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Eighty-seventh Calendar Day - Fifty-fifth Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, April 7, 1999 The House met pursuant to adjournment at 8:50 a.m., Gipp of Winneshiek in the chair. Prayer was offered by Reverend Lawrence R. Hoffman, pastor of St. Anthony's Catholic Church, Des Moines. The Journal of Tuesday, April 6, 1999 was approved. PETITION FILED The following petition was received and placed on file: By Kuhn of Floyd, from one hundred eight constituents of House district 29 favoring a fuel quality standard in Iowa. SPECIAL PRESENTATION Van Engelenhoven of Mahaska presented to the House from the Speaker's station, Elizabeth Schepel, Queen of the 1999 Pella Tulip Festival. Queen Elizabeth Schepel presented her attendants, Lindsey Kraayenbrink, Amy Steenhoek, Jessica Van Ee and Rachel Henderson. Also present from Pella were the parents of the Queen and her court, and sponsors Sue Brandl and Lois Vermeer. They wore native Dutch costumes and distributed the famous Pella Dutch cookies. Queen Schepel addressed the House briefly. The court presented a song honoring "Pella's Tulip Festival" and invited everyone to attend the Pella Tulip festival May 6, 7 and 8th, 1999. They also sang a special Dutch birthday song to Emily Raecker, daughter of the Honorable Scott Raecker, state representative from Polk County. The House rose and expressed its welcome. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 6, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 468, a bill for an act relating to and making appropriations to the justice system and providing effective dates. MICHAEL E. MARSHALL, Secretary The House stood at ease at 9:03 a.m., until the fall of the gavel. The House resumed session at 11:12 a.m., Gipp of Winneshiek in the chair. SENATE MESSAGE CONSIDERED Senate File 468, by committee on appropriations, a bill for an act relating to and making appropriations to the justice system and providing effective dates. Read first time and referred to committee on appropriations. LEAVE OF ABSENCE Leave of absence was granted as follows: Holveck of Polk, until his arrival, on request of Schrader of Marion; Speaker Corbett on request of Siegrist of Pottawattamie. CONSIDERATION OF BILLS Unfinished Business Calendar House File 650, a bill for an act relating to the taking of muskrats by colony trap, was taken up for consideration. SENATE FILE 265 SUBSTITUTED FOR HOUSE FILE 650 Baudler of Adair asked and received unanimous consent to substitute Senate File 265 for House File 650. Senate File 265, a bill for an act relating to the taking of muskrats by colony trap, was taken up for consideration. Baudler of Adair 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. 265) The ayes were, 91: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Cohoon Cormack Davis Dix Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Huser Jacobs 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 Gipp, Presiding The nays were, 1: Witt Absent or not voting, 8: Chapman Connors Corbett, Spkr. Doderer Greiner Holveck Jager Jenkins The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 650 WITHDRAWN Baudler of Adair asked and received unanimous consent to withdraw House File 650 from further consideration by the House. Regular Calendar Senate File 55, a bill for an act to legalize the transfer of certain property by the joint county system of Black Hawk and Buchanan counties to the Independence community school district, and providing an effective date, with report of committee recommending passage, was taken up for consideration. Kettering of Sac 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. 55) The ayes were, 95: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Cohoon Cormack Davis Dix Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes 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 Gipp, Presiding The nays were, none. Absent or not voting, 5: Chapman Connors Corbett, Spkr. Doderer Holveck The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Unfinished Business Calendar House File 516, a bill for an act updating the Iowa Code references to the Internal Revenue Code, extending the loss carryback period for farm net operating losses, providing certain tax credits to estates and trusts, and providing an effective date and a retroactive applicability date, was taken up for consideration. SENATE FILE 230 SUBSTITUTED FOR HOUSE FILE 516 Hoffman of Crawford asked and received unanimous consent to substitute Senate File 230 for House File 516. Senate File 230, a bill for an act updating the Iowa Code references to the Internal Revenue Code, extending the loss carryback period for farm net operating losses, providing certain tax credits to estates and trusts, and providing an effective date and a retroactive applicability date, was taken up for consideration. Holmes of Scott offered the following amendment H?1425 filed by Holmes, et al., and moved its adoption: H-1425 1 Amend Senate File 230, as passed by the Senate, as 2 follows: 3 1. Page 4, by inserting after line 10 the 4 following: 5 "Sec. . Section 422.33, Code 1999, is amended 6 by adding the following new subsection: 7 NEW SUBSECTION. 9. The taxes imposed under this 8 division shall be reduced by a franchise tax credit. 9 A taxpayer who is a shareholder in a financial 10 institution, as defined in section 581 of the Internal 11 Revenue Code, which has in effect for the tax year an 12 election under subchapter S of the Internal Revenue 13 Code shall compute the amount of the tax credit by 14 recomputing the amount of tax under this division by 15 reducing the taxable income of the taxpayer by the 16 taxpayer's pro rata share of the items of income and 17 expense of the financial institution. This recomputed 18 tax shall be subtracted from the tax computed under 19 this division and the resulting amount, which shall 20 not exceed the taxpayer's pro rata share of franchise 21 tax paid by the financial institution, is the amount 22 of the franchise tax credit allowed." 23 2. Title page, line 4, by inserting after the 24 word "trusts," the following: "providing a franchise 25 tax credit to certain taxpayers,". Amendment H?1425 was adopted. Hoffman of Crawford 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. 230) The ayes were, 92: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Cohoon Cormack Davis Dix Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greiner Hahn Heaton Hoffman Holmes 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 Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Gipp, Presiding The nays were, none. Absent or not voting, 8: Chapman Connors Corbett, Spkr. Doderer Grundberg Hansen Holveck Schrader The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. HOUSE FILE 516 WITHDRAWN Hoffman of Crawford asked and received unanimous consent to withdraw House File 516 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: Senate Files 265, 55 and 230. Regular Calendar Senate File 68, a bill for an act relating to counties included in the mid-America port commission, with report of committee recommending passage, was taken up for consideration. SPECIAL PRESENTATION Hoffman of Crawford presented to the House the Honorable Don Gries, former state representative from Crawford County, and his wife Dorothy. The House rose and expressed its welcome. Hahn of Muscatine moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 68) The ayes were, 94: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Cohoon Cormack Davis Dix Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes 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 Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Gipp, Presiding The nays were, none. Absent or not voting, 6: Chapman Connors Corbett, Spkr. Doderer Holveck Tyrrell The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 163 WITHDRAWN Wise of Lee asked and received unanimous consent to withdraw House File 163 from further consideration by the House. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 68 be immediately messaged to the Senate. On motion by Siegrist of Pottawattamie, the House was recessed at 11:45 a.