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House Journal: Tuesday, April 11, 2000

JOURNAL OF THE HOUSE

Ninety-third Calendar Day - Sixtieth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, April 11, 2000

The House met pursuant to adjournment at 8:48 a.m., Speaker
Siegrist in the chair.

Prayer was offered by Father Harness, pastor of St. Joseph's
Catholic Church, De Witt.

The Journal of Monday, April 10, 2000 was approved.

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 10, 2000, passed the following bill in which the concurrence of the Senate was
asked:

House File 754, a bill for an act relating to individual and group accident and
sickness insurance, nonprofit health service plans, and health maintenance
organizations, by mandating coverage for anesthesia and certain hospital charges
associated with the provision of dental care services.

Also: That the Senate has on April 10, 2000, amended and passed the following bill
in which the concurrence of the House is asked:

House File 2502, a bill for an act relating to fee-supported services provided by a
county including the payment of county law enforcement salaries and expenses.

Also: That the Senate has on April 10, 2000, amended and passed the following bill
in which the concurrence of the House is asked:

House File 2519, a bill for an act relating to probation and parole by extending the
repeal of the sixth judicial district pilot project concerning probation revocation
hearings and by establishing the position of vice chairperson of the board of parole, and
providing an effective date.

Also: That the Senate has on April 10, 2000, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

Senate File 324, a bill for an act relating to certain franchise agreements and the
rights and responsibilities of the parties under such agreements.


Also: That the Senate has on April 10, 2000, amended the House amendment,
concurred in the House amendment as amended, and passed the following bill in which
the concurrence of the House is asked:

Senate File 2302, a bill for an act relating to programs and public health issues
under the purview of the Iowa department of public health and the appropriation of
certain fees to the department.

Also: That the Senate has on April 10, 2000, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

Senate File 2360, a bill for an act relating to state and local administrative and
employment provisions involving human services and providing an effective date.

MICHAEL E. MARSHALL, Secretary

ADOPTION OF HOUSE RESOLUTION 119

Ford of Polk called up for consideration House Resolution 119, a
resolution congratulating Cameron Hawkins, and moved its adoption.

The motion prevailed and the resolution was adopted.

CONSIDERATION OF BILLS
Ways and Means Calendar

House File 2557, a bill for an act relating to the state's
disposition of unclaimed property law by setting a limit on the
retention of abandoned property records, excluding certain property
from being considered abandoned property, and setting requirements
and conditions for hiring independent auditors, was taken up for
consideration.

Myers of Johnson asked and received unanimous consent to
withdraw amendment H-8756 filed by him on April 6, 2000.

Sukup of Franklin offered the following amendment H-8782 filed
by him and Myers of Johnson and moved its adoption:

H-8782

1 Amend House File 2557 as follows:
2 1. Page 1, by striking lines 1 through 11.
3 2. Page 1, line 17, by striking the word "three"
4 and inserting the following: "four".
5 3. Page 1, line 26, by striking the word "three"


6 and inserting the following: "four".
7 4. Page 1, by striking lines 28 through 34 and
8 inserting the following:
9 "Sec. ___. The treasurer of state shall give
10 notice of intended action, as required in section
11 17A.4, to adopt rules providing for the conditions and
12 requirements for entering into a contract with an
13 independent auditor to conduct the examination allowed
14 under section 556.23 on behalf of the treasurer. The
15 proposed rules shall, at a minimum, contain the".
16 5. Title page, by striking lines 3 and 4 and
17 inserting the following: "records and requiring the
18 filing of rules setting requirements and conditions".

Amendment H-8782 was adopted.

Sukup of Franklin 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. 2557)

The ayes were, 97:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Cohoon
Connors Cormack Davis Dix
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege Ford Garman Gipp
Greimann Greiner Grundberg Hahn
Heaton Hoffman Holmes Holveck
Horbach Houser Huseman Huser
Jacobs Jager Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Millage Mundie Murphy
Myers Nelson-Forbes O'Brien Osterhaus
Parmenter Raecker Rants Rayhons
Reynolds Richardson Scherrman Schrader
Shey Shoultz Stevens Sukup
Sunderbruch Taylor, D. Taylor, T. Teig
Thomas Thomson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Mr. Speaker
Siegrist
The nays were, none.

 


Absent or not voting, 3:
Chiodo Frevert Hansen

 


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

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 2557 be immediately messaged to the Senate.

Unfinished Business Calendar

Senate File 2126, a bill for an act relating to third-party payment
of health care coverage costs for prescription contraceptive drugs, de-
vices, and services, with report of committee recommending passage,
was taken up for consideration.

Rayhons of Hancock asked and received unanimous consent to
withdraw amendment H-8740 filed by him on April 5, 2000.

Boddicker of Cedar offered the following amendment H-8477 filed
by Boddicker, et al., and moved its adoption:

H-8477

1 Amend Senate File 2126, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 8, by inserting after the word
4 "devices" the following: "which prevent conception
5 and which are".
6 2. Page 1, line 15, by inserting after the word
7 "services" the following: "which are provided for the
8 purpose of preventing conception".

Amendment H-8477 was adopted.

Van Fossen of Scott asked and received unanimous consent to
withdraw amendment H-8768 filed by Van Fossen, et al., on April 6,
2000.


Martin 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. 2126)

The ayes were, 85:
Arnold Barry Bell Blodgett
Boal Boggess Bradley Brauns
Brunkhorst Bukta Carroll Cataldo
Chiodo Cohoon Connors Davis
Dix Doderer Dotzler Drake
Drees Eddie Falck Fallon
Foege Ford Gipp Greimann
Greiner Grundberg Hahn Heaton
Holmes Holveck Houser Huseman
Huser Jacobs Jager Jenkins
Jochum Kettering Klemme Kreiman
Kuhn Larkin Larson Martin
Mascher May Mertz Metcalf
Millage Mundie Murphy Myers
Nelson-Forbes O'Brien Osterhaus Parmenter
Raecker Rants Reynolds Richardson
Scherrman Schrader Shey Shoultz
Stevens Sukup Sunderbruch Taylor, D.
Taylor, T. Teig Thomas Thomson
Van Fossen Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Mr. Speaker
Siegrist

 


The nays were, 12:
Alons Baudler Boddicker Cormack
Dolecheck Hoffman Horbach Johnson
Lord Rayhons Tyrrell Van Engelenhoven

 


Absent or not voting, 3:
Frevert Garman Hansen

 


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
Senate File 2126 be immediately messaged to the Senate.

SENATE AMENDMENTS CONSIDERED

Barry of Harrison called up for consideration Senate File 2348, a
bill for an act relating to the loess hills development and conservation
authority by creating a hungry canyons alliance and providing mem-
bership guidelines for board of directors of the conservation authority
and loess hills alliance, amended by the House, further amended by
the Senate and moved that the House concur in the following Senate
amendment H-8773, to the House amendment:

H-8773

1 Amend the House amendment, S-5248, to Senate File
2 2348, as passed by the Senate, as follows:
3 1. Page 1, by striking lines 7 through 48 and
4 inserting the following:
5 "NEW SUBSECTION. 5. In matters relating to the
6 conservation, preservation, or development of the
7 loess hills, state agencies shall coordinate,
8 cooperate, and consult with the loess hills
9 development and conservation authority and its
10 associated alliances.""

The motion prevailed and the House concurred in the Senate
amendment H-8773, to the House amendment.

Barry of Harrison moved that the bill, as amended by the House,
further amended by the Senate and concurred in by the House, be
read a last time now and placed upon its passage which motion pre-
vailed and the bill was read a last time.

On the question "Shall the bill pass?" (S.F. 2348)

The ayes were, 91:
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 Eddie Falck Foege
Garman Gipp Greiner Grundberg
Hahn Heaton Hoffman Holveck
Horbach Houser Huseman Huser
Jacobs Jager Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Millage Murphy Myers
Nelson-Forbes O'Brien Osterhaus Parmenter
Raecker Rants Rayhons Reynolds
Richardson Scherrman Schrader Shey
Shoultz Stevens Sukup Sunderbruch
Taylor, D. Taylor, T. Teig Thomas
Thomson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Weigel Welter
Wise Witt Mr. Speaker
Siegrist

 


The nays were, 5:
Drees Fallon Ford Greimann
Whitead

 


Absent or not voting, 4:
Frevert Hansen Holmes Mundie

 


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

Davis of Wapello called up for consideration House File 2419, a
bill for an act changing the criminal penalties relating to possession,
manufacture, or delivery of amphetamines, amended by the Senate,
and moved that the House concur in the following Senate amendment
H-8783:

H-8783

1 Amend House File 2419 as passed by the House as
2 follows:
3 1. Page 3, by inserting after line 15 the
4 following:
5 "Sec. ___. NEW SECTION. 124.414 DRUG
6 PARAPHERNALIA.
7 1. a. As used in this section, "drug
8 paraphernalia" means all equipment, products, or
9 materials of any kind used or attempted to be used in
10 combination with a controlled substance, except those
11 items used in combination with the lawful use of a
12 controlled substance, to knowingly or intentionally
13 and primarily do any of the following:
14 (1) Manufacture a controlled substance.
15 (2) Inject, ingest, inhale, or otherwise introduce
16 into the human body a controlled substance.
17 (3) Test the strength, effectiveness, or purity of

18 a controlled substance.
19 (4) Enhance the effect of a controlled substance.
20 b. "Drug paraphernalia" does not include
21 hypodermic needles or syringes if manufactured,
22 delivered, sold, or possessed for a lawful purpose.
23 2. It is unlawful for any person to knowingly or
24 intentionally manufacture, deliver, sell, or possess
25 drug paraphernalia.
26 3. A person who violates this section commits a
27 simple misdemeanor."
28 2. Title page, by striking lines 1 and 2 and
29 inserting the following: "An Act concerning the
30 criminal penalties relating to amphetamines or drug
31 paraphernalia."

Sukup of Franklin in the chair at 9:31 a.m.

The motion prevailed and the House concurred in the Senate
amendment H-8783.

Davis of Wapello 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. 2419)

The ayes were, 89:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Chiodo
Cohoon Connors Cormack Davis
Dix Dolecheck Dotzler Drake
Drees Eddie Falck Foege
Garman Gipp Greiner Hahn
Hansen Heaton Hoffman Holmes
Holveck Horbach Houser Huseman
Huser Jacobs Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lord
Martin May Mertz Metcalf
Millage Mundie Myers Nelson-Forbes
O'Brien Osterhaus Raecker Rants
Rayhons Reynolds Richardson Scherrman
Schrader Shey 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, 8:
Doderer Fallon Ford Greimann
Mascher Murphy Parmenter Shoultz

 


Absent or not voting, 3:
Frevert Grundberg Jager

 


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

IMMEDIATE MESSAGES

Jacobs of Polk asked and received unanimous consent that the
following bills be immediately messaged to the Senate: House File
2419 and Senate File 2348.

