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House Journal: Wednesday, February 16, 2000

JOURNAL OF THE HOUSE

Thirty-eighth Calendar Day - Twenty-fifth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, February 16, 2000

The House met pursuant to adjournment at 8:52 a.m., Speaker pro
tempore Sukup in the chair.

Prayer was offered by Reverend Dick Clark, pastor of St. Timothy's
United Methodist Church, Cedar Falls.

The Journal of Tuesday, February 15, 2000 was approved.

PETITIONS FILED

The following petitions were received and placed on file:

By Jochum of Dubuque from two hundred eleven persons from
Dubuque, Delaware, Winneshiek and Jones counties, favoring the
passage of House File 2066 and to permit licensed substance abuse
treatment agencies to teach OWI classes independent of the
community colleges.

By Shoultz of Black Hawk from twenty-seven persons from
Pathways Behavioral Services favoring House File 2066, permitting
licensed substance abuse treatment agencies to teach OWI classes
independent of the community colleges.

INTRODUCTION OF BILLS

House Joint Resolution 2007, by Rants, Heaton, and Brauns, a
joint resolution to nullify administrative rules of the Iowa
empowerment board concerning Iowa empowerment grants and
school ready children grants and providing an effective date.

Read first time and referred to committee on local government.

House File 2280, by committee on education, a bill for an act
requiring the director of the department of education to develop and
administer an operation recognition program.

Read first time and placed on the calendar.

House File 2281, by committee on local government, a bill for an
act relating to procedures for discontinuance of a city.

Read first time and placed on the calendar.

House File 2282, by Blodgett, a bill for an act relating to motor
vehicle regulation and making penalties applicable.

Read first time and referred to committee on transportation.

House File 2283, by Arnold, a bill for an act relating to
competitive bidding for construction or relocation of state buildings
and offices.

Read first time and referred to committee on state government.

House File 2284, by Fallon, a bill for an act requiring that state
agencies purchase Iowa agricultural commodities and food derived
from Iowa agricultural commodities.

Read first time and referred to committee on agriculture.

House File 2285, by Parmenter, Kuhn, Stevens, and Greimann, a
bill for an act providing for the regulation of manure storage
structures and making penalties applicable.

Read first time and referred to committee on agriculture.

House File 2286, by Schrader, Falck, Murphy, Reynolds, Wise,
Connors, Ford, Bell, T. Taylor, Chiodo, Larkin, Frevert, Parmenter,
Greimann, May, Myers, Dotzler, Osterhaus, Cataldo, Kreiman, Kuhn,
Mundie, Mascher, Thomas, Mertz, Jochum, Weigel, Foege, O'Brien,
and Holveck, a bill for an act relating to and making appropriations
from the tobacco settlement fund to the Iowa department of public
health for health care functions including home health care and
public health nursing services, and providing an effective date and
providing for retroactive applicability.

Read first time and referred to committee on appropriations.

House File 2287, by Ford, a bill for an act to increase the criminal
penalties for an assault on members of certain occupations.

Read first time and referred to committee on judiciary.

House File 2288, by Ford, a bill for an act relating to the
development of a multistate compact for the review, encouragement,
and exchange of education innovations.

Read first time and referred to committee on education.

House File 2289, by Jacobs, Jenkins, Chiodo, Dotzler, and
Kettering, a bill for an act relating to aviation transportation and
providing an effective date.

Read first time and referred to committee on economic
development.

House File 2290, by committee on education, a bill for an act
directing the departments of education, revenue and finance, and
management to conduct a study of funding inequities within the
kindergarten through grade twelve public school system.

Read first time and placed on the calendar.

House File 2291, by committee on education, a bill for an act
relating to teacher shortages by creating a permanent substitute
teacher license and including effective and applicability date
provisions.

Read first time and placed on the calendar.

House File 2292, by committee on education, a bill for an act
requesting a legislative study to review the mission, structure,
responsiveness, and funding of the area education agencies.

Read first time and placed on the calendar.

House File 2293, by committee on education, a bill for an act
relating to school districts experiencing declining enrollment and
providing an applicability date.

Read first time and placed on the calendar.

House File 2294, by Kuhn, Frevert, and May, a bill for an act
prohibiting the use of methyl tertiary butyl ether, eliminating a
conflicting provision, providing penalties, and providing an effective
date.

Read first time and referred to committee on agriculture.

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
February 15, 2000, adopted the following resolution in which the concurrence of the
Senate was asked:

House Concurrent Resolution 108, a concurrent resolution requesting the Congress
of the United States to appropriate sufficient funding to the United States Naval Fleet
and the United States Flag Merchant Marine Fleet.

MICHAEL E. MARSHALL, Secretary

CONSIDERATION OF BILLS
Regular Calendar

House File 2154, a bill for an act relating to the sex offender
registry and criminal penalties and providing an effective date, was
taken up for consideration.

SENATE FILE 2031 SUBSTITUTED FOR HOUSE FILE 2154

Sunderbruch of Scott asked and received unanimous consent to
substitute Senate File 2031 for House File 2154.

Senate File 2031, a bill for an act relating to violations of the sex
offender registry requirements and providing an effective date, was
taken up for consideration.

