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One Hundredth Calendar Day - Sixty-second Session Day Hall of the House of Representatives Des Moines, Iowa, Tuesday, April 20, 1999 The House met pursuant to adjournment at 8:50 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend L.C. Gebhardt, pastor of St. John Lutheran Church, Charter Oak. The Journal of Monday, April 19, 1999 was approved. PETITION FILED The following petition was received and placed on file: By Bradley of Clinton, from thirty-three constituents favoring adoption of a fuel quality standard for Iowa. TEACHER OF THE DAY Representatives Chapman of Linn and Falck of Fayette presented to the House David Griffin, teacher at McKinley Middle School in Cedar Rapids. 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 19, 1999, amended and passed the following bill in which the concurrence of the House is asked: 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. MICHAEL E. MARSHALL, Secretary LEAVE OF ABSENCE Leave of absence was granted as follows: Boal of Polk on request of Siegrist of Pottawattamie. The House stood at ease at 9:00 a.m., until the fall of the gavel. The House resumed session at 11:20 a.m., Raecker of Polk in the chair. 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 20, 1999, amended and passed the following bill in which the concurrence of the House is asked: House File 172, a bill for an act relating to adoption procedural requirements including those related to investigations, reports, and counseling. Also: That the Senate has on April 20, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 210, a bill for an act relating to the exclusion of certain transactions under the business opportunities law and providing effective and retroactive applicability dates. Also: That the Senate has on April 20, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 255, a bill for an act relating to visitation provisions between siblings under a custody order. Also: That the Senate has on April 20, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 308, a bill for an act relating to peace officer status for investigators of the department of inspections and appeals. Also: That the Senate has on April 20, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 312, a bill for an act relating to regulation of the grain industry and providing for civil penalties. Also: That the Senate has on April 20, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 186, a bill for an act providing that a county enterprise includes housing for persons who are elderly or persons with physical disabilities. Also: That the Senate has on April 20, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: 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. Also: That the Senate has on April 20, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 294, a bill for an act relating to lifetime registration for certain sex offenders, the performance of sex offender risk assessments, and the procedures for dissemination of registry information to agencies and the public. Also: That the Senate has on April 20, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 407, a bill for an act relating to registration of all-terrain vehicles and snowmobiles and providing for and applying penalties. Also: That the Senate has on April 20, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 413, a bill for an act providing for access to a safe deposit box on the death of the owner or lessee of such box, and exempting state banks and credit unions from liability associated with such access. MICHAEL E. MARSHALL, Secretary On motion by Klemme of Plymouth, the House was recessed at 11:21 a.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 1:00 p.m., Speaker pro tempore Rants in the chair. INTRODUCTION OF BILL House File 771, by administrative rules review committee, a bill for an act relating to the rules adopted by the state fire marshal applicable to certain low-occupancy residential care facilities. Read first time and referred to committee on human resources. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed seventy-one members present, twenty-nine absent. SENATE AMENDMENTS CONSIDERED Brauns of Muscatine called up for consideration House File 472, a bill for an act relating to burial sites on private property, amended by the Senate, and moved that the House concur in the following Senate amendment H-1633: H-1633 1 Amend House File 472, as amended, passed and 2 reprinted by the House, as follows: 3 1. Page 1, by striking lines 1 through 6, and 4 inserting the following: 5 "Section 1. Section 558.69, Code 1999, is amended 6 to read as follows: 7 558.69 REPORTING OF PRIVATE BURIAL SITES, WELLS, 8 DISPOSAL SITES, UNDERGROUND STORAGE TANKS, AND 9 HAZARDOUS WASTE - LIABILITY. 10 With each declaration of value submitted to the 11 county recorder under chapter 428A, there shall also 12 be submitted a statement regarding whether any known 13 private burial site is situated on the property, and 14 if a known private burial site is situated on the 15 property, the statement shall state the approximate 16 location of the site. The statement shall also state 17 that no known wells are situated on the property, or 18 if known wells are situated on the property, the 19 statement must state the approximate location of each 20 known well and its status with respect to section 21 159.29 or 455B.190. The statement shall also state 22 that no known disposal site for solid waste, as 23 defined in section 455B.301, which has been deemed to 24 be potentially hazardous by the department of natural 25 resources, exists on the property, or if such a known 26 disposal site does exist, the location of the site on 27 the property. The statement shall additionally state 28 that no known underground storage tank, as defined in 29 section 455B.471, subsection 11, exists on the 30 property, or if a known underground storage tank does 31 exist, the type and size of the tank, and any known 32 substance in the tank. The statement shall also state 33 that no known hazardous waste as defined in section 34 455B.411, subsection 3, or listed by the department 35 pursuant to section 455B.412, subsection 2, or section 36 455B.464, exists on the property, or if known 37 hazardous waste does exist, that the waste is being 38 managed in accordance with rules adopted by the 39 department of natural resources. The statement shall 40 be signed by at least one of the sellers or their 41 agents. The county recorder shall refuse to record 42 any deed, instrument, or writing for which a 43 declaration of value is required under chapter 428A 44 unless the statement required by this section has been 45 submitted to the county recorder. A buyer of property 46 shall be provided with a copy of the statement 47 submitted, and, following the fulfillment of this 48 provision, if the statement submitted reveals no 49 private burial site, well, disposal site, underground 50 storage tank, or hazardous waste on the property, the Page 2 1 county recorder may destroy the statement. The land 2 application of sludges or soils resulting from the 3 remediation of underground storage tank releases 4 accomplished in compliance with department of natural 5 resources rules without a permit is not required to be 6 reported as the disposal of solid waste or hazardous 7 waste. 8 If a declaration of value is not required, the 9 above information shall be submitted on a separate 10 form. The director of the department of natural 11 resources shall prescribe the form of the statement 12 and the separate form to be supplied by each county 13 recorder in the state. The county recorder shall 14 transmit the statements to the department of natural 15 resources at times directed by the director of the 16 department. 17 The owner of the property is responsible for the 18 accuracy of the information submitted on the form. 19 The owner's agent shall not be liable for the accuracy 20 of information provided by the owner of the property. 21 The provisions of this paragraph do not limit 22 liability which may be imposed under a contract or 23 under any other law." 24 2. Page 1, by striking lines 12 and 13, and 25 inserting the following: "person's ancestor on 26 property owned by another person,". 27 3. Page 1, by striking lines 18 through 20, and 28 inserting the following: 29 "2. Pursuant to section 558.69, the declaration of 30 value submitted to the county recorder under chapter 31 428A shall also include the existence of any known 32 private burial site situated on the property." The motion prevailed and the House concurred in the Senate amendment H-1633. Brauns of Muscatine moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 472) The ayes were, 94: Alons Arnold Barry Baudler Bell Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Davis Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers O'Brien Osterhaus Parmenter Raecker Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Rants, Presiding The nays were, none. Absent or not voting, 6: Boal Dix Gipp Jacobs Nelson Sukup The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Boggess of Taylor called up for consideration House File 721, a bill for an act relating to the Iowa egg council by providing for its administration and membership, and providing an effective date, amended by the Senate, and moved that the House concur in the following Senate amendment H-1282: H-1282 1 Amend House File 721, as passed by the House, as 2 follows: 3 1. Page 2, by striking lines 8 through 10 and 4 inserting the following: "assessment.A voting 5 member of the council shall not be a salaried employee 6 of the council or any organization or agency receiving 7 moneys from the council." 8 2. Page 2, line 14, by striking the word "All" 9 and inserting the following: "AllThe council shall 10 provide a bond for all". 