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Eighty-sixth Calendar Day - Fifty-seventh Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, April 2, 1996
The House met pursuant to adjournment, Speaker Corbett in the
chair.
Prayer was offered by Sister Mary Louise Sczienski, Principal of
St. Patrick School, Cedar Falls.
The Journal of Monday, April 1, 1996 was approved.
PETITION FILED
The following petition was received and placed on file:
By Weidman of Cass from one hundred sixty-five constituents
opposing legislation which would restrict Iowa utilities from
offering non-utility service.
INTRODUCTION OF BILL
House File 2492, by Halvorson, a bill for an act relating to
the state individual income tax by imposing a single rate of tax
and providing an effective and applicability date provision.
Read first time and referred to committee on ways and means.
SENATE MESSAGE CONSIDERED
Senate File 2422, by committee on judiciary, a bill for an
act removing the requirement that a corporation which has
adopted a corporate seal affix the seal to all documents
affecting real estate executed by the corporation.
Read first time and passed on file.
CONSIDERATION OF BILLS
Unfinished Business Calendar
The House resumed consideration of House File 2352, a bill for
an act relating to programs available to persons with
disabilities which are administered by the department of human
services, with report of committee recommending passage,
previously deferred and placed on the unfinished business
calendar.
SENATE FILE 2307 SUBSTITUTED FOR HOUSE FILE 2352
Witt of Black Hawk asked and received unanimous consent to
substitute Senate File 2307 for House File 2352.
Senate File 2307, a bill for an act relating to programs
available to persons with disabilities which are administered by
the department of human services, was taken up for consideration.
Witt 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. 2307)
The ayes were, 97:
Arnold Baker Bell Bernau Blodgett
Boddicker Boggess Bradley Brand
Branstad Brauns Brunkhorst Burnett
Cataldo Churchill Cohoon Connors
Coon Cormack Daggett
Dinkla Disney Doderer Drake Drees
Eddie Ertl Fallon Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson
Hammitt Barry 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
Osterhaus Rants Renken
Salton Schrader Schulte Shoultz
Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen Van Maanen
Veenstra Warnstadt Weidman Weigel
Welter Wise Witt Mr. Speaker
Corbett
The nays were, none.
Absent or not voting, 3:
Brammer Carroll Vande Hoef
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 2352 WITHDRAWN
Gipp of Winneshiek asked and received unanimous consent to
withdraw House File 2352 from further consideration by the House.
Senate File 2410, a bill for an act relating to juvenile justice
chapter provisions involving medically relevant tests for the
presence of illegal drugs in a child or parent, parent
visitations with a child who has been removed from the child's
home, voiding related administrative rules, and providing an
effective date, with report of committee recommending passage,
was taken up for consideration.
Salton of Palo Alto offered amendment H-5526 filed by the
committee on human resources as follows:
H-5526
1 Amend Senate File 2410, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking page 1, line 35, through page 2,
4 line 17.
5 2. By renumbering as necessary.
Salton of Palo Alto offered the following amendment H-5745, to
the committee amendment H-5526 filed by Salton, et. al., and
moved its adoption:
H-5745
1 Amend the amendment, H-5526, to Senate File 2410,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 3 and 4 and
5 inserting the following:
6 " . Page 2, by striking lines 14 through 17 and
7 inserting the following: "receipt of such a report.
8 A positive test result obtained prior to the birth of
9 a child shall not be used for the criminal prosecution
10 of a parent for acts and omissions resulting in
11 intrauterine exposure of the child to an illegal
12 drug."
13 . Page 3, line 18, by inserting after the word
14 "to" the following: "the legislative council and
15 to"."
Amendment H-5745 was adopted.
On motion by Salton of Palo Alto, the committee amendment
H-5526, as amended, was adopted.
Salton of Palo Alto 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. 2410)
The ayes were, 99:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill
Cohoon Connors Coon Cormack
Daggett Dinkla Disney Doderer
Drake Drees Eddie Ertl
Fallon Garman Gipp Greig
Greiner Gries Grubbs Grundberg
Hahn Halvorson Hammitt Barry 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 Osterhaus
Rants Renken Salton Schrader
Schulte Shoultz Siegrist Sukup Taylor
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, 1:
Brammer
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
SENATE AMENDMENT CONSIDERED
Gipp of Winneshiek called up for consideration House File 2433,
a bill for an act relating to the management of waste tires by
providing for the establishment of a waste tire management fund,
allocation of moneys to facilitate elimination of waste tires
and the establishment of future markets for waste tires,
providing for the redirection of the existing fee on
certificates of title of motor vehicles, and providing a repeal,
amended by the Senate amendment H-5735 as follows:
H-5735
1 Amend House File 2433, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 2, by inserting after line 4 the
4 following:
5 "Sec. ___. Section 455D.11, subsection 1,
6 paragraph f, Code 1995, is amended to read as follows:
7 f. (1) "Waste tire" means a tire that is no
8 longer suitable for its originally intended purpose
9 due to wear, damage, or defect.
10 (2) "Waste tire" does not include a nonpneumatic
11 tire.
12 (3) For the purposes of this section and sections
13 455D.11A and 455D.11B, a nonpneumatic tire and a
14 processed tire are not solid waste as defined in
15 section 455B.301.
16 Sec. ___. Section 455D.11, Code 1995, is amended
17 by adding the following new subsection:
18 NEW SUBSECTION. 8. The department shall adopt
19 rules relating to the storage and disposal of
20 nonpneumatic tires and processed tires."
21 2. Page 3, line 31, by striking the word and
22 figures "July 1, 2000" and inserting the following:
23 "June 30, 2001".
24 3. Page 7, by inserting after line 12 the
25 following:
26 "Sec. ___. RULES. The department shall adopt
27 rules to allow beneficial uses of whole or processed
28 waste tires in consultation with a committee
29 consisting of a member of the Iowa society of solid
30 waste operators, a member from a major farm
31 organization, a member from the Iowa state association
32 of counties, a member from the consulting engineers
33 council, and two members who are actively engaged in
34 tire processing. The rules shall include, but need
35 not be limited to, the appropriate beneficial uses of
36 whole or processed waste tires for the construction of
37 erosion control structures, French drains, drainage
38 structures, leachate recovery systems, septic system
39 drainage fields, road bases, culverts, field
40 crossings, or intakes, or agricultural or construction
41 uses, including, but not limited to, weight or tie
42 downs, fences, or waterways, or other uses where the
43 intended purpose is to produce a beneficial product or
44 an end use. The committee shall review and consider
45 available scientific engineering research on methods
46 of beneficially using whole or processed waste tires.
47 This section is repealed effective June 30, 1998.
48 Sec. ___. SEVERABILITY. If any provision of this
49 Act or any application of this Act to any person or
50 circumstances is held invalid, such invalidity shall
Page 2
1 not affect other provisions or applications of this
2 Act which can be given effect without the invalid
3 provision or application, and to this end the
4 provisions of this Act are severable."
5 4. By renumbering, relettering, or redesignating
6 and correcting internal references as necessary.
Gipp of Winneshiek offered the following amendment H-5783, to
the Senate amendment H-5735, filed by him and moved its adoption:
H-5783
1 Amend the Senate amendment, H-5735, to House File
2 2433, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by striking lines 5 through 15.
Amendment H-5783 was adopted.
On motion by Gipp of Winneshiek, the House concurred in the
Senate amendment H-5735, as amended.
