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Ninety-fifth Calendar Day - Sixty-third Session Day
Hall of the House of Representatives
Des Moines, Iowa, Thursday, April 11, 1996
The House met pursuant to adjournment at 8:45 a.m., Speaker
Corbett in the chair.
Prayer was sung by Candy Boucher, Catholic Campus Minister,
Drake University, Des Moines.
The Journal of Wednesday, April 10, 1996 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Brand of Benton on request of Schrader of Marion.
CONSIDERATION OF BILLS
Unfinished Business Calendar
The House resumed consideration of Senate File 2266, a bill for
an act making transportation-related Code changes including
providing for a temporary registration permit, increasing
registration fees for certain trailers, and providing an
effective date, previously deferred and placed on the unfinished
business calendar.
Main of Jefferson 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. 2266)
The ayes were, 95:
Arnold Baker Bell Bernau Blodgett
Boddicker Boggess Bradley Branstad
Brauns Brunkhorst Burnett Carroll
Cataldo Cohoon 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
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, 5:
Brammer Brand Churchill Connors
Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Grundberg of Polk in the chair at 9:12 a.m.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2266 be immediately messaged to the Senate.
SENATE AMENDMENT CONSIDERED
Vande Hoef of Osceola called up for consideration House File
2259, a bill for an act relating to city sewer or water utility
connections, amended by the Senate, and moved that the House
concur in the following Senate amendment H-5899:
H-5899
1 Amend House File 2259, as passed by the House, as
2 follows:
3 1. Page 1, by inserting after line 26, the
4 following:
5 "This subsection shall not apply when a city
6 annexation plan includes annexation of an area
7 adjoining the city and a petition has not been
8 presented as provided in section 384.41 for a city
9 sewer or water utility connection. Until annexation
10 takes place, or the annexation plan is abandoned, the
11 state mandate contained in section 455B.172,
12 subsections 3, 4, and 5, shall not apply unless the
13 individual property owner voluntarily pays the
14 connection fee and requests to be connected to the
15 city sewer or water utility."
The motion prevailed and the House concurred in the Senate
amendment H-5899.
Vande Hoef of Osceola 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. 2259)
The ayes were, 94:
Arnold Baker Bell Bernau Blodgett
Boddicker Boggess Bradley Branstad
Brauns Brunkhorst Burnett Carroll
Cataldo Cohoon Coon Corbett, Spkr.
Cormack Daggett Dinkla Disney
Doderer Drake Drees Eddie
Ertl Garman Gipp Greig
Greiner Gries Grubbs
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 Schrader Schulte Shoultz
Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Witt
Grundberg,
Presiding
The nays were, 1:
Fallon
Absent or not voting, 5:
Brammer Brand Churchill Connors
Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Ways and Means Calendar
House File 2487, a bill for an act relating to the price index
for growth for purposes of the property tax limitation, was
taken up for consideration.
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?" (H.F. 2487)
The ayes were, 94:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Cohoon Coon
Corbett, Spkr. Cormack Daggett Dinkla
Disney Drake Drees Eddie
Ertl Fallon Garman Gipp Greig
Greiner Gries Grubbs
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 Schrader Schulte Shoultz
Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Witt
Grundberg,
Presiding
The nays were, none.
Absent or not voting, 6:
Brammer Brand Churchill Connors
Doderer Salton
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 2259 and 2487.
SENATE AMENDMENTS CONSIDERED
Jacobs of Polk called up for consideration House File 2229, a
bill for an act relating to unemployment insurance benefits by
providing
for employer contributions and liability for benefits regarding
successor employers, amended by the Senate, and moved that the
House concur in the following Senate amendment H-5647:
H-5647
1 Amend House File 2229, as passed by the House, as
2 follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Sec. ___. Section 96.3, Code Supplement 1995, is
6 amended by adding the following new subsection:
7 NEW SUBSECTION. 10. VOLUNTARY INCOME TAX
8 WITHHOLDING.
9 All payments of benefits made after December 31,
10 1996, are subject to the following:
11 a. An individual filing a new application for
12 benefits shall, at the time of filing the application,
13 be advised of the following:
14 (1) Benefits paid under this chapter are subject
15 to federal and state income tax.
16 (2) Legal requirements exist pertaining to
17 estimated tax payments.
18 (3) The individual may elect to have federal
19 income tax deducted and withheld from the individual's
20 payment of benefits at the amount specified in the
21 Internal Revenue Code as defined in section 422.3.
22 (4) The individual may elect to have Iowa state
23 income tax deducted and withheld from the individual's
24 payment of benefits at the rate of five percent.
25 (5) The individual shall be permitted to change
26 the individual's previously elected withholding
27 status.
28 b. Amounts deducted and withheld from benefits
29 shall remain in the unemployment compensation fund
30 until transferred to the appropriate taxing authority
31 as a payment of income tax.
32 c. The commissioner shall follow all procedures
33 specified by the United States department of labor,
34 the federal internal revenue service, and the
35 department of revenue and finance pertaining to the
36 deducting and withholding of income tax.
37 d. Amounts shall be deducted and withheld under
38 this subsection only after amounts are deducted and
39 withheld for any overpayment of benefits, child
40 support obligations, and any other amounts authorized
41 to be deducted and withheld under federal or state
42 law.
43 Sec. ___. Section 96.5, subsection 1, paragraph i,
44 Code Supplement 1995, is amended to read as follows:
45 i. The individual is unemployed as a result of the
46 individual's employer selling or otherwise
47 transferring a clearly segregable and identifiable
48 part of the employer's business or enterprise to
49 another employer which does not make an offer of
50 suitable work to the individual as provided under
Page 2
1 subsection 3; however. However, if the individual
2 does accept, and works in and is paid wages for,
3 suitable work with the acquiring employer, the
4 acquiring employer immediately becomes chargeable for
5 the benefits paid which are based on the wages paid by
6 the transferring employer shall be charged to the
7 unemployment compensation fund provided that the
8 acquiring employer has not received, or will not
9 receive, a partial transfer of experience under the
10 provisions of section 96.7, subsection 2, paragraph
11 "b". Relief of charges under this paragraph applies
12 to both contributory and reimbursable employers,
13 notwithstanding section 96.8, subsection 5."
14 2. Page 2, by inserting after line 32 the
15 following:
16 "Sec. ___. Section 96.11, subsection 5, Code 1995,
17 is amended by striking the subsection.
18 Sec. ___. Section 96.11, subsection 6, Code 1995,
19 is amended to read as follows:
20 6. EMPLOYMENT STABILIZATION. The commissioner,
21 with the advice and aid of the advisory council, and
22 through the appropriate bureaus of the division, shall
23 take all appropriate steps to reduce and prevent
24 unemployment; to encourage and assist in the adoption
25 of practical methods of vocational training,
26 retraining and vocational guidance; to investigate,
27 recommend, advise, and assist in the establishment and
28 operation, by municipalities, counties, school
29 districts, and the state, of reserves for public works
30 to be used in times of business depression and
31 unemployment; to promote the re-employment
32 reemployment of unemployed workers throughout the
33 state in every other way that may be feasible; and to
34 these ends to carry on and publish the results of
35 investigations and research studies."
36 3. Page 3, by inserting after line 33 the
37 following:
38 "Sec. ___. Section 96.19, subsection 18, paragraph
39 a, Code Supplement 1995, is amended by adding the
40 following new subparagraph:
41 NEW SUBPARAGRAPH. (9) A member of a limited
42 liability company. For such a member, the term
43 "employment" shall not include any portion of such
44 service that is performed in lieu of making a
45 contribution of cash or property to acquire a
46 membership interest in the limited liability company.
47 Sec. ___. Section 96.19, subsection 18, paragraph
48 f, Code Supplement 1995, is amended to read as
49 follows:
50 f. (1) Services performed by an individual for
Page 3
1 wages shall be deemed to be employment subject to this
2 chapter unless and until it is shown to the
3 satisfaction of the division of job service that such
4 individual has been and will continue to be free from
5 control or direction over the performance of such
6 services, both under the individual's contract of
7 service and in fact.
8 (2) Services performed by an individual for two or
9 more employing units shall be deemed to be employment
10 to each employing unit for which the services are
11 performed. However, an individual who concurrently
12 performs services as a corporate officer for two or
13 more related corporations and who is paid through a
14 common paymaster that is one of the related
15 corporations may, at the discretion of such related
16 corporations, be considered to be in the employment of
17 only the common paymaster.
18 Sec. ___. Section 96.19, subsection 41, Code
19 Supplement 1995, is amended by adding the following
20 new paragraph:
21 NEW PARAGRAPH. e. Any portion of the remuneration
22 to a member of a limited liability company based on a
23 membership interest in the company provided that the
24 remuneration is allocated among members, and among
25 classes of members, in proportion to their respective
26 investments in the company. If the amount of
27 remuneration attributable to a membership interest
28 cannot be determined, the entire amount of
29 remuneration shall be deemed to be based on services
30 performed.
31 Sec. ___. EFFECTIVE AND APPLICABILITY DATE. The
32 section of this Act which amends section 96.3 by
33 enacting a new subsection 10, takes effect on January
34 1, 1997, and is applicable to unemployment
35 compensation benefits paid on or after that date."
36 4. Title page, by striking lines 1 through 3 and
37 inserting the following: "An Act relating to the
38 components of the unemployment insurance system
39 concerning the job service advisory council, voluntary
40 income tax withholding from unemployment benefits,
41 relieving certain employers from certain unemployment
42 insurance charges, employer contributions and
43 liability for unemployment insurance benefits
44 regarding successor employers, definitions of
45 employment and wages for members of limited liability
46 companies, and unemployment insurance tax liability
47 for corporate officers, and providing an effective and
48 applicability date."
49 5. By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-5647.
Jacobs of Polk moved that the bill, as amended by the Senate and
concurred in by the House, be read a last time now and placed
upon its passage which motion prevailed and the bill was read a
last time.
On the question "Shall the bill pass?" (H.F. 2229)
The ayes were, 95:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Cohoon Coon
Corbett, Spkr. Cormack Daggett Dinkla
Disney Doderer Drake Drees
Eddie Ertl Fallon Garman
Gipp Greig Greiner Gries Grubbs
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 Schrader
Schulte Shoultz Siegrist Sukup
Taylor Teig Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Wise Witt Grundberg,
Presiding
The nays were, none.
Absent or not voting, 5:
Brammer Brand Churchill Connors
Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Coon of Warren called up for consideration House File 2448, a
bill for an act relating to public access to criminal history
data maintained by the department of public safety, amended by
the Senate, and moved that the House concur in the following
Senate amendment H-5917:
H-5917
1 Amend House File 2448, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, by inserting after line 5 the
4 following:
5 "Sec. ___. Section 216A.136, Code 1995, is amended
6 to read as follows:
7 216A.136 STATISTICAL ANALYSIS CENTER - ACCESS TO
8 RECORDS.
9 The division shall maintain an Iowa statistical
10 analysis center for the purpose of coordinating with
11 data resource agencies to provide data and analytical
12 information to federal, state, and local governments,
13 and assist agencies in the use of criminal and
14 juvenile justice data. The division of criminal and
15 juvenile justice planning and the statistical analysis
16 center are considered criminal justice agencies for
17 the purposes of receiving criminal history data.
18 Notwithstanding any other provision of state law,
19 unless prohibited by federal law or regulation, the
20 division shall be granted access, for purposes of
21 research and evaluation, to criminal history records,
22 official juvenile court records, juvenile court social
23 records, and any other data collected or under control
24 of the board of parole, department of corrections,
25 district departments of correctional services,
26 department of human services, judicial department, and
27 department of public safety. Any record, data, or
28 information obtained by the division under this
29 section and the division itself are subject to the
30 federal and state confidentiality laws and regulations
31 which are applicable to the original record, data, or
32 information obtained by the division and to the
33 original custodian of the record, data, or
34 information. The access shall include but is not
35 limited to all of the following:
36 1. Juvenile court records and all other
37 information maintained under sections 232.147 through
38 232.153.
39 2. Child abuse information under sections 235A.15
40 through 235A.19.
