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Eighty-eighth Calendar Day - Fifty-sixth Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, April 8, 1999 The House met pursuant to adjournment at 8:50 a.m., Gipp of Winneshiek in the chair. Prayer was offered by Reverend Jane Jordon, pastor of United Methodist Church, Woodbine. The Journal of Wednesday, April 7, 1999 was approved. PETITIONS FILED By Barry of Harrison, from twenty constituents of the 82nd district favoring the establishment of a fuel quality standard. By Carroll of Poweshiek, from one thousand six Iowans from forty- eight counties, favoring legislation to implement and fund abstinence until marriage education in Iowa public schools. SPECIAL PRESENTATIONS The Legislative Memorial Session Choir presented two vocal selections, "In This Very Room", and "Let There Be Peace on Earth". The choir was directed by the Honorable Mark Shearer, state senator from Washington County, and piano accompaniment was by the Honorable Mary Kramer, state senator from Polk County. The House rose and expressed its appreciation. Following the prayer, the Honorable Donna Barry, state representative from Harrison County, presented the following guests who performed in song before the chamber: Forrest Johnson, Jim Cotton, Max Poe, and Bill Hutcheson, accompaniment by Margaret Cotton. They are all from Woodbine. The House rose and expressed its appreciation. SENATE MESSAGE CONSIDERED Senate File 465, by committee on ways and means, 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. Read first time and referred to committee on ways and means. TEACHERS OF THE DAY Representative Barry of Harrison presented to the House the following teachers of the day: Max Poe, Jim Cotton and Margaret Cotton, teachers at Woodbine school. SENATE FILES PLACED ON THE UNFINISHED BUSINESS CALENDAR Siegrist of Pottawattamie asked and received unanimous consent to suspend the rules to place the following Senate Files on the unfinished business calendar: Senate File 8 Senate File 254 Senate File 41 Senate File 275 Senate File 51 Senate File 276 Senate File 52 Senate File 280 Senate File 92 Senate File 282 Senate File 95 Senate File 284 Senate File 146 Senate File 287 Senate File 150 Senate File 292 Senate File 186 Senate File 294 Senate File 189 Senate File 306 Senate File 192 Senate File 309 Senate File 194 Senate File 313 Senate File 209 Senate File 323 Senate File 211 Senate File 324 Senate File 228 Senate File 337 Senate File 352 Senate File 410 Senate File 367 Senate File 413 Senate File 393 Senate File 421 Senate File 395 Senate File 429 Senate File 398 Senate File 437 Senate File 405 Senate File 441 Senate File 406 Senate File 449 Senate File 407 Senate File 451 The House stood at ease at 9:15 a.m., until the fall of the gavel. The House resumed session at 9:33 a.m., Gipp of Winneshiek in the chair. CONSIDERATION OF BILLS Unfinished Business Calendar The House resumed consideration of 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, previously deferred. Blodgett of Cerro Gordo offered the following amendment H?1511 filed by him and moved its adoption: H-1511 1 Amend House File 760 as follows: 2 1. Page 20, line 31, by striking the word "shall" 3 and inserting the following: "may". Amendment H?1511 was adopted. Heaton of Henry moved the adoption of amendment H-1456B found on page 1137 of the House Journal. Amendment H-1456B was adopted. Osterhaus of Jackson offered the following amendment H?1424 filed by him and moved its adoption: H-1424 1 Amend House File 760 as follows: 2 1. Page 20, by inserting after line 33 the 3 following: 4 "1A. The department shall ensure that the drug 5 utilization review commission conducts its meetings in 6 accordance with chapter 21 and that the commission 7 incorporates term limits for physician and pharmacist 8 members in its membership policy." Amendment H?1424 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. ADOPTION OF HOUSE CONCURRENT RESOLUTION 22 Siegrist of Pottawattamie asked and received unanimous consent for the immediate consideration of House Concurrent Resolution 22. Houser of Pottawattamie called up for consideration House Concurrent Resolution 22, a concurrent resolution recognizing the Annie E. Casey Foundation for the Foundation's many contributions to this state's efforts to the well-being of Iowa's children and families through community-based reforms, and moved its adoption. The motion prevailed and the resolution was adopted. