendment H-3856. Roll call was requested by Schrader of Marion and Koenigs of Mitchell. Rule 75 was invoked. On the question "Shall the rules be suspended to consider amendment H-3856?" (H.F. 512) The ayes were, 32: Baker Bell Bernau Brand Burnett Cataldo Cohoon Connors Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Schrader Shoultz Warnstadt Weigel Wise Witt The nays were, 62: Arnold Blodgett Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Rants Presiding Absent or not voting, 6: Boddicker Brammer Doderer Grubbs Mascher Running The motion to suspend the rules lost. Churchill of Polk offered the following amendment H-3862, to amendment H-3851, filed by Churchill, Baker and Brand from the floor and moved its adoption: H-3862 1 Amend the amendment, H-3851, to House File 512, as 2 follows: 3 1. Page 4, line 5, by striking the word "and". 4 2. Page 4, line 6, by inserting after the word 5 "fund" the following: ", and for $50,000 to be 6 allocated competitively to ten to twenty communities 7 for direct purchase of services or goods that meet 8 local development needs or to enhance heritage and 9 tourism efforts from state and private sources". 10 3. Page 9, line 36, by inserting after the word 11 "program," the following: "for transferring up to 12 $30,000 of the funds appropriated in this section to 13 the Iowa quality coalition, on the condition that the 14 coalition first expend all existing moneys, for 15 productivity enhancement projects,". 16 4. Page 15, line 23, by striking the word 17 "division" and inserting the word "department". Amendment H-3862 was adopted.. On motion by Churchill of Polk, amendment H-3851, as amended, was adopted, placing out of order the following amendments: H-3757 filed by Fallon of Polk on April 5, 1995. H-3758 filed by Fallon of Polk on April 5, 1995. H-3737 filed by Baker of Polk, et. al., on April 4, 1995. H-3764 filed by Baker of Polk and Nelson of Marshall on April 5, 1995. H-3738 filed by Baker of Polk, et. al., on April 4, 1995. H-3756 filed by Fallon of Polk on April 5, 1995. H-3795 filed by Fallon of Polk on April 6, 1995. H-3670 filed by Fallon of Polk on March 31, 1995. H-3797 filed by Koenigs of Mitchell on April 6, 1995. Churchill of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 512) The ayes were, 87: Arnold Baker Bell Bernau Boddicker Boggess Bradley Brand Branstad Brauns Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Dinkla Disney Doderer Drake Eddie Ertl Garman Gipp Greiner Grundberg Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt Ollie Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Rants Presiding The nays were, 4: Drees Fallon Kreiman O'Brien Absent or not voting, 9: Blodgett Brammer Brunkhorst Daggett Greig Gries Grubbs Hahn Renken The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 512 be immediately messaged to the Senate. SENATE MESSAGE CONSIDERED Senate File 256, by committee on agriculture, a bill for an act providing for notification of the application of pesticides. Read first time and passed on file. RULE 57 SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent to suspend Rule 57, relating to committee notice and agenda, for a meeting of the committee on judiciary in Room 1, upon recess. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 11, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 41, a bill for an act relating to the establishment of legal settlement for certain blind persons and providing an effective date. Also: That the Senate has on April 11, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 54, a bill for an act relating to the qualifications of an applicant for a license to sell real estate in this state. Also: That the Senate has on April 11, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 161, a bill for an act relating to the fee which may be charged by an Iowa communications network receiving site. Also: that the Senate has on April 11, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 337, a bill for an act to amend the criteria and procedures necessary to establish that a person is seriously mentally impaired for purposes of involuntary hospitalization. Also: That the Senate has on April 11, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 447, a bill for an act relating to certain state purchasing procedures and charges for publications involving the department of general services. Also: That the Senate has on April 11, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 256, a bill for an act providing for notification of the application of pesticides. JOHN F. DWYER, Secretary On motion by Siegrist of Pottawattamie, the House was recessed at 1:05 p.m., until 2:45 p.m. AFTERNOON SESSION The House reconvened at 3:10 p.m., Speaker Corbett in the chair. CONSIDERATION OF BILLS Appropriations Calendar Senate File 462, a bill for an act relating to appropriations for the department of human services and the prevention of disabilities policy council and including other provisions and appropriations involving human services and health care and providing for effective and applicability dates, with report of committee recommending amendment and passage, was taken up for consideration. The House stood at ease at 3:29 p.m., until the fall of the gavel. The House resumed session at 4:45 p.m., Speaker Corbett in the chair. Houser of Pottawattamie offered amendment H-3765 filed by the committee on appropriations as follows: H-3765 1 Amend Senate File 462, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 7, by striking lines 13 through 29 and 4 inserting the following: 5 "10. a. Beginning September 1, 1995, the 6 department may require prior authorization for any 7 brand name prescription drug which has an "A" rated 8 generic bioequivalent as determined by the federal 9 food and drug administration and which is recommended 10 for prior authorization by the drug utilization review 11 commission. The department shall establish an 12 educational program through the drug utilization 13 review commission to review and encourage the use of 14 these "A" rated generic equivalents within the medical 15 assistance program. The department shall adopt 16 administrative rules to implement the prior 17 authorization provisions of this paragraph. Beginning 18 January 1, 1996, prior authorization shall not be 19 required for clozapine. The department shall consider 20 expert medical opinion in revising administrative 21 rules applicable to clozapine. 