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Eighty-eighth Calendar Day - Sixtieth Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, April 9, 1998 The House met pursuant to adjournment at 9:05 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend Rich Milliken, Christian Church, Grinnell. The Journal of Wednesday, April 8, 1998 was approved. INTRODUCTION OF BILL House File 2554, by committee on ways and means, a bill for an act relating to annual reporting on urban renewal areas. Read first time and placed on the ways and means 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 8, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 2494, a bill for an act regulating animal feeding operations and making penalties applicable and providing an effective date. Also: That the Senate has on April 8, 1998, appointed the conference committee to Senate File 2295, a bill for an act relating to and making appropriations for agriculture and natural resources and providing an effective date, and the members of the Senate are: The Senator from Mahaska, Senator Hedge, Chair; the Senator from Fremont, Senator McLaren; the Senator from Boone, Senator Behn; the Senator from Jasper, Senator Black; the Senator from Monroe, Senator Judge. MARY PAT GUNDERSON, Secretary SPECIAL PRESENTATION Osterhaus of Jackson presented Pharmacist Almar Grimsson of Iceland to the House. Almar is a former chairman of Europharm (Pharmacists of Europe) and is a visiting scholar at the University of Iowa. The House rose and expressed its welcome. LEAVE OF ABSENCE Leave of absence was granted as follows: Cataldo of Polk on request of Moreland of Wapello; Koenigs of Mitchell on request of Weigel of Chickasaw. ADOPTION OF HOUSE CONCURRENT RESOLUTION 120 Connors of Polk asked and received unanimous consent for the immediate consideration of House Concurrent Resolution 120, a concurrent resolution congratulating Dr. Joan Roberts for being named the 1997 Iowa Secondary Principal of the Year, and moved its adoption. The motion prevailed and the resolution was adopted. CONSIDERATION OF BILLS Unfinished Business Calendar Senate File 2268, a bill for an act relating to rural water services by authorizing rural water districts to enter into agreements with other governmental entities to provide for the ownership, acquisition, construction, and equipping of sewer systems, and authorizing the issuance of revenue obligations to finance the projects and providing procedures for detaching property from one district and attaching it to another district, with report of committee recommending amendment and passage, was taken up for consideration. Arnold of Lucas offered the following amendment H-8529 filed by the committee on local government and moved its adoption: H-8529 1 Amend Senate File 2268, as passed by the Senate, as 2 follows: 3 1. Page 1, line 31, by striking the figure "504B" 4 and inserting the following: "504A". The committee amendment H-8529 was adopted. Arnold of Lucas 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. 2268) The ayes were, 90: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Chapman Churchill Cohoon Connors Cormack Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Holmes Holveck Houser Huseman Jacobs Jenkins Jochum Kinzer Klemme Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 2: Fallon Huser Absent or not voting, 8: Cataldo Chiodo Dinkla Dix Ford Heaton Koenigs Thomson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Concurrent Resolution 120 and Senate File 2268. SENATE AMENDMENTS CONSIDERED Greig of Emmet called up for consideration House File 2335, a bill for an act relating to persons holding interests in agricultural land and providing penalties and an effective date, amended by the Senate, and moved that the House concur in the following Senate amendment H-8995: H-8995 1 Amend House File 2335, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, by striking lines 7 and 8 and 4 inserting the following: 5 "___. "Actively engaged in farming" means that a 6 natural person, including a shareholder or an officer, 7 director, or employee of a corporation, or a member or 8 manager of a limited liability company, does any of 9 the following: 10 a. Inspects the production activities periodically 11 and furnishes at least half of the value of the tools 12 used for crop or livestock production and pays at 13 least half the direct cost of crop or livestock 14 production. 15 b. Regularly and frequently makes or takes an 16 important part in making management decisions 17 substantially contributing to or affecting the success 18 of the farm operation. 19 c. Performs physical work which significantly 20 contributes to crop or livestock production." 21 2. Page 1, by inserting after line 14 the 22 following: 23 "___. "Commodity share landlord" means a natural 24 person or a general partnership as provided in chapter 25 486 in which all partners are natural persons, who 26 owns at least one hundred fifty acres of agricultural 27 land, if the owner receives rent on a commodity share 28 basis, which may be either a share of the crops or 29 livestock produced on the land." 30 3. Page 1, by striking lines 27 through 29 and 31 inserting the following: 32 "___. "Farmers cooperative association" means a 33 cooperative association organized under chapter 490 or 34 499, if all of the following conditions are satisfied: 35 a. All of the following apply: 36 (1) Qualified farmers must hold at least a fifty- 37 one percent equity interest in the cooperative 38 association, including fifty-one percent of each class 39 of members' equity. 40 (2) The following persons must hold at least a 41 seventy percent equity interest in the cooperative 42 association, including seventy percent of each class 43 of members' equity: 44 (a) A qualified farmer. 45 (b) A family farm entity. 46 (c) A commodity share landlord. 47 b. As used in this subsection, "members' equity" 48 includes but is not limited to issued shares, 49 including common stock or preferred stock, regardless 50 of a right to receive dividends or earning Page 2 1 distributions. However, "members' equity" does not 2 include nonvoting common stock or nonvoting membership 3 interests. A security such as a warrant or option 4 that may be converted to voting stock shall be 5 considered as issued shares. 6 c. For purposes of this subsection, a person who 7 was a qualified person within the last ten years shall 8 be treated as a qualified person." 9 4. By striking page 1, line 31, through page 2, 10 line 1, and inserting the following: "limited 11 liability company organized under chapter 490A, if 12 cooperative associations hold one hundred percent of 13 all membership interests in the limited liability 14 company. Farmers cooperative associations must hold 15 at least seventy percent of all membership interests 16 in the limited liability company. If more than one 17 type of membership interest is established, including 18 any series as provided in section 490A.305 or any 19 class or group as provided in section 490A.307, 20 farmers cooperative associations must hold at least 21 seventy percent of all membership interests of that 22 type." 23 5. Page 2, by inserting after line 6 the 24 following: 25 "__. "Intra-company loan agreement" means an 26 agreement involving a loan, if the parties to the 27 agreement are members of the same farmers cooperative 28 limited liability company, and according to the terms 29 of the loan a member which is a regional cooperative 30 association directly or indirectly loans money to a 31 member which is a farmers cooperative association, on 32 condition that the money, including any interest, must 33 be repaid by the member which is a farmers cooperative 34 association to the regional cooperative association or 35 another person. A loan agreement does not include an 36 operating loan agreement, in which all of the 37 following apply: 38 a. The money is required to be repaid within 39 ninety days from the date that the farmers cooperative 40 association receives the money, and the money is 41 actually repaid by that date. 42 b. The money is used to pay for reasonable and 43 ordinary expenses of the farmers cooperative 44 association in conducting its affairs." 45 6. Page 2, by striking lines 14 through 17 and 46 inserting the following: 47 "a. All of the following apply: 48 (1) Qualified farmers must hold at least fifty-one 49 percent of all issued shares of the corporation. If 50 more than one class of shares is authorized, qualified Page 3 1 farmers must hold at least fifty-one percent of all 2 issued shares in each class. 3 (2) Qualified persons must hold at least seventy 4 percent of all issued shares of the corporation. If 5 more than one class of shares is authorized, qualified 6 persons must hold at least seventy percent of all 7 issued shares in each class. 8 b. As used in paragraph "a", "issued shares" 9 includes but is not limited to common stock or 10 preferred stock, or each class of common stock or 11 preferred stock, regardless of voting rights or a 12 right to receive dividends or earning distributions. 13 A security such as a warrant or option that may be 14 converted to stock shall be considered as issued 15 shares." 16 7. Page 2, by striking lines 24 through 28 and 17 inserting the following: 18 "a. Qualified farmers must hold at least fifty-one 19 percent of all membership interests in the limited 20 liability company. If more than one type of 21 membership interest is established, including any 22 series as provided in section 490A.305 or any class or 23 group as provided in section 490A.307, qualified 24 farmers must hold at least fifty-one percent of all 25 membership interests of that type. 26 b. Qualified persons must hold at least seventy 27 percent of all membership interests in the limited 28 liability company. If more than one type of 29 membership interest is established, including any 30 series as provided in section 490A.305 or any class or 31 group as provided in section 490A.307, qualified 32 persons must hold at least seventy percent of all 33 membership interests of that type. 34 ___. "Operation of law" means a transfer by 35 inheritance, devise, or bequest, court order, 36 dissolution decree, order in bankruptcy, insolvency, 37 replevin, foreclosure, execution sale, the execution 38 of a judgment, the foreclosure of a real estate 39 mortgage, the forfeiture of a real estate contract, or 40 a transfer resulting from a decree for specific 41 performance." 