Gipp of Winneshiek 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. 2433)
The ayes were, 98:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill Cohoon
Connors Coon Cormack
Daggett Dinkla Disney Doderer
Drake Drees Eddie Ertl
Fallon Garman Gipp Greig
Greiner Gries Grubbs Grundberg
Hahn Halvorson Hammitt Barry Hanson
Harper Harrison Heaton Holveck
Houser 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 Osterhaus Rants
Renken Salton Schrader Schulte
Shoultz Siegrist Sukup Taylor
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 Hurley
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House File 2433; Senate Files 2307 and 2410.
SENATE AMENDMENT CONSIDERED
Houser of Pottawattamie called up for consideration House File
2324, a bill for an act relating to state employee disclosures
of information and making penalties applicable and providing an
effective date, amended by the Senate, and moved that the House
concur in the following Senate amendment H-5645:
H-5645
1 Amend House File 2324, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, line 28, by inserting after the word
4 "executive" the following: "or legislative".
5 2. Page 2, by inserting after line 28 the
6 following:
7 "Sec. ___. Section 70A.28, subsection 7, Code
8 1995, is amended to read as follows:
9 7. The director of the department of personnel or,
10 for employees of the general assembly or of the state
11 board of regents, the legislative council or the state
12 board of regents, respectively, shall provide
13 procedures for notifying new state employees of the
14 provisions of this section and shall periodically
15 conduct promotional campaigns to provide similar
16 information to all state employees. The information
17 shall include the toll-free telephone number of the
18 citizens' aide.
19 Sec. ___. Section 70A.28, Code 1995, is amended by
20 adding the following new subsection:
21 NEW SUBSECTION. 8. For purposes of this section,
22 "state employee" and "employee" includes, but is not
23 limited to, persons employed by the general assembly
24 and persons employed by the state board of regents."
25 3. By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-5645.
Houser of Pottawattamie moved that the bill, as amended by the
Senate and concurred in by the House, be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2324)
The ayes were, 97:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill
Cohoon Connors Coon Cormack
Daggett Dinkla Disney Doderer
Drake Drees Eddie Ertl
Fallon Garman Gipp Greig
Greiner Gries Grubbs Grundberg
Hahn Halvorson Hammitt Barry Hanson
Harper 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 Osterhaus Rants
Renken Salton Schrader Schulte
Shoultz Siegrist Sukup Taylor
Teig Thomson Tyrrell Van Maanen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Witt
Mr. Speaker
Corbett
The nays were, none.
Absent or not voting, 3:
Brammer Harrison Van Fossen
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Appropriations Calendar
House File 2444, a bill for an act relating to energy
conservation including making appropriations of petroleum
overcharge funds, was taken up for consideration.
Sukup of Franklin offered the following amendment H-5239 filed
by Sukup, et. al., and moved its adoption:
H-5239
1 Amend House File 2444 as follows:
2 1. Page 1, line 12, by inserting after the word
3 "users," the following: "and may include the low-
4 income home energy assistance program,".
Amendment H-5239 was adopted.
Brand of Benton offered the following amendment H-5219 filed by
him and moved its adoption:
H-5219
1 Amend House File 2444 as follows:
2 1. Page 1, line 20, by striking the figure
3 "700,000" and inserting the following: "850,000".
4 2. Page 1, line 29, by striking the figure
5 "300,000" and inserting the following: "150,000".
Amendment H-5219 lost.
Sukup of Franklin 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. 2444)
The ayes were, 99:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill
Cohoon Connors Coon Cormack
Daggett Dinkla Disney Doderer
Drake Drees Eddie Ertl
Fallon Garman Gipp Greig
Greiner Gries Grubbs Grundberg
Hahn Halvorson Hammitt Barry 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 Osterhaus Rants
Renken Salton Schrader
Schulte Shoultz Siegrist Sukup
Taylor 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, 1:
Brammer
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 2387, a bill for
an act relating to the department of general services, by
providing for the sale or disposal of unwanted state personal
property and by establishing a monument maintenance account,
previously deferred and placed on the unfinished business
calendar.
Disney 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. 2387)
The ayes were, 98:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Cohoon
Connors Coon Cormack Daggett
Dinkla Disney Doderer Drake
Drees Eddie Ertl Fallon
Garman Gipp Greig Greiner
Gries Grubbs Grundberg Hahn
Halvorson Hammitt Barry 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 Osterhaus Rants
Renken Salton Schrader Schulte
Shoultz Siegrist Sukup Taylor
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 Churchill
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 2186, a bill for
an act relating to transportation-related sanctions by
increasing penalties for certain offenses, providing for the
issuance of temporary restricted licenses for certain offenses,
providing scheduled fines for various violations, prohibiting
certain activities of motor vehicle dealers, and allowing the
issuance of a uniform citation and complaint to a corporation
for certain violations, previously deferred and placed on the
unfinished business calendar.
Welter of Jones offered amendment H-5480 filed by the committee
on transportation as follows:
H-5480
1 Amend Senate File 2186, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking page 4, line 26, through page 5,
4 line 4.
5 2. By striking page 7, line 1, through page 8,
6 line 5.
7 3. Page 13, by striking lines 28 through 34.
8 4. Title page, by striking lines 5 through 7 and
9 inserting the following: "activities of motor vehicle
10 dealers."
11 5. By renumbering as necessary.
Harper of Black Hawk offered the following amendment H-5674, to
the committee amendment H-5480, filed by her, and moved its
adoption:
H-5674
1 Amend the amendment, H-5480, to Senate File 2186,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 3 and 4.
5 2. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 13, nays 44.
Amendment H-5674 lost.
Welter of Jones offered the following amendment H-5521, to the
committee amendment H-5480, filed by him and moved its adoption:
H-5521
1 Amend the amendment, H-5480, to Senate File 2186,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by inserting after line 6 the
5 following:
6 " . Page 13, by inserting after line 2 the
7 following:
8 "Sec. ___. Section 805.8, subsection 2, paragraph
9 h, Code Supplement 1995, is amended to read as
10 follows:
11 h. For operating, passing, turning and standing
12 violations under sections 321.236, subsections 3, 4, 9
13 and 12, 321.275, subsections 1 through 8, 321.295,
14 321.297, 321.299, 321.303, 321.304, subsections 1 and
15 2, 321.305, 321.306, 321.311, 321.312, 321.314,
16 321.315, 321.316, 321.318, 321.323, 321.340, 321.344,
17 321.353, 321.354, 321.363, 321.365, 321.366, 321.368,
18 321.382, and 321.395, the scheduled fine is fifteen
19 dollars.
20 Sec. ___. Section 805.8, subsection 2, paragraph
21 l, Code Supplement 1995, is amended to read as
22 follows:
23 l. For violations of traffic signs and signals,
24 and for failure to obey an officer under sections
25 321.229, 321.236, subsections 2 and 6, 321.256,
26 321.257, subsection 2, 321.294, 321.304, subsection 3,
27 321.322, 321.341, 321.342, 321.343 and 321.415, the
28 scheduled fine is twenty dollars."
29 . Page 13, by inserting after line 14 the
30 following:
31 "NEW PARAGRAPH. cc. For violations of sections
32 321.341, 321.342, 321.343, and 321.344, the scheduled
33 fine is fifty dollars.""
34 2. By renumbering as necessary.
Amendment H-5521 was adopted.