22 b. The department of human services shall, when it 23 is economically beneficial, implement maximum 24 allowable costs for multiple source drugs in 25 accordance with federal guidelines. 26 c. The department shall require prior 27 authorization for full therapeutic dose levels of 28 histamine H2 receptor antagonists and sucralfate 29 beyond 60 days of therapy. 30 d. The department shall review the feasibility of 31 assuming responsibility for administratively pursuing 32 reimbursement for pharmacy services for which a 33 recipient of medical assistance also has third-party 34 coverage. The department shall submit a report of the 35 department's findings and recommendations to the 36 chairpersons and ranking members of the joint 37 appropriations subcommittee on human services on or 38 before January 15, 1996." 39 2. Page 10, by striking line 12 and inserting the 40 following: 41 " $ 7,740,000" 42 3. Page 11, line 10, by inserting after the 43 figure "12." the following: "The department may adopt 44 emergency rules to implement the provisions of this 45 lettered paragraph." 46 4. Page 12, line 5, by striking the figure 47 "640,270" and inserting the following: "636,641". 48 5. Page 12, line 11, by striking the figure 49 "1,679,769" and inserting the following: "1,676,139". 50 6. Page 16, by striking line 13 and inserting the Page 2 1 following: 2 " $ 13,480,000" 3 7. Page 16, by striking line 18 and inserting the 4 following: 5 " $ 4,980,000" 6 8. Page 16, by striking line 23 and inserting the 7 following: 8 " $ 8,500,000" 9 9. Page 17, by striking line 7 and inserting the 10 following: 11 " $ 83,380,000" 12 10. Page 21, lines 12 and 13, by striking the 13 words "a portion may be used" and inserting the 14 following: "$1,000,000 is allocated". 15 11. Page 21, line 16, by inserting after the word 16 "placement." the following: "On or before January 4, 17 1996, the department shall review the use of the 18 funding allocated in this subsection and project 19 whether an amount of the funding will be unused by the 20 close of the fiscal year. If an amount is projected, 21 the department shall transfer the projected amount to 22 the appropriation in this Act for family support 23 subsidy for use to provide assistance to additional 24 families who would otherwise remain on the waiting 25 list for that program. The department shall work with 26 the Iowa governor's planning council for developmental 27 disabilities, the arc of Iowa, the Iowa respite 28 coalition, and the Iowa family support initiative to 29 review use of the program funded in this section and 30 develop recommendations for consideration in the 1996 31 legislative session. The recommendations shall 32 address how much of the funding should be directed to 33 families trying to keep their children with 34 disabilities in the family home, potential 35 administrative rule revisions to improve the program, 36 and actions for the department to take to inform 37 families about the program." 38 12. Page 23, by striking line 19 and inserting 39 the following: 40 " $ 2,620,000" 41 13. Page 23, line 21, by striking the figure 42 "756,048" and inserting the following: "754,000". 43 14. Page 23, line 31, by striking the figure 44 "300,000" and inserting the following: "298,000". 45 15. Page 24, line 32, by striking the figure 46 "732,789" and inserting the following: "731,014". 47 16. Page 25, line 1, by striking the figure 48 "100,000" and inserting the following: "98,000". 49 17. Page 27, by striking line 30 and inserting 50 the following: Page 3 1 " $ 43,190,000" 2 18. Page 27, by striking line 35 and inserting 3 the following: 4 " $ 14,840,000" 5 19. Page 28, by striking line 3 and inserting the 6 following: 7 " $ 6,000,000" 8 20. Page 28, by striking line 6 and inserting the 9 following: 10 " $ 17,590,000" 11 21. Page 28, by striking line 9 and inserting the 12 following: 13 " $ 4,760,000" 14 22. Page 28, by striking line 29 and inserting 15 the following: 16 " $ 66,260,000" 17 23. Page 28, by striking line 34 and inserting 18 the following: 19 " $ 35,830,000" 20 24. Page 29, by striking line 2 and inserting the 21 following: 22 " $ 30,430,000" 23 25. Page 29, by striking lines 8 through 11. 24 26. Page 30, by striking line 3 and inserting the 25 following: 26 " $ 1,110,000" 27 27. Page 30, by striking line 33 and inserting 28 the following: 29 " $ 5,470,000" 30 28. Page 31, by striking line 8 and inserting the 31 following: 32 " $ 16,230,000" 33 29. Page 31, line 9, by striking the figure 34 "15,888,182" and inserting the following: 35 "15,630,138". 36 30. Page 32, by inserting after line 17 the 37 following: 38 " . Of the funds appropriated in this section, 39 not more than $248,862 shall be provided to those 40 counties having supplemental per diem contracts in 41 effect on June 30, 1995, which were originally 42 initiated under 1993 Iowa Acts, chapter 172, section 43 16, subsection 2. The amount provided to each county 44 shall be equal to the amount the county would be 45 eligible to receive under the supplemental per diem 46 contracts in effect on June 30, 1995, if the contracts 47 were continued in effect for the entire fiscal year 48 beginning July 1, 1995." 49 31. Page 35, by striking lines 1 through 4 and 50 inserting the following: "served under the pilot Page 4 1 project or the waiver." 2 32. Page 35, by striking line 35 and inserting 3 the following: 4 " $ 38,146,205" 5 33. Page 36, by inserting after line 1 the 6 following: 7 "The department may exceed the quantity of full- 8 time equivalent positions authorized in this section 9 by up to 8.5 FTEs as necessary to increase services 10 for the permanent placement of children for whom 11 parental rights have been terminated and who are under 12 the guardianship of the department." 13 34. Page 36, by striking line 33 and inserting 14 the following: 15 " $ 919,000" 16 35. Page 39, by inserting after line 34 the 17 following: 18 "c. The department revises the reimbursement rates 19 due to implementation of a redesigned purchase of 20 services system." 