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House Concurrent Resolution 22 be immediately messaged to the Senate. The House resumed consideration of House File 760, previously deferred. Jochum of Dubuque offered the following amendment H?1398 filed by her and moved its adoption: H-1398 1 Amend House File 760 as follows: 2 1. Page 27, by striking line 11, and inserting 3 the following: 4 " $ 16,158,000" 5 2. Page 27, by striking line 16, and inserting 6 the following: 7 " $ 6,670,000" 8 3. Page 27, by inserting after line 17, the 9 following: 10 "Of the funds allocated in this subsection, 11 $450,000 shall be used to provide aftercare services 12 to females placed at the state juvenile institution at 13 Toledo." Amendment H?1398 lost. Sukup of Franklin offered the following amendment H?1442 filed by him and Heaton of Henry and moved its adoption: H-1442 1 Amend House File 760 as follows: 2 1. Page 27, by striking line 11 and inserting the 3 following: 4 " $ 15,748,000" 5 2. Page 27, by striking line 31 and inserting the 6 following: 7 " $ 9,528,000" 8 3. Page 27, by inserting after line 32 the 9 following: 10 "Of the funding allocated in this subsection, 11 $40,000 is designated for aftercare services for 12 persons who were placed at the state training school 13 at Eldora." Amendment H?1442 was adopted. Foege of Linn offered the following amendment H?1410 filed by him and moved its adoption: H-1410 1 Amend House File 760 as follows: 2 1. Page 28, by striking line 18 and inserting the 3 following: 4 " $108,217,214" 5 2. Page 53, line 27, by striking the figure 6 "1,985,916" and inserting the following: "2,652,296". 7 3. Page 53, line 29, by striking the word 8 "October" and inserting the following: "July". Amendment H?1410 lost. Foege of Linn offered the following amendment H?1412 filed by him and moved its adoption: H-1412 1 Amend House File 760 as follows: 2 1. Page 28, by striking line 18 and inserting the 3 following: 4 " $108,080,000" 5 2. Page 36, line 2, by striking the figure 6 "3,458,000" and inserting the following: "4,088,000". Roll call was requested by Foege of Linn and Murphy of Dubuque. On the question "Shall amendment H-1412 be adopted?" (H.F. 760) The ayes were, 42: Arnold Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Frevert Huser Jochum Kreiman Kuhn Larkin Mascher May 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 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 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, 4: Corbett, Spkr. Ford Holveck Mertz Amendment H-1412 lost. Kreiman of Davis offered the following amendment H?1463 filed by him and Foege of Linn and moved its adoption: H-1463 1 Amend House File 760 as follows: 2 1. By striking page 28, line 30, through page 29, 3 line 14, and inserting the following: 4 "___. Of the funds appropriated in this section, 5 $28,510,211, or such amount as is necessary, is 6 allocated for group foster care maintenance and 7 services." 8 2. Page 61, by inserting after line 33 the 9 following: 10 "DIVISION ____ 11 GROUP FOSTER CARE SERVICES 12 Sec. ___. Section 232.52, subsection 2A, Code 13 1999, is amended by striking the subsection. 14 Sec. ___. Section 232.102, subsection 1A, Code 15 1999, is amended by striking the subsection. 16 Sec. ___. Section 232.117, subsection 3A, Code 17 1999, is amended by striking the subsection. 18 Sec. ___. Section 232.127, subsection 8, Code 19 1999, is amended by striking the subsection. 20 Sec. ___. Section 232.143, Code 1999, is amended 21 by striking the section and inserting in lieu thereof 22 the following: 23 232.143 REGIONAL GROUP FOSTER CARE EXPENDITURE 24 PLAN. 25 For each of the department's regions, 26 representatives appointed by the department and 27 juvenile court services shall establish a plan for 28 containing the expenditures for children placed in 29 group foster care ordered by the court. 30 Sec. ___. Section 232.182, subsection 7, Code 31 1999, is amended by striking the subsection. 32 Sec. ___. Section 234.35, subsection 1, paragraph 33 e, Code 1999, is amended to read as follows: 34 e. When a court has entered an order transferring 35 the legal custody of the child to a foster care 36 placement pursuant to section 232.52, subsection 2, 37 paragraph "d", or section 232.102, subsection 1. 38However,paymentforagroupfostercareplacement39shallbelimitedtothoseplacementswhichconformto40aregionalgroupfostercareplanestablishedpursuant41tosection232.143." 