Ways and Means Calendar

House File 2556, a bill for an act relating to the accelerated
career education program, providing a tax credit from withholding,
creating an accelerated career education grant program and fund,
relating to the transfer of job training withholding to the workforce
development fund account, and providing an effective date, was taken
up for consideration.

Jenkins of Black Hawk offered amendment H-8776 filed by him as
follows:

H-8776

1 Amend House File 2556 as follows:
2 1. Page 5, line 18, by inserting after the word
3 "section" the following: "and shall develop and
4 implement a method for allocating moneys based upon
5 the need for skills and occupations for which an
6 applied technical education is required".
7 2. Page 6, by striking lines 9 through 12 and
8 inserting the following: "less. The grants shall be
9 awarded on an annual basis. Applicants who meet the
10 application deadline shall be ranked by the commission

11 in order of need. The commission shall award grants
12 to applicants in order of need beginning with
13 applicants with the greatest need, insofar as funds
14 permit. If a student receiving grant moneys
15 discontinues attendance before the end of any term,
16 the entire amount of any refund due that student, up
17 to the amount of any payments made under the grant,
18 shall be paid by the institution to the state for
19 deposit in the accelerated career education grant
20 fund."

The House stood at ease at 10:05 a.m., until the fall of the gavel.
(Amendment H-8776 pending)

The House resumed session at 11:08 a.m., Speaker Siegrist in the
chair.

Rants of Woodbury asked and received unanimous consent that
House File 2556 be temporarily deferred.

ADOPTION OF HOUSE RESOLUTION 120

Myers of Johnson asked and received unanimous consent for the
immediate consideration of House Resolution 120, a resolution
congratulating the University of Iowa Hawkeyes Wrestling Team,
and moved its adoption.

The motion prevailed and the resolution was adopted.

SPECIAL PRESENTATION

Myers of Johnson introduced to the House Head Coach Jim
Zalesky who addressed the House briefly and introduced members of
the University of Iowa Wrestling Team.

The House rose and expressed its welcome.

INTRODUCTION OF BILLS

House File 2567, by committee on appropriations, a bill for an act
relating to the compensation and benefits for public officials and
employees, providing for related matters, and making appropriations.

Read first time and placed on the appropriations calendar.

House File 2568, by committee on ways and means, a bill for an
act relating to the taxation of property used by the Iowa national
guard.

Read first time and placed on the ways and means calendar.

House File 2569, by committee on ways and means, a bill for an
act exempting the sale of livestock ear tags by certain nonprofit
organizations from the sales and use taxes.

Read first time and placed on the ways and means calendar.

House File 2570, by committee on ways and means, a bill for an
act exempting the increase in assessed value of a farm structure due
to improvements made to the structure to preserve it as a barn.

Read first time and placed on the ways and means calendar.

House File 2571, by committee on appropriations, a bill for an act
relating to state government technology and operations, by making
and relating to appropriations to the Iowa communications network
for the support of certain Part III users, making appropriations to
various entities for other technology-related purposes, providing for
the procurement of information technology, providing for the use of
the network, and providing an effective date.

Read first time and placed on the appropriations calendar.

MESSAGES FROM THE SENATE

The following messages were received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 11, 2000, passed the following bill in which the concurrence of the Senate was
asked:

House File 2473, a bill for an act providing civil and criminal immunity for a school
employee related to the employee's participation in reporting and investigating
violence, threats of violence, or other inappropriate activity against a school employee
or student in a school building, on school grounds, or at a school-sponsored function.

Also: That the Senate has on April 11, 2000, amended and passed the following bill
in which the concurrence of the House is asked:


House File 2477, a bill for an act relating to public improvements and
transportation, including procedures for condemnation and highway projects, aircraft
registration, and passenger rail service, and providing an effective date.

Also: That the Senate has on April 11, 2000, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

Senate File 2143, a bill for an act relating to the eligibility of certain school
organizations to conduct games and raffles.

Also: That the Senate has on April 11, 2000, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

Senate File 2249, a bill for an act relating to a state agency purchasing preference
for bio-based hydraulic fluids, greases, and other industrial lubricants.

Also: That the Senate has on April 11, 2000, amended the House amendment,
concurred in the House amendment as amended, and passed the following bill in which
the concurrence of the House is asked:

Senate File 2329, a bill for an act increasing the fine for certain motor vehicle
violations relating to railroad crossings.

MICHAEL E. MARSHALL, Secretary

SENATE MESSAGE CONSIDERED

Senate File 2433, by committee on appropriations, a bill for an
act relating to state government technology and operations, by
making and relating to appropriations to the Iowa communications
network for the support of certain Part III users, making
appropriations to various entities for other technology-related
purposes, providing for the procurement of information technology,
providing for the use of the network, and providing an effective date.

Read first time and passed on file.

CHANGE OF VOTE

Doderer of Johnson asked and received unanimous consent to
change her vote on House File 2419 from "aye" to "nay", and the vote
was so recorded in the House Journal on pages 1380 and 1381.


CONSIDERATION OF BILL

The House resumed consideration of House File 2556 and
amendment H-8776, previously deferred.

On motion by Jenkins of Black Hawk amendment H-8776 was
adopted.

SENATE FILE 2439 SUBSTITUTED FOR HOUSE FILE 2556

Jenkins of Black Hawk asked and received unanimous consent to
substitute Senate File 2439 for House File 2556.

Senate File 2439, a bill for an act relating to the accelerated
career education program, providing a tax credit from withholding,
creating an accelerated career education grant program and fund,
relating to the transfer of job training withholding to the workforce
development fund account, and providing an effective date, was taken
up for consideration.

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

On the question "Shall the bill pass?" (S.F. 2439)

The ayes were, 97:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Chiodo
Cohoon Connors Cormack Davis
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege Ford Garman Gipp
Greimann Greiner Hahn Hansen
Heaton Hoffman Holmes Holveck
Horbach Houser Huseman Huser
Jacobs Jager Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Millage Mundie Murphy
Myers Nelson-Forbes O'Brien Osterhaus
Parmenter Raecker Rants Rayhons
Reynolds Richardson Scherrman Schrader
Shey Shoultz Stevens Sukup
Sunderbruch Taylor, D. Taylor, T. Teig
Thomas Thomson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Mr. Speaker
Siegrist

 


The nays were, 1:
Dix

 


Absent or not voting, 2:
Frevert Grundberg

 


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

HOUSE FILE 2556 WITHDRAWN

Jenkins of Black Hawk asked and received unanimous consent to
withdraw House File 2556 from further consideration by the House.

On motion by Rants of Woodbury, the House was recessed at 11:38
a.m., until 1:30 p.m.

AFTERNOON SESSION

The House reconvened at 1:35 p.m., Speaker Siegrist in the chair.

CONSIDERATION OF BILLS
Appropriations Calendar

Senate File 2435, 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, providing
effective dates, and providing for retroactive applicability, with report
of committee recommending passage, was taken up for consideration.

The House stood at ease at 1:50 p.m., until the fall of the gavel.


The House resumed session at 2:52 p.m., Speaker Siegrist in the
chair.

Foege of Linn asked and received unanimous consent to withdraw
amendment H-8758 filed by him on April 6, 2000.

Foege of Linn asked and received unanimous consent to withdraw
amendment H-8798 filed by him on April 10, 2000.

Jochum of Dubuque offered the following amendment H-8786 filed
by her and Foege of Linn and moved its adoption:

H-8786

1 Amend Senate File 2435 as amended, passed and
2 reprinted by the Senate, as follows:
3 1. Page 5, by striking line 16, and inserting the
4 following:
5 "............................................... $ 24,682,071"
6 2. Page 27, by striking lines 15 through 20 and
7 inserting the following: "and human services.
8 Notwithstanding section 237A.13, if enacted by 2000
9 Iowa Acts, Senate File 2344, the department shall
10 establish waiting lists for".
11 3. Page 27, line 34, by striking the figure "140"
12 and inserting the following: "150".

Amendment H-8786 lost.

Heaton of Henry offered amendment H-8801 filed by him as
follows:

H-8801

1 Amend Senate File 2435, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 6, line 9, by inserting after the word
4 "costs." the following: "The grant requirements shall
5 include provision for local match in the form of cash,
6 in-kind services, or other support."
7 2. Page 6, by inserting after line 27 the
8 following:
9 "e. The application for any of the grants
10 described in the lettered paragraphs of this
11 subsection shall not exceed two pages in length."
12 3. Page 18, line 17, by striking the figure
13 "422,451,028" and inserting the following:
14 "422,443,000".

15 4. Page 20, line 31, by inserting after the word
16 "disabilities," the following: "the department shall
17 aggressively pursue options to expand the waiver to
18 100 openings and in implementing the expanded waiver".
19 5. Page 20, line 35, by striking the words "The
20 openings" and inserting the following: "Priority
21 shall be given to those persons who are no longer
22 eligible for the ill and handicapped waiver due to
23 becoming eligible for federal supplemental security
24 income, otherwise the openings".
25 6. Page 23, by striking lines 3 through 20.
26 7. Page 23, by inserting after line 27 the
27 following:
28 "___. The department shall aggressively pursue
29 options for providing medical assistance or other
30 assistance to individuals with special needs who
31 become ineligible to continue receiving services under
32 the early and periodic, screening, diagnosis, and
33 treatment program under the medical assistance program
34 due to becoming 21 years of age, who have been
35 approved for additional assistance through the
36 department's exception to policy provisions, but who
37 have health care needs in excess of the funding
38 available through the exception to policy process."
39 8. Page 24, line 23, by striking the words
40 "administrative contractor" and inserting the
41 following: "department".
42 9. Page 25, line 5, by inserting after the word
43 "into" the following: "or extended".
44 10. Page 25, line 7, by inserting after the word
45 "treatment" the following: "provided at the state
46 mental health institute at Mount Pleasant".
47 11. Page 25, by inserting after line 10, the
48 following:
49 "Of the funds appropriated in this section, $50,000
50 shall be used to continue the recruitment and