21 36. By striking page 40, line 34 through page 41, 22 line 5 and inserting the following: 23 " . The department shall modify reimbursement 24 provisions applicable to agencies providing services 25 under the department's rehabilitative treatment 26 program for children and their families. The 27 modification shall address the service utilization 28 reimbursement rates under the program to include the 29 time a child is away from the agency for good cause." 30 37. Page 41, by striking lines 8 through 12. Jochum of Dubuque offered the following amendment H-3858, to the committee amendment H-3765, filed by her from the floor and moved its adoption: H-3858 1 Amend the amendment, H-3765, to Senate File 462, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by inserting after line 2 the 5 following: 6 " . Page 1, by inserting after line 34 the 7 following: 8 " . The department shall research the 9 feasibility of establishing a program of developing 10 community-based residential facilities or "second 11 chance homes" for young mothers and children. The 12 research shall consider potential benefits of second 13 chance homes including the potential effects of 14 deterring child abuse by use of the homes. The 15 research is subject to all of the following 16 provisions: 17 a. The department shall consider developing the 18 home in a manner to provide supervision by mature 19 adult couples. The program should coordinate 20 comprehensive services for pregnant or parenting 21 teens, including but not limited to educational 22 services, vocational services, personal and family 23 counseling, parent education classes, and assistance 24 in developing independent living and homemaking 25 skills. 26 b. The department shall consider various options 27 for designing second chance homes so that the homes 28 will not necessarily be government-operated 29 institutions. The options considered shall include 30 operation by churches and community groups with state 31 guidance through administrative rules. If the program 32 is implemented, administrative rules will delineate 33 how the homes will be structured and specify the 34 combination of support, services, and participant 35 obligations to help teenage mothers to become good 36 mothers, finish school, and gain adequate skills to 37 support their children. 38 c. The department shall consider a design which 39 provides incentive grants to communities that pledge 40 private funding and in-kind services equal to at least 41 one-half of the cost of operating a second chance 42 home. In addition, operating expenses could be 43 supported in part by participants' welfare payments, 44 food stamps, housing assistance, and other forms of 45 public assistance for which participants are eligible, 46 as well as a commitment from communities. 47 d. The department shall submit a report to the 48 general assembly on or before January 8, 1996, 49 concerning the research conducted pursuant to this 50 subsection."" Page 2 1 2. By renumbering as necessary. Amendment H-3858 lost. Houser of Pottawattamie offered the following amendment H-3860, to the committee amendment H-3765, filed by him from the floor and moved its adoption: H-3860 1 Amend the amendment, H-3765, to Senate File 462, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 17, by inserting after the word 5 "paragraph." the following: "The department shall not 6 expand the requirement of prior authorization for 7 drugs other than the "A" rated generic bioequivalents 8 authorized under this paragraph, without prior 9 approval of the general assembly for such expansion." 10 2. Page 1, by inserting after line 21 the 11 following: 12 "aa. The department shall amend the contract with 13 the department's fiscal agent regarding prior 14 authorization of prescription drugs to provide for 15 review by the fiscal agent of inquiries for prior 16 authorization during pharmacy business hours, 17 evenings, Saturdays and during pharmacy peak business 18 hours on Sundays, and shall consider providing for 19 review by the fiscal agent of inquiries on a seven- 20 day-per-week, 24-hour-per-day basis. 21 aaa. (1) The department of human services shall 22 conduct a study of the prior authorization program 23 based upon the program data collected during fiscal 24 year 1994-1995, including a review of a sampling of 25 specific drugs for which prior authorization is 26 required. The study shall be completed by October 1, 27 1995, and a report of the findings of the study shall 28 be submitted to the chairpersons and ranking members 29 of the senate and house appropriations committees, to 30 the chairpersons and ranking members of the joint 31 human services appropriations committee, and to the 32 legislative fiscal bureau. The study shall address 33 and include information and recommendations regarding 34 all of the following: 35 (a) A comparison of the costs associated with the 36 prescribing of generic drugs rather than brand name 37 drugs, taking into consideration any rebates or other 38 cost reductions associated with the use of brand name 39 drugs. 40 (b) A review of the time associated with the prior 41 authorization process including telephone 42 communications between providers and the department's 43 prior authorization fiscal agent and with delays for 44 either party. The review shall include an analysis of 45 the average time associated with each inquiry by 46 classification of drug. 47 (c) A review of the number of denials of 48 authorization by classification of drug by the fiscal 49 agent and the rationale for the denials. 50 (d) A review of the actual and projected cost Page 2 1 savings and workability of the prior authorization 2 program. 3 (e) A review of the services provided by the 4 fiscal agent including a comparison of the services of 5 the fiscal agent with private pay insurers in 6 providing a similar service, and an evaluation of the 7 current availability of the fiscal agent and any 8 improvements to the program which might result from 9 increased availability. 10 (f) A review of the volume of inquiries for prior 11 authorization during a weekly period including an 12 analysis of the days and times of peak volume as 13 compared with the availability of the fiscal agent for 14 responding to inquiries. 15 (g) An analysis of the time which elapses between 16 the submission of a bill to the department for 17 reimbursement and actual reimbursement. 