On motion by Welter of Jones, the committee amendment H-5480, as
amended, 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. 2186)
The ayes were, 98:
Arnold Baker Bernau Blodgett
Boddicker Boggess Bradley Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Cormack
Daggett Dinkla Disney Doderer
Drake Drees Eddie Ertl
Fallon Garman Gipp Greig
Greiner Gries Grubbs Grundberg
Hahn Halvorson Hammitt Barry 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 Osterhaus Rants
Renken Salton Schrader Schulte
Shoultz Siegrist Sukup Taylor
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:
Bell Brammer
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
The House resumed consideration of Senate File 2074, a bill for
an act relating to the dates on which city hospital or health
care facility trustees take and depart from office, previously
deferred and placed on the unfinished business calendar.
Disney of Polk offered the following amendment H-5109 filed by
the committee on state government and moved its adoption:
H-5109
1 Amend Senate File 2074 as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by striking lines 1 through 26.
4 2. By renumbering as necessary.
The committee amendment H-5109 was adopted.
Disney 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. 2074)
The ayes were, 98:
Arnold Baker Bell Bernau Blodgett
Boddicker Boggess Bradley Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Cormack Daggett
Dinkla Disney Doderer Drake
Drees Ertl Fallon Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson
Hammitt Barry 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
Osterhaus Rants Renken
Salton Schrader Schulte Shoultz
Siegrist Sukup Taylor 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 Eddie
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 2085, a bill for
an act relating to handicapped parking and providing a penalty,
previously deferred and placed on the unfinished business
calendar.
Salton of Palo Alto offered the following amendment H-5512 filed
by the committee on transportation and moved its adoption:
H-5512
1 Amend Senate File 2085, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking page 4, line 32, through page 5,
4 line 1, and inserting the following: "the department
5 under section 321L.8. If".
6 2. Page 5, line 32, by striking the word
7 "subsection," and inserting the following:
8 "subsection or".
9 3. By striking page 5, line 33, through page 6,
10 line 6, and inserting the following: "placard which
11 shall be valid for a period of four years from the
12 date of issuance. A removable windshield placard
13 shall be renewed within thirty days of the date of
14 expiration. To renew the placard, the person shall
15 comply with the requirements for initial issuance of
16 the placard under this section. Persons who seek
only
17 seeking".
18 4. Page 6, by striking lines 16 through 20 and
19 inserting the following: "windshield placards. The
20 department shall issue one additional".
21 5. Page 7, line 28, by striking the words "one
22 thousand" and inserting the following: "three
23 hundred".
24 6. Page 7, line 33, by striking the words "one
25 hundred thousand" and inserting the following:
"one
26 three hundred".
27 7. Page 8, by inserting after line 28 the
28 following:
29 "(3) The signature of the person who has been
30 issued the placard and the signature of the physician
31 or chiropractor who made the determination that the
32 person was handicapped for purposes of issuance of the
33 placard."
34 8. Page 9, by inserting after line 9 the
35 following:
36 "6. The shape and color of the removable
37 windshield placard shall be changed and the placard
38 shall be reissued every four years."
39 9. Page 11, line 4, by striking the word "fifty"
40 and inserting the following: "fifty one hundred".
41 10. By striking page 12, line 22, through page
42 13, line 3, and inserting the following:
43 "1. The department shall begin the issuance of new
44 permanent windshield placards and handicapped
45 designations on motor vehicle licenses or
46 nonoperator's identification cards, as provided in
47 this Act, beginning January 1, 1997.
48 2. After January 1, 1998, only new windshield
49 placards issued by the department pursuant to this
50 chapter shall be valid and any other hanging device
Page 2
1 issued prior to January 1, 1997, shall be invalid.
2 3. A person who has been issued a hanging device
3 prior to January 1, 1997, shall apply for a new
4 removable windshield placard and handicapped
5 designation by January 1, 1998.
6 4. A person who has been issued handicapped
7 registration plates or handicapped identification
8 stickers shall apply for a handicapped designation on
9 the person's motor vehicle license or nonoperator's
10 identification card by January 1, 1998.
11 5. A person who has been issued a handicapped
12 parking permit, but who does not possess a valid Iowa
13 motor vehicle license, shall apply for a nonoperator's
14 identification card by January 1, 1998."
15 11. Page 13, by inserting after line 12 the
16 following:
17 "Sec. ___. FUTURE REISSUANCE. The department
18 shall implement the reissuance of removable windshield
19 placards on January 1, 2001, and every four years
20 thereafter, in the same manner as provided for
21 reissuance in this Act."
22 12. By renumbering as necessary.
The committee amendment H-5512 was adopted.
Salton of Palo Alto 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. 2085)
The ayes were, 98:
Arnold Baker Bell Bernau
Boddicker Boggess Bradley Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Cormack Daggett
Dinkla Disney Doderer Drake
Drees Eddie Ertl Fallon Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson
Hammitt Barry 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 Osterhaus Rants Renken
Salton Schrader Schulte
Shoultz Siegrist Sukup Taylor
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:
Blodgett Brammer
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Rants of Woodbury asked and received unanimous consent that the
following bills be immediately messaged to the Senate: House
Files 2324, 2444 and Senate Files 2074, 2085, 2186 and 2387.
The House resumed consideration of Senate File 2012, a bill for
an act relating to the conduct of raffles, previously deferred
and placed on the unfinished business calendar.
Moreland of Wapello offered the following amendment H-5643 filed
by him and moved its adoption:
H-5643
1 Amend Senate File 2012, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by striking lines 10 and 11 and
4 inserting the following: "prizes having a combined
5 value of more than two hundred dollars may be offered.
6 If the prize is merchandise,".
7 2. Page 1, line 18, by striking the words "twenty
8 thousand" and inserting the following: "two hundred".
9 3. Page 2, by striking line 18 and inserting the
10 following: "combined value of more than two hundred
11 dollars may be".
12 4. Page 2, line 26, by striking the words "twenty
13 thousand" and inserting the following: "two hundred".
Amendment H-5643 was adopted, placing out of order amendment
H-5642 filed by Jacobs of Polk on March 26, 1996.
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. 2012)
The ayes were, 71:
Arnold Bell Bernau Boddicker
Boggess Brand Brauns Burnett
Cataldo Churchill Cohoon Connors
Cormack Dinkla Disney Doderer
Drake Drees Eddie Ertl
Greig Greiner Gries Grundberg
Halvorson Hammitt Barry Harper Harrison
Heaton Houser Jacobs Jochum
Koenigs Kremer Lamberti Larkin
Larson Martin Mascher May
McCoy Mertz Metcalf Millage
Moreland Mundie Murphy Myers
Nelson, B. Nelson, L. Nutt O'Brien
Ollie Osterhaus Rants Salton
Schrader Schulte Shoultz Siegrist Taylor
Teig Thomson Tyrrell Van Fossen
Warnstadt Weidman Weigel Welter
Wise Mr. Speaker
Corbett
The nays were, 25:
Blodgett Branstad Brunkhorst Carroll Coon
Daggett Fallon Garman
Grubbs Hahn Hanson Holveck
Hurley Huseman Klemme Kreiman
Lord Main Meyer Renken
Sukup Van Maanen Vande Hoef Veenstra
Witt
Absent or not voting, 4:
Baker Bradley Brammer Gipp
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 454, a bill for
an act relating to the establishment of an assisted living
program within the department of elder affairs, providing for
implementation, and providing penalties, previously deferred and
placed on the unfinished business calendar.
Martin of Scott offered amendment H-5639 filed by Martin, et.
al., as follows:
H-5639
1 Amend Senate File 454, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. NEW SECTION. 231C.1 FINDINGS AND
6 PURPOSE.
7 1. The general assembly finds that assisted living
8 is an important part of the long-term care system in
9 this state. Assisted living emphasizes the
10 independence and dignity of the individual while
11 providing services in a cost-effective manner.