Page 2

1 retention strategies project to provide additional
2 training and support for certified nurse aides
3 employed by nursing facilities."
4 12. Page 29, line 23, by striking the figure
5 "6,296,956" and inserting the following: "6,305,133".
6 13. Page 29, line 34, by striking the figure
7 "10,381,263" and inserting the following:
8 "10,405,336".
9 14. Page 30, line 23, by striking the figure
10 "108,788,161" and inserting the following:
11 "108,780,000".
12 15. Page 38, by inserting after line 2 the
13 following:

14 "___. Any unanticipated federal funding that is
15 received during the fiscal year due to improvements in
16 the hours counted by the judicial branch under the
17 claiming process for federal Title IV-E funding are
18 appropriated to the department to be used for the
19 purposes of the appropriation made in this section.
20 Notwithstanding section 8.33, moneys appropriated in
21 this subsection that remain unencumbered or
22 unobligated at the close of the fiscal year shall not
23 revert but shall remain available for expenditure for
24 the purposes designated until the close of the
25 succeeding fiscal year."
26 16. Page 39, line 30, by striking the figure
27 "7,219,958" and inserting the following: "7,220,487".
28 17. Page 40, line 1, by striking the figure
29 "17,448,229" and inserting the following:
30 "17,457,584".
31 18. Page 41, line 23, by striking the word
32 "voluntary".
33 19. Page 42, line 4, by inserting after the word
34 "state" the following: "or a county".
35 20. Page 42, by striking lines 23 and 24 and
36 inserting the following: "support, maintenance, and
37 miscellaneous purposes:"
38 21. Page 42, by striking line 26.
39 22. Page 42, by striking lines 28 and 29 and
40 inserting the following: "support, maintenance, and
41 miscellaneous purposes:"
42 23. Page 42, line 30, by striking the figure
43 "1,708,814" and inserting the following: "1,709,949".
44 24. Page 42, by striking line 31.
45 25. Page 44, by inserting after line 16 the
46 following:
47 " ___. If the department's administration and the
48 department of management concur with a finding by a
49 state hospital-school's superintendent that projected
50 revenues can reasonably be expected to pay the salary

Page 3

1 and support costs for a new employee position, or that
2 such costs for adding a particular number of new
3 positions for the fiscal year would be less than the
4 overtime costs if new positions would not be added,
5 the superintendent may add the new position or
6 positions. If the vacant positions available to a
7 hospital-school do not include the position
8 classification desired to be filled, the hospital-
9 school's superintendent may reclassify any vacant
10 position as necessary to fill the desired position.
11 The superintendents of the hospital-schools may, by
12 mutual agreement, pool vacant positions and position

13 classifications during the course of the fiscal year
14 in order to assist one another in filling necessary
15 positions."
16 26. Page 45, line 18, by striking the word
17 "amount" and inserting the following: "amounts".
18 27. Page 45, line 19, by striking the word
19 "purpose" and inserting the following: "purposes".
20 28. Page 45, line 20, by striking the word "For"
21 and inserting the following:
22 "1. For".
23 29. Page 45, line 24, by striking the figure
24 "$13,600,000" and inserting the following:
25 "$13,000,000".
26 30. Page 45, by inserting after line 30 the
27 following:
28 "2. For transfer to the appropriation in this Act
29 for medical assistance to be used for supplemental
30 reimbursement of certain intermediate care facilities
31 for persons with mental retardation (ICFMR) in
32 accordance with this subsection:
33 ................................................. $ 300,000
34 The supplemental reimbursement shall be available
35 to those ICFMRs established and issued a certificate
36 of need by the health facilities council, on or before
37 June 30, 1999, for the primary purpose of serving
38 persons with a head or brain injury. The supplemental
39 reimbursement shall be paid for services provided to
40 persons with a brain or head injury who are determined
41 by the Iowa foundation for medical care to meet
42 entrance requirements for services at the ICFMR level.
43 The county of legal settlement shall remain
44 responsible for the nonfederal share of reimbursement
45 for the ICFMR services up to the maximum percentile
46 rate allowed by law. The supplemental reimbursement
47 shall be paid for the difference between that maximum
48 rate and the facility's actual cost, as determined
49 from the annual actual cost reports submitted to the
50 department which shall be subject to annual audit by

Page 4

1 the department."
2 31. Page 45, by inserting before line 31 the
3 following:
4 "3. For transfer to the department for the blind
5 to be used for establishment of statewide access to
6 the newsline for the blind furnished by the national
7 federation of the blind:
8 ................................................. $ 25,000"
9 32. Page 48, line 23, by striking the figure
10 "1,177,366" and inserting the following: "1,179,178".
11 33. Page 48, by striking line 24, and inserting

12 the following:
13 "............................................FTEs 20.00"
14 34. Page 49, line 4, by striking the figure
15 "44,222,546" and inserting the following:
16 "44,370,000".
17 35. Page 49, by inserting after line 7 the
18 following:
19 "The amount appropriated in this section includes
20 increased funding of $147,154 to address staffing
21 issues in regard to child abuse assessment staff,
22 social workers, and support staff performing related
23 functions and for increased activities to improve
24 cooperation between field staff, law enforcement,
25 county attorneys, and mandatory reporters in
26 addressing reports of child abuse."
27 36. Page 49, line 11, by striking the figure
28 "5,659,370" and inserting the following: "5,540,000".
29 37. Page 49, line 21, by striking the figure
30 "13,623,100" and inserting the following:
31 "13,530,112".
32 38. Page 49, line 22, by striking the figure
33 "358.13" and inserting the following: "359.13".
34 39. Page 50, by striking lines 3 through 9 and
35 inserting the following:
36 "Sec. ___. STATE-COUNTY ASSISTANCE FUNCTIONS.
37 There is appropriated from the general fund of the
38 state to the department of human services for the
39 fiscal year beginning July 1, 2000, and ending June
40 30, 2001, the following amount, or so much thereof as
41 is necessary, to be used for the purposes designated:
42 For contracting with a statewide association
43 representing county elected and appointed officials to
44 perform the state-county assistance team functions and
45 provide support to the state-county management
46 committee:
47 ............................................... $ 209,664"
48 40. Page 54, by striking lines 17 and 18, and
49 inserting the following: "shall remain at $145.74 per
50 day."

Page 5

1 41. Page 59, by inserting after line 9 the
2 following:
3 "Sec. 100. 1991 Iowa Acts, chapter 169, section 9,
4 as amended by 1996 Iowa Acts, chapter 1071, section 1,
5 is repealed.
6 On or before December 15, 2000, the prevention of
7 disabilities policy council shall submit a report to
8 the governor and the general assembly providing
9 findings and recommendations regarding the activities
10 and duties of the commission and the need for its

11 continuation."
12 42. Page 60, by inserting after line 1 the
13 following:
14 "Sec. 101. NEW SECTION. 225B.8 REPEAL.
15 This chapter is repealed June 30, 2001."
16 43. Page 61, by inserting after line 13 the
17 following:
18 "3. The state training school shall name any other
19 newly constructed facilities to be dedicated at the
20 state training school during the fiscal year beginning
21 July 1, 1999, or July 1, 2000, as deemed appropriate
22 by the state training school administration to
23 properly recognize individuals who have made
24 significant contributions to the juvenile justice
25 system in general or the state training school in
26 particular."
27 44. Page 62, by inserting after line 28 the
28 following:
29 " ___. Sections 100 and 101, repealing 1991 Iowa
30 Acts, chapter 169, section 9, as amended, and enacting
31 new Code section 225B.8."
32 45. Page 62, by inserting before line 29 the
33 following:
34 " ___. Section 39, subsection 3, authorizing the
35 state training school administration to name certain
36 facilities to be dedicated during fiscal year 1999-
37 2000 or fiscal year 2000-2001."
38 46. By renumbering, relettering, or redesignating
39 and correcting internal references as necessary.

Osterhaus of Jackson asked and received unanimous consent that
amendment H-8808, to amendment H-8801, be deferred.

Dix of Butler offered the following amendment H-8819, to
amendment H-8801, filed by him and Heaton of Henry from the floor
and moved its adoption:

H-8819

1 Amend the amendment, H-8801, to Senate File 2435,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 14, by striking the figure
5 "422,443,000" and inserting the following:
6 "422,543,000".
7 2. Page 1, by inserting after line 38 the
8 following:
9 " . Of the funds appropriated in this section,
10 $100,000 is allocated for development of a plan for
11 implementation of a personal assistance services

12 program as described in House File 2380, as introduced
13 in the Seventy-eighth General Assembly, 2000 Session.
14 The target date used in the plan for implementation of
15 the program shall be July 1, 2002.
16 The department, in consultation with the department
17 of elder affairs, the Iowa department of public
18 health, the department of workforce development, the
19 department of education, division of vocational
20 rehabilitation, the department of economic
21 development, the Iowa state association of counties,
22 Iowa creative employment options, the community
23 services affiliate of the Iowa state association of
24 counties, and the personal assistance and family
25 support services council, shall convene a planning
26 committee, which includes consumers and family
27 members, advocates of consumers, providers of services
28 to consumers, and the entities consulted with, to
29 assist in the development of a plan for a personal
30 assistance services program based on principles and
31 standards described in this chapter. The membership
32 of the planning committee shall be appointed in a
33 manner so there are relatively equal proportions of
34 members with involvement in service management,
35 purchasing or approval, and members with an interest
36 in or involvement as a service consumer or advocate.
37 The planning committee shall also include four members
38 of the general assembly to serve in an ex officio,
39 nonvoting capacity with one each appointed by the
40 following: senate majority leader, senate minority
41 leader, speaker of the house of representatives, and
42 minority leader of the house of representatives. The
43 department may contract for services to support the
44 planning committee. At a minimum, the plan shall
45 include options to accomplish all of the following:
46 a. Designate a lead agency to be responsible for
47 administering the personal assistance services
48 program.
49 b. Provide that the personal assistance and family
50 support services policy council assist in the design,

Page 2

1 implementation, marketing, and evaluation of the
2 state's personal assistance services program.
3 c. Provide a consumer-level administrative
4 oversight and technical assistance mechanism relating
5 to the planning, administrative rules development, and
6 implementation of the personal assistance services
7 program.
8 d. Provide for a transition process, with action
9 steps and time lines, describing how the state will
10 make personal assistance services a viable option that

