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Eighty-sixth Calendar Day - Fifty-eighth Session Day Hall of the House of Representatives Des Moines, Iowa, Tuesday, April 7, 1998 The House met pursuant to adjournment at 8:45 a.m., Speaker pro tempore Van Maanen of Marion in the chair. Prayer was offered by Reverend Brian Eslinger, Unitarian Universalist Fellowship, Ames. The Journal of Monday, April 6, 1998 was approved. INTRODUCTION OF BILLS House File 2549, by committee on ways and means, a bill for an act relating to urban revitalization property tax exemptions for certain real property and providing for the Act's applicability. Read first time and placed on the ways and means calendar. House File 2550, by committee on ways and means, a bill for an act exempting services provided by licensed massage therapists from the state services tax. Read first time and placed on the ways and means calendar. SENATE MESSAGE CONSIDERED Senate File 2416, by committee on ways and means, a bill for an act relating to the replacement of property tax on property associated with electricity and natural gas with excise taxes associated with electricity and natural gas, establishing a statewide property tax on property associated with electricity and natural gas, providing for a special utility property tax levy or tax credit, providing for the Act's retroactive applicability, providing an effective date, and providing penalties. Read first time and referred to committee on ways and means. SPECIAL PRESENTATION Speaker pro tempore Van Maanen of Marion presented to the House from the Speaker's station, Gina Bandstra, Queen of the 1998 Pella Tulip Festival. Queen Gina Bandstra presented her attendants, Suzanne Van Roekel, Angie Harms, Leah De Boef and Sharesa Olson. Also present from Pella were the parents of the Queen and her court, who wore native Dutch costume and distributed the famous Pella Dutch cookies. Queen Bandstra addressed the House briefly. The court presented a song honoring "Pella's Tulip Festival" and invited everyone to attend the Pella Tulip Festival May 7, 8, and 9, 1998. The House rose and expressed its welcome. On motion by Siegrist of Pottawattamie, the House was recessed at 9:00 a.m., until 10:30 a.m. MORNING SESSION The House reconvened at 10:40 a.m., Speaker pro tempore Van Maanen of Marion in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed eighty-eight members present, twelve absent. CONSIDERATION OF BILLS Appropriations Calendar House File 2544, a bill for an act relating to the protection of and provision of safe living environments for certain individuals including providing safe assisted living facilities, was taken up for consideration. Martin of Scott moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2544) The ayes were, 97: 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 Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton 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 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: Corbett, Spkr. Holmes Siegrist The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Unfinished Business Calendar Senate File 2339, a bill for an act relating to an inmate's right to counsel in a postconviction proceeding pertaining to a forfeiture of a reduction in sentence or the unlawful holding of a person in custody or restraint, with report of committee recommending amendment and passage, was taken up for consideration. Larson of Linn offered the following amendment H-8511 filed by the committee on judiciary and moved its adoption: H-8511 1 Amend Senate File 2339, as passed by the Senate, as 2 follows: 3 1. Page 1, by striking lines 5 and 6, and 4 inserting the following: "expenses of legal5representation, includingstenographic,and printing,6or other legal services or consultationexpenses, 7 these costs". 8 2. Page 1, lines 7 and 8, by striking the words 9 "in the preparation of the application," and inserting 10 the following: "in the preparation of the11application,". 12 3. Page 1, line 11, by striking the words "if the 13 applicant is unable to pay court" and inserting the 14 following: "the". 15 4. Page 1, lines 12 and 13, by striking the words 16 "those costs and expenses". 17 5. Page 1, line 15, by inserting after the word 18 "review" the following: "if the applicant is unable 19 to pay". The committee amendment H-8511 was adopted. Larson of Linn 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. 2339) The ayes were, 96: 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 Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton 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 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, 3: Corbett, Spkr. Holmes Siegrist The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Ways and Means Calendar House File 2543, a bill for an act relating to the state inheritance tax by exempting intangible personal property owned by an inhabitant of another state; determining the net market value of transfers made within three years of death as the net market value on the date of transfer; exempting the tax only upon the portion of retirement benefits and individual retirement accounts that will be subject to federal income tax when paid; applying compromised settlements for federal estate tax purposes the same for state purposes; and requiring deferred estates to be recorded by the department of revenue and finance if tax is not paid when tax accrues; and providing an applicability date provision, was taken up for consideration. Dinkla of Guthrie offered the following amendment H-8866 filed by him and moved its adoption: H-8866 1 Amend House File 2543 as follows: 2 1. Page 2, by striking lines 21 through 32. 3 2. Title page, lines 7 through 9, by striking the 4 words "applying compromised settlements for federal 5 estate tax purposes the same for state purposes;". Amendment H-8866 was adopted. Lamberti of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2543) The ayes were, 98: 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 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 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: Corbett, Spkr. Siegrist The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGES Gipp of Winneshiek asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 2544, 2543, and Senate File 2339. House File 2534, a bill for an act providing for township trustees, by providing for their representation by county attorneys, was taken up for consideration. Dix of Butler 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. 2534) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes 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 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, 5: Brand Corbett, Spkr. Falck Holveck Siegrist The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Unfinished Business Calendar Senate File 2387, a bill for an act relating to adoption procedural requirements including those related to investigations, reports, and counseling, with report of committee recommending amendment and passage, was taken up for consideration. Lamberti of Polk offered amendment H-8543 filed by the committee on judiciary and requested division as follows: H-8543 1 Amend Senate File 2387 as passed by the Senate, as 2 follows: H-8543A 3 1. Page 2, by inserting after line 20, the 4 following: 5 "Sec. ___. NEW SECTION. 600.12A DEATH OF PERSON 6 TO BE ADOPTED - PROCESS FOR FINAL ADOPTION DECREE. 7 1. If the person to be adopted dies following the 8 filing of an adoption petition pursuant to section 9 600.3, but prior to issuance of a final adoption 10 decree pursuant to section 600.13, the court may waive 11 any investigations and reports required pursuant to 12 section 600.8 that remain uncompleted, waive the 13 minimum residence requirements pursuant to section 14 600.10, proceed to the adoption hearing, and issue a 15 final adoption decree, unless any person to whom 16 notice is to be provided pursuant to section 600.11 17 objects to the adoption. 18 2. A final adoption decree issued pursuant to this 19 section terminates any parental rights existing prior 20 to the time of its issuance and establishes the 21 parent-child relationship between the adoption 22 petitioner and the person adopted. However, the final 23 adoption decree does not confer any rights on the 24 adoption petitioner to the estate of the adopted 25 person and does not confer any rights on the adopted 26 person to the estate of the adoption petitioner." H-8543B 27 2. Page 4, by inserting after line 7 the 28 following: 29 "Sec. ___. PENDING PROCEEDINGS. A termination of 30 parental rights proceeding or an adoption proceeding 31 pending on July 1, 1998, or a release of custody 32 properly executed prior to July 1, 1998, shall not be 33 affected by the provisions of this Act." 34 3. By renumbering as necessary. Lamberti of Polk asked and received unanimous consent to withdraw the committee amendment H-8543A. Lamberti of Polk moved the adoption of the committee amendment H-8543B. The committee amendment H-8543B was adopted. Foege of Linn offered the following amendment H-8959 filed by Foege, et al., and moved its adoption: H-8959 1 Amend Senate File 2387 as passed by the Senate, as 2 follows: 3 1. Page 2, by inserting after line 20, the 4 following: 5 "Sec. ___. Section 600.12A, if enacted by the 1998 6 Iowa Acts, Senate File 2338, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION. 1A. If the person to be adopted 9 dies following termination of the parental rights of 10 the person's biological parents but prior to the 11 filing of an adoption petition, the person who was the 12 guardian or custodian of the person to be adopted 13 prior to the person's death or the person who was in a 14 parent-child relationship with the person to be 15 adopted prior to the person's death may file an 16 adoption petition and the court in the interest of 17 justice may waive any other procedures or requirements 18 related to the adoption, proceed to the adoption 19 hearing, and issue a final adoption decree, unless any 20 person to whom notice is to be provided pursuant to 21 section 600.11 objects to the adoption." 22 2. By renumbering as necessary. Amendment H-8959 was adopted. Kreiman of Davis offered the following amendment H-8620 filed by him and moved its adoption: H-8620 1 Amend Senate File 2387, as passed by the Senate, as 2 follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. NEW SECTION. 232.6 JURISDICTION - 6 ADOPTIONS AND TERMINATIONS OF PARENTAL RIGHTS. 