42 8. Page 2, line 29, by striking the word "person" 43 and inserting the following: "farmer". 44 9. By striking page 2, line 34, through page 3, 45 line 5, and inserting the following: 46 "___. A farm estate. 47 ___. "Qualified commodity share landlord" means a 48 commodity share landlord, if the owner of the 49 agricultural land was actively engaged in farming the 50 land or a family member of the owner is or was Page 4 1 actively engaged in farming the land, if the family 2 member is related to the owner as a spouse, parent, 3 grandparent, lineal ascendant of a grandparent or 4 spouse, or other lineal descendant of a grandparent or 5 spouse. 6 ___. "Qualified person" means a person who is any 7 of the following: 8 a. A qualified farmer. 9 b. A family farm entity. 10 c. A qualified commodity share landlord." 11 10. Page 3, by inserting before line 6 the 12 following: 13 "___. "Regional cooperative association" means a 14 cooperative association other than a farmers 15 cooperative association." 16 11. Page 3, lines 27 and 28, by striking the 17 words "one thousand five hundred" and inserting the 18 following: "six hundred forty". 19 12. Page 3, lines 34 and 35, by striking the 20 words "a ten percent or greater" and inserting the 21 following: "an". 22 13. Page 4, line 13, by striking the words "one 23 thousand five hundred" and inserting the following: 24 "six hundred forty". 25 14. Page 4, by striking lines 20 through 22 and 26 inserting the following: "networking farmers 27 corporation by operation of law, the corporation may 28 disregard the transfer for". 29 15. Page 5, by inserting after line 4 the 30 following: 31 "___. A qualified commodity share landlord who 32 owns an interest in a networking farmers corporation 33 holding agricultural land under section 10.3 must rent 34 an additional one hundred fifty acres of agricultural 35 land on a commodity share basis for each farmers 36 entity holding agricultural land under this chapter in 37 which the commodity share landlord acquires an 38 interest." 39 16. Page 5, lines 13 and 14, by striking the 40 words "one thousand five hundred" and inserting the 41 following: "six hundred forty". 42 17. Page 5, line 21, by striking the words "a ten 43 percent or greater" and inserting the following: 44 "an". 45 18. Page 5, line 35, by striking the words "one 46 thousand five hundred" and inserting the following: 47 "six hundred forty". 48 19. Page 6, by striking lines 8 and 9 and 49 inserting the following: "law, the networking farmers 50 limited". Page 5 1 20. Page 6, by inserting after line 27 the 2 following: 3 "___. A qualified commodity share landlord who 4 owns an interest in a networking farmers limited 5 liability company holding agricultural land under 6 section 10.5 must rent an additional one hundred fifty 7 acres of agricultural land on a commodity share basis 8 for each farmers entity holding agricultural land 9 under this chapter in which the commodity share 10 landlord acquires an interest." 11 21. Page 7, line 3, by striking the words "grain 12 or forage" and inserting the following: "forage or 13 grain". 14 22. Page 7, line 5, by striking the word "has" 15 and inserting the following: "holds". 16 23. Page 7, line 10, by striking the word "crop" 17 and inserting the following: "grain". 18 24. Page 7, line 16, by striking the word "An" 19 and inserting the following: "Except as provided in 20 this section, an". 21 25. Page 7, lines 18 and 19, by striking the 22 words "a ten percent or greater" and inserting the 23 following: "an". 24 26. Page 7, by striking line 28 and inserting the 25 following: "However, notwithstanding section 9H.4, 26 all of the following shall apply: 27 (1) A cooperative". 28 27. Page 7, line 32, by striking the words "one 29 thousand five hundred" and inserting the following: 30 "six hundred forty". 31 28. Page 7, by inserting after line 32 the 32 following: 33 "(2) An interest in agricultural land held by a 34 farmers cooperative association shall not be 35 attributable to a member who is an entity organized 36 under state law, if the entity holds a five percent or 37 less interest in the farmers cooperative association." 38 29. Page 8, by striking lines 4 through 6 and 39 inserting the following: "cooperative association by 40 operation of law, the association may disregard the 41 transfer for". 42 30. Page 8, by inserting after line 23 the 43 following: 44 "Sec. ___. NEW SECTION. 10.8A PROCEDURE FOR 45 ACQUISITION - REVERSE REFERENDUM; DISSENT. 46 A farmers cooperative association shall not acquire 47 an interest in agricultural land or in a farmers 48 entity, unless all of the following apply: 49 1. The board of directors of the farmers 50 cooperative association adopts a resolution Page 6 1 authorizing the acquisition. Except as provided in 2 this section, the resolution shall become effective 3 thirty-one days from the date that the resolution was 4 adopted. The farmers cooperative association is not 5 required to comply with the procedures of this section 6 for as long as the resolution remains in effect. The 7 resolution shall contain all of the following: 8 a. A declaration stating that the farmers 9 cooperative association reserves the right to acquire 10 agricultural land or an interest in a farmers entity 11 under this chapter. 12 b. A description of a planned acquisition, if any, 13 including the location of agricultural land planned to 14 be acquired, the identity of any farmers entity in 15 which the farmers cooperative association plans to 16 acquire an interest, and the nature of any farming 17 operation which is planned to occur on land acquired 18 by the farmers cooperative association or conducted by 19 the farmers entity. 20 c. The date that the resolution was adopted and 21 the date that it will take effect. 22 2. Within five days following the date that the 23 resolution authorizing the farmers cooperative 24 association to acquire an interest in agricultural 25 land or acquire an interest in a farmers entity is 26 adopted, the farmers cooperative association must 27 provide notice of the resolution as provided in this 28 section. The notice shall be in the following form: 29 NOTICE 30 MEMBERS OF THE (INSERT NAME OF THE FARMERS 31 COOPERATIVE ASSOCIATION) 32 THE (INSERT NAME OF THE FARMERS COOPERATIVE 33 ASSOCIATION) IS PLANNING ON ACQUIRING AN INTEREST IN 34 AGRICULTURAL LAND WHICH MAY BE USED FOR FARMING OR 35 ACQUIRING AN INTEREST IN A BUSINESS THAT OWNS 36 AGRICULTURAL LAND THAT MAY BE USED FOR FARMING. UNDER 37 IOWA CODE CHAPTER 10, THE (INSERT NAME OF THE FARMERS 38 COOPERATIVE ASSOCIATION) IS A FARMERS COOPERATIVE 39 ASSOCIATION. WITHIN A LIMITED TIME PERIOD: (1) 40 VOTING MEMBERS MAY PETITION A FARMERS COOPERATIVE 41 ASSOCIATION TO REQUIRE A MEMBERSHIP VOTE TO APPROVE 42 THE ACQUISITION; AND (2) ALL HOLDERS OF MEMBERS' 43 EQUITY MAY DEMAND PAYMENT OF THE FAIR VALUE OF THEIR 44 INTERESTS. 45 a. The notice must be published in a newspaper 46 having a general circulation in the county where the 47 farmers cooperative association is located as provided 48 in section 618.3. The notice shall be printed as 49 provided in section 618.17. 50 b. The notice shall be delivered to all holders of Page 7 1 members' equity in the farmers cooperative 2 association, including members and shareholders, by 3 mailing the notice to the holder's last known address 4 as shown on the books of the farmers cooperative 5 association. The notice shall be accompanied by a 6 copy of the resolution adopted by the board pursuant 7 to this section, and a copy of this section. 8 3. Within thirty days following the date that the 9 resolution authorizing the farmers cooperative 10 association to acquire an interest in agricultural 11 land or acquire an interest in a farmers entity is 12 adopted, at least twenty percent of the voting members 13 of the farmers cooperative association may file a 14 petition with the board of directors demanding a 15 referendum under this subsection. 16 a. If a valid petition is filed, the board of 17 directors shall call a special referendum of voting 18 members at a regular or special meeting, as provided 19 in section 499.27. The filing of the petition 20 suspends the effectiveness of the resolution until a 21 referendum is conducted as provided in this 22 subsection. 23 b. The resolution shall not become effective as 24 otherwise provided in this section, until the 25 resolution is approved by a majority vote of the 26 voting members of the farmers cooperative association 27 casting ballots at the meeting to conduct the 28 referendum. 29 4. a. Within thirty days following the date that 30 the resolution authorizing the farmers cooperative 31 association to acquire an interest in agricultural 32 land or acquire an interest in a farmers entity is 33 adopted, a holder of members' equity, including a 34 member or shareholder, may dissent to an acquisition 35 as expressed in the resolution adopted by the board of 36 directors under this section. 37 b. The holder of members' equity shall dissent by 38 filing a demand with the board of directors. The 39 farmers cooperative association shall pay the holder 40 the fair value of that holder's interest as if the 41 holder were a member dissenting to a merger or 42 consolidation, as provided in section 499.66, upon 43 surrender of the holder's evidence of equity in the 44 farmers cooperative association, including a 45 certificate of membership or shares. 46 c. The farmers cooperative association is not 47 required to pay the holder of members' equity the fair 48 value of that holder's interest as provided in this 49 subsection, if the resolution provided for in this 50 section does not become effective." Page 8 1 31. Page 8, line 35, by striking the words "grain 2 or" and inserting the following: "forage or grain". 3 32. Page 9, line 1, by striking the word 4 "forage". 5 33. Page 9, line 2, by striking the word "has" 6 and inserting the following: "holds". 7 34. Page 9, line 8, by striking the word "crop" 8 and inserting the following: "grain". 9 35. Page 9, by inserting after line 13 the 10 following: 11 "c. Less than fifty percent of the interest in the 12 farmers cooperative limited liability company is held 13 by members which are parties to intra-company loan 14 agreements. If more than one type of membership 15 interest is established, including any series as 16 provided in section 490A.305 or any class or group as 17 provided in section 490A.307, less than fifty percent 18 of the interest in each type of membership shall be 19 held by members which are parties to intra-company 20 loan agreements. 