11 3. Page 2, by striking line 15 and inserting the 12 following: "shallprovideabondinanamount13requiredbythecouncil." The motion prevailed and the House concurred in the Senate amendment H-1282. Boggess of Taylor moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 721) The ayes were, 89: Alons Arnold Barry Baudler Bell Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Cormack Davis Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greiner Grundberg Hahn Hansen Heaton Holmes Holveck Horbach Houser Huseman Huser Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin^ Mascher May Mertz Millage Mundie Murphy Myers O'Brien Osterhaus Parmenter Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Witt Rants, Presiding The nays were, none. Absent or not voting, 11: Boal Corbett, Spkr. Dix Gipp Hoffman Jacobs Metcalf Nelson Raecker Sukup Wise The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 472 and 721. Millage of Scott called up for consideration House File 660, a bill for an act relating to certain property of a debtor which is exempt from execution, and providing an effective date and for the Act's applicability, amended by the Senate, and moved that the House concur in the following Senate amendment H-1634: H-1634 1 Amend House File 660, as passed by the House, as 2 follows: 3 1. Page 1, by striking lines 22 through 33 and 4 inserting the following: 5 "(3) For simplified employee pension plans, self- 6 employed pension plans, Keogh plans (also known as 7 H.R. 10 plans), individual retirement accounts, Roth 8 individual retirement accounts, savings incentive 9 matched plans for employees, salary reduction 10 simplified employee pension plans (also known as 11 SARSEPs), and similar plans for retirement investments 12 authorized in the future under federal law, the 13 exemption for contributions shall not exceed, for each 14 tax year of contributions, the actual amount of the 15 contribution or two thousand dollars, whichever is 16 less. The exemption for accumulated earnings and 17 market increases in value of plans under this 18 subparagraph shall be limited to an amount determined 19 by multiplying all the accumulated earnings and market 20 increases in value by a fraction, the numerator of 21 which is the total amount of exempt contributions as 22 determined by this subparagraph, and the denominator 23 of which is the total of exempt and nonexempt 24 contributions to the plan. 25 For purposes of this paragraph "f", "market 26 increases in value" shall include, but shall not be 27 limited to, dividends, stock splits, interest, and 28 appreciation. "Contributions" means contributions by 29 the debtor and by the debtor's employer." The motion prevailed and the House concurred in the Senate amendment H-1634. Millage of Scott moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 660) The ayes were, 94: Alons Arnold Barry Baudler Bell Blodgett 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 Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Holmes Holveck Horbach Huseman Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson Osterhaus Parmenter Raecker Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell^ Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Rants, Presiding The nays were, none. Absent or not voting, 6: Boal Corbett, Spkr. Hoffman Houser Huser O'Brien The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Unfinished Business Calendar Senate File 337, a bill for an act relating to landlords' and tenants' relations, by providing notice requirements, establishing a tenant's duty to properly maintain utility facilities, and providing for other properly related matters and an effective date, with report of committee recommending amendment and passage, was taken up for consideration. Carroll of Poweshiek offered amendment H-1339 filed by the committee on local government as follows: H-1339 1 Amend Senate File 337, as passed by the Senate, as 2 follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. Section 555C.3, Code 1999, is amended 6 to read as follows: 7 555C.3 NEW TITLE - THIRD PARTY. 8 If a new title to a valueless home is to be issued 9 to a third partywhoisremovingavaluelesshome, the 10 county treasurer shall issue, upon receipt of the 11 affidavit required in section 555C.2, a new title upon 12 payment of a fee equal to the fee specified in section 13 321.42 for replacement certificates of title for 14 vehicles. Any tax lien levied pursuant to chapter 435 15 is canceled and the ownership interest of the previous 16 owner or occupant of the valueless home is terminated 17 as of the date of issuance of the new title. The new 18 title owner shall take the title free of all rights 19 and interests even though the mobile home park owner 20 fails to comply with the requirements of this chapter 21 or any judicial proceedings, if the new title owner 22 acts in good faith." 23 2. Page 3, line 17, by inserting after the word 24 "services." the following: "This subsection shall not 25 apply to a tenant who does not own the mobile home." 26 3. Title page, line 3, by inserting after the 27 word "facilities," the following: "issuing new titles 28 for valueless homes to third parties,". Huser of Polk offered the following amendment H?1372, to the committee amendment H?1339, filed by her and Carroll of Poweshiek and moved its adoption: H-1372 1 Amend the committee amendment, H-1339, to Senate 2 File 337, as passed by the Senate, as follows: 3 1. Page 1, by striking line 5 and inserting the 4 following: 5 "Sec. ___. Section 555C.2, Code 1999, is amended 6 to read as follows: 7 555C.2 REMOVAL OR TRANSFER OF TITLE OF VALUELESS 8 HOME - PRESUMPTION OF VALUE. 9 1. An owner of a mobile home park may remove, or 10 cause to be removed, from the mobile home park a 11 valueless home and personal property associated with 12 the home at any time following a determination of 13 abandonment by the mobile home park owner in 14 accordance with section 562B.27, subsection 1, and an 15 order of removal pursuant to chapter 648 without 16 further notice to the owner or occupant of the 17 valueless home. Within ten days of the removal or 18 transfer of title, the mobile home park owner shall 19 give written notice to the county treasurer for the 20 county in which the mobile home park is located by 21 affidavit which shall include a description of the 22 valueless home, its owner or occupant, if known, the 23 date of removal or transfer of title, and if 24 applicable, the name and address of any third party to 25 whom a new title shall be issued. 26 2. A valueless home and any personal property 27 associated with the valueless home shall be 28 conclusively deemed in value to be equal to or less 29 than the reasonable cost of disposal plus all sums 30 owing to the mobile home park owner pertaining to the 31 valueless home, if the mobile home park owner or an 32 agent of the owner removes the home and personal 33 property to a demolisher, sanitary landfill, or other 34 lawful disposal site or if the mobile home park owner 35 allows a disinterested third party to remove the 36 valueless home and personal property or to leave the 37 home in the mobile home park in a transaction in which 38 the mobile home park owner receives no consideration. 39 Sec. ___. Section 555C.3, Code 1999, is amended". 40 2. Page 1, by striking line 22 and inserting the 41 following: "acts in good faith. 42 Sec. ___. Section 555C.5, Code 1999, is amended to 43 read as follows: 44 555C.5 LIABILITY LIMITED. 45 A person who removes or allows the removal of a 46 valueless home or transfers title or allows the 47 transfer of title of a valueless home as provided in 48 this chapter is not liable to the previous owner of 49 the valueless home due to the removal or transfer of 50 title of the valueless home." Amendment H?1372 was adopted. Carroll of Poweshiek moved the adoption of the committee amend- ment H-1339, as amended. The committee amendment H-1339, as amended, was adopted. Carroll of Poweshiek offered the following amendment H?1548 filed by him and moved its adoption: H-1548 1 Amend Senate File 337, as passed by the Senate, as 2 follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. Section 555B.1, subsection 2, Code 6 1999, is amended to read as follows: 7 2. "Claimant" includes but is not limited to any 8 government subdivision with authority to levy a tax on 9 abandoned personal property. "Claimant" also includes 10 a holder of a lien as defined in section 555B.2." 11 2. Page 3, by inserting after line 17 the 12 following: 13 "Sec. . Section 562B.27, subsection 2, 14 paragraph a, Code 1999, is amended to read as follows: 15 a. If a tenant abandons a mobile home on a mobile 16 home space, the landlord shall notify the mobile home 17 owner or other claimant of the mobile home and 18 communicate to that person that the person is liable 19 for any costs incurred for the mobile home space, 20 including rent and utilities due and owing. A 21 claimant includes a holder of a lien as defined in 22 section 555B.2. However, the person is only liable 23 for costs incurred ninety days before the landlord's 24 communication. After the landlord's communication, 25 costs for which liability is incurred shall then 26 become the responsibility of the mobile home owner or 27 other claimant of the mobile home. The mobile home 28 shall not be removed from the mobile home space 29 without a signed written agreement from the landlord 30 showing clearance for removal, and that all debts are 31 paid in full, or an agreement reached with the mobile 32 home owner or other claimant and the landlord." Speaker Corbett in the chair at 1:35 p.m. Amendment H?1548 was adopted. Carroll of Poweshiek moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 337) The ayes were, 83: Alons Arnold Barry Baudler Bell Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Cohoon Connors Cormack Davis Dix Dolecheck Drake Drees Eddie Falck Fallon Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huser Jacobs Jager Jenkins Johnson Kettering Klemme Kuhn Larkin Larson Lord Martin May Mertz Metcalf Millage Mundie Myers Nelson O'Brien Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Siegrist Stevens Sukup Sunderbruch Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 14: Chapman Doderer Foege Ford Holveck Jochum Kreiman Mascher Murphy Osterhaus Parmenter Shoultz Taylor Weigel Absent or not voting, 3: Boal Dotzler Huseman The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House File 660 and Senate File 337. 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 20, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 8, a bill for an act relating to coverage under a policy or contract providing for third-party payment or prepayment of health or medical expenses by providing coverage for costs associated with equipment, supplies, and education for the treatment of diabetes. Also: That the Senate has on April 20, 1999, refused to concur in the House amendment to the following bill in which the concurrence of the Senate was asked: Senate File 248, a bill for an act relating to acquired immune deficiency syndrome, providing penalties, and providing for a repeal. Also: That the Senate has on April 20, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: 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. MICHAEL E. MARSHALL, Secretary House File 720, a bill for an act relating to practices involving the marketing of livestock by packers, by prohibiting price discrimina- tion, requiring reporting, and providing criminal penalties and civil remedies, was taken up for consideration. Klemme of Plymouth offered the following amendment H?1640 filed by him and moved its adoption: H-1640 1 Amend House File 720 as follows: 2 1. By striking everything after the enacting 3 clause and inserting the following: 4 "Section 1. Section 22.7, Code 1999, is amended by 5 adding the following new subsection: 6 NEW SUBSECTION. 38. Information revealing the 7 identity of a packer or a person who sells livestock 8 to a packer as reported to the department of 9 agriculture and land stewardship pursuant to section 10 172C.2. 11 Sec. 2. NEW SECTION. 172C.1 DEFINITIONS. 12 1. "Department" means the department of 13 agriculture and land stewardship. 14 2. "Livestock" means live cattle, swine, or sheep. 