41 3. Dependent adult abuse records maintained under
42 chapter 235B.
43 4. Criminal history and intelligence data
44 maintained under chapter 692.
45 5. Sex offender registry information maintained
46 under chapter 692A.
47 6. Presentence investigation reports maintained
48 under section 901.4.
49 7. Corrections records maintained under sections
50 904.601 and 904.602.
Page 2
1 8. Community-based correctional program records
2 maintained under chapter 905.
3 9. Parole records maintained under chapter 906.
4 10. Deferred judgment, deferred or suspended
5 sentence, and probation records maintained under
6 chapter 907.
7 11. Violation of parole or probation records
8 maintained under chapter 908.
9 12. Fines and victim restitution records
10 maintained under chapters 909 and 910."
11 2. Page 1, line 14, by inserting after the word
12 "and" the following: "provided by the department to
13 law enforcement agencies,".
14 3. Page 1, line 16, by inserting after the word
15 "mail" the following: "or as otherwise provided by
16 rule".
17 4. Page 1, by inserting after line 31 the
18 following:
19 "(4) Upon receipt of official notification of the
20 successful completion of probation following a
21 deferred judgment, criminal history data regarding the
22 person who successfully completed the probation shall
23 only be disseminated by the department to a criminal
24 or juvenile justice agency, to the person who is the
25 subject of the criminal history data or the person's
26 attorney, or to another person with a signed release
27 from the person who is the subject of the criminal
28 history data authorizing the requesting person access
29 to the criminal history data."
30 5. Page 1, by inserting after line 31 the
31 following:
32 "(5) Any release of criminal history data by the
33 department shall prominently display the statement:
34 "AN ARREST WITHOUT DISPOSITION IS NOT AN INDICATION OF
35 GUILT.""
36 6. Page 2, by inserting after line 13 the
37 following:
38 " . Unless otherwise provided by law, access
39 under this section to criminal history data by a
40 person or public or private agency does not create a
41 duty upon a person, or employer, member, or volunteer
42 of a public or private agency to examine the criminal
43 history data of an applicant, employee, or volunteer."
44 7. Page 2, line 20, by striking the words "may
45 shall" and inserting the following: "may".
46 8. By striking page 3, line 25, through page 4,
47 line 3.
48 9. Title page, by striking lines 1 and 2 and
49 inserting the following: "An Act relating to access
50 to criminal history and other records maintained by
Page 3
1 state agencies."
2 10. By renumbering, relettering, or redesignating
3 and correcting internal references as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-5917.
Coon of Warren 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. 2448)
The ayes were, 94:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Cohoon Connors Coon
Corbett, Spkr. Cormack Daggett
Dinkla Doderer Drake Drees
Eddie Ertl Fallon Garman
Gipp Greig Greiner Gries
Grubbs 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 Moreland Mundie
Murphy Myers Nelson, B. Nelson, L.
Nutt O'Brien Ollie Osterhaus
Rants Renken Schrader Schulte
Shoultz Siegrist Sukup Taylor
Teig Thomson Tyrrell Van Fossen
Van Maanen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Wise
Witt Grundberg,
Presiding
The nays were, none.
Absent or not voting, 6:
Brammer Brand Churchill Disney
Millage Salton
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGES
Rants of Woodbury asked and received unanimous consent that the
following bills be immediately messaged to the Senate: House
Files 2229 and 2448.
Unfinished Business Calendar
The House resumed consideration of Senate File 2385, a bill for
an act relating to appointment and election of state judicial
nominating commissioners and providing effective and
applicability dates and transition provisions, previously
deferred and placed on the unfinished business calendar.
Dinkla of Guthrie asked and received unanimous consent to
withdraw amendment H-5542, filed by the committee on judiciary
on March 25, 1996, placing out of order amendment H-5724 filed
by Dinkla of Guthrie on March 28, 1996.
Dinkla of Guthrie 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. 2385)
The ayes were, 95:
Bell Bernau Blodgett Boddicker Boggess
Bradley Branstad Brauns
Brunkhorst Burnett Carroll Cataldo
Churchill Cohoon Connors Coon Corbett,
Spkr. Cormack Daggett Dinkla
Disney Doderer Drake Drees
Eddie Ertl Fallon Garman
Gipp Greig Greiner Gries
Grubbs 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 Schrader
Schulte Shoultz Siegrist Sukup
Taylor Teig Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Wise Witt Grundberg,
Presiding
The nays were, none.
Absent or not voting, 5:
Arnold Baker Brammer Brand
Salton
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 2413, a bill for
an act relating to judicial administration, including the
definition of a judicial officer, the administrative authority
of certain judges within a district, and the retirement age of
an associate juvenile judge and associate probate judge,
previously deferred and placed on the unfinished business
calendar.
Dinkla of Guthrie 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. 2413)
The ayes were, 94:
Arnold Baker Bell Bernau Blodgett
Boggess Bradley Branstad Brauns
Burnett Carroll Cataldo Churchill
Cohoon Connors Corbett, Spkr. Cormack
Daggett Dinkla Disney Doderer
Drake Drees Eddie Ertl
Fallon Garman Gipp Greig
Greiner Gries Grubbs 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 Schrader Schulte Shoultz
Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Witt
Grundberg,
Presiding
The nays were, none.
Absent or not voting, 6:
Boddicker Brammer Brand Brunkhorst
Coon Salton
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 2385 and 2413.
The House resumed consideration of House File 2367, 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, previously
deferred and placed on the unfinished business calendar.
Nutt of Woodbury offered the following amendment H-5325 filed by
him and moved its adoption:
H-5325
1 Amend House File 2367 as follows:
2 1. Page 1, line 7, by inserting after the word
3 "may" the following: "but need not".
4 2. Page 1, line 12, by inserting after the word
5 "may" the following: "but need not".
Amendment H-5325 was adopted.
SENATE FILE 2422 SUBSTITUTED FOR HOUSE FILE 2367
Nutt of Woodbury asked and received unanimous consent to
substitute Senate File 2422 for House File 2367.
Senate File 2422, 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, 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. 2422)
The ayes were, 95:
Arnold Bell Bernau Blodgett
Boddicker Boggess Bradley Branstad
Brauns Brunkhorst Burnett Carroll
Cataldo Churchill Cohoon Connors
Coon Corbett, Spkr. Cormack Daggett
Dinkla Disney Doderer Drake
Drees Eddie Ertl Fallon
Garman Gipp Greig Greiner Gries
Grubbs 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
Schrader Schulte Shoultz Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Wise Witt Grundberg,
Presiding
The nays were, none.
Absent or not voting, 5:
Baker Brammer Brand Salton
Taylor
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 2367 WITHDRAWN
Nutt of Woodbury asked and received unanimous consent to
withdraw House File 2367 from further consideration by the House.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2422 be immediately messaged to the Senate.
The House resumed consideration of Senate File 2138, a bill for
an act relating to county mental health and developmental
disability funding, previously deferred and placed on the
unfinished business calendar.
Carroll of Poweshiek asked and received unanimous consent to
withdraw amendment H-5846 filed by him on April 3, 1996.
Carroll of Poweshiek offered the following amendment H-5883
filed by him and moved its adoption:
H-5883
1 Amend Senate File 2138, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by striking lines 1 through 11 and
4 inserting the following:
5 "Sec. 100. NEW SECTION. 331.439A INDEMNITY FUND.
6 1. An indemnity fund is created in the office of
7 the treasurer of state under the authority of the
8 executive council. Moneys in the indemnity fund shall
9 consist of appropriations by the state and payments by
10 counties as provided in this section. Notwithstanding
11 section 8.33, moneys in the indemnity fund which
12 remain unencumbered or unobligated at the close of a
13 fiscal year shall remain in the indemnity fund to be
14 used as provided in this section. Notwithstanding
15 section 12C.7, interest or earnings on moneys
16 deposited in the indemnity fund shall be credited to
17 the indemnity fund.
18 2. There is appropriated from the general fund of
19 the state to the indemnity fund in each fiscal year
20 the sum of one million dollars.
21 3. A participating county may submit a request to
22 the indemnity fund for a cash grant in the event the
23 county's services fund is insufficient or is projected
24 to be insufficient to pay for a service in the
25 county's management plan approved under section
26 331.439 because of an unusual or unanticipated need of
27 an individual. A decision to grant the county's
28 request is subject to all of the following conditions:
29 a. The individual is covered under the county's
30 approved management plan.
31 b. The service needs of the individual are
32 documented and address possible service alternatives.
33 c. Payment of the individual's service needs is
34 anticipated to cause the county's services fund to be
35 insufficient to pay for all of the services required
36 under the county's management plan unless the plan
37 were to be amended to reduce services or service
38 costs.
39 d. One or more of the following circumstances
40 applies:
41 (1) The service costs of the individual were not
42 an obligation of the county in any fiscal year
43 previous to the fiscal year in which the request is
44 made.
45 (2) The service costs of the individual were an
46 obligation of the county in a previous fiscal year and
47 the individual suffered an additional unanticipated
48 disability condition with an exceptional cost.
49 (3) The service costs of the individual were an
50 obligation of the county in a previous fiscal year and
Page 2
1 the individual's disability worsened and requires an
2 unanticipated additional service with an exceptional
3 cost.
4 e. A indemnity fund grant shall be for one fiscal
5 year only and is not renewable for the costs of the
6 same services to an individual in a subsequent fiscal
7 year.
8 f. The county levies the maximum amount authorized
9 for the county's services fund under section 331.424A.
10 4. An account shall be created within the
11 indemnity fund for each county. All of the following
12 shall be annually credited to the account of a county
13 in a fiscal year:
14 a. A county's portion of the appropriation from
15 the property tax relief fund to the indemnity fund for
16 the fiscal year. The county's portion shall be the
17 amount determined by applying the county's percentage
18 share of all county base year expenditures, as defined
19 in section 331.438, to the amount of the appropriation
20 from the property tax relief fund to the indemnity
21 fund.
22 b. The county's portion of any appropriations from
23 the general fund of the state for the fiscal year to
24 the indemnity fund. The county's portion shall be
25 determined by applying the county's percentage share
26 of all county base year expenditures, as defined in
27 section 331.438, to the amounts appropriated by the
28 state for the fiscal year.
29 c. Interest and earnings attributable to the
30 balance in the account in the previous fiscal year.
31 5. A request for a grant from the indemnity fund
32 shall be initially considered by the county finance
33 committee which shall make a recommendation to the
34 executive council to accept or reject the request in
35 whole or in part. The decision of the executive
36 council is final.
37 6. A grant to a county from the indemnity fund
38 shall be debited against the county's account. The
39 balance in a county's account at the close of a fiscal
40 year shall be carried forward as a beginning account
41 balance and is available for grants in the succeeding
42 fiscal year. The executive council shall not approve
43 grants for a county in excess of the amount of funding
44 available in the county's account for a fiscal year.
45 Sec. 200. Section 426B.1, Code Supplement 1995, is
46 amended by adding the following new subsection:
47 NEW SUBSECTION. 3. There is annually appropriated
48 from the property tax relief fund to the indemnity
49 fund created in section 331.439A, an amount equal to
50 one-half of one percent of the total of base year
Page 3
1 expenditures for all counties. The appropriation in
2 this subsection shall be charged against the property
3 tax relief fund prior to the distribution of moneys
4 from the fund under section 426B.2 and the amount of
5 moneys available for distribution shall be reduced
6 accordingly. However, the appropriation in this
7 subsection shall be considered to be a property tax
8 relief payment for purposes of the combined amount of
9 payments required to achieve fifty percent of the
10 counties' base year expenditures as provided in
11 section 426B.2, subsection 3."
12 2. Page 1, by inserting after line 23 the
13 following:
14 "Sec. ___. EFFECTIVE DATE. Section 100 of this
15 Act, enacting section 331.439A, and section 200 of
16 this Act, amending section 426B.1, take effect July 1,
17 1997."
18 3. Title page, line 2, by inserting after the
19 word "funding" the following: "by creating an
20 indemnity fund, making appropriations, and providing
21 effective dates".