18 (2) Following receipt of the report from the 19 department, the legislative fiscal bureau shall review 20 the study. The review shall include all of the 21 following: 22 (a) An evaluation of the cost and savings 23 methodology utilized by the department, including an 24 analysis of whether all governmental costs and savings 25 were included or adequately addressed in the savings 26 methodology used during fiscal year 1994-1995. If the 27 legislative fiscal bureau determines that the cost and 28 savings methodology utilized by the department or the 29 fiscal agent did not include or adequately address all 30 governmental costs, the legislative fiscal bureau 31 shall provide recommendations to the general assembly 32 to improve the cost and savings methodology for future 33 application. 34 (b) An individualized assessment of the prior 35 authorization program based on a random sample of not 36 more than 50 individual prior authorization actions, 37 of which one-half shall be approval actions and one- 38 half shall be denial actions. The random sample shall 39 be provided by the department to the legislative 40 fiscal bureau based upon a random sampling methodology 41 submitted by the legislative fiscal bureau. All data 42 deemed necessary by the legislative fiscal bureau to 43 conduct the assessment shall be provided by the 44 department including but not limited to the date and 45 time of the prior authorization contact between the 46 fiscal agent and the provider; the name, address, and 47 telephone number of the provider; and the 48 classification of the drug for which prior 49 authorization was sought. If the action was an 50 approval action, the department shall provide a Page 3 1 statement of the actual cost associated with the 2 substituted drug and the cost associated with the 3 alternative drug. If the action was a denial action, 4 the department shall provide the rationale for the 5 denial." 6 3. Page 1, by striking lines 26 through 29. 7 4. Page 1, by striking lines 30 through 38 and 8 inserting the following: 9 " . The department shall develop a plan to 10 administratively pursue reimbursement for pharmacy 11 services for which a recipient of medical assistance 12 also has third-party coverage. The department shall 13 develop the plan in cooperation with the insurance 14 division of the department of commerce and with 15 representatives of the Iowa pharmacists association. 16 The department shall submit the plan to the general 17 assembly on or before January 1, 1996, and shall 18 implement the plan on or before May 1, 1996. The 19 department shall also include a preliminary estimate 20 of the costs of administratively pursuing 21 reimbursement for pharmacy services in the budget 22 submitted to the council of human services for fiscal 23 year 1996-1997." 24 5. By relettering as necessary. Amendment H-3860 was adopted. Houser of Pottawattamie offered the following amendment H-3853, to the committee amendment H-3765, filed by him from the floor and moved its adoption: H-3853 1 Amend the amendment, H-3765, to Senate File 462, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by inserting after line 49 the 5 following: 6 " . Page 14, by striking line 1 and inserting 7 the following: 8 " $ 6,390,000"" 9 2. Page 2, by inserting after line 11 the 10 following: 11 " . Page 18, line 1, by striking the word 12 "administrative" and inserting the following: 13 "emergency"." 14 3. Page 3, line 35, by striking the figure 15 "15,630,138" and inserting the following: 16 "15,951,138". 17 4. Page 3, line 41, by striking the figure "1995" 18 and inserting the following: "1994". 19 5. Page 3, line 46, by striking the figure "1995" 20 and inserting the following: "1994". 21 6. Page 4, by striking line 4 and inserting the 22 following: 23 "" $ 38,140,000"" 24 7. Page 4, by inserting after line 30 the 25 following: 26 " . Page 45, by striking lines 17 through 19 27 and inserting the following: "this Act, relating to 28 any prior authorization, and"." Amendment H-3853 was adopted. Millage of Scott offered the following amendment H-3861, to the committee amendment H-3765, filed by him from the floor and moved its adoption: H-3861 1 Amend the amendment, H-3765, to Senate File 462, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 2, by inserting after line 37 the 5 following: 6 " . Page 23, by striking lines 15 and 16 and 7 inserting the following: 8 "For community-based programs directed to child 9 abuse prevention and adolescent pregnancy prevention, 10 including salaries, support"." 11 2. Page 2, by striking lines 47 and 48 and 12 inserting the following: 13 " . By striking page 24, line 35, through page 14 25, line 3, and inserting the following: 15 " . Moneys appropriated in this section which 16 are otherwise unallocated shall be distributed among 17 the allocations specified in this section. The 18 distribution shall be made based upon the specific 19 allocation's proportion of the total amount allocated 20 in this section. Moneys distributed in accordance 21 with this subsection shall be used for the purposes 22 designated in the specific subsection."" 23 3. By renumbering as necessary. Amendment H-3861 was adopted, placing out of order amendment H-3825 filed by Boddicker of Cedar, et. al., on April 10, 1995. Houser of Pottawattamie offered the following amendment H-3876, to the committee amendment H-3765, filed by him from the floor and moved its adoption: H-3876 1 Amend the amendment, H-3765, to Senate File 462, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 3, by inserting after line 35 the 5 following: 6 " . Page 31, by striking lines 11 and 12 and 7 inserting the following: "mental health and 8 developmental disabilities services. The moneys shall 9 be". 10 . Page 31, by striking lines 22 and 23 and 11 inserting the following: "persons with a disability, 12 as defined in section 255C.2. However, no more". 13 . Page 31, by striking line 28 and inserting 14 the following: "services provided to persons with a 15 disability." 16 . Page 32, line 11, by striking the word 17 "MI/MR/DD/BI" and inserting the following: "a 18 disability". 19 . Page 32, by striking line 13 and inserting 20 the following: 21 "b. County expenditure reports for services 22 provided to persons with a disability for the prior"." 