7 The court may exercise jurisdiction over adoption 8 and termination of parental rights proceedings under 9 chapters 600 and 600A. 10 Sec. ___. Section 600.1, Code 1997, is amended to 11 read as follows: 12 600.1 CONSTRUCTION. 13 This chapter shall be construed liberally. The 14 best interest of the person to be adopted shall be the 15 paramount consideration in interpreting this chapter. 16 However, the interests of the adopting parents shall 17 be given due consideration in this interpretation. 18 However, in determining the best interest of the 19 person to be adopted and the interests of the adopting 20 parents, any evidence of interests relating to a 21 period of time during which the person to be adopted 22 is placed with prospective adoptive parents and during 23 which the placement is not in compliance with the law, 24 adoption procedures, or any action by the juvenile 25 court or court, shall not be considered in the 26 determination. 27 Sec. ___. Section 600.3, Code 1997, is amended to 28 read as follows: 29 600.3 COMMENCEMENT OF ADOPTION ACTION - 30 JURISDICTION - FORUM NON CONVENIENS. 31 1. An action for the adoption of any natural 32 person shall be commenced by the filing of an adoption 33 petition, as prescribed in section 600.5, in the 34 juvenile court or court of the county in which an 35 adult person to be adopted is domiciled or resides, or 36 in the juvenile court or court of the county in which 37 the guardian of a minor person to be adopted or the 38 petitioner is domiciled or resides. 39 2. An adoption petition shall not be filed until a 40 termination of parental rights has been accomplished 41 except in the following cases: 42 a. No termination of parental rights is required 43 if the person to be adopted is an adult. 44 b. If the stepparent of the child to be adopted is 45 the adoption petitioner, the parent-child relationship 46 between the child and the parent who is not the spouse 47 of the petitioner may be terminated as part of the 48 adoption proceeding by the filing of that parent's 49 consent to the adoption. 50 For the purposes of this subsection, a consent to Page 2 1 adopt recognized by the juvenile courts or courts of 2 another jurisdiction in the United States and obtained 3 from a resident of that jurisdiction shall be accepted 4 in this state in lieu of a termination of parental 5 rights proceeding. 6 Any adoption proceeding pending on or completed 7 prior to July 1, 1978, is hereby legalized and 8 validated to the extent that it is consistent with 9 this subsection. 10 3. If upon filing of the adoption petition or at 11 any later time in the adoption action the juvenile 12 court or court finds that in the interest of 13 substantial justice the adoption action should be 14 conducted in another juvenile court or court, it may 15 transfer, stay, or dismiss the adoption action on any 16 conditions that are just. 17 Sec. ___. Section 600.4, subsection 3, paragraph 18 c, Code 1997, is amended to read as follows: 19 c. Is unable to petition with the other spouse 20 because of the prolonged and unexplained absence, 21 unavailability, or incapacity of the other spouse, or 22 because of an unreasonable withholding of joinder by 23 the other spouse, as determined by the juvenile court 24 or court under section 600.5, subsection 7. 25 Sec. ___. Section 600.5, unnumbered paragraph 1, 26 Code 1997, is amended to read as follows: 27 An adoption petition shall be signed and verified 28 by the petitioner, shall be filed with the juvenile 29 court or court designated in section 600.3, and shall 30 state: 31 Sec. ___. Section 600.5, subsection 7, Code 1997, 32 is amended to read as follows: 33 7. A designation of the particular provision in 34 section 600.4 under which the petitioner is qualified 35 to adopt and, if under section 600.4, subsection 3, 36 paragraph "c", a request that the juvenile court or 37 court approve the petitioner's qualification to adopt. 38 Sec. ___. Section 600.7, subsection 1, unnumbered 39 paragraph 1, Code 1997, is amended to read as follows: 40 An adoption petition shall not be granted unless 41 the following persons consent to the adoption or 42 unless the juvenile court or court makes a 43 determination under subsection 4: 44 Sec. ___. Section 600.7, subsection 2, paragraphs 45 a and b, Code 1997, are amended to read as follows: 46 a. If by any minor person to be adopted who is 47 fourteen years of age or older, in the presence of the 48 juvenile court or court in which the adoption petition 49 is filed. 50 b. If by any other person, either in the presence Page 3 1 of the juvenile court or court in which the adoption 2 petition is filed or before a notary public. 3 Sec. ___. Section 600.7, subsections 3 and 4, Code 4 1997, are amended to read as follows: 5 3. A consent to the adoption may be withdrawn 6 prior to the issuance of an adoption decree under 7 section 600.13 by the filing of an affidavit of 8 consent withdrawal with the juvenile court or court. 9 Such affidavit shall be treated in the same manner as 10 an attached verified statement is treated under 11 subsection 4. 12 4. If any person required to consent under this 13 section refuses to or cannot be located to give 14 consent, the petitioner may attach to the petition a 15 verified statement of such refusal or lack of 16 location. The juvenile court or court shall then 17 determine, at the adoption hearing prescribed in 18 section 600.12, whether, in the best interests of the 19 person to be adopted and the petitioner, any 20 particular consent shall be unnecessary to the 21 granting of an adoption petition." 22 2. Page 1, by inserting after line 23 the 23 following: 24 "Sec. ___. Section 600.8, subsection 2, paragraph 25 a, Code 1997, is amended to read as follows: 26 a. A preplacement investigation and report of the 27 investigation shall be completed and the prospective 28 adoption petitioner approved for a placement by the 29 person making the investigation prior to any agency or 30 independent placement of a minor person in the 31 petitioner's home in anticipation of an ensuing 32 adoption. A report of a preplacement investigation 33 that has approved a prospective adoption petitioner 34 for a placement shall not authorize placement of a 35 minor person with that petitioner after one year from 36 the date of the report's issuance. However, if the 37 prospective adoption petitioner is a relative within 38 the fourth degree of consanguinity who has assumed 39 custody of a minor person to be adopted, a 40 preplacement investigation of this petitioner and a 41 report of the investigation may be completed at a time 42 established by the juvenile court or court or may be 43 waived as provided in subsection 12." 44 3. Page 1, line 29, by inserting before the word 45 "court" the following: "juvenile court or". 46 4. Page 1, line 32, by inserting before the word 47 "court" the following: "juvenile court or". 48 5. Page 2, lines 6 and 7, by striking the words 49 ", including a juvenile court," and inserting the 50 following: ", including a juvenile court,". Page 4 1 6. Page 2, by inserting after line 12 the 2 following: 3 "Sec. ___. Section 600.8, subsections 7, 8, 9, and 4 12, Code 1997, are amended to read as follows: 5 7. Any investigation or report required under this 6 section shall not apply when the person to be adopted 7 is an adult or when the prospective adoption 8 petitioner or adoption petitioner is a stepparent of 9 the person to be adopted. However, in the case of a 10 stepparent adoption, the juvenile court or court, upon 11 the request of an interested person or on its own 12 motion stating the reasons therefor of record, may 13 order an investigation or report pursuant to this 14 section. 15 8. Any person designated to make an investigation 16 and report under this section may request an agency or 17 state agency, within or outside this state, to conduct 18 a portion of the investigation or the report, as may 19 be appropriate, and to file a supplemental report of 20 such investigation or report with the juvenile court 21 or court. In the case of the adoption of a minor 22 person by a person domiciled or residing in any other 23 jurisdiction of the United States, any investigation 24 or report required under this section which has been 25 conducted pursuant to the standards of that other 26 jurisdiction shall be recognized in this state. 27 9. The department may investigate, on its own 28 initiative or on order of the juvenile court or court, 29 any placement made or adoption petition filed under 30 this chapter or chapter 600A and may report its 31 resulting recommendation to the juvenile court or 32 court. 33 12. Any investigation and report required under 34 subsection 1 of this section may be waived by the 35 juvenile court or court if the adoption petitioner is 36 related within the fourth degree of consanguinity to 37 the person to be adopted. 38 Sec. ___. Section 600.9, subsection 2, unnumbered 39 paragraph 1, Code 1997, is amended to read as follows: 40 An adoption petitioner of a minor person shall file 41 with the juvenile court or court, prior to the 42 adoption hearing, a full accounting of all 43 disbursements of any thing of value paid or agreed to 44 be paid by or on behalf of the petitioner in 45 connection with the petitioned adoption. This 46 accounting shall be made by a report prescribed by the 47 juvenile court or court and shall be signed and 48 verified by the petitioner. Only expenses incurred in 49 connection with the following and any other expenses 50 approved by the juvenile court or court are Page 5 1 allowable:" 2 7. Page 2, by inserting after line 20 the 3 following: 4 "Sec. ___. Section 600.10, Code 1997, is amended 5 to read as follows: 6 600.10 MINIMUM RESIDENCE OF A MINOR CHILD. 7 The adoption of a minor person shall not be decreed 8 until that person has lived with the adoption 9 petitioner for a minimum residence period of one 10 hundred eighty days. However, the juvenile court or 11 court may waive this period if the adoption petitioner 12 is a stepparent or related to the minor person within 13 the fourth degree of consanguinity or may shorten this 14 period upon good cause shown when the juvenile court 15 or court is satisfied that the adoption petitioner and 16 the person to be adopted are suited to each other. 17 Sec. ___. Section 600.11, subsections 1 and 3, 18 Code 1997, are amended to read as follows: 19 1. The juvenile court or court shall set the time 20 and place of the adoption hearing prescribed in 21 section 600.12 upon application of the petitioner. 