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Eightieth Calendar Day - Fifty-first Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, March 31, 1999 The House met pursuant to adjournment at 8:45 a.m., Speaker pro tempore Rants in the chair. Prayer was offered by the Honorable Clarence Hoffman, state representative from Crawford County. The Journal of Tuesday, March 30, 1999 was approved. INTRODUCTION OF BILL House File 760, by committee on appropriations, a bill for an act relating to appropriations for the department of human services and including other provisions and appropriations involving human services and health care, and providing effective dates. Read first time and placed on the appropriations 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 March 30, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 179, a bill for an act relating to requests and hearings for correction and expungement of child abuse information. Also: That the Senate has on March 30, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 192, a bill for an act relating to open containers in motor vehicles and providing a penalty. Also: That the Senate has on March 30, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 253, a bill for an act concerning reporting requirements for real estate conveyances relating to the identification of wells, disposal sites for solid waste, underground storage tanks, and hazardous waste, and providing an effective date. MICHAEL E. MARSHALL, Secretary LEAVE OF ABSENCE Leave of absence was granted as follows: Connors of Polk on request of Schrader of Marion. CONSIDERATION OF BILLS Regular Calendar House File 703, a bill for an act relating to membership of county compensation boards, was taken up for consideration. Richardson of Warren offered the following amendment H?1276 filed by Richardson, et al., and moved its adoption: H-1276 1 Amend House File 703 as follows: 2 1. Page 1, line 12, by striking the letter "a." 3 2. By striking page 1, line 18, through page 2, 4 line 2. 5 3. Page 2, by striking lines 23 through 34 and 6 inserting the following: "county compensation board. 7 In determining the final compensation scheduleif, the 8 board of supervisorswishestomay accept or reduce 9 the amount of the recommended compensation schedule,10theamountofthesalaryincreaseproposedforeach11electedcountyofficershallbereducedanequal12percentage. If the compensation board is created 13 pursuant to". Roll call was requested by Cormack of Webster and Martin of Scott. On the question "Shall amendment H-1276 be adopted?" (H.F. 703) The ayes were, 52: Bell Blodgett Boal Boggess Bradley Bukta Burnett Carroll^ Cataldo Chiodo Cohoon Davis Dix Dotzler Drees Eddie Falck Ford Frevert Gipp Greiner Heaton Hoffman Holveck Houser Huseman Huser Jager Jochum Kettering Klemme Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Shoultz Stevens Sukup Van Engelenhoven Wise Rants, Presiding The nays were, 47: Alons Arnold Barry Baudler Boddicker Brauns Brunkhorst Chapman Corbett, Spkr. Cormack Doderer Dolecheck Drake Fallon Foege Garman Grundberg Hahn Hansen Holmes Horbach Jacobs Jenkins Johnson Larson Lord Martin Metcalf Millage Nelson Raecker Rayhons Schrader Siegrist Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Fossen Warnstadt Weidman Weigel Welter Whitead Witt Absent or not voting, 1: Connors Amendment H-1276 was adopted. Kuhn of Floyd asked and received unanimous consent to withdraw amendment H-1298 filed by him on March 30, 1999. Eddie of Buena Vista moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 703) The ayes were, 77: Alons Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo^ Cohoon Corbett, Spkr. Cormack Davis Dix Dotzler Drake Drees Eddie Falck Fallon Ford Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Johnson Kettering Klemme Kreiman Kuhn Larkin Lord Martin Mascher May Mertz Metcalf Millage Mundie Myers Nelson O'Brien Raecker Rayhons Reynolds Richardson Siegrist Stevens Sunderbruch Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Welter Wise Rants, Presiding The nays were, 21: Arnold Chapman Doderer Dolecheck Foege Frevert Garman Jochum Larson Murphy Osterhaus Parmenter Scherrman Schrader Shoultz Taylor Warnstadt Weidman Weigel Whitead Witt Absent or not voting, 2: Connors Sukup The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. MOTION TO RECONSIDER WITHDRAWN (House File 375) Chapman of Linn asked and received unanimous consent to withdraw the motion to reconsider House File 375, a bill for an act eliminating the requirement that information relating to open-end credit accounts and credit cards be filed with the treasurer of state, filed by her on March 23, 1999. House File 634, a bill for an act relating to expenditure of moneys from the primary road fund for dust control on certain roads, was taken up for consideration. Heaton of Henry moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 634) The ayes were, 97: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Rants, Presiding The nays were, none. Absent or not voting, 3: Connors Greiner Sukup The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 404 WITHDRAWN Heaton of Henry asked and received unanimous consent to withdraw House File 404 from further consideration by the House. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 703 and 634. The House resumed consideration of House File 741, a bill for an act relating to the authorization requirements for psychiatric medical institutions for children and providing an effective date, previously deferred on March 29, 1999, was taken up for consideration. Dolecheck of Ringgold offered the following amendment H?1312 filed by him and Chapman of Linn and moved its adoption: H-1312 1 Amend House File 741 as follows: 2 1. Page 1, by striking lines 25 through 33 and 3 inserting the following: "135C.Unlessapsychiatric4institutionwasaccreditedtoprovidepsychiatric5servicesbythejointcommissionontheaccreditation6ofhealthcareorganizationsunderthecommission's7consolidatedstandardsforresidentialsettingsprior8toJune1,1989,thedepartmentofhumanservices9shallnotapproveanapplicationforalicenseunder10thischapteruntilthefederalhealthcarefinancing11administrationhasapprovedastateTitleXIXplan12amendmenttoincludecoverageofservicesina13psychiatricmedicalinstitutionforchildren." 14 2. Page 3, by striking lines 6 through 16 and 15 inserting the following: 168.10. A psychiatric institution licensed prior to 17JanuaryJuly 1,19961999, may exceed the number of 18 beds authorized undersubsections5andsubsection 6 19 if the excess beds are used to provide services funded 20 from a source other than the medical assistance 21 program under chapter 249A. Notwithstanding 22 subsections 4, 5, and 6, the provision of services 23 usingsuchthose excess beds does not require a 24 certificate of need or a review by the department of 25 human services." Amendment H?1312 was adopted. Van Engelenhoven of Mahaska moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 741) The ayes were, 98: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Rants, Presiding The nays were, none. Absent or not voting, 2: Connors Sukup 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 741 be immediately messaged to the Senate. House File 680, a bill for an act relating to the establishment of a community college governance task force, was taken up for consideration. Wise of Lee asked and received unanimous consent to withdraw amendment H-1090 filed by him and Nelson of Marshall on March 16, 1999. Wise of Lee offered the following amendment H?1146 filed by him and Nelson of Marshall and moved its adoption: H-1146 1 Amend House File 680 as follows: 2 1. Page 1, by striking lines 2 through 5 and 3 inserting the following: "legislative council is 4 requested to establish an interim task force 5 consisting of members of both political parties from 6 both houses of the general assembly, the office of the 7 governor, the boards of directors of the community 8 colleges, the Iowa association of community college 9 presidents, and the division of community colleges and 10 workforce preparation of the department of 11 education,". 