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House Journal: Tuesday, April 18, 2000

JOURNAL OF THE HOUSE

One Hundredth Calendar Day - Sixty-fifth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, April 18, 2000

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

Prayer and song were offered by Reverend Bob Connors, pastor of
the Union Park Christian Church, Des Moines. He is the brother of
the Honorable John Connors, state representative from Polk County.

The Journal of Monday, April 17, 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 17, 2000, passed the following bill in which the concurrence of the Senate was
asked:

House File 2541, a bill for an act expanding the number of counties that may
designate unincorporated areas containing private lakes as rural improvement zones
and setting the limits for the standby taxes imposed in those zones.

Also: That the Senate has on April 17, 2000, passed the following bill in which the
concurrence of the Senate was asked:

House File 2561, a bill for an act providing for interest on delinquent assessments
payable to the Iowa egg council.

Also: That the Senate has on April 17, 2000, passed the following bill in which the
concurrence of the House is asked:

Senate File 2438, a bill for an act relating to the creation of a water quality district,
providing for the levy of a tax, and providing for other properly related matters.

Also: That the Senate has on April 18, 2000, passed the following bill in which the
concurrence of the House is asked:

Senate File 2447, a bill for an act relating to public improvements and providing
financial assistance to communities and school districts by creating a school
infrastructure program and fund, continuing the community attraction and tourism
program and fund, creating a vision Iowa board, creating a vision Iowa program and

fund, providing bonding authority to the treasurer of state, and exempting certain
income from taxation.

MICHAEL E. MARSHALL, Secretary

SENATE MESSAGE CONSIDERED

Senate File 2438, by committee on ways and means, a bill for an
act relating to the creation of a water quality district, providing for
the levy of a tax, and providing for other properly related matters.

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

CONSIDERATION OF BILLS
Unfinished Business Calendar

Senate File 292, a bill for an act providing for the designation of
investigative information possessed by the board of educational
examiners as privileged and confidential, with report of committee
recommending passage, was taken up for consideration.

Dolecheck of Ringgold 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. 292)

The ayes were, 96:
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 Foege
Frevert 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, 4:
Chiodo Fallon Ford Hansen

 


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

Senate File 2213, a bill for an act relating to on-site presence of a
pipeline company representative during farmland improvements near
pipelines, with report of committee recommending passage, was
taken up for consideration.

Dix of Butler 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. 2213)

The ayes were, 98:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Chiodo
Cohoon Connors Cormack Davis
Dix Doderer Dolecheck Dotzler
Drake Drees Eddie Falck
Fallon Foege Frevert 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, 2:
Hansen

 


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

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: Senate
Files 292 and 2213.

RULES SUSPENDED

Rants of Woodbury asked and received unanimous consent to
suspend the rules for a meeting of the committee on appropriations
immediately upon recess.

SENATE MESSAGE CONSIDERED

Senate File 2447, by Iverson and Gronstal, a bill for an act
relating to public improvements and providing financial assistance to
communities and school districts by creating a school infrastructure
program and fund, continuing the community attraction and tourism
program and fund, creating a vision Iowa board, creating a vision
Iowa program and fund, providing bonding authority to the treasurer
of state, and exempting certain income from taxation.

Read first time and passed on file.

On motion by Rants of Woodbury, the House was recessed at 9:32
a.m., until 1:00 p.m.

AFTERNOON SESSION

The House reconvened at 1:08 p.m., Speaker Siegrist in the chair.

MESSAGE FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 18, 2000, passed the following bill in which the concurrence of the House is asked:

Senate File 2441, a bill for an act relating to the transferability of the investment
tax credit under the new jobs and income program and including an effective date and
applicability provision.

MICHAEL E. MARSHALL, Secretary

SPECIAL PRESENTATIONS

Hoffman of Crawford introduced to the House the Honorable
Donald Gries former state representative from Crawford County.

Stevens of Dickinson introduced to the House the Honorable
Josephine Gruhn former state representative from Dickinson County.

