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One Hundred-seventh Calendar Day - Seventieth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, April 23, 1996
The House met pursuant to adjournment at 10:00 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend Robert J. Brown, Missionary
Baptist Church, Carlisle.
The Journal of Monday, April 22, 1996 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Teig of Hamilton, until his arrival, on request of Arnold of
Lucas.
ADOPTION OF HOUSE RESOLUTION 109
Fallon of Polk called up for consideration House Resolution 109,
a resolution relating to the adverse effects of excessive
television viewing and supporting National TV - Turnoff Week,
and moved its adoption.
The motion prevailed and the resolution was adopted.
SENATE AMENDMENT CONSIDERED
Sukup of Franklin called up for consideration House File 2486, a
bill for an act appropriating federal funds made available from
federal block grants and other federal grants, allocating
portions of federal block grants, and providing procedures if
federal funds are more or less than anticipated or if federal
block grants are more or less than anticipated, amended by the
Senate, and moved that the House concur in the following Senate
amendment H-6032:
H-6032
1 Amend House File 2486, as amended, passed, and
2 reprinted by the House as follows:
3 1. Page 13, line 24, by striking the figure
4 "8,306,132" and inserting the following: "8,633,742".
5 2. Page 13, line 33, by striking the word "If"
6 and inserting the following: "Unless the governor
7 authorizes funding as provided in subsection 2, if".
8 3. Page 14, by striking lines 12 and 13 and
9 inserting the following:
10 "2. a. If the governor determines prior to
11 October 1, 1996, that federal funding available to the
12 state for a program referenced in this subsection for
13 the federal fiscal year beginning October 1, 1995, is
14 less than the amount available to the state for the
15 program in either of the two preceding federal fiscal
16 years, the governor, subject to the limitations of
17 this subsection, may authorize state funding to
18 replace the federal funding. The amount of funding
19 authorized by the governor for a program shall not
20 exceed the amount by which the federal funding for the
21 program in the federal fiscal year beginning October
22 1, 1995, is less than the federal funding for the
23 program in either of the two preceding federal fiscal
24 years.
25 b. The governor's authorization of funding for a
26 program is subject to a finding by the governor that
27 the reduction in federal funding will cause a hardship
28 for individuals otherwise eligible for assistance by
29 the program, or will adversely affect state or local
30 education, economic development, employment, crime
31 prevention and the criminal justice system, drug
32 control, or housing efforts.
33 c. The provisions of this subsection apply to any
34 program funded under sections 1 through 13 of this Act
35 and to any other program which is funded in whole or
36 in part with federal funds and is directed to children
37 or older Iowans, or to state or local education,
38 economic development, employment, crime prevention and
39 the criminal justice system, drug control, or housing
40 efforts.
41 d. There is appropriated from moneys transferred
42 to the general fund of the state pursuant to section
43 8.55, subsection 2, in the fiscal year beginning July
44 1, 1996, which are otherwise unobligated, an amount
45 sufficient to fund authorizations provided by the
46 governor under this subsection. The amount
47 appropriated in this subsection is subject to the
48 state general fund expenditure limit for the fiscal
49 year beginning July 1, 1996, created pursuant to
50 section 8.54. Additional funding appropriated
Page 2
1 pursuant to this subsection shall not be used for
2 interdepartmental transfers or for any expenditure
3 other than for expenditures as provided in the federal
4 law which established and implemented the guidelines
5 for the block grant for which the funds were
6 appropriated.
7 3. Before the governor implements an action
8 provided for in subsection 1 or 2, the following
9 procedures apply:"
10 4. Page 14, line 14, by inserting after the word
11 "The" the following: "members of the legislative
12 council, the".
13 5. Page 14, line 20, by inserting after the word
14 "allocations" the following: "or authorization".
15 6. Page 14, line 22, by inserting after the word
16 "to" the following: "or authorized for".
17 7. Page 14, by striking lines 24 and 25 and
18 inserting the following: "deemed useful. Members of
19 the general assembly who are required to be notified
20 shall be allowed at least thirty days to review and
21 comment on the proposed action".