12 2. Page 1, by striking lines 22 through 24 and 13 inserting the following: "section in a report to the 14 general assembly on or about December 1,". Amendment H?1146 was adopted. Nelson of Marshall moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 680) The ayes were, 93: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Cohoon Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege Ford Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord^ Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rayhons Reynolds Richardson Scherrman Schrader Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Welter Whitead Wise Witt Rants, Presiding The nays were, 4: Eddie Frevert Shoultz Weigel Absent or not voting, 3: Carroll Connors Jager The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 664, a bill for an act creating an adult mental health, mental retardation, and developmental disabilities services funding decategorization pilot project, was taken up for consideration. Houser of Pottawattamie offered the following amendment H?1292 filed by him and Myers of Johnson and moved its adoption: H-1292 1 Amend House File 664 as follows: 2 1. By striking everything after the enacting 3 clause and inserting the following: 4 "Section 1. NEW SECTION. 331.440A ADULT MENTAL 5 HEALTH, MENTAL RETARDATION, AND DEVELOPMENTAL 6 DISABILITIES SERVICES FUNDING DECATEGORIZATION PILOT 7 PROJECT. 8 1. DEFINITIONS. For the purposes of this section, 9 unless the context requires otherwise: 10 a. "Department" means the department of human 11 services. 12 b. "Pilot project areas" means the pilot project 13 created under this section involving the three-county 14 or multicounty single entry point process 15 administrative areas designated in accordance with 16 this section. 17 c. "Target population" means any person who is a 18 legal resident of a pilot project county and meets 19 both of the following conditions: 20 (1) The person is eighteen years of age or older. 21 However, a person who is more than sixty-four years of 22 age who requires full-time nursing facility care shall 23 not be included in the target population. 24 (2) The person is eligible for assistance under 25 the pilot project county management plan approved 26 under section 331.439. 27 2. PURPOSE. The purpose of the pilot project is 28 to improve outcomes for service consumers by allowing 29 pilot project counties to administer overall projected 30 funding from state and federal sources together with 31 other available funding, and by reducing or 32 eliminating unnecessary barriers associated with 33 funding sources, and thereby to creatively meet the 34 divergent, individual needs of service consumers in 35 the community. 36 3. PROJECT ESTABLISHED. The department of human 37 services shall establish a pilot project for 38 decategorizing the public funding for adult mental 39 health, mental retardation, and developmental 40 disabilities services in accordance with this section. 41 The pilot project shall include the three-county 42 single entry point process administrative areas 43 designated for decategorization planning under 1997 44 Iowa Acts, chapter 169, section 13. Under the pilot 45 project, a projected funding amount for a fiscal year 46 shall be developed for each of the three 47 administrative areas, from the funding sources 48 designated in this section. The projected funding 49 amount for a fiscal year, manner of payment, and other 50 provisions of the pilot project shall be delineated in Page 2 1 contracts between the department and the counties 2 involved in the pilot project. 3 4. COUNTY MANAGEMENT PLAN. The counties 4 participating in the pilot project shall amend their 5 county management plans approved under section 331.439 6 to be applicable to the period of the pilot project. 7 Unless a change in federal or state funding provisions 8 reduces the availability of funding, a pilot project 9 county's management plan eligibility provisions shall 10 not be more restrictive than the provisions in effect 11 as of June 30, 1999. The amended county management 12 plans shall address the service needs of the 13 populations served under the funding sources included 14 in the pilot project beginning with the applicable 15 phase. 16 For purposes of determining the financial 17 responsibility of a pilot project county, a legal 18 resident includes anyone living in the county at the 19 time services or other support are provided who is a 20 member of the target population. A legal resident 21 includes but is not limited to a person who is 22 homeless or living in a homeless shelter. However, if 23 an individual resides in a pilot project county as a 24 result of placement or referral for services or other 25 support by another county or another state, financial 26 responsibility remains with the other county or other 27 state. 28 5. COUNTY RESPONSIBILITIES. 29 a. A county participating in the pilot project is 30 responsible to provide or pay for services and other 31 support to appropriately address the needs of the 32 target population attributable to that county. This 33 responsibility includes accountability for clinical, 34 administrative, and fiscal functions. 35 b. A pilot project area may choose among 36 alternative approaches in administering services under 37 the pilot project. The alternative approaches include 38 but are not limited to any of the following: 39 (1) A case rate approach to purchase of services. 40 (2) A fee-for-service purchasing approach with an 41 emphasis on flexible, creative services. 42 (3) A mixed model involving both case rate and 43 fee-for-service approaches. 44 c. A pilot project area shall provide data and 45 other reports as provided in the contract with the 46 department. 47 d. Moneys received by a county under the pilot 48 project shall be deposited in the county's services 49 fund. Moneys received that remain unencumbered or 50 unobligated at the close of the fiscal year shall Page 3 1 remain available to be used to benefit the county's 2 target population in the succeeding fiscal year. 3 e. Receipt and expenditures of moneys under the 4 pilot project shall be subject to examination during 5 the regular audit of the pilot project area counties 6 performed in accordance with chapter 11. 7 6. FUNDING - PHASES. The department shall 8 negotiate with the pilot project areas to identify the 9 projected funding amount to be provided to the areas 10 for a fiscal year. The projected funding amount shall 11 be determined in accordance with a pilot project 12 area's relative share of the statewide expenditures 13 for services and other support paid by the funding 14 sources included in the pilot project plus the related 15 administrative expenses. Unless the commencement 16 dates are delayed due to a determination by the 17 oversight committee, the pilot project funding shall 18 be implemented in two phases with the first phase to 19 commence July 1, 2000, and the second phase to 20 commence July 1, 2001, as provided in paragraph "d". 21 Both phases of the pilot project shall end December 22 31, 2003. The phases of the pilot project shall be 23 implemented as follows: 24 a. In the first phase, the department and the 25 pilot project areas shall negotiate the specific 26 projected funding amounts to be provided to each area. 27 The department and the pilot project areas shall 28 provide any data or other information necessary to 29 accurately develop the projected amounts. The funding 30 amount for the first phase shall be determined by 31 December 30, 1999. 32 b. In the first phase, the mental health services 33 funding sources for the pilot project areas shall 34 include but are not limited to all of the following: 35 (1) The state share of the costs of care in the 36 state mental health institutes. 37 (2) The mental health portion of any federal grant 38 funding administered through the United States 39 department of health and human services. 40 (3) Federal social services block grant funding. 41 (4) State case funding. 42 (5) State funding for the purchase of local 43 services for persons with mental illness where the 44 client has no established county of legal settlement. 