22 The juvenile court or court may continue the adoption 23 hearing if the notice prescribed in subsections 2 and 24 3 is given, except that such notice shall only be 25 given at least ten days prior to the date which has 26 been set for the continuation of the adoption hearing. 27 3. A notice of the adoption hearing shall state 28 the time, place, and purpose of the hearing and shall 29 be served in accordance with rule of civil procedure 30 56.1. Proof of the giving of notice shall be filed 31 with the juvenile court or court prior to the adoption 32 hearing. Acceptance of service by the party being 33 given notice shall satisfy the requirements of this 34 subsection. 35 Sec. ___. Section 600.12, subsections 2 and 3, 36 Code 1997, are amended to read as follows: 37 2. Only those persons notified under section 38 600.11 and their witnesses and legal counsel or 39 persons requested by the juvenile court or court to be 40 present shall be admitted to the court chambers while 41 an adoption hearing is being conducted. The adoption 42 petitioner and the person to be adopted shall be 43 present at the hearing, unless the presence of either 44 is excused by the juvenile court or court. 45 3. Any person admitted to the hearing shall be 46 heard and allowed to present evidence upon request and 47 according to the manner in which the juvenile court or 48 court conducts the hearing. 49 Sec. ___. Section 600.13, subsections 1, 2, 3, 5, 50 and 6, Code 1997, are amended to read as follows: Page 6 1 1. At the conclusion of the adoption hearing, the 2 juvenile court or court shall: 3 a. Issue a final adoption decree; 4 b. Issue an interlocutory adoption decree; or, 5 c. Dismiss the adoption petition if the 6 requirements of this Act have not been met or if 7 dismissal of the adoption petition is in the best 8 interest of the person whose adoption has been 9 petitioned. Upon dismissal, the juvenile court or 10 court shall determine who is to be guardian or 11 custodian of a minor child, including the adoption 12 petitioner if it is in the best interest of the minor 13 person whose adoption has been petitioned. 14 2. An interlocutory adoption decree automatically 15 becomes a final adoption decree at a date specified by 16 the juvenile court or court in the interlocutory 17 adoption decree, which date shall not be less than one 18 hundred eighty days nor more than three hundred sixty 19 days from the date the interlocutory decree is issued. 20 However, an interlocutory adoption decree may be 21 vacated prior to the date specified for it to become 22 final. Also, the juvenile court or court may provide 23 in the interlocutory adoption decree for further 24 observation, investigation, and report of the 25 conditions of and the relationships between the 26 adoption petitioner and the person petitioned to be 27 adopted. 28 3. If an interlocutory adoption decree is vacated 29 under subsection 2, it shall be void from the date of 30 issuance and the rights, duties, and liabilities of 31 all persons affected by it shall, unless they have 32 become vested, be governed accordingly. Upon vacation 33 of an interlocutory adoption decree, the juvenile 34 court or court shall proceed under the provisions of 35 subsection 1, paragraph "c". 36 5. An interlocutory or a final adoption decree 37 shall be entered with the clerk ofthecourt. Such 38 decree shall set forth any facts of the adoption 39 petition which have been proven to the satisfaction of 40 the juvenile court or court and any other facts 41 considered to be relevant by the juvenile court or 42 court and shall grant the adoption petition. If so 43 designated in the adoption decree, the name of the 44 adopted person shall be changed by issuance of that 45 decree. The clerk of the court shall, within thirty 46 days of issuance, deliver one certified copy of any 47 adoption decree to the petitioner, one copy of any 48 adoption decree to the department and any agency or 49 person making an independent placement who placed a 50 minor person for adoption, and one certification of Page 7 1 adoption as prescribed in section 144.19 to the state 2 registrar of vital statistics. Upon receipt of the 3 certification, the state registrar shall prepare a new 4 birth certificate pursuant to section 144.23 and 5 deliver to the parents named in the decree and any 6 adult person adopted by the decree a copy of the new 7 birth certificate. The parents shall pay the fee 8 prescribed in section 144.46. If the person adopted 9 was born outside the state, the state registrar shall 10 forward the certification of adoption to the 11 appropriate agency in the state or foreign nation of 12 birth. A copy of any interlocutory adoption decree 13 vacation shall be delivered and another birth 14 certificate shall be prepared in the same manner as a 15 certification of adoption is delivered and the birth 16 certificate was originally prepared. 17 6. The clerk ofthe districtcourt shall attach to 18 the certified copy of the decree delivered to the 19 department, a copy of the adoption information form 20 required to be attached to the adoption petition under 21 section 600.6, subsection 5. 22 Sec. ___. Section 600.15, subsection 1, paragraphs 23 a and b, Code 1997, are amended to read as follows: 24 a. A decree establishing a parent-child 25 relationship by adoption which is issued pursuant to 26 due process of law by a juvenile court or court of any 27 other jurisdiction in the United States shall be 28 recognized in this state. 29 b. A decree terminating a parent-child 30 relationship which is issued pursuant to due process 31 of law by a juvenile court or court of any other 32 jurisdiction in the United States shall be recognized 33 in this state." 34 8. Page 2, by inserting after line 27 the 35 following: 36 "Sec. ___. Section 600.16A, subsection 2, 37 paragraphs b and c, Code 1997, are amended to read as 38 follows: 39 b. The juvenile court or court, for good cause, 40 shall order the opening of the permanent adoption 41 record of the juvenile court or court for the adopted 42 person who is an adult and reveal the names of either 43 or both of the biological parents following 44 consideration of both of the following: 45 (1) A biological parent may file an affidavit 46 requesting that the juvenile court or court reveal or 47 not reveal the parent's identity. The juvenile court 48 or court shall consider any such affidavit in 49 determining whether there is good cause to order 50 opening of the records. To facilitate the biological Page 8 1 parents in filing an affidavit, the department shall, 2 upon request of a biological parent, provide the 3 biological parent with an adoption information packet 4 containing an affidavit for completion and filing with 5 the juvenile court or court. 6 (2) If the adopted person who applies for 7 revelation of the biological parents' identity has a 8 sibling who is a minor and who has been adopted by the 9 same parents, the juvenile court or court may deny the 10 application on the grounds that revelation to the 11 applicant may also indirectly and harmfully permit the 12 same revelation to the applicant's minor sibling. 13 c. A biological sibling of an adopted person may 14 file or may request that the department file an 15 affidavit in the juvenile court or court in which the 16 adopted person's adoption records have been sealed 17 requesting that the juvenile court or court reveal or 18 not reveal the sibling's name to the adopted person. 19 The juvenile court or court shall consider any such 20 affidavit in determining whether there is good cause 21 to order opening of the records upon application for 22 revelation by the adopted person. However, the name 23 of the biological sibling shall not be revealed until 24 the biological sibling has attained majority. 25 Sec. ___. Section 600.16A, subsection 3, paragraph 26 b, unnumbered paragraph 3, Code 1997, is amended to 27 read as follows: 28 Notwithstanding the provisions of this subsection, 29 if the adult adopted person has a sibling who is a 30 minor and who has also been adopted by the same 31 parents, the department, the clerk of court, or the 32 agency which made the placement may deny the request 33 of either the adult adopted person or the biological 34 parent to open the adoption records and to reveal the 35 identities of the parties pending determination by the 36 juvenile court or court that there is good cause to 37 open the records pursuant to subsection 2. 38 Sec. ___. Section 600.16A, subsection 4, Code 39 1997, is amended to read as follows: 40 4. An adopted person whose adoption became final 41 prior to July 4, 1941, and whose adoption record was 42 not required to be sealed at the time when the 43 adoption record was completed, shall not be required 44 to show good cause for an order opening the adoption 45 record under this subsection, provided that the 46 juvenile court or court shall consider any affidavit 47 filed under this subsection. 48 Sec. ___. Section 600.18, unnumbered paragraph 1, 49 Code 1997, is amended to read as follows: 50 Any prospective adoptive parent desiring financial Page 9 1 assistance shall state this fact in the petition for 2 adoption. The department of human services shall 3 investigate the person petitioning for adoption and 4 the child and shall file with the juvenile court or 5 court a statement of whether the department will 6 provide assistance as provided in sections 600.17 to 7 600.22, the estimated amount, extent, and duration of 8 assistance, and any other information the juvenile 9 court or court may order." 10 9. Page 4, by inserting after line 7 the 11 following: 12 "Sec. ___. Section 602.8102, subsections 42 and 13 43, Code Supplement 1997, are amended to read as 14 follows: 15 42. Serve as clerk of the juvenile court and carry 16 out duties as provided in chapter 232 and article 7 of 17 this chapter. 18 43. Submit to the director of the division of 19 child and family services of the department of human 20 services a duplicate of the findings of thedistrict21 court related to adoptions as provided in section 22 235.3, subsection 7." 23 10. Title page, line 2, by inserting after the 24 words "related to" the following: "jurisdiction,". 25 11. By renumbering as necessary. A non-record roll call was requested. Rule 75 was invoked. The ayes were 43, nays 50. Amendment H-8620 lost. Lamberti of Polk offered the following amendment H-8950 filed by him and moved its adoption: H-8950 1 Amend Senate File 2387 as passed by the Senate, as 2 follows: 3 1. Page 2, by inserting after line 20, the 4 following: 5 "Sec. ___. NEW SECTION. 