23 2. By renumbering as necessary. Amendment H-3876 was adopted. Running of Linn offered the following amendment H-3793, to the committee amendment H-3765, filed by him and moved its adoption: H-3793 1 Amend the amendment, H-3765, to Senate File 462, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 3, by inserting after line 48 the 5 following: 6 " . By striking page 34, line 14, through page 7 35, line 26, and inserting the following: 8 "Sec. 100. PERSONAL ASSISTANCE SERVICES. 9 1. The department of human services, in 10 consultation with the personal assistance and family 11 support services council created in section 225C.48, 12 shall submit a request to the United States department 13 of health and human services to amend the mental 14 retardation and the ill and handicapped home and 15 community-based services waivers to include the 16 provision of consumer-directed attendant care as a 17 fundable service under the medical assistance home and 18 community-based services waiver. If approved, the 19 consumer-directed attendant care services portion of 20 the waiver as provided in 1994 Iowa Acts, chapter 21 1041, section 5, shall be implemented immediately 22 following approval. 23 2. The department of human services, in 24 consultation with the personal assistance and family 25 support services council created in section 225C.48, 26 shall submit a waiver request to the United States 27 department of health and human services for approval 28 of funding of services provided to persons with 29 physical disabilities through the medical assistance 30 home and community-based services waiver, including 31 consumer-directed attendant care services. If 32 approved, the services, as provided in 1994 Iowa Acts, 33 chapter 1041, section 5, shall be implemented 34 immediately following approval. The department shall 35 use existing state funds to draw down federal funds 36 for the consumer-directed attendant services. The 37 department shall not propose or implement the medical 38 assistance home and community-based waiver for 39 services for persons with physical disabilities in a 40 manner which would require county funding to match 41 federal funding. The nonfederal funding match shall 42 be provided only through expenditure of state funds 43 from existing human services programs, including but 44 not limited to the in-home-health-related program and 45 other programs which are funded solely through 46 expenditure of state funds. 47 Sec. 200. PERSONAL ASSISTANCE SERVICES -- 48 APPROPRIATION. There is appropriated from the general 49 fund of the state to the department of human services 50 for the fiscal year beginning July 1, 1995, and ending Page 2 1 June 30, 1996, the following amount, or so much 2 thereof as is necessary, to be used for the purpose 3 designated: 4 For the personal assistance services program 5 created in section 225C.46: 6 $ 2,889,723"" 7 2. Page 4, by inserting after line 30 the 8 following: 9 " . Page 45, line 19, by inserting after the 10 word "retarded," the following: "sections 100 and 200 11 of this Act relating to personal assistance 12 services,"." 13 3. By renumbering as necessary. Amendment H-3793 lost. Vande Hoef of Osceola offered the following amendment H-3840, to the committee amendment H-3765, filed by him and moved its adoption: H-3840 1 Amend the amendment, H-3765, to Senate File 462, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 4, by striking line 30. Amendment H-3840 was adopted. On motion by Houser of Pottawattamie, the committee amendment H-3765, as amended, was adopted. Running of Linn asked and received unanimous consent to defer action on amendment H-3842. Houser of Pottawattamie offered the following amendment H-3803 filed by him and moved its adoption: H-3803 1 Amend Senate File 462, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 8, by inserting after line 21 the 4 following: 5 " . The department of human services shall 6 consult with the department of inspections and 7 appeals, the Iowa state association of counties, and 8 the Iowa association of rehabilitation and residential 9 facilities in adopting administrative rules 10 identifying optimum staffing ratios for intermediate 11 care facilities for the mentally retarded (ICFMR). 12 The administrative rules shall be implemented on or 13 before January 1, 1996." 14 2. By renumbering as necessary. Amendment H-3803 was adopted. Fallon of Polk offered amendment H-3822 filed by him as follows: H-3822 1 Amend Senate File 462, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 8, by inserting after line 21 the 4 following: 5 "Sec. 200. The department of human services shall 6 seek federal approval on or before July 1, 1995, for 7 the implementation of a pilot program to allow medical 8 assistance program reimbursement for payment of 9 services provided by persons who provide a home and 10 services to persons who currently reside in or who 11 would otherwise be placed in nursing homes but for the 12 alternative offered under this subsection. The 13 department, in cooperation with the department of 14 elder affairs, shall develop a program which will 15 result in a cost savings to the state or in cost 16 neutrality, and shall develop parameters for the 17 program which shall include but are not limited to all 18 of the following: 19 a. A maximum income eligibility level which 20 applies to persons providing a home and services and 21 seeking reimbursement through the medical assistance 22 program. 23 b. An evaluative component which enables the 24 department to measure the financial and quality of 25 life aspects of the pilot program in comparison with 26 placement of a person in a nursing home. 27 c. A maximum reimbursement rate of $15,000, 28 annually, for housing and services provided by the 29 home provider under the pilot program. 30 d. Any other criteria necessary to implement the 31 pilot program including but not limited to 32 implementation in a manner which targets current or 33 prospective nursing home residents in both rural and 34 urban areas of the state." 35 2. Page 45, line 17, by inserting after the word 36 "authorization," the following: "section 200 relating 37 to the nursing home waiver pilot program,". 38 3. By renumbering as necessary. Fallon of Polk offered the following amendment H-3871, to amendment H-3822, filed by him from the floor and moved its adoption: H-3871 1 Amend the amendment, H-3822, to Senate File 462, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 6, by striking the word "July" 5 and inserting the following: "August". 