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 1:02 p.m., Eddie of Buena Vista in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed seventy members present and thirty absent. Gipp of Winneshiek in the chair at 1:08 p.m. HOUSE FILE 253 WITHDRAWN Jacobs of Polk asked and received unanimous consent to withdraw House File 253 from further consideration by the House. CONSIDERATION OF BILLS Ways and Means Calendar Senate File 176, a bill for an act relating to the elimination of investment counseling as a taxable service under the state sales and use taxes, with report of committee recommending passage, was taken up for consideration. Boal of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 176) The ayes were, 68: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Brauns Brunkhorst Bukta Carroll Chiodo Cohoon Cormack Davis Dix Dolecheck Dotzler Drake Drees Eddie Falck Garman Hahn Hansen Heaton Hoffman Holmes Horbach Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Kreiman Larkin Larson Lord Martin May Mertz Metcalf Millage Mundie Nelson O'Brien Raecker Rants Rayhons Reynolds Schrader Siegrist Stevens Sukup Sunderbruch Teig Thomas Thomson Tyrrell Van Fossen Warnstadt Weidman Welter Gipp, Presiding The nays were, 23: Bradley Burnett Doderer Foege Ford Frevert Greiner Huser Jochum Kuhn Mascher Murphy Myers Osterhaus Parmenter Richardson Scherrman Shoultz Taylor Van Engelenhoven Whitead Wise Witt Absent or not voting, 8: Cataldo Chapman Connors Corbett, Spkr. Fallon Grundberg Holveck Houser Under the provision of Rule 76, conflict of interest, Weigel of Chickasaw refrained from voting. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Regular Calendar Senate File 264, a bill for an act relating to the regulatory authority of the natural resource commission on the Sac and Fox tribe of the Mississippi in Iowa settlement in Tama county, with report of committee recommending passage, was taken up for consideration. Dotzler 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. On the question "Shall the bill pass?" (S.F. 264) The ayes were, 95: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Cohoon Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Garman Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes 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 Gipp, Presiding The nays were, none. Absent or not voting, 5: Chapman Connors Corbett, Spkr. Fallon Holveck The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 176 and 264. Senate File 67, a bill for an act relating to the assessment of civil damages for the illegal taking of a swan or a crane, with report of committee recommending passage, was taken up for consideration. Baudler of Adair 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. 67) The ayes were, 89: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Cohoon Connors Cormack Davis Dix Doderer Dolecheck Drake Drees Eddie Foege Ford Frevert Garman Hahn Hansen Heaton Hoffman Holmes Houser Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin 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 Gipp, Presiding The nays were, none. Absent or not voting, 11: Chapman Corbett, Spkr. Dotzler Falck Fallon Greiner Grundberg Holveck Horbach Huseman Larson 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 67 be immediately messaged to the Senate. Unfinished Business Calendar House File 760, 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, was taken up for consideration. Siegrist of Pottawattamie asked and received unanimous consent that House File 760 be deferred and that the bill retain its place on the calendar. COMMITTEE TO NOTIFY THE SENATE Boal of Polk moved that a committee of three be appointed to notify the Senate that the House was ready to receive it in joint convention. The motion prevailed and the Speaker appointed as such committee, Boal of Polk, Horbach of Tama and Parmenter of Story. Boal, chair of the committee appointed to notify the Senate that the House was ready to receive it in joint convention, reported the committee had performed its duty. The report was received and the committee discharged. The Sergeant-at-Arms announced the arrival of the President of the Senate, the Secretary of the Senate and the honorable body of the Senate. The President was escorted to the Speaker's station; the Secretary to the Chief Clerk's desk and the members of the Senate were seated in the House chamber. JOINT CONVENTION PIONEER LAWMAKERS FIFTY-FIFTH BIENNIAL SESSION In accordance with Senate Concurrent Resolution 6 duly adopted, the joint convention was called to order, President Kramer presiding. President Kramer announced a quorum present and the joint convention duly organized. Senator Hedge of Mahaska moved that a committee of four be appointed to escort the Pioneer Lawmakers into the House chamber. The motion prevailed and the President appointed as such committee Senator Lamberti of Polk and Senator Flynn of Dubuque on the part of the Senate, and Representative Weidman of Cass and Representative Reynolds of Van Buren, on the part of the House. The committee escorted the Pioneer Lawmakers into the House chamber. President Kramer presented Senator Donald Redfern, President pro tempore of the Senate, who welcomed the Pioneer Lawmakers on behalf of the Senate. President Kramer presented Representative Christopher Rants, Speaker pro tempore of the House, who welcomed the Pioneer Lawmakers on behalf of the House of Representatives. President Kramer presented the Honorable Richard Drake, member of the Senate who responded to the welcome. The Honorable Richard Drake announced the 1979 class of legislators who were eligible to become members of the Pioneer Lawmakers. Honorary members of the 1999 class were the following: Virgil Deering, Edward Failor, James Flansburg and Serge Garrison. The Honorable Richard Drake presented Dave Yepsen, Chief Political Writer for the Des Moines Register, who addressed the joint convention as follows: Madame President, Mr. Speaker, Pioneer Lawmakers, Ladies and Gentlemen of the Iowa General Assembly: Thank you for inviting me to address the Pioneer Lawmakers session of the Legislature. When Senator Drake asked me if I would make a few remarks to the Pioneer Lawmakers session, I said I surely would and was honored that he asked. But I also asked if he had the votes to get that motion approved. After all, many of you hear more from me on Monday morning than you really care to. Senator Drake replied, "Haven't you ever been to a transportation committee meeting?" Well, yes, I replied. They're fun to cover if you're up at that hour or don't blink. "Then you know I've got the votes," he said. "Just keep it short." So thank you Senator for the invitation. In that spirit, I'll proceed. Far be it from me to do anything to impede the adjournment of this session. What was it you promised, Representative Siegrist - April 23? This is actually the second time I have addressed the Iowa General Assembly. The first time, in June, 1967, I was the 17-year old governor of the American Legion Boys State program. They weren't in too good of a mood, mired in a June session as they were. I told them they should lower the voting age. They didn't. And legislators haven't taken my suggestions since, so I'll not preach any here today. However, my work has been acknowledged frequently from the floor of each chamber although not always in flattering terms. I was recognized once by Representative Doderer. Fourteen years ago this month she rose on a point of personal privilege to say this was an important day for Iowa women. Everyone looked around the chamber to ask what was going on. She said, "David Yepsen's wife just had a baby girl and that's going to make him a whole lot more sensitive to the needs of Iowa women than he's been." Well, I want to report, Representative Doderer, that Elizabeth's teachers have given her the tests and find she has a "slightly liberal" political philosophy. I told Governor Vilsack that, and he said tell your wife she's doing a good job raising your daughter. To the point here today, my friend John Flannery out in the lobby is fond of telling me that this place is really just one big family. We've all got our roles to play as members, as staff, as reporters, doorkeepers, clerks, secretaries or lobbyists or pages. We work, fight, celebrate and commiserate together. Like it or not, for several months out of the year we're all thrown together into this hothouse atmosphere where we all play that part and try to do the right things for the people of Iowa. I tell John I think he's right because you don't get to choose all the members of your real family either. Sometimes our family roles conflict. Most of you understand the press has a watchdog role to play in our society. But you still don't like it when we write those stories about campaign finance, ethics or secrecy in government. But that's our job. But John's on to something. Regardless of the role we play in this statehouse family, we all come here with a fierce love of Iowa and a desire to make it better. It's a trait that has gone on in these halls for over 100 years