22 8. Page 14, by inserting after line 26 the
23 following:
24 "4. After the governor implements an action
25 provided for in subsection 1 or 2, and provides notice
26 as required under subsection 3, the governor shall
27 notify the legislative fiscal committee and the
28 legislative fiscal bureau of the amount of additional
29 funding that was allocated to each program.
30 5. It is the intent of the general assembly that
31 if funds received from the federal government are less
32 than the anticipated or appropriated amounts, the
33 governor shall replace all or a portion of the funds
34 for the following programs and block grants:
35 1. The helping disadvantaged children meet high
36 standards program.
37 2. The resource conservation and development
38 program.
39 3. The substance abuse prevention and treatment
40 block grant.
41 4. The community mental health services block
42 grant.
43 5. The maternal and child health services block
44 grant.
45 6. The preventive health and health services block
46 grant.
47 7. The drug control and system improvement block
48 grant.
49 8. The stop violence against women block grant.
50 9. The community services block grant.
Page 3
1 10. The community development block grant.
2 11. The low-income home energy assistance block
3 grant."
4 9. Page 24, line 22, by inserting after the word
5 "database." the following: "It is the intent of the
6 general assembly that the governor will utilize the
7 governor's authority under section 14, subsection 2,
8 of this Act, to the extent possible, as a means of
9 ensuring that funding for the program is made
10 sufficient and to preclude utilizing the procedures
11 provided in this section."
12 10. Page 24, by inserting after line 22 the
13 following:
14 "Sec. ___. CULTURAL AFFAIRS - FEDERAL ACTIONS.
15 The department of management shall conduct a review of
16 federal actions concerning the level of funding and
17 policies relating to the arts and to cultural affairs
18 and the anticipated effects of the federal actions
19 upon the department of cultural affairs and the
20 department of cultural affairs' programs. Based upon
21 the anticipated effects, the department of management
22 shall examine the functions and programs of the
23 department of cultural affairs and make
24 recommendations to the governor and the general
25 assembly as to options for restructuring the
26 department of cultural affairs' programs. The
27 recommendations shall be submitted to the governor and
28 the general assembly prior to the convening of the
29 Seventy-seventh General Assembly."
30 11. Page 24, by inserting after line 22 the
31 following:
32 "Sec. ___. WELFARE REFORM BLOCK GRANT.
33 1. Notwithstanding contrary provisions of section
34 8.41, as enacted in 1996 Iowa Acts, House File 2256,
35 the provisions of this section shall apply if all of
36 the following conditions are met:
37 a. The provisions of this section shall apply only
38 to programs, funding, and policies of the family
39 investment program and the job opportunities and basic
40 skills (JOBS) program.
41 b. Federal law creating a welfare reform block
42 grant is enacted which provides for optional early
43 implementation dates which precede the convening of
44 the Seventy-seventh General Assembly.
45 c. The department of human services determines
46 early implementation of the federal block grant
47 provisions is advantageous to Iowa. All of the
48 following requirements shall apply in order for the
49 department to make such a determination:
50 (1) Early implementation will result in additional
Page 4
1 federal funding for the family investment program or
2 the JOBS program.
3 (2) The early implementation of the block grant
4 provisions will not disadvantage any applicant or
5 recipient of assistance under the family investment
6 program by resulting in reduced benefits, terminated
7 eligibility, or denied eligibility to the extent those
8 conditions would not have resulted under Iowa's
9 welfare reform provisions in effect prior to the early
10 implementation of the federal block grant provisions.
11 The department may satisfy this requirement by using
12 one hundred percent state funds to offset any
13 disadvantage to an applicant or recipient for services
14 eligible for federal financial participation prior to
15 the early implementation of the federal block grant
16 provisions if the increase in state funds used does
17 not exceed any additional federal funding received
18 under the block grant.
19 (3) The department can reasonably make computer
20 system and procedural changes necessary to implement
21 the provisions within any federally mandated time
22 frames as necessary to qualify for early
23 implementation of the federal block grant provisions.