21 d. The farmers cooperative limited liability 22 company does not own swine or contract for the care 23 and feeding of swine, if a member of the farmers 24 cooperative limited liability company is a regional 25 cooperative association." 26 36. Page 9, line 31, by striking the words "one 27 thousand five hundred" and inserting the following: 28 "six hundred forty". 29 37. Page 10, by striking lines 5 and 6 and 30 inserting the following: "law, the farmers 31 cooperative limited liability". 32 38. Page 10, line 18, by striking the figure 33 "10.13" and inserting the following: "10.12". 34 39. Page 10, line 32, by striking the figure 35 "10.13" and inserting the following: "10.12". 36 40. Page 12, by striking line 13 and inserting 37 the following: "corporation as defined in section 38 9H.1 or networking farmers corporation as defined in 39 section 10.1, holding an". 40 41. Page 12, by striking lines 29 through 31 and 41 inserting the following: "including an authorized 42 limited liability company as defined in section 9H.1, 43 or a networking farmers limited liability company or 44 farmers cooperative limited liability company as 45 defined in section 10.1, holding an interest in 46 agricultural". 47 42. Page 14, line 16, by striking the words "ten 48 percent or less of" and inserting the following: 49 "less than a ten percent interest in". 50 43. Page 15, by striking lines 9 through 13. Page 9 1 44. Page 15, by striking lines 25 and 26. 2 45. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-8995. Greig of Emmet moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2335) The ayes were, 75: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Chapman Churchill Cohoon Connors Cormack Doderer Dolecheck Dotzler Drake Eddie Falck Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Jochum Klemme Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Siegrist Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Mr. Speaker Corbett The nays were, 20: Bernau Dix Drees Fallon Foege Frevert Garman Holveck Huser Kinzer Kreiman Moreland Reynolds-Knight Richardson Scherrman Schrader Shoultz Sukup Whitead Witt Absent or not voting, 5: Cataldo Chiodo Dinkla Ford Koenigs The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 2335 be immediately messaged to the Senate. Carroll of Poweshiek called up for consideration House File 2049, a bill for an act relating to redemption by a county of certain parcels sold at property tax sale, amended by the Senate, and moved that the House concur in the following Senate amendment H-8864: H-8864 1 Amend House File 2049, as passed by the House, as 2 follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. Section 331.341, subsection 4, Code 6 1997, is amended to read as follows: 7 4. If the contract price for a public improvement 8 isfivefifteen thousand dollars or more, the board 9 shall require a contractor's bond in accordance with 10 chapter 573." 11 2. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-8864. Carroll of Poweshiek moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2049) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Chapman Churchill Cohoon Connors Cormack 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 Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 5: Cataldo Chiodo Dinkla Koenigs Shoultz 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 2538, a bill for an act relating to eligible housing businesses qualifying for incentives and assistance in enterprise zones, providing additional incentives and assistance for approved eligible businesses located in an enterprise zone, and requiring consideration of building codes and zoning, was taken up for consideration. Larkin of Lee asked and received unanimous consent to withdraw amendment H-8633 filed by him on March 24, 1998. Speaker pro tempore Van Maanen of Marion in the chair at 9:49 a.m. Weigel of Chickasaw offered amendment H-8746 filed by him as follows: H-8746 1 Amend House File 2538 as follows: 2 1. Page 1, by inserting before line 1 the 3 following: 4 "Section 1. Section 15E.192, subsection 2, Code 5 Supplement 1997, is amended to read as follows: 6 2. A citywith a population of twenty-four7thousand or more, as shown by the 1990 certified8federal census,may create an economic development 9 enterprise zone as authorized in this division, 10 subject to certification by the department of economic 11 development, by designating one or more contiguous 12 census tracts, block numbering areas, or block groups, 13 or by designating census-designated places, as 14 determined in the most recent federal census, or 15 designating other geographic units approved by the 16 department of economic development for that purpose. 17 If there is an area in the city which meets the 18 requirements for eligibility for an urban or rural 19 enterprise community under Title XIII of the federal 20 Omnibus Budget Reconciliation Act of 1993, such area 21 shall be designated by the state an economic 22 development enterprise zone. The area meeting the 23 requirements for eligibility for an urban or rural 24 enterprise community shall not be included for the 25 purpose of determining the area limitation pursuant to 26 subsection 3. In creating an enterprise zone, a city 27with a population of twenty-four thousand or more, as28shown by the 1990 certified federal census,may 29 designate as part of the area tracts, block numbering 30 areas, block groups, designated places, or approved 31 geographic units located in a contiguous city if such 32 tracts, block numbering areas, block groups, 33 designated places, or approved geographic units meet 34 the criteria and the city agrees to being included. 35 The city may establish more than one enterprise zone. 36Reference in this division to "city" means a city with37a population of twenty-four thousand or more, as shown38by the 1990 certified federal census." 39 2. Title page, line 1, by inserting after the 40 word "to" the following: "creation of enterprise 41 zones by cities,". 42 3. By renumbering as necessary. Jenkins of Black Hawk rose on a point of order that amendment H-8746 was not germane. The Speaker ruled the point well taken and amendment H-8746 not germane. Weigel of Chickasaw moved to suspend the rules to consider amendment H-8746. Roll call was requested by Weigel of Chickasaw and Kreiman of Davis. On the question "Shall the rules be suspended to consider amendment H-8746?" (H.F. 2538) The ayes were, 43: Bell Bernau Brand Bukta Burnett Chapman Cohoon Connors Doderer Dotzler Drees Falck Foege Ford Frevert Garman Holveck Huser Jochum Kinzer Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise The nays were, 49: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Carroll Churchill Corbett, Spkr. Cormack Dix Dolecheck Drake Eddie Fallon Gipp Greig Greiner Gries Grundberg Hahn Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 8: Brunkhorst Cataldo Chiodo Dinkla Hansen Heaton Koenigs Witt The motion to suspend the rules lost. The House stood at ease at 10:05 a.m., until the fall of the gavel. The House resumed session at 11:20 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 sixty-six members present, thirty-four absent. Warnstadt of Woodbury asked and received unanimous consent to withdraw amendment H-8793 filed by him and Whitead of Woodbury on March 30, 1998. Grundberg of Polk offered the following amendment H-8990 filed by her and moved its adoption: H-8990 1 Amend House File 2538 as follows: 2 1. Page 1, line 9, by striking the words "a 3 minimum of four" and inserting the following: "one or 4 more". 5 2. Page 1, line 11, by striking the word 6 "twenty". 7 3. Page 1, line 14, by striking the word "three" 8 and inserting the following: "two". 9 4. Page 1, line 28, by striking the word "homes" 10 and inserting the following: "home". 11 5. Page 2, by striking lines 2 and 3. 12 6. Page 2, line 22, by striking the words "a 13 minimum of four" and inserting the following: "one or 14 more". 15 7. Page 2, line 24, by striking the word "three" 16 and inserting the following: "two". 17 8. By renumbering as necessary. A non-record roll call was requested. The ayes were 27, nays 34. Amendment H-8990 lost. Dix of Butler offered the following amendment H-9025 filed by him and moved its adoption: H-9025 1 Amend House File 2538 as follows: 2 1. Page 3, by inserting after line 3 the 3 following: 4 "6A. Any housing and residential development which 5 is part of an urban renewal project in an urban 6 renewal area and any property receiving a tax 7 exemption pursuant to chapter 404 shall not be 8 eligible to receive incentives and assistance provided 9 in subsection 6." Roll call was requested by Jenkins of Black Hawk and Larson of Linn. Rule 75 was invoked. On the question "Shall amendment H-9025 be adopted?" (H.F. 2538) The ayes were, 48: Bell Bernau Boddicker Bradley Brand Brunkhorst Bukta Burnett Carroll Cormack Dix Doderer Drees Eddie Foege Ford Frevert Garman Grundberg Houser Huseman Huser Jochum Klemme Kreiman Kremer Mascher May Mertz Meyer Moreland Murphy Myers O'Brien Osterhaus Rayhons Reynolds-Knight Richardson Scherrman Schrader Sukup Thomas Thomson Tyrrell Vande Hoef Weidman Weigel Witt The nays were, 49: Arnold Barry Boggess Brauns Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Dinkla Dolecheck Dotzler Drake Falck Fallon Gipp Greig Greiner Gries Hahn Hansen Heaton Holmes Holveck Jacobs Jenkins Kinzer Lamberti Larkin Larson Lord Martin Metcalf Millage Mundie Nelson Rants Shoultz Siegrist Taylor Teig Van Fossen Veenstra Warnstadt Welter Whitead Wise Van Maanen, Presiding Absent or not voting, 3: Blodgett Cataldo Koenigs Amendment H-9025 lost. Wise of Lee asked and received unanimous consent to withdraw amendment H-8938 filed by him on April 6, 1998. Jenkins of Black Hawk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. Carroll of Poweshiek in the chair at 12:30 p.m. On the question "Shall the bill pass?" (H.F. 2538) The ayes were, 82: Arnold Barry Bell Boggess Bradley Brand Brauns Bukta Burnett Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Doderer Dolecheck Dotzler Drake Eddie Falck Fallon Foege Frevert Gipp Greig Greiner Gries Hahn Hansen Holmes Holveck Houser Huseman Jacobs Jenkins Jochum Kinzer Klemme Kreiman Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Scherrman Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Veenstra Warnstadt Weidman Weigel Whitead Wise Witt Carroll, Presiding The nays were, 12: Bernau Boddicker Brunkhorst Dix Drees Garman Huser Kremer Richardson Schrader Vande Hoef Welter Absent or not voting, 6: Blodgett Cataldo Ford Grundberg Heaton Koenigs The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that House Files 2049 and 2538 be immediately messaged to the Senate. Unfinished Business Calendar Senate File 2313, a bill for an act relating to child support, providing penalties, and providing effective dates, with report of committee recommending amendment and passage, was taken up for consideration. Boddicker of Cedar offered amendment H-8509 filed by the committee on human resources as follows: H-8509 1 Amend Senate File 2313, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 28, by inserting after line 19 the 4 following: 5 "It is also the intent of the general assembly to 6 enhance employment opportunities for families, 7 including those for noncustodial parents, to improve 8 the ability of both parents to support their children. 