600.14A VALIDITY OF 6 ADOPTION DECREES. 7 1. Subject to the disposition of any appeal 8 pursuant to section 600.14 and notwithstanding any 9 longer period otherwise available, upon the expiration 10 of three months from the date of the entry of a final 11 adoption decree, any irregularities in the proceedings 12 are deemed cured, and the validity of the decree shall 13 not be subject to attack either through direct or 14 collateral proceedings on any grounds including but 15 not limited to a procedural or jurisdictional defect, 16 failure to give any required notice, fraud, duress, 17 misrepresentation, or any of the grounds for vacating 18 or modifying a judgment under the Iowa rules of civil 19 procedure. 20 2. If the validity of a final adoption decree is 21 attacked, the paramount consideration of the court 22 shall be the best interest of the person who is the 23 subject of the proceeding." 24 2. By renumbering as necessary. Amendment H-8950 was adopted. Lamberti of Polk offered the following amendment H-8854 filed by him and moved its adoption: H-8854 1 Amend Senate File 2387, as passed by the Senate, as 2 follows: 3 1. Page 3, by striking lines 5 through 21 and 4 inserting the following: "acceptance or refusal of 5 the counseling. If accepted,". Amendment H-8854 was adopted. Lamberti of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2387) 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 Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig 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 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: Dinkla Greiner Siegrist The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 2331, a bill for an act to provide for the sharing of certain habilitative and treatment resources with the department of human services, with report of committee recommending passage, was taken up for consideration. Kremer of Buchanan offered amendment H-8594 filed by him as follows: H-8594 1 Amend Senate File 2331, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by inserting before line 1, the 4 following: 5 "Section 1. Section 80A.2, Code 1997, is amended 6 by adding the following new subsection: 7 NEW SUBSECTION. 9. A person engaged in the 8 business of transporting prisoners under a contract 9 with the Iowa department of corrections or a county 10 sheriff, a similar agency from another state, or the 11 federal government. 12 Sec. ___. Section 724.4, subsection 4, Code 1997, 13 is amended by adding the following new paragraph: 14 NEW PARAGRAPH. k. A person engaged in the 15 business of transporting prisoners under a contract 16 with the Iowa department of corrections or a county 17 sheriff, a similar agency from another state, or the 18 federal government." 19 2. Title page, line 1, by striking the words "to 20 provide" and inserting the following: "relating to 21 agreements for the provision of services, by excluding 22 persons who provide transportation of prisoners from 23 requirements pertaining to private investigators or 24 security agents and the carrying of weapons, and 25 providing". 26 3. Title page, line 2, by inserting after the 27 word "resources" the following: "by the department of 28 corrections". 29 4. By renumbering as necessary. Bernau of Story asked and received unanimous consent to withdraw amendment H-8622, to amendment H-8594, filed by him on March 24, 1998. Bernau of Story offered the following amendment H-8787, to amendment H-8594, filed by him and moved its adoption: H-8787 1 Amend the amendment, H-8594, to Senate File 2331, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by inserting after line 11, the 5 following: 6 "Sec. ___. NEW SECTION. 356.50 PRIVATE 7 TRANSPORTATION OF PRISONERS. 8 If a county sheriff contracts with a private person 9 or entity for the transportation of prisoners to or 10 from a county jail, the contract shall include 11 provisions which require the following: 12 1. The private person or any officers or employees 13 of the private person or private entity shall not have 14 been convicted of any of the following: 15 a. A felony. 16 b. Within the three-year period immediately 17 preceding the date of the execution of the contract, a 18 violation of the laws pertaining to operation of motor 19 vehicles punishable as a serious misdemeanor or 20 greater offense. 21 c. Domestic abuse assault in which bodily injury 22 was inflicted or attempted to be inflicted. 23 d. A crime involving illegal manufacture, use, 24 possession, sale, or an attempt to illegally 25 manufacture, use, possess, or sell alcohol or a 26 controlled substance or other drug. 27 2. The person or persons actually transporting the 28 prisoners shall be trained and proficient in the safe 29 use of firearms. 30 3. Any employees of a private entity which has 31 entered into the contract for transportation of 32 prisoners shall only possess and use security and 33 restraint equipment, including any firearms, which has 34 been issued by the private entity. 35 4. The person or persons actually transporting the 36 prisoners shall be trained and proficient in 37 appropriate transportation procedures. 38 5. The person or entity complies, within one year 39 of publication, with any applicable standards for the 40 transportation of prisoners promulgated by the 41 American corrections association." 42 2. Page 1, by inserting after line 18, the 43 following: 44 " . Page 2, by inserting after line 9, the 45 following: 46 "Sec. ___. NEW SECTION. 904.320 PRIVATE 47 TRANSPORTATION OF PRISONERS. 48 1. If the director contracts with a private person 49 or entity for the transportation of inmates to or from 50 an institution, the contract shall include provisions Page 2 1 which require the following: 2 a. The private person or any officers or employees 3 of the private person or private entity shall not have 4 been convicted of any of the following: 5 (1) A felony. 6 (2) Within the three-year period immediately 7 preceding the date of the execution of the contract, a 8 violation of the laws pertaining to operation of motor 9 vehicles punishable as a serious misdemeanor or 10 greater offense. 11 (3) Domestic abuse assault in which bodily injury 12 was inflicted or attempted to be inflicted. 13 (4) A crime involving illegal manufacture, use, 14 possession, sale, or an attempt to illegally 15 manufacture, use, possess, or sell alcohol or a 16 controlled substance or other drug. 17 b. The person or persons actually transporting the 18 prisoners shall be trained and proficient in the safe 19 use of firearms. 20 c. Any employees of a private entity which has 21 entered into the contract for transportation of 22 prisoners shall only possess and use security and 23 restraint equipment, including any firearms, which has 24 been issued by the private entity. 25 d. The person or persons actually transporting the 26 prisoners shall be trained and proficient in 27 appropriate transportation procedures. 28 e. The person or entity complies, within one year 29 of publication, with any applicable standards for the 30 transportation of prisoners promulgated by the 31 American corrections association. 32 2. The department shall adopt rules pertaining to 33 contracts with private persons or entities providing 34 transportation of inmates of institutions under the 35 control of the department."" 36 3. Page 1, line 23, by inserting before the word 37 "requirements" the following: "statutory". 38 4. Page 1, by inserting after line 28, the 39 following: 40 " . Title page, line 2, by inserting after the 41 word "services" the following: "and providing for 42 certain contractual requirements and the adoption of 43 rules by the department of corrections"." 44 5. By numbering and renumbering as necessary. Amendment H-8787 was adopted. Kremer of Buchanan moved the adoption of amendment H-8594, as amended. Amendment H-8594, as amended, was adopted. Kremer of Buchanan offered the following amendment H-8593 filed by him and moved its adoption: H-8593 1 Amend Senate File 2331, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 29, by inserting after the word 4 "programming." the following: "Any agreement to 5 utilize mental health institutions and to share staff 6 and resources shall provide that the costs of the 7 habilitative and treatment services shall be paid from 8 state funds." Amendment H-8593 was adopted. Kremer of Buchanan moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2331) The ayes were, 96: 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 Falck Fallon Ford Frevert Garman Gipp Greig 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 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, 4: Eddie Foege Greiner Siegrist The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGES Gipp of Winneshiek asked and received unanimous consent that the following bills be immediately messaged to the Senate: House File 2534, Senate Files 2387 and 2331. Appropriations Calendar Senate File 2280, a bill for an act relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the Iowa department of public health, the department of human rights, the governor's alliance on substance abuse, and the commission of veterans affairs, and providing effective dates, with report of committee recommending amendment and passage, was taken up for consideration. Gipp of Winneshiek asked and received unanimous consent that Senate File 2280 be deferred and that the bill retain its place on the calendar. 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 7, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 530, a bill for an act relating to the establishment of an E911 surcharge, providing for the distribution of the surcharge, and providing a pooling mechanism for the purchase of equipment necessary for an E911 system. Also: That the Senate has on April 7, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2329, a bill for an act relating to crime victims, by expanding the compensation available from the crime victim compensation program to victims of crime and their families and providing a Code editor directive. Also: That the Senate has on April 7, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2330, a bill for an act relating to the filing of civil litigation by prisoners and providing an effective date. Also: That the Senate has on April 7, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2378, a bill for an act relating to real estate titles involving bankruptcy. MARY PAT GUNDERSON, Secretary On motion by Gipp of Winneshiek, the House was recessed at 11:58 a.