24 (4) The state will not incur any excessive
25 financial risks with early implementation of the
26 federal block grant provisions.
27 2. If the federal legislation described is
28 enacted, the department shall seek input from the
29 individuals of the work group which considered the
30 state human investment policy or a successor
31 interagency task force which makes recommendations to
32 the department concerning the family investment
33 program.
34 3. If all of the conditions of subsections 1 and 2
35 are met, the department may take steps to notify the
36 United States department of health and human services,
37 or some other such entity as designated in the federal
38 legislation, that the state of Iowa is opting for
39 early implementation of the federal welfare reform
40 block grant provisions. If the department takes steps
41 to elect early implementation of the federal block
42 grant provisions, the department shall notify the
43 fiscal committee of the legislative council, the
44 legislative fiscal bureau, the chairpersons and
45 ranking members of the senate and house committees on
46 human resources, and the chairpersons and ranking
47 members of the senate and house appropriations
48 subcommittee on human services of all of the
49 following:
50 a. The findings that the conditions in subsection
Page 5
1 1 are met.
2 b. The notice to the federal government of
3 electing early implementation of the block grant
4 provisions.
5 c. Fiscal impacts of electing early implementation
6 of the block grant provisions.
7 4. If allowed by federal law, the department may
8 discontinue the provisions for control groups as
9 required by the federal government and apply welfare
10 reform policies to all applicants and recipients of
11 assistance in the family investment program equally.
12 The department shall make notifications similar to
13 those required in subsection 3 of any decision to
14 continue or discontinue control groups."
15 12. By renumbering, relettering, or redesignating
16 and correcting internal references as necessary.
The motion lost and the House refused to concur in the Senate
amendment H-6032.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2486 be immediately messaged to the Senate.
ADOPTION OF SENATE CONCURRENT RESOLUTION 113
Hahn of Muscatine called up for consideration of Senate
Concurrent Resolution 113, a concurrent resolution declaring
Miss Iowa an official hostess for the State of Iowa, and moved
its adoption.
The motion prevailed and the resolution was adopted.
ADOPTION OF SENATE CONCURRENT RESOLUTION 107
Vande Hoef of Osceola called up for consideration of Senate
Concurrent Resolution 107, a concurrent resolution urging the
United States Congress to authorize construction of the Lewis
and Clark rural water system, and moved its adoption.
The motion prevailed and the resolution was adopted.
On motion by Siegrist of Pottawattamie, the House was recessed
at 10:40 a.m., until 2:00 p.m.
AFTERNOON SESSION
The House reconvened at 2:07 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-eight members present,
twenty-two absent.
CONSIDERATION OF BILLS
Ways and Means Calendar
Senate File 2357, a bill for an act relating to school finance
providing for an increase in the amount certified for levy in
excess of that previously authorized for bonded indebtedness
repayment, with report of committee recommending passage, was
taken up for consideration.
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. 2357)
The ayes were, 85:
Arnold Baker Bernau Blodgett
Boggess Bradley Brand Branstad
Brauns Burnett Carroll Cataldo
Churchill Cohoon Connors Coon
Cormack Daggett Dinkla Disney
Doderer Drake Drees Eddie
Fallon Gipp Greig Greiner
Gries Grubbs Grundberg Hahn
Halvorson Hammitt Barry Hanson Harper
Harrison Heaton Houser Hurley
Huseman Jacobs Jochum Klemme
Koenigs Kremer Lamberti Larkin
Lord Main Martin Mascher
May Metcalf Meyer Millage
Mundie Murphy Myers Nelson, B.
Nelson, L. Nutt O'Brien Ollie
Osterhaus Rants Renken Schrader
Schulte Shoultz Siegrist Sukup
Taylor Teig Thomson Van Fossen
Van Maanen Vande Hoef Veenstra Warnstadt
Weidman Welter Wise Witt Mr.