Kreiman of Davis offered amendment H-8024 filed by Mascher of
Johnson as follows:


H-8024

1 Amend Senate File 2031, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 692A.3, Code Supplement 1999,
6 is amended to read as follows:
7 692A.3 REGISTRATION PROCESS.
8 1. a person required to register under this
9 chapter shall register with the sheriff of the county
10 of the person's residence within ten five days of
11 establishment of residence in this state or within ten
12 five days of any conviction for which the person is
13 not incarcerated, a release from custody, or placement
14 on probation, parole, or work release. a sheriff
15 shall accept the registration of a nonresident of the
16 county if the person required to register is a full-
17 time or part-time student or is employed on a full-
18 time or part-time basis in the county.
19 2. a person required to register under this
20 chapter shall, within ten five days of changing
21 residence within a county in this state or within ten
22 five days of a change in the person's name as a result
23 of marriage, dissolution of marriage, or a legal name
24 change, notify the sheriff of the county in which the
25 person is registered of the change of address, name,
26 and any changes in the person's telephone number in
27 writing on a form provided by the sheriff. The
28 sheriff shall send a copy of the change of information
29 to the department within three working days of receipt
30 of notice of the change. The sex offender registry
31 shall maintain and make available information from the
32 registry cross-referenced by name at the time of
33 conviction and by name subsequent to any change.
34 3. a person required to register under this
35 chapter shall register with the sheriff of a county in
36 which residence has been newly established and notify
37 the sheriff of the county in which the person was
38 registered, within ten five days of changing residence
39 to a location outside the county in which the person
40 was registered. Registration shall be in writing on a
41 form provided by the sheriff and shall include the
42 person's change of address and any changes to the
43 person's telephone number or name. The sheriff shall
44 send a copy of the change of information to the
45 department within three working days of receipt of
46 notice of the change.
47 4. a person required to register under this
48 chapter shall notify the sheriff of the county in
49 which the person is registered, within ten five days
50 of changing residence to a location outside this

Page 2

1 state, of the new residence address and any changes in
2 telephone number or name. The sheriff shall send a
3 copy of the change to the department within three
4 working days of receipt of notice of the change. The
5 person must register with the registering agency of
6 the other state within ten five days of changing
7 residency, if persons are required to register under
8 the laws of the other state. The department shall
9 notify the registering agency in the other state of
10 the registrant's new address, telephone number, or
11 name.
12 5. The collection of information by a court or
13 releasing agency under section 692A.5 shall serve as
14 the person's initial registration for purposes of this
15 section. The court or releasing agency shall forward
16 a copy of the registration to the department within
17 three working days of completion of registration.
18 Sec. 2. Section 692A.5, subsection 1, paragraphs c
19 and d, Code Supplement 1999, are amended to read as
20 follows:
21 c. Inform the person that, within ten five days of
22 changing residence, registration with the sheriff in
23 the county in which residence is established is
24 required, if the residence is within the state.
25 d. Inform the person that if the person moves the
26 person's residence to another state, the person must
27 give the person's new address to the sheriff's
28 department in the county of the person's old residence
29 within ten five days of changing addresses, and that,
30 if the other state has a registration requirement, the
31 person is also required to register in the new state
32 of residence, not later than ten five days after
33 establishing residence in the other state and to
34 verify the address at least annually."
35 2. By renumbering as necessary.

The House stood at ease at 9:10 a.m., until the fall of the gavel.

The House resumed session at 9:28 a.m., Speaker pro tempore
Sukup in the chair.

Mascher of Johnson offered the following amendment H-8038, to
amendment H-8024, filed by her from the floor and moved its
adoption:

H-8038

1 Amend the amendment, H-8024, to Senate File 2031,

2 as passed by the Senate, as follows:
3 1. Page 2, by inserting after line 34 the
4 following:
5 " . Page 1, line 25, by striking the words
6 "This Act" and inserting the following: "The section
7 of this Act amending section 692A.7"."

Amendment H-8038 was adopted.

On motion by Mascher of Johnson amendment H-8024, as
amended, was adopted.

Sunderbruch of Scott 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. 2031)

The ayes were, 98:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Chiodo
Cohoon Connors Cormack Davis
Dix Doderer Dolecheck Dotzler
Drake Drees Eddie Falck
Fallon Foege Ford Frevert
Garman Gipp Greimann Greiner
Grundberg Hahn Hansen Heaton
Hoffman Holmes Holveck Houser
Huseman Huser Jacobs 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 Rants
Rayhons Reynolds Richardson Scherrman
Schrader Shey Shoultz Siegrist, Spkr.
Stevens Sunderbruch Taylor, D. Taylor, T.
Teig Thomas Thomson Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Weigel Welter Whitead Wise
Witt Sukup,
Presiding

 


The nays were, none.


Absent or not voting, 2:
Nelson-Forbes

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

HOUSE FILE 2154 WITHDRAWN

Sunderbruch of Scott asked and received unanimous consent to
withdraw House File 2154 from further consideration by the House.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
Senate File 2031 be immediately messaged to the Senate.

On motion by Rants of Woodbury, the House was recessed at 9:40
a.m., until 1:00 p.m.

AFTERNOON SESSION

The House reconvened at 1:00 p.m., Speaker pro tempore Sukup in
the chair.

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
February 16, 2000, passed the following bill in which the concurrence of the House is
asked:

Senate File 2158, a bill for an act relating to the limitation on deposits which may
be held by a depository institution or holding company and establishment of a
procedure for determining compliance with such limitation, providing for the Act's
applicability, and providing an effective date.

MICHAEL E. MARSHALL, Secretary

SPECIAL PRESENTATION

Wise of Lee presented to the House the Mayor of Keokuk, Gary
Folluo; Keokuk Fire Chief Mark Wessel; Keokuk firefighters, Jeff

Marlin and Randy Winn; Keokuk Police Chief, George Morgan;
students from a number of high schools from the southeast Iowa
region; and the widows and families of the Keokuk firefighters who
died in the line of duty.