42 3. By renumbering as necessary. Amendment H?1463 lost. Murphy of Dubuque offered amendment H?1389 filed by him as follows: H-1389 1 Amend House File 760 as follows: 2 1. Page 37, by striking line 34 and inserting the 3 following: 4 " $ 43,240,000" 5 2. Page 38, by striking line 4 and inserting the 6 following: 7 " $ 13,080,000" Murphy of Dubuque offered the following amendment H?1427, to amendment H?1389, filed by him and moved its adoption: H-1427 1 Amend the amendment, H-1389, to House File 760 as 2 follows: 3 1. Page 1, by striking line 4 inserting the 4 following: 5 "" $ 43,490,000"" 6 2. Page 1, by striking line 7 and inserting the 7 following: 8 "" $ 13,330,000"" Amendment H?1427 was adopted. Murphy of Dubuque moved the adoption of amendment H-1389, as amended. Roll call was requested by Murphy of Dubuque and Myers of Johnson. On the question "Shall amendment H-1389, as amended be adopted?" (H.F. 760) The ayes were, 44: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Foege Ford Frevert Huseman Huser Jochum Kettering 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 Corbett, Spkr. Cormack Davis Dix Dolecheck Drake Eddie Garman Greiner Grundberg Hahn Heaton Hoffman Holmes Horbach Houser Jacobs Jager Jenkins Johnson 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, 3: Fallon Hansen Holveck Amendment H?1389, as amended, lost. Siegrist of Pottawattamie asked and received unanimous consent that House File 760 be deferred and that the bill retain its place on the calendar. On motion by Siegrist of Pottawattamie, the House was recessed at 11:03 a.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 1:07 p.m., Gipp of Winneshiek in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed fifty-eight members present, forty-two absent. INTRODUCTION OF BILL House Joint Resolution 15, by committee on administration and rules, a joint resolution to nullify an administrative rule of the secretary of state concerning preparation of descriptions of constitutional amendments and statewide public measures and providing an effective date. Read first time and placed on the calendar. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 8, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 345, a bill for an act relating to permissible fees to be charged for maintaining a demand deposit account with a line of credit. Also: That the Senate has on April 8, 1999, amended and passed the following bill in which the concurrence of the House is asked: House File 570, a bill for an act relating to the Iowa turkey marketing council, by providing procedures for the administration of the council, a producer assessment, refunds, and for the expenditure of moneys by the council, and providing an effective date. Also: That the Senate has on April 8, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 464, a bill for an act relating to the funding of, operation of, and appropriation of moneys to the college student aid commission, the department of cultural affairs, the department of education, and the state board of regents, providing related statutory changes, and providing effective dates. MICHAEL E. MARSHALL, Secretary CONSIDERATION OF BILLS Unfinished Business Calendar The House resumed consideration of House File 760. Foege of Linn offered the following amendment H?1411 filed by him and moved its adoption: H-1411 1 Amend House File 760 as follows: 2 1. Page 37, by striking line 34 and inserting the 3 following: 4 " $ 43,090,000" 5 2. Page 38, by striking line 7 and inserting the 6 following: 7 " $ 7,450,000 8 Of the funding allocated in this paragraph "b", 9 $350,000 shall be used to establish a 21-bed 10 psychogeriatric unit at the state mental health 11 institute at Clarinda." A non-record roll call was requested. The ayes were 42, nays 49. Amendment H?1411 lost. Millage of Scott offered the following amendment H?1426 filed by him and moved its adoption: H-1426 1 Amend House File 760 as follows: 2 1. Page 37, by striking line 35 and inserting the 3 following: 4 " FTEs 851.39" 5 2. Page 38, by striking line 5 and inserting the 6 following: 7 " FTEs 244.24" 8 3. Page 48, by striking line 30 and inserting the 9 following: 10 " FTEs 2,071.00" 11 4. Page 49, by striking line 13 and inserting the 12 following: 13 " FTEs 366.00" Roll call was requested by Millage of Scott and Cormack of Webster. On the question "Shall amendment H-1426 be adopted?" (H.F. 760) The ayes were, 53: Alons Arnold Barry Baudler Boal Boddicker Bradley Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie Garman Greiner Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Huser Jacobs Jager Jenkins 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 The nays were, 43: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck 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 Absent or not voting, 4: Blodgett Boggess Corbett, Spkr. Grundberg Amendment H?1426 was adopted, placing amendment H-1408 filed by Millage of Scott on April 5, 1999, out of order. Myers of Johnson offered the following amendment H?1479 filed by him and moved its adoption: H-1479 1 Amend House File 760 as follows: 2 1. Page 45, by striking line 14 and inserting