Speaker
Corbett
The nays were, 11:
Bell Boddicker Brunkhorst Ertl
Garman Holveck Kreiman McCoy
Moreland Tyrrell Weigel
Absent or not voting, 4:
Brammer Larson Mertz Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Rants of Woodbury asked and received unanimous consent that
Senate File 2357 be immediately messaged to the Senate.
On motion by Siegrist of Pottawattamie, the House was recessed
at 2:38 p.m., until 5:00 p.m.
EARLY EVENING SESSION
The House reconvened at 5:25 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Mundie of Webster, on request of Schrader of Marion; Garman of
Story, on request of Seigrist of Pottawattamie; Fallon of Polk,
on request of O'Brien of Boone, all for the remainder of the day.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-six members present,
twenty-four absent.
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 23, 1996, amended and passed the
following bill in which the concurrence of the House is asked:
House File 2234, a bill for an act relating to exempting certain
nonresident aliens from land ownership restrictions.
Also: That the Senate has on April 23, 1996, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 284, a bill for an act relating to the crime of
forgery, by prohibiting the knowing possession of forged
writings, including documents prescribed for entry into, stay,
or employment in the United States, and providing criminal
penalties and providing civil penalties for employers hiring
individuals with forged documents regarding the individuals'
entry into, study, or employment in the United States.
Also: That the Senate has on April 23, 1996, amended the House
amendment, concurred in the House amendment as amended, and
passed the following bill in which the concurrence of the House
is asked:
Senate File 2245, a bill for an act relating to public
retirement systems, making appropriations, and providing
effective and retroactive applicability dates.
Also: That the Senate has on April 23, 1996, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2351, a bill for an act relating to department of
economic development programs, including the workforce
development fund program and the Iowa small business new jobs
training Act, providing a supplemental new jobs credit from
withholding, establishing a rural microbusiness assistance
program, increasing the funds available for the value-added
agricultural products and processes program, making an annual
allocation from an appropriation, and establishing an effective
date.
Also: That the Senate has on April 23, 1996, amended the House
amendment, concurred in the House amendment as amended, and
passed the following bill in which the concurrence of the House
is asked:
Senate File 2399, a bill for an act relating to child protection
system provisions involving the child abuse assessment pilot
projects administered by the department of human services and
certain multidisciplinary teams, and providing an effective date.
JOHN F. DWYER, Secretary
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
Senate Concurrent Resolutions 107 and 113.
CONSIDERATION OF BILLS
SENATE AMENDMENT CONSIDERED
Boddicker of Cedar called up for consideration Senate File 2399,
a bill for an act relating to child protection system provisions
involving the child abuse assessment pilot projects administered
by the department of human services and certain
multidisciplinary teams, and providing an effective date,
amended by the House, further amended by the Senate and moved
that the House concur in the following Senate amendment H-6039
to the House amendment:
H-6039
1 Amend the House amendment, S-5702, to Senate File
2 2399, as amended, passed, and reprinted by the Senate,
3 as follows:
4 1. Page 1, line 16, by striking the letter ""e""
5 and inserting the following: ""c"".
6 2. Page 1, by striking lines 31 through 39.
7 3. Page 1, line 44, by striking the word
8 "subparagraphs" and inserting the following:
9 "subparagraph".
10 4. Page 1, by striking lines 45 through 48.
11 5. Page 1, line 49, by striking the figure "(16)"
12 and inserting the following: "(15)".
13 6. By striking page 2, line 5, through page 7,
14 line 32.
The motion prevailed and the House concurred in the Senate
amendment H-6039, to the House amendment.
Boddicker of Cedar moved that the bill, as amended by the House,
further 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?" (S.F. 2399)
The ayes were, 92:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill
Cohoon Connors Coon Corbett, Spkr.
Cormack Daggett Dinkla Disney
Doderer Drake Drees Eddie
Ertl 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 Lord Main
Martin Mascher May McCoy
Mertz Metcalf Meyer Moreland
Murphy Myers Nelson, B. Nelson, L.
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, 8:
Brammer Fallon Garman Larson
Millage Mundie Nutt 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
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2399 be immediately messaged to the Senate.