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 1:00 p.m., Speaker pro tempore Van Maanen of Marion in the chair. The House stood at ease at 1:02 p.m., until the fall of the gavel. The House resumed session and consideration of Senate File 2280 (previously deferred) at 2:10 p.m., Blodgett of Cerro Gordo in the chair. Nelson of Marshall offered amendment H-8881 filed by the committee on appropriations as follows: H-8881 1 Amend Senate File 2280, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 11, by striking the figure 4 "95.00" and inserting the following: "97.50". 5 2. Page 1, by inserting after line 11 the 6 following: 7 "Two of the FTEs appropriated for in this section 8 relate to the transition of personnel services 9 contractors to FTEs. The merit system provisions of 10 chapter 19A and the provisions of the state or union 11 collective bargaining agreements shall not govern 12 movement into these FTE positions until September 1, 13 1998. This provision relating to the transition of 14 personnel services contractors shall apply to the 15 period beginning July 1, 1998, and ending September 1, 16 1998." 17 3. Page 20, by striking lines 14 through 16. 18 4. Page 21, line 15, by striking the figure 19 "801.82" and inserting the following: "803.64". 20 5. Page 21, by inserting after line 15 the 21 following: 22 "Two of the FTEs appropriated for in this 23 subsection relate to the transition of personnel 24 services contractors to FTEs. The merit system 25 provisions of chapter 19A and the provisions of the 26 state or union collective bargaining agreements shall 27 not govern movement into these FTE positions until 28 September 1, 1998. This provision relating to the 29 transition of personnel services contractors shall 30 apply to the period beginning July 1, 1998, and ending 31 September 1, 1998." 32 6. Page 21, by inserting after line 30 the 33 following: 34 "c. Any Iowa veterans home successor contractor 35 shall not consider employees of a state institution or 36 facility to be new employees for purposes of employee 37 wages, health insurance, or retirement benefits." 38 7. By striking page 22, line 8, through page 23, 39 line 14, and inserting the following: 40 "2. In addition to the amount appropriated in 41 subsection 1, an amount sufficient for full funding of 42 the amounts allocated in this subsection shall be 43 encumbered from the moneys appropriated to the Iowa 44 department of public health pursuant to section 45 99E.10, subsection 1, paragraph "a", as amended by 46 this Act. However, if the total amount appropriated 47 pursuant to section 99E.10, subsection 1, paragraph 48 "a", as amended by this Act is insufficient for full 49 funding of the allocations, the allocations shall be 50 prorated proportionately. The moneys appropriated in Page 2 1 subsection 1 and encumbered pursuant to this 2 subsection are allocated as follows: 3 a. For the public health nursing program: 4 $ 200,000 5 b. For transfer to the department of public safety 6 to combat methamphetamine use: 7 $ 236,000 8 (1) Of the funds allocated in this lettered 9 paragraph, $111,000 shall be utilized by the division 10 of narcotics enforcement of the department of public 11 safety for undercover purchases of methamphetamine by 12 law enforcement agency and drug task force personnel. 13 (2) Of the funds allocated in this lettered 14 paragraph, $125,000 shall be utilized by the division 15 of narcotics enforcement of the department of public 16 safety for the establishment of a methamphetamine 17 stoppers reward fund and hotline. Citizen informants 18 shall be entitled to receive up to $250 upon the 19 conviction of a methamphetamine dealer, and up to 20 $1,000 for the successful exposure of a 21 methamphetamine lab. The division shall develop 22 specific program parameters and qualification 23 criteria. 24 c. For the provision of emergency medical services 25 and training of emergency medical services personnel: 26 $ 78,000 27 d. For transfer to the department of elder affairs 28 to be used for the recruitment, retention, 29 recognition, and training of care review committee 30 volunteers: 31 $ 130,000 32 e. For transfer to the governor's alliance on 33 substance abuse for the establishment of a public 34 education program warning the general public about the 35 dangers of methamphetamine use: 36 $ 150,000 37 f. For transfer to the governor's alliance on 38 substance abuse for the establishment of an education 39 program designed to increase the availability of 40 information relating to methamphetamine abuse in Iowa 41 schools and throughout the media: 42 $ 200,000 43 The funds allocated in this lettered paragraph 44 shall be used to assist in targeting an anti- 45 methamphetamine message specifically to Iowa teenagers 46 through the school system and through public service 47 media advertisements, including the development of an 48 educational video and instructional material for use 49 by Iowa public school instructors. The education 50 program shall be coordinated by the drug enforcement Page 3 1 and abuse prevention coordinator in consultation with 2 the Iowa drug abuse prevention and education advisory 3 council established in section 80E.2. 4 g. For the surveillance of existing and emerging 5 infectious disease: 6 $ 100,000 7 h. For transfer to the department of public safety 8 for hazardous materials response team training. The 9 department of public safety shall coordinate with the 10 Iowa state university extension engineering program 11 regarding development of the training program: 12 $ 25,000" 13 8. By striking page 23, line 32, through page 24, 14 line 23, and inserting the following: 15 "Sec. ___. Section 99D.15, Code 1997, is amended 16 by adding the following new subsection: 17 NEW SUBSECTION. 5. Of the tax revenue received by 18 the commission pursuant to subsections 1, 3, and 4, an 19 amount equal to three-tenths of one percent of the 20 gross sum wagered by the pari-mutuel method at each 21 racetrack shall be deposited in the gambling treatment 22 fund specified in section 99E.10, subsection 1, 23 paragraph "a". 24 Sec. ___. Section 99E.10, subsection 1, paragraph 25 a, Code Supplement 1997, is amended to read as 26 follows: 27 a. An amount equal to three-tenths of one percent 28 of the gross lottery revenue, and the amount equal to 29 three-tenths of one percent of the adjusted gross 30 receipts from excursion boat and racetrack wagering 31 allocated pursuant to section 99F.11, subsection 3, 32 shall be deposited in a gambling treatment fund in the 33 office of the treasurer of state. The directorof the34Iowa departmentof public health shall administer the 35 fund and shall provide that receipts are allocated on 36 a monthly basis to fund administrative costs and to 37 provide programs which may include, but are not 38 limited to, outpatient and follow-up treatment for 39 persons affected by problem gambling, rehabilitation 40 and residential treatment programs, information and 41 referral services,andeducation and preventive 42 services, and financial management services. Receipts 43 deposited in excess of one million nine hundred 44 thousand dollars are appropriated to the Iowa 45 department of public health to be expended at the 46 discretion of the director of public health. 47 Sec. ___. Section 99F.11, subsection 3, Code 1997, 48 is amended to read as follows: 49 3. Three-tenths of one percent of the adjusted 50 gross receipts shall be deposited in thegamblersPage 4 1assistancegambling treatment fund specified in 2 section 99E.10, subsection 1, paragraph "a"." 3 9. Page 27, by striking line 10 and inserting the 4 following: 5 "4.5. This section is repealed effective June 30, 619982000." 7 10. By renumbering, relettering, or redesignating 8 and correcting internal references as necessary. Nelson of Marshall offered the following amendment H-8951, to the committee amendment H-8881, filed by her and moved its adoption: H-8951 1 Amend the amendment, H-8881, to Senate File 2280, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by striking line 7 and inserting the 5 following: 6 "Of the full-time equivalent positions appropriated 7 for in this section, 2.50 FTEs". 8 2. Page 1, by striking lines 22 and 23 and 9 inserting the following: 10 "Of the full-time equivalent positions appropriated 11 for in subsection 1, 1.82 FTEs relate to the 12 transition of personnel". 13 3. By striking page 1, line 40, through page 2, 14 line 2, and inserting the following: 15 "2. a. In addition to the amount appropriated in 16 subsection 1, there is appropriated from receipts in 17 excess of $1,900,000 deposited into the gambling 18 treatment fund pursuant to section 99E.10, subsection 19 1, paragraph "a", to the Iowa department of public 20 health, for the fiscal year beginning July 1, 1998, 21 and ending June 30, 1999, an amount sufficient for 22 funding of the allocation made in subsection 3. 23 b. For the fiscal year beginning July 1, 1998, and 24 ending June 30, 1999, an amount of the tax revenue 25 received pursuant to section 99D.15, subsections 1, 3, 26 and 4 equal to three-tenths of one percent of the 27 gross sum wagered by the pari-mutuel method shall be 28 deposited into the gambling treatment fund in addition 29 to the other revenue deposited under law. 30 c. The amounts appropriated pursuant to paragraph 31 "a" shall be based on the most recent projections for 32 gross lottery revenue, excursion boat and racetrack 33 wagering revenue, and tax revenue derived from pari- 34 mutuel wagering, for the fiscal year beginning July 1, 35 1998, and ending June 30, 1999. If the amounts 36 appropriated based on the projects are insufficient 37 for full funding of the allocations, the allocations 38 shall be prorated proportionately. 39 3. The moneys appropriated in subsections 1 and 2 40 shall be allocated as follows:" 41 4. By striking page 3, line 13, through page 4, 42 line 2, and inserting the following: 43 " . By striking page 23, line 32, through page 44 24, line 17, and inserting the following: 45 "Sec. ___. Section 99E.10, subsection 1, paragraph 46 a, Code Supplement 1997, is amended to read as 47 follows: 48 a. An amount equal to three-tenths of one percent 49 of the gross lottery revenue shall be deposited in a 50 gambling treatment fund in the office of the treasurer Page 2 1 of state. The director of the Iowa department of 2 public health shall administer the fund and shall 3 provide that receipts are allocated on a monthly basis 4 to fund administrative costs and to provide programs 5 which may include, but are not limited to, outpatient 6 and follow-up treatment for persons affected by 7 problem gambling, rehabilitation and residential 8 treatment programs, information and referral services, 9andeducation and preventive services, and financial 10 management services."" 