Heaton of Henry presented to Speaker Siegrist a petition
(previously filed in the office of the Chief Clerk) signed by seven
hundred forty persons favoring an increase in benefits for survivors of
firefighters who have lost their lives.

The House rose and expressed its welcome.

Speaker Siegrist in the chair at 1:10 p.m.

ADOPTION OF HOUSE RESOLUTION 102

Wise of Lee called up for consideration House Resolution 102, a
resolution honoring the Keokuk firefighters who died in the line of
duty, and moved its adoption.

The motion prevailed and the resolution was adopted.

Speaker Siegrist thanked the families of the Keokuk firefighters
for attending today and expressed his appreciation for their sacrifice
in the loss of family members who died in the line of duty.

On motion by Rants of Woodbury, the House was recessed at 1:17
p.m., until 4:30 p.m.

LATE AFTERNOON SESSION

The House reconvened at 4:38 p.m., Speaker Siegrist in the chair.

INTRODUCTION OF BILLS

House File 2295, by Scherrman, a bill for an act relating to meat
and poultry regulation, by authorizing the secretary of agriculture to
regulate the licensure and inspection of slaughtering operations, the
inspection of livestock and associated products, and making penalties
applicable.

Read first time and referred to committee on agriculture.

House File 2296, by Schrader, Connors, Reynolds, T. Taylor,
Frevert, Falck, Osterhaus, Wise, Richardson, Myers, Kreiman, Bell,
May, Dotzler, Larkin, Bukta, Scherrman, Jochum, Kuhn, Foege,
Mascher, Stevens, Mundie, and Holveck, a bill for an act relating to
and making appropriations from the tobacco settlement fund to the
Iowa department of public health and to the department of personnel
for smoking cessation programs, and providing an effective date and
providing for retroactive applicability.

Read first time and referred to committee on appropriations.

House File 2297, by Davis, a bill for an act establishing the
criminal offense of loitering for a drug-related purpose and providing
a penalty.

Read first time and referred to committee on judiciary.

House File 2298, by Frevert, a bill for an act relating to the
application of manure near drinking water wells.

Read first time and referred to committee on agriculture.

House File 2299, by Houser, a bill for an act relating to the
funding of state mandates.

Read first time and referred to committee on local government.

House File 2300, by Shey, Larson, Ford, Davis, Hansen, Martin,
Thomson, Jacobs, Sukup, Brunkhorst, Raecker, Baudler, Hahn,
Eddie, Barry, Jager, Johnson, Tyrrell, Brauns, Boal, and Alons, a bill
for an act relating to the unlawful manufacturing, delivery, or
possession with the intent to manufacture or deliver cocaine or
substances or counterfeit substances related to cocaine.

Read first time and referred to committee on judiciary.

House File 2301, by Dotzler, a bill for an act relating to wage
discrimination in employment by providing for the determination of
wage discrimination.


Read first time and referred to committee on labor and
industrial relations.

House File 2302, by Schrader, Falck, Murphy, Connors,
T. Taylor, Larkin, Chiodo, Parmenter, Ford, Frevert, Kuhn,
Greimann, Myers, D. Taylor, Richardson, Bell, Reynolds, Bukta,
Jochum, Scherrman, Cataldo, O'Brien, Dotzler, Mascher, Stevens,
and Holveck, a bill for an act relating to and making appropriations
from the tobacco settlement fund to the department of human
services for expansion of the school-based supervision of children, and
providing an effective date and providing retroactive applicability.

Read first time and referred to committee on appropriations.

House File 2303, by Tyrrell, a bill for an act allowing the display
of only one registration plate on certain older vehicles.

Read first time and referred to committee on transportation.

House File 2304, by committee on agriculture, a bill for an act
relating to the installation of ethanol-compatible motor vehicle fuel
storage tank equipment.

Read first time and placed on the calendar.

House File 2305, by Witt, a bill for an act relating to the use and
sale of certain property owned by the department of transportation
for green space purposes.

Read first time and referred to committee on transportation.

House File 2306, by Witt, a bill for an act exempting the
providing of environmental laboratory services from the state sales
and use taxes.

Read first time and referred to committee on ways and means.

House File 2307, by Frevert, a bill for an act relating to the
delivery of pharmaceuticals to patients eligible for treatment at the
university hospitals and clinics.


Read first time and referred to committee on human resources.

House File 2308, by Wise, a bill for an act establishing a school
bond credit enhancement program.

Read first time and referred to committee on education.

House File 2309, by Richardson, a bill for an act requiring
automobile insurers to provide notice of certain aftermarket parts
automobile insurance policy provisions and making penalties
applicable.

Read first time and referred to committee on transportation.

House File 2310, by Brunkhorst, a bill for an act relating to
partition fences by providing for their erection and maintenance.

Read first time and referred to committee on agriculture.

House File 2311, by committee on human resources, a bill for an
act relating to child support including medical support and payment
of costs to financial institutions for data matching and automation
program development.

Read first time and placed on the calendar.

House File 2312, by committee on transportation, a bill for an act
relating to the regulation of certain low-speed vehicles and making a
penalty applicable.

Read first time and placed on the calendar.

House File 2313, by Garman and Davis, a bill for an act relating
to the temporary confinement of inmates in county jail facilities.

Read first time and referred to committee on judiciary.

House File 2314, by committee on judiciary, a bill for an act
relating to the accumulation of credit upon an inmate's sentence for
Iowa inmates incarcerated in another jurisdiction.


Read first time and placed on the calendar.

House File 2315, by committee on local government, a bill for an
act concerning the payment of health and medical insurance coverage
costs by cities to retired employees.