Ways and Means Calendar
House File 2500, a bill for an act providing for the
modification or termination of certain testamentary trusts by
the court, was taken up for consideration.
Lamberti of Polk asked and received unanimous consent to
withdraw amendment H-6037 filed by him from the floor.
Halvorson of Clayton asked and received unanimous consent to
withdraw amendment H-6038 filed by him from the floor.
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. 2500)
The ayes were, 93:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Branstad Brauns Brunkhorst
Burnett Carroll Cataldo Churchill
Cohoon Connors Coon Corbett, Spkr.
Cormack Daggett Dinkla Disney
Doderer Drake Drees Eddie
Ertl 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 Lord Main
Martin Mascher May McCoy
Mertz Metcalf Meyer Moreland
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, 7:
Brammer Fallon Garman Larson
Millage Mundie Salton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
SENATE AMENDMENTS CONSIDERED
Martin of Scott called up for consideration Senate File 2245, a
bill for an act relating to public retirement systems, making
appropriations, and providing effective and retroactive
applicability dates, amended by the House, further amended by
the Senate and moved that the House concur in the following
Senate amendment H-6040 to the House amendment:
H-6040
1 Amend the House amendment, S-5828, to Senate File
2 2245, as amended, passed, and reprinted by the Senate,
3 as follows:
4 1. Page 17, line 15, by inserting after the words
5 "paragraph "a"," the following: "or receiving a
6 retirement allowance for service as a sheriff, deputy
7 sheriff, or airport fire fighter under subsection 16,
8 paragraph "b", subparagraph (3),".
9 2. Page 20, by inserting after line 18 the
10 following:
11 "Sec. ___. Section 97B.49, subsection 16,
12 paragraph b, Code Supplement 1995, is amended by
13 adding the following new subparagraph:
14 NEW SUBPARAGRAPH. (3) A member who retires from
15 employment as a county sheriff, deputy sheriff, or
16 airport fire fighter, who retires on or after July 1,
17 1997, and at the time of retirement has completed a
18 total of twenty-five years of membership service with
19 the last twelve years of membership service as a
20 county sheriff, deputy sheriff, or airport fire
21 fighter, may elect to receive in lieu of the receipt
22 of any benefits under subsection 5 or 15, or
23 subparagraphs (1) and (2) of this paragraph, a monthly
24 retirement allowance equal to one-twelfth of the
25 applicable percentage multiplier of the member's
26 three-year average covered wage as is provided in
27 paragraph "a", with benefits payable during the
28 member's lifetime.
29 Sec. ___. Section 97B.49, subsection 16, paragraph
30 d, subparagraph (9), Code Supplement 1995, is amended
31 to read as follows:
32 (9) An employee of a judicial district department
33 of correctional services who is employed as a
34 probation officer II or III, or a parole
officer II or
35 III, or a residential counselor."
36 3. Page 23, by inserting after line 9 the
37 following:
38 "Sec. ___. NEW SECTION. 97B.50A DISABILITY
39 BENEFITS FOR AIRPORT FIRE FIGHTERS.
40 1. DEFINITIONS. For purposes of this section,
41 unless the context otherwise provides, "member" means
42 a vested member who is classified as an airport fire
43 fighter under section 97B.49, subsection 16, at the
44 time of the alleged disability.
45 2. ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE.
46 a. Effective July 1, 1997, a member who is injured
47 in the performance of the member's duties, and
48 otherwise meets the requirements of this subsection
49 shall receive an accidental disability retirement
50 allowance under the provisions of this subsection, in
Page 2
1 lieu of a monthly retirement allowance as provided in
2 section 97B.49 or benefits calculated as provided in
3 section 97B.50, subsection 2.