11 5. By renumbering as necessary. Amendment H-8951, to the committee amendment H-8881, was adopted placing amendment H-8981, to the committee amendment H-8881, filed by Murphy of Dubuque from the floor, out of order. Dotzler of Black Hawk asked and received unanimous consent to withdraw amendment H-8944, to the committee amendment H-8881, filed by him on April 6, 1998. Murphy of Dubuque asked and received unanimous consent to withdraw amendment H-8961, to the committee amendment H-8881, filed by him on April 6, 1998. Murphy of Dubuque offered the following amendment H-8968, to the committee amendment H-8881, filed by him and Dotzler of Black Hawk from the floor and moved its adoption: H-8968 1 Amend the amendment, H-8881, to Senate File 2280, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 2, by inserting after line 4 the 5 following: 6 "The funds appropriated in this paragraph shall be 7 utilized by the Iowa department of public health to 8 establish a competitive grant program to increase the 9 availability of public health nurses throughout the 10 state, and shall be in addition to funding allocated 11 pursuant to existing contracts entered into between 12 the department and the local boards of health and 13 boards of supervisors. One-half of the funds 14 appropriated shall be awarded to county applicants 15 with a county population of less than 25,000, and the 16 remaining one-half shall be awarded to county 17 applicants with a county population of 25,000 or more. 18 A county may submit an application to the 19 department for a grant to expand the county's existing 20 public health nursing program by October 1, 1998, on 21 application forms to be developed by the department. 22 Grant award criteria shall include the extent to which 23 existing allocations to the county have successfully 24 been utilized to maintain and expand the public health 25 nursing program for elderly and low-income persons, 26 the proportion of elderly and low-income persons 27 living in the county in relation to the total number 28 of elderly and low-income persons living in the state, 29 and proposals submitted by the county for expanding 30 existing services and programs to meet the particular 31 needs of the elderly and low-income persons residing 32 within the county. A county receiving a grant award 33 may utilize the grant moneys to expand existing 34 subcontracts with a nonprofit nurses' association, or 35 an independent nonprofit agency, or for new programs 36 and services as proposed in the grant application. 37 The department shall submit a report to the general 38 assembly by January 1, 2000, regarding the 39 effectiveness of the competitive grant program in 40 expanding public health nursing care, and containing 41 recommendations regarding future utilization or 42 expansion of the program." Amendment H-8968, to the committee amendment H-8881, was adopted. LEAVE OF ABSENCE Leave of absence was granted as follows: Burnett of Story, until her arrival, on request of Schrader of Marion. Cormack of Webster offered the following amendment H-8918, to the committee amendment H-8881, filed by him and moved its adoption: H-8918 1 Amend the amendment, H-8881, to Senate File 2280, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 2, line 18, by striking the figure "250" 5 and inserting the following: "1,000". Amendment H-8918, to the committee amendment H-8881, was adopted. Murphy of Dubuque asked and received unanimous consent to withdraw amendment H-8962, to the committee amendment H-8881, filed by him on April 6, 1998. Brand of Tama offered the following amendment H-8982, to the committee amendment H-8881, filed by him from the floor and moved its adoption: H-8982 1 Amend the amendment, H-8881, to Senate File 2280, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 2, by inserting after line 31 the 5 following: 6 "The department shall develop outcome measurements 7 regarding use of the funds allocated in this lettered 8 paragraph, and shall conduct a study of issues 9 including, but not limited to, how the funds were 10 utilized, liability for area agencies on aging, and 11 access to nursing home records. The department shall 12 submit a report of the results of the study to the 13 general assembly by January 1, 2000." Amendment H-8982, to the committee amendment H-8881, was adopted. Murphy of Dubuque offered the following amendment H-8983, to the committee amendment H-8881, filed by him from the floor and moved its adoption: H-8983 1 Amend the amendment, H-8881, to Senate File 2280, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 2, line 31, by striking the figure 5 "130,000" and inserting the following: "240,000". 6 2. Page 3, by inserting after line 12 the 7 following: 8 "i. For transfer to the Iowa law enforcement 9 academy to be used for the drug abuse resistance 10 education program: 11 $ 150,000 12 j. For use by local boards of health to ensure 13 that core public health functions are maintained and 14 to support essential services in their communities: 15 $ 350,000 16 k. For transfer to the department of public safety 17 for costs associated with the training of state and 18 local law enforcement personnel concerning the 19 recognition of and response to persons with 20 Alzheimer's disease by the department of public 21 safety: 22 $ 70,000 23 l. For transfer to the commission on the status of 24 African-Americans to be used for workshops 25 administered through the department of human rights: 26 $ 10,000" A non-record roll call was requested. The ayes were 37, nays 46. Amendment H-8983 lost. Carroll of Poweshiek in the chair at 3:25 p.m. Cormack of Webster offered the following amendment H-8943, to the committee amendment H-8881, filed by him and Brunkhorst of Bremer and moved its adoption: H-8943 1 Amend the amendment, H-8881, to Senate File 2280, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. By striking page 1, line 38, through page 3, 5 line 46, and inserting the following: 6 " . By striking page 22, line 2, through page 7 23, line 24. 8 . Page 23, by inserting after line 31 the 9 following: 10 "Sec. ___. Section 99D.15, Code 1997, is amended 11 by adding the following new subsection: 12 NEW SUBSECTION. 5. Of the tax revenue received by 13 the commission pursuant to subsections 1, 3, and 4, an 14 amount equal to three-tenths of one percent of the 15 gross sum wagered by the pari-mutuel method at each 16 racetrack shall be deposited in the gambling treatment 17 fund specified in section 99E.10, subsection 1, 18 paragraph "a". 19 . Page 24, by striking lines 3 and 4 and 20 inserting the following: "subsection 3, shall be 21 deposited in a". 22 . Page 24, by striking lines 14 through 17."" Amendment H-8943 lost. Murphy of Dubuque offered the following amendment H-8984, to the committee amendment H-8881, filed by him from the floor and moved its adoption: H-8984 1 Amend the amendment, H-8881, to Senate File 2280, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 4, by inserting after line 6 the 5 following: 6 " . Page 27, by inserting after line 16 the 7 following: 8 "Sec. ___. GAMBLING TREATMENT FUND. There shall 9 be appropriated from the general fund of the state to 10 the gambling treatment fund established pursuant to 11 section 99E.10, subsection 1, paragraph "a", the 12 amount of $1,100,000 for the fiscal year beginning 13 July 1, 1998, and ending June 30, 1999."" Roll call was requested by Murphy of Dubuque and Gipp of Winneshiek. Rule 75 was invoked. On the question "Shall amendment H-8984 be adopted?" (S.F. 2280) The ayes were, 47: Bell Bernau Brand Bukta Cataldo Chapman Chiodo Cohoon Connors Cormack 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 Vande Hoef Warnstadt Weigel Whitead Wise Witt The nays were, 50: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Churchill Corbett, Spkr. 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 Sukup Teig Thomson Tyrrell Van Fossen Veenstra Weidman Welter Carroll, Presiding Absent or not voting, 3: Burnett Siegrist Van Maanen Amendment H-8984 lost. Nelson of Marshall moved the adoption of the committee amendment H-8881, as amended. The committee amendment H-8881, as amended, was adopted, placing amendment H-8778 filed by Blodgett of Cerro Gordo and May of Worth on March 30, 1998, out of order. Martin of Scott offered the following amendment H-8945 filed by her and moved its adoption: H-8945 1 Amend Senate File 2280, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 3, by inserting after line 13 the 4 following: 5 "3. The department may grant an exception for a 6 limited period of time, determined by the department 7 to be reasonable, to allow for compliance by persons 8 regulated by the department or applicants for assisted 9 living certification with any part of chapter 104A 10 relative to buildings in existence on July 1, 1998. 11 The determination of the period of time allowed for 12 compliance shall be commensurate with the anticipated 13 magnitude of expenditure, disruption of services, and 14 the degree of hazard presented. The department shall 15 also be authorized to modify the accessibility 16 requirements otherwise applicable to such applicants 17 for buildings in existence on July 1, 1998, if the 18 department determines that compliance with the 19 requirements would be unreasonable, but only if it is 20 determined that noncompliance with the requirements 21 would not present an unreasonable degree of danger." Amendment H-8945 was adopted. Moreland of Wapello offered the following amendment H-8924 filed by him and moved its adoption: H-8924 1 Amend Senate File 2280, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 3, by inserting after line 27 the 4 following: 5 "3. For the establishment of a comprehensive 6 program to combat methamphetamine use: 7 $ 2,500,000 8 a. Of the funds appropriated in this subsection, 9 $1,500,000 shall be used to establish a grant program 10 to provide grants to local law enforcement agencies 11 and existing drug task forces for the training of 12 personnel and purchase of equipment relating to 13 methamphetamine enforcement efforts. The grants shall 14 be used to provide training and resources to local law 15 enforcement agencies, regional drug task forces, and 16 volunteer medical personnel and firefighters involved 17 in the investigation of clandestine methamphetamine 18 laboratories. The grants may be used to hire 19 additional personnel or to purchase surveillance and 20 other equipment needed by local authorities to conduct 21 methamphetamine investigations. The grant program 22 shall be administered by the drug enforcement and 23 abuse prevention coordinator in consultation with the 24 Iowa narcotics enforcement advisory council 25 established in section 80E.3. 