15 3. "Packer" means a person who is engaged in the 16 business of slaughtering livestock or receiving, 17 purchasing, or soliciting livestock for slaughter, if 18 the meat products of the slaughtered livestock which 19 are directly or indirectly to be offered for resale or 20 for public consumption and the meat products have a 21 total annual value of ten million dollars or more. As 22 used in this chapter, "packer" includes an agent of 23 the packer engaged in buying or soliciting livestock 24 for slaughter on behalf of a packer. "Packer" does 25 not include a frozen food locker plant regulated under 26 chapter 172. 27 Sec. 3. NEW SECTION. 172C.2 PURCHASE REPORTS -- 28 FILING. 29 1. A packer shall file purchase reports with the 30 department which include information relating to the 31 purchase of livestock as required by the department. 32 The purchase reports shall be completed in a manner 33 prescribed by the department. The department may 34 require that purchase reports be filed in an 35 electronic format. A packer shall file purchase 36 reports at times determined practicable by the 37 department, but not later than two business days 38 following the event being reported. 39 2. a. The information required to be reported may 40 include but is not limited to livestock purchased, 41 committed for delivery, or slaughtered. The 42 information may include the volume of daily purchases 43 and the weight, grade, and price paid for livestock, 44 including all premiums, discounts, or adjustments. If 45 livestock is purchased pursuant to contract, the 46 department may require that information in the 47 purchase report be categorized by the type of 48 contract. The purchase reports shall allow the 49 department to compare prices paid under contract with 50 cash market prices. Page 2 1 b. This section does not require that information 2 reported include future plans, events, or 3 transactions, unless provided for by contract. 4 3. The department may provide for the public 5 dissemination of information contained in purchase 6 reports. 7 a. The department may enter into an agreement with 8 the United States department of agriculture or any 9 private marketing service in order to disseminate 10 information contained in purchase reports. 11 b. The department, in consultation with the office 12 of attorney general, shall designate information in 13 purchase reports that reveals the identity of a packer 14 or livestock seller as confidential pursuant to 15 section 22.7. 16 Sec. 4. NEW SECTION. 172C.3 PURCHASE NOTICE -- 17 POSTING. 18 1. a. A packer shall post a purchase notice which 19 includes information relating to the purchase of 20 livestock as required by the department. The 21 information contained in the purchase notice shall 22 include a summary of information required to be filed 23 in purchase reports as provided in section 172C.2. 24 b. This section does not require that information 25 contained in a purchase notice include future plans, 26 events, or transactions unless provided for by 27 contract. 28 2. The information contained in the purchase 29 notice shall appear in a format that can be understood 30 by a reasonable person familiar with selling 31 livestock. The notice shall be posted in a 32 conspicuous place at the point of delivery in a manner 33 prescribed by the department. 34 Sec. 5. NEW SECTION. 172C.4 CONFIDENTIALITY 35 PROVISIONS IN CONTRACTS PROHIBITED. 36 1. A packer shall not include a provision in a 37 contract executed on or after the effective date of 38 this section for the purchase of livestock providing 39 that information contained in the contract is 40 confidential. 41 2. A provision which is part of a contract for the 42 purchase of livestock executed on and after the 43 effective date of this section for the purchase of 44 livestock is void, if the provision states that 45 information contained in the contract is confidential. 46 The provision is void regardless of whether the 47 confidentiality provision is express or implied; oral 48 or written; required or conditional; contained in the 49 contract, another contract, or in a related document, 50 policy, or agreement. This section does not affect Page 3 1 other provisions of a contract or a related document, 2 policy, or agreement which can be given effect without 3 the voided provision. This section does not require 4 either party to the contract to divulge the 5 information in the contract to another person. 6 Sec. 6. NEW SECTION. 172C.5 RULES. 7 1. The department, in consultation with the office 8 of attorney general, shall adopt rules necessary in 9 order to administer this chapter. 10 2. The department may establish different rules 11 according to the species of livestock governing all of 12 the following: 13 a. Purchase reporting requirements pursuant to 14 section 172C.2. 15 b. Purchase notice posting requirements pursuant 16 to section 172C.3. 17 Sec. 7. NEW SECTION. 172C.6 ENFORCEMENT. 18 1. a. The attorney general's office is the 19 primary agency responsible for enforcing this chapter. 20 b. The department shall notify the attorney 21 general's office if the department has reason to 22 believe that a violation of section 172C.2 has 23 occurred. 24 2. In enforcing the provisions of this chapter, 25 the attorney general may do all of the following: 26 a. Apply to the district court for an injunction 27 to do any of the following: 28 (1) Restrain a packer from engaging in conduct or 29 practices in violation of this chapter. 30 (2) Require a packer to comply with a provision of 31 this chapter. 32 b. Apply to district court for the issuance of a 33 subpoena to obtain contracts, documents, or other 34 records for purposes of enforcing this chapter. 35 c. Bring an action in district court to enforce 36 penalties provided in this chapter, including the 37 imposition, assessment, and collection of monetary 38 penalties. 39 3. The attorney general shall have access to all 40 information reported by packers pursuant to section 41 172C.2, regardless of whether the information is 42 confidential. The attorney general may use the 43 information in order to enforce this chapter or may 44 submit the information to a federal agency. 45 Sec. 8. NEW SECTION. 172C.7 PENALTIES. 46 1. A packer who fails to file a timely, accurate, 47 or complete purchase report as required pursuant to 48 section 172C.2 is subject to a civil penalty of not 49 more than five thousand dollars. Each failure by a 50 packer to file a timely, accurate, or complete Page 4 1 purchase report constitutes a separate violation. 2 2. A packer who fails to post a timely, accurate, 3 or complete purchase notice as required pursuant to 4 section 172C.3 is subject to a civil penalty of not 5 more than one thousand dollars. Each failure by a 6 packer to post a timely, accurate, or complete 7 purchase notice constitutes a separate violation. 8 3. A packer who includes a confidentiality 9 provision in a contract with a livestock seller in 10 violation of section 172C.4 is guilty of a fraudulent 11 practice as provided in section 714.8. 12 Sec. 9. Section 714.8, Code 1999, is amended by 13 adding the following new subsection: 14 NEW SUBSECTION. 17. A packer who includes a 15 confidentiality provision in a contract with a 16 livestock seller in violation of section 172C.4. 17 Sec. 10. APPLICABILITY. A packer shall provide 18 purchase reports to the department of agriculture and 19 land stewardship as required in section 172C.2 and 20 shall post a purchase notice as provided in section 21 172C.3, as enacted in this Act, for each species of 22 livestock as defined in section 172C.1, as enacted in 23 this Act, in accordance with rules adopted by the 24 department governing that species. 25 Sec. 11. FUTURE REPEAL OF SECTIONS AND ELIMINATION 26 OF PROVISIONS - IMPLEMENTATION OF FEDERAL STATUTES 27 AND REGULATIONS. 28 1. Subject to subsection 2, all of the following 29 shall apply: 30 a. If the federal government implements a statute 31 or regulation that is substantially similar to or more 32 stringent than purchase reporting requirements 33 provided in section 172C.2 and penalties provided in 34 section 172C.7, subsection 1, as enacted by this Act, 35 all of the following shall apply: 36 (1) Section 172C.2 is repealed. 37 (2) All of the following sections are amended as 38 follows: 39 (a) Section 22.7, subsection 38, by striking the 40 subsection. 41 (b) Section 172C.5, subsection 2, paragraph "a", 42 by striking the paragraph. 43 (c) Section 172C.6, subsection 1, paragraph "b", 44 by striking the paragraph. 45 (d) Section 172C.6, subsection 3, by striking the 46 subsection. 47 (e) Section 172C.7, subsection 1, by striking the 48 subsection. 49 b. If the federal government implements a statute 50 or regulation that is substantially similar to or more Page 5 1 stringent than purchase notice requirements provided 2 in section 172C.3 and penalties provided in section 3 172C.7, subsection 2, as enacted by this Act, all of 4 the following shall apply: 5 (1) Section 172C.3 is repealed. 6 (2) All of the following sections are amended as 7 follows: 8 (a) Section 172C.5, subsection 2, paragraph "b", 9 by striking the paragraph. 10 (b) Section 172C.7, subsection 2, by striking the 11 subsection. 12 c. If the federal government implements a statute 13 or regulation that is substantially similar to or more 14 stringent than purchase reporting requirements and 15 penalties as described in paragraph "a" and purchase 16 notice requirements and penalties as described in 17 paragraph "b", section 172C.5, subsection 2, is 18 amended by striking the subsection. 19 2. Paragraph "a", "b", or "c", as provided in 20 subsection 1, shall become applicable only upon a 21 finding by the secretary of agriculture that the 22 federal government has implemented a statute or 23 regulation as provided in that specific paragraph in 24 accordance with an order issued by the secretary of 25 agriculture and filed with the secretary of state. 26 The secretary of agriculture shall issue an order only 27 after consulting with the attorney general. 28 3. The secretary of agriculture shall forward a 29 copy of an order issued under this section to all of 30 the following: 31 a. The governor. 32 b. The secretary of the senate and the chief clerk 33 of the house of representatives. 34 c. The attorney general. 35 d. The Code editor and the administrative code 36 editor. 37 4. The Code editor may recommend that any 38 provision of chapter 172C, as enacted in this Act, be 39 amended or eliminated in a Code editor's bill as 40 necessary in order to conform the provisions of the 41 chapter as provided in this section. 42 Sec. 12. RULEMAKING. The department of 43 agriculture and land stewardship shall commence 44 rulemaking as required in section 172C.5, as enacted 45 in this Act, as soon as practicable upon the enactment 46 of this Act. However, rules adopted by the department 47 shall not be made effective prior to July 1, 2000, for 48 a provision of this Act that takes effect on that 49 date. 50 Sec. 13. EFFECTIVE DATES. Page 6 1 1. Except as provided in subsection 2, this Act 2 takes effect on July 1, 2000. 