the 3 following: 4 " $ 11,219,158" Roll call was requested by Myers of Johnson and Siegrist of Pottawattamie. On the question "Shall amendment H-1479 be adopted?" (H.F. 760) The ayes were, 43: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May 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 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 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, 3: Boggess Corbett, Spkr. Mertz Amendment H-1479 lost. Houser of Pottawattamie offered the following amendment H?1457 filed by him and Hansen of Pottawattamie and moved its adoption: H-1457 1 Amend House File 760 as follows: 2 1. Page 45, by inserting after line 27 the 3 following: 4 "3. The department shall issue a request for 5 proposals for developmental disabilities basic support 6 and advocacy grants." 7 2. By renumbering as necessary. Amendment H?1457 was adopted. Osterhaus of Jackson asked and received unanimous consent to withdraw amendment H-1433 filed by him on April 6, 1999. Murphy of Dubuque offered amendment H?1385 filed by him as follows: H-1385 1 Amend House File 760 as follows: 2 1. Page 49, by striking line 12 and inserting the 3 following: 4 " $ 14,532,000" Murphy of Dubuque asked and received unanimous consent to withdraw amendment H-1428, to amendment H-1385, filed by him on April 6, 1999. Murphy of Dubuque offered the following amendment H?1515, to amendment H?1385, filed by him from the floor and moved its adoption: H-1515 1 Amend the amendment, H-1385, to House File 760 as 2 follows: 3 1. Page 1, by inserting before line 2 the 4 following: 5 " ___. Page 48, by striking line 29 and inserting 6 the following: 7 " $ 49,910,000"" 8 2. Page 1, by striking line 4 and inserting the 9 following: 10 "" $ 14,782,000"" Amendment H?1515 was adopted. Murphy of Dubuque moved the adoption of amendment H-1385, as amended. Amendment H?1385, as amended, lost. Murphy of Dubuque offered the following amendment H?1388 filed by him and moved its adoption: H-1388 1 Amend House File 760 as follows: 2 1. Page 50, by striking lines 17 and 18 and 3 inserting the following: 4 " $ 2,231,000 5 FTEs 26.50" Amendment H?1388 lost. Foege of Linn offered the following amendment H?1451 filed by him and moved its adoption: H-1451 1 Amend House File 760 as follows: 2 1. Page 50, by inserting after line 18, the 3 following: 4 "Sec. ___. REACTIVE ATTACHMENT DISORDER - 5 TRAINING. 6 There is appropriated from the general fund of the 7 state to the department of human services for the 8 fiscal year beginning July 1, 1999, and ending June 9 30, 2000, the following amount, or so much thereof as 10 is necessary, to develop a reactive attachment 11 disorder training program for implementation by July 12 1, 2000: 13 $ 60,000 14 The purpose of the program is to provide training 15 and education to therapists and others who provide 16 services through the department to children with 17 reactive attachment disorder. The department shall 18 consult with persons familiar with such training which 19 includes clinically accepted techniques in the 20 development of the training and education. 21 Notwithstanding section 8.33, moneys appropriated in 22 this section that remain unencumbered or unobligated 23 at the close of the fiscal year shall not revert but 24 shall remain available for expenditure for the 25 purposes designated until the close of the succeeding 26 fiscal year. For the purposes of this section, 27 "reactive attachment disorder" means a disorder 28 resulting from the lack of reasonable care and 29 nurturance, usually in the early years of life, which 30 results in the inability to establish normal, stable 31 attachments to caregivers and others." 32 2. By renumbering as necessary. Amendment H?1451 was adopted. Raecker of Polk asked and received unanimous consent to withdraw amendment H-1441 filed by him on April 6, 1999. Osterhaus of Jackson offered the following amendment H?1423 filed by him and moved its adoption: H-1423 1 Amend House File 760 as follows: 2 1. Page 57, by striking lines 11 through 17. 