Read first time and placed on the calendar.

House File 2316, by committee on commerce and regulation, a
bill for an act relating to the regulation of health organizations for
purposes of solvency and establishing a measure for the risk-based
capital of a health organization.

Read first time and placed on the calendar.

House File 2317, by committee on commerce and regulation, a
bill for an act relating to the regulation of the sale of viatical
settlements.

Read first time and placed on the calendar.

House File 2318, by Shoultz, Greimann, Jochum, Dotzler, Witt,
Reynolds, Fallon, Stevens, Mascher, and Kreiman, a bill for an act
relating to beverage container control laws and providing a penalty.

Read first time and referred to committee on environmental
protection.

House File 2319, by Hoffman, a bill for an act to allow the
assignment of benefits under an insurance policy or contract, or
health benefit plan to the provider of health care services.

Read first time and referred to committee on commerce and
regulation.

House File 2320, by Foege, a bill for an act making an
appropriation to the department of education for continuation of a
model outreach program for services for youth with disabilities.

Read first time and referred to committee on appropriations.


SENATE MESSAGE CONSIDERED

Senate File 2158, by committee on commerce, a bill for an act
relating to the limitation on deposits which may be held by a
depository institution or holding company and establishment of a
procedure for determining compliance with such limitation, providing
for the Act's applicability, and providing an effective date.

Read first time and passed on file.

CONSIDERATION OF BILL
Regular Calendar

House File 2080, a bill for an act relating to third-party payment
of health care coverage costs for biologically based mental illness
treatment services, with report of committee recommending
amendment and passage, was taken up for consideration.

Sukup of Franklin in the chair at 4:50 p.m.

Hansen of Pottawattamie offered amendment H-8011 filed by the
committee on commerce and regulation as follows:

H-8011

1 Amend House File 2080 as follows:
2 1. Page 2, by inserting after line 30 the
3 following:
4 "7. a. a group policy or contract or plan covered
5 under this section shall not impose an aggregate
6 annual or lifetime limit on biologically based mental
7 illness coverage benefits unless the policy or
8 contract or plan imposes an aggregate annual or
9 lifetime limit on substantially all medical and
10 surgical coverage benefits.
11 b. a group policy or contract or plan covered
12 under this section that imposes an aggregate annual or
13 lifetime limit on substantially all medical and
14 surgical coverage benefits shall not impose an
15 aggregate annual or lifetime limit on biologically
16 based mental illness coverage benefits which is less
17 than the aggregate annual or lifetime limit imposed on
18 substantially all medical and surgical coverage
19 benefits."
20 2. Page 2, by striking line 35 and inserting the
21 following: "copayments, provided the amounts and

22 extent of such deductibles, coinsurance, or
23 copayments".
24 3. Page 3, line 2, by inserting after the word
25 "plan" the following: "are the same".
26 4. Page 3, line 15, by striking the word "July"
27 and inserting the following: "January".
28 5. By renumbering as necessary.

The committee amendment H-8011 was adopted.

Osterhaus of Jackson offered amendment H-8035 filed by
Osterhaus, et al., as follows:

H-8035

1 Amend House File 2080 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. NEW SECTION. 514C.19 MENTAL HEALTH
5 AND SUBSTANCE ABUSE COVERAGE.
6 1. Notwithstanding the uniformity of treatment
7 requirements of section 514C.6, a group policy or
8 contract providing for third-party payment or
9 prepayment of health or medical expenses shall provide
10 mental health and substance abuse treatment coverage
11 benefits and shall not impose limitations on financial
12 terms for coverage of services for serious mental
13 illnesses or substance abuse if similar limitations
14 are not imposed on the coverage benefits for services
15 for medical or surgical conditions.
16 2. For purposes of this section, unless the
17 context otherwise requires:
18 a. "Serious mental illness" means the following
19 disorders, as defined by the American psychiatric
20 association's diagnostic and statistical manual of
21 mental disorders:
22 (1) Schizophrenia.
23 (2) Schizo-affective disorder.
24 (3) Bipolar disorder.
25 (4) Major depressive disorder.
26 (5) Obsessive-compulsive disorder.
27 (6) Autism.
28 (7) Pervasive developmental disorders.
29 (8) Panic disorder.
30 (9) Paranoia and other psychotic disorders.
31 (10) Eating disorders, including but not limited
32 to bulimia nervosa and anorexia nervosa.
33 b. "Substance abuse" means a pattern of
34 pathological use of alcohol or a drug that causes
35 impairment in social or occupational functioning, or
36 that produces physiological dependency evidenced by

37 physical tolerance or by physical symptoms when the
38 alcohol or drug is withdrawn.
39 2. This section shall not apply to accident-only,
40 specific disease, short-term hospital or medical,
41 hospital confinement indemnity, credit, dental,
42 vision, Medicare supplement, long-term care, basic
43 hospital and medical-surgical expense coverage as
44 defined by the commissioner, disability income
45 insurance coverage, coverage issued as a supplement to
46 liability insurance, workers' compensation or similar
47 insurance, automobile medical payment insurance, or
48 individual accident or sickness policies issued
49 pursuant to chapter 513C.
50 3. a third-party payor may manage the benefits