45 (6) State supplementary assistance funding. 46 (7) To the extent allowed by the federal 47 government, the mental health portion of federal 48 funding provided for vocational rehabilitation of 49 individuals with disabilities. 50 c. In the first phase, the mental retardation and Page 4 1 other developmental disabilities services funding 2 sources for the pilot project areas shall include but 3 are not limited to all of the following: 4 (1) State and federal medical assistance funding 5 for home and community-based waiver services to 6 persons with mental retardation. 7 (2) The state share of the costs of care in the 8 state hospital-schools. 9 (3) State and federal medical assistance payments 10 for intermediate care facilities for persons with 11 mental retardation services. 12 (4) Federal social services block grant funding. 13 (5) State funding for the purchase of local 14 services for persons with mental retardation and other 15 developmental disabilities where the client has no 16 established county of legal settlement. 17 (6) State supplementary assistance funding. 18 (7) To the extent allowed by the federal 19 government, the mental retardation and other 20 developmental disabilities portion of federal funding 21 provided for vocational rehabilitation of persons with 22 disabilities. 23 d. In the second phase, all other medical 24 assistance funding for mental health services for the 25 pilot project areas shall be incorporated into the 26 annual projected funding amount. Implementation of 27 the second phase shall be subject to enactment by the 28 general assembly of an implementation authorization. 29 7. OVERSIGHT COMMITTEE. 30 a. An oversight committee shall be established to 31 provide general oversight of the pilot project and the 32 risk pool and to perform the duties outlined in this 33 subsection. The oversight committee shall consist of 34 the following members: 35 (1) At least one service consumer, one service 36 provider, and one county supervisor from each of the 37 three pilot project areas, designated by the county 38 board of supervisors. 39 (2) An individual designated by the governor. 40 (3) One individual designated by the division of 41 medical services of the department of human services 42 and one individual designated by the division of 43 mental health and developmental disabilities of the 44 department of human services. 45 (4) An individual designated by the legislative 46 council. If the individual designated by the 47 legislative council is a member of the general 48 assembly, that member shall be a nonvoting member. 49 b. The oversight committee shall have the 50 following duties and responsibilities: Page 5 1 (1) The oversight committee may make a 2 determination that implementation by the department of 3 human services of a significant funding provision such 4 as the rehabilitation option for persons with chronic 5 mental illness or a waiver under the medical 6 assistance program or another good cause reason 7 justifies delay of the implementation of the pilot 8 project phases as provided in subsection 6. If such a 9 determination is made, the department of human 10 services and pilot project counties shall delay 11 implementation of the pilot project phases until a 12 date identified by the oversight committee. 13 (2) The oversight committee shall arrange for an 14 independent evaluation of the pilot project in 15 accordance with subsection 9. 16 (3) The oversight committee shall provide 17 assistance to the pilot project counties, the 18 department of human services, and other interested 19 persons concerning implementation of the pilot 20 project. 21 (4) The oversight committee shall perform 22 functions for the risk pool in accordance with 23 subsection 8. 24 8. RISK POOL. In order to augment assistance from 25 the risk pool of the property tax relief fund for 26 which the pilot project counties may be eligible under 27 section 426B.5, the pilot project administrative areas 28 shall create and commit funding to a pilot project 29 risk pool. The pilot project risk pool shall be used 30 to cover unexpected costs resulting from an 31 unanticipated event such as a legal settlement 32 requirement or need for an exceptionally costly set of 33 services or other support. Funding shall be committed 34 on the basis of a percentage of the pilot project 35 counties overall budget for services under the 36 counties' management plan with an annual maximum 37 percentage for each area and an overall combined 38 percentage maximum, as determined by the pilot project 39 counties in consultation with the oversight committee. 40 Expenditure of this risk pool funding shall be subject 41 to authorization by the oversight committee. 42 9. OUTCOMES AND EVALUATION. 43 a. In consultation with the oversight committee, 44 the pilot project participants and the department 45 shall agree on a set of outcomes and indicators to 46 measure the effect of the pilot project upon the 47 system of care in those counties. The department and 48 pilot project areas shall annually report to the 49 governor and general assembly by December 15 on the 50 implementation status of the pilot project and the Page 6 1 performance on the indicators. The report shall 2 include any findings identified by the oversight 3 committee. 4 b. The oversight committee shall arrange for an 5 independent evaluation of the pilot project. The 6 evaluation shall assess the quality of services as 7 well as the cost-effectiveness of the pilot project. 8 The evaluation shall include a focus on special 9 populations such as persons who are homeless or who 10 have multiple disabilities or service needs. 11 c. A final report concerning the pilot project 12 shall be submitted by the department and the pilot 13 project areas to the governor and general assembly. 14 It is the intent of the general assembly to use that 15 report to determine whether to continue the pilot 16 project, revise it, terminate it, or implement the 17 pilot project provisions or a similar approach 18 statewide. 19 10. LAW - RULES - IMPLEMENTATION. 20 a. If a provision of state law or administrative 21 rule is in conflict with a provision of this section, 22 the provision of this section shall prevail. State 23 law and administrative rules governing the funding 24 sources specified in this section are not applicable 25 to use of the funding by the pilot project counties. 26 b. The department shall amend the medical 27 assistance state plan and apply for federal waivers as 28 necessary to implement the provisions of this section. 29 c. The department shall amend its contract for 30 managed behavioral health care under medical 31 assistance as necessary to implement the second phase 32 of the pilot project and for the medical assistance- 33 eligible persons covered under that contract to 34 instead be covered by the pilot project counties. 35 d. The pooling of funding sources and the 36 provision of services under this pilot project and 37 implementation of a risk pool as authorized in this 38 section is not insurance and is not subject to 39 regulation under chapters 505 through 523C. 40 e. The department of human services shall amend 41 the state medical assistance plan, implement federal 42 waivers, or take other actions as necessary for the 43 pilot project areas to be able to draw federal funding 44 for the start-up and other costs to implement the 45 pilot project. 46 f. The department shall give consideration to 47 implementing a rehabilitation option under the medical 48 assistance program for persons with chronic mental 49 illness. 50 g. The requirements of this section may be adapted Page 7 1 as necessary to comply with federal law, regulation, 2 or other requirements in order to assure federal 3 financial participation in the pilot project." 