3 2. By renumbering as necessary. Amendment H?1423 was adopted. Houser of Pottawattamie offered the following amendment H?1480 filed by him and Heaton of Henry and moved its adoption: H-1480 1 Amend House File 760 as follows: 2 1. Page 61, by inserting after line 7 the 3 following: 4 "Sec. . HUMAN SERVICES RESTRUCTURING. The 5 legislative council is requested to authorize a human 6 services restructuring task force to consider existing 7 and proposed initiatives for improving the provision 8 of human services and other public services. If 9 created, the task force should be directed to review 10 the community empowerment initiative; the county 11 management provisions for mental health, mental 12 retardation, and developmental disabilities services, 13 referred to as Senate File 69 and the adult mental 14 health and developmental disabilities funding 15 decategorization; child welfare funding 16 decategorization and the service bundling proposal 17 developed by the legislative council's child welfare 18 work group; and other proposals for improving local 19 management of essential public services. The task 20 force should be directed to report its findings and 21 recommendations to the persons in this Act designated 22 for receipt of reports prior to the convening of the 23 general assembly in the year 2000." 24 2. By renumbering as necessary. Amendment H?1480 was adopted. Heaton of Henry asked and received unanimous consent to withdraw amendment H-1464 filed by Heaton, et al., on April 6, 1999. Heaton of Henry offered the following amendment H?1469 filed by him and moved its adoption: H-1469 1 Amend House File 760 as follows: 2 1. Page 61, by inserting after line 11, the 3 following: 4 "Sec. ___. ADOPTION SPECIAL SERVICES -- FOSTER 5 CHILD. The department shall review and shall submit 6 recommendations by December 15, 1999, to the general 7 assembly regarding all of the following: 8 1. The addition of respite care to the category of 9 special services provided to a child with physical or 10 mental disabilities or an older or otherwise hard-to- 11 place child who is adopted. The review and 12 recommendations shall include an estimate of the cost 13 of the addition and possible funding sources. 14 2. The continuation of special services to a 15 foster child following the filing of an adoption 16 petition and for a reasonable time following issuance 17 of an adoption decree relating to the child. The 18 reasonable time may be limited to not less than twenty 19 days following issuance of the adoption decree to 20 allow the adoptive parents to provide documentation of 21 efforts to obtain special services free of cost or 22 under the adoptive parent's insurance policy. The 23 review and recommendations shall include an estimate 24 of the cost of such continuation and possible funding 25 sources." 26 2. By renumbering as necessary. Amendment H?1469 was adopted. Osterhaus of Jackson offered amendment H?1443 filed by Osterhaus, et al., and requested division as follows: H-1443 1 Amend House File 760 as follows: H-1443A 2 1. Page 61, by inserting after line 33 the 3 following: 4 "DIVISION ___ 5 HAWK-I 6 Sec. ___. Section 514I.8, subsection 2, paragraph 7 c, Code 1999, is amended to read as follows: 8 c. Is a member of a family whoseadjustedgross9 income does not exceedonetwo hundredeighty-five10 percent of the federal poverty level, as defined in 42 11 U.S.C. § 9902(2), including any revision required by 12 such section. 13 Sec. ___. Section 514I.10, subsection 2, Code 14 1999, is amended to read as follows: 15 2. Cost sharing for eligible children whose family 16adjustedgrossincome is between one hundred fifty 17 percent andonetwo hundredeighty-fivepercent of the 18 federal poverty level shall include a premium or 19 copayment amount which is at least a minimum amount 20 but which does not exceed five percent of the annual 21 familyadjustedgrossincome. The amount of the 22 premium or the copayment amount shall be based on a 23 sliding fee scale established by rule which is based 24 on familyadjustedgrossincome and the size of the 25 family." H-1443B 26 2. Page 61, by inserting before line 34 the 27 following: 28 "Sec. ___. NEW SECTION. 514I.11 HAWK-I TRUST 29 FUND. 30 1. A HAWK-I trust fund is created in the state 31 treasury under the authority of the department of 32 human services, in which all appropriations and other 33 revenues of the program such as grants, contributions, 34 and participant payments shall be deposited and used 35 for the purposes of the program. The moneys in the 36 fund shall not be considered revenue of the state, but 37 rather shall be funds of the program. 38 2. The trust fund shall be separate from the 39 general fund of the state and shall not be considered 40 part of the general fund of the state. The moneys in 41 the trust fund are not subject to section 8.33 and 42 shall not be transferred, used, obligated, 43 appropriated, or otherwise encumbered, except to 44 provide for the purposes of this chapter. 