4 b. Upon application of a member, a member who has
5 become totally and permanently incapacitated for duty
6 as the natural and proximate result of an injury,
7 disease, or exposure occurring or aggravated while in
8 the actual performance of duty shall be retired by the
9 department, provided that the medical board shall
10 certify that the member is mentally or physically
11 incapacitated for further performance of duty, that
12 the incapacity is likely to be permanent, and that the
13 member should be retired. The department shall make
14 the final determination, based on the medical evidence
15 received, of a member's total and permanent
16 disability. However, if a person's membership in the
17 system first commenced on or after July 1, 1997, the
18 member shall not be eligible for benefits with respect
19 to a disability which would not exist, but for a
20 medical condition that was known to exist on the date
21 that membership commenced.
22 c. Disease under this subsection shall mean heart
23 disease or any disease of the lungs or respiratory
24 tract and shall be presumed to have been contracted
25 while on active duty as a result of strain, exposure,
26 or the inhalation of noxious fumes, poison, or gases.
27 However, if a person's membership in the system first
28 commenced on or after July 1, 1997, and the heart
29 disease or disease of the lungs or respiratory tract
30 would not exist, but for a medical condition that was
31 known to exist on the date that membership commenced,
32 the presumption established in this paragraph shall
33 not apply.
34 d. Upon retirement for an accidental disability as
35 provided by this subsection, a member shall receive
36 the greater of a monthly accidental disability
37 retirement allowance calculated under this subsection
38 or a disability retirement allowance calculated under
39 section 97B.50, subsection 2. The monthly accidental
40 disability allowance calculated under this subsection
41 shall consist of an allowance equal to one-twelfth of
42 sixty percent of the member's three-year average
43 covered wage at the time of disability.
44 3. ORDINARY DISABILITY RETIREMENT ALLOWANCE.
45 a. Effective July 1, 1997, a member who otherwise
46 meets the requirements of this subsection shall
47 receive an ordinary disability retirement allowance
48 under the provisions of this subsection, in lieu of a
49 monthly retirement allowance as provided in section
50 97B.49 or benefits calculated as provided in section
Page 3
1 97B.50, subsection 2.
2 b. Upon application of a member, a member who has
3 become totally and permanently incapacitated for duty
4 shall be retired by the department, provided that the
5 medical board shall certify that the member is
6 mentally or physically incapacitated for further
7 performance of duty, that the incapacity is likely to
8 be permanent, and that the member should be retired.
9 The department shall make the final determination,
10 based on the medical evidence received, of a member's
11 total and permanent disability. However, if a
12 person's membership in the system first commenced on
13 or after July 1, 1997, the member shall not be
14 eligible for benefits with respect to a disability
15 which would not exist, but for a medical condition
16 that was known to exist on the date that membership
17 commenced.
18 c. Upon retirement for an ordinary disability as
19 provided by this subsection, a member shall receive
20 the greater of a monthly ordinary disability
21 retirement allowance calculated under this subsection
22 or a disability retirement allowance calculated under
23 section 97B.50, subsection 2. The monthly ordinary
24 disability allowance calculated under this subsection
25 shall consist of an allowance equal to one-twelfth of
26 fifty percent of the member's three-year average
27 covered wage at the time of disability.
28 4. OFFSET TO ALLOWANCE. Any amounts which may be
29 paid or payable by the employer under the provisions
30 of any workers' compensation or other law to a member,
31 or to the dependents of a member on account of any
32 disability, shall be offset against and payable in
33 lieu of any retirement allowance payable pursuant to
34 this section on account of the same disability.
35 5. REEXAMINATION - REEMPLOYMENT OF MEMBERS
36 RETIRED ON ACCOUNT OF AN ACCIDENTAL DISABILITY.
37 a. Once each year during the first five years
38 following the retirement of a member under this
39 section, and once in every three-year period
40 thereafter, the department may, and upon the member's
41 application shall, require any member receiving an
42 accidental or ordinary disability retirement allowance
43 who has not yet attained the age of fifty-five years
44 to undergo a medical examination as arranged by the
45 medical board. The examination shall be made by the
46 medical board or by an additional physician or
47 physicians designated by the board. If any member
48 receiving an accidental or ordinary disability
49 retirement allowance who has not attained the age of
50 fifty-five years refuses to submit to the medical
Page 4
1 examination, the allowance may be discontinued until
2 the member's withdrawal of the refusal, and should the
3 member's refusal continue for one year, all rights in
4 and to the member's disability retirement allowance
5 shall be revoked by the department.