11 is more cost-effective and responsive to the needs and
12 preferences of consumers.
13 e. Describe a process for consolidating all
14 noninstitutional personal assistance services programs
15 funded through the medical assistance program.
16 f. Describe the type of personal assistance
17 services to be provided under the program.
18 g. Describe the method of delivery of personal
19 assistance services and how such services will be
20 delivered statewide.
21 h. Evaluate the feasibility of further reducing
22 costs and addressing consumer needs and preferences
23 through the provision of auxiliary services such as
24 assistive technology and home modifications.
25 i. Describe a program intake process that will be
26 uniform throughout the state.
27 j. Review and consolidate the eligibility
28 requirements, intake processes, assessment tools, and
29 other relevant processes of all existing personal
30 assistance services waiver and pilot programs into a
31 single, comprehensive system.
32 k. Describe the standards and mechanisms for
33 copayments or cost-sharing and the methods used to
34 determine income eligibility of persons with
35 disabilities.
36 l. Determine quality assurance outcomes and
37 safeguards against physical, emotional, or financial
38 abuse and exploitation.
39 m. Describe the appeal process.
40 n. Describe how the barriers and disincentives
41 that currently discourage people from becoming
42 personal assistants can be removed.
43 o. Address the issues of provider and consumer
44 liability.
45 p. Describe acceptable methods whereby independent
46 personal assistance services providers may pool
47 resources to ensure adequate coverage provisions for
48 health insurance, liability insurance, and workers'
49 compensation insurance.
50 q. Consult with the health care financing

Page 3

1 administration of the United States department of
2 health and human services, in reviewing and completing
3 a plan for consolidation and coordination of funding
4 mechanisms and expenditures relative to health care
5 facility services, intermediate care facilities for
6 persons with mental retardation services, all covered
7 home and community-based services provided under
8 section 1915(c) of the federal Social Security Act,
9 services provided under the personal care option of

10 the medical assistance program, and frail elderly
11 program services. The plan shall provide for
12 consolidation and coordination of funding mechanisms
13 and expenditures in order to provide funding for the
14 personal assistance services described in this
15 subsection and shall address the costs and potential
16 cost offsets in implementing the personal care option
17 under the medical assistance program.
18 r. Develop options to capitalize on and leverage
19 federal funding to the maximum extent possible under
20 the federal Ticket to Work and Work Incentives
21 Improvement Act of 1999, Pub. L. No. 106-170 and the
22 federal Workforce Investment Act of 1998, Pub. L. No.
23 105-220."
24 3. By renumbering as necessary.

Amendment H-8819 was adopted, placing amendment H-8808 filed
by Osterhaus of Jackson from the floor, out of order.

Osterhaus of Jackson asked and received unanimous consent that
amendment H-8822, to amendment H-8801, be deferred.

Greimann of Story asked and received unanimous consent that
amendment H-8814, to amendment H-8801, be deferred.

Foege of Linn asked and received unanimous consent that
amendment H-8820, to amendment H-8801, be deferred.

Heaton of Henry offered the following amendment H-8815, to
amendment H-8801, filed by him from the floor and requested
division as follows:

H-8815

1 Amend the amendment, H-8801, to Senate File 2435,
2 as amended, passed, and reprinted by the Senate, as
3 follows:

H-8815A

4 1. Page 2, by striking lines 18 and 19, and
5 inserting the following: "appropriated to the
6 department to be used for additional or expanded
7 services and support for court-ordered services
8 pursuant to section 232.141."
9 2. Page 2, line 30, by striking the figure
10 "17,457,584" and inserting the following:
11 "17,497,584".

12 3. Page 4, line 20, by striking the figure
13 "147,154" and inserting the following: "147,454".

H-8815B

14 4. Page 4, by striking lines 48 through 50, and
15 inserting the following:
16 " . Page 54, line 17, by striking the words "be
17 increased to" and inserting the following: "remain
18 at"."
19 5. By renumbering as necessary.

On motion by Heaton of Henry amendment H-8815A was adopted.

Heaton of Henry offered the following amendment H-8833, to
amendment H-8801, filed by him from the floor and moved its
adoption:

H-8833

1 Amend the amendment, H-8801, to Senate File 2435,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. By striking page 3, line 28 through page 4,
5 line 1 and inserting the following:
6 ""2. For transfer to the appropriation in this Act
7 for medical assistance to be used for payment of the
8 state portion of the nonfederal share of medical
9 assistance reimbursement for services provided to
10 eligible persons by certain qualified intermediate
11 care facilities for persons with mental retardation
12 (ICFMR) in accordance with this subsection:
13 $ 300,000
14 For the purposes of this subsection, "eligible
15 persons" means persons with a brain or head injury who
16 are determined by the Iowa foundation for medical care
17 to meet entrance requirements for services at the
18 ICFMR level. The reimbursement rate for services
19 provided to eligible persons by those qualified ICFMRs
20 established and issued a certificate of need by the
21 health facilities council, on or before June 30, 1999,
22 for the primary purpose of serving persons with a head
23 or brain injury, shall be the facility's actual cost,
24 as determined from the annual actual cost reports
25 submitted to the department. The cost reports shall
26 be subject to annual audit by the department.
27 Responsibility for payment of the nonfederal share of
28 reimbursement paid for services provided to eligible
29 persons shall be as follows: the county of legal
30 settlement is responsible for an amount equal to the

31 nonfederal share of the 80th percentile of ICFMR
32 services and the state is responsible for the
33 remainder.""

Amendment H-8833 was adopted.

Blodgett of Cerro Gordo offered the following amendment H-8837,
to amendment H-8801, filed by him from the floor and moved its
adoption:

H-8837

1 Amend the amendment, H-8801, to Senate File 2435,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 4, by inserting after line 8 the
5 following:
6 "4. For transfer to the department for the blind
7 to be used to enable blind individuals to
8 independently access newspapers through the operations
9 of the Iowa radio reading information service:
10 $ 25,000"

Amendment H-8837 was adopted.

Osterhaus of Jackson asked and received unanimous consent that
amendment H-8809, to amendment H-8801, be deferred.

Stevens of Dickinson asked and received unanimous consent that
amendment H-8811, to amendment H-8801, be deferred.

Stevens of Dickinson offered the following amendment H-8832, to
amendment H-8801, filed by Murphy of Dubuque from the floor and
moved its adoption:

H-8832

1 Amend the amendment H-8801, to Senate File 2435, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 4, line 16, by striking the figure
5 "44,370,000" and inserting the following:
6 "46,275,078".
7 2. Page 4, line 28, by striking the figure
8 "5,540,000" and inserting the following: "5,677,938".


Roll call was requested by Stevens of Dickinson and Chiodo of
Polk.

Rule 75 was invoked.

On the question "Shall amendment H-8832, to amendment
H-8801, be adopted?" (S.F. 2435)

The ayes were, 44:
Bell Bukta Cataldo Chiodo
Cohoon Connors Cormack Davis
Doderer Dotzler Drees Falck
Fallon Foege 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, 52:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Dix Dolecheck Drake Eddie
Garman Gipp Greiner Grundberg
Hahn Hansen Heaton Holmes
Horbach Huseman Jacobs Jager
Jenkins Johnson Kettering Klemme
Larson Lord Martin Metcalf
Millage Nelson-Forbes Raecker Rants
Rayhons Shey Sukup Sunderbruch
Teig Thomson Tyrrell Van Engelenhoven
Van Fossen Weidman Welter Mr. Speaker
Siegrist

 


Absent or not voting, 4:
Ford Frevert Hoffman Houser

 


Amendment H-8832 lost.

Dix of Butler asked and received unanimous consent to reconsider
the vote by which amendment H-8819 found on pages 1392 through
1395 of the House Journal was adopted.

Division was requested as follows:

Page 1, Lines 4 through 6, Division A; Page 1, Lines 7 through 50
and all of pages 2 and 3, Division B.

Dix of Butler asked and received unanimous consent to withdraw
amendment H-8819A, to amendment H-8801.

On motion by Dix of Butler amendment H-8819B was adopted
placing amendment H-8808 by Osterhaus of Jackson back in order.

Murphy of Dubuque asked and received unanimous consent to
withdraw amendment H-8838, to amendment H-8801, filed by him
from the floor.

Jochum of Dubuque asked and received unanimous consent to
withdraw amendment H-8827, to amendment H-8801, filed by her
from the floor.

Jochum of Dubuque offered the following amendment H-8834, to
amendment H-8801, filed by her from the floor and moved its
adoption:

H-8834

1 Amend the amendment, H-8801, to Senate File 2435,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 4, line 28, by striking the figure
5 "5,540,000" and inserting the following: "5,970,000".
6 2. Page 4, by inserting after line 28 the
7 following:
8 " . Page 49, line 12, by striking the figure
9 "154.16" and inserting the following: "164.16".
10 . Page 49, by inserting after line 12 the
11 following:
12 "The full-time equivalent position authorization in
13 this subsection includes an increase of 10.00 FTEs
14 over the previous fiscal year in order for the
15 department to assign 2.00 additional FTEs to each
16 region to increase on-site compliance checks of
17 registered child care facilities and inspection visits
18 to licensed child care facilities.""
19 3. By renumbering as necessary.


Roll call was requested by Jochum of Dubuque and Murphy of
Dubuque.

On the question "Shall amendment H-8834, to amendment
H-8801, be adopted?" (S.F. 2435)

The ayes were, 44:
Bell Bukta Cataldo Chiodo
Cohoon Connors Cormack Davis
Doderer Dotzler Drees Falck
Fallon Foege 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, 54:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Dix Dolecheck Drake Eddie
Garman Gipp Greiner Grundberg
Hahn Hansen Heaton Hoffman
Holmes Horbach Houser Huseman
Jacobs Jager Jenkins Johnson
Kettering Klemme Larson Lord
Martin Metcalf Millage Nelson-Forbes
Raecker Rants Rayhons Shey
Sukup Sunderbruch Teig Thomson
Tyrrell Van Engelenhoven Van Fossen Weidman
Welter Mr. Speaker
Siegrist

 


Absent or not voting, 2:
Frevert

 


Amendment H-8834 lost.

Jochum of Dubuque offered the following amendment H-8826, to
amendment H-8801, filed by her from the floor and moved its
adoption:


H-8826

1 Amend the amendment, H-8801, to Senate File 2435,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 4, line 31, by striking the figure
5 "13,530,112" and inserting the following:
6 "13,902,652".
7 2. Page 4, line 33, by striking the figure
8 "359.13" and inserting the following: "363.13".
9 3. Page 4, by striking lines 34 through 47 and
10 inserting the following:
11 " . Page 50, by striking lines 3 through 9." "

Amendment H-8826 lost.

