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Eighty-seventh Calendar Day - Fifty-seventh Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, April 9, 1997
The House met pursuant to adjournment at 8:48 a.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Reverend Bobb Barrick, Sharon Center
United Methodist Church, Kalona.
SENATE MESSAGE CONSIDERED
Senate File 529, by committee on appropriations, a bill for
an act relating to and making appropriations to certain state
departments, agencies, funds, and certain other entities,
providing for regulatory authority, and other properly related
matters.
Read first time and referred to committee on appropriations.
SPECIAL PRESENTATION
Nelson of Marshall presented to the House, Jan Mitchell, a
language arts teacher from Marshalltown High School. She will be
recognized by the Governor today as the 1997 Iowa Teacher of the
Year. Jan is also one of four finalists for the 1997 National
Teacher of the Year and the first Iowa teacher in 14 years to be
a National Finalist.
The House rose and expressed its welcome.
PRESENTATION OF PELLA TULIP QUEEN
AND HER ATTENDANTS
Speaker pro tempore Van Maanen of Marion presented to the House,
from the Speaker's station, Jeanna Redman, Queen of the 1997
Pella Tulip Festival, who was accompanied by her parents. Her
future plans after graduating this May from Pella Community High
School are to attend Central College pursuing an elementary
education degree.
Queen Jeanna presented her attendants Carrie Van Maanen, Shalene
Van Wyk, Crystal Van Haaften and Sybil Sullivan, who were also
accompanied by their parents. Queen Jeanna and her attendents
performed a dance before the House and invited everyone to
attend the Pella Tulip Festival which will be on May 8, 9 and 10.
Those present from Pella were dressed in native Dutch costume
and distributed the famous Pella Dutch cookies.
The House rose and expressed its welcome.
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 8, 1997, passed the following bill in
which the concurrence of the Senate was asked:
House File 653, a bill for an act relating to financial
assurance requirements for waste tire collection and processing
sites.
Also: That the Senate has on April 8, 1997, passed the following
bill in which the concurrence of the House is asked:
Senate File 533, a bill for an act relating to and making
appropriations to the justice system and providing effective
dates.
MARY PAT GUNDERSON, Secretary
CONSIDERATION OF BILLS
Regular Calendar
Senate File 457, a bill for an act relating to the Iowa pharmacy
practice Act by permitting qualified individuals to transport
emergency medications; permitting more than one emergency drug
box in a licensed health care facility; providing for electronic
signatures on prescriptions; establishing programs to aid
impaired pharmacists, pharmacist interns, and pharmacy
technicians; and establishing a penalty, with report of
committee recommending passage, was taken up for consideration.
Blodgett of Cerro Gordo moved that the bill be read a last time
now and placed upon its passage which motion prevailed and the
bill was read a last time.
On the question "Shall the bill pass?" (S.F. 457)
The ayes were, 97:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman Chiodo
Churchill Cohoon Connors Corbett,
Spkr. Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Foege Frevert
Garman Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Holveck Houser
Huseman Huser Jacobs
Jenkins Kinzer Klemme Koenigs
Kreiman Kremer Lamberti Larkin
Larson Lord Martin Mascher
May Mertz Metcalf Meyer
Millage Moreland Mundie Murphy Myers
Nelson O'Brien Osterhaus Rants
Rayhons Reynolds-Knight Richardson Scherrman
Schrader Shoultz Siegrist Sukup
Taylor Teig Thomas Thomson
Tyrrell Van Fossen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Van Maanen,
Presiding
The nays were, 1:
Fallon
Absent or not voting, 2:
Ford Jochum
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Ways and Means Calendar
Senate File 222, a bill for an act relating to the use tax on
motor vehicle leasing, with report of committee recommending
passage, was taken up for consideration.
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. 222)
The ayes were, 98:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Corbett, Spkr. Cormack Dinkla Dix
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege Frevert Garman Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
Holveck Houser Huseman Huser
Jacobs Jenkins Kinzer Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy Myers Nelson O'Brien
Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 2:
Ford Jochum
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 457 and 222.
Regular Calendar
Senate File 229, a bill for an act relating to the issuance of
motor vehicle licenses for certain law enforcement officers and
providing penalties, and providing an effective date, with
report of committee recommending amendment and passage, was
taken up for consideration.
Cormack of Webster offered the following amendment H-1538 filed
by the committee on transportation and moved its adoption:
H-1538
1 Amend Senate File 229, as amended, passed, and
2 reprinted by the senate, as follows:
3 1. Page 1, line 34, by inserting after the word
4 "officer." the following: "However, this paragraph
5 shall not apply to a violation of subsection 4,
6 paragraph "a"."
The committee amendment H-1538 was adopted.
Cormack of Webster 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. 229)
The ayes were, 97:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Corbett, Spkr. Cormack Dinkla
Dix Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege Frevert Garman Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
Holveck Houser Huseman Huser
Jacobs Jenkins Kinzer Klemme
Koenigs Kreiman Kremer Lamberti Larkin
Larson Lord Martin Mascher
May Mertz Metcalf Meyer
Millage Moreland Mundie Murphy
Myers Nelson O'Brien Osterhaus
Rants Rayhons Reynolds-Knight Richardson
Scherrman Schrader Siegrist Sukup
Taylor Teig Thomas Thomson
Tyrrell Van Fossen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 3:
Ford Jochum Shoultz
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 132, a bill for an act relating to state department
of transportation operations, including regulating hazardous
materials transport, regulating motor vehicle dealers,
eliminating requirements that the department adopt
administrative rules in certain instances, and establishing,
making applicable, or enhancing penalties, with report of
committee recommending amendment and passage, was taken up for
consideration.
Welter of Jones offered the following amendment H-1539 filed by
the committee on transportation and moved its adoption:
H-1539
1 Amend Senate File 132, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 27, by striking the figure
4 "321.166" and inserting the following: "321.105".
5 2. Page 3, lines 17 and 18, by striking the words
6 "have been are eligible to be" and inserting the
7 following: "have been".
8 3. Page 3, line 31, by striking the words "after
9 the expiration date of the person's" and inserting the
10 following: "with an expired".
11 4. Page 11, line 22, by striking the words "the
12 person renting the vehicle to obtain".
13 5. Page 12, by striking lines 7 through 15.
14 6. Page 20, lines 5 through 7, by striking the
15 words "or for operating a motor vehicle on the
16 highways of this state with an expired license or
17 permit under section 321.174A".
18 7. Page 20, line 7, by striking the word "twenty"
19 and inserting the following: "twenty one hundred".
20 8. Page 20, line 10, by striking the word
21 "paragraph" and inserting the following:
22 "paragraphs".
23 9. Page 20, by inserting after line 13, the
24 following:
25 "NEW PARAGRAPH. ae. For operating a motor vehicle
26 on the highways of this state with an expired motor
27 vehicle license pursuant to section 321.174A, the
28 scheduled fine is twenty dollars."
29 10. By renumbering as necessary.
The committee amendment H-1539 was adopted.
Heaton of Henry offered the following amendment H-1619 filed by
him and May of Worth and moved its adoption:
H-1619
1 Amend Senate File 132, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting after line 15 the
4 following:
5 "Sec. ___. Section 321.11, unnumbered paragraph 3,
6 Code 1997, is amended to read as follows:
7 Notwithstanding other provisions of this section to
8 the contrary, the department shall not release
9 personal information to a person, other than to an
10 officer or employee of a law enforcement agency or a
11 licensed private investigation agency or a licensed
12 security service or a licensed employee of either, if
13 the information is requested by the presentation of a
14 registration plate number. However, a law enforcement
15 agency may release the name, address, and telephone
16 number of a motor vehicle registrant to a person
17 requesting the information by the presentation of a
18 registration plate number if the law enforcement
19 agency believes that the information is necessary to
20 prevent an unlawful act. A person seeking the
21 information shall state in writing the nature of the
22 unlawful act that the person is attempting to
23 prevent."
24 2. By renumbering as necessary.
Amendment H-1619 was adopted.
Nelson of Marshall offered the following amendment H-1597 filed
by her and Weidman of Cass and moved its adoption:
H-1597
1 Amend Senate File 132, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 4, by inserting after line 32 the
4 following:
5 "Sec. ___. Section 321.249, Code 1997, is amended
6 to read as follows:
7 321.249 SCHOOL ZONES.
8 Cities and counties shall have the power to
9 establish school zones and provide for the stopping of
10 all motor vehicles approaching said the school
zones,
11 when movable stop signs have been placed in the
12 streets in such the cities and highways in counties
at
13 the limits of the zones, this notwithstanding the
14 provisions of any statute to the contrary. All
15 traffic-control devices provided for school zones
16 shall conform to specifications included in the manual
17 of traffic-control devices adopted by the department,
18 except the provision prohibiting the use of portable
19 or part-time stop signs."
20 2. By renumbering as necessary.
Amendment H-1597 was adopted.
Kreiman of Davis offered the following amendment H-1469 filed by
him and moved its adoption:
H-1469
1 Amend Senate File 132, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 11, by inserting after line 28, the
4 following:
5 "Sec. ___. Section 321.560, Code 1997, is amended
6 by adding the following new unnumbered paragraph:
7 A person who is determined to be a habitual
8 offender while the person's license is already revoked
9 for being a habitual offender under section 321.555
10 shall not be issued a license to operate a motor
11 vehicle in this state for a period of not less than
12 two years nor more than six years. The revocation
13 period may commence either on the date of the final
14 decision of the department under section 17A.19 or the
15 date on which the district court upholds the final
16 decision of the department, whichever occurs later, or
17 on the date the previous revocation expires."
18 2. By renumbering as necessary.
Amendment H-1469 was adopted.
Carroll of Poweshiek offered the following amendment H-1519
filed by Carroll, et al., and moved its adoption:
H-1519
1 Amend Senate File 132, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 15, by striking lines 15 through 26.
4 2. By renumbering as necessary.
Amendment H-1519 was adopted.