3 2. Section 172C.4, section 172C.6, subsection 2, 4 section 172C.7, subsection 3, section 714.8, 5 subsection 17, section 12, and this section as enacted 6 by this Act, being deemed of immediate importance, 7 take effect upon enactment." 8 2. Title page, by striking lines 2 through 4 and 9 inserting the following: "and concerning packers, by 10 providing for the regulation of certain purchase 11 information and contracting, and providing penalties 12 and effective dates." Amendment H?1640 was adopted, placing amendment H-1268 filed by Klemme of Plymouth on March 25, 1999, out of order. SENATE FILE 436 SUBSTITUTED FOR HOUSE FILE 720 Klemme of Plymouth asked and received unanimous consent to substitute Senate File 436 for House File 720. Senate File 436, a bill for an act relating to practices involving the marketing of livestock concerning packers, by providing for the regulation of certain purchase information and contracting, and pro- viding penalties and effective dates, was taken up for consideration. Drees of Carroll offered the following amendment H?1685 filed by Drees, et al., and moved its adoption: H-1685 1 Amend Senate File 436, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 6, by striking the figure 4 "172C.2" and inserting the following: "172C.3". 5 2. Page 1, by inserting after line 20 the 6 following: 7 "Sec. ___. NEW SECTION. 172C.2 PRICE 8 DISCRIMINATION - PROHIBITION. 9 1. Except as provided in subsection 2, a packer 10 purchasing or soliciting livestock or executing a 11 contract for the purchase of livestock shall not 12 discriminate in the price paid or offered to be paid 13 to sellers of that livestock. 14 2. Subsection 1 shall not apply if all of the 15 following requirements are met: 16 a. The price difference is based on criteria 17 established by rules adopted by the department in 18 consultation with the office of attorney general. The 19 rules shall permit differential pricing based on any 20 of the following: 21 (1) Carcass merit, including the quality of the 22 carcass and premium characteristics associated with 23 the livestock which may include its breed. 24 (2) Actual and quantifiable costs related to 25 transporting and acquiring of the livestock by the 26 packer. 27 (3) An agreement for the delivery of livestock at 28 a specified date or time. The specified date or time 29 must occur during a period in which the supply of 30 livestock cannot meet existing slaughter capacity. 31 b. After making a differential payment to a 32 seller, the packer publishes information relating to 33 the differential pricing as provided in paragraph "a", 34 and that the packer offers to purchase livestock or 35 execute a contract for the purchase of livestock 36 according to the same terms and conditions offered to 37 other sellers under a differential pricing 38 arrangement. 39 3. A packer shall provide all sellers with the 40 same terms and conditions offered to a seller who 41 receives a differential price based on any of the 42 criteria described in subsection 2, paragraph "a". 43 4. An agreement made by a packer in violation of 44 this section is voidable by the seller of the 45 livestock. 46 5. A packer acting in violation of this section is 47 guilty of a fraudulent practice as provided in chapter 48 714. 49 6. Any person injured by a violation of this 50 section may bring an action in district court to Page 2 1 restrain a packer from violating this section. A 2 seller who receives a discriminatory price or who is 3 offered only a discriminatory price for livestock 4 based upon a violation of this section by a packer, 5 has a civil cause of action against the packer and, if 6 successful, shall be awarded treble damages." 7 3. Page 1, line 21, by striking the figure 8 "172C.2" and inserting the following: "172C.3". 9 4. Page 2, line 19, by striking the figure 10 "172C.3" and inserting the following: "172C.4". 11 5. Page 2, line 25, by striking the figure 12 "172C.2" and inserting the following: "172C.3". 13 6. Page 2, line 34, by striking the figure 14 "172C.4" and inserting the following: "172C.5". 15 7. Page 3, line 18, by striking the figure 16 "172C.5" and inserting the following: "172C.6". 17 8. Page 3, by inserting after line 23 the 18 following: 19 " ___. Price disclosure requirements pursuant to 20 section 172C.2". 21 9. Page 3, line 25, by striking the figure 22 "172C.2" and inserting the following: "172C.3". 23 10. Page 3, line 27, by striking the figure 24 "172C.3" and inserting the following: "172C.4". 25 11. Page 3, line 28, by striking the figure 26 "172C.6" and inserting the following: "172C.7". 27 12. Page 3, line 33, by striking the figure 28 "172C.2" and inserting the following: "172C.3". 29 13. Page 4, line 14, by striking the figure 30 "172C.2" and inserting the following: "172C.3". 31 14. Page 4, line 19, by striking the figure 32 "172C.7" and inserting the following: "172C.8". 33 15. Page 4, by inserting after line 19 the 34 following: 35 "1. A packer who discriminates in prices paid for 36 livestock in violation of section 172C.2 is subject to 37 a civil penalty of not more than five thousand 38 dollars." 39 16. Page 4, line 22, by striking the figure 40 "172C.2" and inserting the following: "172C.3". 41 17. Page 4, line 28, by striking the figure 42 "172C.3" and inserting the following: "172C.4". 43 18. Page 4, line 34, by striking the figure 44 "172C.4" and inserting the following: "172C.5". 45 19. Page 5, line 5, by striking the figure 46 "172C.4" and inserting the following: "172C.5". 47 20. Page 5, line 8, by striking the figure 48 "172C.2" and inserting the following: "172C.3". 49 21. Page 5, line 9, by striking the figure 50 "172C.3" and inserting the following: "172C.4". Page 3 1 22. Page 5, line 21, by striking the figure 2 "172C.2" and inserting the following: "172C.3". 3 23. Page 5, line 21, by striking the figure 4 "172C.7" and inserting the following: "172C.8". 5 24. Page 5, line 21, by striking the figure "1" 6 and inserting the following: "2". 7 25. Page 5, line 23, by striking the figure 8 "172C.2" and inserting the following: "172C.3". 9 26. Page 5, line 27, by striking the figure 10 "172C.5" and inserting the following: "172C.6". 11 27. Page 5, line 27, by striking the word "a" and 12 inserting the following: "b". 13 28. Page 5, line 29, by striking the figure 14 "172C.6" and inserting the following: "172C.7". 15 29. Page 5, line 31, by striking the figure 16 "172C.6" and inserting the following: "172C.7". 17 30. Page 5, line 33, by striking the figure 18 "172C.7" and inserting the following: "172C.8". 19 31. Page 5, line 33, by striking the figure "1" 20 and inserting the following: "2". 21 32. Page 6, line 2, by striking the figure 22 "172C.3" and inserting the following: "172C.4". 23 33. Page 6, line 3, by striking the figure 24 "172C.7" and inserting the following: "172C.8". 25 34. Page 6, line 3, by striking the figure "2" 26 and inserting the following: "3". 27 35. Page 6, line 5, by striking the figure 28 "172C.3" and inserting the following: "172C.4". 29 36. Page 6, line 7, by striking the figure 30 "172C.5" and inserting the following: "172C.6". 31 37. Page 6, line 7, by striking the figure "b" 32 and inserting the following: "c". 33 38. Page 6, line 9, by striking the figure 34 "172C.7" and inserting the following: "172C.8". 35 39. Page 6, line 9, by striking the figure "2" 36 and inserting the following: "3". 37 40. Page 6, line 15, by striking the figure 38 "172C.5" and inserting the following: "172C.6". 39 41. Page 6, by striking line 16 and inserting the 40 following: "subsection 2, paragraph "b" and "c", are 41 amended by striking the paragraphs." 42 42. Page 7, line 3, by striking the figure 43 "172C.5" and inserting the following: "172C.6". 44 43. Page 7, line 10, by striking the figure 45 "172C.4" and inserting the following: "172C.2, 46 172C.5". 47 44. Page 7, line 10, by striking the figure 48 "172C.6" and inserting the following: "172C.7". 49 45. Page 7, line 11, by striking the figure 50 "172C.7" and inserting the following: "172C.8". Page 4 1 46. Page 7, line 11, by striking the word and 2 figure "subsection 3" and inserting the following: 3 "subsections 1 and 4". 4 47. Title page, line 2, by inserting after the 5 word "certain" the following: "pricing practices,". 6 48. Title page, line 3, by striking the word 7 "information" and inserting the following: 8 "information,". 9 49. By renumbering as necessary. Roll call was requested by Drees of Carroll and Schrader of Marion. On the question "Shall amendment H-1685 be adopted?" (S.F. 436) The ayes were, 45: Bell Bradley Bukta Burnett Cataldo Chapman Chiodo Cohoon Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Garman Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 53: Alons Arnold Barry Baudler Blodgett Boddicker Boggess Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie 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, 2: Boal Connors Amendment H?1685 lost. Mundie of Webster offered the following amendment H?1684 filed by him and Kuhn of Floyd and moved its adoption: H-1684 1 Amend Senate File 436, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 29, by striking the words "two 4 business days" and inserting the following: "the end 5 of the business day". Amendment H?1684 lost. Frevert of Palo Alto offered the following amendment H-1683 filed by Frevert, et al., and moved its adoption: H-1683 1 Amend Senate File 436, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 31, by striking the letter "a." 4 2. Page 2, by striking lines 6 through 8. 5 3. Page 2, line 9, by striking the word "may" and 6 inserting the following: "shall". 7 4. Page 2, line 20, by striking the letter "a." 8 5. Page 2, by striking lines 26 through 28. 9 6. Page 3, line 2, by inserting after the word 10 "executed" the following: ", amended, or in force". 11 7. Page 3, line 6, by inserting after the word 12 "executed" the following: ", amended, or in force". 13 8. Page 3, by striking lines 15 through 17, and 14 inserting the following: "be given effect without the 15 voided provision." Roll call was requested by Frevert of Palo Alto and Scherrman of Dubuque. Rule 75 was invoked. On the question "Shall amendment H-1683 be adopted?" (S.F. 436) The ayes were, 45: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Garman Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 53: Alons Arnold Barry Baudler Blodgett Boddicker Boggess Bradley Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie 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, 2: Boal Brauns Amendment H?1683 lost. Mertz of Kossuth offered the following amendment H?1649 filed by Frevert, et al., and moved its adoption: H-1649 1 Amend Senate File 436, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 7, by striking lines 4 through 6 and 4 inserting the following: "upon the enactment of this 5 Act." 6 2. Page 7, by striking lines 7 through 13 and 7 inserting the following: 8 "Sec. ___. EFFECTIVE DATE. This Act, being deemed 9 of immediate importance, takes effect upon enactment." 