Blodgett of Cerro Gordo offered the following amendment H-8803,
to amendment H-8801, filed by him from the floor and moved its
adoption:

H-8803

1 Amend the amendment, H-8801, to Senate File 2435,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 4, by striking lines 48 through 50 and
5 inserting the following:
6 " . Page 54, line 17, by striking the figure
7 "145.74" and inserting the following: "147.20"."

Amendment H-8803 was adopted.

Heaton of Henry asked and received unanimous consent to
withdraw amendment H-8815B, to amendment H-8801.

Reynolds of Van Buren asked and received unanimous consent to
withdraw amendment H-8843, to amendment H-8801, filed by her,
Kreiman of Davis and Davis of Wapello from the floor.

Osterhaus of Jackson asked and received unanimous consent to
withdraw amendment H-8808, previously deferred, to amendment H-
8801, filed by him from the floor.

Carroll of Poweshiek in the chair at 4:34 p.m.


Osterhaus of Jackson offered amendment H-8822 filed by him and
Heaton of Henry from the floor and requested division as follows:

H-8822

1 Amend the amendment, H-8801, to Senate File 2435,
2 as amended, passed, and reprinted by the Senate, as
3 follows:

H-8822A

4 1. Page 1, line 14, by striking the figure
5 "422,443,000" and inserting the following:
6 "422,290,000".

H-8822B

7 2. Page 1, by inserting after line 24 the
8 following:
9 " . Page 22, by striking lines 1 through 27."
10 3. Page 1, by inserting after line 38 the
11 following:
12 "Sec. . PHARMACEUTICAL CASE MANAGEMENT STUDY.
13 There is appropriated from the general fund of the
14 state to the department of human services for the
15 fiscal year beginning July 1, 2000, and ending June
16 30, 2001, the following amount or so much thereof as
17 is necessary, to be used for implementation of a
18 disease-specific pharmaceutical case management study
19 to measure the effects of case management for medical
20 assistance recipients identified by the department as
21 high risk for medication-related problems. The funds
22 shall be used to equally reimburse physician-
23 pharmacist teams who participate in the study. An
24 advisory committee whose membership consists of
25 representatives of the Iowa medical society, the Iowa
26 pharmacy association, and the department of human
27 services shall establish and implement the
28 pharmaceutical case management study. The university
29 of Iowa college of public health, in conjunction with
30 the colleges of medicine and pharmacy, shall perform
31 an evaluation of the study at no cost to the state and
32 shall submit a final report of the findings of the
33 evaluation and any recommendations to the general
34 assembly by December 15, 2002. The department shall
35 submit a progress report by December 15, 2001, and a
36 final report by December 15, 2002, to the general
37 assembly. The department shall adopt rules to
38 implement this section which comply with the notice of
39 intended action requirements of section 17A.4,
40 subsection 1, and which may be adopted as emergency

41 rules pursuant to section 17A.5, subsection 2, after
42 notice is provided. The rules shall be reevaluated by
43 the department of human services with input from the
44 Iowa medical society and the Iowa pharmacy
45 association, upon submission of the final report or by
46 December 15, 2002, whichever occurs first:
47 $ 414,000""

Heaton of Henry asked and received unanimous consent to
withdraw amendment H-8822A, to amendment H-8801.

On motion by Osterhaus of Jackson amendment H-8822B, to
amendment H-8801, was adopted.

Greimann of Story offered amendment H-8814, previously
deferred, to amendment H-8801, filed by her from the floor and
requested division as follows:

H-8814

1 Amend the amendment, H-8801, to Senate File 2435,
2 as amended, passed, and reprinted by the Senate, as
follows:

H-8814A

4 1. Page 2, line 5, by striking the figure
5 "6,305,133" and inserting the following: "6,309,742".
6 2. Page 2, line 8, by striking the figure
7 "10,405,336" and inserting the following:
8 "10,405,335".
9 3. Page 2, by inserting after line 25, the
10 following:
11 " . Page 39, by striking line 24 and inserting
12 the following:
13 " $ 12,804,527""
14 4. Page 2, line 27, by striking the figure
15 "7,220,487" and inserting the following: "7,227,168".

H-8814B

16 5. Page 2, line 30, by striking the figure
17 "17,457,584" and inserting the following:
18 "17,526,567".

H-8814A

19 6. Page 2, by inserting before line 31, the
20 following:

21 " . Page 40, by striking line 26 and inserting
22 the following:
23 " $ 5,360,065""
24 7. Page 2, by inserting after line 37, the
25 following:
26 " . Page 42, by striking line 25 and inserting
27 the following:
28 " $ 2,511,091""
29 8. Page 2, line 43, by striking the figure
30 "1,709,949" and inserting the following: "1,714,565".
31 9. By renumbering as necessary.

On motion by Greimann of Story amendment H-8814A lost,
placing amendment H-8814B out of order.

Foege of Linn offered the following amendment H-8820, previously
deferred, to amendment H-8801, filed by him from the floor and
moved its adoption:

H-8820

1 Amend the amendment, H-8801, to Senate File 2435 as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 2, line 11, by striking the figure
5 "108,780,000" and inserting the following:
6 "108,983,613".
7 2. Page 2, by inserting before line 12, the
8 following:
9 " . Page 31, line 19, by striking the figure
10 "7,060,104" and inserting the following:
11 "7,255,556"."

Amendment H-8820 lost.

Osterhaus of Jackson asked and received unanimous consent to
withdraw amendment H-8809, previously deferred, to amendment H-
8801, filed by him from the floor.

Stevens of Dickinson asked and received unanimous consent to
withdraw amendment H-8811, previously deferred, to amendment H-
8801, filed by him from the floor.

On motion by Heaton of Henry amendment H-8801, as amended,
was adopted, placing amendment H-8790 filed by Murphy of
Dubuque from the floor, and amendment H-8791 filed by Osterhaus
of Jackson from the floor, out of order.

Foege of Linn offered the following amendment H-8788 filed by
him and moved its adoption:

H-8788

1 Amend Senate File 2435 as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking page 6, line 35 through page 7,
4 line 1.
5 2. Page 38, by striking line 13, and inserting
6 the following:
7 "............................................... $ 1,011,228"
8 3. Page 38, by inserting after line 26, the
9 following:
10 " ___. Of the funds appropriated in this section,
11 $731,000 shall be used to provide child abuse
12 prevention grants."
13 4. By renumbering as necessary.

Amendment H-8788 lost.

Foege of Linn asked and received unanimous consent to withdraw
amendment H-8793 filed by him on April 10, 2000.

Heaton of Henry offered the following amendment H-8841 filed by
him from the floor and moved its adoption:

H-8841

1 Amend Senate File 2435, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 21, by striking lines 34 and 35 and
4 inserting the following: "mental illness under the
5 medical assistance program, using county funding as a
6 match for the federal funding except for individuals
7 with state case status, for whom state funding shall
8 provide the match."

Amendment H-8841 was adopted.

Osterhaus of Jackson asked and received unanimous consent to
withdraw amendment H-8785 filed by him and Heaton of Henry on
April 10, 2000.

Hansen of Pottawattamie offered amendment H-8825 filed by him
and Heaton of Henry from the floor as follows:


H-8825

1 Amend Senate File 2435 as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 24, by inserting after line 31, the
4 following:
5 "___. The department of human services shall seek
6 a waiver from the health care financing administration
7 of the United States department of health and human
8 services to permit families with children who are
9 eligible for medical assistance to elect to
10 participate under the HAWK-I program in lieu of
11 participation in the medical assistance program. If
12 the waiver is approved, the department shall implement
13 the provision."

Amendment H-8825 was adopted.

Jochum of Dubuque offered the following amendment H-8850 filed
by her from the floor and moved its adoption:

H-8850

1 Amend Senate File 2435, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking page 28, line 34 through page 29,
4 line 15.
5 2. By renumbering as necessary.

Amendment H-8850 was adopted.

Greimann of Story asked and received unanimous consent to
withdraw amendment H-8751 filed by her on April 6, 2000.

The following amendments were withdrawn by unanimous
consent:

Amendment H-8779 filed by Foege of Linn on April 6, 2000.
Amendment H-8789 filed by Foege of Linn on April 10, 2000.
Amendment H-8839 filed by Heaton of Henry from the floor.

Foege of Linn offered the following amendment H-8787 filed by
him and moved its adoption:

H-8787

1 Amend Senate File 2435 as amended, passed, and
2 reprinted by the Senate, as follows:

3 1. Page 36, by striking lines 21 through 28, and
4 inserting the following:
5 " ___. Of the funds appropriated in this section,
6 the department shall use $687,876 for day treatment
7 and aftercare services for juvenile females with
8 provider selection made through a request for
9 proposals process. The goal of providing the services
10 is to ensure permanency, safety, and self-sufficiency
11 for juvenile females."

Amendment H-8787 was adopted.

Blodgett of Cerro Gordo offered the following amendment H-8821
filed by him from the floor and moved its adoption:

H-8821

1 Amend Senate File 2435, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 37, line 13, by striking the words "A
4 final".
5 2. Page 37, by striking lines 14 through 18.

Amendment H-8821 was adopted.

Osterhaus of Jackson asked and received unanimous consent to
withdraw amendment H-8797 filed by him on April 10, 2000.

Jochum of Dubuque offered the following amendment H-8812 filed
by her from the floor and moved its adoption:

H-8812

1 Amend Senate File 2435, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 38, line 34, by striking the figure
4 "2,028,215" and inserting the following: "2,211,897".

Amendment H-8812 lost.

Osterhaus of Jackson asked and received unanimous consent to
withdraw amendment H-8792 filed by him on April 10, 2000.

Heaton of Henry offered the following amendment H-8794 filed by
him and moved its adoption:


H-8794

1 Amend Senate File 2435, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 50, by inserting before line 10 the
4 following:
5 "___. The general assembly is supportive of the
6 department's stated purposes in its efforts to review
7 the services administered by the department and the
8 reimbursement methodologies for those services. The
9 general assembly anticipates the department continuing
10 its review and consultation activities during the 2000
11 legislative interim in order to submit recommendations
12 and proposals for legislative consideration during the
13 2001 legislative session and the department shall not
14 implement changes in the reimbursement methodologies
15 without legislative approval."
16 2. By renumbering as necessary.

Amendment H-8794 was adopted.