4 2. By renumbering as necessary. Amendment H?1292 was adopted. Houser of Pottawattamie moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 664) The ayes were, 98: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Rants, Presiding The nays were, none. Absent or not voting, 2: Connors Larkin 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 Files 680 and 664. House File 683, a bill for an act relating to mediation services related to custody, visitation, and support of a child, was taken up for consideration. Boddicker of Cedar asked and received unanimous consent to withdraw amendment H-1162 filed by him on March 23, 1999. Boddicker of Cedar offered the following amendment H?1163 filed by him and Chapman of Linn and moved its adoption: H-1163 1 Amend House File 683 as follows: 2 1. Page 1, by striking lines 24 through 27, and 3 inserting the following: "any dissolution of marriage 4 action or other domestic relations action. This 5 provision shall not". 6 2. Page 2, line 17, by inserting after the word 7 "administrator." the following: "The qualifications 8 established pursuant to subsection 4 shall not require 9 that a mediator be licensed to practice any other 10 profession." 11 3. Page 2, by striking line 25. 12 4. Page 2, line 26, by striking the word "shall" 13 and inserting the following: "a. Shall". Amendment H?1163 was adopted. Boddicker of Cedar offered the following amendment H?1245 filed by him and moved its adoption: H-1245 1 Amend House File 683 as follows: 2 1. Page 1, line 28, by inserting after the word 3 "apply" the following: "if the action involves a 4 child support or medical support obligation enforced 5 by the child support recovery unit. This provision 6 shall not apply". Amendment H?1245 was adopted. Kreiman of Davis offered the following amendment H?1092 filed by him and moved its adoption: H-1092 1 Amend House File 683 as follows: 2 1. By striking page 3, line 33, through page 4, 3 line 11. 4 2. By renumbering as necessary. Carroll of Poweshiek in the chair at 10:40 a.m. Roll call was requested by Kreiman of Davis and Doderer of Johnson. On the question "Shall amendment H-1092 be adopted?" (H.F. 683) The ayes were, 46: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Doderer Dotzler Drees Falck Foege Ford Frevert Garman Holveck Huser Jochum Kreiman Kuhn Larkin Martin Mascher May Mertz Metcalf Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 53: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Corbett, Spkr. Cormack Davis Dix Dolecheck Drake Eddie Fallon Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Millage Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Carroll, Presiding Absent or not voting, 1: Connors Amendment H-1092 lost. Siegrist of Pottawattamie asked and received unanimous consent that House File 683 be deferred and that the bill retain its place on the calendar. House File 734, a bill for an act establishing an Iowa drug prior authorization review panel within the department of human services and providing an effective date, was taken up for consideration. Blodgett of Cerro Gordo offered amendment H?1306 filed by him and Heaton of Henry as follows: H-1306 1 Amend House File 734 as follows: 2 1. Page 1, lines 1 and 2, by striking the words 3 "PRIOR AUTHORIZATION REVIEW PANEL" and inserting the 4 following: "UTILIZATION REVIEW COUNCIL". 5 2. Page 1, by striking lines 3 through 6, and 6 inserting the following: 7 "1. A drug utilization review council is 8 established within the department. The meetings of 9 the council are subject to chapter 21. However, those 10 portions of a meeting pertaining to matters of client 11 and provider confidentiality are exempt under section 12 21.5, and the council shall provide prior notice to 13 the public of portions of any meeting which will be 14 conducted in closed session. 15 2. The council shall consist of the following 16 members:" 17 3. Page 1, line 10, by striking the word 18 "recommended" and inserting the following: 19 "designated". 20 4. Page 1, line 11, by striking the word 21 "recommended" and inserting the following: 22 "designated". 23 5. Page 1, line 16, by striking the word 24 "recommended" and inserting the following: 25 "designated". 26 6. Page 1, line 18, by striking the word 27 "recommended" and inserting the following: 28 "designated". 29 7. Page 1, line 20, by striking the word 30 "recommended" and inserting the following: 31 "designated". 32 8. Page 1, line 22, by striking the word 33 "recommended" and inserting the following: 34 "designated". 35 9. Page 1, by striking lines 24 through 26, and 36 inserting the following: 37 "3. The members of the council shall". 38 10. Page 2, by striking lines 2 through 7, and 39 inserting the following: 40 "4. The members of the council shall serve two- 41 year terms and shall not serve more than two 42 consecutive terms. The director of human services 43 shall ensure that council membership meets the 44 requirements of sections 69.16 and 69.16A with regard 45 to original membership and subsequent membership. 46 Vacancies shall be filled by the original designating 47 organization and in the manner of the original 48 designation. Members of the council shall receive a 49 per diem and expenses in accordance with section 7E.6, 50 subsection 1." Page 2 1 11. Page 2, by striking line 8, and inserting the 2 following: 3 "5. The drug utilization review council shall make 4 recommendations to the council on human services 5 pursuant to". 6 12. Page 2, line 13, by striking the word 7 "department" and inserting the following: "council". 8 13. Page 2, line 15, by striking the word 9 "department" and inserting the following: "council". 10 14. Page 2, line 16, by striking the word "panel" 11 and inserting the following: "council on human 12 services". 13 15. Page 2, line 17, by inserting after the word 14 "care;" the following: "and". 15 16. Page 2, by striking line 19, and inserting 16 the following: "patients." 17 17. Page 2, line 20, by striking the word "panel" 18 and inserting the following: "council". 19 18. Page 2, by striking line 21, and inserting 20 the following: "only be added to the listing 21 following adoption by rule by the council on human 22 services pursuant to chapter 17A." 23 19. Page 2, line 23, by striking the word "panel" 24 and inserting the following: "council". 25 20. Page 2, by striking lines 32 through 34 and 26 inserting the following: 27 "c. Include any recommendations of the drug 28 utilization review council in a notice of intended 29 action under chapter 17A." 30 21. Page 3, by striking lines 6 and 7, and 31 inserting the following: 32 "f. Provide administrative support to the drug 33 utilization review council. 34 8. Within the first quarter of the state fiscal 35 year beginning July 1, 1999, the drug utilization 36 review council shall conduct a review of all the drugs 37 for which prior authorization is required to determine 38 if the drugs should remain on the listing and shall 39 report its findings to the council on human services 40 and to the general assembly by December 1, 1999. The 41 drug utilization review council shall subsequently 42 conduct such an annual review within the first quarter 43 of the state fiscal year and shall report its findings 44 to the council on human services and to the general 45 assembly by October 1 of each fiscal year." 46 22. Page 3, line 11, by striking the word "July" 47 and inserting the following: "September". 48 23. Page 3, line 12, by striking the word "panel" 49 and inserting the following: "drug utilization review 50 council". Page 3 1 24. Title page, line 1, by striking the words 2 "prior authorization review panel" and inserting the 3 following: "utilization review council". 4 25. By renumbering as necessary. Heaton of Henry asked and received unanimous consent to withdraw amendment H-1334, to amendment H-1306, filed by him from the floor. Heaton of Henry offered the following amendment H?1341, to amendment H?1306, filed by him from the floor and moved its adoption: H-1341 1 Amend the amendment, H-1306, to House File 734 as 2 follows: 3 1. Page 1, line 4, by striking the word "COUNCIL" 4 and inserting the following: "COMMISSION". 