Carroll of Poweshiek offered the following amendment H-1537
filed by him and moved its adoption:
H-1537
1 Amend Senate File 132, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking page 15, line 27, through page 16,
4 line 14.
5 2. Page 19, by striking lines 25 through 35.
6 3. By renumbering as necessary.
Amendment H-1537 was adopted.
Welter of Jones asked and received unanimous consent to withdraw
amendment H-1565 filed by him on April 7, 1997.
Welter of Jones moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 132)
The ayes were, 100:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Corbett, Spkr. Cormack Dinkla Dix
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege Ford Frevert Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Holveck Houser Huseman
Huser Jacobs Jenkins Jochum
Kinzer Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson
Lord Martin Mascher May Mertz
Metcalf Meyer Millage Moreland
Mundie Murphy Myers Nelson
O'Brien Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor Teig
Thomas Thomson Tyrrell Van
Fossen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Van Maanen, Presiding
The nays were, none.
Absent or not voting, none.
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 229 and 132.
The House stood at ease at 9:48 a.m., until the fall of the
gavel.
The House resumed session at 10:25 a.m., Speaker Corbett in the
chair.
The Journal of Tuesday, April 8, 1997 was approved.
SENATE MESSAGE CONSIDERED
Senate File 533, by committee on appropriations, a bill for
an act relating to and making appropriations to the justice
system and providing effective dates.
Read first time and referred to committee on appropriations.
On motion by Gipp of Winneshiek, the House was recessed at 10:28
a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:08 p.m., Speaker Corbett in the chair.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 9, 1997, amended and passed the
following bill in which the concurrence of the House is asked:
House File 335, a bill for an act relating to public health
issues under the purview of the Iowa department of public
health, including vital statistics, the board of nursing
examiners, the board of dental examiners, lead poisoning, the
immunization registry, the child death review team, plumbing
provisions and fees, and providing a penalty and a contingent
effective date.
Also: That the Senate has on April 9, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 416, a bill for an act relating to regulation of
trucks and certain other large motor vehicles, including maximum
vehicle weights, defining terms, providing effective dates, and
making penalties applicable.
Also: That the Senate has on April 9, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 579, a bill for an act relating to the membership of
the medical assistance advisory council.
Also: That the Senate has on April 9, 1997, passed the following
bill in which the concurrence of the Senate was asked:
House File 688, a bill for an act relating to handicapped
parking permits by changing the term handicapped to the term
person with a disability and by providing for nonexpiring
removable windshield placards for persons with a lifelong
disability, eliminating the requirement that physicians or
chiropractors sign removable windshield placards, and
eliminating certain identification requirements for persons with
disabilities and providing an effective date and applicability
provisions.
Also: That the Senate has on April 9, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 692, a bill for an act relating to the criteria for
issuance of handicapped special plates and making a civil
penalty applicable.
Also: That the Senate has on April 9, 1997, passed the following
bill in which the concurrence of the Senate was asked:
House File 704, a bill for an act relating to substantive and
other provisions affecting the state department of
transportation and driver, motor vehicle, and highway
regulation, including the definition of road work zones,
registration fees for certain disaster relief vehicles,
providing grounds for refusing renewal
of vehicle registrations, regulation of intrastate motor
carriers, imposing fees, providing for an electronic titling and
registration program, creating, eliminating, or enhancing
penalties, and providing effective dates.
MARY PAT GUNDERSON, Secretary
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed fifty-six members present,
forty-four absent.
CONSIDERATION OF BILLS
Regular Calendar
Senate File 296, a bill for an act relating to nonoccupational
health care plan payments when an employer disputes workers'
compensation liability, with report of committee recommending
passage, was taken up for consideration.
Metcalf of Polk offered amendment H-1632 filed by her as follows:
H-1632
1 Amend Senate File 296, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting after line 11 the
4 following:
5 "Sec. ___. PAYMENT OF MEDICAL SERVICES TASK FORCE.
6 The industrial commissioner of the department of
7 workforce development shall establish a task force to
8 study and make recommendations concerning the issue of
9 the liability for payment for medical services
10 received by an employee where an employer denies
11 liability under the workers' compensation laws of this
12 state for such payment and a nonoccupational health
13 care plan covering the employee also denies liability
14 for payment. The members of the task force shall
15 include, but are not limited to, the insurance
16 commissioner and representatives of labor, business,
17 the health insurance industry, medical care providers,
18 and interested members of the legal profession. The
19 industrial commissioner shall submit a report
20 concerning the task force, including any
21 recommendations made, to the general assembly on or
22 before February 15, 1998."
23 2. Title page, by striking lines 1 and 2 and
24 inserting the following: "An Act concerning the
25 liability for payment of medical services provided to
26 an employee when workers' compensation coverage is
27 disputed by providing for payment by a nonoccupational
28 health care plan and by establishing a task force."
29 3. By renumbering as necessary.
Barry of Harrison rose on a point of order that amendment H-1632
was not germane.
The Speaker ruled the point well taken and amendment H-1632 not
germane.
Barry of Harrison 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. 296)
The ayes were, 99:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Brunkhorst Bukta
Burnett Carroll Cataldo Chapman
Chiodo Churchill Cohoon Connors
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Ford
Frevert Garman Gipp Greig
Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Holveck
Houser Huseman Huser Jacobs
Jenkins Jochum Kinzer Klemme
Koenigs Kreiman Kremer Lamberti
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy Myers Nelson O'Brien
Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Mr. Speaker
Corbett
The nays were, none.
Absent or not voting, 1:
Foege
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Unfinished Business Calendar
House File 634, a bill for an act relating to child and
dependent
adult abuse records checks by requiring checks for employment in
health care facilities and the department of inspections and
appeals, was taken up for consideration.
Brunkhorst of Bremer asked and received unanimous consent to
withdraw amendment H-1245 filed by him and Hahn of Muscatine on
March 19, 1997.
Martin of Scott offered the following amendment H-1526 filed by
her and moved its adoption:
H-1526
1 Amend House File 634 as follows:
2 1. By striking page 1, line 5, through page 3,
3 line 6, and inserting the following:
4 "1. On or after Beginning July 1, 1994
1997, with
5 regard to new applicants for licensure or employment,
6 if a person is being considered for licensure under
7 this chapter, or for employment involving direct
8 responsibility for a resident or with access to a
9 resident when the resident is alone, or if the person
10 considered for licensure or employment under this
11 chapter will reside prior to employment of a person
in
12 a facility, the facility may shall request that the
13 department of human services conduct public safety
14 perform criminal and child and dependent adult abuse
15 record checks of the person in this state and in
other
16 states, on a random basis. In addition, the
facility
17 may request that the department of human services
18 perform a child abuse record check in this state.
19 Beginning July 1, 1994 1997, a facility shall inform
20 all new applicants for employment persons prior to
21 employment of the possibility of regarding the
22 performance of a record check the records checks and
23 shall obtain, from the applicant persons, a signed
24 acknowledgment of the receipt of the information.
25 Additionally, on or after July 1, 1994, a facility
26 shall include the following inquiry in an application
27 for employment: "Do you have a record of founded
28 child or dependent adult abuse or have you ever been
29 convicted of a crime, in this state or any other
30 state?" If the person has been convicted of a crime
31 under a law of any state or has a record of founded
32 child or dependent adult abuse, the department of
33 human services shall perform an evaluation to
34 determine whether the crime or founded child or
35 dependent adult abuse warrants prohibition of
36 licensure, employment, or residence in the facility.
37 The evaluation shall be performed in accordance with
38 procedures adopted for this purpose by the department
39 of human services.
40 2. If the department of human services public
41 safety determines that a person has committed a crime
42 or has a record of founded child or dependent adult
43 abuse and is licensed, to be employed by in
a facility
44 licensed under this chapter, or resides in a licensed
45 facility, the department of public safety shall
notify
46 the licensee that an evaluation will be conducted by
47 the department of human services to determine whether
48 prohibition of the person's licensure, employment,
or
49 residence is warranted. If a department of human
50 services child abuse record check determines the
Page 2
1 person has a record of founded child abuse, the
2 department shall inform the licensee that an
3 evaluation will be conducted to determine whether
4 prohibition of the person's employment is warranted.
5 3. In an evaluation, the department of human
6 services shall consider the nature and seriousness of
7 the crime or founded child or dependent adult abuse in
8 relation to the position sought or held, the time
9 elapsed since the commission of the crime or founded
10 child or dependent adult abuse, the circumstances
11 under which the crime or founded child or dependent
12 adult abuse was committed, the degree of
13 rehabilitation, the likelihood that the person will
14 commit the crime or founded child or dependent adult
15 abuse again, and the number of crimes or founded child
16 or dependent adult abuses committed by the person
17 involved. The department of human services has final
18 authority in determining whether prohibition of the
19 person's licensure, employment, or residence is
20 warranted.
21 4. If the department of human services determines
22 that the person has committed a crime or has a record
23 of founded child or dependent adult abuse which
24 warrants prohibition of licensure, employment, or
25 residence, the person shall not be licensed under
this
26 chapter and shall not be employed by in a
facility or
27 reside in a facility licensed under this chapter.
28 Sec. ___. Section 235B.6, subsection 2, paragraph
29 e, Code 1997, is amended by adding the following new
30 subparagraph:
31 NEW SUBPARAGRAPH. (7) The department of public
32 safety for purposes of performing records checks
33 required under section 135C.33.
34 Sec. ___. HOME HEALTH SERVICES - REGULATORY
35 REQUIREMENTS. The departments of public health and
36 inspections and appeals shall review federal and state
37 requirements applicable to providers of homemaker,
38 home-health aide, home-care aide, hospice, and other
39 in-home services to persons with health problems. The
40 review shall include but is not limited to current and
41 proposed federal requirements for quality assurance,
42 fiscal information concerning the source of regulatory
43 funding, feasibility analysis of requiring criminal
44 and dependent adult abuse record checks of employees
45 of the providers, feasibility analysis of implementing
46 state regulation of the providers, and other
47 information deemed appropriate by the departments.