9 In doing so, the department of human services and the 10 department of workforce development shall cooperate to 11 assist both parents in obtaining and maintaining 12 employment including through the mechanisms provided 13 under the family investment program, the job 14 opportunities and basic skills (JOBS) program, the 15 welfare-to-work program, and the child support 16 recovery program. 17 DIVISION XI 18 SATISFACTION OF ACCRUED SUPPORT DEBT 19 Sec. ___. Section 252B.3, Code Supplement 1997, is 20 amended by adding the following new subsection: 21 NEW SUBSECTION. 5. On or after July 1, 1999, the 22 department shall implement a program for the 23 satisfaction of accrued support debts, based upon 24 timely payment by the obligor of both current support 25 due and any payments due for accrued support debt 26 under a periodic payment plan. The unit shall adopt 27 rules pursuant to chapter 17A to establish the 28 criteria and procedures for obtaining satisfaction 29 under the program. The rules adopted under this 30 subsection shall specify the cases and amounts to 31 which the program is applicable, and may provide for 32 the establishment of the program as a pilot program. 33 Sec. ___. Section 598.22A, Code Supplement 1997, 34 is amended by adding the following new subsection: 35 NEW SUBSECTION. 4. Payment of accrued support 36 debt due the department of human services shall be 37 credited pursuant to section 252B.3, subsection 5. 38 DIVISION XII 39 ALTERNATIVES TO MEDIAN INCOME 40 Sec. ___. Section 252B.7A, subsection 1, paragraph 41 d, unnumbered paragraph 1, Code Supplement 1997, is 42 amended to read as follows: 43 By July 1, 1999, the department shall adopt rules 44 for imputing income, whenever possible, based on the 45 earning capacity of a parent who does not provide 46 income information or for whom income information is 47 not available. Until such time as the department 48 adopts rules establishing a different standard for 49 determining the income of a parent who does not 50 provide income information or for whom income Page 2 1 information is not available, the estimated state 2 median income for a one-person family as published 3 annually in the Federal Register for use by the 4 federal office of community services, office of energy 5 assistance, for the subsequent federal fiscal year. 6 DIVISION XIII 7 INCOME WITHHOLDING ARREARAGE RATES 8 Sec. ___. Section 252D.18, subsection 1, Code 9 1997, is amended by adding the following new 10 paragraph: 11 NEW PARAGRAPH. d. There has been a change in the 12 rules adopted by the department pursuant to chapter 13 17A regarding the amount of income to be withheld to 14 pay a delinquency. 15 Sec. ___. INCOME WITHHOLDING RATES. 16 1. Beginning July 1, 1998, the amount of income 17 withheld for the payment of delinquent support, as 18 determined by the child support recovery unit under 19 chapter 252D, shall be decreased on a prospective 20 basis from the current level of fifty percent of the 21 current child support obligation. 22 2. The department of human services may adopt 23 rules pursuant to section 17A.4, subsection 2, and 24 section 17A.5, subsection 2, paragraph "b", to 25 implement this section and the rules shall become 26 effective immediately upon filing, unless the 27 effective date is delayed by the administrative rules 28 review committee, notwithstanding section 17A.4, 29 subsection 5, and section 17A.8, subsection 9, or a 30 later effective date is specified in the rules. Any 31 rules adopted in accordance with this section shall 32 not take effect before the rules are reviewed by the 33 administrative rules review committee. Any rules 34 adopted in accordance with the provision of this 35 section shall also be published as notice of intended 36 action as provided in section 17A.4. 37 3. The department of human services may modify the 38 rules adopted under this section regarding the rate of 39 withholding established for payment of delinquent 40 support, based upon the results of implementation of 41 this section including but not limited to the 42 resulting impact on collections. 43 DIVISION XIV 44 SATISFACTION OF SUPPORT OWED TO PARENT 45 Sec. ___. Section 252B.20, subsection 2, paragraph 46 b, Code Supplement 1997, is amended to read as 47 follows: 48 b. Approve the request and prepare an order which 49 shall be submitted, along with the affidavit, to a 50 judge of a district court for approval, suspending the Page 3 1 accruing support obligation and, if requested by the 2 obligor, and if not prohibited by chapter 252K, 3 satisfying the obligation of support due the obligee. 4 Sec. ___. Section 252B.20, subsections 3, 10, and 5 11, Code Supplement 1997, are amended to read as 6 follows: 7 3. An order approved by the court for suspension 8 of an accruing support obligation is effective upon 9 the date of filing of the suspension order. The 10 satisfaction of an obligation of support due the 11 obligee shall be final upon the filing of the 12 suspension order. A support obligation which is 13 satisfied is not subject to the reinstatement 14 provisions of this section. 15 10. This section does not provide for the 16 suspension, waiver, satisfaction,or retroactive 17 modification of support obligations which accrued 18 prior to the entry of an order suspending enforcement 19 and collection of support pursuant to this section. 20 However, if in the application for suspension, an 21 obligee elects to satisfy an obligation of accrued 22 support due the obligee, the suspension order may 23 satisfy the obligation of accrued support due the 24 obligee. 25 11. Nothing in this section shall prohibit or 26 limit the unit or a party entitled to receive support 27 from enforcing and collecting any unpaid or 28 unsatisfied support that accrued prior to the 29 suspension of the accruing obligation. 30 DIVISION XV 31 PASS THROUGH OF CHILD SUPPORT 32 Sec. ___. FEDERAL PERMISSION - PASS THROUGH OF 33 CHILD SUPPORT. 34 1. The department of human services shall seek 35 permission from the United States department of health 36 and human services for a statewide initiative to pass 37 the full amount of child support collected, on behalf 38 of family investment program participants, through to 39 those families without being required to reimburse the 40 federal government for the federal share of the child 41 support collected. If the department of human 42 services receives unconditional approval from the 43 United States department of health and human services, 44 the department shall submit an implementation proposal 45 to the general assembly that provides for a net offset 46 in family investment program benefits which is 47 equivalent to the amount of child support passed 48 through to the family. 49 2. The goals of the initiative shall include all 50 of the following: Page 4 1 a. Encouraging payment of child support by 2 providing a direct connection between the act of 3 paying child support and the receipt of child support 4 by the child. 5 b. Reinforcing the value of employment for family 6 investment program participants by more clearly 7 identifying the actual level of income necessary to 8 become independent from the receipt of benefits under 9 the family investment program when child support is 10 also being received." Boddicker of Cedar offered the following amendment H-8554, to the committee amendment H-8509, filed by him and moved its adoption: H-8554 1 Amend the Committee amendment, H-8509, to Senate 2 File 2313, as amended, passed, and reprinted by the 3 Senate, as follows: 4 1. Page 3, line 2, by striking the word "obligor" 5 and inserting the following: "obligee". Amendment H-8554 was adopted. Boddicker of Cedar moved the adoption of the committee amendment H-8509, as amended. The committee amendment H-8509, as amended, was adopted. Boddicker of Cedar asked and received unanimous consent to withdraw amendment H-8684 filed by him and Millage of Scott on March 25, 1998. Rayhons of Hancock asked and received unanimous consent to withdraw amendment H-8899 filed by him on April 3, 1998. Boddicker of Cedar offered amendment H-9055 filed by him and Millage of Scott from the floor as follows: H-9055 1 Amend Senate File 2313 as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 28, by inserting after line 19 the 4 following: 5 "Division XI 6 VISITATION - DEVIATION FROM GUIDELINES 7 Sec. ___. Section 598.21, Code Supplement 1997, is 8 amended by adding the following new subsection: 9 NEW SUBSECTION. 4C. If visitation is awarded to a 10 parent in excess of the average liberal visitation 11 rights award, the court shall do all of the following: 12 a. Deem the presumption that the amount of child 13 support which would result from application of the 14 guidelines prescribed by the supreme court is the 15 correct amount of child support rebutted. 16 b. Deviate from the guidelines in calculating the 17 child support obligation. 18 c. Provide a record or written finding that 19 application of the child support guidelines under such 20 award of visitation rights would be unjust or 21 inappropriate." 