5 2. Page 1, by striking lines 7 through 16 and 6 inserting the following: 7 ""1. The department shall continue to contract 8 with the peer review organization, with which the 9 department held a contract to carry out the duties of 10 the drug utilization review commission as of June 30, 11 1999, in order to carry out the duties of the 12 commission after that date. The meetings of the 13 commission are subject to chapter 21, including the 14 closed session provisions which allow the commission 15 to conduct closed sessions pursuant to section 21.5 16 for reasons including but not limited to matters of 17 client and provider confidentiality. A member of the 18 commission shall not receive any gift, as defined in 19 section 68B.2, from a manufacturer or agent of a 20 manufacturer of a drug or product which may be subject 21 to review by the commission. 22 2. The commission shall consist of the following 23 members:"" 24 3. Page 1, by striking lines 29 through 34 and 25 inserting the following: 26 " . Page 1, by striking lines 20 through 23 and 27 inserting the following: 28 "d. One institution-based pharmacist, designated 29 by the Iowa pharmacy association. 30 e. One community-based pharmacist, designated by 31 the Iowa pharmacy association."" 32 4. Page 1, by striking line 37 and inserting the 33 following: 34 ""3. The members of the commission shall"." 35 5. Page 1, by striking lines 40 through 50 and 36 inserting the following: 37 ""4. The members of the commission shall serve 38 three-year terms and shall not serve more than two 39 consecutive terms. The director of human services 40 shall ensure that commission membership meets the 41 requirements of sections 69.16 and 69.16A with regard 42 to original membership and subsequent membership. 43 Vacancies shall be filled by the original designating 44 organization and in the manner of the original 45 designation. Members of the commission shall receive 46 compensation as provided under the contract entered 47 into by the department pursuant to subsection 1"." 48 6. Page 2, line 3, by striking the word "council" 49 and inserting the following: "commission". 50 7. page 2, line 7, by striking the word "council" Page 2 1 and inserting the following: "commission". 2 8. Page 2, line 9, by striking the word "council" 3 and inserting the following: "commission". 4 9. Page 2, line 18, by striking the word 5 "council" and inserting the following: "commission". 6 10. Page 2, line 24, by striking the word 7 "council" and inserting the following: "commission". 8 11. Page 2, line 28, by striking the word 9 "council" and inserting the following: "commission". 10 12. Page 2, by striking lines 32 and 33. 11 13. Page 2, line 34, by striking the figure "8" 12 and inserting the following: ""8". 13 14. Page 2, line 36, by striking the word 14 "council" and inserting the following: "commission". 15 15. Page 2, line 41, by striking the word 16 "council" and inserting the following: "commission". 17 16. Page 2, line 50, by striking the word 18 "council" and inserting the following: "commission". 19 17. Page 3, by striking lines 1 through 3 and 20 inserting the following: 21 " . Title page, by striking lines 1 and 2, and 22 inserting the following: "An Act relating to the drug 23 utilization review commission and providing an"." Amendment H?1341 was adopted. Blodgett of Cerro Gordo moved the adoption of amendment H-1306, as amended. Amendment H?1306, as amended, was adopted. Heaton of Henry asked and received unanimous consent to withdraw amendment H-1175 filed by Heaton, et al., on March 23, 1999. Blodgett of Cerro Gordo moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 734) The ayes were, 52: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Cataldo Corbett, Spkr. Cormack Davis Dix Dolecheck Drake Eddie Gipp Greiner Grundberg Hahn Hansen Heaton Holmes Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Carroll, Presiding The nays were, 46: Bell Bukta Burnett Chapman Chiodo Cohoon Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Garman Hoffman Holveck Houser Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt Absent or not voting, 2: Connors Horbach 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 House File 734 be immediately messaged to the Senate. On motion by Siegrist of Pottawattamie, the House was recessed at 12:25 p.m., until 2:30 p.m. AFTERNOON SESSION The House reconvened at 2:35 p.m., Speaker Corbett in the chair. INTRODUCTION OF BILL House File 761, by committee on appropriations, a bill for an act relating to child care provisions administered by the department of human services and to the terminology used to describe child care, and including effective dates and applicability provisions. Read first time and placed on the appropriations calendar. SENATE MESSAGES CONSIDERED Senate File 179, by King, a bill for an act relating to requests and hearings for correction and expungement of child abuse information. Read first time and referred to committee on human resources. Senate File 192, by committee on judiciary, a bill for an act relating to open containers in motor vehicles and providing a penalty. Read first time and referred to committee on judiciary. Senate File 253, by committee on natural resources and environment, a bill for an act concerning reporting requirements for real estate conveyances relating to the identification of wells, disposal sites for solid waste, underground storage tanks, and hazardous waste, and providing an effective date. Read first time and referred to committee on environmental protection. HOUSE FILE 99 WITHDRAWN Kettering of Sac asked and received unanimous consent to withdraw House File 99 from further consideration by the House. CONSIDERATION OF BILLS Regular Calendar House File 351, a bill for an act relating to required conditions applying to agreements to provide private industry employment for inmates of correctional institutions, with report of committee recommending passage, was taken up for consideration. Horbach of Tama moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 351) The ayes were, 96: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Bradley Brauns Brunkhorst Bukta Burnett Carroll Chapman Chiodo Cohoon Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 1: Boggess Absent or not voting, 3: Cataldo Connors Heaton 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 351 be immediately messaged to the Senate. The House resumed consideration of House File 723, a bill for an act prohibiting the mistreatment of animals and providing for penalties, previously deferred on March 29, 1999. (Amendment H-1227 found on pages 913-917 of the House Journal, and amendment H-1274, to amendment H-1227, found on pages 918- 919 of the House Journal, pending.) Davis of Wapello asked and received unanimous consent to withdraw amendment H-1274, to amendment H-1227, filed by him on March 29, 1999. Mascher of Johnson offered amendment H?1307, to amendment H?1227, filed by Doderer of Johnson, et al., as follows: H-1307 1 Amend the amendment, H-1227, to House File 723, as 2 follows: 3 1. Page 1, by inserting after line 3 the 4 following: 5 " "Sec. ___. Section 708.2A, Code 1999, is amended 6 by striking subsections 2 through 5, and inserting the 7 following in lieu thereof: 8 1. A person who commits domestic abuse assault is 9 guilty of a class "D" felony. 10 Sec. ___. Section 708.2A, subsection 6, paragraph 11 a, Code 1999, is amended by striking the paragraph. 12 Sec. ___. Section 708.2A, subsection 6, paragraph 13 b, Code 1999, is amended to read as follows: 14 b. A person convicted of violatingsubsection415 this section shall be sentenced as provided under 16 section 902.9, subsection 4, committed to the custody 17 of the director of the department of corrections, and 18 shall be assessed a fine of at least seven hundred 19 fifty dollars. The person shall be denied parole or 20 work release until the person has served a minimum of 21 one year of the person's sentence. Notwithstanding 22 section 901.5, subsection 3, and section 907.3, 23 subsection 3, the person cannot receive a suspended or 24 deferred sentence or a deferred judgment; however, the 25 person sentenced shall receive credit for any time the 26 person was confined in a jail or detention facility 27 following arrest. 