12 2. The purposes of establishing an assisted living
13 program include all of the following:
14 a. To encourage the establishment and maintenance
15 of a safe and homelike environment for individuals of
16 all income levels who require assistance to live
17 independently but who do not require the nursing care
18 on a twenty-four-hour per day basis.
19 b. To establish standards for assisted living
20 programs that allow flexibility in design which
21 promotes a social model of service delivery by
22 focusing on individual independence, individual needs
23 and desires, and consumer-driven quality of service.
24 c. To encourage general public participation in
25 the development of assisted living programs for
26 individuals of all income levels.
27 Sec. 2. NEW SECTION. 231C.2 DEFINITIONS.
28 As used in this chapter, unless the context
29 otherwise requires:
30 1. "Assisted living" means provision of housing
31 with services which may include but are not limited to
32 health-related care, personal care, and assistance
33 with instrumental activities of daily living to six or
34 more tenants in a physical structure which provides a
35 homelike environment. "Assisted living" also includes
36 encouragement of family involvement, tenant self-
37 direction, and tenant participation in decisions that
38 emphasize choice, dignity, privacy, individuality,
39 shared risk, and independence. "Assisted living" does
40 not include the provision of housing and assistance
41 with instrumental activities of daily living which
42 does not also include provision of personal care or
43 health-related care.
44 2. "Department" means the department of elder
45 affairs created in chapter 231 or the department's
46 designee.
47 3. "Health-related care" means services provided
48 by a registered nurse or a licensed practical nurse,
49 on a part-time or intermittent basis, and services
50 provided by other licensed health care professionals,
Page 2
1 on a part-time or intermittent basis, as defined by
2 rule.
3 4. "Instrumental activities of daily living" means
4 those activities that reflect the tenant's ability to
5 perform household and other tasks necessary to meet
6 the tenant's needs within the community, which may
7 include but are not limited to shopping, cooking,
8 housekeeping, chores, and traveling within the
9 community.
10 5. "Personal care" means assistance with the
11 essential activities of daily living which may include
12 but are not limited to transferring, bathing, personal
13 hygiene, dressing, grooming, housekeeping essential to
14 the health and welfare of the tenant, and supervising
15 of self-administered medications, but does not include
16 the administration of medications.
17 6. "Tenant" means an individual who receives
18 assisted living services through a certified or
19 accredited assisted living program.
20 Sec. 3. NEW SECTION. 231C.3 CERTIFICATION OR
21 VOLUNTARY ACCREDITATION OF ASSISTED LIVING PROGRAMS.
22 1. The department shall establish, by rule in
23 accordance with chapter 17A, a program for
24 certification or voluntary accreditation and
25 monitoring of assisted living programs. An assisted
26 living program certified or voluntarily accredited
27 under this section is exempt from the requirements of
28 section 135.63 relating to certificate of need
29 requirements.
30 2. Each assisted living program operating in the
31 state shall be certified or voluntarily accredited
32 with the department. The owner or manager of an
33 assisted living program shall comply with the rules
34 adopted by the department for an assisted living
35 program. A person shall not represent an assisted
36 living program to the public as a certified or
37 voluntarily accredited program unless the program is
38 certified or voluntarily accredited pursuant to this
39 chapter.
40 3. Services provided by a certified or voluntarily
41 accredited assisted living program may be provided
42 directly by staff of the assisted living program, by
43 individuals contracting with the assisted living
44 program to provide services, or by individuals
45 employed by the tenant or with whom the tenant
46 contracts if the tenant agrees to assume the
47 responsibility and risk of the employment or the
48 contractural relationship.
49 4. The department shall certify or voluntarily
50 accredit and monitor assisted living programs and may
Page 3
1 enter into contracts to provide certification or
2 voluntary accreditation and monitoring. The
3 department shall have full access to a program during
4 certification or voluntary accreditation and
5 monitoring of the program.
6 Sec. 4. NEW SECTION. 231C.4 FIRE AND SAFETY
7 STANDARDS.
8 The state fire marshal shall adopt rules, in
9 coordination with the department, relating to the
10 certification or voluntary accreditation and
11 monitoring of the fire and safety of certified or
12 voluntarily accredited assisted living programs.
13 Sec. 5. NEW SECTION. 231C.5 COORDINATION OF THE
14 LONG-TERM CARE SYSTEM.
15 1. Any person representing a program to the public
16 as an assisted living program prior to July 1, 1996,
17 shall be granted a temporary certification or
18 voluntary accreditation by the department and shall
19 meet the requirements of this chapter within one year
20 of the issuance of the temporary certification or
21 voluntary accreditation to receive subsequent
22 certification or voluntary accreditation.
23 2. A hospital licensed pursuant to chapter 135B or
24 a health care facility licensed pursuant to chapter
25 135C may operate an assisted living program, located
26 in a distinct part of or separate structure under the
27 control of the hospital or health care facility, if
28 certified or voluntarily accredited pursuant to this
29 chapter.
30 3. This chapter shall not be construed to require
31 that a facility licensed as a different type of
32 facility also comply with the requirements of this
33 chapter, unless the facility is represented to the
34 public as a certified or voluntarily accredited
35 assisted living program.
36 Sec. 6. MEDICAL ASSISTANCE WAIVER. The department
37 of human services shall seek an assisted living
38 program waiver from the health care financing
39 administration of the United States department of
40 health and human services to add a certified or
41 voluntarily accredited assisted living program as an
42 eligible provider under the medical assistance home
43 and community-based services waiver for the elderly.
44 Sec. 7. IMPLEMENTATION. It is the intent of the
45 general assembly that sections 1 through 5 of this Act
46 be implemented following the establishment of a
47 funding source for implementation and administration
48 of this Act."
Witt of Black Hawk offered amendment H-5715, to amendment
H-5639, filed by him and Carroll as follows:
H-5715
1 Amend the amendment, H-5639, to Senate File 454, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. By striking page 1, line 3, through page 3,
5 line 48, and inserting the following:
6 " . By striking everything after the enacting
7 clause and inserting the following:
8 "Section 1. NEW SECTION. 231C.1 DEFINITIONS.
9 As used in this chapter, unless the context
10 otherwise requires:
11 1. "Assisted living program" means a program which
12 provides housing and which additionally provides or
13 arranges for services including but not limited to
14 health-related care, personal care, and assistance
15 with instrumental activities of daily living to six or
16 more tenants in a physical structure which provides a
17 homelike environment. An assisted living program is
18 characterized by service provision which is consumer-
19 driven, flexible, and individualized, and that
20 maximizes consumer independence, choice, and dignity.
21 "Assisted living program" does not include the
22 provision of housing and assistance with instrumental
23 activities of daily living which does not also include
24 the provision of personal or health-related care.
25 2. "Department" means the department of elder
26 affairs created in chapter 231 or the department's
27 designee.
28 3. "Health-related care" means services provided
29 by a licensed or certified health care professional.
30 4. "Instrumental activities of daily living" means
31 those activities that reflect the tenant's ability to
32 perform household and other tasks necessary to meet
33 the tenant's needs within the community, including but
34 not limited to shopping, cooking, housekeeping and
35 other household tasks, and traveling within the
36 community.
37 5. "Personal care" means assistance with the
38 essential activities of daily living which may include
39 but are not limited to transferring, bathing, personal
40 hygiene, dressing, grooming, housekeeping essential to
41 the health and welfare of the tenant, and supervising
42 of self-administered medications. "Personal care"
43 does not include administration of medications.