and if Senator Jensen has his way, it'll go on here in a newly restored capitol for another 100 years. In fact, it may take 100 years to complete the restoration. For decades, men and women from all walks of life have come to this building to serve Iowa. Most of us could be making more money doing something else. Most make personal, financial and family sacrifices to be here. All of us have had the unpleasant experience of calling a spouse or loved one to tell them we won't be home for dinner that night or have to work this weekend. If it weren't for their understanding many couldn't work here. So on this day of remembrances, I'd like to acknowledge your families at home who put up with so much to enable you to be here. We overlook them too often. There are also lots of hidden stories in this statehouse family that really never get told. Like the members who helped one another through tough financial times, or help a colleague fight an alcohol problem or console one another in time of trouble. Some great battles have been fought on this floor. But some lifelong friendships have been formed here too and today's the day we renew those friendships and forget the fights. It's a story we don't often write because they're private matters. But they're no less real and it's why all of us are saying our prayers for Stew and Jean Iverson right now. I have noticed over the years there are family rituals to this place and Pioneer Lawmakers is one of them. Every two years we get together to honor the family elders - those members who came here twenty years ago and to remember those members who have passed away. This year, we honor the Class of 1979 - those lawmakers who were first elected in 1978. That was just a year after I was assigned to cover the statehouse. It seems like yesterday I was walking into the building and thinking what a beautiful but intimidating place this was. I think most of us can recall a similar memory of our first day walking into this capitol to go to work, whatever our job. We were all newcomers to the family and, truth be told, we are all honored to come to work each day. I succeeded Jim Flansburg who had succeeded George Mills. They passed on a lot of advice - like: - "Watch the code editor's bill. Laverne Schroeder repealed the whole state housing code one year in that bill." - And "it isn't really tea that Jimmy Briles has in his cup on the last night of the session." - "Watch the IPERS bill to see if there's still someone in Boone County who Jack Nystrom hasn't got covered." - "In 20 years, you'll figure out what really went on." Which is why I'm looking forward today to finding out what deals really were cut in that usury debate of twenty years ago. - Or, debate will always be long-winded when it's a bill everyone understands and short when they don't understand it. So we all know we're in for a long afternoon when there's a bill about dove hunting, fences or farm pickup trucks. - Or don't go out with Ed Jones at night if you have to be functional the next day. 1978 was an important election in the country and in Iowa. It was a harbinger election that foretold the sweeping change coming in the 1980 election. In Iowa, Democratic U.S. Senator Dick Clark was upset by Roger Jepsen. It was a stunning upset, caused as many Catholic and evangelical voters left the Democratic party over the abortion issue. For the most part, they have not returned and the shape of politics has been different ever since. The change in politics was affirmed in 1980 by the Reagan landslide, an election that fundamentally changed the nation's philosophy toward government. The change rippled through legislative politics, too. Democrats who had won the Legislature during the Watergate era lost it to the Republicans in 1978. The GOP control would be short-lived, thanks to the farm crisis of the 1980s that made Democrats out of many rural voters. The only good news for Democrats that year was the election of Tom Miller as Iowa's new attorney general. He defeated the eminently quotable Richard Turner, who was always a reporter's best friend on a slow news day. Bob Ray won yet another term as governor, defeating Jerry Fitzgerald. Lieutenant Governor Art Neu retired from that job, having grown tired of waiting around for Ray to leave his job. That enabled an unknown state representative named Terry Branstad to win the Lieutenant Governorship and we just all knew that little guy was going nowhere in Iowa politics. A new generation of leaders emerged that year. Lowell Junkins became minority leader in the Iowa Senate. Cal Hultman became majority leader. Those two have proven that there really is life after the Legislature and it's often quite profitable, too. What the election of 1978 illustrated was something that is still true today. Iowa has a healthy, vigorous two-party system. The two parties in Iowa compete hard with one another for the support of Iowans. When that competition turns nasty we're all losers. But when that competition turns positive as each side tries to outdo the other by offering the best candidates and best ideas they can find, then all of us in Iowa are the winners. That's the kind of session you are having this year and it's commendable. A healthy two-party system is alive and well in Iowa today. The 1979 session of the Legislature was memorable for a couple reasons. They had a $150 million surplus that year and gave a third of it back to the taxpayers in a rebate. That's not been repeated since but just imagine what these boys could do today with a $900 million surplus! They also started income tax indexing. Inflation was 9.4 percent that year so that meant something to taxpayers. Unlike the rebate, indexing's an idea that successors have kept around. They legalized graduated payment mortgages and variable rate mortgages. They cut unemployment benefits and allowed credit unions to run checking accounts. Much has changed since 1978 and not all of it for the better. Budgets are larger. Staffs bigger. The costs of campaigns have exploded and they're about to become more expensive now that corporate contributions are legal. Why, in 1978, you could win an open seat in the Iowa Legislature for less than $5,000! Some things never change, though. If you aren't a member, it's still hard to find a place to park around here. There are about thirty lobbyists here who are former members and they'll all tell you the greatest mistake they made while serving was in not providing more places for people to park. But a lot of good things have happened, too. It's more business-like. The work week is more family friendly. Marathon late night sessions are rare. More women serve in the Legislature today. Some day when half the membership is female, we'll be able to say we have a Legislature that truly reflects the population of this state. But there I've started to preach and I promised not to do that. So to Senator Drake, thank you again for the invitation to address this joint session. To the Pioneer Lawmakers, welcome home. To the members, good luck in making that April 23rd adjournment. And to both present and former members in this chamber, I want to say something those of us in the media rarely say - and that is thank you. Thank you for your personal sacrifice. Thank you for your public service. Thank you for trying to make Iowa better and for your willingness to be in what Theodore Roosevelt once called "The Arena." On motion by Gipp of Winneshiek, the joint convention was dissolved at 2:28 p.m. The House stood at ease at 2:28 p.m., until the fall of the gavel. The House resumed session at 2:45 p.m., Gipp of Winneshiek in the chair. SPECIAL PRESENTATION Jager of Black Hawk presented to the House the Honorable Jim Nussle, United States Congressman from the second district. The House expressed its welcome. The House resumed consideration of House File 760. Heaton of Henry asked and received unanimous consent to withdraw amendment H-1455 filed by him on April 6, 1999, placing amendment H-1503 filed by Murphy of Dubuque from the floor, and amendment H-1494 filed by Warnstadt of Woodbury from the floor, out of order. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed sixty members present, forty absent. Heaton of Henry offered amendment H?1486 filed by him as follows: H-1486 1 Amend House File 760 as follows: 2 1. By striking page 3, line 35, through page 4, 3 line 2, and inserting the following: "239B:" 4 2. Page 4, by striking line 4. 