Amendment H-5883 was adopted.
RULE 32 SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to invoke Rule 32 to refer Senate File 2138 to the committee on
appropriations.
SENATE AMENDMENTS CONSIDERED
Veenstra of Sioux called up for consideration Senate File 2154,
a bill for an act increasing the penalties for certain offenses
involving methamphetamine, amended by the House, further amended
by the Senate and moved that the House concur in the following
Senate amendment H-5878 to the House amendment:
H-5878
1 Amend the House amendment, S-5614, to Senate File
2 2154, as amended, passed, and reprinted by the Senate,
3 as follows:
4 1. Page 1, line 17, by inserting after the word
5 "any" the following: "liquid, ointment, suppository,
6 or injectable product containing ephedrine, any
7 product containing ephedrine in tablet form packaged
8 in blister packages of no more than two tablets per
9 blister, or any".
The motion lost and the House refused to concur in the Senate
amendment H-5878, to the House amendment.
Houser of Pottawattamie called up for consideration House File
2427, a bill for an act relating to mental health, mental
retardation, developmental disabilities, and other services paid
for in whole or in part by counties or the state, and including
an applicability provision and an effective date, amended by the
Senate, and moved that the House concur in the following Senate
amendment H-5916:
H-5916
1 Amend House File 2427, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, line 4, by striking the word
4 "subsections" and inserting the following:
5 "subsection".
6 2. Page 1, by striking lines 5 through 8.
7 3. Page 1, by striking lines 20 and 21 and
8 inserting the following: "a recommendation supporting
9 the placement developed through the single entry point
10 process. After determining the legal settlement".
11 4. Page 1, line 32, by inserting after the word
12 "evaluation" the following: ", performed through the
13 single entry point process,".
14 5. Page 2, by striking line 8 and inserting the
15 following: "as determined through the single entry
16 point process."
17 6. Page 2, line 35, by striking the words and
18 figures "subsections 2 and 3" and inserting the
19 following: "subsection 2".
20 7. Page 3, line 1, by striking the word "are" and
21 inserting the following: "is".
22 8. Page 3, by striking lines 2 through 9 and
23 inserting the following:
24 "2. Upon receipt of an application for voluntary
25 admission of a minor, the board of supervisors shall
26 provide for a preadmission diagnostic evaluation of
27 the minor to confirm or establish the need for the
28 admission. The preadmission diagnostic evaluation
29 shall be performed by a person who meets the
30 qualifications of a qualified mental retardation
31 professional who is designated through the single
32 entry point process."
33 9. By striking page 3, line 10, through page 4,
34 line 26, and inserting the following:
35 "Sec. ___. Section 222.28, Code 1995, is amended
36 to read as follows:
37 222.28 COMMISSION TO EXAMINE.
38 The court may, at or prior to the final hearing,
39 appoint a commission of one qualified physician and
40 one qualified psychologist, designated through the
41 single entry point process, who shall make a personal
42 examination of the person alleged to be mentally
43 retarded for the purpose of determining the mental
44 condition of the person."
45 10. Page 4, line 31, by striking the words
46 "county of legal settlement" and inserting the
47 following: "single entry point process".
48 11. Page 4, lines 33 and 34, by striking the
49 words ", which are authorized in accordance with the
50 county's management plan,".
Page 2
1 12. Page 5, by striking lines 10 through 12 and
2 inserting the following:
3 "NEW PARAGRAPH. f. A county shall not be billed
4 for the cost of a patient unless the patient's
5 admission is authorized through the applicable single
6 entry point process. The state hospital-school and
7 the county shall work together to locate appropriate
8 alternative placements and services, and to educate
9 patients and the family members of patients regarding
10 such alternatives."
11 13. Page 5, by striking lines 13 through 23 and
12 inserting the following:
13 "Sec. ___. Section 222.73, subsection 2,
14 unnumbered paragraph 2, Code Supplement 1995, is
15 amended to read as follows:
16 The per diem costs billed to each county shall not
17 exceed the per diem costs in effect on July 1, 1988
18 billed to the county in the fiscal year beginning July
19 1, 1996. However, the per diem costs billed to a
20 county may be adjusted annually in a fiscal year
to
21 reflect increased costs to the extent of the
22 adjustment in the consumer price index published
23 annually in the federal register by the federal
24 department of labor, bureau of labor statistics
25 percentage increase in the total of county fixed
26 budgets pursuant to the allowed growth factor
27 adjustment authorized by the general assembly for that
28 fiscal year in accordance with section 331.439.
29 Sec. ___. EFFECTIVE DATE. Section 222.73,
30 subsection 2, unnumbered paragraph 2, Code Supplement
31 1995, as amended by this division of this Act, takes
32 effect July 1, 1997."
33 14. Page 6, line 3, by striking the words "An
34 order".
35 15. Page 6, by striking lines 4 and 5 and
36 inserting the following: "If the costs of a
37 respondent's evaluation or treatment are payable in
38 whole or in part by a county, an order under this
39 section shall be for referral of the respondent
40 through the single entry point process for an".
41 16. Page 6, line 17, by striking the word
42 "patient" and inserting the following: "patient
43 respondent".
44 17. Page 6, by striking lines 30 through 32 and
45 inserting the following: "treatment, and hospital
46 care under this section which are payable in whole or
47 in part by a county shall only be provided as
48 determined through the single entry point process."
49 18. Page 7, by striking lines 17 and 18 and
50 inserting the following: "county shall only be
Page 3
1 provided as determined through the single entry point
2 process."
3 19. Page 7, by striking lines 21 through 24 and
4 inserting the following:
5 "NEW SUBSECTION. 8. "Single entry point process"
6 means the same as defined in section 331.440."
7 20. Page 9, by striking lines 11 and 12 and
8 inserting the following: "performed through the
9 single entry point process has confirmed that the".
10 21. Page 9, by striking lines 17 and 18 and
11 inserting the following: "provided for through the
12 single entry point process, the evaluation may be
13 performed by a".
14 22. Page 10, lines 27 and 28 by striking the
15 words "by the person's county of legal settlement" and
16 inserting the following: "through the single entry
17 point process".
18 23. Page 11, by striking line 8 and inserting the
19 following: "designated through the single entry point
20 process under section".
21 24. Page 11, by striking line 14 and inserting
22 the following: "designated through the single entry
23 point process under".
24 25. Page 12, by striking lines 4 through 7 and
25 inserting the following: "whole or in part by a
26 county is subject to an authorization for the transfer
27 through the single entry point process."
28 26. By striking page 12, line 8, through page 14,
29 line 1, and inserting the following:
30 "Sec. ___. Section 229.1, Code Supplement 1995, is
31 amended by adding the following new subsection:
32 NEW SUBSECTION. 15. "Single entry point process"
33 means the same as defined in section 331.440.
34 Sec. ___. NEW SECTION. 229.1B SINGLE ENTRY POINT
35 PROCESS.
36 Notwithstanding any provision of this chapter to
37 the contrary, any person whose hospitalization
38 expenses are payable in whole or in part by a county
39 shall be subject to all requirements of the single
40 entry point process.
41 Sec. ___. Section 229.11, unnumbered paragraph 1,
42 Code 1995, is amended to read as follows:
43 If the applicant requests that the respondent be
44 taken into immediate custody and the judge, upon
45 reviewing the application and accompanying
46 documentation, finds probable cause to believe that
47 the respondent is seriously mentally impaired has a
48 serious mental impairment and is likely to injure the
49 respondent or other persons if allowed to remain at
50 liberty, the judge may enter a written order directing
Page 4
1 that the respondent be taken into immediate custody by
2 the sheriff or the sheriff's deputy and be detained
3 until the hospitalization hearing, which. The
4 hospitalization hearing shall be held no more than
5 five days after the date of the order, except that if
6 the fifth day after the date of the order is a
7 Saturday, Sunday, or a holiday, the hearing may be
8 held on the next succeeding business day. If the
9 expenses of a respondent are payable in whole or in
10 part by a county, for a placement in accordance with
11 subsection 1, the judge shall give notice of the
12 placement to the single entry point process and for a
13 placement in accordance with subsection 2 or 3, the
14 judge shall order the placement in a hospital or
15 facility designated through the single entry point
16 process. The judge may order the respondent detained
17 for the period of time until the hearing is held, and
18 no longer, in accordance with subsection 1 if
19 possible, and if not then in accordance with
20 subsection 2 or, only if neither of these alternatives
21 are available, in accordance with subsection 3.
22 Detention may be:
23 Sec. ___. Section 229.13, unnumbered paragraph 1,
24 Code 1995, is amended to read as follows:
25 If upon completion of the hearing the court finds
26 that the contention that the respondent is seriously
27 mentally impaired has been has a serious mental
28 impairment is sustained by clear and convincing
29 evidence, it the court shall order the a
respondent
30 placed in whose expenses are payable in whole or in
31 part by a county committed to the care of a hospital
32 or facility designated through the single entry point
33 process, and shall order any other respondent
34 committed to the care of a hospital or a facility
35 licensed to care for persons with mental illness or
36 substance abuse or under the care of a facility that
37 is licensed to care for persons with mental illness or
38 substance abuse on an outpatient basis as
39 expeditiously as possible for a complete psychiatric
40 evaluation and appropriate treatment. If the
41 respondent is ordered at the hearing to undergo
42 outpatient treatment, the outpatient treatment
43 provider must be notified and agree to provide the
44 treatment prior to placement of the respondent under
45 the treatment provider's care. The court shall
46 furnish to the chief medical officer of the hospital
47 or facility at the time the respondent arrives at the
48 hospital or facility a written finding of fact setting
49 forth the evidence on which the finding is based. If
50 the respondent is ordered to undergo outpatient
Page 5
1 treatment, the order shall also require the respondent
2 to cooperate with the treatment provider and comply
3 with the course of treatment.
4 PARAGRAPH DIVIDED. The chief medical officer of
5 the hospital or facility shall report to the court no
6 more than fifteen days after the individual is
7 admitted to or placed under the care of the hospital
8 or facility, making a recommendation for disposition
9 of the matter. An extension of time may be granted
10 for not to exceed seven days upon a showing of cause.
11 A copy of the report shall be sent to the respondent's
12 attorney, who may contest the need for an extension of
13 time if one is requested. Extension of time shall be
14 granted upon request unless the request is contested,
15 in which case the court shall make such inquiry as it
16 deems appropriate and may either order the
17 respondent's release from the hospital or facility or
18 grant extension of time for psychiatric evaluation.
19 If the chief medical officer fails to report to the
20 court within fifteen days after the individual is
21 admitted to or placed under the care of the hospital
22 or facility, and no extension of time has been
23 requested, the chief medical officer is guilty of
24 contempt and shall be punished under chapter 665. The
25 court shall order a rehearing on the application to
26 determine whether the respondent should continue to be
27 held at or placed under the care of the facility."
28 27. Page 14, line 25, by striking the word "in".
29 28. Page 14, by striking line 26 and inserting
30 the following: "through the single entry point
31 process, the said clerk".
32 29. Page 14, lines 32 and 33, by striking the
33 words "single entry point process of the person's
34 county of legal settlement" and inserting the
35 following: "single entry point process".
36 30. Page 15, by striking lines 6 through 9 and
37 inserting the following: "revenue and finance. A
38 county shall not be billed for the cost of a patient
39 unless the patient's admission is authorized through
40 the single entry point process. The mental health
41 institute and the county shall work together to locate
42 appropriate alternative placements and services, and
43 to educate patients and family members of patients
44 regarding such alternatives."
45 31. Page 15, line 15, by striking the word "in".
46 32. Page 15, by striking lines 16 through 20 and
47 inserting the following: "through the single entry
48 point process. For the purposes of this chapter,
49 "single entry point process" means the same as defined
50 in section 331.440."