48 The departments shall submit a report of findings and
49 recommendations on or before December 15, 1997."
50 2. Title page, by striking lines 1 through 3 and
Page 3
1 inserting the following: "An Act relating to health
2 care facilities by requiring employment checks of
3 prospective health care facility employees."
4 3. By renumbering as necessary.
Amendment H-1526 was adopted.
SENATE FILE 523 SUBSTITUTED FOR HOUSE FILE 634
Martin of Scott asked and received unanimous consent to
substitute Senate File 523 for House File 634.
Senate File 523, a bill for an act relating to health care
facilities by requiring employment checks of prospective health
care facility employees, was taken up for consideration.
Brunkhorst of Bremer offered the following amendment H-1562
filed by him and Hahn of Muscatine and moved its adoption:
H-1562
1 Amend Senate File 523, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 12, by striking the words "the
4 facility" and inserting the following: "unless the
5 facility administrator personally knows the background
6 of the person, the facility administrator".
Amendment H-1562 lost.
Martin of Scott offered amendment H-1608 filed by Martin, et
al., as follows:
H-1608
1 Amend Senate File 523, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by inserting after line 33 the
4 following:
5 "5. If a facility or employer employs an
6 individual in good faith and with reasonable reliance
7 upon the report of the criminal and dependent adult
8 abuse record checks requested under this section, the
9 facility or employer shall not be liable in a tort or
10 other civil action for damages brought as the result
11 of injury, death, or loss to a person or property
12 caused by the individual while the individual is
13 employed in a facility solely because of the facility
14 or employer's reliance upon the record check report,
15 even if the information in the report is determined
16 later to be incomplete or inaccurate."
Boggess of Taylor in the chair at 2:12 p.m.
Martin of Scott asked and received unanimous consent to withdraw
amendment H-1608 filed by Martin, et al., on April 8, 1997.
Martin of Scott moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 523)
The ayes were, 96:
Arnold Barry Bell Bernau
Blodgett Boddicker Bradley Brand
Brauns Brunkhorst Bukta Burnett
Carroll Cataldo Chapman Chiodo
Churchill Cohoon Connors Corbett,
Spkr. Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege Ford
Frevert Garman Gipp Greig
Greiner Gries Grundberg Hahn
Hansen Holmes Holveck Huseman Huser
Jacobs Jenkins Jochum Kinzer
Klemme Koenigs Kreiman Kremer
Lamberti Larkin Larson Lord
Martin Mascher Mertz Metcalf
Meyer Millage Moreland Mundie Murphy
Myers Nelson O'Brien
Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman
Schrader Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Maanen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Boggess,
Presiding
The nays were, none.
Absent or not voting, 4:
Heaton Houser May Van Fossen
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 634 WITHDRAWN
Martin of Scott asked and received unanimous consent to withdraw
House File 634 from further consideration by the House.
SENATE AMENDMENT CONSIDERED
Churchill of Polk called up for consideration House File 655, a
bill for an act appropriating funds to the department of
economic development, certain board of regents institutions, the
department of workforce development, the public employment
relations board, making statutory changes, and providing an
effective date, amended by the Senate amendment H-1611 as
follows:
H-1611
1 Amend House File 655, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 2, line 30, by striking the figure
4 "6,846,466" and inserting the following: "6,796,466".
5 2. Page 3, by inserting after line 2 the
6 following:
7 "The department may allocate from the strategic
8 investment fund up to $100,000 for the microbusiness
9 rural enterprise assistance program under section
10 15.114."
11 3. Page 7, line 21, by striking the figure
12 "4,077,000" and inserting the following: "4,127,000".
13 4. Page 8, by striking lines 27 through 31.
14 5. Page 11, line 32, by striking the word
15 "industrial" and inserting the following: "labor".
16 6. Page 14, line 1, by inserting after the word
17 "plant" the following: "labor".
18 7. Page 15, by striking lines 29 and 30.
19 8. Page 16, line 3, by inserting after the word
20 "shelters." the following: "Of the moneys in the
21 fund, not less than five hundred forty-six thousand
22 dollars shall be spent annually on homeless shelter
23 projects."
24 9. Page 16, by inserting after line 15 the
25 following:
26 "Sec. ___. Section 260F.2, subsection 11, Code
27 1997, is amended to read as follows::
28 11. "Project" means a training arrangement which
29 is the subject of an agreement entered into between
30 the community college and a business to provide
31 program services. "Project" also means a department-
32 sponsored training arrangement which is sponsored by
33 the department and administered under sections 260F.6A
34 and 260F.6B."
35 10. Page 16, by striking line 21 and inserting
36 the following: "specified in section 260C.44 and
37 which may include both new and statewide
38 apprenticeship programs. Notwithstanding the
39 provisions of section 260F.6, subsection 2, relating
40 to maximum award amounts, moneys allocated to the".
41 11. Page 17, by inserting after line 25 the
42 following:
43 "Sec. ___. To the extent possible, the
44 administrative rules for the high technology
45 apprenticeship programs authorized in section 260F.6B
46 shall be generally consistent with the current
47 administrative rules in 261 IAC ch. 17, with the
48 exception that the definition of "currently existing
49 program" shall be stricken."
50 12. Page 18, line 13, by striking the figure
Page 2
1 "375" and inserting the following: "652".
2 13. Page 18, line 16, by striking the word
3 "liquidate" and inserting the following: "provide for
4 the orderly liquidation of".
5 14. Page 18, line 20, by striking the figure
6 "375" and inserting the following: "652".
7 15. Page 18, by striking line 22 and inserting
8 the following:
9 "Sec. 200. HOUSING ASSISTANCE INTERIM STUDY. As".
10 16. Page 18, by striking lines 25 and 26 and
11 inserting the following: "opportunity to learn about
12 housing assistance organizations. By".
13 17. By striking page 18, line 29, through page
14 19, line 9, and inserting the following:
15 "Sec. ___. HOUSING ASSISTANCE INFORMATION. By
16 October 15, 1997, all housing assistance organizations
17 in Iowa are requested to submit a report to the
18 secretary of the senate and the chief clerk of the
19 house of representatives based on such information as
20 is needed for the interim study requested in section
21 200."
22 18. Page 19, by striking lines 20 and 21 and
23 inserting the following:
24 "Sec. ___. EFFECTIVE DATE. Sections 23 and 24 of
25 this Act, being deemed of immediate importance, take
26 effect upon enactment."
27 19. By renumbering, relettering, or redesignating
28 and correcting internal references as necessary.
Dotzler of Black Hawk offered the following amendment H-1643, to
the Senate amendment H-1611, filed by him and Holveck of Polk
from the floor and moved its adoption:
H-1643
1 Amend the Senate amendment, H-1611, to House File
2 655, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by striking line 13.
5 2. By renumbering as necessary.
Amendment H-1643, to the Senate amendment H-1611, was adopted.
On motion by Churchill of Polk, the House concurred in the
Senate amendment H-1611, as amended.
Churchill of Polk moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 655)
The ayes were, 94:
Arnold Barry Bell Blodgett
Boddicker Bradley Brand Brauns
Brunkhorst Bukta Burnett Carroll
Cataldo Chapman Chiodo Churchill
Cohoon Connors Corbett, Spkr.
Cormack Dinkla Dix Doderer
Dolecheck Dotzler Drake Eddie
Falck Foege Ford Frevert Garman
Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton Holmes
Holveck Houser Huseman Huser
Jacobs Jenkins Jochum Klemme
Koenigs Kremer Lamberti Larkin
Larson Lord Martin Mascher
May Mertz Metcalf Meyer
Millage Mundie Murphy Myers
Nelson O'Brien Osterhaus Rants
Rayhons Reynolds-Knight Richardson Scherrman
Schrader Shoultz Siegrist Sukup
Taylor Teig Thomas Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Boggess,
Presiding
The nays were, 6:
Bernau Drees Fallon Kinzer
Kreiman Moreland
Absent or not voting, none.
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 296, 523 and House File 655.
Appropriations Calendar
Senate File 391, a bill for an act relating to and making
appropriations to the state department of transportation,
including allocation and use of moneys from the general fund of
the state, road use tax fund, and primary road fund, providing
for the nonreversion of certain moneys, establishing a toll-free
road and weather reporting system, eliminating the motor vehicle
use tax as the funding source for the value-added agricultural
products and processes financial assistance program and the
renewable fuels and coproducts fund, and providing for the
designation of access Iowa highways, and providing effective
dates, with report of committee recommending passage, was taken
up for consideration.
Murphy of Dubuque offered the following amendment H-1368 filed
by Murphy, et al., and moved its adoption:
H-1368
1 Amend Senate File 391, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, line 4, by inserting after the word
4 "senate" the following: "in consultation with the
5 minority leader in each house".
Amendment H-1368 was adopted.
Garman of Story offered the following amendment H-1591 filed by
her and moved its adoption:
H-1591
1 Amend Senate File 391, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, by striking lines 12 through 16.
4 2. Title page, lines 5 and 6, by striking the
5 words "establishing a toll-free road and weather
6 reporting system,".
7 3. By renumbering as necessary.
Amendment H-1591 lost.
Brand of Tama offered the following amendment H-1625 filed by
him and moved its adoption:
H-1625
1 Amend Senate File 391, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 4, by inserting after line 14 the
4 following:
5 "The department shall use a portion of the moneys
6 appropriated under this subsection to alleviate safety
7 problems associated with the pedestrian walkway under
8 state highway 150 near the Iowa school for the blind
9 in Vinton."
Amendment H-1625 lost.
Huser of Polk offered the following amendment H-1370 filed by
Huser, et al., and moved its adoption:
H-1370
1 Amend Senate File 391, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 6, by striking lines 10 through 13.
4 2. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 50, nays 36.
Amendment H-1370 was adopted.
Koenigs of Mitchell offered amendment H-1369 filed by him as
follows:
H-1369
1 Amend Senate File 391, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking page 7, line 33, through page 8,
4 line 19.