5 3. Page 5, by striking line 32 and inserting the 6 following: 7 " $ 51,730,229" 8 4. Page 6, by striking line 10 and inserting the 9 following: 10 " $ 16,782,891" 11 5. Page 8, by inserting after line 11 the 12 following: 13 "1A. The department may use a portion of the 14 moneys credited to the family investment account under 15 this section, as necessary for salaries, support, 16 maintenance, and miscellaneous purposes for not more 17 than the following full-time equivalent positions: 18 FTEs 11.00" 19 6. Page 12, line 28, by inserting after the word 20 "may" the following: "continue to". 21 7. By striking page 12, line 35, through page 13, 22 line 2, and inserting the following: "area or number 23 of individuals." 24 8. Page 13, line 10, by striking the word "Of" 25 and inserting the following: "Notwithstanding section 26 8.57, subsection 5, paragraph "c", of". 27 9. Page 20, by striking line 1 and inserting the 28 following: 29 "Sec. . CHILDREN'S HEALTH INSURANCE PROGRAM. 30 There is". 31 10. Page 20, line 15, by inserting after the word 32 "children" the following: "under the medical 33 assistance program". 34 11. Page 20, by striking line 23 and inserting 35 the following: "the children's health insurance 36 program." 37 12. Page 21, by inserting after line 5 the 38 following: 39 "3. The department shall conduct a study to 40 evaluate the feasibility of implementing a drug 41 product list under the medical assistance program, 42 based upon therapeutic appropriateness and negotiated 43 supplemental drug company rebates as a method to 44 promote cost-effective use of pharmaceuticals. The 45 results of the study shall be submitted by December 46 15, 1999, to the persons designated by this Act to 47 receive reports." 48 13. Page 21, by striking lines 12 through 14 and 49 inserting the following: 50 "For state supplementary assistance, funeral Page 2 1 assistance, and the medical assistance home and 2 community-based services waiver rent subsidy program:" 3 14. Page 28, line 7, by striking the figure 4 "1998" and inserting the following: "1999". 5 15. Page 28, by inserting after line 11 the 6 following: 7 "6. Notwithstanding section 8.33, $378,114 of the 8 moneys appropriated to the department of human 9 services in 1998 Iowa Acts, chapter 1218, section 14, 10 for a new cottage at the Iowa juvenile home shall not 11 revert but shall remain available for expenditure for 12 the purposes designated until the close of the 13 succeeding fiscal year." 14 16. Page 32, line 26, by striking the figure 15 "2000" and inserting the following: "2001, 16 notwithstanding section 8.33". 17 17. Page 36, by striking lines 6 through 11 and 18 inserting the following: 19 "To the extent possible, the personnel providing 20 school-based services shall be prepared with training 21 or experience relating to specific programming to best 22 intervene with youth at risk of being found delinquent 23 or determined to be a child in need of assistance." 24 18. Page 36, line 17, by striking the word "at" 25 and inserting the following: "with an average cost 26 of". 27 19. Page 45, line 25, by inserting after the word 28 "training," the following: "supported community 29 services,". 30 20. By striking page 52, line 34, through page 31 53, line 2, and inserting the following: 32 "5. For the fiscal year beginning July 1, 1999, 33 through September 30, 1999, the maximum reimbursement 34 rates for adoption and independent living services 35 shall remain at rates in effect at the close of the 36 previous fiscal year. Beginning on October 1, 1999, 37 such rates shall be increased by 2 percent over the 38 rates in effect on September 30, 1999. The maximum 39 reimbursement rates for". 40 21. Page 54, line 2, by striking the word "The" 41 and inserting the following: "For the period of July 42 1, 1999, through September 30, 1999, the maximum 43 reimbursement rate shall continue to be $78.14. 44 Effective October 1, 1999, the". 45 22. Page 61, by inserting after line 33 the 46 following: 47 "DIVISION 48 HAWK-I 49 Sec. . NEW SECTION. 514I.11 HAWK-I TRUST 50 FUND. Page 3 1 1. A HAWK-I trust fund is created in the state 2 treasury under the authority of the department of 3 human services, in which all appropriations and other 4 revenues of the program such as grants, contributions, 5 and participant payments shall be deposited and used 6 for the purposes of the program. The moneys in the 7 fund shall not be considered revenue of the state, but 8 rather shall be funds of the program. 9 2. The trust fund shall be separate from the 10 general fund of the state and shall not be considered 11 part of the general fund of the state. The moneys in 12 the trust fund are not subject to section 8.33 and 13 shall not be transferred, used, obligated, 14 appropriated, or otherwise encumbered, except to 15 provide for the purposes of this chapter. 16 Notwithstanding section 12C.7, subsection 2, interest 17 or earnings on moneys deposited in the trust fund 18 shall be credited to the trust fund." 19 23. Page 62, by inserting after line 3 the 20 following: 21 " . Section 1, relating to the social services 22 block grant supplementation." 23 24. Page 62, by inserting after line 11 the 24 following: 25 " . Section 14, subsection 6, relating to 26 reversion of moneys appropriated for the Iowa juvenile 27 home in 1998 Iowa Acts, chapter 1218, section 14." Warnstadt of Woodbury offered the following amendment H?1495, to amendment H?1486, filed by him from the floor and moved its adoption: H-1495 1 Amend the amendment, H-1486, to House File 760 as 2 follows: 3 1. Page 1, by inserting after line 26 the 4 following: 5 " . Page 13, line 15, by striking the word 6 "and". 7 . Page 13, line 16, by striking the word 8 "improvements." and inserting the following: 9 "improvements, and a necessary amount shall be used to 10 provide loans and grants for the construction, major 11 repair, or major renovation of child care centers 12 licensed pursuant to section 237A.2 for which loans 13 and grants the department, in cooperation with the 14 department of workforce development, shall adopt 15 rules. Any amount remaining following the use of the 16 moneys as provided in this subsection shall be 17 credited to the rebuild Iowa infrastructure fund."" Amendment H?1495 lost. Murphy of Dubuque offered the following amendment H?1504, to amendment H?1486, filed by him from the floor and moved its adoption: H-1504 1 Amend the amendment, H-1486, to House File 760, as 2 follows: 3 1. Page 2, by inserting after line 13 the 4 following: 5 " . Page 28, by striking line 18 and inserting 6 the following: 7 " $108,217,214"" 8 2. Page 2, by striking lines 30 through 39. 9 3. Page 2, by striking lines 40 through 44. 10 4. By renumbering as necessary. Amendment H?1504 lost. Division of amendment H-1486 was requested as follows: Page 1 - Lines 2 through 4, Division A; Lines 5 through 7, Division B; Lines 8 through 50, Division A. Page 2 - Lines 1 through 50, Division A. Page 3 - Lines 1 through 27, Division A. Heaton of Henry asked and received unanimous consent to withdraw amendment H-1486B. Heaton of Henry moved the adoption of amendment H-1486A. Amendment H?1486A was adopted. Van Engelenhoven of Mahaska offered amendment H?1477 filed by him and Heaton of Henry as follows: H-1477 1 Amend House File 760 as follows: 2 1. Page 5, by striking line 32 and inserting the 3 following: 4 " $ 53,897,023" 5 2. Page 12, by inserting after line 13 the 6 following: 7 "e. For a pilot project for diversion from the 8 family investment program of persons adjudicated to 9 receive child welfare services who become 18 years of 10 age and cannot return to the parents' home, in 11 accordance with this paragraph: 12 $ 100,000 13 The pilot project shall be a cooperative effort 14 involving a local office of the department and a local 15 service provider that is the recipient of a grant and 16 that provides local, private matching funds for the 17 project. Under the pilot project, the local service 18 provider shall provide housing and services to persons 19 participating in the project, and the local sources of 20 matching funds shall cover some of these expenses as 21 well as providing employment opportunities and other 22 assistance. The department shall provide funding for 23 staff expenses. The persons participating in the 24 project shall provide payment for housing and other 25 services, based upon ability to pay. A goal of the 26 pilot project is for participants to transition out of 27 the pilot project within a year." 28 2. By renumbering as necessary. Van Engelenhoven of Mahaska offered the following amendment H?1500, to amendment H?1477, filed by him and Heaton of Henry from the floor and moved its adoption: H-1500 1 Amend the amendment, H-1477, to House File 760 as 2 follows: 3 1. By striking line 4 and inserting the 4 following: 5 "" $ 51,830,229"" Amendment H?1500 was adopted. Van Engelenhoven of Mahaska moved the adoption of amendment H-1477, as amended. Amendment H?1477 as amended, was adopted. Carroll of Poweshiek offered the following amendment H?1481 filed by Carroll, et al., and moved its adoption: H-1481 1 Amend House File 760 as follows: 2 1. Page 6, line 19, by inserting after the word 3 "services" the following: "and abstinence education 4 programs and services". 