Heaton of Henry offered the following amendment H-8840 filed by
him, Johnson of Osceola, Houser of Pottawattamie, Blodgett of Cerro
Gordo, and Martin of Scott from the floor, and moved its adoption:

H-8840

1 Amend Senate File 2435, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 52, line 1, by inserting after the word
4 "system." the following: "In developing the case-mix
5 reimbursement methodology, the department shall work
6 with nursing facilities and patient advocates in
7 examining administrative costs."
8 2. Page 52, by striking lines 4 through 7, and
9 inserting the following: "additional documentation as
10 required by rule.
11 c. The cost report required to be submitted by
12 rule by nursing facilities reimbursed under the
13 medical assistance program shall also include a line
14 itemization of expenses attributable to the home or
15 principal office or headquarters of the nursing
16 facility, including but not limited to home-office
17 costs and management fees, within the administrative
18 cost line item.
19 d. All nursing facilities reimbursed under the
20 medical assistance program that are under common
21 ownership, management, or control shall utilize the
22 same fiscal accounting period. All cost reports
23 submitted by such facilities shall comply with all

24 cost report requirements under this subsection and as
25 required by rule."
26 3. By renumbering as necessary.

Amendment H-8840 was adopted.

Davis of Wapello asked and received unanimous consent to
withdraw amendment H-8816 filed by him from the floor.

Heaton of Henry asked and received unanimous consent to
reconsider the vote by which amendment H-8801, as amended, was
adopted by the House and requested division as follows:

Page 1 - Lines 3 through 11, and lines 15 through the rest of the
amendment, Division A.
Page 1 - Lines 12 through 14, Division B.

Heaton of Henry asked and received unanimous consent to
withdraw amendment H-8801B.

On motion by Heaton of Henry amendment H-8801A, as amended,
was adopted.

Heaton of Henry offered the following amendment H-8856 filed by
him from the floor and moved its adoption:

H-8856

1 Amend Senate File 2435, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 18, line 17, by striking the figure
4 "422,451,028" and inserting the following:
5 "422,129,000".

Amendment H-8856 was adopted.

Reynolds of Van Buren offered the following amendment H-8854
filed by her from the floor and moved its adoption:

H-8854

1 Amend Senate File 2435, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 23, by inserting after line 27 the
4 following:

5 " . The department shall adopt emergency rules
6 providing for reimbursement under medical assistance
7 of a family or pediatric nurse practitioner's
8 employing provider for services provided by the nurse
9 practitioner, regardless of whether the nurse
10 practitioner is under the supervision of or associated
11 with a physician or other health care provider."
12 2. By renumbering as necessary.

Amendment H-8854 was adopted.

Osterhaus of Jackson offered the following amendment H-8855
filed by him from the floor and moved its adoption:

H-8855

1 Amend Senate File 2435, as amended, passed and
2 reprinted by the Senate, as follows:
3 1. Page 23, by inserting before line 28, the
4 following:
5 "Sec. . MEDICAL ASSISTANCE - INFANTS. There
6 is appropriated from the general fund of the state to
7 the department of human services for the fiscal year
8 beginning July 1, 2000, and ending June 30, 2001, the
9 following amount, or so much thereof as is necessary,
10 to be used for increasing the medical assistance
11 eligibility limit for infants under the pregnant women
12 and infants category to 200 percent of the federal
13 poverty level:
14 $ 126,848"
15 2. By renumbering as necessary.

Amendment H-8855 lost.

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

On the question "Shall the bill pass?" (S.F. 2435)

The ayes were, 56:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Cormack
Davis Dix Dolecheck Drake
Eddie Garman Gipp Greiner
Grundberg Hahn Hansen Heaton
Hoffman Holmes Horbach Houser
Huseman Huser Jacobs Jenkins
Johnson Kettering Klemme Larson
Lord Martin Metcalf Millage
Nelson-Forbes Raecker Rants Rayhons
Shey Siegrist, Spkr. Sukup Sunderbruch
Teig Thomson Tyrrell Van Engelenhoven
Van Fossen Weidman Welter Carroll,
Presiding

 


The nays were, 42:
Bell Bukta Cataldo Chiodo
Cohoon Connors Doderer Dotzler
Drees Falck Fallon Foege
Greimann Holveck Jager 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

 


Absent or not voting, 2:
Frevert

 


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
Senate File 2435 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 11, 2000, concurred in the House amendment to the Senate amendment, and
passed the following bill in which the concurrence of the Senate was asked:

House File 2491, a bill for an act providing for the production of life science
products, and providing for penalties.

Also: That the Senate has on April 11, 2000, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:


Senate File 2214, a bill for an act relating to residential landlord-tenant law, by
allowing for notice of and a surcharge for rent paid with a check returned for
insufficient funds, and making certain changes related to forcible entry and detainer
actions.

MICHAEL E. MARSHALL, Secretary

SENATE AMENDMENT CONSIDERED

Kuhn of Floyd called up for consideration House File 2502, a bill
for an act relating to fee-supported services provided by a county
including the payment of county law enforcement salaries and ex-
penses, amended by the Senate amendment H-8810:

H-8810

1 Amend House File 2502, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, by inserting after line 26 the
4 following:
5 "Sec. . APPLICABILITY.
6 1. This Act shall apply to all counties except
7 those counties described in subsection 2.
8 2. This Act shall not apply to counties which
9 budgeted or funded, for the fiscal year beginning July
10 1, 1999, expenditures identified in section 3 of this
11 Act from the rural services fund, unless the counties
12 increase the funding from the rural services fund
13 above the amount in the budget certified on or before
14 March 15, 2000.
15 3. However, this Act shall also apply to counties
16 described in subsection 2, after the last day of the
17 regular session of the general assembly which convenes
18 following the final disposition of litigation pending
19 before the district court of Lyon or Story county
20 addressing the issue of funding of uniform law
21 enforcement patrol services provided by the county
22 sheriff, whichever decision is issued last.
23 4. However, this Act shall also apply to Lyon
24 county and Story county upon disposition of their
25 respective litigation pending before the district
26 courts of Lyon or Story county addressing the funding
27 of expenditures specified in section 3 of this Act,
28 respectively. However, subsection 3 shall apply to
29 Lyon or Story county if this Act is inconsistent with
30 the applicable final order or ruling in each case."
31 2. Title page, line 3, by inserting after the
32 word "expenses" the following: "and providing
33 applicability dates."


Greimann of Story asked and received unanimous consent to
withdraw amendment H-8829, and amendment H-8828, both to the
Senate amendment H-8810, filed by her from the floor.

Greimann of Story asked and received unanimous consent that
amendment H-8853, to the Senate amendment H-8810, be deferred.

Shoultz of Black Hawk offered the following amendment H-8844,
to the Senate amendment H-8810, filed by him from the floor and
moved its adoption:

H-8844

1 Amend the amendment, H-8810, to House File 2502, as
2 amended, passed, and reprinted by the House, as
3 follows:
4 1. Page 1, by striking lines 3 through 33 and
5 inserting the following:
6 " . Page 1, by striking lines 1 through 26 and
7 inserting the following:
8 "Section 1. FUNDING OF COUNTY LAW ENFORCEMENT
9 SERVICES.
10 1. For the fiscal year beginning July 1, 2001, and
11 for subsequent fiscal years, a county shall budget and
12 fund enforcement services of the office of county
13 sheriff from the rural services fund only if the
14 county budgeted and funded the law enforcement
15 services of the office of county sheriff in whole or
16 in part from the rural services fund for the preceding
17 fiscal year.
18 2. Subsection 1 shall not apply to counties after
19 the last day of the regular session of the general
20 assembly which convenes following the final
21 disposition of litigation pending before the district
22 court of Lyon or Story county addressing the issue of
23 funding of the law enforcement services of the office
24 of county sheriff, whichever decision is issued last,
25 and after the recommendations of the study committee
26 have been submitted."
27 . Title page, by striking lines 1 and 2 and
28 inserting the following: "An Act relating to the
29 payment of county law enforcement salaries and"."

Sukup of Franklin in the chair at 6:26 p.m.

A non-record roll call was requested.


The ayes were 39, nays 52.

Amendment H-8844 lost.

Reynolds of Van Buren asked and received unanimous consent to
withdraw amendment H-8845, to the Senate amendment H-8810,
filed by her from the floor.

Greimann of Story offered the following amendment H-8853,
previously deferred, to the Senate amendment H-8810, filed by her
from the floor and moved its adoption:

H-8853

1 Amend the amendment, H-8810, to House File 2502, as
2 amended, passed, and reprinted by the House, as
3 follows:
4 1. Page 1, by inserting after line 14 the
5 following:
6 " . Notwithstanding any contrary provision of
7 this Act, this Act shall not apply to any county if
8 the final disposition of the litigation pending before
9 the district court of Lyon or Story county addressing
10 the expenditures specified in section 3 of this Act is
11 decided in favor of Lyon or Story county, whichever
12 litigation is finally determined last. If the final
13 disposition of the litigation is against the affected
14 county, this Act shall apply to all counties beginning
15 with the county budgets certified on or before the
16 succeeding March 15."
17 2. By renumbering as necessary.

Amendment H-8853 lost.

On motion by Kuhn of Floyd the House concurred in the Senate
amendment H-8810.

Kuhn of Floyd 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. 2502)

The ayes were, 58:
Alons Barry Baudler Bell
Boal Boddicker Boggess Bradley
Brauns Brunkhorst Bukta Carroll
Cormack Dix Dolecheck Drake
Eddie Falck Fallon Foege
Garman Greiner Hahn Hoffman
Holmes Horbach Houser Jager
Klemme Kreiman Kuhn Larkin
Larson Lord Mascher May
Mertz Myers O'Brien Rants
Rayhons Reynolds Richardson Schrader
Shey Stevens Sunderbruch Taylor, D.
Teig Thomas Thomson Tyrrell
Van Engelenhoven Weidman Weigel Welter
Wise Sukup,
Presiding

 


The nays were, 39:
Arnold Blodgett Cataldo Chiodo
Cohoon Connors Davis Doderer
Dotzler Drees Gipp Greimann
Grundberg Hansen Heaton Holveck
Huseman Huser Jacobs Jenkins
Jochum Johnson Kettering Martin
Metcalf Millage Mundie Murphy
Nelson-Forbes Osterhaus Parmenter Raecker
Scherrman Shoultz Siegrist, Spkr. Taylor, T.
Warnstadt Whitead Witt

 


Absent or not voting, 3:
Ford Frevert Van Fossen

 


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

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 2502 be immediately messaged to the Senate.