10 3. Title page, by striking line 4 and inserting 11 the following: "and an effective date." Roll call was requested by Mertz of Kossuth and Schrader of Marion. On the question "Shall amendment H-1649 be adopted?" (S.F. 436) The ayes were, 46: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Garman Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Thomson Warnstadt Weigel Whitead Wise Witt The nays were, 53: Alons Arnold Barry Baudler Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie 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 Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett Absent or not voting, 1: Boal Amendment H?1649 lost. Mundie of Webster offered the following amendment H?1701 filed by him from the floor and moved its adoption: H-1701 1 Amend Senate File 436, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 7, by inserting after line 6 the 4 following: 5 "Sec. ___. LIVESTOCK CONTRACTING STUDY. The 6 legislative council is requested to establish an 7 interim committee to study issues relating to 8 practices involving contracts for the production and 9 marketing of livestock, including but not limited to 10 contracts executed by packers and cooperative 11 associations. The interim committee shall report the 12 findings and recommendations of its study, including 13 any proposed legislation, as required by the 14 legislative council prior to the 2000 Session of the 15 Seventy-eighth General Assembly." 16 2. By renumbering as necessary. Amendment H?1701 lost. Siegrist of Pottawattamie asked and received unanimous consent that Senate File 436 be deferred and that the bill retain its place on the calendar. SPECIAL PRESENTATION Nelson of Marshall and Burnett of Story presented to the House the Iowa State Cyclones Women's Basketball Team. The House rose and expressed its welcome. ADOPTION OF HOUSE RESOLUTION 13 Siegrist of Pottawattamie asked and received unanimous consent for the immediate consideration of House Resolution 13, a resolution congratulating the Iowa State Cyclones Women's Basketball Team, and moved its adoption. The motion prevailed and the resolution was adopted. The House resumed consideration of Senate File 436. Klemme of Plymouth 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. 436) The ayes were, 98: Alons Arnold Barry Baudler Bell Blodgett 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 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 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: Boal Millage The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 720 WITHDRAWN Klemme of Plymouth asked and received unanimous consent to withdraw House File 720 from further consideration by the House. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 436 be immediately messaged to the Senate. Senate File 449, a bill for an act relating to public policy involving the use of the English language and assistance to legal immigrants and foreign nationals and providing a future repeal, with report of committee recommending passage, was taken up for consideration. Dotzler of Black Hawk offered amendment H-1635 filed by Dotzler, et al., as follows: H-1635 1 Amend Senate File 449, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. By striking everything after the enacting 4 clause and inserting the following: 5 "Section 1. Section 84A.5, subsection 6, Code 6 1999, is amended by adding the following new 7 paragraph: 8 NEW PARAGRAPH. f. The centers for new Iowans 9 established under section 84A.10. 10 Sec. 2. NEW SECTION. 84A.10 CENTERS FOR NEW 11 IOWANS. 12 1. For the purposes of this section, unless the 13 context otherwise requires, "foreign national" means a 14 person who is not a citizen of the United States, 15 including but not limited to a refugee, asylum seeker, 16 lawful permanent resident, and holder of a temporary 17 visa. 18 2. a. The department shall establish centers for 19 new Iowans to provide immigration counseling, 20 technical assistance, and referral services to persons 21 who are legal immigrants or foreign nationals who want 22 to work and reside or temporarily stay in this state. 23 A center shall be located so as to work in association 24 with each workforce development center established 25 under chapter 84B. The location of a center for new 26 Iowans and the provider of that center's services 27 shall be determined by the regional advisory board for 28 the service delivery area in which the associated 29 workforce development center is located. 30 b. A center may collaborate with the bureau of 31 refugee services in the department of human services, 32 with corporations, or with any other person in 33 providing assistance to refugees, but shall not 34 duplicate services to refugees. The department may 35 contract with a nonprofit agency for the 36 administration and operation of a center. 37 c. The department shall allocate funding among the 38 service delivery areas defined in section 84B.2 in 39 proportion to the number of legal immigrants and 40 foreign nationals in each service delivery area who 41 have not resided in Iowa for more than five years as 42 compared to the total number of legal immigrants and 43 foreign nationals in the state as a whole who have not 44 resided in Iowa for more than five years. The 45 department may reallocate funds which remain 46 unobligated as of March 1 of the fiscal year, based 47 upon demand. The department may use any relevant 48 source of information to determine the number of legal 49 immigrants and foreign nationals in the service 50 delivery areas and in the state. Page 2 1 3. A center's services and activities to persons 2 who are legal immigrants or foreign nationals shall 3 include but are not limited to all of the following: 4 a. Providing such persons with the name, address, 5 and telephone number of all providers of appropriate 6 English language instruction in the area. The center 7 may also directly or indirectly provide English 8 language instruction. 9 b. Providing information and assistance concerning 10 current immigration trends and laws. 11 c. Acting as a referral center to connect such 12 persons with appropriate support agencies and 13 programs. Services and programs may include but are 14 not limited to any of the following: 15 (1) Legal aid. 16 (2) Client outreach information and referral. 17 (3) Employment assistance in cooperation with 18 workforce development centers. This assistance may 19 include training center staff to assist legal 20 immigrants and foreign nationals in understanding 21 social and cultural mores, etiquette, business 22 practices, health care services, and other fundamental 23 information for living in Iowa. 24 (4) Liaison services with the United States 25 immigration and naturalization service and 26 congressional offices. 27 (5) Language translation of brochures and other 28 information directly relating to programs and services 29 for legal immigrants and foreign nationals that are 30 distributed by public and private agencies. 31 d. Serving as an educational resource to employers 32 and the public regarding concerns and issues connected 33 with employment of legal immigrants and foreign 34 nationals. 35 e. Providing language translation services to 36 assist legal immigrants and foreign nationals with 37 health care needs. 38 f. Providing language translation services to 39 assist legal immigrants and foreign nationals with 40 legal issues, including dealing with civil cases and 41 working cooperatively with Iowa legal aid societies 42 and other providers of legal services to provide the 43 assistance. 44 4. Staffing for a center may include a licensed 45 attorney who is knowledgeable regarding immigration 46 law, an education and referral counselor, support 47 staff, and other necessary employees. 48 5. A center may charge fees for services. 49 6. A center may receive funding from any public or 50 private source and expend the funding for any purpose Page 3 1 authorized in this section. 2 7. This section is repealed on July 1, 2004." 3 2. By renumbering as necessary. Cormack of Webster offered amendment H?1707, to amendment H?1635, filed by him and Johnson of Osceola from the floor as follows: H-1707 1 Amend the amendment, H-1635, to Senate File 449, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by inserting after line 4 the 5 following: 6 "Sec. ___. NEW SECTION. 7A.1A OFFICIAL LANGUAGE. 7 The official language of the state used for the 8 official reports and publications enumerated in this 9 chapter shall be the English language." 10 2. By renumbering as necessary. Dotzler of Black Hawk rose on a point of order that amendment H-1707 was not germane. The Speaker ruled the point well taken and amendment H-1707 not germane. Cormack of Webster moved to suspend the rules to consider amendment H-1707, to amendment H-1635. Roll call was requested by Cormack of Webster and Rants of Woodbury. On the question "Shall the rules be suspended to consider amendment H-1707, to amendment H-1635?" (S.F. 449) The ayes were, 51: Alons Arnold Barry Baudler Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Horbach Houser Huseman Jacobs Jager Johnson Kettering Klemme Larson Lord Metcalf Millage Nelson Raecker Rants Rayhons Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett The nays were, 47: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holmes Holveck Huser Jenkins Jochum Kreiman Kuhn Larkin Martin Mascher May Mertz Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt Absent or not voting, 2: Boal Mundie The motion to suspend the rules prevailed. Brauns of Muscatine in the chair at 5:10 p.m. Speaker Corbett in the chair at 5:20 p.m. Cormack of Webster moved the adoption of amendment H-1707, to amendment H-1635. Roll call was requested by Cormack of Webster and Rants of Woodbury. Rule 75 was invoked. On the question "Shall amendment H-1707, to amendment H-1635, be adopted?" (S.F. 449) The ayes were, 48: Alons Arnold Barry Baudler Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Garman Gipp Greiner Hahn Hansen Heaton Hoffman Horbach Houser Huseman Jacobs Jager Johnson Kettering Klemme Larson Lord Metcalf Millage Nelson Rants Rayhons Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett The nays were, 51: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Eddie Falck Fallon Foege Ford Frevert Grundberg Holmes Holveck Huser Jenkins Jochum Kreiman Kuhn Larkin Martin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Raecker Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt Absent or not voting, 1: Boal Amendment H?1707 lost. Warnstadt of Woodbury asked and received unanimous consent to withdraw amendment H-1715, to amendment H-1635, filed by him from the floor. Grundberg of Polk asked and received unanimous consent to withdraw amendment H-1669, to amendment H-1635, filed by her on April 19, 1999. Warnstadt of Woodbury asked and received unanimous consent to withdraw amendment H-1717, to amendment H-1635, filed by him from the floor. The following amendment H-1721, to amendment H-1635, filed by Boddicker of Cedar from the floor was adopted by unanimous consent: H-1721 1 Amend the amendment, H-1635, to Senate File 449, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 3, by inserting after line 2, the 5 following: 6 ___. Title Page, by striking lines 1 and 2, and 7 inserting the following: "An Act relating to 8 assistance to legal immigrants and foreign". On motion by Dotzler of Black Hawk, amendment H-1635 was adopted placing the following amendments out of order: Amendment H-1460 filed by Fallon of Polk on April 6, 1999. Amendment H-1376 filed by Jochum of Dubuque on April 1, 1999. Amendment H-1366 filed by O'Brien of Boone on April 1, 1999. Amendment H-1368 filed by Dotzler of Black Hawk on April 1, 1999. Amendment H-1383 filed by Stevens of Dickinson on April 5, 1999. Amendment H-1402 filed by Fallon of Polk on April 5, 1999. Amendment H-1403 filed by Fallon of Polk on April 5, 1999. Amendment H-1404 filed by Fallon of Polk on April 5, 1999. Amendment H-1445 filed by Fallon of Polk on April 6, 1999. Amendment H-1448 filed by Fallon of Polk on April 6, 1999. Amendment H-1461 filed by Fallon of Polk on April 6, 1999. Amendment H-1482 filed by Fallon of Polk on April 6, 1999. Amendment H-1483 filed by Fallon of Polk, et al., on April 6, 1999. Amendment H-1484 filed by Fallon of Polk on April 6, 1999. Amendment H-1510 filed by Fallon of Polk on April 7, 1999. Amendment H-1361 filed by Witt of Black Hawk on March 31, 1999. Amendment H-1429 filed by Jochum of Dubuque on April 6, 1999. Amendment H-1367 filed by Dotzler of Black Hawk on April 1, 1999. Amendment H-1395 filed by Fallon of Polk on April 5, 1999. Amendment H-1452 filed by Fallon of Polk on April 6, 1999. Amendment H-1453 filed by Fallon of Polk on April 6, 1999. Amendment H-1375 filed by Jochum of Dubuque on April 1, 1999. Amendment H-1447 filed by Fallon of Polk on April 6, 1999. Amendment H-1362 filed by Witt of Black Hawk on March 31, 1999. Amendment H-1369 filed by Weigel of Chickasaw on April 1, 1999. Amendment H-1377 filed by Jochum of Dubuque on April 1, 1999. Amendment H-1370 filed by Dotzler of Black Hawk on April 1, 1999. Amendment H-1630 filed by Doderer of Johnson on April 14, 1999. Amendment H-1712 filed by Warnstadt of Woodbury from the floor. Amendment H-1713 filed by Warnstadt of Woodbury from the floor. Amendment H-1378 filed by Jochum of Dubuque on April 1, 1999. Amendment H-1382 filed by Jochum of Dubuque and Dotzler of Black Hawk on April 1, 1999. Amendment H-1458 filed by Fallon of Polk on April 6, 1999. Amendment H-1459 filed by Fallon of Polk on April 6, 1999. Amendment H-1446 filed by Fallon of Polk on April 6, 1999. Amendment H-1467 filed by Grundberg of Polk on April 6, 1999. Amendment H-1468 filed by Mascher of Johnson on April 6, 1999. Amendment H-1472 filed by Fallon of Polk on April 6, 1999. Amendment H-1485 filed by Fallon of Polk on April 6, 1999. Amendment H-1670 filed by Grundberg of Polk on April 19, 1999. Cormack of Webster 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. 449) The ayes were, 94: Arnold Barry Baudler Bell Boggess 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 Jenkins Jochum 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, 4: Alons Boddicker Jager Johnson Absent or not voting, 2: Blodgett Boal The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 449 be immediately messaged to the Senate. SENATE AMENDMENT CONSIDERED Heaton of Henry called up for consideration 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, amended by the Senate, and moved that the House concur in the following Senate amendment H-1700: H-1700 1 Amend House File 760, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 6, by striking line 14 and inserting the 4 following: 5 " $ 23,491,419" 6 2. Page 12, line 17, by striking the word "For" 7 and inserting the following: "From moneys 8 appropriated in this Act from the federal temporary 9 assistance for needy families block grant and credited 10 to the family investment program account, for". 11 3. Page 12, lines 19 and 20, by striking the 12 words "cannot return to the parents' home" and 13 inserting the following: "may be at risk of becoming 14 dependent upon government benefits". 15 4. Page 14, line 6, by inserting before the word 16 "review" the following: "food stamp program error 17 rate". 18 5. Page 18, by striking lines 28 through 30 and 19 inserting the following: "the time of applying for 20 assistance. The range for the number of persons to be 21 served under this waiver at any one time is at least 22 35 and not more than 100 persons. Of the number of 23 persons served, a maximum of 10 person with physical". 24 6. Page 20, line 13, by inserting after the words 25 "such services," the following: "counties,". 26 7. Page 20, by striking line 24 and inserting the 27 following: 28 "14. The department shall work with county 29 representatives in aggressively taking the steps". 30 8. Page 21, line 12, by inserting after the word 31 "assembly." the following: "The department may adopt 32 emergency rules to implement the provisions of this 33 subsection." 34 9. Page 21, by striking lines 13 through 16. 35 10. Page 21, line 19, by striking the figure 36 "$130,000" and inserting the following: "$65,000". 37 11. Page 21, line 20, by striking the figure 38 "135C.36" and inserting the following: "249A.19". 39 12. By striking page 21, line 26, through page 40 22, line 14. 41 13. Page 22, by inserting before line 15, the 42 following: 43 "20. The department shall evaluate the feasibility 44 and fiscal impact of implementing twelve-month 45 continuous eligibility for children eligible for 46 medical assistance pursuant to chapter 249A. If in 47 accordance with federal law, the department may 48 implement the twelve-month continuous eligibility 49 policy on a less than a statewide basis. The 50 department shall submit a report of its evaluation of Page 2 1 the fiscal impact of the proposed policy and 2 recommendations to the general assembly by October 1, 3 1999. 4 21. The department shall develop a process for 5 enrollment that eliminates the face-to-face interview 6 for children eligible for medical assistance only. 7 The department may adopt emergency rules to implement 8 this subsection. 9 22. The department may adopt emergency rules to 10 implement section 249A.3, subsection 5A, as enacted by 11 this Act." 12 14. Page 23, line 16, by striking the word 13 "department" and inserting the following: "HAWK-I 14 board". 15 15. Page 23, by striking line 27 and inserting 16 the following: 17 " $ 7,659,250" 18 16. Page 23, line 28, by striking the word "may" 19 and inserting the following: "shall". 20 17. Page 23, line 30, by striking the word "may" 21 and inserting the following: "shall". 22 18. Page 24, by striking lines 8 through 15. 23 19. Page 24, by inserting after line 15 the 24 following: 25 "5. Notwithstanding section 8.33, $10,750 of the 26 moneys appropriated to the department of human 27 services in 1998 Iowa Acts, chapter 1218, section 10, 28 that remain unencumbered or unobligated at the close 29 of the fiscal year shall not revert but shall remain 30 available for expenditure for the purposes designated 31 in this section until the close of the succeeding 32 fiscal year." 33 20. Page 26, by striking line 14 and inserting 34 the following: 35 " $ 5,050,750" 36 21. Page 29, line 20, by striking the words 37 "department of justice" and inserting the following: 38 "judicial branch". 39 22. Page 29, line 22, by striking the words 40 "department of justice" and inserting the following: 41 "judicial branch". 42 23. Page 29, line 26, by striking the words 43 "department of justice" and inserting the following: 44 "judicial branch". 45 24. Page 31, lines 29 and 30, by striking the 46 words "Iowa juvenile home" and inserting the 47 following: "state training school at Eldora". 48 25. Page 34, line 21, by striking the figure 49 "7,123,489" and inserting the following: "7,160,257". 50 26. Page 39, by striking lines 25 and 26 and Page 3 1 inserting the following: "ordered services. Not more 2 than $15,000 of the funding allocated in this 3 subsection may be used for the purpose of training." 4 27. Page 39, line 29, by striking the word 5 "specific" and inserting the following: "gender- 6 specific". 7 28. Page 39, line 32, by striking the word "A" 8 and inserting the following: "As determined by the 9 department of management, a". 10 29. Page 40, by striking lines 15 and 16 and 11 inserting the following: "management, up to an 12 additional $550,000 of the transferred moneys may be 13 credited to the appropriation in this section to 14 implement the recommendations of the". 15 30. Page 40, by inserting after line 28 the 16 following: 17 "d. Of the moneys appropriated in this section, up 18 to $50,000 may be used to support the child welfare 19 services work group." 20 31. Page 41, by striking lines 13 through 19. 21 32. Page 42, by striking line 20 and inserting 22 the following: 23 " FTEs 856.39" 24 33. Page 42, by striking line 25 and inserting 25 the following: 26 " FTEs 249.24 27 The amount allocated in this subsection is 28 sufficient for the mental health institute to make 29 budget adjustments in order to continue funding of the 30 inmate labor program and the work services center 31 contract, and to retain the nurse positions that were 32 in the final hiring stage in the spring of 1999 and 33 other permanent positions." 34 34. Page 44, line 27, by inserting after the word 35 "methamphetamine." the following: "The proposal shall 36 identify a payment source other than counties for such 37 treatment." 38 35. Page 45, by striking line 26 and inserting 39 the following: 40 " FTEs 1,554.51" 41 36. Page 45, by striking line 31 and inserting 42 the following: 43 " FTEs 877.75" 44 37. Page 45, by striking line 34 and inserting 45 the following: 46 " FTEs 676.76" 47 38. Page 49, by inserting after line 30 the 48 following: 49 "The department shall issue a request for proposals 50 for developmental disabilities basic support and Page 4 1 advocacy grants." 2 39. Page 50, line 16, by inserting after the word 3 "community" the following: "living". 4 40. Page 50, by striking lines 19 and 20. 5 41. Page 50, line 28, by striking the word 6 "support" and inserting the following: "supported". 7 42. Page 51, by striking line 33 and inserting 8 the following: 9 " $ 17,560,000" 10 43. Page 55, by striking lines 12 and 13 and 11 inserting the following: "statewide supported 12 employment programs." 13 44. Page 56, by inserting after line 7 the 14 following: 15 "Sec. 200. SEXUALLY VIOLENT PREDATORS - FY 1998- 16 1999. There is appropriated from the general fund of 17 the state to the department of human services for the 18 fiscal year beginning July 1, 1998, and ending June 19 30, 1999, to supplement the appropriation made in 1998 20 Iowa Acts, chapter 1218, section 31, the following 21 amount, or so much thereof as is necessary, to be used 22 for the purposes designated: 23 For costs associated with the commitment and 24 treatment of sexually violent predators and for 25 salaries and support for not more than the following 26 full-time equivalent positions: 27 $ 115,023 28 FTEs 6.63 29 Notwithstanding section 8.62 or any other provision 30 of law to the contrary, moneys appropriated in this 31 section that remain unencumbered or unobligated at the 32 close of the fiscal year shall revert in accordance 33 with section 8.33." 