Page 6
1 33. Page 16, by striking lines 4 through 12 and
2 inserting the following:
3 "b. The per diem costs billed to each county shall
4 not exceed the per diem costs in effect on July 1,
5 1988 billed to the county in the fiscal year
beginning
6 July 1, 1996. However, the per diem costs billed to
a
7 county may be adjusted annually to reflect increased
8 costs to the extent of the adjustment in the
consumer
9 price index published annually in the federal register
10 by the federal department of labor, bureau of labor
11 statistics percentage increase in the total of
county
12 fixed budgets pursuant to the allowed growth factor
13 adjustment authorized by the general assembly for the
14 fiscal year in accordance with section 331.439.
15 Sec. ___. EFFECTIVE DATE. Section 230.20,
16 subsection 2, paragraph "b", Code Supplement 1995, as
17 amended by this division of this Act, takes effect
18 July 1, 1997."
19 34. Page 16, by striking lines 16 through 30 and
20 inserting the following:
21 "Sec. ___. Section 230A.13, unnumbered paragraph
22 2, Code 1995, is amended to read as follows:
23 Release of administrative and diagnostic
24 information which would identify, as defined in
25 section 228.1, subsections 1 and 3, and demographic
26 information necessary for aggregated reporting to meet
27 the data requirements established by the department of
28 human services, division of mental health and
29 developmental disabilities, relating to an individual
30 who is receiving or has received treatment at
receives
31 services from a community mental health center shall
32 not through the applicable single entry point
process,
33 may be made a condition of support of that center by
34 any county under this section. Section 331.504,
35 subsection 8 notwithstanding, a community mental
36 health center shall not be required to file a claim
37 which would in any manner identify such an individual,
38 if the center's budget has been approved by the county
39 board under this section and the center is in
40 compliance with section 230A.16, subsection 3."
41 35. Page 17, line 21, by striking the words
42 "appropriate and" and inserting the following:
43 "appropriate".
44 36. Page 17, by striking lines 22 through 33 and
45 inserting the following: "The department's goal for
46 the maximum time period for submission of a claim to a
47 county is not more than sixty days following the
48 submission of the claim by the provider of the service
49 to the department. The department's goal for
50 completion and crediting of a county for cost
Page 7
1 settlement for the actual costs of a home and
2 community-based waiver service is within two hundred
3 seventy days of the close of a fiscal year for which
4 cost reports are due from providers. The department
5 shall".
6 37. By striking page 18, line 5 through page 19,
7 line 21 and inserting the following:
8 "NEW SUBSECTION. 5. a. The state-county
9 management committee shall recommend to the department
10 the actions necessary to assist in the transition of
11 individuals being served in an intermediate care
12 facility for the mentally retarded, who are
13 appropriate for the transition, to services funded
14 under a medical assistance waiver for home and
15 community-based services for persons with mental
16 retardation in a manner which maximizes the use of
17 existing public and private facilities. The actions
18 may include but are not limited to submitting any of
19 the following or a combination of any of the following
20 as a request for a revision of the medical assistance
21 waiver for home and community-based services for
22 persons with mental retardation in effect as of June
23 30, 1996:
24 (1) Allow for the transition of intermediate care
25 facilities for the mentally retarded licensed under
26 chapter 135C as of June 30, 1996, to services funded
27 under the medical assistance waiver for home and
28 community-based services for persons with mental
29 retardation. The request shall be for inclusion of
30 additional persons under the waiver associated with
31 the transition.
32 (2) Allow for reimbursement under the waiver for
33 day program or other service costs.
34 (3) Allow for exception provisions in which an
35 intermediate care facility for the mentally retarded
36 which does not meet size and other facility-related
37 requirements under the waiver in effect on June 30,
38 1996, may convert to a waiver service for a set period
39 of time such as five years. Following the set period
40 of time, the facility would be subject to the waiver
41 requirements applicable to services which were not
42 operating under the exception provisions.
43 b. In implementing the provisions of this
44 subsection, the state-county management committee
45 shall consult with other states. The waiver revision
46 request or other action necessary to assist in the
47 transition of service provision from intermediate care
48 facilities for the mentally retarded to alternative
49 programs shall be implemented by the department in a
50 manner that can appropriately meet the needs of
Page 8
1 individuals at an overall lower cost to counties, the
2 federal government, and the state. In addition, the
3 department shall take into consideration significant
4 federal changes to the medical assistance program in
5 formulating the department's actions under this
6 subsection. The department shall consult with the
7 state-county management committee in adopting rules
8 for oversight of facilities converted pursuant to this
9 subsection. A transition approach described in
10 paragraph "a" may be modified as necessary to obtain
11 federal waiver approval. The department shall report
12 on or before January 2, 1997, to the general assembly
13 regarding its actions under this subsection and any
14 federal response, and shall submit an update upon
15 receiving a federal response to the waiver request or
16 other action taken which requires a federal response.
17 If implementation of any of the provisions of this
18 subsection does not require a federal waiver, the
19 department shall implement the provisions in the
20 fiscal year beginning July 1, 1996."
21 38. Page 20, by striking lines 3 through 7 and
22 inserting the following: "ill. To the maximum extent
23 allowed under federal law and regulations, the
24 department shall consult with and inform a county of
25 legal settlement's single entry point process, as
26 defined in section 331.440, regarding the necessity
27 for and the provision of any service for which the
28 county is required to provide reimbursement under this
29 subsection.
30 3. To the maximum extent allowed under federal law
31 and regulations, a person with mental illness or
32 mental retardation shall not be eligible for any
33 service which is funded in whole or in part by a
34 county share of the nonfederal portion of medical
35 assistance funds unless the person is referred through
36 the single entry point process, as defined in section
37 331.440. However, to the extent federal law allows
38 referral of a medical assistance recipient to a
39 service without approval of the single entry point
40 process, the county of legal settlement shall be
41 billed for the nonfederal share of costs for any adult
42 person for whom the county would otherwise be
43 responsible."
44 39. Page 21, by inserting after line 33 the
45 following:
46 "Sec. ___. Section 331.440, Code Supplement 1995,
47 is amended by adding the following new subsection:
48 NEW SUBSECTION. 2A. An application for services
49 may be made through the single entry point process of
50 a person's county of residence. However, if a person
Page 9
1 who is subject to a single entry point process has
2 legal settlement in another county or the costs of
3 services or other support provided to the person are
4 the financial responsibility of the state, an
5 authorization through the single entry point process
6 shall be coordinated with the person's county of legal
7 settlement or with the state, as applicable. The
8 county of residence and county of legal settlement of
9 a person subject to a single entry point process may
10 mutually agree that the single entry point process
11 functions shall be performed by the single entry point
12 process of the person's county of legal settlement."
13 40. Page 21, by inserting after line 33 the
14 following:
15 "Sec. ___. MEDICAL ASSISTANCE CLAIMS AND COST
16 SETTLEMENT. The department of human services shall
17 formulate a work group which includes representatives
18 of counties designated by the Iowa state association
19 of counties in developing a course of action to meet
20 the goals for submission of claims and completion of
21 cost settlement under section 249A.12, subsection 2,
22 as amended by this Act. A report which includes data
23 describing the conditions which cause the goal time
24 frames to be exceeded, other conditions associated
25 with billings and payments, and options to address the
26 problems identified shall be submitted to the governor
27 and general assembly on or before December 16, 1996.
28 The options may include possible sanctions for failure
29 to meet the time frames."
30 41. Page 22, by striking lines 2 through 11.
31 42. By renumbering, relettering, or redesignating
32 and correcting internal references as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-5916.
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. 2427)
The ayes were, 96:
Arnold Baker Bell Bernau Blodgett
Boddicker Boggess Bradley Branstad
Brauns Brunkhorst Burnett Carroll
Cataldo Churchill Cohoon Connors
Coon Corbett, Spkr. Cormack Daggett
Dinkla Disney Doderer Drake Drees
Eddie Ertl Fallon Garman
Gipp Greig Greiner Grubbs
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
Schrader Schulte Shoultz Siegrist Sukup
Taylor Teig Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Wise Witt Grundberg, Presiding
The nays were, none.
Absent or not voting, 4:
Brammer Brand Gries Salton
Speaker pro tempore Van Maanen of Marion in the chair at 10:30
a.m.
Grubbs of Scott called up for consideration House File 570, a
bill for an act relating to funding for and the name of the
national center for talented and gifted education and making an
appropriation, amended by the Senate amendment H-5920 as follows:
H-5920
1 Amend House File 570, as amended, passed, and
2 reprinted by the House, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. Section 257B.1A, subsections 2 and 3,
6 Code Supplement 1995, are amended to read as follows:
7 2. For a transfer of moneys from the interest for
8 Iowa schools fund to the first in the nation in
9 education foundation, prior to July 1, October 1,
10 January 1, and March 1 of each year, the governing
11 board of the first in the nation in education
12 foundation established in section 257A.2 shall certify
13 to the treasurer of state the cumulative total value
14 of contributions received under section 257A.7 for
15 deposit in the first in the nation in education fund
16 and for the use of the foundation. The cumulative
17 total value of contributions received includes the
18 value of the amount deposited in the national center
19 endowment fund established in section 263.8A in excess
20 of eight hundred seventy-five thousand dollars. The
21 value of in-kind contributions shall be based upon the
22 fair market value of the contribution determined for
23 income tax purposes.
24 The portion of the interest for Iowa schools fund
25 that is equal to the cumulative total value of
26 contributions, less the portion of the interest for
27 Iowa schools fund dedicated to the national
28 international center for gifted and talented
29 education, is dedicated to the first in the nation in
30 education foundation for that year. The interest
31 earned on this dedicated amount shall be transferred
32 by the treasurer of state to the credit of the first
33 in the nation in education foundation.
34 3. For a transfer of moneys from the interest for
35 Iowa schools fund to the national international
center
36 endowment fund established in section 263.8A, prior to
37 July 1, October 1, January 1, and March 1 of each
38 year, the state university of Iowa shall certify to
39 the treasurer of state the cumulative total value of
40 contributions received and deposited in the national
41 international center endowment fund. Within fifteen
42 days following certification by the state university
43 of Iowa, the treasurer of state shall transfer from
44 the interest for Iowa schools fund to the national
45 international center an amount equal to one-half the
46 cumulative total value of the contributions deposited
47 in the national international center endowment fund,
48 not to exceed eight hundred seventy-five thousand
49 dollars. In addition, if the cumulative total value
50 of contributions deposited in the international center
Page 2
1 endowment fund between July 1, 1995, and June 30,
2 1999, equals or exceeds one million three hundred
3 fifty thousand dollars, effective July 1, 1999, the
4 portion of the interest for Iowa schools fund used to
5 determine the dedicated amount of interest earned for
6 a year shall also equal one-half that total, not to
7 exceed six hundred seventy-five thousand dollars.
8 However, if, prior to July 1, 1999, the general
9 assembly appropriates moneys for the international
10 center endowment fund established in section 263.8A in
11 an aggregate amount equal to eight hundred seventy-
12 five thousand dollars, the transfer of the interest
13 earned based upon the cumulative value of
14 contributions equal to one million seven hundred fifty
15 thousand dollars deposited in the international center
16 endowment fund on July 1, 1996, is no longer required
17 under this section. If, on or after July 1, 1999, the
18 general assembly appropriates moneys for the
19 international center endowment fund in an aggregate
20 amount equal to six hundred seventy-five thousand
21 dollars, the transfer of interest earned based upon
22 the cumulative value of contributions equal to one
23 million three hundred fifty thousand dollars deposited
24 in the international center endowment fund between
25 July 1, 1996, and June 30, 1999, is no longer required
26 under this section.