6 2. Page 1, by striking lines 10 through 12 and 7 inserting the following: "services to a total of 8 seventy-five persons who currently reside in nursing 9 homes. The". 10 3. Page 1, line 19, by inserting after the word 11 "level" the following: ", established by the 12 department,". 13 4. Page 1, line 32 and 33, by striking the words 14 "or prospective". Amendment H-3871 was adopted. On motion by Fallon of Polk, amendment H-3822, as amended, was adopted. Running of Linn offered the following amendment H-3823 filed by him and moved its adoption: H-3823 1 Amend Senate File 462 as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 8, by inserting after line 21 the 4 following: 5 " . Medical assistance funding shall not be 6 provided to a nursing facility licensed pursuant to 7 chapter 135C, if the nursing facility segregates 8 residents within the facility based upon source of 9 payment of the resident's cost of care." 10 2. By renumbering as necessary. Roll call was requested by Schrader of Marion and Blodgett of Cerro Gordo. On the question "Shall amendment H-3823 be adopted?" (S.F. 462) The ayes were, 32: Baker Bell Bernau Brand Burnett Cataldo Cohoon Connors Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May Mertz Moreland Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Weigel Wise Witt The nays were, 65: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Cormack Cornelius Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Mundie Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 3: Brammer McCoy Warnstadt Amendment H-3823 lost. Heaton of Henry in the chair at 5:23 p.m. Running of Linn asked and received unanimous consent to withdraw amendment H-3830 filed by him on April 10, 1995. Brand of Benton offered the following amendment H-3845 filed by him and moved its adoption: H-3845 1 Amend Senate File 462, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 8, by inserting after line 21 the 4 following: 5 "15. Notwithstanding the limitations of section 6 249A.3, subsection 4, discretionary medical assistance 7 shall be provided to individuals who are receiving 8 care in a nursing home who meet all eligibility 9 requirements for federal supplemental security income 10 except that their income exceeds the allowable maximum 11 but is insufficient to meet the full cost of their 12 care in the nursing home on the basis of standards 13 established by the department." 14 2. By renumbering as necessary. Amendment H-3845 lost. Murphy of Dubuque offered the following amendment H-3841 filed by him and moved its adoption: H-3841 1 Amend Senate File 462 as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 9, line 2, by inserting after the word 4 "plan." the following: "The department shall submit a 5 report on a quarterly basis to the general assembly 6 during the months in which the general assembly is in 7 session and to the fiscal committee of the legislative 8 council during the months in which the general 9 assembly is not in session, describing the progress 10 and activities of the prepaid mental health services 11 plan." Amendment H-3841 was adopted. Brand of Benton offered the following amendment H-3844 filed by him and moved its adoption: H-3844 1 Amend Senate File 462 as amended, passed, and 2 reprinted by the Senate as follows; 3 1. Page 12, line 31, by striking the figure 4 "11,935,189" and inserting the following: 5 "12,277,189". 6 2. Page 13, by inserting after line 27 the 7 following: 8 " . Of the funds appropriated in this section, 9 $342,000 shall be used for increasing postsecondary 10 education services for family investment agreement 11 participants." 12 3. Page 36, line 10, by striking the figure 13 "10,907,951" and inserting the following: 14 "10,565,951". 15 4. Page 36, by inserting after line 14 the 16 following: 17 "The amount of the appropriation in this section 18 has been established so as to require the department 19 to reduce its projected expenditures for personal 20 services by 1 percent and for office supplies by 5 21 percent, resulting in an estimated reduction of 22 $342,000." Roll call was requested by Brand of Benton and Schrader of Marion. On the question "Shall amendment H-3844 be adopted?" (S.F. 462) The ayes were, 35: Baker Bell Bernau Brand Burnett Cataldo Cohoon Connors Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, B. Nelson, L. O'Brien Ollie Running Schrader Shoultz Weigel Wise Witt The nays were, 63: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Heaton, Presiding Absent or not voting, 2: Brammer Warnstadt Amendment H-3844 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Warnstadt of Woodbury on request of Schrader of Marion. Brand of Benton offered the following amendment H-3846 filed by him and moved its adoption: H-3846 1 Amend Senate File 462, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 20, line 4, by striking the words and 4 figure "limited to $872,500" and inserting the 5 following: "20 percent of the total cost of the 6 establishment, improvements, operation, and 7 maintenance of the homes". A non-record roll call was requested. The ayes were 34, nays 55. Amendment H-3846 lost. Mundie of Webster offered the following amendment H-3847 filed by him and moved its adoption: H-3847 1 Amend Senate File 462, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 23, by inserting after line 9 the 4 following: 5 " . The department, in cooperation with 6 interested social service providers, shall study the 7 feasibility of expanding existing confidentiality 8 provisions to allow social service providers to form 9 local teams to discuss provision of the most 10 appropriate services in individual cases." 11 2. By renumbering as necessary. Amendment H-3847 was adopted. Murphy of Dubuque offered amendment H-3850 filed by him, and requested division as follows: H-3850 1 Amend Senate File 462, as amended, passed, and 2 reprinted by the Senate, as follows: H-3850A 3 1. Page 23, by inserting after line 9 the 4 following: 5 "100. Notwithstanding section 234.39, if a child 6 was removed from the child's home and placed in foster 7 care during the fiscal year beginning July 1, 1994, 8 based upon an allegation of child abuse that was 9 subsequently determined to be unfounded, a support 10 obligation shall not be established for the child's 11 parent or guardian for the cost of the foster care." H-3850B 12 2. Page 45, line 17, by inserting after the word 13 "authorization," the following: "section 10, 14 subsection 100, relating to support obligations for 15 certain foster care placements,". 