22 2. By renumbering as necessary. Speaker pro tempore Van Maanen of Marion in the chair at 1:00 p.m. Moreland of Wapello rose on a point of order that amendment H-9055 was not germane. The Speaker ruled the point well taken and amendment H-9055 not germane. Millage of Scott moved to suspend the rules to consider amendment H-9055. A non-record roll call was requested. The ayes were 47, nays 39. The motion to suspend the rules lost. Boddicker of Cedar 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. 2313) The ayes were, 93: Arnold Barry Bell Bernau Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 7: Blodgett Cataldo Eddie Ford Hansen Koenigs Nelson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 2313 be immediately messaged to the Senate. Appropriations Calendar 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, with report of committee recommending passage, was taken up for consideration. Houser of Pottawattamie asked and received unanimous consent to withdraw amendment H-8993 filed by him and Osterhaus of Jackson on April 7, 1998. Houser of Pottawattamie offered amendment H-9034 filed by Houser, et al., as follows: H-9034 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 2, line 33, by striking the word "The" 4 and inserting the following: "In addition to the 5 full-time equivalent positions authorized in this Act, 6 1.00 FTE is authorized and the". 7 2. Page 7, line 1, by inserting after the word 8 "states." the following: "Notwithstanding any other 9 legislation enacted by the Seventy-seventh General 10 Assembly, 1998 Session, any retailer fees established 11 shall not apply to any electronic benefit transfer 12 pilot project until such time as the department begins 13 implementation of the electronic benefit transfer 14 program to counties in addition to the pilot project 15 counties. An acquirer's fee for each transaction 16 shall also not apply to any electronic benefit 17 transfer pilot project until such time as the 18 department begins implementation of the electronic 19 benefit transfer program to counties in addition to 20 the pilot project counties." 21 3. Page 7, line 15, by striking the word "forty- 22 eight" and inserting the following: "thirty-six". 23 4. Page 9, line 34, by striking the word "The" 24 and inserting the following: "In addition to the 25 full-time equivalent positions authorized in this Act, 26 1.00 FTE is authorized and the". 27 5. Page 17, line 35, by inserting after the 28 figure "1999." the following: "The department shall 29 provide not more than $50,000 in funding for 30 administrative expenses, ongoing expenses, 31 consultation costs, and other support of the work 32 group." 33 6. Page 18, line 16, by striking the word "A". 34 7. Page 18, by striking lines 17 through 22 and 35 inserting the following: "The waiver shall be limited 36 in". 37 8. Page 18, line 26, by inserting after the word 38 "days." the following: "The base number of persons to 39 be served under this waiver at any one time is 35. In 40 addition, a maximum of ten persons with physical 41 disabilities who are at imminent risk of placement in 42 a medical institution shall be approved for waiver 43 services." 44 9. Page 19, by striking lines 17 through 24. 45 10. Page 20, line 6, by inserting after the 46 figure "1998," the following: "contingent upon 47 receiving federal approval,". 48 11. Page 20, line 10, by inserting after the word 49 "employment" the following: "and other services". 50 12. Page 20, line 12, by inserting after the word Page 2 1 "employment" the following: "and other services". 2 13. Page 21, line 32, by inserting after the word 3 "industry." the following: "Prior to submission of 4 the report, the task force shall receive input 5 concerning the recommendations and findings from 6 interested legislators convened by the co-chairpersons 7 of the joint appropriations subcommittee on human 8 services." 9 14. Page 32, by inserting after line 21 the 10 following: 11 "___. The department shall perform an evaluation 12 of public and private residential treatment programs, 13 including those programs providing highly structured 14 juvenile program beds. The evaluation shall include 15 but is not limited to a review of the curriculum and 16 treatment approaches used by the programs, the 17 recidivism rate of juveniles who have completed the 18 programs, and other selected variables, subject to the 19 availability of this information. A report of the 20 evaluation shall be submitted to the general assembly 21 by January 1, 1999." 22 15. Page 36, line 24, by striking the figure 23 "1998" and inserting the following: "1997". 24 16. Page 42, line 10, by inserting after the word 25 "paragraph." the following: "Counties are not 26 responsible for the costs of PMIC services established 27 pursuant to this paragraph." 28 17. Page 44, by inserting after line 2 the 29 following: 30 "4. For the fiscal year beginning July 1, 1998, in 31 addition to the net budgeting requirements under this 32 section, each state mental health institute shall 33 implement a net budgeting accounting test of managing 34 revenues and expenditures attributable to the mental 35 health institute in a manner that permits the net 36 state expenditure amount to be determined. Each 37 mental health institute shall submit a preliminary 38 report in January 1999, and a status report in October 39 1999, to the governor and to the persons required to 40 be submitted reports by this Act. The preliminary and 41 status reports shall identify advantages and 42 disadvantages of utilizing the net budgeting approach 43 and any changes in policy or statute recommended to 44 improve implementation of the approach." 45 18. Page 54, by striking lines 33 and 34 and 46 inserting the following: 47 "j. When applying the reimbursement increases 48 authorized in this subsection, the". 49 19. Page 58, line 4, by inserting after the word 50 "appropriateness" the following: "and the level". Page 3 1 20. Page 66, by inserting after line 27 the 2 following: 3 "Sec. ___. FRAUD AND RECOUPMENT ACTIVITIES. 4 During the fiscal year beginning July 1, 1998, 5 notwithstanding the restrictions in section 279B.11, 6 the department of human services may expend recovered 7 moneys generated through fraud and recoupment 8 activities for additional fraud and recoupment 9 activities performed by the department of human 10 services or the department of inspections and appeals, 11 subject to both of the following conditions: 12 1. The director of human services or the director 13 of inspections and appeals determines that the 14 investment can reasonably be expected to increase 15 recovery of assistance paid in error, due to 16 fraudulent or nonfraudulent actions, in excess of the 17 amount recovered in the fiscal year beginning July 1, 18 1997. 19 2. The amount expended for the additional fraud 20 and recoupment activities shall not exceed the amount 21 of the projected increase in assistance recovered." 22 21. Page 79, line 3, by striking the words "date 23 of" and inserting the following: "dateofthe county 24 received the". 25 22. Page 79, lines 6 and 7, by striking the words 26 "date of" and inserting the following: "dateofthe 27 county received the". 28 23. Page 80, line 29, by striking the words "date 29 of" and inserting the following: "dateofthe county 30 received the". 31 24. Page 80, line 32, by striking the words "date 32 of" and inserting the following: "dateofthe county 33 received the". 34 25. Page 81, lines 5 and 6, by striking the words 35 "certified by the superintendent" and inserting the 36 following: "certifiedreceived by thesuperintendent37 county". 38 26. Page 81, line 9, by striking the word 39 "certified" and inserting the following: "certified40 received by the county". 41 27. Page 81, by inserting after line 14 the 42 following: 43 "Sec. ___. Section 234.12A, if enacted by 1998 44 Iowa Acts, House File 2468, is amended by adding the 45 following new subsection: 46 NEW SUBSECTION. 3. For the purposes of this 47 section, "retailer" means a business authorized by the 48 United States department of agriculture to accept food 49 stamp benefits." 50 28. Page 83, by inserting after 1ine 25 the Page 4 1 following: 2 "___. Section 15, subsection 18, paragraph "b", 3 relating to authority to use moneys for support of the 4 child welfare services work group." 5 29. By renumbering as necessary. Houser of Pottawattamie offered the following amendment H-9054, to amendment H-9034, filed by him from the floor and moved its adoption: H-9054 1 Amend the amendment, H-9034, to Senate File 2410, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 2, by striking lines 45 through 48 and 5 inserting the following: 6 " . Page 54, by striking line 34 and inserting 7 the following: "physician, chiropractic, and dental 8 services and durable medical equipment under this 9 subsection, the"." 10 2. Page 3, line 5, by striking the figure 11 "279B.11" and inserting the following: "239B.11". 12 3. By renumbering as necessary. Amendment H-9054 was adopted. Foege of Linn asked and received unanimous consent to withdraw amendment H-9050, to amendment H-9034, filed by him from the floor. Houser of Pottawattamie moved the adoption of amendment H-9034, as amended. Amendment H-9034, as amended, was adopted. Murphy of Dubuque offered the following amendment H-9053 filed by him from the floor and moved its adoption: H-9053 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 5, by striking line 19 and inserting the 4 following: 5 " $ 26,587,871" 6 2. Page 21, by striking line 4 and inserting the 7 following: 8 " $ 11,000,000" 9 3. Page 30, by striking line 30 and inserting the 10 following: 11 " $ 92,744,904" Roll call was requested by Murphy of Dubuque and Jochum of Dubuque. On the question "Shall amendment H-9053 be adopted?" (S.F. 2410) The ayes were, 43: Bell Bernau Brand Bukta Burnett Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 51: Arnold Barry Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 6: Blodgett Cataldo Koenigs Schrader Van Fossen Vande Hoef Amendment H-9053 lost. Huser of Polk offered the following amendment H-9005 filed by her and moved its adoption: H-9005 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 8, line 30, by inserting after the word 4 "decisions." the following: "The performance measures 5 identified pursuant to this subparagraph shall be 6 designed to reinforce the goal of supporting families 7 in moving into employment and away from welfare 8 dependency. The department and the family development 9 and self-sufficiency council shall also identify 10 existing performance measures reported by grantees 11 that can be eliminated and shall take steps to 12 simplify and streamline existing reporting 13 requirements." Amendment H-9005 was adopted. Jochum of Dubuque offered the following amendment H-9016 filed by her and moved its adoption: H-9016 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 9, line 28, by inserting after the word 4 "payment" the following: ", a loan,". 