Page 2

1 provided through common methods including, but not
2 limited to, providing payment of benefits or providing
3 care and treatment under a capitated payment system,
4 prospective reimbursement rate system, utilization
5 control system, incentive system for the use of least
6 restrictive and least costly levels of care, a
7 preferred provider contract limiting choice of
8 specific provider, or any other system, method, or
9 organization designed to ensure services are medically
10 necessary and clinically appropriate.
11 4. a group policy or contract covered under this
12 section, at a minimum, shall provide for thirty
13 inpatient and sixty outpatient days annually. The
14 policy or contract may also include deductibles,
15 coinsurance, or copayments if such deductibles,
16 coinsurance, or copayments are applicable to other
17 medical or surgical services coverage under the policy
18 or contract. It is not a violation of this section if
19 the policy or contract excludes entirely from coverage
20 benefits the cost of providing the following:
21 a. Marital, family, educational, developmental, or
22 training services.
23 b. Care that is substantially custodial in nature.
24 c. Services and supplies that are not medically
25 necessary or clinically appropriate.
26 d. Experimental treatments.
27 5. The commissioner, by rule, shall increase the
28 mental health and substance abuse lifetime limit in
29 the individual market guaranteed standard product to
30 one hundred thousand dollars.
31 6. a group policy is exempt from this section upon
32 submitting to the commissioner evidence demonstrating
33 a premium increase for the policy term in excess of
34 three percent as a result of the requirements of this
35 section.

36 7. This section applies to third-party payment
37 provider contracts or policies delivered, issued for
38 delivery, continued, or renewed in this state on or
39 after January 1, 2001.
40 8. This section is repealed effective July 1,
41 2003."
42 2. Title page, by striking line 2 and inserting
43 the following: "costs for mental illness and
44 substance abuse treatment".

The House stood at ease at 5:04 p.m., until the fall of the gavel.

The House resumed session at 5:29 p.m., Speaker Siegrist in the
chair.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Nelson-Forbes of Marshall on request of Rants of Woodbury.

Osterhaus of Jackson moved the adoption of amendment H-8035.

Roll call was requested by Osterhaus of Jackson and Jochum of
Dubuque.

On the question "Shall amendment H-8035 be adopted?" (H.F.
2080)

Rule 75 was invoked.

The ayes were, 44:
Bell Bukta Cataldo Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Greimann Holveck
Huser Jochum Kreiman Kuhn
Larkin Mascher May Mertz
Mundie Murphy Myers O'Brien
Osterhaus Parmenter Reynolds Richardson
Scherrman Schrader Shoultz Stevens
Taylor, D. Taylor, T. Thomas Warnstadt
Weigel Whitead Wise Witt

 




The nays were, 55:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Cormack Davis Dix Dolecheck
Drake Eddie Garman Gipp
Greiner Grundberg Hahn Hansen
Heaton Hoffman Holmes Horbach
Houser Huseman Jacobs Jager
Jenkins Johnson Kettering Klemme
Larson Lord Martin Metcalf
Millage Raecker Rants Rayhons
Shey Sukup Sunderbruch Teig
Thomson Tyrrell Van Engelenhoven Van Fossen
Weidman Welter Mr. Speaker
Siegrist

 


Absent or not voting, 1:
Nelson-Forbes

 


Amendment H-8035 lost.

Chiodo of Polk offered the following amendment H-8033 filed by
Chiodo, et al., and moved its adoption:

H-8033

1 Amend House File 2080 as follows:
2 1. Page 1, line 1, by striking the words
3 "BIOLOGICALLY BASED" and inserting the following:
4 "SERIOUS".
5 2. Page 1, line 9, by striking the words
6 "biologically based" and inserting the following:
7 "serious".
8 3. Page 1, line 26, by striking the words
9 "biologically based" and inserting the following:
10 "serious".
11 4. Page 1, line 27, by striking the words
12 "biologically based" and inserting the following:
13 "serious".
14 5. Page 1, by inserting after line 35 the
15 following:
16 "h. Post traumatic stress syndrome."
17 6. Page 2, line 2, by striking the words
18 "biologically based" and inserting the following:
19 "serious".
20 7. Title page, line 2, by striking the words
21 "biologically based" and inserting the following:
22 "serious".

Speaker pro tempore Sukup in the chair at 7:03 p.m.

Roll call was requested by Chiodo of Polk and Murphy of Dubuque.

On the question "Shall amendment H-8033 be adopted?" (H.F.
2080)

The ayes were, 44:
Bell Bukta Cataldo Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Greimann Holveck
Huser Jochum Kreiman Kuhn
Larkin Mascher May Mertz
Mundie Murphy Myers O'Brien
Osterhaus Parmenter Reynolds Richardson
Scherrman Schrader Shoultz Stevens
Taylor, D. Taylor, T. Thomas Warnstadt
Weigel Whitead Wise Witt

 


The nays were, 55:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Cormack Davis Dix Dolecheck
Drake Eddie Garman Gipp
Greiner Grundberg Hahn Hansen
Heaton Hoffman Holmes Horbach
Houser Huseman Jacobs Jager
Jenkins Johnson Kettering Klemme
Larson Lord Martin Metcalf
Millage Raecker Rants Rayhons
Shey Siegrist, Spkr. Sunderbruch Teig
Thomson Tyrrell Van Engelenhoven Van Fossen
Weidman Welter Sukup,
Presiding

 


Absent or not voting, 1:
Nelson-Forbes

 


Amendment H-8033 lost.

Osterhaus of Jackson asked and received unanimous consent to
withdraw amendment H-8034 filed by Osterhaus, et al., on February
15, 2000.


Osterhaus of Jackson asked and received unanimous consent to
withdraw amendment H-8016 filed by him on February 8, 2000.