44 6. "Tenant" means an individual who is a recipient
45 of assisted living program services.
46 Sec. 2. NEW SECTION. 231C.2 ACCREDITATION OF
47 ASSISTED LIVING PROGRAMS.
48 1. A program which is represented to the public as
49 an assisted living program shall be accredited by an
50 independent entity.
Page 2
1 2. An independent entity which provides
2 accreditation services shall provide copies of all
3 requested materials relating to the accreditation
4 process to the department.
5 3. A hospital licensed pursuant to chapter 135B or
6 a health care facility licensed pursuant to chapter
7 135C may operate an assisted living program, located
8 in a distinct part of or a separate structure under
9 the control of the hospital or health care facility,
10 if the program is accredited pursuant to this chapter.
11 Sec. 3. NEW SECTION. 231C.3 SANCTIONS.
12 The department may adopt rules to establish
13 sanctions for failure to comply with the accreditation
14 provisions of this chapter. Additional sanctions
15 shall not be imposed for violations for which
16 sanctions exist under other law including but not
17 limited to building code and fire safety violations,
18 dependent adult abuse and adult protective services
19 provisions, and home health care regulations.
20 Sec. 4. MEDICAL ASSISTANCE WAIVER. The department
21 of human services shall seek a waiver from the health
22 care financing administration of the United States
23 department of health and human services to include
24 assisted living programs as eligible providers under
25 the medical assistance home and community-based
26 services waiver for the elderly.
27 Sec. 5. IMPLEMENTATION.
28 1. The department shall approve at least one
29 independent entity for the purposes of accrediting
30 assisted living programs on or before July 1, 1997.
31 2. The requirements of this chapter relating to
32 accreditation of assisted living programs take effect
33 July 1, 1998, if the program represents itself to the
34 public as an assisted living program."
35 . Title page, line 2, by inserting after the
36 word "program" the following: "accreditation
37 process".
38 . Title page, line 3, by striking the word
39 "penalties" and inserting the following:
40 "sanctions"."
41 2. By renumbering as necessary.
Speaker pro tempore Van Maanen of Marion in the chair at 11:07
a.m.
Witt of Black Hawk moved the adoption of amendment H-5715, to
amendment H-5639.
A non-record roll call was requested.
The ayes were 56, nays 23.
Amendment H-5715 was adopted.
MOTION TO RECONSIDER
Blodgett of Cerro Gordo called up for immediate consideration
the motion to reconsider amendment H-5715, to amendment H-5639,
filed
by him from the floor and moved to reconsider the vote by
which amendment H-5715, to amendment H-5639, to Senate File 454,
a bill for an act relating to the establishment of an assisted
living program within the department of elder affairs, providing
for implementation, and providing penalties, was adopted by the
House on April 2, 1996.
The House stood at ease at 11:27 a.m., until the fall of the
gavel.
The House resumed session at 11:48 a.m. Speaker pro tempore Van
Maanen of Marion in the chair.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 454 be deferred and placed on the unfinished
business calendar.
(The motion to reconsider amendment H-5715, to amendment H-5639,
to Senate File 454 pending.)
On motion by Rants of Woodbury, the House was recessed at 12:01
a.m., until 1:15 p.m.
AFTERNOON SESSION
The House reconvened at 1:20 p.m., Speaker Corbett in the chair.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 2, 1996, passed the following bill in
which the concurrence of the Senate was asked:
House File 2109, a bill for an act relating to nonconsensual
termination of or serious injury to a pregnancy and providing
penalties.
Also: That the Senate has on April 2, 1996, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 2256, a bill for an act providing requirements for
implementation of new or revised federal block grant provisions
which affect local governments and providing an effective date
and applicability provision.
Also: That the Senate has on April 2, 1996, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2063, a bill for an act establishing a school
improvement technology program to fund instructional technology
for school districts, the Iowa braille and sight saving school,
the state school for the deaf, the Price laboratory school, the
state hospital-schools, the state training school, and the Iowa
juvenile home, providing for properly related matters, and
making appropriations.
Also: That the Senate has on April 2, 1996, passed the following
bill in which the concurrence of the House is asked:
Senate File 2451, a bill for an act providing that member
contributions under certain public retirement systems are
considered employer contributions for state income tax purposes,
and providing applicability and effective date provisions.
Also: That the Senate has on April 2, 1996, passed the following
bill in which the concurrence of the House is asked:
Senate File 2455, a bill for an act relating to the
administration of taxes; electronic filing of tax returns and
payments; imposition of the penalty for willfully filing a false
claim for refund; low income, elderly, and disabled property tax
credit filing and certification dates; computation of the real
estate transfer tax; repeal of obsolete property tax provision;
and providing effective and retroactive applicability dates.
JOHN F. DWYER, Secretary
SENATE MESSAGES CONSIDERED
Senate File 2451, by committee on ways and means, a bill for
an act providing that member contributions under certain public
retirement systems are considered employer contributions for
state income tax purposes, and providing applicability and
effective date provisions.
Read first time and referred to committee on ways and means.
Senate File 2455, by committee on ways and means, a bill for
an act relating to the administration of taxes; electronic
filing of tax returns and payments; imposition of the penalty
for willfully filing a false claim for refund; low income,
elderly, and disabled property tax credit filing and
certification dates; computation of the real estate transfer
tax; repeal of obsolete property tax provision; and providing
effective and retroactive applicability dates.
Read first time and passed on file.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed eighty members present, twenty
absent.
SENATE AMENDMENT CONSIDERED
Grubbs of Scott called up for consideration House File 2316, a
bill for an act relating to sex offenses, including enticing
away a child and sentences for persons convicted of sexually
predatory offenses, amended by the Senate, and moved that the
House concur in the following Senate amendment H-5646:
H-5646
1 Amend House File 2316, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 3, by inserting after line 5 the
4 following:
5 "6. In addition to any other sentence imposed on a
6 person convicted of a sexually predatory offense
7 pursuant to subsection 1, 2, or 3, the person shall be
8 sentenced to an additional term of parole or work
9 release not to exceed two years. The board of parole
10 shall determine whether the person should be released
11 on parole or placed in a work release program. The
12 sentence of parole supervision shall commence
13 immediately upon the person's release by the board of
14 parole and shall be under the terms and conditions as
15 set out in chapter 906. Violations of parole or work
16 release shall be subject to the procedures set out in
17 chapter 905 or 908 or rules adopted under those
18 chapters. For purposes of disposition of a parole
19 violator upon revocation of parole or work release,
20 the sentence of an additional term of parole or work
21 release shall be considered part of the original term
22 of commitment to the department of corrections."
The motion prevailed and the House concurred in the Senate
amendment H-5646.
Grubbs of Scott moved that the bill, as amended by the Senate
and concurred in by the House, be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 2316)
The ayes were, 97:
Arnold Bell Bernau Blodgett
Boddicker Boggess Bradley Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Cohoon Connors
Coon Cormack Daggett Dinkla
Disney Doderer Drake Drees
Eddie Ertl Fallon Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson
Hammitt Barry 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 Osterhaus Rants Renken
Salton Schrader Schulte Shoultz
Siegrist Sukup Taylor 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 Churchill
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House File 2316 and Senate File 2012.
Unfinished Business Calendar
The House resumed consideration of Senate File 259, a bill for
an act relating to the practice of mortuary science, cremation,
and licensing of funeral establishments and providing penalties,
previously deferred and placed on the unfinished business
calendar.