5 2. Title page, lines 9 and 10, by striking the
6 words "and providing for the designation of access
7 Iowa highways,".
8 3. By renumbering as necessary.
Speaker Corbett in the chair at 3:31 p.m.
Grundberg of Polk asked and received unanimous consent to
withdraw amendment H-1650, to amendment H-1369, filed by her
from the floor.
Koenigs of Mitchell moved the adoption of amendment H-1369.
A non-record roll call was requested.
The ayes were 49, nays 32.
Amendment H-1369 was adopted.
Bernau of Story asked and received unanimous consent that
amendment H-1623 be deferred.
Cohoon of Des Moines offered amendment H-1624 filed by him and
May of Worth as follows:
H-1624
1 Amend Senate File 391, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 8, by inserting after line 19 the
4 following:
5 "Sec. ___. Section 314.22, Code 1997, is amended
6 by adding the following new subsection:
7 NEW SUBSECTION. 3A. The integrated roadside
8 vegetation management technical advisory committee
9 shall establish a series of demonstration projects
10 beginning in September 1997, on the backslopes along
11 interstates or other four-lane highways in rural areas
12 in this state using native prairie grasses or
13 forestation in order to reduce the need to mow and
14 maintain those areas, except for noxious weed control.
15 The department shall report to the general assembly
16 regarding the demonstration projects in accordance
17 with subsection 3."
18 2. Title page, line 9, by inserting after the
19 word "fund," the following: "providing for
20 demonstration projects by the department,".
21 3. By renumbering as necessary.
Brauns of Muscatine rose on a point of order that amendment
H-1624 was not germane.
The Speaker ruled the point well taken and amendment H-1624 not
germane.
Brand of Tama offered amendment H-1623, previously deferred,
filed by him as follows:
H-1623
1 Amend Senate File 391, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 8, by inserting after line 19 the
4 following:
5 "Sec. ___. NEW SECTION. 321L.2A WHEELCHAIR LIFT
6 WARNING CONE.
7 The department shall, upon the request of a person
8 issued a handicapped parking permit under section
9 321L.2 who operates a motor vehicle with a wheelchair
10 lift, provide the person with a traffic cone bearing
11 the international symbol of accessibility and the
12 words "wheelchair lift space"."
13 2. By renumbering as necessary.
Brauns of Muscatine rose on a point of order that amendment
H-1623 was not germane.
The Speaker ruled the point well taken and amendment H-1623 not
germane.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Sukup of Franklin, until his arrival, on request of Siegrist of
Pottawattamie.
Brauns of Muscatine moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 391)
The ayes were, 74:
Arnold Barry Bernau Blodgett
Boddicker Boggess Bradley Brauns
Brunkhorst Bukta Burnett Carroll
Cataldo Chapman Chiodo Dinkla
Dix Doderer Dolecheck
Dotzler Drake Eddie Falck Ford
Garman Greig Greiner Gries
Grundberg Hahn Hansen Heaton
Holmes Holveck Houser Huseman
Jacobs Jenkins Jochum Klemme
Koenigs Kremer Lamberti Larkin
Larson Lord Martin May
Mertz Metcalf Meyer Millage
Mundie Murphy Nelson Osterhaus Rayhons
Richardson Scherrman Shoultz Siegrist
Taylor Teig Thomas Thomson
Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Weidman Weigel
Welter Mr. Speaker
Corbett
The nays were, 21:
Bell Brand Cohoon Cormack
Drees Fallon Foege Frevert
Kinzer Kreiman Mascher Moreland
Myers O'Brien Rants
Reynolds-Knight Schrader Warnstadt Whitead
Wise Witt
Absent or not voting, 5:
Churchill Connors Gipp Huser
Sukup
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 391 be immediately messaged to the Senate.
Larson of Linn in the chair at 4:14 p.m.
Unfinished Business Calendar
House File 715, a bill for an act relating to appropriations for
the department of human services and the prevention of
disabilities policy council and including other provisions and
appropriations involving human services and health care, and
providing for effective and applicability dates, was taken up
for consideration.
The House stood at ease at 4:20 p.m., until the fall of the
gavel.
The House resumed session at 5:26 p.m., Van Fossen of Scott in
the chair.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 9, 1997, passed the following bill in
which the concurrence of the Senate was asked:
House File 275, a bill for an act relating to trademarks and
service marks registered with the secretary of state.
Also: That the Senate has on April 9, 1997, passed the following
bill in which the concurrence of the Senate was asked:
House File 354, a bill for an act relating to activities of a
foreign corporation which do not constitute doing business in or
deriving income from the state for state tax purposes and
including effective and retroactive applicability date
provisions.
Also: That the Senate has on April 9, 1997, passed the following
bill in which the concurrence of the Senate was asked:
House File 545, a bill for an act relating to the criteria for
placement of delinquent children, for whom guardianship has been
transferred to the director of human services, in certain
facilities.
MARY PAT GUNDERSON, Secretary
The House resumed consideration of House File 715.
Houser of Pottawattamie offered amendment H-1626 filed by
Houser, et al., as follows:
H-1626
1 Amend House File 715 as follows:
2 1. Page 1, line 11, by inserting after the figure
3 "239" the following: "or the JOBS program under
4 chapter 249C".
5 2. Page 2, line 5, by striking the figure "408"
6 and inserting the following: "103".
7 3. Page 3, line 10, by striking the figure "239C"
8 and inserting the following: "249C".
9 4. Page 3, by striking lines 18 through 20 and
10 inserting the following:
11 "5. For local administrative costs:"
12 5. Page 3, by striking line 22 and inserting the
13 following:
14 "6. For replacement of reductions in the federal
15 social services block grant with federal TANF block
16 grant funds, except for the allocation to child care:"
17 6. Page 5, by striking line 34 and inserting the
18 following:
19 " $ 4,546,031"
20 7. Page 6, by striking lines 24 through 27 and
21 inserting the following: "incentives. The department
22 shall make recommendations on or before January 15,
23 1998, regarding the potential benefits of expanding
24 the initiative. The department may adopt emergency
25 administrative rules in order to implement the
26 provisions of this subparagraph."
27 8. Page 6, by striking lines 33 and 34 and
28 inserting the following:
29 "(3) For assistance associated with elimination of
30 the employment earnings disregard period when
31 determining the effective date of assistance for
32 unemployed parent families."
33 9. Page 7, by striking lines 1 through 6.
34 10. Page 7, line 26, by inserting after the word
35 "adopt" the following: "emergency".
36 11. Page 7, line 27, by inserting after the word
37 "programs" the following: ", if necessary,".
38 12. By striking page 7, line 35, through page 8,
39 line 1, and inserting the following: "skills (JOBS)
40 program in 1996 Iowa Acts, chapter 1213, section 7,
41 which remain unobligated or".
42 13. Page 8, by striking line 5 and inserting the
43 following:
44 "9. Not more than the".
45 14. Page 10, by inserting after line 3 the
46 following:
47 " . Of the funds appropriated in this section,
48 $10,000 is allocated to the community voice mail
49 program to continue the existing program. The funds
50 shall be made available beginning July 1, 1997."
Page 2
1 15. Page 15, line 23, by inserting after the word
2 "contract" the following: "for mental health or
3 substance abuse services".
4 16. Page 19, line 10, by striking the figure
5 "100" and inserting the following: "110".
6 17. Page 25, line 19, by inserting before the
7 word "managed" the following: "existing".
8 18. Page 25, by inserting after line 25 the
9 following:
10 "f. It is the intent of the general assembly that
11 of the statewide expenditure target established in
12 this subsection, the moneys allocated in accordance
13 with section 232.143 as the budget target to each of
14 the department's regions shall constitute the region's
15 annual budget for group foster care. The
16 representatives appointed by the department of human
17 services and the juvenile court to establish the plan
18 to contain expenditures for children placed in group
19 foster care ordered by the court within the budget
20 target allocated to the region shall establish the
21 plan in a manner so as to ensure the moneys allocated
22 to the region under section 232.141 shall last the
23 entire fiscal year."
24 19. Page 28, line 7, by striking the words "a
25 outcomes-based" and inserting the following:
26 "juvenile court, and other interested parties, an
27 outcomes-based".
28 20. Page 29, line 14, by inserting after the
29 figure "1998." The following: "The department may
30 adopt emergency administrative rules to implement this
31 subsection."
32 21. Page 29, by striking lines 23 through 25 and
33 inserting the following: "regarding the development
34 of a new model for determining rehabilitative needs in
35 place of clinical assessment and treatment teams. The
36 department shall implement the new model on or before
37 June 30, 1998, in a manner so as to reduce".
38 22. Page 29, by inserting after line 28 the
39 following:
40 " . The department shall adopt and implement
41 emergency rules to provide for user fees for
42 international and private adoptions. The fees
43 collected shall be deposited in the adoption
44 administrative fund and shall be used to provide these
45 services."
46 23. Page 36, line 23, by inserting before the
47 word "cost" the following: "a cost increase to the
48 state or".
49 24. Page 36, line 24, by inserting after the word
50 "the" the following: "state, the".
Page 3
1 25. Page 37, by striking lines 12 through 16, and
2 inserting the following:
3 "(3) For the initial year of the pilot project,
4 the federal share of the reimbursement for
5 depreciation shall be deposited in the general fund of
6 the state. The institution shall develop a report
7 detailing the items for which these funds would have
8 been utilized and shall include this report with the
9 preliminary report submitted pursuant to subparagraph
10 (5) in January 1998."
11 26. Page 37, by striking lines 17 through 20 and
12 inserting the following:
13 "(4) For the purposes of allocating the salary
14 adjustment fund moneys appropriated in another Act,
15 the state hospital-school at Glenwood shall be
16 considered to be funded entirely with state moneys."
17 27. Page 38, line 1, by inserting after the word
18 "services" the following: "in a manner which does not
19 shift costs between the medical assistance program,
20 counties, or other sources of funding for the state-
21 hospital schools".