28 Sec. ___. Section 708.2A, subsection 9, Code 1999, 29 is amended to read as follows: 30 9.Inadditiontothemandatoryminimumtermof31confinementimposedbysubsection6,paragraph"a",32theThe court shall order a person convicted under 33subsection2or3this section to participate in a 34 batterers' treatment program as required under section 35 708.2B. In addition, as a condition of deferring 36 judgment or sentence pursuant to section 907.3, the 37 court shall order the person to participate in a 38 batterers' treatment program. The clerk of the 39 district court shall send a copy of the judgment or 40 deferred judgment to the judicial district department 41 of correctional services." 42 2. Page 5, by inserting after line 33 the 43 following: 44 " ___. Title page, line 1, by inserting before the 45 word "animals" the following: "persons and"." Cormack of Webster rose on a point of order that amendment H-1307, to amendment H-1227, was not germane. The Speaker ruled the point well taken and amendment H-1307, to amendment H-1227, not germane. Schrader of Marion asked for unanimous consent to suspend the rules to consider amendment H-1307. Objection was raised. Schrader of Marion moved to suspend the rules to consider amendment H-1307. Roll call was requested by Doderer of Johnson and Cormack of Webster. Rule 75 was invoked. On the question "Shall the rules be suspended to consider amendment H-1307, to amendment H-1227?" (H.F. 723) The ayes were, 77: Alons Arnold Baudler Bell Boal Boddicker Boggess Bukta Burnett Cataldo Chapman Chiodo Cohoon Davis Doderer Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greiner Grundberg Hansen Hoffman Holveck Horbach Huseman Huser Jacobs Jager Jenkins Jochum Kettering Klemme Kreiman Kuhn Larkin Larson Martin Mascher May Mertz Metcalf Mundie Murphy Myers Nelson^ O'Brien Osterhaus Parmenter Raecker Rants Reynolds Richardson Scherrman Schrader Shoultz Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Whitead Wise Witt The nays were, 21: Barry Blodgett Bradley Brauns Brunkhorst Carroll Cormack Dix Dolecheck Gipp Hahn Heaton Holmes Houser Johnson Lord Rayhons Siegrist Tyrrell Welter Mr. Speaker Corbett Absent or not voting, 2: Connors Millage The motion prevailed and the rules were suspended. Mascher of Johnson moved the adoption of amendment H-1307, to amendment H-1227. Amendment H?1307 was adopted. Davis of Wapello offered the following amendment H?1294, to amendment H?1227, filed by him and moved its adoption: H-1294 1 Amend the amendment, H-1227, to House File 723, as 2 follows: 3 1. Page 1, by striking lines 6 and 7. 4 2. Page 1, line 21, by inserting after the word 5 "causes" the following: "unjustified". 6 3. Page 1, by striking line 22, and inserting the 7 following: "suffering. A person is not guilty of 8 livestock abuse, if the person acts in a manner 9 consistent with customary". 10 4. Page 1, line 33, by striking the words "shall 11 immediately" and inserting the following: "may". 12 5. Page 1, line 34, by striking the figures and 13 word "717B.2 or 717B.3" and inserting the following: 14 "717.1A or 717.2". 15 6. By striking page 1, line 49 through page 2, 16 line 3, and inserting the following: "evidence of a 17 violation of section 717.1A or 717.2." 18 7. Page 2, by striking line 5 and inserting the 19 following: "there is a violation of section 717.1A or 20 717.2, a". 21 8. Page 2, by striking lines 36 through 39 and 22 inserting the following: "and may be taxed as court 23 costs." 24 9. By striking page 2, line 40, through page 3, 25 line 3, and inserting the following: 26 " ___. The person shall pay expenses". 27 10. Page 3, by striking lines 7 through 17. 28 11. Page 3, by striking lines 23 and 24. 29 12. Page 3, by striking lines 31 through 34 and 30 inserting the following: "an animalownedbyanother31person,inanymanner,includingintentionally32poisoningtheanimalmeans that causes unjustified 33 pain or suffering. A person is not guilty of animal 34 abuse, if the person acts in a manner consistent with 35 customary animal husbandry.Apersonguiltyofanimal36abuseisguilty". 37 13. Page 4, line 4, by striking the words "shall 38 immediately" and inserting the following: "may". 39 14. Page 4, by striking lines 20 through 23 and 40 inserting the following: "evidence of a violation of 41 section 717B.2 or 717B.3". 42 15. Page 5, by striking lines 2 through 5 and 43 inserting the following: "and may be taxed as court 44 costs." 45 16. Page 5, lines 6 and 7, by striking the words 46 "an animal or any livestock" and inserting the 47 following: "any animal". 48 17. Page 5, line 9, by striking the word "five" 49 and inserting the following: "three". 50 18. Page 5, by striking lines 17 through 19 and Page 2 1 inserting the following: 2 " ___. The person shall pay expenses". 3 19. Page 5, line 25, by striking the words "all 4 animals or livestock" and inserting the following: 5 "each animal". 6 20. Page 5, line 27, by striking the words 7 "animals or livestock have" and inserting the 8 following: "animal has". 9 21. Page 5, line 28, by striking the figure and 10 word "717.5 or". 11 22. Page 5, line 29, by striking the words 12 "animals or livestock" and inserting the following: 13 "animal". 14 23. Page 5, line 31, by striking the words 15 "Animals or livestock which are" and inserting the 16 following: "An animal which is". 17 24. By renumbering as necessary. Amendment H?1294 was adopted. Warnstadt of Woodbury asked and received unanimous consent to withdraw amendment H-1295, to amendment H-1227, filed by him on March 30, 1999. Cormack of Webster moved the adoption of amendment H-1227, as amended. Amendment H-1227, as amended, was adopted. Gipp of Winneshiek in the chair at 3:43 p.m. Davis of Wapello moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 723) The ayes were, 64: Bell Blodgett Boal Bradley Brauns Bukta Burnett Cataldo Chiodo Cohoon Cormack Davis Dix Doderer Dotzler Falck Foege Ford Frevert Greiner Grundberg Hansen Holveck Horbach Jacobs Jager Jenkins Jochum Kuhn Larkin Larson Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Reynolds Richardson Scherrman Schrader Siegrist Stevens Sukup Sunderbruch Taylor Thomas Thomson Van Fossen Warnstadt Weigel Whitead Wise Witt Gipp, Presiding The nays were, 35: Alons Arnold Barry Baudler Boddicker Boggess Brunkhorst Carroll^ Chapman Corbett, Spkr. Dolecheck Drake Drees Eddie Fallon Garman Hahn Heaton Hoffman Holmes Houser Huseman Huser Johnson Kettering Klemme Kreiman Lord Rayhons Shoultz Teig Tyrrell Van Engelenhoven Weidman Welter Absent or not voting, 1: Connors The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. Speaker Corbett in the chair at 4:26 p.m. LEAVE OF ABSENCE Leave of absence was granted as follows: Sukup of Franklin, for the remainder of the day, on request of Siegrist of Pottawattamie. House File 693, a bill for an act relating to the offense of operating a watercraft while intoxicated and providing penalties and other related matters, was taken up for consideration. Jager 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. Rule 75 was invoked. On the question "Shall the bill pass?" (H.F. 693) The ayes were, 49: Alons Barry Baudler Bell Boal Boggess Brauns Bukta Burnett Cormack Davis Dix Doderer Falck Fallon Foege Ford Frevert Grundberg Hansen Hoffman Holmes Holveck Jacobs Jager Jenkins Klemme Kreiman Kuhn Larson Lord Martin^ Mascher Mertz Millage Mundie Myers O'Brien Parmenter Raecker Rants Reynolds Siegrist Stevens Sunderbruch Thomson Warnstadt Witt Mr. Speaker Corbett The nays were, 48: Arnold Blodgett Boddicker Bradley Brunkhorst Carroll Cataldo Chapman Chiodo Cohoon Dolecheck Dotzler Drake Drees Eddie Garman Gipp Greiner Hahn Heaton Horbach Houser Huseman Huser Jochum Johnson Kettering Larkin May Metcalf Murphy Nelson Osterhaus Rayhons Richardson Scherrman Schrader Shoultz Taylor Thomas Tyrrell Van Engelenhoven Van Fossen Weidman Weigel Welter Whitead Wise Absent or not voting, 3: Connors Sukup Teig The bill having failed to receive a constitutional majority was declared to have failed to pass the House. The House resumed consideration of House File 683, a bill for an act relating to mediation services related to custody, visitation, and support of a child, previously deferred. RULE 31.8 SUSPENDED Boddicker of Cedar asked and received unanimous consent to suspend Rule 31.8, relating to the timely filing of amendments, for consideration of amendment H-1356 filed by him from the floor as follows: H-1356 1 Amend House File 683 as follows: 2 1. Page 3, by inserting after line 32, by 3 following: 4 "10. The court administrators shall coordinate the 5 provision of mediation services under this section." 