27 Sec. 2. Section 257B.1A, Code Supplement 1995, is
28 amended by adding the following new subsection:
29 NEW SUBSECTION. 4. Until the appropriations
30 specified in subsection 3 have been made by the
31 general assembly, fifty percent of the portion of the
32 interest on the interest for Iowa schools fund
33 remaining after the total of the transfer of moneys to
34 the first in the nation in education foundation
35 pursuant to subsection 2 and the transfer of moneys to
36 the international center endowment fund in subsection
37 3 shall in addition be transferred to the
38 international center endowment fund and the remaining
39 fifty percent shall become a part of the interest for
40 Iowa schools fund.
41 Sec. 3. Section 263.8A, Code 1995, is amended to
42 read as follows:
43 263.8A NATIONAL INTERNATIONAL CENTER FOR TALENTED
44 AND GIFTED EDUCATION.
45 The state board of regents shall establish and
46 maintain at Iowa City as an integral part of the state
47 university of Iowa the national international center
48 for talented and gifted education. The national
49 international center shall provide programs to assist
50 classroom teachers to teach gifted and talented
Page 3
1 students in regular classrooms, provide programs to
2 enhance the learning experiences of gifted and
3 talented students, serve as a center for national and
4 international symposiums and policy forums for
5 enhancing the teaching of gifted and talented
6 students, and undertake other appropriate activities
7 to enhance the programs of the center, including, but
8 not limited to, coordinating and working with the
9 world council for gifted and talented children,
10 incorporated.
11 A national An international center endowment fund
12 is established at the state university of Iowa and
13 gifts and grants to the national international
center
14 and investment earnings and returns on the endowment
15 fund shall be deposited in the fund and interest
16 earned on moneys in the fund may be expended by the
17 state university of Iowa for the purposes for which
18 the national international center was established."
19 2. Title page, by striking lines 1 through 3 and
20 inserting the following: "An Act relating to funding
21 for a talented and gifted education center at the
22 university of Iowa and naming of that center as an
23 international center."
Grubbs of Scott offered the following amendment H-5923, to the
Senate amendment H-5920 filed by him and moved its adoption:
H-5923
1 Amend the Senate amendment, H-5920, to House File
2 570, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, line 24, by striking the words
5 "interest for Iowa schools" and inserting the
6 following: "interest for Iowa schools permanent
7 school".
8 2. Page 1, lines 26 and 27, by striking the words
9 ""interest for Iowa schools" and inserting the
10 following: "interest for Iowa schools permanent
11 school".
12 3. Page 1, line 34, by inserting after the figure
13 "3." the following: "a.".
14 4. Page 1, line 45, by inserting after the word
15 "amount" the following: "equal to the amount of
16 interest earned on the portion of the permanent school
17 fund that is".
18 5. By striking page 1, line 49, through page 2,
19 line 7, and inserting the following: "dollars."
20 6. Page 2, by striking line 8 and inserting the
21 following:
22 "b. However, if prior to July 1, 1998, the
23 general".
24 7. Page 2, line 16, by striking the figure "1996"
25 and inserting the following: "1995".
26 8. Page 2, line 17, by striking the figure "1999"
27 and inserting the following: "1998".
28 9. Page 2, line 25, by striking the words and
29 figures "1996, and June 30, 1999," and inserting the
30 following: "1995, and June 30, 1998,".
31 10. Page 2, line 28, by striking the word
32 "subsection" and inserting the following:
33 "subsections".
34 11. Page 2, line 29, by striking the words "Until
35 the appropriations" and inserting the following: "In
36 addition to the moneys transferred pursuant to
37 subsection 3, paragraph "a", effective on the date on
38 which the cumulative total value of contributions
39 deposited in the international center endowment fund
40 between July 1, 1995, and June 30, 1998, equals or
41 exceeds one million three hundred fifty thousand
42 dollars, and annually thereafter, the treasurer of
43 state shall transfer moneys from the interest for Iowa
44 schools fund to the international center endowment
45 fund in an amount equal to the interest earned on six
46 hundred seventy-five thousand dollars in the permanent
47 school fund.
48 NEW SUBSECTION. 5. Until the appropriations".
49 12. Page 2, line 30, by inserting after the
50 figure "3" the following: ", paragraph "b",".
Page 2
1 13. Page 2, lines 31 and 32, by striking the
2 words "portion of the interest on" and inserting the
3 following: "interest remaining in".
4 14. Page 2, line 33, by striking the word
5 "remaining".
6 15. Page 2, line 35, by inserting after the word
7 "and" the following: "after".
8 16. Page 2, line 37, by striking the words "shall
9 in addition" and inserting the following: ",
10 paragraph "a", shall, in addition,".
11 17. Page 3, line 20, by striking the word
12 "funding" and inserting the following: "transfers of
13 moneys from the interest for Iowa schools fund,
14 renaming the center for gifted and talented education,
15 and providing for properly related matters."
16 18. Page 3, by striking lines 21 through 23.
17 19. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 54, nays 20.
Amendment H-5923 was adopted.
On motion by Grubbs of Scott, the House concurred in the Senate
amendment H-5920, as amended.
Grubbs of Scott moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 570)
The ayes were, 73:
Arnold Bell Blodgett Boddicker
Boggess Bradley Branstad Brauns
Brunkhorst Burnett Carroll Churchill Coon
Corbett, Spkr. Cormack Daggett Dinkla
Disney Doderer Drake Eddie
Ertl Garman Gipp Greig
Greiner Gries Grubbs
Grundberg Hahn Halvorson Hammitt Barry
Hanson Harrison Heaton Houser
Hurley Huseman Jacobs Klemme
Koenigs Kreiman Kremer Lamberti
Larson Lord Main Martin
Mascher May Mertz Metcalf
Meyer Millage Mundie Myers
Nelson, B. Nutt Osterhaus Rants
Renken Schulte Siegrist Sukup
Teig Thomson Tyrrell Van Fossen Vande
Hoef Veenstra Weidman Welter Van
Maanen,
Presiding
The nays were, 24:
Baker Bernau Cataldo Cohoon
Connors Drees Fallon Harper
Holveck Jochum Larkin McCoy
Moreland Murphy Nelson, L. O'Brien
Ollie Schrader Shoultz Taylor
Warnstadt Weigel Wise Witt
Absent or not voting, 3:
Brammer Brand Salton
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Rants of Woodbury asked and received unanimous consent that
House File 570 be immediately messaged to the Senate.
RULES SUSPENDED
Rants of Woodbury asked and received unanimous consent to
suspend the rules for immediate consideration of Senate File
2157.
Unfinished Business Calendar
The House resumed consideration of Senate File 2157, a bill for
an act relating to the duties of the college student aid
commission in administering the Iowa guaranteed loan program,
creating a chiropractic loan revolving fund, and providing for
matters related to the chiropractic graduate student forgivable
loan program, previously deferred and placed on the unfinished
business calendar.
Rants of Woodbury offered the following amendment H-5865 filed
by him and moved its adoption:
H-5865
1 Amend Senate File 2157, as passed by the Senate, as
2 follows:
3 1. Page 2, by inserting after line 24 the
4 following:
5 "Sec. ___. Section 261B.2, subsection 1, Code
6 1995, is amended to read as follows:
7 1. "Degree" means a postsecondary credential
8 conferring on the recipient the title or symbol
which
9 signifies or purports to signify completion of the
10 requirements of an academic, educational, or
11 professional program of study beyond the secondary
12 school level of associate, bachelor, master, or
13 doctor, or an equivalent title, signifying educational
14 attainment based on any one or a combination of study
15 or the equivalent experience or achievement testing.
16 A postsecondary degree under this chapter shall not
17 include an honorary degree or other unearned degree.
18 Sec. ___. Section 261B.2, Code 1995, is amended by
19 adding the following new subsection:
20 NEW SUBSECTION. 1A. "Presence" means maintaining
21 an address within Iowa.
22 Sec. ___. Section 261B.3, Code 1995, is amended to
23 read as follows:
24 261B.3 REGISTRATION.
25 1. A school that maintains or conducts one or more
26 courses of instruction, including courses of
27 instruction by correspondence, offered in this state
28 or which has a presence in this state and offers
29 courses in other states or foreign countries shall
30 register annually with the secretary. Registration
31 shall be made on application forms approved and
32 supplied by the secretary and at the time and in the
33 manner prescribed by the secretary. Upon receipt of a
34 complete and accurate registration application, the
35 secretary shall issue a certificate of registration
an
36 acknowledgment of document filed and send it to the
37 school.
38 2. The secretary may request additional
39 information as necessary to enable the secretary to
40 determine the accuracy and completeness of the
41 information contained in the registration application.
42 If the secretary believes that false, misleading, or
43 incomplete information has been submitted in
44 connection with an application for registration, the
45 secretary may deny registration. The secretary shall
46 conduct a hearing on the denial if a hearing is
47 requested by a school. The secretary may withhold a
48 certificate of registration an acknowledgment of
49 document filed pending the outcome of the hearing.
50 Upon a finding after the hearing that information
Page 2
1 contained in the registration application is false,
2 misleading, or incomplete, the secretary shall deny a
3 certificate of registration an acknowledgment of
4 document filed to the school. The secretary shall
5 make the final decision on each registration. The
6 However, the decision of the secretary is subject to
7 judicial review in accordance with section 17A.19.
8 3. The secretary shall utilize the advisory
9 committee created in section 261B.10 in reviewing new
10 and continuing registrations.
11 4. The secretary shall adopt rules under chapter
12 17A for the implementation of this chapter.
13 Sec. ___. NEW SECTION. 261B.3A REQUIREMENT.
14 A school offering courses or programs of study
15 leading to a degree in the state of Iowa shall be
16 accredited by an agency or organization approved or
17 recognized by the United States department of
18 education or a successor agency and be approved for
19 operation by the appropriate state agencies in all
20 other states in which it operates or maintains a
21 presence. A school is exempt from this section if the
22 programs offered by the school are limited to
23 nondegree specialty vocational training programs.
24 Sec. ___. Section 261B.4, subsections 2 and 11,
25 Code 1995, are amended to read as follows:
26 2. The principal location of the school in this
27 state, in other states, and in foreign countries, and
28 the location of the place or places in this state, in
29 other states, and in foreign countries where
30 instruction is likely to be given.
31 11. The names or titles and a description of the
32 courses and degrees to be offered in this state.
33 Sec. ___. Section 261B.4, Code 1995, is amended by
34 adding the following new subsection:
35 NEW SUBSECTION. 13. The academic and
36 instructional methodologies and delivery systems to be
37 used by the school and the extent to which the school
38 anticipates each methodology and delivery system will
39 be used, including but not limited to, classroom
40 instruction, correspondence, electronic
41 telecommunications, independent study, and portfolio
42 experience evaluation.
43 Sec. ___. Section 261B.8, Code 1995, is amended to
44 read as follows:
45 261B.8 REGISTRATION FEES.
46 The secretary shall collect an initial registration
47 fee of fifty one thousand dollars and an annual
48 renewal of registration fee of twenty-five five
49 hundred dollars from each registered school.
50 Sec. ___. Section 261B.10, Code 1995, is amended
Page 3
1 to read as follows:
2 261B.10 ADVISORY COMMITTEE.
3 The state advisory committee for postsecondary
4 school registration is created. The committee shall
5 consist of the secretary of state and seven members
6 appointed by the coordinating council for post-high
7 school education. Members shall serve for staggered
8 four-year terms and shall include representatives from
9 public and private two-year and four-year colleges,
10 universities, and specialized and vocational schools.
11 The committee shall meet at least annually to
12 advise the secretary and other agencies in matters
13 relating to the administration of this chapter and to
14 serve as a resource and advisory board to the
15 secretary as needed. The secretary shall serve as
16 chairperson of the advisory committee and may call
17 meetings and set the agenda as needed.
18 Sec. ___. Section 261B.11, Code 1995, is amended
19 by adding the following new subsections:
20 NEW SUBSECTION. 9. Postsecondary educational
21 institutions licensed by the state of Iowa to conduct
22 business in the state.
23 NEW SUBSECTION. 10. Accredited higher education
24 institutions that meet the criteria established under
25 section 261.92, subsection 1."
26 2. Title page, line 1, by inserting after the
27 word "to" the following: "postsecondary educational
28 programs,".
29 3. Title page, line 3, by striking the word
30 "and".
31 4. Title page, line 5, by inserting after the
32 word "program" the following: ", modifying the
33 registration requirements for postsecondary schools,
34 and increasing registration fees".
35 5. By renumbering as necessary.
Amendment H-5865 was adopted.