22 28. Page 38, line 31, by inserting after the word
23 "program" the following: ", of which not more than
24 $30,000 shall be used for administrative costs".
25 29. Page 39, by striking line 25 and inserting
26 the following:
27 " $ 7,070,000"
28 30. By striking page 43, line 33, through page
29 44, line 7, and inserting the following: "area. Not
30 more than $36,400 shall be used for administrative
31 costs. The pilot project and any federal home and
32 community-based waiver developed under the medical
33 assistance program shall not be implemented in a
34 manner which would require additional county or state
35 costs for assistance provided to an individual served
36 under the pilot project or the waiver.
37 It is the intent of the general assembly that for
38 any new applicants for personal assistance, priority
39 shall be given to providing assistance to individuals
40 for education, job training, and other forms of
41 employment support. It is also the intent of the
42 general assembly that if other programs become
43 available which provide similar services, current
44 recipients of personal assistance for whom these
45 similar services are appropriate shall be assisted in
46 attaining eligibility for these programs."
47 31. Page 44, by striking line 33 and inserting
48 the following:
49 " $ 14,100,000"
50 32. Page 44, line 35, by striking the figure "1."
Page 4
1 33. Page 45, by striking lines 3 through 8.
2 34. Page 48, by striking lines 27 and 28, and
3 inserting the following: "a manner so that there is
4 not a rate reimbursement deviation between
5 nonregistered and registered child day care home
6 providers".
7 35. Page 50, line 31, by inserting after the word
8 "rights," the following: "justice system,".
9 36. By striking page 50, line 33, through page
10 51, line 23, and inserting the following:
11 "Sec. ___. SERVICES RESTRUCTURING TASK FORCE.
12 1. The legislative council is requested to
13 continue the task force established for the 1996
14 interim of the general assembly in order to develop a
15 comprehensive proposal to accomplish all of the
16 following:
17 a. Devolution of the control of service delivery
18 to the local level.
19 b. Elimination of program duplication within the
20 department of human services and between the
21 department of human services and other departments
22 including but not limited to the Iowa department of
23 public health, the department of education, and the
24 judicial department.
25 c. Reduction of paperwork, red-tape, and
26 bureaucracy to improve the quality of services
27 delivery and consumer satisfaction.
28 d. Evaluation of the adherence of the department of
29 human services to the department's mission statement.
30 2. In addition, the task force may address the
31 following topics: granting local authority to deliver
32 public services, use of public institutions and
33 facilities, the possibility of creating an agency for
34 disability and rehabilitation services, and
35 development of a "seamless" system for referral of
36 families to child day care resources and public
37 financial assistance and collaborative programs."
38 37. Page 51, line 27, by striking the word
39 "January" and inserting the following: "July".
40 38. Page 52, line 2, by inserting after the word
41 "care," the following: "in-home services and other
42 support,".
43 39. Page 52, by striking lines 10 through 18 and
44 inserting the following:
45 "Sec. ___. MENTAL HEALTH - CHILDREN. The mental
46 health and developmental disabilities commission, the
47 council on human services, and the state-county
48 management committee, shall review mental health
49 services for children with the goal of assuring
50 coordination and provision of effective services. The
Page 5
1 commission, council, and committee shall submit a
2 report of findings and recommendations, which shall
3 include recommendations for proposed legislation, to
4 the general assembly on or before December 15, 1997."
5 40. Page 52, by inserting after line 30 the
6 following:
7 "1A. For emergency assistance."
8 41. Page 52, by inserting after line 34 the
9 following:
10 "This section shall not be construed to prohibit
11 existing state transfer authority for other purposes."
12 42. Page 53, line 24, by inserting after the word
13 "funding," the following: "and section 3, subsection
14 8, relating to remaining unobligated or unexpended
15 funds for the JOBS program,".
16 43. Page 53, line 25, by striking the word
17 "takes" and inserting the following: "take".
Jacobs of Polk offered the following amendment H-1654, to
amendment H-1626, filed by her from the floor and moved its
adoption:
H-1654
1 Amend the amendment, H-1626, to House File 715 as
2 follows:
3 1. Page 2, by inserting after line 3 the
4 following:
5 " . Page 18, line 16, by inserting after the
6 word "services." the following: "Effective October 1,
7 1997, the department shall increase to 125 percent the
8 maximum federal poverty level used to determine
9 eligibility for state child care assistance.""
10 2. By renumbering as necessary.
Amendment H-1654 was adopted.
Houser of Pottawattamie asked and received unanimous consent to
withdraw amendment H-1649, to amendment H-1626, filed by him
from the floor.
Houser of Pottawattamie offered the following amendment H-1652,
to amendment H-1626, filed by him from the floor and moved its
adoption:
H-1652
1 Amend the amendment, H-1626, to House File 715 as
2 follows:
3 1. Page 2, by striking lines 6 and 7.
4 2. Page 3, by striking lines 3 through 10 and
5 inserting the following:
6 ""(3) For the initial year of the pilot project,
7 the institution shall develop a report detailing the
8 items for which depreciation reimbursement funds would
9 have been utilized if the depreciation reimbursement
10 had been retained by the institution. This report
11 shall be included with the preliminary report
12 submitted pursuant to subparagraph (5) in January
13 1998.""
14 3. Page 4, by striking lines 2 through 6, and
15 inserting the following:
16 " . Page 48, line 28, by inserting after the
17 word "registered." the following: "The department
18 shall review the effects of providing a rate
19 reimbursement incentive on child day care availability
20 including but not limited to any change in the number
21 of providers who are registered and the effect on
22 access to providers in rural and urban areas. The
23 department shall report the findings of the review to
24 the general assembly on or before January 2, 1998.""
25 4. By renumbering as necessary.
Amendment H-1652, to amendment H-1626, was adopted.
Rants of Woodbury offered the following amendment H-1634, to
amendment H-1626, filed by him and moved its adoption:
H-1634
1 Amend the amendment, H-1626, to House File 715 as
2 follows:
3 1. Page 3, by striking line 27 and inserting the
4 following:
5 " $ 6,910,000"
6 . Page 43, by inserting after line 21 the
7 following:
8 "Sec. ___. PROVIDER REIMBURSEMENT - SHELTERED
9 WORKSHOPS - WORK ACTIVITY SERVICES. There is
10 appropriated from the general fund of the state to the
11 department of human services for the fiscal year
12 beginning July 1, 1997, and ending June 30, 1998, the
13 following amount, or so much thereof as is necessary,
14 to be used for the purpose designated:
15 For payment of an increased provider reimbursement
16 for sheltered workshops and work activity services:
17 $ 160,000
18 The moneys appropriated in this section shall be
19 allocated to counties in accordance with the
20 methodology for distribution of local purchase of
21 services moneys in section 22, subsection 6, paragraph
22 "f", of this Act. The moneys provided pursuant to
23 this section shall be used to pay the increase in
24 reimbursement rates by one percent over the
25 reimbursement rate provided on June 30, 1997, for
26 sheltered workshops and work activity services.""
27 2. By renumbering as necessary.
Amendment H-1634, to amendment H-1626 was adopted, placing
amendment H-1630 out of order.
Ford of Polk offered the following amendment H-1642, to
amendment H-1626, filed by him and Brand of Tama from the floor
and moved its adoption:
H-1642
1 Amend the amendment, H-1626, to House File 715 as
2 follows:
3 1. Page 5, by inserting after line 11 the
4 following:
5 " . Page 52, by inserting after line 34, the
6 following:
7 "Sec. ___. YOUTH SERVICES DEPARTMENT - STUDY.
8 The legislative council is requested to establish an
9 interim study committee consisting of members of both
10 political parties from both houses of the general
11 assembly to consider whether a separate state
12 department for youth services should be established.
13 The study may include, but is not limited to, a review
14 of existing programs and services provided to
15 juveniles in this state and the funding mechanisms for
16 those programs and services; identifying the various
17 agencies currently involved in the delivery of those
18 programs and services to juveniles; identifying areas
19 in which programs and services overlap; reviewing the
20 approaches used and experiences of other states in
21 delivering juvenile services; and receiving testimony
22 from agency staff, service providers, and youth
23 services advocates on issues deemed relevant to the
24 delivery of juvenile services in this state. The
25 committee may be authorized to hire a consultant to
26 provide the background information requested by the
27 committee. The committee should be directed to submit
28 its findings, together with any recommendations, in a
29 report to the general assembly session which convenes
30 in January 1998.""
31 2. By renumbering as necessary.
Amendment H-1642, to amendment H-1626, was adopted.
Shoultz of Black Hawk offered the following amendment H-1659, to
amendment H-1626, filed by him from the floor and moved its
adoption:
H-1659
1 Amend the amendment, H-1626, to House File 715 as
2 follows:
3 1. Page 2, by striking lines 8 through 23.
4 2. By renumbering as necessary.
Amendment H-1659 lost.
Shoultz of Black Hawk offered the following amendment H-1661, to
amendment H-1626, filed by him from the floor and moved its
adoption:
H-1661
1 Amend the amendment, H-1626, to House File 715 as
2 follows:
3 1. Page 2, by inserting before line 24 the
4 following:
5 "___. Page 25, line 34, by striking the word
6 "The" and inserting the following: "Of the funds
7 appropriated in this section, $872,500 is allocated
8 for purposes of section 232.142, subsection 3, unless
9 an enactment of the Seventy-seventh General Assembly,
10 1997 Session, establishes a new Code chapter 911A
11 providing for a jail, courthouse security, and
12 juvenile detention and runaway assessment facility
13 surcharge, in which case the"."
14 2. By renumbering as necessary.
Amendment H-1661 lost.
Houser of Pottawattamie moved the adoption of amendment H-1626,
as amended.
Amendment H-1626, as amended, was adopted placing out of order
amendment H-1615.