Davis of Wapello called up for consideration House File 723, a bill
for an act prohibiting the mistreatment of persons and animals and
providing for penalties, amended by the Senate amendment H-8746:

H-8746

1 Amend House File 723, as amended, passed, and
2 reprinted by the House, as follows:

3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "Section 1. NEW SECTION. 717.3 LIVESTOCK
6 TORTURE.
7 1. A person is guilty of livestock torture,
8 regardless of whether the person is the owner of the
9 livestock, if the person acts with a depraved or
10 sadistic intent to inflict on the livestock severe
11 physical pain in order to prolong suffering or death.
12 2. This section shall not apply to any of the
13 following:
14 a. A person acting to carry out an order issued by
15 a court.
16 b. A licensed veterinarian while practicing
17 veterinary medicine as provided in chapter 169.
18 c. A person while carrying out a practice that is
19 consistent with customary animal husbandry practices.
20 d. A person acting reasonably to protect a person
21 from injury or death caused by unconfined livestock.
22 e. A local authority acting reasonably to destroy
23 livestock, if at the time of the destruction, the
24 owner of the livestock is absent or unable to care for
25 the livestock, and the livestock is permanently
26 distressed by disease or injury to a degree that would
27 result in severe and prolonged suffering.
28 f. An institution, as defined in section 145B.1,
29 or a research facility, as defined in section 162.2,
30 provided that the institution or research facility
31 performs functions within the scope of accepted
32 practices and disciplines associated with the
33 institution or research facility.
34 3. A person guilty of livestock torture is guilty
35 of an aggravated misdemeanor for the first offense and
36 guilty of a class "D" felony for a second or
37 subsequent offense. If a person is guilty of
38 livestock torture, as provided in this subsection, the
39 sentencing order shall provide that the person
40 participate in counseling according to the terms
41 ordered by the court.
42 Sec. 2. NEW SECTION. 717B.3a ANIMAL TORTURE.
43 1. A person is guilty of animal torture,
44 regardless of whether the person is the owner of the
45 animal, if the person acts with a depraved or sadistic
46 intent to inflict on the animal severe physical pain
47 in order to prolong suffering or death.
48 2. This section shall not apply to any of the
49 following:
50 a. A person acting to carry out an order issued by

Page 2

1 a court.

2 b. A licensed veterinarian practicing veterinary
3 medicine as provided in chapter 169.
4 c. A person carrying out a practice that is
5 consistent with animal husbandry practices.
6 d. A person acting in order to carry out another
7 provision of law which allows the conduct.
8 e. A person taking, hunting, trapping, or fishing
9 for a wild animal as provided in chapter 481A.
10 f. A person acting to protect the person's
11 property from a wild animal as defined in section
12 481A.1.
13 g. A person acting to protect a person from injury
14 or death caused by a wild animal as defined in section
15 481A.1.
16 h. A person reasonably acting to protect the
17 person's property from damage caused by an unconfined
18 animal.
19 i. A person reasonably acting to protect a person
20 from injury or death caused by an unconfined animal.
21 j. A local authority reasonably acting to destroy
22 an animal, if at the time of the destruction, the
23 owner of the animal is absent or unable to care for
24 the animal, and the animal is permanently distressed
25 by disease or injury to a degree that would result in
26 severe and prolonged suffering.
27 k. An institution, as defined in section 145B.1,
28 or a research facility, as defined in section 162.2,
29 provided that the institution or research facility
30 performs functions within the scope of accepted
31 practices and disciplines associated with the
32 institution or research facility.
33 3. A person guilty of animal torture is guilty of
34 an aggravated misdemeanor for the first offense and
35 guilty of a class "D" felony for a second or
36 subsequent offense. If a person is guilty of animal
37 torture, as provided in this subsection, the
38 sentencing order shall provide that the person
39 participate in counseling according to terms ordered
40 by the court."
41 2. Title page, line 1, by striking the words
42 "persons and".

Speaker Siegrist in the chair at 7:12 p.m.

Davis of Wapello asked and received unanimous consent to
withdraw amendment H-8823, to the Senate amendment H-8746,
filed by him, Kreiman of Davis, Mascher of Johnson, Parmenter of
Story, Reynolds of Van Buren and Cormack of Webster from the floor.


Teig of Hamilton asked and received unanimous consent that
amendment H-8842, to the Senate amendment H-8746, be deferred.

Davis of Wapello offered the following amendment H-8852, to the
Senate amendment H-8746, filed by him, Kreiman of Davis, Mascher
of Johnson, Parmenter of Story, Reynolds of Van Buren and Cormack
of Webster from the floor and moved its adoption:

H-8852

1 Amend the Senate amendment, H-8746, to House File
2 723, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by inserting after line 4, the
5 following:
6 ""Section 1. Section 232.8, subsection 1,
7 paragraph c, Code 1999, is amended to read as follows:
8 c. Violations by a child, age sixteen or older,
9 which subject the child to the provisions of section
10 124.401, subsection 1, paragraph "e" or "f", or
11 violations of section 723A.2 which involve a violation
12 of chapter 724, or violation of chapter 724 which
13 constitutes a felony, or violations which constitute a
14 forcible felony are excluded from the jurisdiction of
15 the juvenile court and shall be prosecuted as
16 otherwise provided by law unless the court transfers
17 jurisdiction of the child to the juvenile court upon
18 motion and for good cause. a child over whom
19 jurisdiction has not been transferred to the juvenile
20 court, and who is convicted of a violation excluded
21 from the jurisdiction of the juvenile court under this
22 paragraph, shall be sentenced pursuant to section
23 124.401B, 902.9, or 903.1. Notwithstanding any other
24 provision of the Code to the contrary, the court may
25 accept from a child a plea of guilty, or may instruct
26 the jury on a lesser included offense to the offense
27 excluded from the jurisdiction of the juvenile court
28 under this section, in the same manner as regarding an
29 adult. However, the juvenile court shall have
30 exclusive original jurisdiction in a proceeding
31 concerning an offense of livestock torture as provided
32 in section 717.3 or animal torture as provided in
33 section 717B.3a alleged to have been committed by a
34 child under the age of seventeen.
35 Sec. . Section 232.8, subsection 3, Code 1999,
36 is amended by adding the following new unnumbered
37 paragraph:
38 NEW UNNUMBERED PARAGRAPH. This subsection does not
39 apply in a proceeding concerning an offense of
40 livestock torture as provided in section 717.3 or

41 animal torture as provided in section 717B.3a alleged
42 to have been committed by a child under the age of
43 seventeen."
44 2. Page 1, by striking lines 9 through 11, and
45 inserting the following: "livestock, if the person
46 inflicts upon the livestock severe physical pain with
47 a depraved or sadistic intent to cause prolonged
48 suffering or death."
49 3. Page 1, by striking lines 34 through 41, and
50 inserting the following:

Page 2

1 " . a. The following shall apply to a person
2 who commits livestock torture:
3 (1) For the first conviction, the person is guilty
4 of an aggravated misdemeanor. The sentencing order
5 shall provide that the person submit to psychological
6 evaluation and treatment according to terms required
7 by the court. The costs of the evaluation and
8 treatment shall be paid by the person. In addition,
9 the sentencing order shall provide that the person
10 complete a community work requirement, which may
11 include a work requirement performed at an animal
12 shelter or pound as defined in section 162.2,
13 according to terms required by the court.
14 (2) For a second or subsequent conviction, the
15 person is guilty of a class "D" felony. The
16 sentencing order shall provide that the person submit
17 to a psychological evaluation and treatment according
18 to terms required by the court. The costs of the
19 psychological evaluation and treatment shall be paid
20 by the person.
21 b. The juvenile court shall have exclusive
22 original jurisdiction in a proceeding concerning a
23 child who is alleged to have committed livestock
24 torture, in the manner provided in section 232.8. The
25 juvenile court shall not waive jurisdiction in a
26 proceeding concerning an offense alleged to have been
27 committed by a child under the age of seventeen."
28 4. Page 1, by striking lines 45 through 47, and
29 inserting the following: "animal, if the person
30 inflicts upon the animal severe physical pain with a
31 depraved or sadistic intent to cause prolonged
32 suffering or death."
33 5. Page 2, by striking lines 33 through 40, and
34 inserting the following:
35 " . The following shall apply to a person who
36 commits animal torture:
37 (1) For the first conviction, the person is guilty
38 of an aggravated misdemeanor. The sentencing order
39 shall provide that the person submit to psychological

40 evaluation and treatment according to terms required
41 by the court. The costs of the evaluation and
42 treatment shall be paid by the person. In addition,
43 the sentencing order shall provide that the person
44 complete a community work requirement, which may
45 include a work requirement performed at an animal
46 shelter or pound, as defined in section 162.2,
47 according to terms required by the court.
48 (2) For a second or subsequent conviction, the
49 person is guilty of a class "D" felony. The
50 sentencing order shall provide that the person submit

Page 3

1 to psychological evaluation and treatment according to
2 terms required by the court. The costs of the
3 psychological evaluation and treatment shall be paid
4 by the person.
5 b. The juvenile court shall have exclusive
6 original jurisdiction in a proceeding concerning a
7 child who is alleged to have committed animal torture,
8 in the manner provided in section 232.8. The juvenile
9 court shall not waive jurisdiction in a proceeding
10 concerning an offense alleged to have been committed
11 by a child under the age of seventeen."

Amendment H-8852 was adopted.

Garman of Story offered the following amendment H-8813, to the
Senate amendment H-8746, filed by her from the floor and moved its
adoption:

H-8813

1 Amend the Senate amendment, H-8746, to House File
2 723, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by striking lines 5 through 41.
5 2. By renumbering as necessary.

Roll call was requested by Kreiman of Davis and Davis of Wapello.

On the question "Shall amendment H-8813, to the Senate
amendment H-8746, be adopted?" (H.F. 723)

The ayes were, 57:
Alons Arnold Barry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Brunkhorst Carroll
Dix Doderer Dolecheck Drake
Drees Eddie Fallon Garman
Gipp Greiner Hahn Hansen
Heaton Hoffman Holmes Horbach
Houser Huseman Huser Jager
Jenkins Johnson Kettering Klemme
Lord Martin May Metcalf
Millage Mundie Nelson-Forbes O'Brien
Rayhons Shoultz Sukup Sunderbruch
Teig Thomas Thomson Tyrrell
Van Engelenhoven Van Fossen Weidman Weigel
Welter

 


The nays were, 40:
Bukta Cataldo Chiodo Cohoon
Connors Cormack Davis Dotzler
Falck Foege Greimann Grundberg
Holveck Jacobs Jochum Kreiman
Kuhn Larkin Larson Mascher
Mertz Murphy Myers Osterhaus
Parmenter Raecker Rants Reynolds
Richardson Scherrman Schrader Shey
Stevens Taylor, D. Taylor, T. Warnstadt
Whitead Wise Witt Mr. Speaker
Siegrist

 


Absent or not voting, 3:
Blodgett Ford Frevert

 


Amendment H-8813 was adopted, placing amendment H-8842, to
the Senate amendment H-8746, filed by Teig of Hamilton, Arnold of
Lucas, Huseman of Cherokee, Barry of Harrison, Brauns of
Muscatine, Sukup of Franklin, Klemme of Plymouth, Holmes of Scott,
Eddie of Buena Vista, Horbach of Tama, Rayhons of Hancock,
Dolecheck of Ringgold, Carroll of Poweshiek, Houser of
Pottawattamie, Hahn of Muscatine, Greiner of Washington, Kettering
of Sac, Baudler of Adair, Alons of Sioux, Drake of Pottawattamie,
Boggess of Page, Hoffman of Crawford and Johnson of Osceola, from
the floor, previously deferred, out of order.