Rants 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. 2157)
The ayes were, 94:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Corbett, Spkr. Cormack
Daggett Dinkla Disney Doderer
Drake Drees Eddie Ertl
Fallon Garman Greig Greiner
Gries Grubbs Grundberg Hahn
Halvorson Hammitt Barry Hanson Harper
Harrison 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
Osterhaus Rants Renken Schrader
Schulte Shoultz Siegrist Sukup
Taylor Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Wise
Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 6:
Brammer Brand Gipp Heaton
Martin Salton
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House File 2427 and Senate Files 2154 and 2157.
SENATE AMENDMENT CONSIDERED
Dinkla of Guthrie called up for consideration House File 569, a
bill for an act relating to the motor vehicle leasing tax and
providing an applicability provision, amended by the Senate, and
moved that the House concur in the following Senate amendment
H-5921:
H-5921
1 Amend House File 569, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 3, line 6, by inserting after the word
4 "Code" the following: "Supplement".
5 2. Page 3, by striking line 12 and inserting the
6 following: "into on or after January 1, 1997."
The motion prevailed and the House concurred in the Senate
amendment H-5921.
Dinkla of Guthrie 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. 569)
The ayes were, 88:
Arnold Bell Bernau Blodgett
Boddicker Boggess Bradley Branstad
Brauns Brunkhorst Burnett Carroll
Cataldo Churchill Cohoon Connors
Coon Corbett, Spkr. Cormack Daggett
Dinkla Disney Doderer Drake
Drees Eddie Fallon Garman
Greig Greiner Gries Grubbs
Grundberg Hahn Hammitt Barry Hanson
Harper Harrison Holveck Houser
Hurley Huseman Jacobs Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Main
Mascher May Mertz Metcalf
Meyer Millage Moreland Mundie
Myers Nelson, B. Nelson, L. Nutt
O'Brien Ollie Osterhaus Rants
Renken Schrader Schulte Shoultz
Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen Vande
Hoef Veenstra Warnstadt Weidman Weigel
Welter Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 12:
Baker Brammer Brand Ertl
Gipp Halvorson Heaton Jochum
Martin McCoy Murphy Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Rule 76 invoked: McCoy of Polk invoked Rule 76, conflict of
interest, on House File 569.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 569 be immediately messaged to the Senate
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 11, 1996, amended and passed the
following bill in which the concurrence of the House is asked:
House File 2050, a bill for an act relating to selection
criteria preferences in the placement of children for adoption
by or through the department of human services.
Also: That the Senate has on April 11, 1996, receded from the
Senate amendment to, and passed the following bill in which the
concurrence of the Senate was asked:
House File 2390, a bill for an act providing for the branding of
livestock.
Also: That the Senate has on April 11, 1996, concurred in the
House amendment to the Senate amendment, and passed the
following bill in which the concurrence of the Senate was asked:
House File 2419, a bill for an act relating to transportation by
granting the state department of transportation condemnation
rights for utility facility replacement, requiring sixty day
property payments, requiring certain criteria be adopted by
administrative rule, modifying certain damage disclosure
statement requirements, providing for entry onto private
property for sounding and drilling, exempting operators of
trucks hauling cement from certain regulations, and relating to
the disposal of abandoned vehicles, and providing for release of
retained funds for public improvements.
Also: That the Senate has on April 11, 1996, passed the
following bill in which the concurrence of the Senate was asked:
House File 2422, a bill for an act relating to state sales and
services tax exemption for sales or services rendered,
furnished, or performed by state and county fairs.
Also: That the Senate has on April 11, 1996, passed the
following bill in which the concurrence of the Senate was asked:
House File 2488, a bill for an act relating to special census
certification and providing an effective date.
Also: That the Senate has on April 11, 1996, receded from the
Senate amendment to the House amendment, and passed the
following bill in which the concurrence of the Senate was asked:
Senate File 259, a bill for an act relating to the practice of
mortuary science, cremation, and licensing of funeral
establishments and providing penalties.
Also: That the Senate has on April 11, 1996, receded from the
Senate amendment to the House amendment, and passed the
following bill in which the concurrence of the Senate was asked:
Senate File 2085, a bill for an act relating to handicapped
parking and providing a penalty.
Also: That the Senate has on April 11, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2467, a bill for an act increasing the nonpublic
school tax credit and eliminating the nonpublic school tax
deduction for amounts paid for tuition and textbooks for
nonpublic elementary and secondary schools under the state
individual income tax and providing effective and applicability
date provisions.
Also: That the Senate has on April 11, 1996, adopted the
following resolution in which the concurrence of the House is
asked:
Senate Concurrent Resolution 118, a concurrent resolution
recognizing the outstanding work of the employees of the
Division of Vocational Rehabilitation Services of the Department
of Education and commemorating the 75th anniversary of
vocational rehabilitation services in Iowa.
JOHN F. DWYER, Secretary
On motion by Siegrist of Pottawattamie, the House was recessed
at 11:32 a.m., until 1:30 p.m.
AFTERNOON SESSION
The House reconvened at 1:30 p.m., Speaker Corbett in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-three members present,
twenty-seven absent.
RULES SUSPENDED
Gipp of Winneshiek asked and received unanimous consent to
suspend the rules for immediate consideration of House File 2494.
CONSIDERATION OF BILLS
Ways and Means Calendar
House File 2494, a bill for an act authorizing counties to
impose additional civil court fees for use for county courthouse
libraries, was taken up for consideration.
Rants of Woodbury in the chair at 1:40 p.m.
Millage of Scott offered the following amendment H-5886 filed by
him and moved its adoption:
H-5886
1 Amend House File 2494 as follows:
2 1. Page 1, by inserting after line 21 the
3 following:
4 "Sec. ___. EFFECTIVE DATE. This Act, being deemed
5 of immediate importance, takes effect upon enactment."
6 2. Title page, line 2, by inserting after the
7 word "libraries" the following: "and providing an
8 effective date".
9 3. By renumbering as necessary.
Amendment H-5886 was adopted.
Van Fossen of Scott moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2494)
The ayes were, 64:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst Carroll
Cataldo Churchill Coon Corbett,
Spkr. Cormack Daggett Dinkla Disney
Drees Eddie Ertl Gipp
Greig Gries Grubbs Hahn
Halvorson Hanson Harrison Heaton
Houser Hurley Huseman Jacobs
Kremer Lamberti Larkin Larson
Lord Mascher May McCoy
Mertz Meyer Millage Moreland
Murphy Myers Nelson, B. Nutt
O'Brien Osterhaus Schrader Schulte
Siegrist Sukup Teig Tyrrell
Van Fossen Van Maanen Veenstra Weidman
Welter Wise Rants, Presiding
The nays were, 30:
Bell Bernau Brammer Burnett
Cohoon Connors Doderer Drake
Fallon Garman Greiner Grundberg
Hammitt Barry Harper Holveck Jochum
Klemme Koenigs Kreiman Main
Metcalf Mundie Nelson, L. Renken
Shoultz Taylor Vande Hoef Warnstadt
Weigel Witt
Absent or not voting, 6:
Baker Brand Martin Ollie
Salton Thomson
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 2494 be immediately messaged to the Senate.
RULES SUSPENDED
Gipp of Winneshiek asked and received unanimous consent to
suspend the rules for immediate consideration of Senate File
2453.
Regular Calendar
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, with report of
committee recommending passage, was taken up for consideration.
Kremer of Buchanan 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. 2453)
The ayes were, 91:
Arnold Bell Bernau Blodgett
Boddicker Boggess Brammer Branstad
Brunkhorst Burnett Cataldo Churchill
Cohoon Connors Coon Corbett, Spkr.
Cormack Daggett Dinkla 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 Osterhaus
Renken Schrader Schulte
Shoultz Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Warnstadt Weigel
Welter Wise Witt Rants,
Presiding
The nays were, none.
Absent or not voting, 9:
Baker Bradley Brand Brauns
Carroll Disney Ollie Salton
Weidman
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
Senate File 2453 be immediately messaged to the Senate.
RULES SUSPENDED
Gipp of Winneshiek asked and received unanimous consent to
suspend the rules for immediate consideration of Senate File
2464.
Appropriations Calendar
Senate File 2464, a bill for an act relating to housing
development, including tax increment financing, providing for
the assessment of certain property for tax purposes, and
providing an effective date, with report of committee
recommending passage, was taken up for consideration.
The House stood at ease at 2:24 p.m., until the fall of the
gavel.
The House resumed session at 3:30 p.m., Rants of Woodbury in the
chair.
Jacobs of Polk offered amendment H-5896 filed by the committee
on appropriations as follows:
H-5896
1 Amend Senate File 2464, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 4, by inserting after line 34 the
4 following:
5 "Sec. ___. NEW SECTION. 358C.24 DISCLOSURE OF
6 SPECIAL ASSESSMENT.
7 The seller of property in a real estate improvement
8 district or a person acting on behalf of a seller
9 shall disclose the amount of any special assessment
10 under this chapter against the property during
11 negotiations for the sale of the property."
12 2. Page 12, line 7, by striking the words
13 "twenty-five" and inserting the following: "ten".
14 3. Page 12, by striking lines 9 through 17 and
15 inserting the following:
16 "For a municipality with a population of fifteen
17 thousand or less, the amount to be provided for low
18 and moderate income family housing shall be the same
19 as for a municipality of over fifteen thousand in
20 population, except that a municipality of fifteen
21 thousand or less in population is not subject to the
22 requirement to provide not less than an amount equal
23 to ten percent of the original project cost for low
24 and moderate income family housing."
25 4. Page 13, by inserting after line 26 the
26 following:
27 "6. A municipality shall not prohibit or restrict
28 the construction of manufactured homes in any project
29 for which public improvements were finalized under
30 this section. As used in this subsection,
31 "manufactured home" means the same as under section
32 435.1, subsection 2."
33 5. By striking page 13, line 27, through page 19,
34 line 2.
35 6. Page 21, by inserting after line 29 the
36 following:
37 "Sec. ___. NEW SECTION. 446.19A PURCHASE BY
38 COUNTY OR CITY FOR LOW OR MODERATE INCOME HOUSING.
39 Notwithstanding section 446.18, a city or county
40 may purchase abandoned property assessed as
41 residential or commercial multifamily housing which
42 did not sell at an annual tax sale under section 446.7
43 for the total amount due. Money shall not be paid by
44 the county or other tax-levying or tax-certifying body
45 for the purchase, but each of the tax-levying and tax-
46 certifying bodies having any interest in the taxes
47 shall be charged with the total amount due the tax-
48 levying or tax-certifying body as its just share of
49 the purchase price. Prior to the purchase the city or
50 county shall file with the county treasurer a verified
Page 2
1 statement that a parcel to be purchased is abandoned
2 and deteriorating in condition or is, or is likely to
3 become, a public nuisance, and that the parcel is
4 suitable for use for low or moderate income housing
5 following rehabilitation.
6 The city or county may sell the certificate of
7 purchase. Preference shall be given to purchasers who
8 are low or moderate income families or organizations
9 which assist low and moderate income families to
10 obtain housing. For the purpose of this section, "low
11 or moderate income families" has the same meaning as
12 in section 403.17. All persons who purchase
13 certificates under this section shall demonstrate the
14 intent to rehabilitate the property for habitation if
15 the property is not redeemed. In the alternative, the
16 county may, if title to the property has vested in the
17 county under section 447.9, dispose of the property in
18 accordance with section 331.361."
19 7. By striking page 21, line 35, through page 24,
20 line 13, and inserting the following:
21 "Sec. ___. Section 16.100, Code 1995, is amended
22 by adding the following new subsection:
23 NEW SUBSECTION. 1A. a. Moneys transferred to the
24 housing improvement fund pursuant to section 428A.8,
25 subsection 1, paragraph "b", shall be distributed, on
26 a per capita basis according to the 1990 federal
27 census, to each county.
28 b. In order to receive moneys under this
29 subsection, a county shall be a member of a housing
30 council. The housing council shall consist of the
31 supervisors of the county and the mayor of each city
32 in the county, or their designees. A housing council
33 may represent more than one county and the cities
34 within each county and may be an entity formed under
35 chapter 28E or an entity under chapter 28H.