Bradley of Clinton offered amendment H-5302 filed by the
committee on state government as follows:
H-5302
1 Amend Senate File 259 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Section 1. Section 147.14, subsection 1, Code
5 1995, is amended to read as follows:
6 1. For podiatry, barbering, mortuary science, and
7 social work, three members each, licensed to practice
8 the profession for which the board conducts
9 examinations, and two members who are not licensed to
10 practice the profession for which the board conducts
11 examinations and who shall represent the general
12 public. A quorum shall consist of a majority of the
13 members of the board.
14 Sec. 2. Section 147.14, Code 1995, is amended by
15 adding the following new subsection:
16 NEW SUBSECTION. 15. For mortuary science
17 examiners, three members licensed to practice mortuary
18 science, one member owning, operating, or employed by
19 a crematory, and one member not licensed to practice
20 mortuary science and not a crematory owner, operator,
21 or employee who shall represent the general public. A
22 majority of the members of the board constitutes a
23 quorum."
24 2. By renumbering as necessary.
Bradley of Clinton offered the following amendment H-5636, to
the committee amendment H-5302 filed by Bradley, et. al., and
moved its adoption:
H-5636
1 Amend the amendment, H-5302, to Senate File 259, as
2 passed by the Senate, as follows:
3 1. Page 1, line 17, by striking the word "three"
4 and inserting the following: "four".
5 2. Page 1, line 19, by striking the words "one
6 member" and inserting the following: "two members".
Amendment H-5636 was adopted.
On motion by Bradley of Clinton, the committee amendment H-5302,
as amended, was adopted.
Grundberg of Polk offered the following amendment H-5651 filed
by her and moved its adoption:
H-5651
1 Amend Senate File 259, as passed by the Senate, as
2 follows:
3 1. Page 7, by inserting after line 2 the
4 following:
5 "Sec. ___. Section 331.805, subsection 3,
6 paragraph b, Code 1995, is amended to read as follows:
7 b. If the next of kin, guardian, or other person
8 authorized to act on behalf of a deceased person has
9 requested that the body of the deceased person be
10 cremated, a permit for cremation must be obtained from
11 a medical examiner. However, a permit is not required
12 if the deceased person was a member of an established
13 religion whose tenets are opposed to the inspection or
14 examination of the body of a deceased person.
15 Cremation permits by the medical examiner must be made
16 on the most current forms prepared at the direction of
17 and approved by the state medical examiner, with
18 copies forwarded to the state medical examiner's
19 office. Costs for the cremation permit issued by a
20 medical examiner shall not exceed twenty-five
thirty-
21 five dollars. The costs shall be borne by the family,
22 next of kin, guardian of the decedent, or other
23 person."
24 2. By renumbering as necessary.
Amendment H-5651 was adopted.
Bradley of Clinton 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. 259)
The ayes were, 90:
Arnold Bell Bernau Blodgett
Boddicker Boggess Bradley Brand Brauns
Burnett Cataldo Churchill Cohoon
Connors Cormack Daggett
Dinkla Disney Doderer Drake
Drees Eddie Ertl Fallon Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn
Halvorson Hammitt Barry Hanson Harper
Harrison Heaton Holveck Houser
Hurley Huseman Jacobs Jochum
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Martin Mascher May McCoy
Metcalf Meyer Moreland Mundie
Murphy Myers Nelson, B. Nelson, L.
Nutt O'Brien Ollie Osterhaus
Rants Renken Salton Schrader
Schulte Shoultz Siegrist Sukup
Taylor Teig Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Wise Mr. Speaker
Corbett
The nays were, 5:
Branstad Carroll Main Mertz
Millage
Absent or not voting, 5:
Baker Brammer Brunkhorst Coon
Witt
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 259 be immediately messaged to the Senate.
The House resumed consideration of Senate File 2101, a bill for
an act relating to the disbursement of the remaining funds in a
nonguaranteed irrevocable burial trust fund following
satisfaction of payment in accordance with an agreement for
funeral merchandise and funeral services, previously deferred
and placed on the unfinished business calendar.
Sukup of Franklin 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. 2101)
The ayes were, 96:
Arnold Baker Bell Blodgett
Boddicker Boggess Bradley Branstad
Brauns Brunkhorst Burnett Carroll
Cataldo Churchill Cohoon Connors
Coon Cormack Daggett Dinkla
Disney Doderer Drake Drees
Eddie Ertl Fallon Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn Halvorson
Hammitt Barry Hanson Harper Harrison
Heaton Holveck Houser Hurley
Huseman Jacobs Jochum Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Main
Martin Mascher May Mertz
Metcalf Meyer Millage
Moreland Mundie Murphy Myers
Nelson, B. Nelson, L. Nutt O'Brien
Ollie Osterhaus Rants Renken
Salton Schrader Schulte Shoultz
Siegrist Sukup Taylor 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:
Bernau Brammer Brand McCoy
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 2101 be immediately messaged to the Senate.
The House resumed consideration of House File 2298, a bill for
an act relating to patient access through managed care plans or
indemnity plans with limited provider networks to defined
physicians, previously deferred and placed on the unfinished
business calendar.
The House stood at ease at 2:12 p.m., until the fall of the
gavel.
The House resumed session at 3:16 p.m., Speaker Corbett in the
chair.
Jacobs of Polk asked and received unanimous consent to defer
action on amendment H-5729.
Disney of Polk offered amendment H-5129 filed by him as follows:
H-5129
1 Amend House File 2298 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. NEW SECTION. 514C.11 PATIENT ACCESS
5 TO TYPES OF PHYSICIANS UNDER MANAGED CARE HEALTH PLAN
6 OR INDEMNITY PLAN WITH LIMITED PROVIDER NETWORK.
7 Notwithstanding section 514C.6, a managed care
8 health plan or indemnity plan with a limited provider
9 network shall provide patients direct access to each
10 type of physician, as defined in section 135.1 and
11 licensed under chapter 148, 150A, or 151, and to each
12 audiologist as defined in section 147.151, each person
13 practicing osteopathy under chapter 150, each
14 acupuncturist registered under chapter 148E, each
15 occupational therapist licensed under chapter 148B,
16 each podiatrist licensed under chapter 149, each
17 registered or practical nurse licensed under chapter
18 152, each dietician licensed under chapter 152A, each
19 respiratory care practitioner licensed under chapter
20 152B, each massage therapist licensed under chapter
21 152C, each dentist licensed under chapter 153, each
22 person engaged in the practice of optometry pursuant
23 to chapter 154, each hearing aid dealer licensed under
24 chapter 154A, each person engaged in the practice of
25 psychology subject to regulation under chapter 154B,
26 each person engaged in the practice of licensed social
27 work subject to regulation under chapter 154C, each
28 marital and family therapist licensed under chapter
29 154D, and each pharmacist licensed under chapter 155A.