SENATE AMENDMENT CONSIDERED

Grundberg of Polk called up for consideration House File 2378, a
bill for an act relating to requirements of and authorizations for
schools and area education agencies, and providing an effective date,
amended by the Senate amendment H-8899 as follows:

H-8899

1 Amend House File 2378, as passed by the House, as
2 follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. NEW SECTION. 256E.6 LEGISLATIVE
6 FINDINGS AND INTENT.
7 1. The general assembly finds that classroom
8 management is often difficult and complex, that
9 students are from diverse racial, ethnic, and social
10 backgrounds, and that behavioral disorders and special
11 education needs abound. Teachers, therefore, must be
12 prepared to effectively manage classrooms, to

13 communicate with and engage parents in their child's
14 education, to assess students' developmental needs,
15 and to organize and work in teams. While student
16 needs are great, the nation is experiencing a teacher
17 shortage.
18 2. Therefore, it is the intent of the general
19 assembly that the department of education encourage
20 each school district to develop and implement a
21 volunteer program that utilizes a valuable, tested
22 human resource, Iowa's retired teachers and
23 administrators, by inviting these experienced
24 educators to return to the schools as volunteer
25 mentors and aides. a volunteer mentor is not a mentor
26 as defined in section 256E.1, and is ineligible for
27 awards made under section 256E.4."
28 2. Page 1, by inserting before line 1 the
29 following:
30 "Section 1. NEW SECTION. 262.76 ASSIGNMENT OF
31 STUDENT TEACHERS - ACCREDITED NONPUBLIC SCHOOLS.
32 The state board of regents shall adopt rules
33 authorizing approved practitioner preparation program
34 faculty to assign a student enrolled in the program to
35 an accredited nonpublic school for student teaching
36 experience if the coursework and the curriculum the
37 student is assigned to teach are nonsectarian,
38 nonreligious, and would reasonably be expected to be
39 taught in any public school district in the state."
40 3. By striking page 2, line 12 through page 3,
41 line 1.
42 4. Page 3, by striking lines 23 through 34.
43 5. By striking page 4, line 14 through page 5,
44 line 4.
45 6. Page 5, by striking lines 5 through 23 and
46 inserting the following:
47 "Sec. . Section 283A.2, subsection 3, paragraph
48 b, unnumbered paragraph 1, and paragraph c, as enacted
49 by 1999 Iowa Acts, chapter 147, section 1, are amended
50 to read as follows:

Page 2

1 The board of directors of a school district that
2 wishes to provide safe, reasonable student access to a
3 school breakfast program, rather than operate or
4 provide for the operation of a school breakfast
5 program at a specific attendance center within the
6 school district shall develop an alternative site plan
7 to operate the school breakfast program at another
8 attendance center or other site within the school
9 district and shall annually certify to the department
10 that the plan meets the following criteria:
11 c. The board of directors of a school district

12 that wishes to provide access to a school breakfast
13 program in accordance with paragraph "b", shall notify
14 the parent, guardian, or legal or actual custodian of
15 a child enrolled in the district of the school
16 district's intention to develop and implement a plan
17 to provide school breakfast programs only in certain
18 attendance centers at an alternative site. At any
19 time in which the school district proposes to make
20 substantive changes to a plan certified with the
21 department of education, the notification requirements
22 of this paragraph shall apply."
23 7. Title page, line 2, by striking the words ",
24 and providing an effective date".
25 8. By renumbering, relettering, or redesignating
26 and correcting internal references as necessary.

Grundberg of Polk offered amendment H-8922, to the Senate
amendment H-8899, filed by her from the floor as follows:

H-8922

1 Amend the Senate amendment, H-8899, to House File
2 2378, as passed by the House, as follows:
3 1. Page 1, by inserting before line 28 the
4 following:
5 "Sec. ___. Section 272.12, Code 1999, as amended
6 by 2000 Iowa Acts, House File 2146, section 5, if
7 enacted, is amended to read as follows::
8 272.12 PARA-EDUCATOR CERTIFICATES.
9 The board of educational examiners shall adopt
10 rules pursuant to chapter 17A relating to a voluntary
11 certification system for para-educators. The rules
12 shall specify rights, responsibilities, levels, and
13 qualifications for the certificate. Applicants shall
14 be disqualified for any reason specified in section
15 272.6 or in administrative rule. Notwithstanding
16 section 272.6, subsection 1, paragraph "a", the board
17 may issue a para-educator certificate to a person who
18 is at least eighteen years of age. A person holding a
19 para-educator certificate shall not perform the duties
20 of a licensed practitioner. A certificate issued
21 pursuant to this chapter shall not be considered a
22 teacher or administrator license for any purpose
23 specified by law, including the purposes specified
24 under this chapter or chapter 279."
25 2. Page 1, by striking lines 28 through 39.
26 3. Page 1, by striking lines 40 and 41.
27 4. Page 1, by inserting after line 42 the
28 following:
29 " ___. Page 3, by inserting before line 35 the
30 following:

31 "Sec. ___. Section 296.1, Code 1999, is amended to
32 read as follows:
33 296.1 INDEBTEDNESS AUTHORIZED.
34 Subject to the approval of the voters thereof,
35 school districts are hereby authorized to contract
36 indebtedness and to issue general obligation bonds to
37 provide funds to defray the cost of purchasing,
38 building, furnishing, reconstructing, repairing,
39 improving, or remodeling a schoolhouse or schoolhouses
40 and additions thereto, gymnasium, stadium, field
41 house, school bus garage, teachers' or
42 superintendent's home or homes, and procuring a site
43 or sites therefor, or purchasing land to add to a site
44 already owned, or procuring and improving a site for
45 an athletic field, or improving a site already owned
46 for an athletic field, and for any one or more of such
47 purposes. Taxes for the payment of said bonds shall
48 be levied in accordance with chapter 76, and said such
49 bonds shall mature within a period not exceeding
50 twenty years from date of issue, shall bear interest

Page 2

1 at a rate or rates not exceeding that permitted by
2 chapter 74A, and shall be of such form as the board of
3 directors of such school district shall by resolution
4 provide, but the aggregate indebtedness of any school
5 district shall not exceed five percent of the actual
6 value of the taxable property within said the school
7 district, as ascertained by the last preceding state
8 and county tax lists. The bonds may be sold at public
9 or private sale at a price as may be determined by the
10 board of directors. Such bonds may be sold at not
11 less than ninety-eight percent of par or may be
12 exchanged for other bonds at not less than ninety-
13 eight percent of par."
14 ___. Page 4, by inserting after line 13 the
15 following:
16 "Sec. ___. Section 298.22, unnumbered paragraph 1,
17 Code 1999, is amended to read as follows:
18 All of said bonds shall be substantially in the
19 form provided for county bonds, but subject to changes
20 that will conform them to the action of the board
21 providing therefor; shall run not more than twenty
22 years, and may be sooner paid if so nominated in the
23 bond; bear a rate of interest not exceeding that
24 permitted by chapter 74A, payable semiannually; be
25 signed by the president and countersigned by the
26 secretary of the board of directors; and shall not be
27 disposed of for less than par value, nor issued for
28 other purposes than this chapter provides be sold at
29 public or private sale at a price as may be determined

30 by the board of directors. Such bonds may be sold at
31 not less than ninety-eight percent of par or may be
32 exchanged for other bonds at not less than ninety-
33 eight percent of par.""
34 5. Page 1, by striking lines 43 and 44.
35 6. Page 2, by inserting after line 22 the
36 following:
37 "Sec. ___. Section 403.19, subsection 2, Code
38 1999, as amended by 2000 Iowa Acts, Senate File 2089,
39 section 2, is amended to read as follows:
40 2. That portion of the taxes each year in excess
41 of such amount shall be allocated to and when
42 collected be paid into a special fund of the
43 municipality to pay the principal of and interest on
44 loans, moneys advanced to, or indebtedness, whether
45 funded, refunded, assumed, or otherwise, including
46 bonds issued under the authority of section 403.9,
47 subsection 1, incurred by the municipality to finance
48 or refinance, in whole or in part, an urban renewal
49 project within the area, and to provide assistance for
50 low and moderate income family housing as provided in