Osterhaus of Jackson offered the following amendment H-8022
filed by him and moved its adoption:

H-8022

1 Amend House File 2080 as follows:
2 1. Page 1, by striking lines 3 through 22 and
3 inserting the following:
4 "1. Notwithstanding the uniformity of treatment
5 requirements of section 514C.6, a group policy or
6 contract providing for third-party payment or
7 prepayment of health or medical expenses shall provide
8 mental health and substance abuse treatment coverage
9 benefits and shall not impose limitations on financial
10 terms for coverage of services for serious mental
11 illnesses or substance abuse if similar limitations
12 are not imposed on the coverage benefits for services
13 for medical or surgical conditions."
14 2. Page 1, line 26, by striking the words
15 "biologically based" and inserting the following:
16 "serious".
17 3. Page 1, line 27, by striking the words
18 "biologically based" and inserting the following:
19 "serious".
20 4. Page 1, by inserting after line 35 the
21 following:
22 "h. Panic disorder.
23 i. Paranoia and other psychotic disorders.
24 j. Eating disorders, including but not limited to
25 bulimia nervosa and anorexia nervosa.
26 3A. For purposes of this section, "substance
27 abuse" means a pattern of pathological use of alcohol
28 or a drug that causes impairment in social or
29 occupational functioning, or that produces
30 physiological dependency evidenced by physical
31 tolerance or by physical symptoms when the alcohol or
32 drug is withdrawn."
33 5. Page 2, line 2, by striking the words
34 "biologically based" and inserting the following:
35 "serious".
36 6. Page 3, by inserting after line 11 the
37 following:
38 "7A. a group policy is exempt from this section
39 upon submitting to the commissioner evidence
40 demonstrating a premium increase for the policy term
41 in excess of three percent as a result of the
42 requirements of this section."

43 7. Page 3, by inserting after line 15 the
44 following:
45 "9. This section is repealed effective July 1,
46 2003."
47 8. Title page, by striking line 2, and inserting
48 the following: "costs for serious mental illness and
49 substance abuse treatment".

Roll call was requested by Osterhaus of Jackson and Speaker
Siegrist.

On the question "Shall amendment H-8022 be adopted?" (H.F.
2080)

The ayes were, 45:
Bell Bukta Cataldo Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Greimann Hahn
Holveck Huser Jochum Kreiman
Kuhn Larkin Mascher May
Mertz Mundie Murphy Myers
O'Brien Osterhaus Parmenter Reynolds
Richardson Scherrman Schrader Shoultz
Stevens Taylor, D. Taylor, T. Thomas
Warnstadt Weigel Whitead Wise
Witt

 


The nays were, 54:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Cormack Davis Dix Dolecheck
Drake Eddie Garman Gipp
Greiner Grundberg Hansen Heaton
Hoffman Holmes Horbach Houser
Huseman Jacobs Jager Jenkins
Johnson Kettering Klemme Larson
Lord Martin Metcalf Millage
Raecker Rants Rayhons Shey
Siegrist, Spkr. Sunderbruch Teig Thomson
Tyrrell Van Engelenhoven Van Fossen Weidman
Welter Sukup,
Presiding

 


Absent or not voting, 1:
Nelson-Forbes
Amendment H-8022 lost.

 


Jager of Black Hawk asked and received unanimous consent to
withdraw amendment H-8019 filed by him on February 9, 2000.

Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-8037 filed by him on February 15, 2000.

Speaker Siegrist in the chair at 7:43 p.m.

Grundberg of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question "Shall the bill pass?" (H.F. 2080)

The ayes were, 55:
Barry Blodgett Boal Boddicker
Boggess Bradley Brauns Bukta
Carroll Cataldo Chiodo Cormack
Davis Dolecheck Dotzler Fallon
Foege Ford Frevert Garman
Gipp Grundberg Hahn Hansen
Heaton Hoffman Holveck Houser
Huseman Huser Jacobs Jenkins
Klemme Kreiman Kuhn Martin
Mertz Mundie Myers O'Brien
Parmenter Raecker Rants Reynolds
Shey Shoultz Stevens Sunderbruch
Thomas Thomson Van Fossen Warnstadt
Whitead Witt Mr. Speaker
Siegrist

 


The nays were, 44:
Alons Arnold Baudler Bell
Brunkhorst Cohoon Connors Dix
Doderer Drake Drees Eddie
Falck Greimann Greiner Holmes
Horbach Jager Jochum Johnson
Kettering Larkin Larson Lord
Mascher May Metcalf Millage
Murphy Osterhaus Rayhons Richardson
Scherrman Schrader Sukup Taylor, D.
Taylor, T. Teig Tyrrell Van Engelenhoven
Weidman Weigel Welter Wise

 



Absent or not voting, 1:
Nelson-Forbes

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 2080 be immediately messaged to the Senate.

HOUSE FILE 2207 REREFERRED

The Speaker announced that House File 2207, previously referred
to committee on state government was rereferred to committee on
judiciary.

PRESENTATION OF VISITORS

The Speaker announced that the following visitors were present in
the House chamber:

Twelve members of the Family Career and Community Leaders of
America from Logan Magnolia Schools, Logan, accompanied by
Advisor Deneen Healey. By Barry of Harrison

Seven high school students from Walnut Community School,
Walnut. By Drake of Pottawattamie.

Seven students from Glenwood High School FCCLA, Glenwood,
accompanied by Mrs. Janis Moore. By Houser of Pottawattamie.

Students from Bondurant Junior-Senior High School, accompanied
by Mrs. Griswald. By Huser of Polk.

COMMUNICATION RECEIVED

The following communication was received and filed in the office of
the Chief Clerk:


GOVERNOR'S ALLIANCE ON SUBSTANCE ABUSE

The Iowa Drug Control Strategy, a comprehensive three-year plan for addressing
substance abuse in our state, pursuant to Chapter 80E, 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

2000\307 Patricia and Raymond Link, Maxwell - For celebrating their 50th
wedding anniversary.