Wise of Lee offered the following amendment H-1629 filed by him
and moved its adoption:
H-1629
1 Amend House File 715 as follows:
2 1. Page 1, by striking line 14, and inserting the
3 following:
4 " $ 11,460,000"
5 2. Page 1, line 33, by striking the figure
6 "6,832,592" and inserting the following: "9,232,592".
Roll call was requested by Murphy of Dubuque and Wise of Lee.
On the question "Shall amendment H-1629 be adopted?" (H.F. 715)
The ayes were, 46:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo Cohoon
Connors Doderer Dotzler Drees
Falck Fallon Foege Ford
Frevert Holveck Huser Jochum
Kinzer Koenigs Kreiman Larkin
Mascher May Mertz Moreland
Mundie Murphy Myers O'Brien
Osterhaus Reynolds-Knight Richardson Scherrman
Schrader Shoultz Taylor Thomas
Warnstadt Weigel Whitead Wise
Witt
The nays were, 51:
Arnold Barry Blodgett Boddicker
Boggess Brauns Brunkhorst Carroll
Churchill Corbett, Spkr. Cormack Dix
Dolecheck Drake Eddie Garman
Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
Houser Huseman Jacobs Jenkins
Klemme Kremer Lamberti Larson
Lord Martin Metcalf Meyer Millage
Nelson Rants Rayhons Siegrist
Sukup Teig Thomson Tyrrell
Van Maanen Vande Hoef Veenstra
Weidman Welter Van Fossen,
Presiding
Absent or not voting, 3:
Bradley Dinkla Gipp
Amendment H-1629 lost.
Jochum of Dubuque offered the following amendment H-1627 filed
by her and moved its adoption:
H-1627
1 Amend House File 715 as follows:
2 1. By striking page 1, line 35, through page 2,
3 line 1, and inserting the following:
4 "Sec. ___. HOST HOMES. There is appropriated from
5 the general fund of the state to the department of
6 human services for the fiscal year beginning July 1,
7 1997, and ending June 30, 1998, the following amount,
8 or so much thereof as is necessary, to be used for the
9 purpose designated:
10 For implementation of host homes in accordance with
11 this section:
12 $ 500,000
13 The department shall use the moneys appropriated in
14 this section for grants to increase the availability".
15 2. By renumbering as necessary.
Roll call was requested by Wise of Lee and Murphy of Dubuque.
On the question "Shall amendment H-1627 be adopted?" (H.F. 715)
The ayes were, 46:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Holveck Huser
Jochum Kinzer Koenigs Kreiman
Larkin Mascher May Mertz
Moreland Mundie Murphy Myers
O'Brien Osterhaus Reynolds-Knight Richardson
Scherrman Schrader Shoultz Taylor Thomas
Warnstadt Weigel Whitead Wise
Witt
The nays were, 53:
Arnold Barry Blodgett Boddicker
Boggess Brauns Brunkhorst Carroll
Churchill Corbett, Spkr. Cormack Dinkla
Dix Dolecheck Drake Eddie
Garman Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Houser Huseman
Jacobs Jenkins Klemme Kremer
Lamberti Larson Lord Martin
Metcalf Meyer Millage Nelson
Rants Rayhons Siegrist Sukup
Teig Thomson Tyrrell Van Maanen
Vande Hoef Veenstra Weidman Welter
Van Fossen,
Presiding
Absent or not voting, 1:
Bradley
Amendment H-1627 lost.
Murphy of Dubuque offered the following amendment H-1612 filed
by him and moved its adoption:
H-1612
1 Amend House File 715 as follows:
2 1. Page 5, by striking line 30 and inserting the
3 following:
4 " $ 1,448,400".
Van Maanen of Marion in the chair at 7:26 p.m.
Roll call was requested by Murphy of Dubuque and Chiodo of Polk.
On the question "Shall amendment H-1612 be adopted?" (H.F. 715)
The ayes were, 46:
Bell Bernau Brand Bukta Burnett
Cataldo Chapman Chiodo Cohoon
Connors Doderer Dotzler
Drees Falck Fallon Foege Ford
Frevert Holveck Huser Jochum
Kinzer Koenigs Kreiman Larkin
Mascher May Mertz Moreland Mundie
Murphy Myers O'Brien Osterhaus
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Taylor Thomas Warnstadt
Weigel Whitead Wise Witt
The nays were, 53:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst Carroll
Churchill Corbett, Spkr. Cormack
Dinkla Dix Dolecheck Drake
Eddie Garman Gipp Greig
Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Houser
Huseman Jacobs Jenkins Klemme
Kremer Lamberti Larson Martin
Metcalf Meyer Millage Nelson
Rants Rayhons Siegrist Sukup
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Weidman Welter
Van Maanen,
Presiding
Absent or not voting, 1:
Lord
Amendment H-1612 lost.
Murphy of Dubuque offered the following amendment H-1613 filed
by him and moved its adoption:
H-1613
1 Amend House File 715 as follows:
2 1. Page 8, by inserting after line 24 the
3 following:
4 "f. All remaining moneys shall be used as
5 additional funding for child day care, JOBS program
6 benefits, and other direct services to persons
7 receiving family investment program assistance during
8 the fiscal year beginning July 1, 1997."
Roll call was requested by Murphy of Dubuque and Scherrman of
Dubuque.
On the question "Shall amendment H-1613 be adopted?" (H.F. 715)
The ayes were, 47:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Hahn Holveck
Huser Jochum Kinzer Koenigs
Kreiman Larkin Mascher May
Mertz Moreland Mundie Murphy
Myers O'Brien Osterhaus
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Taylor Thomas Warnstadt
Weigel Whitead Wise Witt
The nays were, 53:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Churchill Corbett, Spkr. Cormack
Dinkla Dix Dolecheck Drake
Eddie Garman Gipp Greig
Greiner Gries Grundberg Hansen
Heaton Holmes Houser Huseman
Jacobs Jenkins Klemme Kremer
Lamberti Larson Lord Martin
Metcalf Meyer Millage Nelson
Rants Rayhons Siegrist Sukup
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Weidman Welter
Van Maanen,
Presiding
Absent or not voting, none.
Amendment H-1613 lost.
Jochum of Dubuque offered amendment H-1614 filed by her and
Dotzler of Black Hawk as follows:
H-1614
1 Amend House File 715 as follows:
2 1. Page 8, by inserting after line 31 the
3 following:
4 "11. The department shall monitor and assess the
5 impacts from the social services changes implemented
6 pursuant to the federal Personal Responsibility and
7 Work Opportunity Reconciliation Act of 1996, Pub. L.
8 No. 104-193. The monitoring and assessments shall
9 include but are not limited to eligibility changes
10 involving legal immigrants, federal supplemental
11 security income (SSI), and food stamps and the impacts
12 of the changes upon state and local jurisdictions.
13 The assessment shall include consideration of
14 eligibility provisions and public expenditures prior
15 to the implementation of the federal law and the
16 effects of the eligibility changes upon former
17 recipients and public expenditures following
18 implementation of the federal law."
19 2. By renumbering as necessary.
Jochum of Dubuque offered the following amendment H-1651, to
amendment H-1614, filed by her from the floor and moved its
adoption:
H-1651
1 Amend the amendment, H-1614, to House File 715 as
2 follows:
3 1. Page 1, line 18, by inserting after the word
4 "law." the following: "The department shall report to
5 the general assembly on or before January 12, 1998,
6 regarding the monitoring, assessments, and
7 consideration of the effects of the federal law."
Amendment H-1651, to amendment H-1614, was adopted.
Jochum of Dubuque moved the adoption of amendment H-1614, as
amended.
A non-record roll call was requested.
The ayes were 44, nays 50.
Amendment H-1614, as amended, lost.
Weigel of Chickasaw offered amendment H-1620 filed by him as
follows:
H-1620
1 Amend House File 715 as follows:
2 1. Page 15, by inserting after line 2 the
3 following:
4 " . Of the funds appropriated in this section,
5 $1,088,839, which is the savings realized under the
6 medical assistance program due to a reduced estimate
7 of the number of bed days utilized by nursing facility
8 residents because of the expansion of case management
9 services, shall be transferred to the department of
10 elder affairs prior to the close of the fiscal year to
11 be used by the department of elder affairs for case
12 management services. Notwithstanding section 8.33,
13 moneys transferred pursuant to this subsection shall
14 not revert to the general fund of the state at the
15 close of the fiscal year but shall remain available
16 and used for the purpose designated in the succeeding
17 fiscal year."
Weigel of Chickasaw offered the following amendment H-1658, to
amendment H-1620, filed by him from the floor and moved its
adoption:
H-1658
1 Amend the amendment, H-1620, to House File 715 as
2 follows:
3 1. Page 1, line 5, by striking the figure
4 "1,088,839" and inserting the following: "500,000".
Amendment H-1658, to amendment H-1620, was adopted.
Weigel of Chickasaw moved the adoption of H-1620, as amended.
Amendment H-1620, as amended, lost.
Brand of Tama offered the following amendment H-1628 filed by
him and moved its adoption:
H-1628
1 Amend House File 715 as follows:
2 1. Page 15, by inserting after line 2 the
3 following:
4 " . The department shall provide health
5 insurance to children who were previously recipients
6 of federal supplemental security income (SSI) but who,
7 due to the provisions of the federal Personal
8 Responsibility and Work Opportunity Reconciliation Act
9 of 1996, Pub. L. No. 104-193, have lost their
10 eligibility for SSI, are no longer categorically
11 eligible for medical assistance, and are not otherwise
12 eligible for medical assistance."
13 2. By renumbering as necessary.
Roll call was requested by Brand of Tama and Witt of Black Hawk.