6 2. By renumbering as necessary. On motion by Boddicker of Cedar amendment H-1356 was adopted. RULE 31.8 SUSPENDED Chapman of Linn asked and received unanimous consent to suspend Rule 31.8, relating to the timely filing of amendments, for consideration of amendment H-1357 filed by her from the floor as follows: H-1357 1 Amend House File 683 as follows: 2 1. Page 4, by striking lines 12 and 13. On motion by Chapman of Linn amendment H-1357 was adopted. 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?" (H.F. 683) The ayes were, 84: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Carroll Cataldo Chiodo Cohoon Cormack Davis Dix Dolecheck Drake Drees Eddie Falck Fallon Ford Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Raecker Rants Rayhons Reynolds Richardson Scherrman Siegrist Stevens Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 12: Burnett Chapman Doderer Dotzler Foege Frevert Holveck Kreiman Parmenter Schrader Shoultz Weigel Absent or not voting, 4: Connors Garman Huser Sukup 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 683 be immediately messaged to the Senate. LEAVE OF ABSENCE Leave of absence was granted as follows: Cataldo of Polk, for the remainder of the day, on request of Schrader of Marion. 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 March 31, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 743, a bill for an act relating to the establishment of an Iowa early intervention block grant program, providing for a school improvement technology block grant program, and making appropriations. Also: That the Senate has on March 31, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 462, a bill for an act relating to veterans' benefits, veterans preference, veterans' claims, reimbursement for military service tax exemption, and providing a penalty and applicability date. Also: That the Senate has on March 31, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 463, a bill for an act exempting property owned and operated by an Indian housing authority from property tax and including an effective date. MICHAEL E. MARSHALL, Secretary Appropriations Calendar House File 745, a bill for an act appropriating funds to the department of economic development, certain board of regents institutions, the department of workforce development, and the public employment relations board, making related statutory changes, and providing an effective date, was taken up for consideration. The House stood at ease at 5:52 p.m., until the fall of the gavel. The House resumed session at 6:15 p.m., Speaker Corbett in the chair. Heaton of Henry asked and received unanimous consent to withdraw amendment H-1269 filed by him on March 26, 1999. Boggess of Taylor offered the following amendment H?1270 filed by Gipp of Winneshiek and moved its adoption: H-1270 1 Amend House File 745 as follows: 2 1. Page 1, by striking lines 16 and 17 and 3 inserting the following: 4 " $ 1,754,984 5 FTEs 25.75" 6 2. Page 2, by striking lines 5 and 6 and 7 inserting the following: 8 " $ 452,252 9 FTEs 5.00" 10 3. Page 3, line 3, by striking the words "The 11 department" and inserting the following: "Upon 12 enactment, the department". 13 4. Page 3, by inserting after line 12 the 14 following: "The department may expend up to $150,000 15 from the strategic investment fund to enhance or 16 upgrade the human resource recruitment web site." 17 5. Page 4, by striking lines 12 and 13 and 18 inserting the following: 19 " $ 848,038 20 FTEs 10.50" Amendment H?1270 was adopted. Stevens of Dickinson offered the following amendment H?1255 filed by him and moved its adoption: H-1255 1 Amend House File 745 as follows: 2 1. Page 1, by striking line 29 and inserting the 3 following: 4 " $ 4,345,209" 5 2. Page 1, line 31, by striking the figure 6 "$350,000" and inserting the following: "$700,000". Amendment H?1255 was adopted. Boggess of Taylor asked and received unanimous consent to withdraw amendment H-1284 filed by her on March 29, 1999. Murphy of Dubuque asked and received unanimous consent that amendment H-1264 be deferred. Warnstadt of Woodbury offered the following amendment H?1286 filed by him and moved its adoption: H-1286 1 Amend House File 745 as follows: 2 1. Page 2, by inserting after line 34 the 3 following: "The department shall transfer $50,000 of 4 the moneys appropriated under this paragraph "e" to 5 the tourism division to be used for purposes of 6 planning and coordinating with local and state 7 agencies, other states, and the federal national parks 8 service, to administer activities and programs leading 9 up to and through the celebrating of the Lewis and 10 Clark bicentennial of 2003 through 2006." Amendment H?1286 lost. Holveck of Polk offered the following amendment H?1252 filed by him and moved its adoption: H-1252 1 Amend House File 745 as follows: 2 1. Page 4, by striking lines 14 through 18. Amendment H?1252 lost. Jenkins of Black Hawk offered the following amendment H?1254 filed by him and Dotzler of Black Hawk and moved its adoption: H-1254 1 Amend House File 745 as follows: 2 1. Page 11, by striking line 18 and inserting the 3 following: 4 " $ 746,591" Amendment H?1254 was adopted. Reynolds of Van Buren offered the following amendment H?1251 filed by Reynolds, et al., and moved its adoption: H-1251 1 Amend House File 745 as follows: 2 1. Page 11, by striking lines 30 and 31 and 3 inserting the following: 4 " $ 3,113,983 5 FTEs 98.00" Roll call was requested by Reynolds of Van Buren and Siegrist of Pottawattamie. On the question "Shall amendment H-1251 be adopted?" (H.F. 745) The ayes were, 42: Bell Bukta Burnett Chapman Chiodo Cohoon Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 53: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson^ Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett Absent or not voting, 5: Cataldo Connors Grundberg Hahn Sukup Amendment H?1251 lost. Reynolds of Van Buren offered the following amendment H?1253 filed by her and moved its adoption: H-1253 1 Amend House File 745 as follows: 2 1. Page 11, by striking lines 30 and 31 and 3 inserting the following: 4 " $ 3,271,708 5 FTEs 99.00" Roll call was requested by Holveck of Polk and Rants of Woodbury. On the question "Shall amendment H-1253 be adopted?" (H.F. 745) The ayes were, 41: Bell Bukta Burnett Chapman Chiodo Cohoon Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 54: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Carroll^ Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Grundberg Hahn Hansen Heaton Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett Absent or not voting, 5: Cataldo Connors Doderer Hoffman Sukup Amendment H-1253 lost. Boggess of Taylor offered the following amendment H?1324 filed by her and moved its adoption: H-1324 1 Amend House File 745 as follows: 2 1. Page 12, line 7, by striking the words 3 "industrial services" and inserting the following: 4 "workers' compensation". Amendment H?1324 was adopted. Dotzler of Black Hawk offered the following amendment H?1256 filed by him and moved its adoption: H-1256 1 Amend House File 745 as follows: 2 1. Page 13, by striking lines 19 through 25 and 3 inserting the following: "the state." Amendment H?1256 lost. Frevert of Palo Alto offered amendment H?1289 filed by her and Scherrman of Dubuque as follows: H-1289 1 Amend House File 745 as follows: 2 1. Page 16, by inserting after line 24 the 3 following: 4 "Sec. 100. Section 12.34, Code 1999, is amended to 5 read as follows: 6 12.34 LINKED INVESTMENTS - LIMITATIONS - RULES 7 - MATURITY AND RENEWAL OF CERTIFICATES. 