16 3. By renumbering as necessary. On motion by Murphy of Dubuque, amendment H-3850A was adopted. Murphy of Dubuque asked and received unanimous consent to withdraw amendment H-3850B, filed by him on April 10, 1995. Jochum of Dubuque offered the following amendment H-3831 filed by her and moved its adoption: H-3831 1 Amend Senate File 462, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 41, by inserting after line 12 the 4 following: 5 "Sec. ___. STANDARDS FOR CASELOADS AND 6 REIMBURSEMENT. 7 1. The department of human services shall develop 8 a plan for meeting national standards on caseloads for 9 the department's social workers. 10 2. The department shall also develop a plan for 11 improving the adequacy of reimbursement for family 12 foster care. The foster care reimbursement rate 13 improvement provisions shall provide for basing the 14 reimbursement rates on at least 75 percent of the 15 United States department of agriculture estimate of 16 the costs to raise a child in the calendar year 17 immediately preceding the fiscal year. In addition 18 the family foster care provisions of the plan shall 19 address additional reimbursement for respite care, 20 including in-home respite care, and adequate 21 allowances for clothing and school expenses. The 22 clothing allowance upon a child's initial placement 23 shall be at least $250 and at least $50 per month for 24 the remainder of the placement. School expenses shall 25 be reimbursed for elementary and developmental 26 preschool children at not more than $50 per semester 27 and for grades seven through twelve at not more than 28 $100 per semester. Driver's education expenses shall 29 be reimbursed in full. 30 3. The department shall submit the planning 31 provisions required by this section to the members of 32 the joint appropriations subcommittee on human 33 services of the senate and house of representatives on 34 or before January 8, 1996." 35 2. By renumbering as necessary. Amendment H-3831 was adopted. Running of Linn offered the following amendment H-3848 filed by him and moved its adoption: H-3848 1 Amend Senate File 462, as amended, passed, and re- 2 printed by the Senate, as follows: 3 1. Page 44, by inserting after line 35 the 4 following: 5 "Sec. ___. Section 249A.3, subsection 9, Code 6 1995, is amended to read as follows: 7 9. Beginning October 1,19901995, in determining 8 the eligibility of an institutionalized individual for 9 assistance under this chapter, the department shall 10 establish a minimum community spouse resource 11 allowance amountof twenty-four thousand dollarswhich 12 is the maximum amount allowed to be retained for the 13 benefit of the institutionalized individual's 14 community spouse in accordance with the federal Social 15 Security Act, section 1924(f) as codified in 42 U.S.C. 16 </g> 1396r-5(f)." 17 2. By renumbering as necessary. Roll call was requested by Schrader of Marion and Cataldo of Polk. On the question "Shall amendment H-3848 be adopted?" (S.F. 462) The ayes were, 34: Baker Bell Bernau Brand Burnett Cataldo Cohoon Connors Drees Fallon Hanson Harper Holveck Jochum Koenigs Kreiman Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Weigel Wise Witt The nays were, 63: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Harrison Houser Hurley Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Heaton, Presiding Absent or not voting, 3: Brammer Doderer Warnstadt Amendment H-3848 lost. Murphy of Dubuque offered the following amendment H-3842, previously deferred, filed by him and moved its adoption: H-3842 1 Amend Senate File 462, as amended, passed, and re- 2 printed by the Senate, as follows: 3 1. Page 7, line 12, by inserting after the figure 4 "1995." the following: "The department of human 5 services shall submit a report on a quarterly basis to 6 the general assembly during the months in which the 7 general assembly is in session and to the fiscal 8 committee of the legislative council during the months 9 in which the general assembly is not in session, 10 describing the progress and activities of the 11 integrated substance abuse managed care program." Amendment H-3842 was adopted. MOTIONS TO RECONSIDER PREVAIL Siegrist of Pottawattamie called up for immediate consideration the motion to reconsider the committee amendment H-3765 to Senate File 462, filed by him from the floor, and moved to reconsider the vote by which the committee amendment H-3765 was adopted by the House on April 11, 1995. The motion prevailed and the House reconsidered the committee amendment H-3765, found on pages 1455 through 1457 of the House Journal. Siegrist of Pottawattamie called up for immediate consideration the motion to reconsider amendment H-3858, to the committee amendment H-3765, to Senate File 462, filed by him from the floor, and moved to reconsider the vote by which amendment H-3858, to the committee amendment H-3765, was adopted by the House. The motion prevailed and the House reconsidered amendment H-3858, to the committee amendment H-3765, found on pages 1459 through 1460 of the House Journal. On motion by Jochum of Dubuque amendment H-3858, to the committee amendment H-3765, was adopted. On motion by Houser of Pottawattamie, the committee amendment H-3765, as amended, was adopted. RULES SUSPENDED Jochum of Dubuque asked and received unanimous consent to suspend the rules for the immediate consideration of amendment H-3852. Jochum of Dubuque offered the following amendment H-3852 filed by her from the floor and moved its adoption: H-3852 1 Amend Senate File 462, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 23, by inserting after line 9 the 4 following: 5 " . The department shall continue to make 6 adoption presubsidy and adoption subsidy payments to 7 adoptive parents at the beginning of the month for the 8 current month." 