On the question "Shall amendment H-1628 be adopted?" (H.F. 715)
The ayes were, 45:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Doderer Dotzler
Falck Fallon Foege Ford
Frevert Holveck Huser Jochum
Kinzer Koenigs Kreiman Larkin
Mascher May Mertz Moreland
Mundie Murphy Myers O'Brien
Osterhaus Reynolds-Knight Richardson Scherrman
Schrader Shoultz Taylor Thomas
Warnstadt Weigel Whitead Wise
Witt
The nays were, 54:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brunkhorst Carroll
Churchill Corbett, Spkr. Cormack Dinkla
Dix Dolecheck Drake Drees
Eddie Garman Gipp Greig
Greiner Gries Grundberg Hahn
Hansen Heaton Holmes Houser
Huseman Jacobs Jenkins Klemme
Kremer Lamberti Larson Lord
Martin Metcalf Meyer Millage
Nelson Rants Rayhons Siegrist Sukup
Teig Thomson Tyrrell Van
Fossen Vande Hoef Veenstra Weidman
Welter Van Maanen,
Presiding
Absent or not voting, 1:
Brauns
Amendment H-1628 lost.
Blodgett of Cerro Gordo asked and received unanimous consent to
withdraw amendments H-1604 and H-1633, filed by him and Hansen
of Pottawattamie on April 8, 1997, and amendment H-1644 filed by
Blodgett of Cerro Gordo from the floor.
Hansen of Pottawattamie offered the following amendment H-1635
filed by Hansen, et al., and moved its adoption:
H-1635
1 Amend House File 715 as follows:
2 1. Page 15, by striking lines 21 and 22 and
3 inserting the following:
4 "1. a. The department shall continue prospective
5 drug utilization review and may establish drug
6 surveillance prior authorization under the medical
7 assistance program.
8 b. The department shall develop and implement an
9 individual patient tracking system to assess the
10 effectiveness of the drug prior authorization program.
11 The system shall include patient specific elements
12 including, at a minimum, the drug prescribed or
13 requested, the alternative drug dispensed, the
14 quantity requested, the quantity dispensed, and the
15 drugs dispensed during required trials.
16 c. The department shall conduct a prior
17 authorization cost-effectiveness study, at no cost to
18 the state, and shall not use any entity or individual
19 currently or previously utilized by the department to
20 perform the study.
21 d. The prospective drug utilization review and
22 prior authorization cost-effectiveness studies shall
23 include, but are not limited to, all of the following:
24 (1) The net cost of the substitution of brand name
25 drugs for which alternatives are required, including
26 the drug rebates, if applicable, under the Iowa prior
27 authorization regimen.
28 (2) The costs attributable to the ambulatory
29 treatment of iatrogenic, unexpected conditions which
30 result when the prescribed drug is not authorized and
31 a substitution is made under the Iowa prior
32 authorization regimen, when it is possible to
33 determine that the conditions resulted from the
34 substitution of the alternative medication for the
35 prescribed medication.
36 (3) The costs attributable to institutionalization
37 and treatment for iatrogenic, unexpected conditions
38 which result when the prescribed drug is not
39 authorized and a substitution is made under the Iowa
40 prior authorization regimen when it is possible to
41 determine that the condition resulted from the
42 substitution of the alternative medication for the
43 prescribed medication.
44 (4) The costs of prescribing mandates, such as
45 requiring two failures of generic drug treatment
46 before allowing the prescribing of a brand name
47 alternative.
48 (5) The measurement of the cost-effectiveness of
49 patient outcomes under prior authorization compared to
50 the patient outcomes under prospective drug
Page 2
1 utilization review.
2 (6) The comparison of administrative costs for
3 prior authorization review and prospective drug
4 utilization review.
5 The department shall review the methodology for
6 calculating and projecting costs savings and shall
7 update the methodology, if necessary.
8 The costs identified under the studies performed
9 shall be netted against the cost savings projected by
10 the department to accurately determine and report cost
11 savings for the drug prior authorization program.
12 The department shall submit a report of the studies
13 to the general assembly on or before March 1, 1998,
14 for review. Subsequent to that date, the general
15 assembly may direct the department to remove from the
16 categories of prescription drugs for which prior
17 authorization is currently required, all of the drugs
18 for which the comparative studies establish that
19 prospective drug utilization review is at least as
20 cost-effective in patient outcomes as prior
21 authorization."
Amendment H-1635 was adopted.
Ford of Polk offered the following amendment H-1631 filed by him
and moved its adoption:
H-1631
1 Amend House File 715 as follows:
2 1. Page 24, by inserting after line 17 the
3 following:
4 "Sec. ___. EDUCATIONAL PROGRAMMING AT ELDORA AND
5 TOLEDO. There is appropriated from the general fund
6 of the state to the department of human services for
7 the fiscal year beginning July 1, 1997, and ending
8 June 30, 1998, the following additional amount, or so
9 much thereof as is necessary, to be used for purposes
10 of providing educational programs at the state
11 training school at Eldora and the Iowa juvenile home
12 at Toledo which focus on the prevention of sexual
13 abuse and the development of positive social
14 interaction skills:
15 $ 200,000"
16 2. By renumbering as necessary.
Ford of Polk asked and received unanimous consent to withdraw
amendment H-1631 filed by him on April 8, 1997.
Ford of Polk offered the following amendment H-1621 filed by
Ford, et al., and moved its adoption:
H-1621
1 Amend House File 715 as follows:
2 1. Page 24, by striking line 24 and inserting the
3 following:
4 " $113,468,000"
5 2. Page 29, by inserting after line 28 the
6 following:
7 "19. In addition to other moneys allocated in this
8 section for adolescent tracking and monitoring,
9 $944,000 shall be used for this purpose.
10 20. In addition to other moneys allocated in this
11 section for school-based supervision for delinquents
12 and at-risk students, $240,000 shall be used for this
13 purpose.
14 21. In addition to other moneys allocated in this
15 section for supervised community treatment, $1,200,000
16 shall be used for this purpose."
17 3. Page 32, by striking line 12 and inserting the
18 following:
19 " $ 3,490,000"
20 4. Page 34, line 18, by striking the figure
21 "580,000" and inserting the following: "780,000".
Roll call was requested by Shoultz of Black Hawk and Murphy of
Dubuque.
On the question "Shall amendment H-1621 be adopted?" (H.F. 715)
The ayes were, 46:
Bell Bernau Brand Bukta Burnett
Cataldo Chapman Chiodo Cohoon
Connors Doderer Dotzler Drees
Falck Fallon Foege Ford
Frevert Holveck Huser Jochum
Kinzer Koenigs Kreiman Larkin
Mascher May Mertz Moreland
Mundie Murphy Myers O'Brien
Osterhaus Reynolds-Knight Richardson Scherrman
Schrader Shoultz Taylor Thomas
Warnstadt Weigel Whitead Wise
Witt
The nays were, 53:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brunkhorst Carroll
Churchill Corbett, Spkr. Cormack Dinkla
Dix Dolecheck Drake Eddie
Garman Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Houser Huseman
Jacobs Jenkins Klemme Kremer Lamberti
Larson Lord Martin Metcalf
Meyer Millage Nelson Rants
Rayhons Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Vande Hoef
Veenstra Weidman Welter Van Maanen,
Presiding
Absent or not voting, 1:
Brauns
Amendment H-1621 lost.
Shoultz of Black Hawk offered the following amendment H-1616
filed by him and Dotzler of Black Hawk and moved its adoption:
H-1616
1 Amend House File 715 as follows:
2 1. Page 32, by inserting after line 2 the
3 following:
4 "Sec. ___. JUVENILE DELINQUENCY PREVENTION GRANTS.
5 There is appropriated from the general fund of the
6 state to the department of human services for the
7 fiscal year beginning July 1, 1997, and ending June
8 30, 1998, the following amount, or so much thereof as
9 is necessary, to be used for the purpose designated:
10 For grants to local communities for purposes of
11 juvenile delinquency prevention:
12 $ 2,500,000
13 The department shall work cooperatively with other
14 state agencies in developing requirements for, and for
15 soliciting, reviewing, and awarding grants under this
16 section. If the department determines the grant
17 program could be administered at less cost to the
18 state by another state agency with expertise in
19 administering a similar program, the department may
20 transfer the moneys appropriated in this section to
21 the other state agency which shall administer the
22 grants."
23 2. By renumbering as necessary.
Roll call was requested by Holveck of Polk and Siegrist of
Pottawattamie.
On the question "Shall amendment H-1616 be adopted?" (H.F. 715)
The ayes were, 45:
Bell Bernau Brand Bukta
Burnett Cataldo Chapman Chiodo
Cohoon Connors Doderer Dotzler
Falck Fallon Foege Ford
Frevert Holveck Huser Jochum Kinzer
Koenigs Kreiman Larkin Mascher
May Mertz Moreland Mundie
Murphy Myers O'Brien Osterhaus
Reynolds-Knight Richardson Scherrman
Schrader Shoultz Taylor Thomas
Warnstadt Weigel Whitead Wise Witt
The nays were, 54:
Arnold Barry Blodgett Boddicker
Boggess Bradley Brauns Brunkhorst
Carroll Churchill Corbett, Spkr. Cormack
Dinkla Dix Dolecheck Drake
Drees Eddie Garman Gipp
Greig Greiner Gries Grundberg
Hahn Hansen Heaton Holmes
Houser Huseman Jacobs Jenkins
Klemme Kremer Lamberti Larson
Lord Martin Metcalf Meyer
Millage Nelson Rants Rayhons
Siegrist Sukup Thomson Tyrrell
Van Fossen Vande Hoef Veenstra Weidman
Welter Van Maanen,
Presiding
Absent or not voting, 1:
Teig
Amendment H-1616 lost.
Murphy of Dubuque offered the following amendment H-1617 filed
by him and moved its adoption:
H-1617
1 Amend House File 715 as follows:
2 1. Page 44, line 24, by inserting after the word
3 "abuse." the following: "None of the additional
4 positions shall be used to perform reviews of child
5 abuse information in the central registry as of July
6 1, 1997, due to a change in the criteria for placement
7 of child abuse information in the central registry in
8 accordance with 1997 Iowa Acts, House File 698, if
9 enacted, or any other enactment of the Seventy-seventh
10 General Assembly, 1997 Session."
Amendment H-1617 lost.