5 2. Page 6, by inserting after line 20 the 6 following: 7 "The additional $400,000 appropriated in this 8 subsection over the amount appropriated in the 9 previous fiscal year, shall be used for programs that 10 solely provide abstinence only education and 11 services." 12 3. Page 37, line 7, by inserting after the word 13 "services" the following: "and abstinence education". Roll call was requested by Carroll of Poweshiek and Myers of Johnson. On the question "Shall amendment H-1481 be adopted?" (H.F. 760) The ayes were, 35: Alons Barry Baudler Blodgett Boal Boddicker Bradley Brunkhorst Davis Dix Dolecheck Drake Eddie Garman Greiner Hoffman Horbach Houser Huseman Jager Johnson Klemme Larson Lord Mertz O'Brien Raecker Rants Rayhons Sukup Sunderbruch Thomson Tyrrell Van Engelenhoven Welter The nays were, 61: Arnold Bell Boggess Brauns Bukta Burnett Carroll Cataldo Chiodo Cohoon Connors Cormack Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Grundberg Hahn Hansen Heaton Holmes Huser Jacobs Jenkins Jochum Kettering Kreiman Kuhn Larkin Martin Mascher May Metcalf Millage Mundie Murphy Myers Nelson Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Taylor Teig Thomas Warnstadt Weidman Weigel Whitead Wise Witt Gipp, Presiding Absent or not voting, 4: Chapman Corbett, Spkr. Holveck Van Fossen Amendment H-1481 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Cataldo of Polk, until his return, on request of Schrader of Marion. Heaton of Henry offered amendment H?1456 filed by Heaton, et al., as follows: H-1456 1 Amend House File 760 as follows: 2 1. Page 10, line 23, by inserting after the word 3 "services," the following: "mediation,". 4 2. Page 11, line 15, by inserting after the word 5 "positions" the following: "or to provide services". 6 3. Page 14, line 14, by inserting after the word 7 "deposits" the following: ", including any accrued 8 interest,". 9 4. Page 14, line 15, by inserting after the word 10 "state." the following: "The department shall also 11 receive refunds, including any accrued interest, of 12 assistance paid with funding available under this 13 program.". 14 5. Page 14, line 21, by inserting after the word 15 "state" the following: "or federal". 16 6. Page 20, line 33, by inserting after the word 17 "drugs." the following: "The department may adopt 18 emergency rules to implement this subsection." 19 7. Page 27, line 23, by inserting after the word 20 "appropriate." the following: "The principal option 21 considered in placing males shall be placement at 22 existing state facilities." 23 8. Page 35, by striking lines 29 through 35, and 24 inserting the following: 25 "18. The department shall evaluate the recidivism 26 rates of the public and private treatment programs for 27 juveniles, and shall submit an annual report of the 28 evaluation, by December 15, 1999, to the persons 29 designated in this Act for receipt of reports." 30 9. Page 36, line 5, by inserting after the word 31 "services." the following: "Funding allocated in this 32 subsection shall not be used for the purpose of 33 training." 34 10. Page 36, by striking lines 12 through 14 and 35 inserting the following: 36 "20. a. A necessary amount of the balance of 37 moneys received by the department for the fiscal year 38 beginning July 1, 1999, from the federal government, 39 for the supplemental disproportionate share and 40 supplemental indirect medical education adjustment 41 applicable to state-owned acute care hospitals with 42 more than 500 beds, that were transferred by such a 43 hospital and deposited with the appropriation in this 44 Act for medical assistance which are in excess of the 45 state share for medical assistance, shall not be 46 credited to the general fund of the state but instead 47 shall be credited to the appropriation made in this 48 section for use only as provided in this subsection. 49 b. The moneys credited to this appropriation shall 50 be used if there is any reduction in the federal Page 2 1 financial participation amount for rehabilitation 2 treatment services from the amount projected by the 3 department in creating its budget. An additional 4 amount of not more than $600,000 shall be used to 5 implement the recommendations of the legislative 6 council's child welfare services work group. The 7 recommendations to be implemented include but are not 8 limited to securing additional federal financial 9 participation under Title IV-E of the federal Social 10 Security Act, developing an outcome-based data 11 management system, and providing ongoing support for 12 the work group activities. The department shall seek 13 to obtain additional federal financial participation 14 under Titles XIX and IV-E of the federal Social 15 Security Act for activities eligible to draw federal 16 funding and shall coordinate with the work group in 17 implementing this and other recommendations of the 18 work group." 19 11. Page 36, by inserting after line 18, the 20 following: 21 "22. The department shall maximize the capacity to 22 draw federal funding under Title IV-E of the federal 23 Social Security Act and shall submit a quarterly 24 report regarding such maximization to the legislative 25 fiscal bureau, commencing with a report of the quarter 26 beginning July 1, 1999." 27 12. Page 43, by inserting after line 17 the 28 following: 29 "During the fiscal year beginning July 1, 1999, the 30 state hospital-school at Glenwood shall unbundle 31 pharmaceutical costs from the per diem charges for 32 services at the hospital-school. County billings 33 under section 222.73 shall be reduced in an amount 34 equivalent to pharmaceutical costs separately charged 35 to medical assistance is a result of the unbundling." 36 13. By striking page 45, line 34, through page 37 46, line 4, and inserting the following: 38 "For the costs of a reimbursement increase in 39 accordance with this section for sheltered work, work 40 activity, support employment, job placement, enclave, 41 adult day care, transportation, community supervised 42 apartment living arrangements, and adult residential 43 services paid by a county under a state purchase of 44 service (POS) or county contract: 45 $ 2,000,000 46 1. A fiscal year 1997-1998 spending amount for the 47 POS or county contract services designated above shall 48 be determined for each county by identifying the 49 amount expended for the services for fiscal year 1997- 50 1998 in the county's expenditure report submitted by Page 3 1 December 1, 1998, pursuant to section 331.439, 2 subsection 1, paragraph "a". The individual county 3 spending amounts shall be combined by the department 4 to identify a statewide spending amount. The moneys 5 appropriated in this section shall be distributed to 6 counties based on a county's proportion of the 7 statewide spending amount. 8 2. A county shall utilize the distributed moneys 9 to increase reimbursement of those POS or county 10 contract providers whose reimbursement is below the 11 provider's cost or who utilize the reimbursement 12 increase to enhance service staff compensation. A 13 county shall include a progress report describing the 14 county's usage of the distributed moneys as an 15 addendum to the county's expenditure report submitted 16 by December 1, 1999, pursuant to section 331.439, 17 subsection 1, paragraph "a", and a final report 18 describing the usage as an addendum to the expenditure 19 report submitted by December 1, 2000. It is the 20 intent of the general assembly that any amount that is 21 not utilized for the required purposes shall be 22 recovered in the fiscal year beginning July 1, 2000, 23 by reducing the county's social services block grant 24 local purchase allocation in an equivalent amount." 25 14. Page 49, by inserting after line 33, the 26 following: 27 "5. The department shall submit a quarterly 28 report, commencing with the quarter beginning July 1, 29 1999, to the legislative fiscal bureau specifying the 30 number and type of full-time equivalent positions in 31 the department that are funded but vacant." 