On motion by Davis of Wapello the House concurred in the Senate
amendment H-8746, as amended.

Davis of Wapello moved that the bill, as amended by the Senate,
further amended 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. 723)

The ayes were, 97:
Alons Arnold Barry 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 Garman Gipp Greimann
Greiner Grundberg Hahn Hansen
Heaton Hoffman Holmes Holveck
Horbach Houser Huseman Huser
Jacobs Jager Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Millage Mundie Murphy
Myers Nelson-Forbes O'Brien Osterhaus
Parmenter Raecker Rants Rayhons
Reynolds Richardson Scherrman Schrader
Shey Shoultz Stevens Sukup
Sunderbruch Taylor, D. Taylor, T. Teig
Thomas Thomson Tyrrell Van Engelenhoven
Van Fossen Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Mr. Speaker
Siegrist

 


The nays were, 1:
Baudler

 


Absent or not voting, 2:
Ford Frevert

 


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


IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 723 be immediately messaged to the Senate.

MOTION TO RECONSIDER
(Senate File 2439)

I move to reconsider the vote by which Senate File 2439 passed the
House on April 11, 2000.

RANTS of Woodbury

EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on April 5, 6 and
10, 2000. Had I been present, I would have voted "aye" on House
Files 475, 2198, 2317, 2377, 2429, 2463, 2491, 2511, 2513, 2528, 2533
and Senate Joint Resolution 2005, Senate Files 419, 2079, 2143,
2267, 2302, 2312, 2313, 2329, 2331, 2360, 2371, 2395, 2424 and 2426.

CATALDO of Polk

I was necessarily absent from the House chamber on April 11,
2000. Had I been present, I would have voted "aye" on House File
2557 and Senate Files 2126 and 2348.

HANSEN of Pottawattamie

I was necessarily absent from the House chamber on April 11,
2000. Had I been present, I would have voted "aye" on House File
2419.

JAGER of Black Hawk

I was necessarily absent from the House chamber on April 10,
2000. Had I been present, I would have voted "aye" on House Files
475, 2491, 2528 and Senate File 2143.

VAN FOSSEN of Scott


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 11th day of April, 2000: House Files 2315, 2327, 2328, 2388 and 2394.

ELIZABETH A. ISAACSON
Chief Clerk of the House

Report adopted.

PRESENTATION OF VISITORS

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

Thirty-one 4-H students from Jones County, accompanied by Joe
Yelik and their 4-H leaders. By Boddicker of Cedar and Welter of
Jones.

Seventy-two sixth grade students from Manson Northwest
Webster, Barnum, accompanied by Kevin Henrichs and teachers. By
Mundie of Webster.

Thirty-six students from Belle Plaine High School, Belle Plaine,
accompanied by Mark Tejeler and Mike Smith. By Tyrrell of Iowa.

COMMUNICATIONS RECEIVED

The following communications were received and filed in the office
of the Chief Clerk:

IOWA COMMUNICATIONS NETWORK

The Fiscal Year 1999 Annual Report, pursuant to Chapter 8D.3(f), Code of Iowa.

IOWA WORKFORCE DEVELOPMENT

An Annual Status Report on the unemployment compensation trust fund, pursuant
to Chapter 96.35, 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\790 Mary Ogilvie, Norwalk - For celebrating her 80th birthday.

2000\791 Alice and Marloe Ellingson, Osage - For celebrating their 50th wedding
anniversary.

2000\792 Arthur Troge, Osage - For celebrating his 100th birthday.

2000\793 Alvina Redding Brown, Stacyville - For celebrating her 85th birthday.

2000\794 Anna Redding Brown, Osage - For celebrating her 85th birthday.

2000\795 Mr. and Mrs. Jon Stewart, Dunkerton - For celebrating their 60th
wedding anniversary.

2000\796 Pat and Stan Hilmer, Dunkerton - For celebrating their 50th wedding
anniversary.

2000\797 Maude Canfield, Dunkerton - For celebrating her 92nd birthday.

2000\798 Luella and John Pattison, Fayette - For celebrating their 50th wedding
anniversary.

2000\799 Donnabelle and Bob Graig, Sioux City - For celebrating their 50th
wedding anniversary.

2000\800 Kenneth Whitcomb, Guthrie Center - For celebrating his 85th birthday.

2000\801 Gretchen Vaughan, Bayard - For celebrating her 80th birthday.

2000\802 Kenneth Bullard, Panora - For celebrating his 80th birthday.

2000\803 Lila and Francis Kastner, Yale - For celebrating their 50th wedding
anniversary.

2000\804 Clifford Boehmler, Hawkeye - For celebrating his 80th birthday.

2000\805 Ethel Hare, Rowley - For celebrating her 98th birthday.

2000\806 Isiserettes Drill and Drum Corps, Des Moines - For their outstanding
achievements and celebrating their 20th anniversary on April 29, 2000.


2000\807 Nathan Andrew Nicholson, Cedar Falls - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.

2000\808 Kyle Matthew Barnes, Cedar Falls - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.

2000\809 Adam James McFarlane, Cedar Falls - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.

2000\810 Jonathan Michael Wood, Cedar Falls - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.

2000\811 Bradley William Randall, Cedar Falls - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.

2000\812 Brian James Kalina, Cedar Falls - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.

2000\813 David Rottinghaus, Charles City - For being named to the First Team
All-State Class 3-A Boys' Basketball Team.

2000\814 Charles City Senior High Fine Arts Department, Charles City - For
being selected as a GRAMMY Signature School.

2000\815 Jerome and Lenore Schlader, Rockford - For celebrating their 50th
wedding anniversary.

2000\816 Dale Courbat, Waterloo - For celebrating his 79th birthday.

2000\817 Charles and Phyllis Cowell, Waterloo - For celebrating their 50th
wedding anniversary.

HOUSE STUDY BILL COMMITTEE ASSIGNMENT

H.S.B. 785 Appropriations

Relating to public expenditure and regulatory matters, making
appropriations, and establishing a Microsoft settlement fund.

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

Committee Bill (Formerly House Study Bill 782), relating to the compensation
and benefits for public officials and employees, providing for related matters, and
making appropriations.

Fiscal Note is not required.

Recommended Do Pass April 10, 2000.

Committee Bill (Formerly House Study Bill 783), relating to state government
technology and operations, by making and relating to appropriations to the Iowa
communications network for the support of certain Part III users, making
appropriations to various entities for other technology-related purposes, providing for
the procurement of information technology, providing for the use of the network, and
providing an effective date.

Fiscal Note is not required.

Recommended Amend and Do Pass April 10, 2000.

COMMITTEE ON HUMAN RESOURCES

House File 2565, a bill for an act relating to tobacco use prevention and control
and providing an effective date.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-8831 April 11, 2000.

RESOLUTIONS FILED

HCR 120, by Mascher, Doderer, Myers, Ford, and Foege, a
concurrent resolution relating to racist activities intended to harass
students and faculty at the University of Iowa.

Laid over under Rule 25.

HR 121, by Siegrist, a resolution congratulating the Iowa State
Cyclones Wrestling Team.

Laid over under Rule 25.

HR 122, by Nelson-Forbes, Greimann, Parmenter, Raecker, Rayhons,
Huser, Mertz, Jenkins, O'Brien, Cohoon, Witt, Millage, Garman,
Foege, Barry, Jacobs, Hoffman, Welter, Dolecheck, Mundie, Boggess,
Sukup, Alons, Cormack, Eddie, Greiner, Van Engelenhoven, Arnold,

Metcalf, Weidman, Mascher, Bukta, Gipp, Martin, Heaton, Dix,
Horbach, Johnson, Tyrrell, Brunkhorst, Davis, Osterhaus, Kuhn, D.
Taylor, Wise, Houser, Myers, Doderer, Grundberg, Falck, Thomas,
Murphy, Weigel, T. Taylor, Shoultz, Holmes, Hansen, Huseman,
Lord, Ford, Klemme, Dotzler, Larkin, Jager, Drake, Sunderbruch,
Brauns, Bradley, Hahn, Siegrist, Rants, Reynolds, Jochum, Boal,
Baudler, Bell, Blodgett, Boddicker, Carroll, Cataldo, Chiodo, Connors,
Drees, Fallon, Frevert, Holveck, Kettering, Kreiman, Larson, May,
Richardson, Scherrman, Schrader, Shey, Stevens, Teig, Thomson,
Van Fossen, Warnstadt, and Whitead, a resolution congratulating the
Iowa State Cyclones Women's Basketball Team.

Laid over under Rule 25.

AMENDMENTS FILED

H-8802 S.F. 2338 Grundberg of Polk
H-8804 S.F. 2443 Cormack of Webster
H-8805 S.F. 2302 Senate Amendment
H-8806 H.F. 2519 Senate Amendment
H-8807 H.F. 2560 Richardson of Warren
H-8817 H.F. 2477 Senate Amendment
H-8818 S.F. 2329 Senate Amendment
H-8824 S.F. 2338 Grundberg of Polk
H-8830 S.F. 2430 Bradley of Clinton
H-8831 H.F. 2565 Committee on Human Resources
H-8835 H.F. 2560 Weigel of Chickasaw
H-8836 H.F. 2560 Weigel of Chickasaw
H-8846 S.F. 2433 Falck of Fayette
H-8847 S.F. 2433 Falck of Fayette
H-8848 S.F. 2433 Falck of Fayette
H-8849 S.F. 2429 Davis of Wapello
H-8851 S.F. 2338 Weigel of Chickasaw
H-8857 S.F. 466 Klemme of Plymouth

On motion by Rants of Woodbury the House adjourned at 8:50
p.m., until 8:45 a.m., Wednesday, April 12, 2000.


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