26 b. Of the funds appropriated in this subsection, 27 $500,000 shall be used for an education program 28 designed to increase the availability of information 29 relating to methamphetamine abuse in Iowa schools and 30 throughout the media. The funds shall assist in 31 targeting an anti-methamphetamine message specifically 32 to Iowa teenagers through the school system and 33 through public service media advertisements. The 34 education program shall be coordinated by the drug 35 enforcement and abuse prevention coordinator in 36 consultation with the Iowa drug abuse prevention and 37 education advisory council established in section 38 80E.2. 39 c. Of the funds appropriated in this subsection, 40 $500,000 shall be used to expand existing substance 41 abuse treatment and rehabilitation programs, and 42 establish new programs designed to assist efforts by 43 methamphetamine users to overcome their addiction. 44 The treatment and rehabilitation expansion effort 45 shall be coordinated by the substance abuse division 46 of the Iowa department of public health. 47 d. The governor's alliance on substance abuse 48 shall coordinate with the Iowa department of public 49 health, the department of human services, and the 50 department of public safety regarding the development Page 2 1 and administration of the program to combat 2 methamphetamine use. The governor's alliance on 3 substance abuse shall submit a report to the governor 4 and the general assembly by January 1, 2000. The 5 report shall contain an accounting of program 6 expenditures, estimated methamphetamine usage rates 7 before and after program implementation, investigation 8 and education efforts, treatment and rehabilitation 9 program referrals and success rates, and 10 recommendations regarding continued efforts to combat 11 methamphetamine use." Roll call was requested by Moreland of Wapello and Murphy of Dubuque. Rule 75 was invoked. On the question "Shall amendment H-8924 be adopted?" (S.F. 2280) The ayes were, 46: Bell Bernau Brand Bukta 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 Welter Whitead Wise Witt The nays were, 51: Arnold Barry Blodgett Boddicker Boggess Brauns Brunkhorst 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 Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Carroll, Presiding Absent or not voting, 3: Bradley Burnett Siegrist Amendment H-8924 lost. Warnstadt of Woodbury offered amendment H-8963 filed by him and Whitead of Woodbury as follows: H-8963 1 Amend Senate File 2280, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 7, by inserting after line 34 the 4 following: 5 "h. The director of public health shall designate, 6 as the state poison center, a medical center in the 7 state which is operating a poison center on or before 8 July 1, 1998. The state poison center shall provide 9 poison information, telephone management advice and 10 consultation, conduct hazard surveillance to achieve 11 hazard elimination, and provide professional and 12 public education in poison prevention, diagnosis, and 13 treatment, and shall provide any other services or 14 functions necessary to be classified as a certified 15 poison center. The poison center shall not 16 subcontract with a poison center outside of the state 17 to provide the necessary services or functions. The 18 director shall provide the necessary documentation of 19 the state poison center designation to the poison 20 center for certification by the American association 21 of poison control centers or other certifying 22 organization." Warnstadt of Woodbury offered the following amendment H-8986, to amendment H-8963, filed by him and Greig of Emmet from the floor and moved its adoption: H-8986 1 Amend the amendment, H-8963, to Senate File 2280, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by striking line 6 and inserting the 5 following: "as a state poison center, any medical 6 center in the". 7 2. Page 1, by striking lines 15 through 17 and 8 inserting the following: "poison center. The". Amendment H-8986 was adopted. Warnstadt of Woodbury moved the adoption of amendment H-8963, as amended. Amendment H-8963, as amended, was adopted. Nelson of Marshall offered the following amendment H-8946 filed by her and Grundberg of Polk and moved its adoption: H-8946 1 Amend Senate File 2280, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 8, by inserting after line 15 the 4 following: 5 "(3) The division shall establish an interagency 6 work group to conduct an evaluation of the 7 effectiveness of all existing federal and state funded 8 substance abuse treatment and prevention programs in 9 the state. Evaluation issues and components to be 10 examined by the interagency work group shall include, 11 but are not limited to, access to treatment; 12 identification of all state and federal funds spent on 13 treatment and prevention programs, including insurance 14 plan components and employee assistance programs; 15 substance abuse relapse rates; the reasons for 16 different outcomes in different programs; costs of 17 service delivery; the relationship of outcomes to cost 18 offsets such as a decline in arrest rates and 19 hospitalizations; review of managed care approaches 20 and exemplary programs in other states; and the 21 profiling of clients by the types of substances 22 abused. 23 The interagency work group shall be comprised of 24 representatives from the department of human services, 25 the department of public health, the department of 26 corrections, the governor's alliance on substance 27 abuse, the state department of personnel, and the 28 judicial department. 29 The department shall submit a report containing the 30 recommendations of the interagency work group to the 31 governor and the general assembly by January 1, 2000." Amendment H-8946 was adopted. Hansen of Pottawattamie offered the following amendment H-8980 filed by him, Foege of Linn, and Rants of Woodbury from the floor and moved its adoption: H-8980 1 Amend Senate File 2280, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 10, line 5, by inserting after the word 4 "department" the following: ", in consultation with 5 the advisory committee for perinatal guidelines,". 6 2. Page 10, line 11, by inserting after the word 7 "recommendations." the following: "Hospitals within 8 the state shall determine whether to participate in 9 the statewide perinatal program, and select the 10 hospital's level of participation in the program. A 11 hospital having determined to participate in the 12 program shall comply with the guidelines appropriate 13 to the level of participation selected by the 14 hospital." Amendment H-8980 was adopted. Nelson of Marshall offered the following amendment H-8941 filed by her and moved its adoption: H-8941 1 Amend Senate File 2280, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 10, line 6, by striking the words "in 4 accordance with" and inserting the following: "based 5 on". Amendment H-8941 was adopted. Thomson of Linn offered the following amendment H-8748 filed by her and moved its adoption: H-8748 1 Amend Senate File 2280, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 17, line 9, by striking the figure "1966" 4 and inserting the following: "1996". Amendment H-8748 was adopted. Ford of Polk offered the following amendment H-8966 filed by him and moved its adoption: H-8966 1 Amend Senate File 2280, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 18, line 14, by striking the figure 4 "222,159" and inserting the following: "279,201". 5 2. Page 18, line 15, by striking the figure 6 "6.60" and inserting the following: "7.60". A non-record roll call was requested. The ayes were 43, nays 45. Amendment H-8966 lost. Warnstadt of Woodbury offered the following amendment H-8929 filed by him and moved its adoption: H-8929 1 Amend Senate File 2280, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 21, line 14, by striking the figure 4 "41,912,604" and inserting the following: 5 "41,974,947". 6 2. Page 22, by inserting after line 1 the 7 following: 8 "d. Of the funds appropriated in this subsection, 9 $62,343 shall be used by the Iowa veterans home for 10 increased medical supply and pharmaceutical expenses." Amendment H-8929 lost. Cormack of Webster asked and received unanimous consent to withdraw amendment H-8942 filed by him and Brunkhorst of Bremer on April 6, 1998. Nelson of Marshall 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. 2280) The ayes were, 91: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Bukta Burnett Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. 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 Jochum Kinzer Klemme Koenigs Kreiman 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 Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Witt Carroll, Presiding The nays were, 7: Brunkhorst Cormack Fallon Ford Moreland Van Maanen Wise Absent or not voting, 2: Cataldo Siegrist The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that Senate File 2280 be immediately messaged to the Senate. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on March 24, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 334, a bill for an act relating to certain franchise agreements by establishing a duty of good faith, providing for alternative dispute resolution, providing for venue and choice of law, and repealing existing franchise provisions. MARY PAT GUNDERSON, Secretary Speaker Corbett in the chair at 5:08 p.m. Appropriations Calendar House File 2545, a bill for an act relating to county mental health, mental retardation, and developmental disabilities service funding, allocating an appropriation, and providing effective dates, was taken up for consideration. Myers of Johnson offered the following amendment H-8939 filed by Myers, et al., and moved its adoption: H-8939 1 Amend House File 2545 as follows: 2 1. Page 1, line 10, by striking the word 3 "Transfers" and inserting the following: "Except as 4 authorized in section 331.477, transfers". 