36 c. The function of the housing council shall be to
37 coordinate housing programs in the county including
38 having housing needs assessments completed if not
39 already done, developing or coordinating a housing
40 plan approved by the department of economic
41 development, encouraging the formation of partnerships
42 with other governmental entities and public-private
43 partnerships regarding housing, and recommending
44 funding for projects under the housing plan from
45 moneys received under this subsection.
46 d. Moneys received under this subsection shall
47 only be used for housing programs which facilitate
48 housing development, including housing trust funds or
49 programs for the rehabilitation or construction of
50 housing. The cost of the housing needs assessment may
Page 3
1 be paid from moneys received under this subsection.
2 Moneys not obligated for a project recommended by the
3 housing council within one year of transfer shall
4 revert to the general fund of the state.
5 e. Counties receiving moneys under this subsection
6 shall track the use of the funds by project, program,
7 or activity and shall provide a report to the
8 department of economic development and the Iowa
9 finance authority regarding the use of the funds by
10 December 15 of each year.
11 f. Moneys provided under this subsection shall not
12 be used to supplant funding for housing programs
13 provided by a city or county.
14 g. The authority shall adopt rules to administer
15 this subsection.
16 Sec. ___. Section 428A.8, Code 1995, is amended to
17 read as follows:
18 428A.8 REMITTANCE TO STATE TREASURER - PORTION
19 RETAINED IN COUNTY.
20 1. On or before the tenth day of each month the
21 county recorder shall determine and pay to the
22 treasurer of state eighty-two and three-fourths
23 percent of the receipts from the real estate transfer
24 tax collected during the preceding month and the
25 treasurer of state shall deposit ninety-five the
26 receipts as follows:
27 a. Twenty percent of the receipts in the
general
28 fund of the state and transfer five percent of the
29 receipts shall be transferred to the Iowa finance
30 authority for deposit in the housing improvement fund
31 created in section 16.100.
32 b. Of the remaining receipts, fifty percent shall
33 be deposited in the general fund of the state and
34 fifty percent shall be transferred to the Iowa finance
35 authority for deposit in the housing improvement fund
36 created in section 16.100 for the purposes of section
37 16.100, subsection 1A.
38 2. The county recorder shall deposit the remaining
39 seventeen and one-fourth percent of the receipts in
40 the county general fund.
41 3. The county recorder shall keep records and make
42 reports with respect to the real estate transfer tax
43 as the director of revenue and finance prescribes."
44 8. Page 24, by striking lines 33 and 34 and
45 inserting the following:
46 "1. The board of supervisors of a county with a
47 population of less than twenty thousand may adopt an
48 ordinance providing that property acquired and
49 subdivided for development of".
50 9. Page 25, by striking lines 7 and 8 and
Page 4
1 inserting the following:
2 "2. The board of supervisors of a county with a
3 population of twenty thousand or more may adopt an
4 ordinance providing that property acquired and
5 subdivided for development of".
6 10. Page 25, by striking lines 17 through 20 and
7 inserting the following:
8 "DIVISION 101
9 Sec. ___. Section 404.2, subsection 2, paragraph
10 f, unnumbered paragraph 1, Code 1995, is amended to
11 read as follows:
12 A statement specifying whether the revitalization
13 is applicable to none, some, or all of the property
14 assessed as residential, agricultural, commercial or
15 industrial property within the designated area or a
16 combination thereof and whether the revitalization is
17 for rehabilitation and additions to existing buildings
18 or new construction or both. If revitalization is
19 made applicable only to some property within an
20 assessment classification, the definition of that
21 subset of eligible property must be by uniform
22 criteria which further some planning objective
23 identified in the plan. The city shall state how long
24 it is estimated that the area shall remain a
25 designated revitalization area which time shall be
26 longer than one year from the date of designation and
27 shall state any plan by the city to issue revenue
28 bonds for revitalization projects within the area.
29 For a county, a revitalization area shall include only
30 property which will be used as industrial property
31 only.
32 Sec. ___. Section 404.2, subsection 6, Code 1995,
33 is amended to read as follows:
34 6. The city or county has adopted the proposed or
35 amended plan for the revitalization area after the
36 requisite number of hearings. The city or county may
37 subsequently amend this plan after a hearing. Notice
38 of the hearing shall be published as provided in
39 section 362.3 or 331.305, except that at least seven
40 days' notice must be given and the public hearing
41 shall not be held earlier than the next regularly
42 scheduled city council or board of supervisors meeting
43 following the published notice. A city which has
44 adopted a plan for a revitalization area which covers
45 all property within the city limits may amend that
46 plan at any time, pursuant to this section, to include
47 property which has been or will be annexed to the
48 city. The provisions of the original plan shall be
49 applicable to the property which is annexed and the
50 property shall be considered to have been part of the
Page 5
1 revitalization area as of the effective date of its
2 annexation to the city.
3 Sec. ___. Section 404.5, Code 1995, is amended by
4 adding the following new unnumbered paragraph:
5 NEW UNNUMBERED PARAGRAPH. For the purposes of this
6 section, the actual value of the property upon which
7 the value of improvements in the form of
8 rehabilitation or additions to existing structures
9 shall be determined shall be the lower of either the
10 amount listed on the assessment rolls in the
11 assessment year in which such improvements are first
12 begun or the price paid by the owner if the
13 improvements in the form of rehabilitation or
14 additions to existing structures were begun within one
15 year of the date the property was purchased and the
16 sale was a fair and reasonable exchange between a
17 willing buyer and a willing seller, neither being
18 under any compulsion to buy or sell and each being
19 familiar with all the facts relating to the particular
20 property.
21 Sec. ___. APPLICABILITY. This amendment in this
22 division to section 404.5 applies to tax exemptions
23 granted under chapter 404 for improvements to real
24 property first begun on or after January 1, 1995.
25 DIVISION 102
26 Sec. ___. EFFECTIVE DATES. Divisions I, II, and
27 101 of this Act, being deemed of immediate importance,
28 take effect upon enactment. Division V of this Act
29 takes effect July 1, 1997."
30 11. Title page, line 3, by striking the word
31 "date" and inserting the following: "and
32 applicability dates".
33 12. By renumbering as necessary.
McCoy of Polk offered the following amendment H-5930, to the
committee amendment H-5896, filed by him and Cataldo from the
floor and moved its adoption:
H-5930
1 Amend the amendment, H-5896, to Senate File 2464,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 2, line 25, by striking the word ", on".
5 2. Page 2, by striking lines 26 and 27 and
6 inserting the following: "to each county based on the
7 proportion of real estate transfer tax collected in
8 the county to the total amount of real estate transfer
9 tax collected in all counties."
Roll call was requested by McCoy of Polk and Fallon of Polk.
On the question "Shall amendment H-5930, to the committee
amendment H-5896, be adopted?" (S.F. 2464)
The ayes were, 20:
Baker Bernau Brammer Burnett
Cataldo Connors Doderer Fallon
Holveck Jochum Lamberti Mascher
McCoy Myers Nelson, L. Schrader
Shoultz Taylor Warnstadt Witt
The nays were, 70:
Arnold Bell Blodgett Boddicker
Boggess Bradley Branstad Brunkhorst
Carroll Cohoon Coon Corbett, Spkr.
Cormack Daggett Dinkla Disney
Drake Drees Eddie Ertl
Garman Greig Greiner Gries
Grubbs Hahn Halvorson Hammitt Barry
Hanson Harper Heaton Houser
Huseman Jacobs Klemme Koenigs
Kreiman Kremer Larkin Larson
Lord Main May Mertz
Metcalf Meyer Millage Moreland
Mundie Murphy Nelson, B. Nutt
O'Brien Osterhaus Renken
Schulte Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Weidman Weigel
Welter Wise Rants,
Presiding
Absent or not voting, 10:
Brand Brauns Churchill Gipp
Grundberg Harrison Hurley Martin
Ollie Salton
Amendment H-5930 lost.
Wise of Lee offered the following amendment H-5929, to the
committee amendment H-5896, filed by him and Jochum from the
floor and moved its adoption:
H-5929
1 Amend the amendment, H-5896, to Senate File 2464,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 3, line 27, by striking the word "Twenty"
5 and inserting the following: "Sixty".
6 2. Page 3, by striking lines 32 through 34 and
7 inserting the following:
8 "b. Forty percent of the receipts shall be
9 transferred to the Iowa finance".
Amendment H-5929 lost.
Jacobs of Polk offered the following amendment H-5924, to the
committee amendment H-5896, filed by her from the floor and
moved its adoption:
H-5924
1 Amend the amendment, H_5896, to Senate File 2464,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 3, by inserting after line 49 the
5 following:
6 " . Page 25, lines 1 and 2, by striking the
7 words "until a" and inserting the following: ". Each
8 lot shall continue to be taxed in the manner it was
9 prior to its acquisition for housing until the"."
10 2. Page 4, by inserting after line 5 the
11 following:
12 " . Page 25, lines 10 and 11, by striking the
13 words "until a" and inserting the following: ". Each
14 lot shall continue to be taxed in the manner it was
15 prior to its acquisition for housing until the"."
Amendment H-5924 was adopted.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2464 be deferred.
(The committee amendment H-5896 pending)
ADOPTION OF HOUSE RESOLUTION 105
Burnett of Story called up for consideration of House Resolution
105, a House resolution congratulating the Iowa State Cyclones
Men's Basketball Team, and moved its adoption.
The motion prevailed and the resolution was adopted.
SPECIAL PRESENTATION
Burnett of Story presented to the House, Iowa State Cyclones
Men's Basketball Coach, Tim Floyd who introduced each member of
the Iowa State Big 8 Conference Championship Basketball Team and
also members of his staff. Burnett of Story presented Coach
Floyd with House Resolution 105, previously adopted,
congratulating the team on its outstanding basketball season.
Coach Floyd addressed the House briefly and introduced Gene
Smith, Athletic Director of Iowa State University, Ames, who
also addressed the House.
The House rose and expressed its welcome and appreciation.
The House resumed consideration of Senate File 2464, a bill for
an act relating to housing development, including tax increment
financing, providing for the assessment of certain property for
tax purposes, and providing an effective date, previously
deferred and the committee amendment H-5896 pending.
Fallon of Polk offered the following amendment H-5938, to the
committee amendment H-5896, filed by him and Holveck from the
floor and moved its adoption:
H-5938
1 Amend the amendment, H-5896, to Senate File 2464,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking lines 25 through 32.
5 2. By renumbering as necessary.
Amendment H-5938 lost.
On motion by Jacobs of Polk, the committee amendment H-5896, as
amended, was adopted.
Weigel of Chickasaw offered the following amendment H-5926 filed
by him from the floor and moved its adoption:
H-5926
1 Amend Senate File 2464, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 12, line 1, by inserting after the word
4 "guidelines" the following: ", by limiting the tax
5 revenues to be deposited in the special fund from that
6 portion of the assessed value defined in section
7 403.19, subsection 2, of property assessed as
8 residential property, to the tax revenues from any
9 levy on the first two hundred thousand dollars of
10 improvements to each parcel of such residential
11 property. Any value of such property in excess of two
12 hundred thousand dollars shall be included in the
13 valuation defined in section 403.19, subsection 1,".
14 2. Page 12, line 1, by inserting after the word
15 "or" the following: "by providing".
Amendment H-5926 was adopted.
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. 2464)
The ayes were, 95:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Branstad Brunkhorst Burnett Carroll
Cataldo Churchill Cohoon Connors
Coon Corbett, Spkr. 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 Renken Schrader
Schulte Shoultz Siegrist Sukup
Taylor Teig Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter Wise
Witt Rants,
Presiding
The nays were, none.
Absent or not voting, 5:
Brammer Brand Brauns Hurley
Salton
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
Senate File 2464 be immediately messaged to the Senate.