30 Such direct access to a physician licensed under
31 chapter 151 shall not be conditioned upon a referral
32 by a provider licensed under another chapter. Access
33 to a specialist may be conditioned upon a referral by
34 a primary care provider licensed under chapter 148,
35 150A, or 151, or a primary care provider who is an
36 audiologist as defined in section 147.151, a person
37 engaged in the practice of osteopathy under chapter
38 150, an acupuncturist registered under chapter 148E,
39 an occupational therapist licensed under chapter 148B,
40 a podiatrist licensed under chapter 149, a registered
41 or practical nurse licensed under chapter 152,
42 dietician licensed under chapter 152A, a respiratory
43 care practitioner licensed under chapter 152B, a
44 massage therapist licensed under chapter 152C, each
45 dentist licensed under chapter 153, a person engaged
46 in the practice of optometry pursuant to chapter 154,
47 a hearing aid dealer licensed under chapter 154A, a
48 person engaged in the practice of psychology and
49 regulated under chapter 154B, a person engaged in the
50 practice of licensed social work and regulated under
Page 2
1 chapter 154C, a marital and family therapist licensed
2 under chapter 154D, a pharmacist licensed under
3 chapter 155A. If a primary care provider determines
4 that a referral should be made to a provider licensed,
5 registered, or otherwise regulated under another
6 chapter, a managed care health plan or indemnity plan
7 with a limited provider network may require that the
8 referral be made first to a provider designated by the
9 plan. Any copayment deductible, cost containment
10 mechanism, or premium rate shall not discriminate
11 directly or indirectly upon the basis of the license
12 held by the provider. Access to a specialist may be
13 subject to a different copayment or deductible than
14 access to a primary care provider. Access to a
15 nonparticipating provider may be restricted or may be
16 subject to different copayments, deductibles, or
17 premium rates, or may be excluded, provided that a
18 plan shall not differentiate or exclude a provider
19 directly or indirectly upon the basis of the license
20 held by the provider.
21 Each plan must demonstrate that it is capable of
22 serving appropriately the needs of the subscriber
23 population in the service area of the plan with regard
24 to patient access to each type of provider. The
25 commissioner of insurance shall adopt rules as
26 necessary to administer this paragraph.
27 For purposes of this section, "managed care health
28 plan or indemnity plan with a limited provider
29 network" means a health maintenance organization,
30 organized delivery system, accountable health plan,
31 health care insurance plan which limits the number of
32 health care providers who can provide services under
33 the plan, preferred provider organization, exclusive
34 provider organization, restricted access network, or
35 similar health-care plan."
36 2. Title page, line 3, by striking the word
37 "physicians" and inserting the following:
38 "providers".
Grundberg of Polk offered the following amendment H-5770, to
amendment H-5129, filed by her and moved its adoption:
H-5770
1 Amend the amendment, H-5129, to House File 2298 as
2 follows:
3 1. Page 1, by striking line 35 and inserting the
4 following: "including an obstetrician and
5 gynecologist, 150A, or 151, or may be conditioned upon
6 a referral by a primary care provider who is an".
A non-record roll call was requested.
Rule 75 was invoked.
The ayes were 33, nays 60.
Amendment H-5770 lost.
Grundberg of Polk offered the following amendment H-5771, to
amendment H-5129, filed by her and moved its adoption:
H-5771
1 Amend the amendment, H-5129, to House File 2298 as
2 follows:
3 1. Page 1, by striking line 35 and inserting the
4 following: "including an orthopedic surgeon, 150A, or
5 151, or may be conditioned upon a referral by a
6 primary care provider who is an".
A non-record roll call was requested.
The ayes were 20, nays 51.
Amendment H-5771 lost.
Grundberg of Polk offered the following amendment H-5781, to
amendment H-5129, filed by her and moved its adoption:
H-5781
1 Amend the amendment, H-5129, to House File 2298 as
2 follows:
3 1. Page 1, by striking line 35 and inserting the
4 following: "including a pediatrician, 150A, or 151,
5 or may be conditioned upon a referral by a primary
6 care provider who is an".
Amendment H-5781 lost.
Grundberg of Polk offered the following amendment H-5803, to
amendment H-5129 filed by her from the floor and moved its
adoption:
H-5803
1 Amend the amendment, H-5129, to House File 2298, as
2 follows:
3 1. Page 2, by inserting after line 26 the
4 following:
5 "Each plan shall disclose to each individual
6 considering becoming a subscriber under such plan, at
7 a minimum, information related to all of the
8 following:
9 1. The number, type, and distribution of
10 participating providers, including a list of
11 individual participating providers, if requested.
12 2. Any limitations on the choice of health care
13 providers under the plan.
14 3. Coverage benefits under the plan, as well as
15 exclusions from coverage.
16 4. Prior authorization or other review
17 requirements and their potential impact on payment or
18 nonpayment for services.
19 5. Financial obligations of a subscriber under the
20 plan.
21 6. Subscriber rights and responsibilities.
22 7. The existence of any limited utilization
23 incentive plans which may reduce or limit services
24 covered under the plan."
A non-record roll call was requested.
Rule 75 was invoked.
The ayes were 32, nays 58.
Amendment H-5803 lost.
SPECIAL PRESENTATION
Churchill of Polk presented to the House a delegation from
Iowa's sister state, Stavropol Krai. Those present were Victor
A. Cherepanov, Chairman Audit-Accounting Committee and Victor
Khloponya, Chairman Legislative and Jurisdictional Committee.
There were accompanied by Olga Strokova, interpreter from Iowa
State University. The delegates addressed the House briefly.
The House rose and expressed its welcome.
The House stood at ease at 4:45 p.m., until the fall of the
gavel.
The House resumed session at 5:07 p.m., Speaker Corbett in the
chair.
Grundberg of Polk asked and received unanimous consent to defer
action on the following amendments H-5795 and H-5799, to
amendment H-5129.
Grundberg of Polk offered the following amendment H-5800, to
amendment H-5129, filed by her and moved its adoption:
H-5800
1 Amend the amendment, H-5129, to House File 2298, as
2 follows:
3 1. Page 2, line 35, by inserting after the word
4 "plan." the following: "For purposes of this section,
5 "primary care provider" means, in addition to any
6 other primary care physician, an obstetrician and
7 gynecologist."
A non-record roll call was requested.
The ayes were 31, nays 54.
Amendment H-5800 lost.
The House considered amendment H-5795, to amendment H-5129,
previously deferred, filed by Grundberg of Polk.
H-5795
1 Amend the amendment, H-5129, to House File 2298, as
2 follows:
3 1. Page 2, line 35, by inserting after the word
4 "plan." the following: "For purposes of this section,
5 "primary care provider" means, in addition to any
6 other primary care physician, an orthopedic surgeon."
Grundberg of Polk moved the adoption of amendment H-5795, to
amendment H-5129.
Amendment H-5795 lost.
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2298 be deferred and placed on the unfinished
business calendar.
(Amendment H-5129 pending)
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 2, 1996, amended and passed the
following bill in which the concurrence of the House is asked:
House File 2369, a bill for an act relating to the postdelivery
care requirements for mothers and newborns and providing for an
exception of follow-up care outside of the hospital setting.
Also: That the Senate has on April 2, 1996, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2074, a bill for an act relating to the dates on
which city hospital or health care facility trustees take and
depart from office.
Also: That the Senate has on April 2, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2131, a bill for an relating to a continuing
appropriation for city public improvements.
Also: That the Senate has on April 2, 1996, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2186, a bill for an act relating to
transportation-related sanctions by increasing penalties for
certain offenses, providing for the issuance of temporary
restricted licenses for certain offenses, providing scheduled
fines for various violations, prohibiting certain activities of
motor vehicle dealers, and allowing the issuance of a uniform
citation and complaint to a corporation for certain violations.
Also: That the Senate has on April 2, 1996, amended the House
amendment, concurred in the House amendment as amended, and
passed the following bill in which the concurrence of the House
is asked:
Senate File 2446, a bill for an act relating to agriculture and
natural resources, by providing for appropriations, providing
related statutory changes, and providing effective dates.