6 b. If a member receiving a disability retirement
7 allowance is returned to covered employment, the
8 member's disability retirement allowance shall cease,
9 the member shall again become an active member, and
10 shall contribute thereafter at the same rate payable
11 by similarly classified members. Upon subsequent
12 retirement, the member's retirement allowance shall be
13 calculated as provided in section 97B.48A.
14 6. DEATH BENEFITS. A member who is receiving an
15 accidental or ordinary disability retirement allowance
16 under this section shall be treated as having elected
17 a lifetime monthly retirement allowance with no death
18 benefit unless the member elects an optional form of
19 benefit provided under section 97B.51, which shall be
20 actuarially equivalent to the lifetime monthly
21 retirement allowance provided under this section.
22 7. MEDICAL BOARD. The system shall designate a
23 medical board to be composed of three physicians who
24 shall arrange for and pass upon the medical
25 examinations required under the provisions of this
26 section and shall report in writing to the department
27 the conclusions and recommendations upon all matters
28 duly referred to the medical board. Each report of a
29 medical examination under this section shall include
30 the medical board's findings as to the extent of the
31 member's physical impairment.
32 8. RULES. The department shall adopt rules
33 pursuant to chapter 17A specifying the application
34 procedure for members pursuant to this section."
35 4. Page 38, line 2, by striking the word
36 "PROPOSALS" and inserting the following: "PROPOSAL".
37 5. Page 38, lines 3 and 4, by striking the words
38 "AND FOR CONVERTING THE SYSTEM INTO A DEFINED
39 CONTRIBUTION PLAN".
40 6. Page 38, by striking lines 11 through 16 and
41 inserting the following: "addition to the current
42 defined benefit plan. On or before September 1,".
43 7. Page 38, line 20, by striking the word
44 "proposals" and inserting the following: "a proposal,
45 or proposals,".
46 8. Page 38, lines 21 through 23, by striking the
47 words "and for converting the Iowa public employees'
48 retirement system into a defined contribution plan".
49 9. By renumbering as necessary.
Roll call was requested by Wise of Lee and Schrader of Marion.
Rule 75 was invoked.
On the question "Shall the Senate amendment H-6040, to the House
amendment, be adopted?" (S.F. 2245)
The ayes were, 41:
Arnold Baker Bell Bernau
Brand Brauns Burnett Carroll
Cataldo Cohoon Connors Coon
Doderer Drake Drees Harper
Holveck Jochum Koenigs Kreiman
Larkin Main Mascher May
McCoy Mertz Moreland Murphy
Myers Nelson, L. O'Brien Ollie
Osterhaus Schrader Shoultz Taylor
Warnstadt Weidman Weigel Wise
Witt
The nays were, 53:
Blodgett Boddicker Boggess Bradley
Branstad Brunkhorst Churchill Corbett, Spkr.
Cormack Daggett Dinkla Disney
Eddie Ertl Gipp Greig
Greiner Gries Grubbs Grundberg
Hahn Halvorson Hammitt Barry Hanson
Harrison Heaton Houser Hurley
Huseman Jacobs Klemme Kremer
Lamberti Lord Martin Metcalf
Meyer Millage Nelson, B. Nutt
Rants Renken Schulte Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Welter
Van Maanen,
Presiding
Absent or not voting, 6:
Brammer Fallon Garman Larson
Mundie Salton
The motion lost and the House refused to concur in the Senate
amendment H-6040, to the House amendment.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2245 be immediately messaged to the Senate.