ADOPTION OF THE REPORT OF THE
CONFERENCE COMMITTEE
(Senate File 2448)
Kremer of Buchanan called up for consideration the report of the
conference committee on Senate File 2448 and moved the adoption
of the conference committee report and the amendments contained
therein as follows:
REPORT OF THE CONFERENCE COMMITTEE
ON SENATE FILE 2448
To the President of the Senate and the Speaker of the House of
Representatives:
We, the undersigned members of the conference committee
appointed to resolve the differences between the Senate and the
House of Representatives on Senate File 2448, a bill for an Act
relating to and making appropriations to the department for the
blind, the Iowa state civil rights commission, the department of
elder affairs, the governor's alliance on substance abuse, the
Iowa department of public health, the department of human
rights, and the commission of veterans affairs, and providing an
immediate effective date, respectfully make the following report:
1. That the House recedes from its amendment, S-5622.
2. That Senate File 2448, as amended, passed, and reprinted by
the Senate, is amended as follows:
1. Page 1, by inserting after line 30 the following:
"A first-time violation detected during or as a result of random
testing to detect civil rights violations shall not result in
assessment of a fine over $500.00. The intent of civil rights
testing shall be educational. If this provision is determined
to be illegal or unconstitutional by a court of law, or if the
provision would in any way jeopardize a federal department of
housing and urban development grant to the commission, the
provision shall not apply.
The questionnaire which the Iowa state civil rights commission
requires an employer to complete during the course of an
investigation, after a complaint against the employer has been
filed, shall be revised and shortened."
2. Page 3, line 12, by striking the figure "29,552" and
inserting the following: "32,894".
3. Page 3, line 23, by striking the figure "2,200,738" and
inserting the following: "2,197,396".
4. Page 4, line 8, by striking the figure "50,000" and
inserting the following: "46,658".
5. Page 5, line 1, by striking the figure "997,900" and
inserting the following: "884,900".
6. Page 17, line 6, by striking the figure "1,065,000" and
inserting the following: "952,000".
7. Page 18, line 4, by striking the figure "735,000" and
inserting the following: "622,000".
8. Page 19, line 25, by striking the word "county" and
inserting the following: "county, as agreed upon by the county
board of supervisors and any boards of health within the
county,".
9. Page 19, by striking lines 28 through 30 and inserting the
following: "funds become available. The department shall
submit a report to the general assembly on or before January 2,
1997, which shall include an evaluation of the first year of the
voluntary demonstration project and a plan to expand statewide a
single source contract for each county beginning July 1, 1997.
The department may include other state and federal".
10. Page 21, by striking lines 12 through 17 and inserting the
following:
"6A. STATUS OF WOMEN DIVISION CONTINGENT APPROPRIATION.
If the general assembly does not enact a statute creating a
department of workforce development with responsibility for the
mentoring project for family investment program participants,
the following amount for the division of the status of women to
implement the mentoring project under section 239.22:
$ 72,000
FTEs 1.50"
11. Page 21, line 28, by striking the figure "478,235" and
inserting the following: "378,021".
12. Page 22, line 11, by striking the words "new grants and".
13. Page 22, line 16, by striking the figure "1,800,000" and
inserting the following: "1,600,000".
14. Page 24, by striking lines 6 through 9 and inserting the
following: "232.190:"
15. Page 24, line 30, by striking the figure "18.6" and
inserting the following: "18.6, subsections 1 through 7, and
subsections 9 through 14, and the dollar limitation in
subsection 8".
16. Page 25, line 3, by inserting after the word
"subcommittee." the following: "Prior to making a purchase
under this section, the department shall first determine whether
goods or services are available from a targeted small business
and preference shall be given to making the purchases from
targeted small businesses."
17. Page 25, line 10, by striking the word "gamblers" and
inserting the following: "gambling".
18. Page 25, line 15, by striking the words "gamblers
assistance" and inserting the following: "gamblers
assistance gambling".
19. Page 25, line 18, by striking the words "gamblers
assistance" and inserting the following: "gamblers
assistance gambling".
20. Page 25, line 26, by striking the words "gamblers
assistance" and inserting the following: "gamblers
assistance gambling".
21. Page 25, line 28, by striking the words "gamblers
assistance" and inserting the following: "gamblers
assistance gambling".
22. Page 25, lines 34 and 35, by striking the words "gamblers
assistance" and inserting the following: "gamblers
assistance gambling".
23. Page 26, line 13, by striking the word "gamblers" and
inserting the following: "gambling".
24. By renumbering as necessary.
ON THE PART OF THE HOUSE ON THE PART OF
THE SENATE
JOSEPH KREMER, Chair TOM
FLYNN, Chair
NORMAN MUNDIE NANCY
BOETTGER
KEITH WEIGEL
DICK DEARDEN
RANDAL GIANNETTO
WILMER
RENSINK
A non-record roll call was requested.
The ayes were 48, nays 19.
The motion prevailed and the report was adopted.
Kremer of Buchanan 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. 2448)
The ayes were, 76:
Arnold Baker Bell Bernau
Boddicker Boggess Branstad Burnett
Cataldo Connors Corbett, Spkr. Daggett
Dinkla Disney Doderer Drake
Drees Eddie Fallon Garman
Gipp Greig Greiner Gries
Grubbs Hahn Halvorson Hammitt Barry
Hanson Harper Heaton Holveck
Houser Huseman Jacobs Jochum
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Main Martin Mascher May
McCoy Mertz Meyer Mundie
Murphy Nelson, B. Nelson, L. Nutt
Ollie Osterhaus Renken
Schrader Shoultz Siegrist Sukup
Taylor Teig Thomson Van Fossen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Witt
Rants, Presiding
The nays were, 19:
Blodgett Bradley Brunkhorst Carroll
Churchill Cohoon Coon Cormack
Ertl Grundberg Harrison Metcalf
Millage Moreland Myers O'Brien
Schulte Tyrrell Van Maanen
Absent or not voting, 5:
Brammer Brand Brauns Hurley
Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
SENATE MESSAGE CONSIDERED
Senate File 2467, by committee on ways and means, a bill for
an act increasing the nonpublic school tax credit and
eliminating the nonpublic school tax deduction for amounts paid
for tuition and textbooks for nonpublic elementary and secondary
schools under the state individual income tax and providing
effective and applicability date provisions.
Read first time and referred to committee on ways and means.
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, 1996, amended and passed the
following bill in which the concurrence of the House is asked:
House File 2201, a bill for an act relating to defining the
practice of dentistry.
Also: That the Senate has on April 11, 1996, insisted on its
amendment to House File 2449, a bill for an act setting campaign
contribution limits by persons and political committees,
addressing independent expenditures on behalf of candidates,
employee and member contributions, making penalties applicable,
and providing an effective date, and the members of the
conference Committee on the part of the Senate are: The Senator
from Pottawattamie, Senator Gronstal, Chair; the Senator from
Johnson, Senator Neuhauser; the Senator from Warren, Senator
Fink; the Senator from Muscatine, Senator Drake; the Senator
from Clinton, Senator Rittmer.
Also: That the Senate has on April 11, 1996, adopted the
following resolution in which the concurrence of the Senate was
asked:
House Concurrent Resolution 119, a concurrent resolution
expressing the sympathy of the Iowa General Assembly to the
family of Captain John R. Pitzen, United States Navy.
Also: That the Senate has on April 11, 1996, adopted the
following resolution in which the concurrence of the Senate was
asked:
House Concurrent Resolution 123, a concurrent resolution to
approve and confirm the appointment of the citizens' aide.
Also: That the Senate has on April 11, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2457, a bill for an act relating to single-family
residential construction and by establishing a mediation process
providing consumer remedies, and providing for related matters.
JOHN F. DWYER, Secretary
EXPLANATION OF VOTE
I was temporarily absent from the House chamber on April 11,
1996. Had I been present, I would have voted "aye" on House File
569 and Senate File 2157.
MARTIN of Scott
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 Eleventh day of April, 1996: House Files 111, 210, 514,
2190, 2350, 2407 and 2444.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Kremer of Buchanan announced that the Honorable Marvin Diemer,
former member of the House representing Black Hawk County, was
present in the House chamber on April 10, 1996.
Twenty fourth grade students from Murray Community School,
Murray, accompanied by Karen Stroud. By Arnold of Lucas.
Forty-four twelfth grade students from Jefferson High School,
Cedar Rapids, accompanied by Suzanne Kresi. By Welter of Jones,
Brammer, Corbett and Taylor all of Linn.
Forty-seven sixth grade students from
Meservey-Thorton-Sheffield-Chapin Middle School, accompanied by
Mr. Jack Amble, Mrs. Alice Heitland, Mr. Jerry Martinek and Miss
Morey. By Sukup of Franklin and Blodgett of Cerro Gordo.
Sixteen fifth grade students from St. Cecilia's Parochial, Ames,
accompanied by Sister Dorothy Ann Chevalier and Mrs. Linda
White. By Bernau, Burnett and Garman all of Story.
COMMUNICATION RECEIVED
The following communication was received and filed in the office
of the Chief Clerk:
DEPARTMENT OF GENERAL SERVICES
The Annual Report, pursuant to Chapter 7A.3(11), Code of Iowa.
CERTIFICATES OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.
ELIZABETH A. ISAACSON
Chief Clerk of the House
1996\459 Amy Seyffer, Hudson High School, Hudson - For receiving
5th place in Solo Competition at the Showstoppers National Show
Choir Invitational.
1996\460 "First Edition Choir", Hudson High School, Hudson - For
receiving 4th place in Show Choir Competition at the
Showstoppers National Show Choir Invitational.
1996\461 Lawrence Hesse, Cedar Falls - For his retirement from
John Deere Waterloo Works.
1996\462 Matthew Grundman, Bedford - For being named the 1996
Iowa Small Business Person of the Year by the U.S. Small
Business Administration.
1996\463 Lillian and Earl Petersen, Davenport - For celebrating
their Fiftieth wedding anniversary.
1996\464 Patricia and William Young, Davenport - For celebrating
their Fiftieth wedding anniversary.
1996\465 Mary Stichter, Davenport - For celebrating her
Ninetieth birthday.
1996\466 Olga Kiefer, Davenport - For celebrating her Ninetieth
birthday.
1996\467 Lillian and Andy Slycord - For celebrating their
Fiftieth wedding anniversary.
APPOINTMENT
The Speaker announced the following appointment:
Education Commission of the States
(Chapter 272B.2)
Don Gries To a term ending June 30, 1997
HOUSE STUDY BILL COMMITTEE ASSIGNMENT
H.S.B. 757 Ways and Means
Providing for the modification or termination of certain
testamentary trusts by the court.
RESOLUTIONS FILED
HCR 126, by Harrison, Bradley, Van Fossen, Main, McCoy,
Boddicker, Gipp, Halvorson and Fallon, a concurrent resolution
to request the establishment of a legislative interim committee
to study child visitation and custody issues.
Laid over under Rule 25.
SCR 118, by Szymoniak, a concurrent resolution recognizing the
outstanding work of the employees of the Division of Vocational
Rehabilitation Services of the Department of Education and
commemorating the 75th anniversary of vocational rehabilitation
services in Iowa.
Laid over under Rule 25.
AMENDMENTS FILED
H-5925 S.F. 2206 Tyrrell of Iowa
H-5927 H.F. 2050 Senate Amendment
H-5928 H.F. 2497 Meyer of Sac
Cormack of Webster
Grundberg of Polk
Houser of Pottawattamie
Drake of Pottawattamie
H-5931 H.F. 2496 Vande Hoef of Osceola
H-5932 S.F. 2372 Fallon of Polk
H-5933 S.F. 2372 Kreiman of Davis
H-5934 S.F. 2372 Holveck of Polk
H-5935 S.F. 2372 Holveck of Polk
H-5936 S.F. 2372 McCoy of Polk
H-5937 S.F. 2365 Weigel of Chickasaw
H-5939 H.F. 2497 Gipp of Winneshiek
H-5940 H.F. 2201 Senate Amendment
On motion by Siegrist of Pottawattamie, the House adjourned at
6:05 p.m., until 9:30 a.m., Friday, April 12, 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
Comments? hjourn@legis.iowa.gov.
Last update: Fri Apr 12 13:30:03 CDT 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/Day/0411.html
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