5 2. Page 9, line 31, by inserting after the word 6 "incentives." the following: "The department may 7 provide for a loan from the diversion subaccount to be 8 repaid with money or community service or with a 9 combination of the two." A non-record roll call was requested. The ayes were 42, nays 47. Amendment H-9016 lost. Hansen of Pottawattamie asked and received unanimous consent that amendment H-9049 be deferred. Dotzler of Black Hawk offered the following amendment H-8989 filed by Dotzler, et al., and moved its adoption: H-8989 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 17, line 22, by inserting after the word 4 "responses." the following: "The contract shall 5 include a requirement, as specified in rules adopted 6 for this purpose by the council on human services, 7 that the managed care contractor and the contractor's 8 agent shall exercise ordinary care when making 9 behavioral care treatment decisions and are liable for 10 damages for harm to a medical assistance recipient 11 proximately caused by the contractor's or contractor's 12 agent's failure to exercise the ordinary care in a 13 reasonable manner. As used in this paragraph, 14 "contractor's agent" means an employee, agent, or 15 representative of the managed care contractor selected 16 by the state to provide managed care coverage under 17 this paragraph who is acting on behalf of the 18 contractor and over whom the contractor has the right 19 to exercise influence or control." Roll call was requested by Dotzler of Black Hawk and Falck of Fayette. On the question "Shall amendment H-8989 be adopted?" (S.F. 2410) The ayes were, 41: Bell Bernau Brand Bukta Burnett Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Larkin Mascher May Mertz Moreland Mundie Murphy O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 50: Arnold Barry Boddicker Boggess Bradley Brunkhorst Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 9: Blodgett Brauns Carroll Cataldo Grundberg Koenigs Kreiman Myers Taylor Amendment H-8989 lost. Gipp of Winneshiek in the chair at 2:20 p.m. Murphy of Dubuque offered the following amendment H-9040 filed by him from the floor and moved its adoption: H-9040 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 17, line 27, by inserting after the word 4 "subsection." the following: "Additionally, the 5 contractor shall pay for services to a person enrolled 6 in the plan whether the person is involuntarily or 7 voluntarily committed for treatment at a state mental 8 health institute." Amendment H-9040 lost. Witt of Black Hawk asked and received unanimous consent that amendment H-9013 be deferred. Veenstra of Sioux offered the following amendment H-8967 filed by Blodgett of Cerro Gordo and moved its adoption: H-8967 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 20, by inserting after line 16 the 4 following: 5 "___. If approved by the federal government, adult 6 residential environments licensed as intermediate or 7 residential care facilities for persons with mental 8 retardation using a campus or village setting 9 approach, in not more than three counties, may convert 10 to a residential program under the provisions of a 11 medical assistance home and community-based services 12 waiver for persons with mental retardation, provided 13 the adult residential environments meet all of the 14 following requirements: 15 a. The intermediate or residential care facility 16 for persons with mental retardation license is 17 surrendered. 18 b. The environment's bed capacity is reduced by at 19 least twenty-five percent to a maximum capacity of no 20 more than twelve beds. 21 c. The environment submits a five-year plan for 22 further bed capacity reduction to the department of 23 human services and the plan is acceptable to the 24 department of human services. 25 The director of human services may authorize 26 reimbursement of the costs of environments converted 27 in accordance with this subsection from moneys 28 appropriated for state supplementary assistance at a 29 rate which does not exceed the maximum allowed for a 30 residential program under state supplementary 31 assistance requirements. The departments of human 32 services and inspections and appeals shall develop 33 standards and a monitoring process for environments 34 converted under this subsection. If the provisions of 35 this subsection are implemented, the department of 36 human services shall submit amendments to the general 37 assembly in accordance with section 2.16 to codify the 38 provisions." Amendment H-8967 was adopted. Brand of Tama asked and received unanimous consent that amendment H-9052 be deferred. Mundie of Webster asked and received unanimous consent that amendment H-9072 be deferred. Hansen of Pottawattamie offered the following amendment H-9031 filed by Hansen, et al., and moved its adoption: H-9031 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 21, line 13, by inserting after the word 4 "assembly." the following: "The department, in 5 consultation with the board established for the child 6 health care program, shall develop and utilize an 7 application form, which does not exceed two pages in 8 length, for coordination of the child health care 9 program and the medical assistance program." Amendment H-9031 was adopted. Houser of Pottawattamie asked and received unanimous consent to withdraw amendment H-8957 filed by Blodgett of Cerro Gordo on April 6, 1998, placing amendment H-9014 filed by Osterhaus of Jackson on April 8, 1998 out of order. Houser of Pottawattamie asked and received unanimous consent to withdraw amendment H-8965 filed by Blodgett of Cerro Gordo on April 6, 1998, placing amendment H-9018 filed by Osterhaus of Jackson on April 8, 1998 out of order. Osterhaus of Jackson asked and received unanimous consent to withdraw amendment H-8930 filed by him on April 6, 1998. Houser of Pottawattamie asked and received unanimous consent to withdraw amendment H-9032 filed by him on April 8, 1998. Taylor of Linn offered the following amendment H-9066 filed by him and Nelson of Marshall from the floor and moved its adoption: H-9066 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 22, line 4, by inserting after the word 4 "project" the following: "to develop recruitment and 5 retention strategies and". Amendment H-9066 was adopted. Osterhaus of Jackson asked and received unanimous consent to withdraw amendment H-8920 filed by him on April 3, 1998. Jochum of Dubuque offered amendment H-8931 filed by her as follows: H-8931 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 24, lines 7 and 8 by striking the words 4 "for at least 30 consecutive days immediately prior to 5 discharge". Jochum of Dubuque offered the following amendment H-9045, to amendment H-8931, filed by her from the floor and moved its adoption: H-9045 1 Amend the amendment, H-8931, to Senate File 2410, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 5, by inserting after the word 5 "discharge" the following: "and inserting the 6 following: "or were at risk of institutional 7 placement, not to exceed 100 slots"." Amendment H-9045 was adopted. Jochum of Dubuque moved the adoption of amendment H-8931, as amended. Amendment H-8931, as amended, was adopted. Grundberg of Polk offered the following amendment H-9044 filed by her and Jacobs of Polk, Huser of Polk, Martin of Scott, Burnett of Story, Barry of Harrison, Jochum of Dubuque, Metcalf of Polk, Bukta of Clinton, Nelson of Marshall, Chapman of Linn, Doderer of Johnson, Frevert of Palo Alto, Mascher of Johnson, Mertz of Kossuth, Reynolds-Knight of Van Buren, Boggess of Taylor and Garman of Story from the floor and moved its adoption: H-9044 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 26, line 33, by inserting after the word 4 "implementing" the following: "by April 1, 1999,". 5 2. Page 26, lines 34 and 35, by striking the 6 words and figures "assistance, by April 1, 1999." and 7 inserting the following: "assistance." 8 3. Page 27, by striking lines 10 through 13 and 9 inserting the following: "receive reports submitted 10 by the department. The department shall pursue every 11 available option to identify and secure additional 12 federal funding which may be used for child day care. 13 If sufficient federal funding which may be used for 14 child day care is identified and secured in addition 15 to the amount budgeted for this purpose for the fiscal 16 year beginning July 1, 1998, the single point of 17 access program shall be implemented by April 1, 1999. 18 If the amount of additional federal funding identified 19 and secured is also sufficient for the reimbursement 20 provisions for JOBS program child care assistance to 21 be made consistent with the reimbursement provisions 22 for state child care assistance, the department shall 23 include this reimbursement change as part of the 24 implementation of the single point of access program." Amendment H-9044 was adopted. Jochum of Dubuque asked and received unanimous consent to withdraw amendment H-9017 filed by her on April 8, 1998. Huser of Polk asked and received unanimous consent to withdraw amendment H-9004 filed by her on April 8, 1998. Foege of Linn asked and received unanimous consent to withdraw amendment H-8922 filed by him on April 3, 1998. Speaker pro tempore Van Maanen of Marion in the chair at 3:15 p.m. Burnett of Story offered the following amendment H-8964 filed by her and moved its adoption: H-8964 1 Amend Senate File 2410 as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 30, by striking line 30, and inserting 4 the following: 5 " $ 97,330,033" 6 2. Page 37, by inserting after line 14, the 7 following: 8 "___. Of the moneys appropriated in this section, 9 $585,129 shall be used for foster family basic daily 10 maintenance rate reimbursement as provided in this 11 Act. It is the intent of the General Assembly that 12 this rate be increased each year by 2.5 percent until 13 the rate reflects 75 percent of the United States 14 Department of Agriculture's estimated regional cost of 15 raising a child." 