Hammitt Barry of Harrison called up for consideration House File
2234, a bill for an act relating to exempting certain
nonresident aliens from land ownership restrictions, amended by
the Senate amendment H-6041 as follows:
H-6041
1 Amend House File 2234, as passed by the House, as
2 follows:
3 1. Page 1, by striking lines 7 through 31 and
4 inserting the following:
5 "Sec. ___. NEW SECTION. 15.331B EXEMPTION FROM
6 LAND OWNERSHIP RESTRICTIONS FOR NONRESIDENT ALIENS.
7 1. The eligible business, to the extent the
8 eligible business is not actively engaged in farming
9 within the economic development area, may acquire and
10 own up to one thousand acres of land in the economic
11 development area, notwithstanding the provisions of
12 section 567.3 if the eligible business has been
13 designated an exempt business under subsection 3. An
14 eligible business may lease up to an additional two
15 hundred eighty acres of land in the economic
16 development area.
17 The eligible business may receive one or more one-
18 year extensions of the time limit for complying with
19 the requirements of section 567.4. Each extension
20 must be approved by the community prior to approval by
21 the department. The eligible business shall comply
22 with the remaining provisions of chapter 567 to the
23 extent they do not conflict with this subsection.
24 2. "Actively engaged in farming" means any of the
25 following:
26 a. Inspecting agricultural production activities
27 within the economic development area periodically and
28 furnishing at least half of the value of the tools and
29 paying at least half the direct cost of production.
30 b. Regularly and frequently making or taking an
31 important part in making management decisions
32 substantially contributing to or affecting the success
33 of the farm operations within the economic development
34 area.
35 c. Performing physical work which significantly
36 contributes to crop or livestock production.
37 3. An eligible business shall not receive the
38 exemption under this section unless it has applied to
39 be designated an exempt business by July 1, 1998.
40 4. The department of economic development shall
41 monitor the activities of eligible businesses
42 receiving the exemption under this section and report
43 to the general assembly by December 15 of each year."
44 5. An eligible business that complies with this
45 section shall be considered to be acquiring, owning,
46 or leasing agricultural land for immediate or
47 potential use in nonfarming purposes under section
48 9H.4, subsection 4."
49 2. By renumbering as necessary.
The House stood at ease at 6:30 p.m., until the fall of the
gavel.
The House resumed session at 6:42 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
Siegrist of Pottawattamie asked and received unanimous consent
to defer on House File 2234.
(Senate amendment H-6041 pending.)
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2500 be immediately messaged to the Senate.
EXPLANATIONS OF VOTE
I was temporarily absent from the House chamber on Monday, April
22, 1996. Had I been present, I would have voted "aye" on Senate
File 2446.
CARROLL of Poweshiek
I was necessarily absent from the House chamber on Monday, April
22, 1996. Had I been present, I would have voted "aye" on House
Files 2480, 2491 and 2495, and Senate Files 2245 and 2446.
LARSON of Linn
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 Twenty-third day of April, 1996: House Files 2453 and 2498.
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:
Fifty fourth grade students from East Elementary, Ankeny,
accompanied by Julie Schneiter. By Lamberti of Polk.
COMMUNICATION RECEIVED
The following communication was received and filed in the office
of the Chief Clerk:
DEPARTMENT OF NATURAL RESOURCES
The Annual Report, pursuant to Chapter 7E.5, 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\523 Andrew Vogel, Orange City - For celebrating his
One-hundredth birthday.
1996\524 Marguerite and Ray Stockstad, Dunlap - For celebrating
their Fiftieth wedding anniversary.
1996\525 Norma and Robert Michaelson, Sioux City - For
celebrating their Fiftieth wedding anniversary.
1996\526 Anna Schreier, Manson - For celebrating her
Ninety-seventh birthday.
1996\527 Norman Harpole, Newton - For celebrating his
One-hundredth birthday.
1996\528 Agnes and Carl Bunse, Newton - For celebrating their
Fiftieth wedding anniversary.
AMENDMENT FILED
H-6036 S.F. 2365 Taylor of Linn
On motion by Siegrist of Pottawattamie, the House adjorned at
6:55 p.m., until 10:00 a.m., Wednesday, April 24, 1996.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 2)
© 1996 Cornell College and League of Women Voters of Iowa
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