Also: That the Senate has on April 2, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2453, a bill for an act relating to boilers and
unfired steam pressure vessels by providing for the inspection
of certain unfired steam pressure vessels, the procedure for
adopting rules, and providing an effective date.
Also: That the Senate has on April 2, 1996, passed the following
bill in which the concurrence of the House is asked:
Senate File 2459, a bill for an act relating to the provision of
health care services including the risk-based inspections of
health care facilities.
Also: That the Senate has on April 2, 1996, passed the following
bill in which the concurrence of the House is asked:
Senate File 2461, a bill for an act relating to the
establishment of family opportunity districts to provide
services to children and their families at the local level,
making an appropriation, and providing a repeal.
JOHN F. DWYER, Secretary
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on April 1,
1996. Had I been present, I would have voted "aye" on Senate
Files 2110, 2147, 2154, 2155, 2165, 2167, 2212, 2252, 2299,
2323, 2352, 2367 and 2448, and amendment H-5541 to Senate File
2448, and rules suspension on H-5541 to Senate File 2448; and
"nay" on the following amendments to Senate File 2448, H-5679,
H-5702, H-5708, H-5717, H-5741, H-5746, H-5762, and rules
suspension on H-5791 to Senate File 2448.
EDDIE of Buena Vista
I was necessarily absent from the House chamber on the evening
of April 1, 1996. Had I been present, I would have voted "aye"
to suspend the rules to consider amendment H-5717 to H-5541 to
Senate File 2448.
MORELAND of Wapello
BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports
that the following bills have been examined and found correctly
enrolled, signed by the Speaker of the House and the President
of the Senate, and presented to the Governor for his approval on
this Second day of April, 1996: House Files 308, 2230, 2397 and
2409.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on April 2, 1996, he approved and transmitted to the Secretary
of State the following bills:
House File 2036, a bill for an act relating to certain telephone
companies and permitting their reorganization as cooperative
associations.
House File 2150, a bill for an act relating to grandparent
visitation rights.
House File 2297, a bill for an act relating to payment of
warrants drawn on levee and drainage district funds.
House File 2310, a bill for an act relating to the regulation of
insurance and amending provisions providing for setoff of
premium, fraudulent submissions to insurers, availability of
certain information to insurers, length of term of the board of
directors of an insurer, notice of cancellation, delivery of
certain policies in this state, and making a penalty applicable.
House File 2400, a bill for an act relating to anatomical gifts
including the use of confidential information and the authority
of a medical examiner to release and permit the removal of a
body part in certain instances for the purposes of making an
anatomical gift.
House File 2408, a bill for an act concerning mining by applying
the criterion for the reclamation of mine sites, by redefining
operator and mining operations, by amending the hearing
procedures, by providing for administrative actions and the
assessments of penalties by the division of soil conservation
for noncompliance, and establishing additional penalties.
House File 2426, a bill for an act relating to certain
certification requirements of a city or county urban renewal
area.
House File 2429, a bill for an act relating to the
representation of indigents and other court appointments in
criminal and juvenile proceedings and providing effective and
retroactive applicability dates.
Senate File 73, a bill for an act requiring licensure of certain
social workers, providing an effective date, imposing fees, and
making penalties applicable.
Senate File 2013, a bill for an act requiring the licensure of
respiratory care therapists and creating a board for respiratory
care practitioners.
Senate File 2035, a bill for an act relating to the control and
eradication of Eurasian milfoil and establishing a penalty.
Senate File 2080, a bill for an act relating to nonsubstantive
Code corrections, and providing effective and retroactive
applicability dates.
Senate File 2122, a bill for an act relating to unclaimed
property held by the state, fraudulent practices to obtain the
property, and establishing a penalty.
Senate File 2127, a bill for an act relating to the
confidentiality of social security numbers of the owners of
unclaimed property.
Senate File 2331, a bill for an act prohibiting certain uses and
false representations relating to academic degrees, grades, or
honors, and providing a penalty.
Senate File 2395, a bill for an act relating to the regulation
of insurance companies for purposes of solvency and establishing
a measure for the risk-based capital of an insurer, and
providing penalties.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Forty-three students from Western Hills Elementary School, West
Des Moines, accompanied by Mrs. Hrdlicka and Mrs. Strentz. By
Jacobs of Polk.
Four fifth grade students from Sioux City Public Schools, Sioux
City, accompanied by Brian Pierce and Tracy Swanson. By Klemme,
Nutt, Rants and Warnstadt, all of Woodbury.
CERTIFICATES OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.
ELIZABETH A. ISAACSON
Chief Clerk of the House
1996\409 Timothy Golding, Cedar Rapids - For attaining the rank
of Eagle Scout, the highest rank in the Boy Scouts of America.
1996\410 Benjamin Golding, Cedar Rapids - For attaining the rank
of Eagle Scout, the highest rank in the Boy Scouts of America.
1996\411 Marion and Vern McKeown, Council Bluffs - For
celebrating their Fiftieth wedding anniversary.
HOUSE STUDY BILL COMMITTEE ASSIGNMENT
H.S.B. 752 Ways and Means
Relating to the state sales tax exemption on certain computers
or machinery and equipment.
AMENDMENTS FILED
H_5802 H.F. 2298 Grundberg of Polk
H_5804 H.F. 2298 Grundberg of Polk
H_5805 H.F. 2305 Lamberti of Polk
H_5806 H.F. 2449 Fallon of Polk
H_5807 S.F. 2168 Lamberti of Polk
H_5808 H.F. 2298 Grundberg of Polk
H_5809 H.F. 2298 Grundberg of Polk
H_5810 H.F. 2298 Grundberg of Polk
H_5811 H.F. 2298 Grundberg of Polk
H_5812 H.F. 2256 Senate Amendment
H_5813 H.F. 2298 Jochum of Dubuque
H_5814 H.F. 2298 Churchill of Polk
H_5815 H.F. 2298 Churchill of Polk
H_5816 H.F. 2298 Ertl of Dubuque
H_5817 H.F. 2298 Ertl of Dubuque
H_5818 H.F. 2419 Heaton of Henry
H_5819 H.F. 2298 Ertl of Dubuque
H_5820 H.F. 2298 Ertl of Dubuque
H_5821 H.F. 2369 Senate Amendment
H_5822 H.F. 2298 Grundberg of Polk
H_5823 H.F. 2298 Grundberg of Polk
H_5824 H.F. 2298 Grundberg of Polk
H_5825 H.F. 2298 Grundberg of Polk
H_5826 H.F. 2298 Grundberg of Polk
H_5827 H.F. 2298 Grundberg of Polk
H_5828 H.F. 2298 Grundberg of Polk
H_5829 H.F. 2298 Grundberg of Polk
H_5830 H.F. 2298 Grundberg of Polk
H_5831 H.F. 2298 Grundberg of Polk
H_5832 H.F. 2298 Grundberg of Polk
H_5833 H.F. 2298 Grundberg of Polk
H_5834 S.F. 2446 Senate Amendment
H_5835 H.F. 2488 Dinkla of Guthrie
H_5836 S.F. 2195 Murphy of Dubuque
Jochum of Dubuque
H_5837 S.F. 2324 Boddicker of Cedar
H_5838 S.F. 2365 Tyrrell of Iowa
H_5839 H.F. 2456 Harrison of Scott
H_5840 H.F. 2298 Grundberg of Polk
On motion by Siegrist of Pottawattamie, the House adjourned at
6:20 p.m., until 8:45 a.m., Wednesday, April 3, 1996.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 2)
© 1996 Cornell College and League of Women Voters of Iowa
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