32 15. Page 52, by inserting after line 3, the 33 following: 34 "1A. It is the intent of the general assembly 35 that, subject to the recommendations of the human 36 services provider reimbursement task force described 37 in this Act, beginning with the fiscal year commencing 38 July 1, 2000, the department shall utilize the 39 resource-based relative value system methodology to 40 determine medical provider reimbursement under the 41 medical assistance program." 42 16. Page 53, by striking lines 29 through 33, and 43 inserting the following: "services providers 44 effective October 1, 1999." 45 17. Page 54, by striking lines 19 through 22 and 46 inserting the following: 47 " . Effective July 1, 1999, the maximum 48 reimbursement rate for psychiatric medical 49 institutions for children (PMICs) shall be increased 50 to $145.74 per day, based on per day rates for actual Page 4 1 costs on June 30, 1999." 2 18. Page 60, by striking lines 16 through 18, and 3 inserting the following: "department's budget. The 4 task force should be directed to". 5 19. Page 62, by inserting after line 18, the 6 following: 7 " . Section 24, relating to reimbursement of 8 social services providers." Murphy of Dubuque offered the following amendment H?1498, to amendment H?1456, filed by him from the floor and moved its adoption: H-1498 1 Amend the amendment, H-1456 to House File 760 as 2 follows: 3 1. Page 1, by inserting after line 22 the 4 following: 5 " . Page 28, by striking line 18 and inserting 6 the following: 7 $108,116,380"" 8 2. Page 3, by striking lines 42 through 44 and 9 inserting the following: 10 " . Page 53, by striking lines 27 through 33, 11 and inserting the following: "family services, 12 $2,652,296 is allocated to provide for a 13 reimbursement increase to rehabilitative treatment and 14 support services providers effective July 1, 1999."" Roll call was requested by Murphy of Dubuque and Siegrist of Pottawattamie. On the question "Shall amendment H-1498 be adopted?" (H.F. 760) The ayes were, 40: Bell Bukta Burnett Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers 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 Davis Dix Dolecheck Drake Eddie Garman Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Gipp, Presiding Absent or not voting, 7: Cataldo Chapman Corbett, Spkr. Cormack Holveck Jenkins O'Brien Amendment H-1498 lost. Osterhaus of Jackson offered the following amendment H?1493, to amendment H?1456, filed by him from the floor and moved its adoption: H-1493 1 Amend the amendment, H-1456, to House File 760 as 2 follows: 3 1. Page 2, by striking lines 3 through 18 and 4 inserting the following: "department in creating its 5 budget. 6 . Upon the approval of the director of the 7 department of management, up to $600,000 of the amount 8 appropriated in this section may be used to implement 9 the recommendations of the legislative council's child 10 welfare services work group that are approved by the 11 director of human services. If approved by the 12 director, the recommendations to be implemented shall 13 include but are not limited to securing additional 14 federal financial participation under Title IV-E of 15 the federal Social Security Act, and developing an 16 outcome-based data management system. The department 17 shall seek to obtain additional federal financial 18 participation under Titles XIX and IV-E of the federal 19 Social Security Act for activities eligible to draw 20 federal funding and shall coordinate with the work 21 group in implementing this and other recommendations 22 of the work group."" 23 2. By renumbering as necessary. Amendment H?1493 was adopted. Murphy of Dubuque asked and received unanimous consent to withdraw amendment H-1491, to amendment H-1456, filed by him from the floor. Heaton of Henry offered the following amendment H?1496, to amendment H?1456, filed by him from the floor and moved its adoption: H-1496 1 Amend the amendment, H-1456, to House File 760 as 2 follows: 3 1. Page 4, by striking lines 5 through 8. Amendment H?1496 was adopted. Division of amendment H-1456 was requested as follows: Page 1 - Lines 2 through 15, Division A; Lines 16 through 18, Division B; Lines 19 through 50, Division A. Page 2 - Lines 1 through 50, Division A. Page 3 - Lines 1 through 50, Division A. Page 4 - Lines 1 through 8, Division A. Heaton of Henry moved the adoption of amendment H-1456A, as amended. Amendment H?1456A, as amended, was adopted. Heaton of Henry offered the following amendment H?1478 filed by him and Dix of Butler and moved its adoption: H-1478 1 Amend House File 760 as follows: 2 1. Page 13, line 14, by inserting after the word 3 "improvements," the following: "$212,846 shall be 4 used for a technology initiative to provide a buy-in 5 option under the medical assistance program for 6 persons with disabilities if Senate File 211 is 7 enacted by the Seventy-eighth General Assembly, 1999 8 Session,". Amendment H?1478 was adopted. Murphy of Dubuque offered the following amendment H?1387 filed by him and moved its adoption: H-1387 1 Amend House File 760 as follows: 2 1. Page 13, by striking lines 10 through 18, and 3 inserting the following: "be used to continue the X- 4 PERT computer system only in coordination with the 5 information technology services division of the 6 department of general services." 7 2. Page 49, by striking line 12, and inserting 8 the following: 9 " $ 14,651,308" Amendment H?1387 lost. Osterhaus of Jackson offered the following amendment H?1430 filed by him and moved its adoption: H-1430 1 Amend House File 760 as follows: 2 1. Page 15, by striking line 16 and inserting the 3 following: 4 " $ 416,931,278" Amendment H?1430 lost. Foege of Linn offered the following amendment H?1409 filed by him and moved its adoption: H-1409 1 Amend House File 760 as follows: 2 1. Page 19, by inserting after line 23 the 3 following: 4 "13. The nonfederal share of moneys refunded to 5 the department from the managed mental health and 6 substance abuse care plan shall be credited to this 7 medical assistance appropriation. Up to $350,000 of 8 the refunded moneys may be transferred to be used as 9 matching funds for a children's mental health grant 10 managed by the division of mental health and 11 developmental disabilities." Amendment H?1409 was adopted. Houser of Pottawattamie offered the following amendment H?1462 filed by him and Myers of Johnson and moved its adoption: H-1462 1 Amend House File 760 as follows: 2 1. Page 19, by inserting after line 23 the 3 following: 4 " . The department shall aggressively take the 5 steps necessary to implement the rehabilitation option 6 for services to persons with chronic mental illness 7 under the medical assistance program through use of 8 county funding as a match for the federal funding." 9 2. By renumbering as necessary. Amendment H?1462 was adopted. Heaton of Henry offered the following amendment H?1444 filed by Heaton, et al., and moved its adoption: H-1444 1 Amend House File 760 as follows: 2 1. Page 19, by inserting after line 23, the 3 following: 4 "13. The department of human services, in 5 cooperation with the department of inspections and 6 appeals, shall develop a program plan to improve the 7 care provided to residents of nursing homes. 8 14. Notwithstanding any provision to the contrary 9 and if allowed under federal law and regulation, for 10 the fiscal year beginning July 1, 1999, $130,000 of 11 the penalties collected as authorized by section 12 135C.36 shall not be deposited in the general fund of 13 the state but are appropriated and shall be used by 14 the department to continue to fund the recruitment and 15 retention strategies to provide additional training 16 and support for certified nurse aides, employed by 17 nursing facilities, as a means of reducing staff 18 turnover." Amendment H?1444 was adopted. Heaton of Henry offered the following amendment H?1449 filed by Heaton, et al., and moved its adoption: H-1449 1 Amend House File 760 as follows: 2 1. Page 19, by inserting after line 23, the 3 following: 4 " . The department shall adopt rules to apply 5 the reimbursement system utilized for nursing 6 facilities to skilled nursing facilities beginning 7 July 1, 2000. Funds available for reimbursement for 8 both nursing facilities and skilled nursing facilities 9 shall be combined for distribution in the fiscal year 10 beginning July 1, 2000. 11 . The department shall expand the requirements 12 of the cost reports submitted by nursing facilities to 13 include all of the following information: 14 a. Information concerning staffing ratios and 15 staffing costs including the number of hours spent per 16 resident per day on all of the following: nursing 17 services provided by registered nurses, licensed 18 practical nurses, certified nurse aides, restorative 19 aides, and certified medical aides; other care 20 services; administrative functions; housekeeping and 21 maintenance; and dietary services. 