45 Notwithstanding section 12C.7, subsection 2, interest 46 or earnings on moneys deposited in the trust fund 47 shall be credited to the trust fund." 48 3. By renumbering as necessary. Osterhaus of Jackson asked and received unanimous consent to withdraw amendment H-1443B. Osterhaus of Jackson moved the adoption of amendment H-1443A. Speaker Corbett in the chair at 3:10 p.m. Roll call was requested by Osterhaus of Jackson and Murphy of Dubuque. On the question "Shall amendment H-1443A be adopted?" (H.F. 760) The ayes were, 44: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors 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, 55: Alons Arnold Barry Baudler Blodgett Boal Boddicker 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 Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons^ Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett Absent or not voting, 1: Boggess Amendment H-1443A lost. MOTION TO RECONSIDER WITHDRAWN (Amendment H-1481 to House File 760) Carroll of Poweshiek asked and received unanimous consent to withdraw the motion to reconsider amendment H-1481, to 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, filed by him on April 7, 1999, and failed to be adopted by the House on April 7, 1999. 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. 760) The ayes were, 54: Alons Arnold Barry Baudler Blodgett Boal Boddicker Bradley Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett The nays were, 45: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huseman 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 Absent or not voting, 1: Boggess The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate Joint Resolution 2, a joint resolution relating to the designation of the Old State Historical Building as the Ola Babcock Miller State Office Building, with report of committee recommending passage, was taken up for consideration. Martin of Scott moved that the joint resolution be read a last time now and placed upon its adoption which motion prevailed and the joint resolution was read a last time. On the question "Shall the joint resolution be adopted and agreed to?" (S.J.R. 2) The ayes were, 90: Alons Arnold Barry Baudler Bell Blodgett Boal Bradley Brauns Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Gipp Greiner Hahn Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme^ Kreiman Kuhn Larkin Larson Lord Martin May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sunderbruch Taylor Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 10: Boddicker Boggess Brunkhorst Connors Garman Grundberg Hansen Mascher Sukup Teig The joint resolution having received a constitutional majority was declared to have been adopted and agreed to by the House. Senate File 114, a bill for an act allowing certain utility employees to operate all-terrain vehicles and snowmobiles on railroad rights of way, with report of committee recommending passage, was taken up for consideration. Welter of Jones moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 114) The ayes were, 98: Alons Arnold Barry Baudler Bell Blodgett Boal Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors 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 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, none. Absent or not voting, 2: Boddicker Boggess The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 249, a bill for an act relating to the operation and regulation of insurance companies, including the treatment of certain confidential information by the commissioner, the operation of certain types of insurance companies, and the rights and duties of insurance companies under certain policies issued in this state, with report of committee recommending passage, was taken up for consideration. Hoffman of Crawford offered the following amendment H?1434 filed by him and moved its adoption: H-1434 1 Amend Senate File 249, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 11, by striking lines 7 through 26. 4 2. By renumbering as necessary. Amendment H?1434 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. 249) The ayes were, 96: Alons Arnold Barry Baudler Bell Blodgett Boal Bradley Brauns Brunkhorst Bukta Burnett Carroll Chapman Chiodo Cohoon Connors 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 Rants Rayhons Reynolds Richardson Scherrman Schrader 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, none. Absent or not voting, 4: Boddicker Boggess Cataldo Shoultz 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 Joint Resolution 2, Senate Files 114 and 249. 