Page 3

1 section 403.22, except that taxes for the regular and
2 voter-approved physical plant and equipment levy of a
3 school district imposed pursuant to section 298.2 and
4 taxes for the payment of bonds and interest of each
5 taxing district must be collected against all taxable
6 property within the taxing district without limitation
7 by the provisions of this subsection. However, all or
8 a portion of the taxes for the physical plant and
9 equipment levy shall be paid by the school district to
10 the municipality if the municipality certifies to the
11 school district by July 1 county auditor the amount of
12 such levy that is necessary to pay the principal and
13 interest on indebtedness incurred by the municipality
14 to finance an urban renewal project, which
15 indebtedness was incurred before July 1, 2000. If the
16 county auditor concurs with the certification, the
17 auditor shall notify the school district by July 1.
18 Such The school district shall pay over the amount
19 certified by November 1 following certification
20 notification to the school district. Unless and until
21 the total assessed valuation of the taxable property
22 in an urban renewal area exceeds the total assessed
23 value of the taxable property in such area as shown by
24 the last equalized assessment roll referred to in
25 subsection 1, all of the taxes levied and collected
26 upon the taxable property in the urban renewal area
27 shall be paid into the funds for the respective taxing
28 districts as taxes by or for the taxing districts in

29 the same manner as all other property taxes. When
30 such loans, advances, indebtedness, and bonds, if any,
31 and interest thereon, have been paid, all moneys
32 thereafter received from taxes upon the taxable
33 property in such urban renewal area shall be paid into
34 the funds for the respective taxing districts in the
35 same manner as taxes on all other property.
36 Sec. ___. Section 422E.4, unnumbered paragraph 1,
37 Code Supplement 1999, is amended to read as follows:
38 The board of directors of a school district shall
39 be authorized to issue negotiable, interest-bearing
40 school bonds, without election, and utilize tax
41 receipts derived from the sales and services tax for
42 school infrastructure purposes for principal and
43 interest repayment. Proceeds of the bonds issued
44 pursuant to this section shall be utilized solely for
45 school infrastructure needs as school infrastructure
46 is defined in section 422E.1, subsection 3. Issuance
47 of bonds pursuant to this section shall be permitted
48 only in a district which has imposed a local sales and
49 services tax for school infrastructure purposes
50 pursuant to section 422E.2. The provisions of

Page 4

1 sections 298.22 through 298.24 shall apply regarding
2 the form, rate of interest, registration, redemption,
3 and recording of bond issues pursuant to this section,
4 with the exception that the maximum period during
5 which principal on the bonds is payable shall not
6 exceed a ten-year period, or the date of repeal stated
7 on the ballot proposition. Bonds issued pursuant to
8 this section may be sold at public or private sale at
9 a price as may be determined by the board of directors
10 of the school district. Such bonds may be sold at not
11 less than ninety-eight percent of par or may be
12 exchanged for other bonds at not less than ninety-
13 eight percent of par.""
14 7. By renumbering as necessary.

The House stood at ease at 1:21 p.m., until the fall of the gavel.

The House resumed session and consideration of House File 2378,
amendment H-8922 to the Senate amendment H-8899, at 3:00 p.m.,
Dix of Butler in the chair.

Cohoon of Des Moines offered the following amendment H-8931, to
amendment H-8922 to the Senate amendment H-8899 filed by him
from the floor and moved its adoption:


H-8931

1 Amend the amendment, H-8922, to the Senate
2 amendment, H-8899, to House File 2378, as passed by
3 the House, as follows:
4 1. Page 1, line 26, by striking the figure "41."
5 and inserting the following: "41 and inserting the
6 following:
7 " ___. Page 2, by striking lines 14 through 25 and
8 inserting the following:
9 "1. The school year shall begin on the first day
10 of July and each regularly established elementary and
11 secondary school shall begin no sooner than a day
12 during the calendar week in which the first twenty-
13 fifth day of September August falls but no later than
14 the first Monday in December. However, if the first
15 twenty-fifth day of September August falls on a
16 Sunday, school may begin on a day during the calendar
17 week which immediately precedes the first twenty-fifth
18 day of September August. School shall continue for at
19 least one hundred eighty days, except as provided in
20 subsection 3, and may be maintained during the entire
21 calendar year. However, if the".
22 ___. By striking page 2, line 35 through page 3,
23 line 1.""
24 2. Page 2, by striking line 34.
25 3. By renumbering as necessary.