5 2. Page 1, line 35, by striking the figure 6 "10,000,000" and inserting the following: 7 "12,000,000". 8 3. Page 2, line 10, by striking the figure 9 "4,000,000" and inserting the following: "2,000,000". 10 4. Page 2, by inserting after line 30 the 11 following: 12 "Sec. ___. Section 405A.4, subsection 2, Code 13 1997, is amended to read as follows: 14 2. The allocation of a county as determined under 15 subsection 1 may be credited to the general, rural 16 services, secondary road, or other special revenue 17 fund of the county. The allocation of a county under 18 subsection 1 shall not be credited to the county's 19 mental health, mental retardation, and developmental 20 disabilities services fund." 21 5. By striking page 2, line 31, through page 3, 22 line 2. 23 6. Page 3, line 4, by striking the word 24 "subsections" and inserting the following: 25 "subsection". 26 7. Page 3, by striking lines 9 through 19. 27 8. Page 5, by inserting after line 10 the 28 following: 29 "___. A county shall annually submit to the risk 30 pool board created in subsection 3, a proposal for the 31 amount of improvement the county will make on the 32 statewide performance measures, the county-specific 33 performance measures selected by the county, and the 34 amount of improvement the county will make on the 35 county-specific performance measures. The risk pool 36 board may accept the proposal, request modifications 37 of the proposal, or reject the proposal." 38 9. Page 5, line 14, by inserting after the word 39 "measures" the following: ", as determined by the 40 risk pool board". 41 10. Page 5, line 35, by striking the word "five" 42 and inserting the following: "two". 43 11. Page 5, line 35, by inserting after the word 44 "auditors," the following: "a member of the state- 45 county management committee created in section 331.438 46 who was not appointed by the Iowa state association of 47 counties, a member of the county finance committee 48 created in chapter 333A who is not an elected 49 official,". 50 12. Page 6, line 2, by striking the word "and" Page 2 1 and inserting the following: ", and one member 2 appointed by the director of human services. All 3 members appointed by the governor shall be". 4 13. Page 6, line 5, by inserting after the word 5 "members" the following: "representing counties". 6 14. Page 6, line 6, by inserting after the word 7 "origin." the following: "Expenses and other costs of 8 risk pool board members who do not represent counties 9 shall be paid from a source determined by the 10 governor." 11 15. Page 6, line 15, by inserting after the word 12 "assistance" the following: "and for repaying unused 13 risk pool assistance". 14 16. Page 6, line 22, by inserting before the word 15 "need" the following: "projected". 16 17. Page 6, by inserting after line 26 the 17 following: 18 "(__) The board shall review the fiscal year-end 19 financial records for all counties that are granted 20 risk pool assistance. If the board determines a 21 county's actual need for risk pool assistance was less 22 than the amount of risk pool assistance granted to the 23 county, the county shall refund the difference between 24 the amount of assistance granted and the actual need. 25 The county shall submit the refund within thirty days 26 of receiving notice from the board. Refunds shall be 27 credited to the risk pool." 28 18. By renumbering, relettering, or redesignating 29 and correcting internal references as necessary. Amendment H-8939 was adopted. Carroll of Poweshiek moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2545) 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 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 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: Siegrist The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that House File 2545 be immediately messaged to the Senate. HOUSE FILE 2361 REREFERRED The Speaker announced that House File 2361, previously referred to the committee on economic development was rereferred to committee on ways and means. 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 7th day of April, 1998: House Files 677 and 2337. 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: Twenty-four 6th grade students from Lenox Community School, Lenox, accompanied by Mrs. Janet Reed. By Boggess of Taylor. Twelve 7th and 8th grade students from Washington Junior High, accompanied by Mr. and Mrs. Johl. By Jochum of Dubuque, Murphy of Dubuque, Osterhaus of Jackson and Scherrman of Dubuque. Thirty-three Seniors from Nora Springs Rock Falls Community School, Nora Springs, accompanied by Bob Schaefer. By Koenigs of Mitchell. Fifty 8th grade students from Grafton Middle School, Grafton, accompanied by Deb Kramer. By Koenigs of Mitchell and May of Worth. Sixth grade students from Grand Community School, Boxholm, accompanied by Mrs. Knox. By O'Brien of Boone. Eighty Government students from Waterloo West High School, Waterloo, accompanied by Bob Weaton and Bill Eggers. By Shoultz of Black Hawk. Fifty students from Belle Plaine Community High School, Belle Plaine, accompanied by Superintendent Richard Paul, Mr. Tegeler, Mr. Bohlen and the Belle Plaine Rotary. By Tyrrell 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 1998\413 Rich King, Oelwein - For his contributions to the Oelwein community and receiving the 1998 Service to Mankind award. 1998\414 Carl and Ruth Tuecke, Guttenberg - For celebrating their 60th wedding anniversary. 1998\415 Eugene and Maxine Suddendorf, Postville - For celebrating their 50th wedding anniversary. 1998\416 Phil Steffen, Winthrop - For being named Junior High Wrestling Coach of the Year. 1998\417 Mary Ann Gensicke, Cedar Rapids - For her participation as a People to People Student Ambassador and being named a delegation leader. 1998\418 William Joseph Everman, Cedar Rapids - For his participation as a People to People Student Ambassador. 1998\419 Christopher Steven Gensicke, Cedar Rapids - For his participation as a People to People Student Ambassador. 1998\420 Timothy Mark Hau, Cedar Rapids - For his participation as a People to People Student Ambassador. 1998\421 Erin Nicole Jehle, Iowa City - For her participation as a People to People Student Ambassador. 1998\422 Jessica Elise Salviati, Marion - For her participation as a People to People Student Ambassador. 1998\423 Lauren Michele Squires, Cedar Rapids - For her participation as a People to People Student Ambassador. 1998\424 Hillary Ann Waddell, Cedar Rapids - For her participation as a People to People Student Ambassador. 1998\425 Eleanor Novotny, Toledo - For celebrating her 80th birthday. 1998\426 Luella "Lolly" Hora, Clutier - For celebrating her 80th birthday. 1998\427 George and Darlene Konicek, Clutier - For celebrating their 50th wedding anniversary. 1998\428 Ellsworth and Marlys Cizek, Traer - For celebrating their 50th wedding anniversary. 1998\429 Ernie Buresh, Tama - For his retirement from the Tama Fire Department after 34 years of dedicated service and for receiving the Governor's Volunteer Award for 34 years of meritorious service. 1998\430 Jessica Ferneau, Tama - For being named All-American Scholar by the United States Achievement Academy. 1998\431 James Ryan Currens, Traer - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1998\432 Kenneth and Wilma Busch, Garwin - For celebrating their 50th wedding anniversary. 1998\433 Gilbert and Elinor Peitzman, Dallas Center - For celebrating their 50th wedding anniversary on June 1, 1998. 1998\434 Marvin Ohrt, Clutier - For his retirement from the board of directors at Farmer's Mutual Insurance after 30 years of dedicated service. SUBCOMMITTEE ASSIGNMENT Senate File 2416 (Committee of the whole) Ways and Means: Rants, Chair; Bernau, Blodgett, Chapman, Dinkla, Dix, Doderer, Drake, Frevert, Greig, Hansen, Holmes, Jenkins, Jochum, Lamberti, Larkin, Larson, Lord, Myers, Osterhaus, Richardson, Shoultz, Teig, Van Fossen and Weigel. 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 APPROPRIATIONS Senate File 2410, 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 effective dates and an applicability provision. Fiscal Note is not required. Recommended Do Pass April 7, 1998. Committee Bill (Formerly House Study Bill 695), relating to the compensation and benefits for public officials and employees, providing for related matters, and making appropriations. Fiscal Note is not required. Recommended Amend and Do Pass April 7, 1998. COMMITTEE ON WAYS AND MEANS Committee Bill (Formerly House File 2144), providing a small business tax credit. Fiscal Note is required. Recommended Amend and Do Pass April 7, 1998. Committee Bill (Formerly House File 2330), relating to the budget certification deadline for school districts and providing an applicability date. Fiscal Note is not required. Recommended Do Pass April 7, 1998. Committee Bill (Formerly House File 2405), relating to urban renewal and urban revitalization areas, and certain property located in an urban renewal area, certification of urban renewal debt, and improvements related to urban renewal projects, and providing for the Act's applicability. Fiscal Note is not required. Recommended Amend and Do Pass April 7, 1998. RESOLUTIONS FILED HR 105, by Fallon, a resolution congratulating Dr. Joan Roberts for being named the 1997 Iowa Secondary Principal of the Year. Laid over under Rule 25. HR 106, by Fallon, a resolution congratulating Ms. Ruth Ann Gaines for being named the Iowa Teacher of the Year for 1998. Laid over under Rule 25. AMENDMENTS FILED H-8969 S.F. 2410 Veenstra of Sioux Vande Hoef of Osceola H-8970 S.F. 2277 Schrader of Marion H-8971 H.F. 2514 Shoultz of Black Hawk H-8972 H.F. 2514 Witt of Black Hawk H-8973 H.F. 2514 Mascher of Johnson H-8974 H.F. 2514 Witt of Black Hawk H-8975 H.F. 2514 Fallon of Polk H-8976 S.F. 58 Chiodo of Polk H-8977 S.F. 58 Chiodo of Polk H-8978 S.F. 58 Chiodo of Polk H-8979 H.F. 334 Senate Amendment H-8985 H.F. 2506 Hahn of Muscatine Thomas of Clayton H-8987 H.F. 2290 Arnold of Lucas Dotzler of Black Hawk H-8988 S.F. 2410 Houser of Pottawattamie H-8989 S.F. 2410 Dotzler of Black Hawk Osterhaus of Jackson Jochum of Dubuque Burnett of Story Foege of Linn H-8990 H.F. 2538 Grundberg of Polk H-8991 H.F. 2548 Heaton of Henry H-8992 S.F. 367 Holveck of Polk H-8993 S.F. 2410 Houser of Pottawattamie Osterhaus of Jackson On motion by Gipp of Winneshiek, the House adjourned at 5:30 p.m., until 8:45 a.m., Wednesday, April 8, 1998.
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