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 8, 1999, amended and passed the following bill in which the concurrence of the House is asked: House File 737, a bill for an act relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the Iowa department of public health, the department of human rights, the governor's alliance on substance abuse, and the commission of veterans affairs, and providing an effective date. MICHAEL E. MARSHALL, Secretary SENATE MESSAGE CONSIDERED Senate File 464, by committee on appropriations, a bill for an act relating to the funding of, operation of, and appropriation of moneys to the college student aid commission, the department of cultural affairs, the department of education, and the state board of regents, providing related statutory changes, and providing effective dates. Read first time and referred to committee on appropriations. BILL SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on April 7, 1999, he approved and transmitted to the Secretary of State the following bill: House File 443, an act relating to permissible fees and charges which may be assessed and collected with respect to certain consumer credit transactions. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Forty-five students from Franklin Christian School, Leon. By Dolecheck of Ringgold. Thirty-two fifth grade students from Winterset Middle School, Winterset, accompanied by Mrs. Liechty and Mrs. Pottebaum. By Ford of Polk. Thirty-one sixth grade students from Nashua Elementary, Nashua, accompanied by five adults. By Weigel of Chickasaw. 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\618 Robert Amundson, West Union - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\619 Ramona and Carroll Dass, Sibley - For celebrating their 50th wedding anniversary. 1999\620 Nina and Marvin Bolkema, Sheldon - For celebrating their 50th wedding anniversary. 1999\621 Ethel and Julius Zevenbergen, Harris - For celebrating their 70th wedding anniversary. 1999\622 North High School Jazz I Band, Sioux City - For winning the 1999 State Jazz Festival. 1999\623 Helen Thomas, Ottumwa - For celebrating her 90th birthday. 1999\624 Martha "Polly" Rambow, Clutier - For celebrating her 90th birthday. 1999\625 Muriel Bro, Montour - For celebrating her 80th birthday. 1999\626 Mildred Belthuis, Dysart - For celebrating her 80th birthday. 1999\627 Jefferson Accelerated School and Dr. Sharon Orlins-Schnoor, Muscatine - For receiving a "First In The Nation In Education" Award. 1999\628 Rose Hrdlicka, Cresco - For celebrating her 100th birthday. 1999\629 Des Moines Christian Jazz Band, Des Moines - For winning the Class 1A State Jazz Championship. SUBCOMMITTEE ASSIGNMENT Senate Concurrent Resolution 11 Administration and Rules: Siegrist, Chair; Corbett and Schrader. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 245 Reassigned Ways and Means: Raecker, Chair; Jager and Shoultz. House Study Bill 259 Ways and Means: Jenkins, Chair; Holmes and Weigel. House Study Bill 260 Ways and Means: Jenkins, Chair; Chapman and Holmes. 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 ADMINISTRATION AND RULES Committee Bill (Formerly House Joint Resolution 14), to nullify an administrative rule of the secretary of state concerning preparation of descriptions of constitutional amendments and statewide public measures and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass April 8, 1999. COMMITTEE ON APPROPRIATIONS Senate File 460, a bill for an act relating to and making appropriations to certain state departments, agencies, funds, and certain other entities, providing for regulatory authority, other properly related matters, and providing effective dates. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-1514 April 8, 1999. COMMITTEE ON WAYS AND MEANS Committee Bill (Formerly House File 513), relating to certified capital companies and providing for a certified capital company insurance premium tax credit. Fiscal Note is not required. Recommended Amend and Do Pass April 8, 1999. RESOLUTION FILED SCR 11, by Iverson, Gronstal, and Kramer, a concurrent resolution requesting the United States Congress to prevent the federal government from attempting to recoup Medicaid payments from the state tobacco litigation settlement agreement moneys, and to allow the states to keep all settlement moneys, without offset. Referred to committee on administration and rules. AMENDMENTS FILED H-1514 S.F. 460 Committee on Appropriations H-1516 S.F. 280 Weigel of Chickasaw H-1517 S.F. 324 Weigel of Chickasaw H-1518 S.F. 424 Murphy of Dubuque H-1519 H.F. 570 Senate Amendment H-1520 S.F. 280 Dotzler of Black Hawk H-1521 H.F. 761 Jochum of Dubuque H-1522 H.F. 762 Falck of Fayette Whitead of Woodbury Huser of Polk Drees of Carroll H-1523 S.F. 276 Frevert of Palo Alto H-1524 S.F. 276 Osterhaus of Jackson H-1525 S.F. 405 Chapman of Linn H-1526 H.F. 737 Senate Amendment H-1527 H.F. 730 Foege of Linn H-1528 S.F. 276 Connors of Polk On motion by Siegrist of Pottawattamie the House adjourned at 4:45 p.m., until 1:00 p.m., Monday, April 12, 1999. 1168 JOURNAL OF THE HOUSE 88th Day 88th Day THURSDAY, APRIL 8, 1999 1169
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