2000\308 Andrew Olson, Waukon - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2000\309 Marlene and LaVoy "Bud" Thiessen, Chelsea - For celebrating their
50th wedding anniversary.

SUBCOMMITTEE ASSIGNMENTS

House File 774

Ways and Means: Teig, Chair; Houser and Kuhn.

House File 2148 Reassigned

Commerce and Regulation: Raecker, Chair; Jenkins and D. Taylor.

House File 2208

Labor and Industrial Relations: Larson, Chair; Horbach and T. Taylor.

House File 2213

Appropriations: Millage, Chair; Cormack and Murphy.

House File 2223

Transportation: May, Chair; Arnold and Blodgett.

House File 2227

Appropriations: Millage, Chair; Cormack and Mertz.


House File 2228

Local Government: Carroll, Chair; Huser and Weidman.

House File 2231

Local Government: Arnold, Chair; Hahn and Richardson.

House File 2232

Local Government: Arnold, Chair; Richardson and Welter.

House File 2267

Appropriations: Millage, Chair; Cormack and Mascher.

House File 2282

Transportation: Blodgett, Chair; Brauns and Thomas.

House File 2286

Appropriations: Millage, Chair; Cormack and Murphy.

Senate File 477

Appropriations: Garman, Chair; Falck and Greiner.

Senate File 2089

Ways and Means: Boal, Chair; Frevert and Lord.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 671

Environmental Protection: Gipp, Chair; Klemme and Shoultz.

House Study Bill 672

Environmental Protection: Boggess, Chair; Alons and Richardson.

House Study Bill 673

Environmental Protection: Gipp, Chair; Klemme and Shoultz.

House Study Bill 674

Environmental Protection: Gipp, Chair; Klemme and Shoultz.


House Study Bill 675

Commerce and Regulation: Raecker, Chair; Cataldo and Hoffman.

House Study Bill 678

Economic Development: Dolecheck, Chair; Stevens and Teig.

House Study Bill 679

Labor and Industrial Relations: Horbach, Chair; Dotzler and Hoffman.

House Study Bill 681

Environmental Protection: Brunkhorst, Chair; Cormack and Stevens.

House Study Bill 682

Environmental Protection: Bradley, Chair; Klemme and Witt.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 683 Human Resources

Relating to licensure requirements for physician assistants and
providing an effective date.

H.S.B. 684 Transportation

Relating to motor vehicle registration periods and providing an
effective date.

H.S.B. 685 Transportation

Relating to the use of blue lights on authorized emergency vehicles.

H.S.B. 686 Transportation

Relating to the vacation of roads and road rights-of-way.

H.S.B. 687 Transportation

Relating to operating while intoxicated, including ignition interlock
and license revocation provisions.


H.S.B. 688 Transportation

Relating to motor vehicles, including driver licensing, the use of child
restraints and safety belts for children, and the designation of
vehicles as authorized emergency vehicles, and making a penalty
applicable.

H.S.B. 689 Transportation

Relating to transportation, including procedures for highway projects,
aircraft registration, and passenger rail service, and providing an
effective date.

H.S.B. 690 Environmental Protection

Creating an environmental protection fund, providing for the
appropriation of moneys in the fund, and increasing certain civil
penalties.

H.S.B. 691 Education

Relating to the college student aid commission's membership, duties,
and authority, and related federal employment reports.

H.S.B. 692 Judiciary

Relating to the statute of limitations for filing a sexual abuse or
sexual exploitation criminal indictment or information.

H.S.B. 693 Judiciary

Relating to law enforcement training requirements for county
sheriffs.

H.S.B. 694 Judiciary

Relating to revocation of a person's driver's license for commission of
vehicular homicide and making a penalty applicable.


H.S.B. 695 Economic Development

Creating an Iowa Lewis and Clark bicentennial commission, an Iowa
Lewis and Clark bicentennial fund, and providing an effective date.

H.S.B. 696 Economic Development

Creating a brownfield redevelopment program and fund and a
brownfield redevelopment advisory council.

H.S.B. 697 Local Government

Providing for a reduction in valuation for property tax purposes of
certain property located in proximity to a hog confinement facility
and providing for the Act's applicability.

H.S.B. 698 Local Government

Relating to urban renewal and urban revitalization and providing for
the Act's applicability.

H.S.B. 699 Local Government

Relating to the publication and recordkeeping duties of county
officers by providing for the maintenance of permanent records by
electronic means and the determination of publication rates.

H.S.B. 700 Natural Resources

Relating to the taking of fish and game by establishing residency
requirements and methods of taking fish and subjecting violators to
an existing penalty.

H.S.B. 701 Human Resources

Providing registration requirements for direct entry midwives and
establishing a midwifery advisory council.


H.S.B. 702 Local Government

Authorizing a political subdivision to impose a local income surtax, in
addition to property taxes, to partially fund certain bonds, and
providing for the Act's applicability.

H.S.B. 703 Local Government

Relating to services provided by county officers including funding for
emergency medical services and the disposition of lost property.

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 AGRICULTURE

Committee Bill (Formerly House File 2108), extending the time period to qualify
for certain linked investment programs and providing an effective date.

Fiscal Note is not required.

Recommended Do Pass February 16, 2000.

Committee Bill (Formerly House Study Bill 653), eliminating the regulation of
certain dairy trade practices.

Fiscal Note is not required.

Recommended Do Pass February 16, 2000.