16 3. Page 55, line 34, by striking the figure 17 "13.45" and inserting the following: "13.93". 18 4. Page 55, line 35, by striking the figure 19 "14.25" and inserting the following: "14.76". 20 5. Page 56, line 1, by striking the figure 21 "15.96" and inserting the following: "16.53". 22 6. Page 56, line 2, by striking the figure 23 "15.96" and inserting the following: "16.53". Amendment H-8964 lost. Foege of Linn offered the following amendment H-9035 filed by him from the floor and moved its adoption: H-9035 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 31, line 6, by striking the figure 4 "30,923,872" and inserting the following: 5 "31,113,468". Amendment H-9035 was adopted. Houser of Pottawattamie offered the following amendment H-9059 filed by him from the floor and moved its adoption: H-9059 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 31, by striking lines 9 through 13 and 4 inserting the following: 5 "b. (1) If at any time after September 30, 1998, 6 annualization of a region's current expenditures 7 indicates a region is at risk of exceeding its group 8 foster care expenditure target under section 232.143 9 by more than five percent, the department and juvenile 10 court services shall examine all group foster care 11 placements in that region in order to identify those 12 which might be appropriate for termination. In 13 addition, any aftercare services believed to be needed 14 for the children whose placements may be terminated 15 shall be identified. The department and juvenile 16 court services shall initiate action to set 17 dispositional review hearings for the placements 18 identified. In such a dispositional review hearing, 19 the juvenile court shall determine whether needed 20 aftercare services are available and whether 21 termination of the placement is in the best interest 22 of the child and the community. 23 (2) The department shall provide quarterly reports 24 to the judicial department, juvenile court services, 25 the legislative fiscal bureau, and decategorization 26 boards on the number of children placed in group 27 foster care and the amount of expenditure for group 28 foster care by county. The department shall 29 coordinate with the child welfare services work group 30 created in November 1997, by the legislative council 31 and with interested decategorization counties to 32 identify information systems and reports across all 33 services and placements that would support utilization 34 management decisions. The department shall identify 35 the resources needed to develop and implement such a 36 system and its fiscal benefits, and report to the 37 general assembly by February 1, 1999." 38 2. By renumbering as necessary. Amendment H-9059 was adopted. The following amendments were withdrawn by unanimous consent: H-8921 filed by Foege of Linn on April 3, 1998. H-8948 filed by Foege of Linn on April 6, 1998. H-9019 filed by Foege of Linn on April 8, 1998. H-9023 filed by Houser of Pottawattamie on April 8, 1998. Houser of Pottawattamie offered the following amendment H-9030 filed by him and moved its adoption: H-9030 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 37, by inserting after line 23 the 4 following: 5 "It is the intent of the general assembly that the 6 admissions requirements of the consent decree shall 7 also be applied to the state university of Iowa 8 hospital-school for children with disabilities. The 9 state board of regents shall submit to the general 10 assembly proposed amendments to chapter 263 to codify 11 the admissions requirements of the consent decree." 12 2. By renumbering as necessary. Amendment H-9030 was adopted. Heaton of Henry offered the following amendment H-9038 filed by him and Houser of Pottawattamie from the floor and moved its adoption: H-9038 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 43, by inserting after line 27 the 4 following: 5 "(3) The department shall work with the Iowa state 6 association of counties in reviewing the reimbursement 7 methodology provided in this lettered paragraph to 8 determine whether modifications in the methodology or 9 implementation of an alternate methodology are 10 appropriate. The department shall report on the 11 review in December 1998 to the persons required by 12 this Act for submission of reports." Amendment H-9038 was adopted. Veenstra of Sioux asked and received unanimous consent to withdraw amendment H-8969 filed by him and Vande Hoef of Osceola on April 7, 1998. Grundberg of Polk offered the following amendment H-9039 filed by her and Houser of Pottawattamie from the floor and moved its adoption: H-9039 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 48, line 34, by striking the figure 4 "17,281,138" and inserting the following: 5 "17,530,000". 6 2. Page 49, by striking lines 22 through 30. 7 3. By renumbering as necessary. Amendment H-9039 was adopted. Gipp of Winneshiek in the chair at 3:58 p.m. Jochum of Dubuque offered amendment H-9022 filed by her and Richardson of Warren as follows: H-9022 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 52, by inserting after line 4 the 4 following: 5 "If a resignation, retirement, or other change in 6 staffing reducing the number of full-time equivalent 7 positions responsible for mental health or mental 8 retardation services in a local office of the 9 department causes the county to which the local office 10 is assigned to assume responsibilities previously 11 performed by the department's positions, the 12 department shall reimburse the county for the increase 13 in costs connected with the responsibilities assumed." Murphy of Dubuque asked and received unanimous consent for the adoption of amendment H-9097, to amendment H-9022, filed by him from the floor as follows: H-9097 1 Amend the amendment H-9022, to Senate File 2410, 2 as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. Page 1, line 5, by striking the words "or other 5 change" and inserting the word "dismissal". Jochum of Dubuque moved the adoption of amendment H-9022, as amended. Amendment H-9022, as amended, was adopted. Shoultz of Black Hawk asked and received unanimous consent to withdraw amendment H-9042 filed by him from the floor. Osterhaus of Jackson offered the following amendment H-9067 filed by him from the floor and moved its adoption: H-9067 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 54, line 33, by inserting after the word 4 "for" the following: "pharmacist,". Amendment H-9067 was adopted. Veenstra of Sioux offered the following amendment H-9041 filed by him and Vande Hoef of Osceola from the floor and moved its adoption: H-9041 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 56, line 26, by striking the word "paid" 4 and inserting the following: "established". 5 2. Page 56, line 27, by striking the word "two" 6 and inserting the following: "three". Amendment H-9041 was adopted. Houser of Pottawattamie offered the following amendment H-9024 filed by him and Barry of Harrison and moved its adoption: H-9024 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 66, by inserting after line 27 the 4 following: 5 "Sec. ___. MEDICAL AND SURGICAL TREATMENT OF 6 INDIGENT PERSONS - STUDY. The legislative council is 7 requested to establish a 1998 legislative interim 8 committee to review the medical and surgical treatment 9 of indigent persons in the state through the 10 university of Iowa hospitals and clinics under chapter 11 255 and 255A. The review should include but is not 12 limited to the programs and services provided and the 13 possibility of providing these programs and services 14 at alternative locations throughout the state." 15 2. By renumbering as necessary. Amendment H-9024 was adopted. Murphy of Dubuque offered the following amendment H-9056 filed by him from the floor and moved its adoption: H-9056 1 Amend Senate File 2410 as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 66, by inserting after line 27, the 4 following: 5 "Sec. ___. HAWK-I TRUST FUND. 6 1. If House File 2517 is enacted by the Seventy- 7 seventh General Assembly, 1998 Session, a HAWK-I trust 8 fund is created in the state treasury under the 9 authority of the department of human services, to 10 which all state appropriations shall be deposited and 11 used to carry out the purposes of this chapter. Other 12 revenues of the program such as grants, contributions, 13 and participant payments shall not be considered 14 revenue of the state, but rather shall be funds of the 15 program. 16 2. The trust fund shall be separate from the 17 general fund of the state and shall not be considered 18 part of the general fund of the state. The moneys in 19 the trust fund are not subject to section 8.33 and 20 shall not be transferred, used, obligated, 21 appropriated, or otherwise encumbered except as 22 provided in this chapter. Notwithstanding section 23 12C.7, subsection 2, interest or earnings on moneys 24 deposited in the trust fund shall be credited to the 25 trust fund." 26 2. By renumbering as necessary. Amendment H-9056 was adopted, placing amendment H-9043 filed by Murphy of Dubuque from the floor out of order. Osterhaus of Jackson asked and received unanimous consent to withdraw amendment H-8923 filed by Osterhaus, et al., on April 3, 1998. Jochum of Dubuque asked and received unanimous consent to withdraw amendment H-9015 filed by her on April 8, 1998, placing amendment H-9051 filed by Carroll of Poweshiek and Myers of Johnson from the floor out of order. Houser of Pottawattamie offered the following amendment H-8988 filed by him and moved its adoption: H-8988 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 83, line 31, by striking the figure "56" 4 and inserting the following: "58". 5 2. Page 83, line 32, by striking the word and 6 figures "58 and 59" and inserting the following: "60 7 and 61". 8 3. Page 83, line 34, by striking the figure "66" 9 and inserting the following: "68". 10 4. Title page, lines 4 and 5, by striking the 11 words "an applicability provision" and inserting the 12 following: "a retroactive applicability provision". Amendment H-8988 was adopted. Veenstra of Sioux offered the following amendment H-9058 filed by him from the floor and moved its adoption: H-9058 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 5, by striking line 19 and inserting the 4 following: 5 $ 23,587,871" Amendment H-9058 was adopted. Hansen of Pottawattamie offered amendment H-9049 filed by him and Houser of Pottawattamie, Millage of Scott, Lamberti of Polk and Boddicker of Cedar from the floor as follows: H-9049 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 14, line 32, by striking the figure 4 "386,013,305" and inserting the following: 5 "385,963,305". 