34 45. By striking page 57, line 28, through page 35 58, line 6. 36 46. Page 58, by striking lines 7 through 9 and 37 inserting the following: 38 "g. Federally qualified health centers shall 39 receive cost-based reimbursement for 100 percent of 40 the reasonable costs for the provision of services to 41 recipients of medical assistance." 42 47. Page 58, by inserting after line 19 the 43 following: 44 "1A. a. The basis for establishing the maximum 45 medical assistance reimbursement rate for nursing 46 facilities shall be the 70th percentile of facility 47 costs as calculated from the June 30, 1999, unaudited 48 compilation of cost and statistical data submitted by 49 each facility on medical assistance cost reports. A 50 facility which does not have a current cost report on Page 5 1 file with the department as of June 30, 1999, shall 2 continue to receive the per diem rate in effect for 3 that facility on June 30, 1999, until the facility's 4 costs are above that rate or until June 30, 2000, 5 whichever is earlier. A facility shall submit 6 semiannual cost reports beginning July 1, 1999, or 7 after, based on the closing date of the facility's 8 fiscal year. 9 b. To the extent funds are available within the 10 amount projected for reimbursement of nursing 11 facilities within the appropriation for medical 12 assistance in this Act for the fiscal year beginning 13 July 1, 1999, and within the appropriation for medical 14 assistance as a whole for the fiscal year beginning 15 July 1, 1999, the department shall adjust the maximum 16 medical assistance reimbursement for nursing 17 facilities to the 70th percentile, as calculated from 18 the December 31, 1999, unaudited compilation of cost 19 and statistical data for only those nursing facilities 20 which provide additional written documentation in a 21 cost report which demonstrates increased expenditures 22 for direct care in the form of wages during a cost 23 reporting period in that fiscal year. In order to be 24 eligible for the increased reimbursement, a nursing 25 facility must submit the cost report with the 26 additional documentation by June 30, 2000. To the 27 extent possible, the additional written documentation 28 shall be obtained from the expanded cost report 29 information submitted by nursing facilities in 30 accordance with paragraph "c". Any adjustment shall 31 take effect January 1, 2000. 32 c. The department of human services shall adopt 33 emergency rules requiring all nursing facilities to 34 submit a medical assistance cost report on or after 35 July 1, 1999, that incorporates the additional 36 documentation specified in this lettered paragraph. 37 Initially, the additional documentation shall provide 38 baseline information by describing the status of the 39 facility with reference to the information requested 40 as of July 1, 1999, and subsequently the additional 41 documentation shall describe the status of the 42 facility for the period of the cost report. The 43 additional documentation to be incorporated in the 44 cost reports shall include all of the following 45 information: 46 (1) Information concerning staffing costs 47 including the number of hours of care provided per 48 resident per day on all of the following: nursing 49 services provided by registered nurses, licensed 50 practical nurses, certified nurse aides, restorative Page 6 1 aides, certified medication aides, and contracted 2 nursing services; other care services; administrative 3 functions; housekeeping and maintenance; and dietary 4 services. 5 (2) The starting and average hourly wage for each 6 class of employees. 7 d. The information submitted under paragraph "c" 8 shall be compiled by the department and provided to 9 the general assembly and any legislative committee 10 designated to consider human services reimbursement 11 rates and methodologies." 12 48. Page 58, by striking lines 20 through 26. 13 49. Page 59, by striking lines 22 through 27 and 14 inserting the following: 15 "6. For the fiscal year beginning July 1, 1999, 16 the maximum reimbursement rates for adoption and 17 independent living services shall be increased by 2 18 percent over the rates in effect on June 30, 1999. 19 The maximum". 20 50. Page 60, line 18, by striking the figure 21 "1,985,916" and inserting the following: "2,652,296". 22 51. Page 60, line 20, by striking the word and 23 figure "October 1" and inserting the following: "July 24 1". 25 52. Page 60, by striking lines 24 through 27 and 26 inserting the following: "based on the cost report 27 submitted to the department. The maximum 28 reimbursement rate". 29 53. Page 61, line 35, by striking the word 30 "previous" and inserting the following: "current". 31 54. Page 62, by inserting after line 4 the 32 following: 33 "Sec. 100. 1998 Iowa Acts, chapter 1218, section 34 33, is amended by striking the section and inserting 35 in lieu thereof the following: 36 SEC. 33. DEPARTMENT OF HUMAN SERVICES - MOTOR 37 VEHICLE LICENSE REINSTATEMENT PENALTY - DEPOSIT AND 38 APPROPRIATION. Notwithstanding the deposit provisions 39 of sections 321.218A and 321A.32A, the moneys 40 collected during the fiscal year beginning July 1, 41 1998, and ending June 30, 1999, by the state 42 department of transportation pursuant to those 43 sections shall be deposited to the credit of the 44 department of human services for the fiscal year 45 beginning July 1, 1998, and ending June 30, 1999, and 46 are appropriated as follows: 47 For the establishment, improvement, operation, and 48 maintenance of county or multicounty juvenile 49 detention homes. 50 Moneys appropriated in this section shall be Page 7 1 allocated among eligible detention homes, prorated on 2 the basis of an eligible detention home's proportion 3 of the costs of all eligible detention homes in the 4 previous fiscal year. Notwithstanding section 5 232.142, subsection 3, the financial aid payable by 6 the state under that provision for the fiscal year 7 beginning July 1, 1998, shall be limited to the amount 8 appropriated in this section." 9 55. Page 66, line 35, by inserting after the word 10 "needs;" and inserting the following: "options for 11 implementation of the resource-based relative value 12 system methodology to determine medical provider 13 reimbursement under the medical assistance program;". 14 56. Page 67, line 3, by striking the words 15 "utilization based reimbursement;" and inserting the 16 following: "resource-based reimbursement; review of 17 nursing facility cost reports, including additional 18 written documentation, compiled by the department of 19 human services and submitted pursuant to requirements 20 in the reimbursement section of this Act;". 21 57. Page 69, by striking line 17 and inserting 22 the following: 23 "Sec. ___. NEW SECTION. 237A.30 HIGH QUALITY 24 CHILD DAY CARE PROVIDERS. 25 1. The department shall accept nationally 26 recognized accreditations in identifying and listing 27 high quality child day care providers. Any registered 28 family or group home or licensed child day care 29 provider in this state that is accredited in good 30 standing by the national association for the education 31 of young children or the national association for 32 family child care shall be included in the listing. 33 2. Providers included in the listing which remain 34 in good standing with the accrediting body and with 35 state regulation shall be designated as a gold seal 36 quality child day care provider. Any provider 37 included in the listing may publicly utilize the 38 designation as a gold seal quality child day care 39 provider. Child day care resource and referral 40 services shall be encouraged to make use of the 41 providers holding this designation as a resource in 42 quality improvement efforts and to identify these 43 providers in making referrals to the public. 44 3. Holders of the gold seal quality designation 45 shall be recognized annually in April during the week 46 of national recognition of young children. A 47 recognition event shall be hosted during that week by 48 a committee which may include but is not limited to 49 the governor, legislative leaders, department staff 50 and other child care experts, and the chairpersons and Page 8 1 ranking members of the legislative committees involved 2 with regulation or funding of child day care. 3 4. Subject to the availability of funding, an 4 eligible holder of the gold seal quality designation 5 receiving an initial or renewal national accreditation 6 may receive a one-time cash award in the year of 7 initial or renewal accreditation on or after July 1, 8 1999. Holders of the designation who received funding 9 assistance to obtain the initial or renewal national 10 accreditation under a grant administered by the child 11 development coordinating council or as part of being a 12 federal head start program are not eligible for the 13 cash award. Eligible holders of the designation may 14 receive a cash award of two hundred fifty dollars for 15 registered family and group day care home providers 16 and five hundred dollars for licensed centers." 17 58. Page 69, by inserting before line 18 the 18 following: 19 "Sec. ___. Section 249A.3, Code 1999, is amended 20 by adding the following new subsection: 21 NEW SUBSECTION. 5A. In determining eligibility 22 for children under subsection 1, paragraphs "b", "f", 23 "g", "j", "k", "n", and "s"; subsection 2, paragraphs 24 "a", "c", "d", "f", and "g"; and subsection 5, 25 paragraph "b", all resources of the family, other than 26 monthly income, shall be disregarded." 27 59. Page 69, by inserting before line 18 the 28 following: 29 "Sec. ___. Section 249A.18, Code 1999, is amended 30 to read as follows: 31 249A.18 COST-BASED REIMBURSEMENT - RURAL HEALTH 32 CLINICS AND FEDERALLY QUALIFIED HEALTHCLINICS33 CENTERS. 34 Rural health clinics and federally qualified health 35clinicscenters shall receive cost-based reimbursement 36 for one hundred percent of the reasonable costs for 37 the provision of services to recipients of medical 38 assistance,subjecttolimitationsandexclusions39basedonfederallawandregulationsasdeterminedby40thedirector." 41 60. Page 70, by inserting after line 14 the 42 following: 43 "5A. Section 10, subsection 5, relating to the 44 reversion of moneys appropriated for medical contracts 45 in 1998 Iowa Acts, chapter 1218, section 10." 46 61. Page 70, line 16, by striking the words "Iowa 47 juvenile home" and inserting the following: "state 48 training school at Eldora". 49 62. Page 70, by inserting after line 24 the 50 following: Page 9 1 " . Section 100, amending 1998 Iowa Acts, 2 chapter 1218, section 33." 3 63. Page 70, by inserting after line 24 the 4 following: 5 " . Section 200, providing a fiscal year 1998- 6 1999 appropriation for costs associated with treatment 7 and commitment of sexually violent predators." 