9 2. By renumbering as necessary. Amendment H-3852 was adopted. Houser of Pottawattamie moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 462) The ayes were, 82: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kremer Lamberti Larson Lord Main Martin Mascher May Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Weigel Welter Witt Mr. Speaker Corbett The nays were, 16: Baker Bell Bernau Brand Cohoon Connors Drees Grubbs Kreiman Larkin McCoy Mertz Metcalf Schrader Shoultz Wise Absent or not voting, 2: Brammer Warnstadt The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 462 be immediately messaged to the Senate. SPONSOR ADDED (Amendment H-3809 to Senate File 266) Mertz of Kossuth requested to be added as a sponsor of amendment H-3809 to Senate File 266. EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on the afternoon of April 11, 1995. Had I been present, I would have voted "aye" on House File 512. BLODGETT of Cerro Gordo I was necessarily absent from the House chamber on Tuesday, April 11, 1995. Had I been present, I would have voted "aye" on House File 512. DAGGETT of Union I was necessarily absent from the House chamber on April 10, 1995. Had I been present, I would have voted "aye" on Senate Files 93, 94, 117, 118, 157, 178, 207, 278, 280, 352 and 440. ERTL of Dubuque I was necessarily absent from the House chamber on April 11, 1995. Had I been present, I would have voted "aye" on House File 512. RENKEN of Grundy BILLS SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on April 11, 1995, he approved and transmitted to the Secretary of State the following bills: House File 154, an act relating to the exemption of certain dentists and dental hygienists from state licensing requirements. House File 515, an act relating to the relationship between a licensed real estate salesperson or broker and the parties to a transaction and providing an effective date. PRESENTATION OF VISITORS Halvorson of Clayton presented to the House the following former members of the House: Bill Harbor, representing Mills County; Bill Royer, representing Page County; and Bill Scherle, representing Fremont County. The Speaker announced that the following visitors were present in the House chamber: Thirteen third, forth, and fifth grade students from Prairie City Elementary, Prairie City, accompanied by Mary Elrod, Sid Graham, and Nancy Isgrig. By Bell of Jasper. Forty-five fifth grade students from Mt. Ayr Elementary, Mt. Ayr, accompanied by Cindy Stevens. By Daggett of Union. Fourteen high school students from West High School, Iowa City, accompanied by Gary Neuzil. By Myers, Doderer and Mascher of Johnson. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT House Study Bill 326.1 Judiciary: Hurley, Chair; Kreiman and Schulte. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 328 Ways and Means Relating to regulation of food establishments and providing for fees and penalties. H.S.B. 329 Ways and Means Relating to the gross premiums tax on insurance contracts of fraternal beneficiary associations. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendation has been received and is on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON AGRICULTURE Senate File 402, a bill for an act relating to brands registered by the department of agriculture and land stewardship and providing for penalties. Fiscal Note is not required. Recommended Do Pass April 5, 1995. COMMITTEE ON JUDICIARY Committee Bill (Formerly House Study Bill 326.1), to legalize the proceedings taken by the board of supervisors and county auditor of Mahaska county regarding the levy of a local option sales tax to finance the construction and maintenance of a county jail and providing an effective date. Fiscal Note is not required. Recommended Do Pass April 11, 1995. RESOLUTION FILED SCR 26, by committee on state government, a concurrent resolution urging the Congress of the United States to allow retired members of the United States Armed Forces who have a service-connected disability to concurrently receive retired pay and disability compensation. Laid over under Rule 25. AMENDMENTS FILED H-3854 H.F. 553 Weigel of Chickasaw H-3863 H.F. 41 Senate amendment H-3864 H.F. 545 Rants of Woodbury H-3865 H.F. 553 Weigel of Chickasaw H-3866 S.F. 266 Nelson of Pottawatamie Myers of Johnson Gries of Crawford Cohoon of Des Moines H-3867 S.F. 466 Wise of Lee Larkin of Lee H-3868 S.F. 459 Millage of Scott H-3869 S.F. 459 Bell of Jasper H-3870 S.F. 433 Fallon of Polk H-3872 S.F. 459 Murphy of Dubuque Bell of Jasper H-3873 H.F. 552 Halvorson of Clayton H-3874 H.F. 553 Koenigs of Mitchell H-3875 S.F. 459 Garman of Story H-3877 S.F. 315 Harper of Black Hawk H-3878 S.F. 459 Harper of Black Hawk H-3879 H.F. 553 Murphy of Dubuque H-3880 S.F. 266 Mascher of Johnson H-3881 S.F. 266 Brand of Benton Shoultz of Black Hawk Running of Linn May of Worth Harper of Black Hawk Bell of Jasper Mascher of Johnson Ollie of Clinton Weigel of Chickasaw Larkin of Lee Nelson of Pottawattamie Cohoon of Des Moines Drees of Carroll H-3882 H.F. 553 Murphy of Dubuque H-3883 H.F. 553 Witt of Black Hawk H-3884 H.F. 553 Mascher of Johnson H-3885 H.F. 553 Murphy of Dubuque H-3886 H.F. 553 Murphy of Dubuque H-3887 H.F. 553 Burnett of Story McCoy of Polk Witt of Black Hawk Murphy of Dubuque Mascher of Johnson O'Brien of Boone Mundie of Webster Drees of Carroll Nelson of Pottawattamie Weigel of Chickasaw Doderer of Johnson Jochum of Dubuque Myers of Johnson Kreiman of Davis Koenigs of Mitchell May of Worth Larkin of Lee Running of Linn Shoultz of Black Hawk Mertz of Kossuth Connors of Polk Ollie of Clinton Fallon of Polk Harper of Black Hawk Moreland of Wapello Cohoon of Des Moines Brand of Benton Schrader of Marion Bell of Jasper Cataldo of Polk Baker of Polk Holveck of Polk Bernau of Story H-3888 S.F. 459 Kreiman of Davis Fallon of Polk H-3889 S.F. 459 Millage of Scott H-3890 H.F. 553 Mertz of Kossuth H-3891 S.F. 60 Metcalf of Polk H-3892 S.F. 266 Witt of Black Hawk Mascher of Johnson Myers of Johnson Burnett of Story Shoultz of Black Hawk Harper of Black Hawk Bernau of Story Doderer of Johnson H-3893 S.F. 256 Weigel of Chickasaw H-3894 S.F. 256 Weigel of Chickasaw H-3895 S.F. 256 Weigel of Chickasaw H-3896 H.F. 553 Hahn of Muscatine On motion by Siegrist of Pottawattamie, the House adjourned at 6:52 p.m. until 8:45 a.m., Wednesday, April 12, 1995.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 1)
© 1995 Cornell College and League of Women Voters of Iowa
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