Bernau of Story offered the following amendment H-1636 filed by
him and moved its adoption:
H-1636
1 Amend House File 715 as follows:
2 1. Page 46, by inserting after line 31 the
3 following:
4 " . For the fiscal year beginning July 1, 1997,
5 reimbursement rates for dentists shall be increased by
6 3.6 percent over the rates in effect on June 30,
7 1997."
Amendment H-1636 lost.
Huser of Polk offered the following amendment H-1618 filed by
her and moved its adoption:
H-1618
1 Amend House File 715 as follows:
2 1. Page 52, by inserting after line 34, the
3 following:
4 "Sec. ___. COMPUTER PROGRAM - COORDINATION. The
5 department shall develop a proposal to provide that,
6 to the greatest extent possible, all computer programs
7 used by the department, including but not limited to
8 FACS, X-PERT, and the program used by the child
9 support recovery unit are interactive. The department
10 shall submit the proposal, including costs associated
11 with implementation of the proposal, to the general
12 assembly on or before January 12, 1998."
13 2. By renumbering as necessary.
Amendment H-1618 lost.
Houser of Pottawattamie moved that the bill be read a last time
now and placed upon its passage which motion prevailed and the
bill was read a last time.
On the question "Shall the bill pass?" (H.F. 715)
The ayes were, 94:
Arnold Barry Bell Bernau
Blodgett Boddicker Boggess Bradley
Brauns Brunkhorst Bukta Carroll
Cataldo Chapman Chiodo Churchill Cohoon
Connors Cormack Dinkla
Dix Doderer Dolecheck Dotzler
Drake Drees Eddie Falck
Fallon Foege Ford Frevert
Garman Gipp Greig Greiner
Gries Grundberg Hahn Hansen
Heaton Holmes Holveck Houser
Huseman Huser Jacobs Jenkins
Jochum Kinzer Klemme Koenigs
Kremer Lamberti Larkin Larson
Lord Martin Mascher May
Mertz Metcalf Meyer Millage
Mundie Murphy Myers Nelson
Osterhaus Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader
Shoultz Siegrist Sukup Taylor
Teig Thomas Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Whitead Witt Mr. Speaker
Corbett
The nays were, 6:
Brand Burnett Kreiman Moreland
O'Brien Wise
Absent or not voting, none.
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 715 be immediately messaged to the Senate.
ADOPTION OF HOUSE RESOLUTION 16
Metcalf of Polk asked and received unanimous consent for the
immediate consideration of House Resolution 16, a resolution
honoring Des Moines Mayor Arthur Davis for his many
contributions to the city of Des Moines and the state of Iowa,
filed from the floor, and moved its adoption.
The motion prevailed and the resolution was adopted.
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 9, 1997, passed the following bill in
which the concurrence of the Senate was asked:
House File 126, a bill for an act relating to the state sales
and use tax exemption on certain computers, machinery,
equipment, and fuel.
Also: That the Senate has on April 9, 1997, passed the following
bill in which the concurrence of the Senate was asked:
House File 132, a bill for an act relating to the liability of
persons involved in domesticated animal activities.
Also: That the Senate has on April 9, 1997, passed the following
bill in which the concurrence of the Senate was asked:
House File 232, a bill for an act providing for court-ordered
treatment of a criminal defendant judged mentally incapable of
standing trial.
Also: That the Senate has on April 9, 1997, passed the following
bill in which the concurrence of the Senate was asked:
House File 475, a bill for an act relating to the acquisition of
a branch of a savings association by a newly chartered bank and
providing an effective date.
Also: That the Senate has on April 9, 1997, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 542, a bill for an act to prohibit acts by inmates of
jails or correctional institutions which result in contact with
bodily fluids or secretions or the casting or expelling of
bodily fluids or secretions on jail and correctional employees,
and providing penalties.
Also: That the Senate has on April 9, 1997, passed the following
bill in which the concurrence of the Senate was asked:
House File 578, a bill for an act providing for the continued
operation of the department of human rights and including an
effective date.
Also: That the Senate has on April 9, 1997, 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 655, a bill for an act appropriating funds to the
department of economic development, certain board of regents
institutions, the department of workforce development, the
public employment relations board, making statutory changes, and
providing an effective date.
Also: That the Senate has on April 9, 1997, passed the following
bill in which the concurrence of the House is asked:
Senate File 531, a bill for an act relating to the increase in
the physical plant and equipment levy.
Also: That the Senate has on April 9, 1997, passed the following
bill in which the concurrence of the House is asked:
Senate File 532, a bill for an act relating to tuition and fees
charged by public school districts and providing an immediate
effective date.
MARY PAT GUNDERSON, Secretary
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on Wednesday,
April 9, 1997. Had I been present, I would have voted "aye" on
Senate File 391.
SUKUP of Franklin
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Eleven 7th grade students from Sully Christian School, Sully,
accompanied by Scott Roose. By Carroll of Poweshiek.
Fifty 5th grade students from BCLUW Elementary School, Conrad,
accompanied by Stacey Simpson. By Dix of Butler, Garman of
Story, and Sukup of Franklin.
Six youths from Urban Dreams, accompanied by Tarik Ross and Paul
Ware. By Ford of Polk.
Twenty 8th grade students from Emmetsburg Middle School,
Emmetsburg, accompanied by Mrs. Jones, Ms. Jones, and Mr.
Ballman. By Frevert of Palo Alto.
Twenty-three fifth grade students from Charter Oak-Ute
Elementary School, Ute, accompanied by Mary Ellen Keating. By
Gries of Crawford.
Thirty-one Young Leaders in Action from Waterloo, accompanied by
Amy DeHaan. By Jenkins, Dotzler, Shoultz, and Witt, all of Black
Hawk.
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
1997\384 Winifred Moser, Guttenberg - For celebrating her 90th
birthday.
1997\385 Clara Nieland, Guttenberg - For celebrating her 95th
birthday.
1997\386 Helen and Reynold Baumler, West Union - For celebrating
their 50th wedding anniversary.
1997\387 Michael Gartner, Ames - For winning the 1997 Pulitzer
Prize for editorial writing.
1997\388 A. J. Nelson, Newell-Fonda - For being named to the Des
Moines Register's 1997 All-State Class 1A Girls Basketball Team.
1997\389 John Sievers, Newell-Fonda - For being named to the
1997 Iowa Daily Press Class 1A All-State Basketball Team and the
Des Moines Register's 1997 All-State 2nd Team.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT
House Study Bill 239
Ways and Means: Van Fossen, Chair; Larkin, Lord, Rants and
Richardson.
HOUSE STUDY BILL COMMITTEE ASSIGNMENT
H.S.B. 240 Ways and Means
Increasing appropriations for the livestock production tax
credit; increasing the state's reimbursement for the homestead,
military service, and elderly and disabled credits; requiring
the state to reimburse new property tax credits and exemptions;
providing for local government budget practices and property tax
statements; and including applicability date provisions.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON WAYS AND MEANS
Committee Bill (Formerly House File 263), relating to an
insurance premium tax credit for eligible businesses under the
new jobs and income program.
Fiscal Note is required.
Recommended Do Pass April 9, 1997.
Committee Bill (Formerly House File 652), relating to
establishing a capital investment board, tax credits,
termination of the Iowa seed capital corporation, establishing a
capital transition board, and providing an effective date.
Fiscal Note is required.
Recommended Amend and Do Pass April 9, 1997.
RESOLUTION FILED
HR 17, by Doderer, Corbett, Siegrist, Schrader, Burnett, and
Bernau,
a resolution honoring Mr. Michael Gartner for winning the
Pulitzer Prize for editorial writing.
Laid over under Rule 25.
AMENDMENTS FILED
H_1638 H.F. 720 Jochum of Dubuque
H_1639 S.F. 519 Millage of Scott
H_1640 S.F. 519 Millage of Scott
H_1641 S.F. 519 Millage of Scott
H_1643 H.F. 655 Dotzler of Black Hawk
Holveck of Polk
H_1645 H.F. 692 Senate Amendment
H_1646 S.F. 579 Senate Amendment
H_1647 H.F. 335 Senate Amendment
H_1648 H.F. 416 Senate Amendment
H_1653 S.F. 519 Brunkhorst of Bremer
H_1655 S.F. 516 Boddicker of Cedar
H_1656 S.F. 519 Mascher of Johnson
H_1657 S.F. 163 Thomson of Linn
H_1660 S.F. 123 Lamberti of Polk
H_1662 S.F. 253 Schrader of Marion
H_1663 H.F. 671 Blodgett of Cerro Gordo
H_1664 S.F. 519 Rants of Woodbury
Brunkhorst of Bremer
Falck of Fayette
Mascher of Johnson
H_1665 S.F. 246 Schrader of Marion
H_1666 S.F. 472 Eddie of Buena Vista
H_1667 S.F. 503 Millage of Scott
H_1668 S.F. 503 Lamberti of Polk
Kreiman of Davis
H_1669 S.F. 515 Boddicker of Cedar
H_1670 S.F. 519 Falck of Fayette
Mascher of Johnson Cohoon of Des Moines
Foege of Linn Wise of Lee
Bukta of Clinton
H_1671 H.F. 542 Senate Amendment
H_1672 S.F. 472 Weigel of Chickasaw
Koenigs of Mitchell
H_1673 S.F. 472 Sukup of Franklin
Arnold of Lucas Teig of Hamilton
Eddie of Buena Vista Greiner of Washington
Meyer of Sac Greig of Emmet
Garman of Story Koenigs of Mitchell
Mundie of Webster
H_1674 S.F. 503 Kreiman of Davis
Lamberti of Polk
On motion by Siegrist of Pottawattamie, the House adjourned at
9:42 p.m., until 8:45 a.m., Thursday, April 10, 1997.
Correction to Journal of April 8, 1997
Page 1050 - On the roll call vote to Senate File 205, Whitead
should have been listed as voting "aye."
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Index: House Journal (77th General Assembly: Session 1)
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