COMMITTEE ON COMMERCE AND REGULATION

Committee Bill (Formerly House File 399), relating to security interests and liens
or in agricultural products, providing for penalties, and providing an effective date.

Fiscal Note is not required.

Recommended Amend and Do Pass February 15, 2000.


Committee Bill (Formerly House Study Bill 516), relating to the administration
and enforcement of provisions regulating invention developers, by providing
registration requirements, fees, for the establishment of a fund, for the appropriation of
moneys in that fund, making penalties applicable, and providing effective dates.

Fiscal Note is not required.

Recommended Amend and Do Pass February 15, 2000.

Committee Bill (Formerly House Study Bill 580), relating to the regulation of
health organizations for purposes of solvency and establishing a measure for the risk-
based capital of a health organization.

Fiscal Note is not required.

Recommended Do Pass February 15, 2000.

Committee Bill (Formerly House Study Bill 581), relating to the regulation of the
sale of viatical settlements.

Fiscal Note is not required.

Recommended Amend and Do Pass February 15, 2000.

COMMITTEE ON EDUCATION

Committee Bill (Formerly House Study Bill 638), relating to requirements of and
authorizations for schools and area education agencies.

Fiscal Note is not required.

Recommended Amend and Do Pass February 16, 2000.

Committee Bill (Formerly House Study Bill 680), relating to the additional
weighting provided for limited English proficient students.

Fiscal Note is not required.

Recommended Amend and Do Pass February 16, 2000.

COMMITTEE ON HUMAN RESOURCES

Committee Bill (Formerly House File 2006), relating to individuals who may
witness a declaration under the life-sustaining procedures law or a document under the
durable power of attorney for health care law.

Fiscal Note is not required.

Recommended Amend and Do Pass February 15, 2000.


Committee Bill (Formerly House Study Bill 512), relating to child support
including medical support and payment of costs to financial institutions for data
matching and automation program development.

Fiscal Note is not required.

Recommended Do Pass February 15, 2000.

Committee Bill (Formerly House Study Bill 609), relating to the family
investment program and associated provisions.

Fiscal Note is not required.

Recommended Amend and Do Pass February 15, 2000.

Committee Bill (Formerly House Study Bill 616), relating to medical assistance,
including eligibility categories and transfer of assets.

Fiscal Note is not required.

Recommended Do Pass February 15, 2000.

COMMITTEE ON JUDICIARY

Committee Bill (Formerly House File 2034), relating to operating a motorboat or
sailboat while intoxicated and providing penalties.

Fiscal Note is required.

Recommended Amend and Do Pass February 15, 2000.

Committee Bill (Formerly House Study Bill 562), relating to the retention of
private attorneys by the state.

Fiscal Note is required.

Recommended Amend and Do Pass February 15, 2000.

Committee Bill (Formerly House Study Bill 604), relating to the accumulation of
credit upon an inmate's sentence for Iowa inmates incarcerated in another jurisdiction.

Fiscal Note is required.

Recommended Do Pass February 15, 2000.

COMMITTEE ON LOCAL GOVERNMENT

Committee Bill (Formerly House Study Bill 173), concerning the payment of
health and medical insurance coverage costs by cities to retired employees.


Fiscal Note is not required.

Recommended Do Pass February 15, 2000.

Committee Bill (Formerly House Study Bill 587), relating to procedures for
discontinuance of a city.

Fiscal Note is not required.

Recommended Do Pass February 10, 2000.

Committee Bill (Formerly House Study Bill 633), relating to county levy and
expenditure authority involving the county mental health, mental retardation, and
developmental disabilities services fund by prohibiting appropriations from the fund
for capital assets, authorizing associated county general fund levies and expenditures,
and including transition, effective, and applicability dates, and other related
provisions.

Fiscal Note is not required.

Recommended Amend and Do Pass February 15, 2000.

COMMITTEE ON STATE GOVERNMENT

House File 2206, a bill for an act providing for the waiver or variance of
administrative rules by state agencies.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-8041 February 16,
2000.

Committee Bill (Formerly House File 334), requesting the governor to issue
annually a proclamation designating a "Bill of Rights Day".

Fiscal Note is not required.

Recommended Amend and Do Pass February 16, 2000.

Committee Bill (Formerly House File 392), relating to authorization to provide
emergency and nonemergency medical care services.

Fiscal Note is not required.

Recommended Amend and Do Pass February 16, 2000.

Committee Bill (Formerly House File 2081), relating to directional signs visible
from the street at polling places.

Fiscal Note is not required.

Recommended Do Pass February 16, 2000.

Committee Bill (Formerly House Study Bill 629), relating to leaves of absence for
county employees subject to civil service who are candidates for elective office.

Fiscal Note is not required.

Recommended Amend and Do Pass February 16, 2000.

COMMITTEE ON TRANSPORTATION

Committee Bill (Formerly House Study Bill 667), relating to the regulation of
certain low-speed vehicles and making a penalty applicable.

Fiscal Note is not required.

Recommended Do Pass February 15, 2000.

RESOLUTION FILED

HR 107, by Hoffman, a resolution to honor Shelley Fabares for her
contributions to the memory of Donna Reed.

Laid over under Rule 25.

AMENDMENTS FILED

H-8039 H.F. 2172 Baudler of Adair
Davis of Wapello
Bell of Jasper
H-8040 S.F. 324 Boddicker of Cedar
H-8041 H.F. 2206 Committee on State Government

On motion by Rants of Woodbury the House adjourned at 8:10
p.m., until 8:45 a.m., Thursday, February 17, 2000.


Previous Day: Tuesday, February 15Next Day: Thursday, February 17
Senate Journal: Index House Journal: Index
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