8 1. The treasurer of state may invest up to the 9 lesser ofsixty-eightone hundred fifty million 10 dollars or ten percent of the balance of the state 11 pooled money fund in certificates of deposit in 12 eligible lending institutionspursuanttoas provided 13 in this division. The moneys invested pursuant to 14 this section shall be used as follows: 15 a. The treasurer of state may invest the first 16 sixty-eight million dollars to support programs 17 provided in this division other than the emergency 18 assistance linked deposit program for swine or cattle 19 producers provided in section 12.43A. 20 b. The treasurer of state shall invest the 21 remaining amount to support the emergency assistance 22 linked deposit program for swine or cattle producers 23 as provided in section 12.43A. The treasurer of state 24 shall not make the investment unless a market 25 emergency exists. If a market emergency exists, the 26 treasurer of state shall make the investment 27 immediately. For purposes of this paragraph, a market 28 emergency exists as follows: 29 (1) For swine, a market emergency exists when the 30 market price paid in this state and southern Minnesota 31 for swine per hundredweight on a live basis is less 32 than thirty dollars for thirty consecutive days, 33 according to market news reports published by the 34 agricultural marketing service of the United States 35 department of agriculture. 36 (2) For cattle, a market emergency exists when the 37 market price paid in the midwest and high plains 38 states for cattle per hundredweight on a live basis is 39 less than fifty-six dollars for thirty consecutive 40 days, according to market news reports published by 41 the agricultural marketing service of the United 42 States department of agriculture. 43 2. The treasurer of state shall adopt rules 44 pursuant to chapter 17A to administer this division. 45 The treasurer of state shall consult with the 46 department of agriculture and land stewardship in 47 adopting rules for the administration of the emergency 48 assistance linked deposit program for swine or cattle 49 producers. 50 3. Certificates of deposit placed by the treasurer Page 2 1 of state on or after July 1, 1996, pursuant to this 2 division may be renewed at the option of the treasurer 3 of state. The initial certificate of deposit for a 4 given borrower shall have a maturity of one year and 5 may be renewed for eight additional one-year periods. 6 Sec. 101. NEW SECTION. 12.43A EMERGENCY 7 ASSISTANCE LINKED DEPOSIT PROGRAM FOR SWINE OR CATTLE 8 PRODUCERS. 9 1. As used in this section, unless the context 10 otherwise requires: 11 a. "Actively engaged in farming" means the same as 12 defined in section 10.1. 13 b. "Farming" means the same as defined in section 14 9H.1. 15 2. The treasurer of state shall adopt rules to 16 implement an emergency assistance linked deposit 17 program for swine or cattle producers. The purpose of 18 the program is to increase the availability of lower 19 cost loans to provide emergency financial assistance 20 to farmers threatened with financial calamity due to 21 the market price of swine or cattle. 22 3. The loan shall be subject to all of the 23 following: 24 a. In order to qualify as an eligible borrower, 25 all of the following must apply: 26 (1) The applicant must be a resident of this 27 state. 28 (2) The applicant for the loan must be actively 29 engaged in farming in this state. 30 (3) If the market emergency exists because of the 31 market price paid for swine, the applicant must not 32 have marketed more than five thousand swine during the 33 last twelve months. If the market emergency exists 34 because of the market price paid for cattle, the 35 applicant must not have marketed more than one 36 thousand cattle during the last twelve months. 37 (4) If the market emergency exists because of the 38 market price paid for swine, the applicant must not 39 have provided for the care and feeding of swine under 40 contract. If the market emergency exists because of 41 the market price paid for cattle, the applicant must 42 not have provided for the care and feeding of cattle 43 under contract. 44 (5) The applicant must not have received a loan 45 under this program during the previous twelve months. 46 b. The purpose of the loan must be used to support 47 farming operations on an emergency basis, and may be 48 used to refinance existing debt. 49 4. The maximum loan amount that an eligible 50 borrower may receive under this program is one hundred Page 3 1 thousand dollars." 2 2. Page 17, by inserting after line 14 the 3 following: 4 "3. Sections 100 and 101, relating to linked 5 investments." 6 3. By renumbering as necessary. Millage of Scott rose on a point of order that amendment H-1289 was not germane. The Speaker ruled the point well taken and amendment H-1289 not germane. Frevert of Palo Alto asked for unanimous consent to suspend the rules to consider amendment H-1289. Objection was raised. Frevert of Palo Alto moved to suspend the rules to consider amendment H-1289. Roll call was requested by Murphy of Dubuque and Shoultz of Black Hawk. Rule 75 was invoked. On the question "Shall the rules be suspended to consider amendment H-1289?" (H.F. 745) The ayes were, 42: Bell Bukta Burnett Chapman Chiodo Cohoon Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Klemme Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 54: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett Absent or not voting, 4: Cataldo Connors Doderer Sukup The motion to suspend the rules lost. Weigel of Chickasaw offered the following amendment H?1263 filed by him and moved its adoption: H-1263 1 Amend House File 745 as follows: 2 1. Page 17, by striking line 7 and inserting the 3 following: "sex, physical disability, familial 4 status, or population if the applicant is a 5 municipality." Amendment H?1263 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Doderer of Johnson on request of Jochum of Dubuque. Metcalf of Polk asked and received unanimous consent to withdraw amendment H-1273 filed by her on March 26, 1999. The House resumed consideration of amendment H-1264, previously deferred, as follows: H-1264 1 Amend House File 745 as follows: 2 1. Page 2, by striking line 33 and inserting the 3 following: 4 " $ 6,712,345" Murphy of Dubuque asked and received unanimous consent to withdraw amendment H-1288, to amendment H-1264, filed by him on March 29, 1999. Murphy of Dubuque asked and received unanimous consent to withdraw amendment H-1300, to amendment H-1264, filed by him and Jochum of Dubuque on March 30, 1999. Murphy of Dubuque offered the following amendment H?1364, to amendment H-1264, filed by him and Jochum of Dubuque from the floor, and moved its adoption: H-1364 1 Amend the amendment, H-1264, to House File 745 as 2 follows: 3 1. Page 1, by striking line 4 and inserting the 4 following: 5 "" $ 6,196,174 6 . Page 2, by inserting after line 34 the following: 7 "The department shall allocate $200,000 from the moneys 8 appropriated under this paragraph "e" for a child care facility 9 assistance program. The program shall provide loans and grants 10 for the construction, expansion, or renovation of child care 11 centers licensed pursuant to section 237A.2. The department, in 12 consultation with the department of human services and the 13 department of workforce development, shall adopt rules pursuant 14 to chapter 17A to administer this program."" Amendment H?1364 was adopted. Murphy of Dubuque moved the adoption of amendment H-1264, as amended. Amendment H-1264 lost. Boggess of Taylor moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 745) The ayes were, 91: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Chapman Chiodo Cohoon Cormack Davis Dix Dolecheck Dotzler Drake Eddie Falck Foege Ford Frevert Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 5: Drees Fallon Garman Kreiman Millage Absent or not voting, 4: Cataldo Connors Doderer Sukup The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 297 WITHDRAWN Boddicker of Cedar asked and received unanimous consent to withdraw House File 297 from further consideration by the House. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 745 be immediately messaged to the Senate. On motion by Siegrist of Pottawattamie the House adjourned at 8:10 p.m., until 9:30 a.m., Thursday, April 1, 1999. 994 JOURNAL OF THE HOUSE 80th Day 80th Day WEDNESDAY, MARCH 31, 1999 995
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