22 b. The starting and average hourly wage for all 23 classes of employees. 24 The information submitted shall be compiled by the 25 department and submitted to the general assembly to be 26 used to develop a new reimbursement system which links 27 higher reimbursement rates to improved nursing 28 staffing ratios and which distributes funding in a 29 manner which prioritizes the provision of direct care 30 to residents." 31 2. Page 51, by striking lines 16 through 25, and 32 inserting the following: 33 "f. The basis for establishing the maximum medical 34 assistance reimbursement rate for nursing facilities 35 shall be the 70th percentile of facility costs as 36 calculated from the June 30, 1999, unaudited 37 compilation of cost and statistical data. However, to 38 the extent funds are available within the amount 39 projected for reimbursement of nursing facilities 40 within the appropriation for medical assistance in 41 this Act for the fiscal year beginning July 1, 1999, 42 and within the appropriation for medical assistance as 43 a whole for the fiscal year beginning July 1, 1999, 44 the department shall adjust the maximum medical 45 assistance reimbursement for nursing facilities to the 46 70th percentile, as calculated on December 31, 1999, 47 unaudited compilation of cost and statistical data and 48 the adjustment shall take effect January 1, 2000." 49 3. By renumbering as necessary. Amendment H?1449 was adopted. Heaton of Henry offered the following amendment H?1470 filed by him and moved its adoption: H-1470 1 Amend House File 760 as follows: 2 1. Page 19, by inserting after line 23, the 3 following: 4 "13. Of the funds appropriated in this section, 5 the department may use up to $207,000 to implement a 6 disease-specific pharmaceutical case management study, 7 beginning January 1, 2000, to measure the effects of 8 case management for medical assistance recipients 9 identified by the department as being at high risk for 10 medication-related problems. The funds shall be used 11 to equally reimburse physician-pharmacist teams for 12 participation in the study. An advisory committee 13 whose membership consists of representatives of the 14 Iowa medical society, the Iowa pharmacy association, 15 and the department of human services shall establish 16 and implement the pharmaceutical case management 17 study. The university of Iowa colleges of medicine 18 and pharmacy shall perform an evaluation of the study 19 at no cost to the state and shall submit a final 20 report of the findings of the evaluation and any 21 recommendations to the general assembly by December 22 15, 2002. The department shall submit a progress 23 report relating to the program by December 15, 2001, 24 and a final report by December 15, 2002, to the 25 general assembly." 26 2. By renumbering as necessary. Amendment H?1470 was adopted. Osterhaus of Jackson offered the following amendment H?1431 filed by him and moved its adoption: H-1431 1 Amend House File 760 as follows: 2 1. Page 20, by striking line 12 and inserting the 3 following: 4 " $ 11,000,000" Dolecheck of Ringgold in the chair at 6:18 p.m. Gipp of Winneshiek in the chair at 6:24 p.m. Roll call was requested by Siegrist of Pottawattamie and Murphy of Dubuque. On the question "Shall amendment H-1431 be adopted?" (H.F. 760) The ayes were, 43: Bell Bukta Burnett Cataldo Chiodo Cohoon Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Huser Jochum Kreiman Kuhn Larkin Larson Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Van Fossen Warnstadt Weigel Whitead Wise Witt The nays were, 52: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie Garman Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Lord Martin Metcalf Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Weidman Welter Gipp, Presiding Absent or not voting, 5: Chapman Connors Corbett, Spkr. Holveck Millage Amendment H-1431 lost. Osterhaus of Jackson offered the following amendment H?1432 filed by him and moved its adoption: H-1432 1 Amend House File 760 as follows: 2 1. Page 20, by inserting after line 23 the 3 following: 4 "3. The department shall conduct a study of the 5 costs of providing family coverage under the state 6 children's health insurance program and shall submit a 7 report of the findings of the study and any 8 recommendations by December 15, 1999, to the persons 9 designated under this Act to receive reports." Amendment H?1432 was adopted. Siegrist of Pottawattamie asked and received unanimous consent that House File 760 be deferred and that the bill retain its place on the calendar. INTRODUCTION OF BILL House File 763, by committee on appropriations, a bill for an act relating to the reimbursement rate for federally qualified health centers and rural health clinics under the medical assistance program. Read first time and placed on the appropriations calendar. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 7, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 465, a bill for an act authorizing the establishment of an accelerated career education program, providing a tax credit from withholding, and relating to the transfer of job training withholding to the workforce development fund account. MICHAEL E. MARSHALL, Secretary MOTION TO RECONSIDER (Amendment H-1481 to House File 760) I move to reconsider the vote by which amendment H-1481 to House File 760 failed to be adopted. CARROLL of Poweshiek EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on April 6, 1999. Had I been present, I would have voted "aye" on Senate File 392. CARROLL of Poweshiek I was necessarily absent from the House chamber on April 7, 1999. Had I been present, I would have voted "aye" on Senate File 230. HANSEN of Pottawattamie I was necessarily absent from the House chamber on Tuesday afternoon, April 6, 1999. Had I been present, I would have voted "aye" on House File 115. THOMAS of Clayton BILLS SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on April 6, 1999, he approved and transmitted to the Secretary of State the following bills: House File 573, an act to change the penalties applicable to the possession, manufacture, or delivery of methamphetamine and other controlled substances, relating to the possession or control of adulterated or improperly labeled articles, providing for the reopening of certain sentences, and providing for restrictions on bail. Senate File 361, an act relating to enforcement, prevention, education, and treat- ment for substance abuse and sexual abuse, and providing appropriations. Also: That on April 7, 1999, he approved and transmitted to the Secretary of State the following bills: House File 347, an act relating to rulemaking duties of the department of natural resources regarding baled solid waste. House File 588, an act prohibiting unauthorized changes in telecommunications service, prohibiting certain acts in the advertisement or solicitation of changes in telecommunications service, and providing remedies and penalties. House File 679, an act relating to drawing the Sac and Fox Indian settlement precinct in Tama county. Senate File 203, an act relating to transportation, including regulation of school buses and special trucks, vehicle titling and registration, commercial driver's licenses, regulations on motor carriers, regulations on motor vehicle manufacturers, distributors, and dealers, size, weight, and load restrictions on vehicles, driver education, transportation of students, equipment on vehicles, recision of a driver's license revocation, and administrative procedures of the state department of transportation, and providing for fees and penalties and an effective date. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Forty-two students from Clear Lake Middle School, Clear Lake, accompanied by Troy Heller, Kevin Kahler, Sharon Pruessner and Sarah Abbas. By Blodgett of Cerro Gordo. Sixty-three fifth grade students from Stowe Elementary School, Des Moines, accompanied by Mrs. Peake, Mrs. Crawford and Mrs. Coones. By Connors of Polk. Eighteen seventh through tenth grade students from Ottumwa Christian School, Ottumwa, accompanied by Mrs. Stevens, Mrs. Sieber, Mr. and Mrs. Roemermen. By Davis of Wapello. Sixteen government students from Allamakee Community Schools, Waukon, accompanied by Ken Bell. By Gipp of Winneshiek. Government students from Winfield-Mt. Union High School, Winfield, accompanied by Jeff Batty. By Heaton of Henry. Sixty eighth grade students from St. Ansgar School District, St. Ansgar, accompanied by Mrs. Kramer. By Kuhn of Floyd and May of Worth. Twenty-seven senior students from Monticello High School, Monticello, accompanied by Mark Holtzman. By Welter of Jones. CERTIFICATES OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificates of recognition have been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1999\606 Jennie Van Sant, Sully - For celebrating her 80th birthday. 