6 2. Page 53, by inserting after line 2 the 7 following: 8 "Sec. ___. SEXUALLY VIOLENT PREDATORS. There is 9 appropriated from the general fund of the state to the 10 department of human services for the fiscal year 11 beginning July 1, 1998, and ending June 30, 1999, the 12 following amount, or so much thereof as is necessary, 13 to be used for the purpose designated: 14 For costs associated with the commitment and 15 treatment of sexually violent predators: 16 $ 500,000" 17 3. Page 66, line 3, by inserting after the word 18 "population." the following: "The task force 19 deliberations shall incorporate the provisions of any 20 initial program created by law for the commitment and 21 treatment of sexually violent predators." 22 4. By renumbering as necessary. Hansen of Pottawattamie asked and received unanimous consent to withdraw amendment H-9057, to amendment H-9049, filed by him from the floor. Hansen of Pottawattamie offered the following amendment H-9068, to amendment H-9049, filed by him from the floor and moved its adoption: H-9068 1 Amend the amendment, H-9049, to Senate File 2410, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 5, by striking the figure 5 "385,963,305" and inserting the following: 6 "385,513,305". Amendment H-9068 was adopted. Hansen of Pottawattamie moved the adoption of amendment H-9049, as amended. Amendment H-9049, as amended, was adopted. Witt of Black Hawk offered the following amendment H-9013 filed by him and moved its adoption: H-9013 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 18, by striking lines 25 and 26 and 4 inserting the following: "assistance." Amendment H-9013 was adopted. Brand of Tama asked and received unanimous consent to withdraw amendment H-9052 filed by him from the floor. Mundie of Webster offered the following amendment H-9072 filed by him from the floor and moved its adoption: H-9072 1 Amend Senate File 2410, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 20, by inserting after line 16 the 4 following: 5 "___. Effective with the fiscal year beginning 6 July 1, 1998, the department shall revise the 7 eligibility provision for the home and community-based 8 services waiver for persons with brain injury which 9 requires that a person must reside in a medical 10 institution to eliminate the requirement for a minimum 11 of thirty days' residence." 12 2. By renumbering as necessary. A non-record roll call was requested. The ayes were 33, nays 44. Amendment H-9072 lost. Houser of Pottawattamie moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2410) The ayes were, 95: Arnold Barry Bell Bernau Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Gipp, Presiding The nays were, 2: Kreiman O'Brien Absent or not voting, 3: Blodgett Cataldo Koenigs The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 2410 be immediately messaged to the Senate. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 9, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 2400, a bill for an act providing a procedure for the preservation of a mechanic's lien for materials or labor furnished to a subcontractor and providing for related matters. Also: That the Senate has on April 9, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2161, a bill for an act relating to the reporting and partner notification requirements relative to the human immunodeficiency virus. Also: That the Senate has on April 9, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2188, a bill for an act relating to debt collection. Also: That the Senate has on April 9, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2312, a bill for an act providing for child day care requirements for volunteers and for the number of children receiving care under the child care home pilot projects and providing an effective date. MARY PAT GUNDERSON, Secretary The House stood at ease at 4:00 p.m., until the fall of the gavel. The House resumed session at 4:12 p.m., Gipp of Winneshiek in the chair. EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on April 8, 1998. Had I been present, I would have voted "aye" on House Files 2532, 2539, 2540, 2547, 2548, 2553, amendments H-8914 to House File 2506 and H-9010 to House File 2539, Senate Files 490, 540, 2037, 2109, 2200, 2259, 2274, 2292, 2316, 2321, 2368, 2377, 2391, amendment H-8970 to Senate File 2277, and "nay" on Senate File 2277. CATALDO of Polk I was necessarily absent from the House chamber on the morning of April 9, 1998. Had I been present, I would have voted "aye" on House Files 2049, 2335 and Senate File 2268. CHIODO of Polk 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 9th day of April, 1998: House Files 721, 2168, 2211, 2369, 2394, 2476 and 2527. ELIZABETH A. ISAACSON Chief Clerk of the House Report adopted. BILLS SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on April 9, 1998, he approved and transmitted to the Secretary of State the following bills: House File 2339, an act relating to limits on coverage of the remedial account of the Iowa comprehensive petroleum underground storage tank fund, the minimum copayment provisions in regard to the remedial account, and creating a no further action fund. House File 2468, an act establishing an electronic benefits transfer program in the department of human services. House File 2482, an act relating to certain criminal acts committed on or against the property of railway corporations and providing and applying penalties. House File 2490, an act relating to the administration of the insurance account of the comprehensive petroleum underground storage tank fund, creating an underground storage tank insurance board, an underground storage tank insurance fund, and transferring assets and liabilities of the insurance account of the comprehensive petroleum underground storage tank fund. House File 2523, an act relating to the reimbursement of certain providers of services under the medical assistance program. Senate File 2288, an act relating to the sales and use tax on optional service or warranty contracts and to the sales and use tax exemption on certain computers, equipment, machinery, and fuel, relating to the definition of manufacturer for purposes of the exemption, and providing a retroactive applicability date. Senate File 2338, an act relating to adoptions including the process for adoption of a deceased person and relating to the entities responsible for assisting in international adoptions and providing an effective date. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Twenty-seven 8th grade students from West Central Middle School, Redfield, accompanied by Principal Wendy Parker and Teachers Stacie Noble and Leslie Wiles. By Lord of Dallas. Thirty-two International students, accompanied by Mrs. Smith, Mr. Burgis, Mrs. Evans and Mrs. Gardner. By Richardson of Warren. Eight 7th and 8th grade students from the Christian School, Ocheyedan, accompanied by Mr. Corwin Slagter, Ellen Bosma and Laura Vander Meulen. By Vande Hoef of Osceola. COMMUNICATION RECEIVED The following communication was received and filed in the office of the Chief Clerk: CITIZENS' AIDE/OMBUDSMAN The Annual Report, pursuant to Chapter 2C, Code of Iowa. CERTIFICATE OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that a certificate of recognition has been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1998\450 Joshua McGrath, New Hampton - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. RESOLUTION FILED SCR 114, by committee on natural resources and environment, a concurrent resolution requesting that the legislative council establish an interim study committee to consider increasing the percent of oxygen by weight in motor vehicle fuel. Laid over under Rule 25. AMENDMENTS FILED H-9036 S.J.R. 2004 Larkin of Lee H-9037 S.J.R. 2004 Larkin of Lee H-9046 S.J.R. 2004 Osterhaus of Jackson H-9047 S.F. 2038 Jochum of Dubuque Grundberg of Polk H-9048 H.F. 2494 Senate Amendment H-9060 S.J.R. 2004 Doderer of Johnson H-9061 S.J.R. 2004 Frevert of Palo Alto H-9062 S.J.R. 2004 Weigel of Chickasaw H-9063 S.J.R. 2004 Myers of Johnson H-9064 S.J.R. 2004 Myers of Johnson H-9065 S.J.R. 2004 Chapman of Linn H-9069 S.J.R. 2004 Richardson of Warren H-9070 S.J.R. 2004 Richardson of Warren H-9071 S.J.R. 2004 Weigel of Chickasaw H-9073 S.J.R. 2004 Doderer of Johnson Osterhaus of Jackson H-9074 S.J.R. 2004 Jochum of Dubuque H-9075 S.J.R. 2004 Bernau of Story H-9076 S.J.R. 2004 Bernau of Story H-9077 S.J.R. 2004 Jochum of Dubuque H-9078 S.J.R. 2004 Bernau of Story H-9079 S.J.R. 2004 Chapman of Linn H-9080 S.J.R 2004 Richardson of Warren H-9081 S.J.R. 2004 Weigel of Chickasaw H-9082 S.J.R. 2004 Bernau of Story H-9083 S.J.R. 2004 Shoultz of Black Hawk H-9084 S.J.R. 2004 Bernau of Story H-9085 S.J.R. 2004 Doderer of Johnson H-9086 S.J.R. 2004 Frevert of Palo Alto H-9087 S.J.R. 2004 Frevert of Palo Alto H-9088 S.J.R. 2004 Weigel of Chickasaw H-9089 S.J.R. 2004 Bernau of Story H-9090 S.J.R. 2004 Bernau of Story H-9091 S.J.R. 2004 Shoultz of Black Hawk H-9092 S.J.R. 2004 Chapman of Linn H-9093 S.J.R. 2004 Bernau of Story H-9094 S.J.R. 2004 Wise of Lee H-9095 S.F. 58 Mascher of Johnson H-9096 H.F. 2400 Senate Amendment H-9098 S.J.R. 2004 Jochum of Dubuque H-9099 S.J.R. 2004 Weigel of Chickasaw H-9100 S.J.R. 2004 Larkin of Lee H-9101 S.J.R. 2004 Bernau of Story H-9102 S.J.R. 2004 Bernau of Story H-9103 S.J.R. 2004 Bernau of Story H-9104 S.J.R. 2004 Weigel of Chickasaw H-9105 S.J.R. 2004 Warnstadt of Woodbury H-9106 S.F. 367 Holveck of Polk Kreiman of Davis Doderer of Johnson H-9107 S.J.R. 2004 Warnstadt of Woodbury H-9108 S.F. 2332 Meyer of Sac H-9109 H.F. 2164 Warnstadt of Woodbury Whitead of Woodbury H-9110 S.F. 492 Taylor of Linn H-9111 S.F. 492 Dotzler of Black Hawk H-9112 S.J.R. 2004 Chapman of Linn H-9113 S.J.R. 2004 Jochum of Dubuque H-9114 S.J.R. 2004 Bernau of Story H-9115 S.J.R. 2004 Warnstadt of Woodbury H-9116 S.J.R. 2004 Warnstadt of Woodbury On motion by Siegrist of Pottawattamie, the House adjourned at 4:15 p.m., until 11:00 a.m., Monday, April 13, 1998.
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