8 64. By renumbering, relettering, or redesignating 9 and correcting internal references as necessary. The motion prevailed and the House concurred in the Senate amendment H-1700. Heaton of Henry moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 760) The ayes were, 54: Alons Arnold Barry Baudler Blodgett Boddicker Boggess 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, 43: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors 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 Warnstadt Weigel Whitead Wise Witt Absent or not voting, 3: Boal Doderer Thomas The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. INTRODUCTION OF BILLS House File 772, by committee on appropriations, a bill for an act relating to and making appropriations from and to the rebuild Iowa infrastructure fund and the Iowa resources enhancement and protection fund to state departments and agencies, including the department of agriculture and land stewardship, the department of cultural affairs, the department of economic development, the department of corrections, the department of general services, the Iowa state fair foundation, the judicial branch, the legislative council, the department of natural resources, the department of public defense, the department of public safety, the state board of regents, the state department of transportation, office of treasurer of state, and the commission of veterans affairs and providing effective dates. Read first time and placed on the appropriations calendar. House File 773, by committee on appropriations, a bill for an act relating to child support enforcement, including child support recovery in instances of guardianships, income withholding, and payments to financial institutions for record matches. Read first time and placed on the appropriations calendar. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 760 be immediately messaged to the Senate. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 20, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 115, a bill for an act relating to the award of a contract for a public improvement by a city or the governing body of a city utility. Also: That the Senate has on April 20, 1999, amended and passed the following bill in which the concurrence of the House is asked: House File 343, a bill for an act providing for the collection of moneys by a county board of supervisors arising out of the construction of a drainage improvement within a railroad right-of-way. Also: That the Senate has on April 20, 1999, amended and passed the following bill in which the concurrence of the House is asked: House File 448, a bill for an act prohibiting the transmission of electronic mail which includes advertisements in certain circumstances and providing for monetary damages, criminal penalties, and other remedies. Also: That the Senate has on April 20, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 287, a bill for an act relating to child welfare provisions involving foster home damages, voluntary foster care placements of children with mental retardation or other developmental disability, release of child abuse information, and annual group foster care and decategorization plans, and providing a contingent effective date. Also: That the Senate has on April 20, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 429, a bill for an act relating to notification of forfeited and cancelled mechanic's liens, challenging a mechanic's lien, and providing a remedy. Also: That the Senate has on April 20, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 437, a bill for an act relating to notification regarding mechanics' liens. MICHAEL E. MARSHALL, Secretary EXPLANATIONS OF VOTE On April 20, 1999, I inadvertently voted "aye" on amendment H-1685 to Senate File 436. I meant to vote "nay". BRADLEY of Clinton I was necessarily absent from the House chamber on April 15, 1999. Had I been present, I would have voted "aye" on House Files 386, 458, 497, 498, 501, 531, 624, 661, 664, 748, 749, 763, and Senate Files 9, 192, 211, 287, 294, 352, 395 and 407. BRAUNS of Muscatine I was necessarily absent from the House chamber on April 20, 1999. Had I been present, I would have voted "aye" on Senate File 337. HUSEMAN of Cherokee I was necessarily absent from the House chamber on April 20, 1999. Had I been present, I would have voted "aye" on House Files 472 and 721. NELSON of Marshall BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR The Chief Clerk of the House submitted the following report: Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bills have been examined and found correctly enrolled, signed by the Speaker of the House and the President of the Senate, and presented to the Governor for his approval on this 20th day of April, 1999: House Files 293, 313, 659, and 741. ELIZABETH A. ISAACSON Chief Clerk of the House Report adopted. COMMUNICATIONS RECEIVED The following communications were received and filed in the office of the Chief Clerk: CITIZENS' AIDE/OMBUDSMAN The Annual Report, pursuant to Chapter 2C, Code of Iowa. DEPARTMENT OF GENERAL SERVICES The Fiscal Year 1998 Annual Report, pursuant to Chapter 18.12, Code of Iowa. CERTIFICATES OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificates of recognition have been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1999\749 Robert William Smith, Tama - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\750 Margaret and Don Pavelka, Traer - For celebrating their 50th wedding anniversary. 1999\751 Agnes Kalina, Elberon - For celebrating her 80th birthday. 1999\752 Adrian W. Stamper, Des Moines - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\753 Sandra Breazeale, Mt. Pleasant - For being named to the 1999 All- State Academic Team for two year colleges in Iowa. 1999\754 Allison Wignall, Newton - For receiving a Prudential Spirit of Community Award. 1999\755 Hertha G. Baker Young, La Porte City - For celebrating her 80th birthday. 1999\756 Betty and Veryl Williams, Edgewood - For celebrating their 50th wedding anniversary. 1999\757 Lois and Oren Rommann, Vinton - For celebrating their 50th wedding anniversary. 1999\758 Scott Arthur, Edgewood - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\759 Justin Mescher, Edgewood - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\760 Ryan Hansel, Edgewood - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\761 Jeremiah Cantu, McGregor - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\762 Matthew Roth, Newton - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\763 Nicholas Magilton, Newton - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\764 Andy Doane, Newton - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\765 Tom Hegna, Avoca - For being named an All State Outstanding Speech Performer. 1999\766 Matt Moothart, Dubuque - For winning the 11th-12th Grade Division of the Telegraph Herald Knowledge Olympics as a member of the Dubuque Wahlert Team, "One Last Time". 1999\767 Gina Kramer, Dubuque - For winning the 11th-12th Grade Division of the Telegraph Herald Knowledge Olympics as a member of the Dubuque Wahlert Team, "One Last Time". 1999\768 Warren Baltz, Dubuque - For winning the 11th-12th Grade Division of the Telegraph Herald Knowledge Olympics as a member of the Dubuque Wahlert Team, "One Last Time". SUBCOMMITTEE ASSIGNMENT Senate File 445 Ways and Means: Raecker, Chair; Jochum and Rants. 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 232, a bill for an act relating to the establishment of a beginning teacher induction program and making an appropriation. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-1708 April 20, 1999. Committee Bill, relating to and making appropriations from and to the rebuild Iowa infrastructure fund and the Iowa resources enhancement and protection fund to state departments and agencies, including the department of agriculture and land stewardship, the department of cultural affairs, the department of economic development, the department of corrections, the department of general services, the Iowa state fair foundation, the judicial branch, the legislative council, the department of natural resources, the department of public defense, the department of public safety, the state board of regents, the state department of transportation, office of treasurer of state, and the commission of veterans affairs and providing effective dates. Fiscal Note is not required. Recommended Amend and Do Pass April 20, 1999. Committee Bill (Formerly House File 585), relating to child support enforcement, including child support recovery in instances of guardianships, income withholding, interest on child support collected, and payments to financial institutions for record matches. Fiscal Note is not required. Recommended Amend and Do Pass April 20, 1999. RESOLUTIONS FILED HCR 23, by Hahn, Wise, Cohoon, Mascher, Larkin, Bukta, Greiner, Rayhons, Bradley, Holmes, Brauns, Gipp, Thomas, Johnson, Martin, Heaton, Welter, Dolecheck, Blodgett, Huseman, Drake, Reynolds, Mertz, Mundie, Davis, Alons, Eddie, Baudler, Sunderbruch, Arnold, Weidman, Teig, Millage, Siegrist, Klemme, Hoffman, and Tyrrell, a concurrent resolution in support of maintaining the Mississippi River as a major transportation route for various products shipped into and out of the Upper Mississippi region. Referred to committee on agriculture. HCR 24, by Martin and Taylor, a concurrent resolution encouraging Congress to rescind Health Care Financing Administration rules requiring onerous home health agency reporting. Referred to committee on human resources. SCR 17, by Kibbie, a concurrent resolution to urge that the United States Congress enact and the United States Department of Agriculture implement measures necessary in order to allow the interstate sale of meat and poultry products by state-inspected establishments. Referred to committee on agriculture. SCR 18, by committee on education, a concurrent resolution requesting the Department of Education to cooperate with the Iowa Arts Council in administering a contest for students to submit design proposals for Iowa's participation in the United States Mint's 50 state quarters program. Referred to committee on education. AMENDMENTS FILED H-1702 S.F. 464 Carroll of Poweshiek H-1703 H.F. 172 Senate Amendment H-1704 S.F. 367 Boddicker of Cedar H-1705 S.F. 464 Mertz of Kossuth Burnett of Story Mascher of Johnson Parmenter of Story Weigel of Chickasaw Frevert of Palo Alto Mundie of Webster H-1706 H.F. 747 Rants of Woodbury H-1708 S.F. 232 Committee on Appropriations H-1709 S.F. 136 Mundie of Webster H-1710 H.F. 768 Thomas of Clayton H-1711 H.F. 768 Thomas of Clayton H-1714 H.F. 700 Sukup of Franklin H-1716 H.F. 343 Senate Amendment H-1718 H.F. 759 Wise of Lee H-1719 H.F. 766 Mascher of Johnson H-1720 H.F. 448 Senate Amendment On motion by Siegrist of Pottawattamie the House adjourned at 6:20 p.m., until 8:45 a.m., Wednesday, April 21, 1999. 1496 JOURNAL OF THE HOUSE 100th Day 100th Day TUESDAY, APRIL 20, 1999 1495
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Last update: Wed Apr 21 13:40:03 CDT 1999
URL: /DOCS/GA/78GA/Session.1/HJournal/Day/0420.html
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