1999\607 Alice and Burton Rank, Deep River - For celebrating their 60th wedding anniversary. 1999\608 Vi Dare, Grinnell - For being a 65 year member of Sonora Grange. 1999\609 William E. Graham, Indianola - For celebrating his 85th birthday. 1999\610 Vadis and Russell Isley, Indianola - For celebrating their 60th wedding anniversary. 1999\611 Bryan D. Lloyd, Osceola - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\612 Mamie and Harold McNeal, Osceola - For celebrating their 50th wedding anniversary. 1999\613 Veda Mae and Andy Goodrich, Osceola - For celebrating their 50th wedding anniversary. 1999\614 Betty and Rolland "Jimmie" Redman, Van Wert - For celebrating their 60th wedding anniversary. 1999\615 Vera and Lewis Printy, Melrose - For celebrating their 50th wedding anniversary. 1999\616 Shirley and Keith Kent, Lucas - For celebrating their 50th wedding anniversary. 1999\617 Jean and Kenneth Winter, Murray - For celebrating their 50th wedding anniversary. SUBCOMMITTEE ASSIGNMENTS Senate File 457 Ways and Means: Boal, Chair; Frevert and Raecker. Senate File 463 Ways and Means: Houser, Chair; Drake and Richardson. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 256 Reassigned Ways and Means: Larson, Chair; Jenkins and Myers. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 259 Ways and Means Relating to the state sales and use taxes by providing for the effective date for any rate increase or decrease, filing of consolidated sales tax returns by affiliated corporations, changing the statute of limitations for assessing tax and applying for refunds and relating to local sales and services taxes by providing the effective dates for imposing, repealing, or changing rates, and including effective dates. H.S.B. 260 Ways and Means Relating to a sales and use tax exemption for the providing of personal emergency response system services. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendations have been received and are on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON APPROPRIATIONS Senate File 424, a bill for an act relating to and making transportation and other infrastructure-related appropriations to the state department of transportation, including allocation and use of moneys from the general fund of the state, road use tax fund, and primary road fund, providing for the use of a former rest area, and providing for the nonreversion of certain moneys and an effective date. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-1492 April 7, 1999. Committee Bill (Formerly House File 638), relating to the reimbursement rate for federally qualified health centers and rural health clinics under the medical assistance program. Fiscal Note is not required. Recommended Do Pass April 7, 1999. RESOLUTION FILED HR 17, by Raecker, Ford, Corbett, Siegrist, Alons, Arnold, Barry, Baudler, Bell, Blodgett, Boal, Boddicker, Boggess, Bradley, Brauns, Brunkhorst, Bukta, Burnett, Carroll, Cataldo, Chapman, Chiodo, Cohoon, Connors, Cormack, Davis, Dix, Doderer, Dolecheck, Dotzler, Drake, Drees, Eddie, Falck, Fallon, Foege, 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, Rants, Rayhons, Reynolds, Richardson, Scherrman, Schrader, Shoultz, Stevens, Sukup, Sunderbruch, Taylor, Teig, Thomas, Thomson, Tyrrell, Van Engelenhoven, Van Fossen, Warnstadt, Weidman, Weigel, Welter, Whitead, Wise, and Witt, a resolution congratulating the Drake Women's Basketball Team. Laid over under Rule 25. AMENDMENTS FILED H-1489 H.F. 747 Brunkhorst of Bremer Kettering of Sac H-1490 H.F. 761 Jochum of Dubuque H-1492 S.F. 424 Committee on Transportation H-1497 H.F. 747 Osterhaus of Jackson H-1499 S.F. 189 Larson of Linn H-1501 S.F. 209 Schrader of Marion H-1502 H.F. 761 Boal of Polk Heaton of Henry H-1506 S.F. 405 Schrader of Marion H-1507 S.F. 424 Myers of Johnson H-1508 S.F. 405 Chiodo of Polk H-1509 S.F. 405 Fallon of Polk H-1510 S.F. 449 Fallon of Polk H-1511 H.F. 760 Blodgett of Cerro Gordo H-1512 S.F. 393 Ford of Polk H-1513 S.F. 393 Ford of Polk On motion by Siegrist of Pottawattamie the House adjourned at 6:40 p.m., until 8:45 a.m., Thursday, April 8, 1999. MEMORIAL SERVICE Seventy-Eighth General Assembly Wednesday, April 7, 1999 7:00 P.M. Program Senator John Jensen, Presiding Prelude Pianist, Senator Mary Kramer "Life's Railway to Heaven" C. Tillman Instrumental: Senator Andy McKean Invocation Senator John Jensen Memorials - House Reader: Representative Dan Boddicker Memorials - Senate and House Reader: Senator O. Gene Maddox Memorials - House Reader: Representative Donna M. Barry "In This Very Room" Ron and Carol Harris Memorial Choir: Directed by Senator Mark S. Shearer Accompanied by Senator Mary Kramer Memorials - House and Senate Reader: Representative Hubert M. Houser and Senator Robert E. Dvorsky "On Eagle's Wings" Michael Joncas Senator Merlin Bartz Memorials - Senate and House Reading: Senator Eugene Fraise Memorials - House and Senate Reading: Representative Dennis May Memorials - House Reading: Senator Michael W. Connolly "Let There Be Peace on Earth" Sy Miller and Jill Jackson Memorial Choir IN MEMORIAM SERVED IN THE SENATE Honorable Max Milo Mills (Marshall County): 61st and 62nd (1965-1968) SERVED IN THE HOUSE OF REPRESENTATIVES AND THE SENATE Honorable Warren E. Curtis (Cherokee County): House - 64th (1971-1972) Senate - 65th, 66th, 67th and 67thX (1973-1978) Honorable Robert R. Dodds (Des Moines County): House - 57th, 58th and 59th (1957-1962) Senate - 60th, 60thX, 61st, 62nd and 63rd (1963-1970) Honorable James O. Henry (Pottawattamie County): House - 55th and 56th (1953-1956) Senate - 57th and 58th (1957-1960) Honorable Lee Holt (Clay County): House - 68th, 69th, 69thX and 69thXX (1979-1982) Senate - 70th, 71st, 72nd, 72ndX and 72ndXX (1983-1988) Honorable Emil J. Husak (Tama County): House - 64th, 65th, 66th, 67th, 67thX and 68th (1971-1980) Senate - 69th, 69thX, 69thXX, 70th, 71st, 72nd, 72ndX, 72ndXX, 73rd, 74th, 74thX, 74thXX, 75th and 76th (1981-1996) SERVED IN THE HOUSE OF REPRESENTATIVES Honorable M. W. "Jack" Beaman (Clarke County): 72nd, 72ndX, 72ndXX, 73rd, 74th, 74thX, 74thXX and 75th (1987-1994) Honorable Phillip E. Brammer (Linn County): 70th, 71st, 72nd, 72ndX, 72ndXX, 73rd, 74th, 74thX, 74thXX, 75th and 76th (1983-1996) Honorable Donovan W. Burington (Woodbury County): 46th (1935-1936) Honorable Herbert L. Campbell, II (Washington County): 63rd and 64th (1969-1972) Honorable Horace C. Daggett (Union County): 65th, 66th, 67th, 67thX, 68th, 69th, 69thX, 69thXX, 70th, 71st, 72nd, 72ndX, 72ndXX, 73rd, 74th, 74thX, 74thXX, 75th and 76th (1973-1996) Honorable Lloyd G. Jackson (Clinton County): 61st (1965-1966) Honorable James D. Jordan (Linn County): 65th and 66th (1973-1976) Honorable Willis E. Junker (Woodbury County): 65th, 66th, 67th and 67thX (1973-1978) Honorable Carroll A. Lane (Carroll County): 50th, 50thX and 51st (1943- 1946) Honorable Harry C. Madden (Union County): 61st (1965-1966) Honorable Floyd H. Millen (Van Buren County): 60th, 60thX, 61st, 62nd, 63rd, 64th, 65th, 66th, 67th, 67thX and 68th (1963-1980) Honorable Roy A. Miller (Jones County): 60th, 60thX, 62nd and 63rd (1963- 1964) and (1967-1970) Honorable Harold F. Mueller (Worth County): 58th, 59th, 60th, 60thX and 61st (1959-1966) Honorable Louis J. Muhlbauer (Crawford County): 70th, 71st, 72nd, 72ndX, 72ndXX, 73rd, 74th, 74thX and 74thXX (1983-1992) Honorable Samuel E. Orebaugh (Polk County): 50th and 50thX (1943-1944) Honorable Don W. Shoning (Woodbury County): 71st, 72nd, 72ndX, 72ndXX, 73rd, 74th, 74thX and 74thXX (1985-1992) Candlelighters Hosts Senator Betty Soukup Senator Mary Lou Freeman Senator Maggie Tinsman Senator H. Kay Hedge Senator Patricia Harper Senator John P. Kibbie Representative Effie Lee Boggess Representative Cecil Dolecheck Representative Russell J. Eddie Representative Clarence C. Hoffman Representative John P. Sunderbruch Senate Memorial Committee House Memorial Committee Honorable Richard F. Drake, Chair Honorable Ralph F. Klemme, Chair Honorable Michael W. Connolly Honorable Carmine Boal Honorable John P. Kibbie Honorable William A. Dotzler, Jr. Honorable Merlin E. Bartz Honorable Dolores M. Mertz Honorable O. Gene Maddox Honorable Mark S. Shearer Flowers Arranged by The Bloomin' Greenery, Indianola, Iowa 1150 JOURNAL OF THE HOUSE 87th Day 87th Day WEDNESDAY, APRIL 7, 1999 1151
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