Amendment H-8931 lost.

Bukta of Clinton offered the following amendment H-8938, to
amendment H-8922 to the Senate amendment H-8899 filed by her
from the floor and moved its adoption:

H-8938

1 Amend the amendment, H-8922, to the Senate
2 amendment, H-8899, to House File 2378, as passed by
3 the House, as follows:
4 1. Page 3, by striking lines 18 and 19 and
5 inserting the following: "Such The school district
6 shall pay over at least one-half of the amount
7 certified by November 1 and the remainder by May 1
8 following certification".

Amendment H-8938 was adopted.

Division was requested on amendment H-8922 to the Senate
amendment H-8899 as follows:

Page 1 - Lines 3 through 25, Division A; Line 26, Division B; Lines
27 through 50, Division A.
Page 2 - Lines 1 through 33, Division A; Line 34, Division B; Line
35 through the rest of the amendment, Division A.

On motion by Grundberg of Polk amendment H-8922A to the
Senate amendment H-8899 was adopted, placing amendment H-
8926 to the Senate amendment H-8899, filed by Cohoon of Des
Moines from the floor, out of order.

Grundberg of Polk moved the adoption of amendment H-8922B to
the Senate amendment H-8899.

Amendment H-8922B was adopted.

On motion by Grundberg of Polk the House concurred in the
Senate amendment H-8899, as amended.

Grundberg of Polk 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. 2378)

The ayes were, 98:
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 Frevert 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
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 Dix,
Presiding

 


The nays were, none.

Absent or not voting, 2:
Rants Siegrist, Spkr.

 


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

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 18, 2000, amended and passed the following bill in which the concurrence of the
House is asked:

House File 2008, a bill for an act providing residency status to certain members of
the armed forces for purposes of hunting, fishing, and fur harvesting.

Also: That the Senate has on April 18, 2000, passed the following bill in which the
concurrence of the Senate was asked:

House File 2145, a bill for an act providing for the utilization of budget enrollment
in determining gifted and talented program funding, and providing an effective date.

Also: That the Senate has on April 18, 2000, passed the following bill in which the
concurrence of the Senate was asked:

House File 2550, a bill for an act relating to the Iowa educational savings plan trust
and providing an effective date.

Also: That the Senate has on April 18, 2000, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

Senate File 2450, a bill for an act relating to the compensation and benefits for
public officials and employees, providing for related matters, and making
appropriations.

Also: That the Senate has on April 18, 2000, passed the following bill in which the
concurrence of the House is asked:


Senate File 2454, a bill for an act relating to the designation of a "Bill of Rights
Day".

MICHAEL E. MARSHALL, Secretary

Sukup of Franklin in the chair at 3:34 p.m.

CONSIDERATION OF BILL
Appropriations Calendar

House File 2555, a bill for an act relating to and making
appropriations from the tobacco settlement fund, was taken up for
consideration.

Heaton of Henry offered amendment H(8930 filed by him from the
floor as follows:

H-8930

1 Amend House File 2555 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. TOBACCO SETTLEMENT FUND -
5 APPROPRIATIONS TO DEPARTMENTS. There is appropriated
6 from the tobacco settlement fund created in section
7 12.65 to the following departments for the fiscal year
8 beginning July 1, 2000, and ending June 30, 2001, the
9 following amounts, or so much thereof as is necessary,
10 to be used for the purposes designated:
11 1. To the department of human services:
12 a. Beginning November 1, 2000, to increase the
13 reimbursement rate for all noninstitutional medical
14 assistance providers, excluding anesthesia and dental
15 services, to the rate in effect on January 1, 2000,
16 under the fee schedule established for Iowa under the
17 federal Medicare program that incorporates the
18 resource-based relative value scale methodology:
19 .................................... $ 6,000,000
20 b. To increase the reimbursement rate to 75
21 percent of the usual and customary rate for the fiscal
22 year July 1, 2000, through June 30, 2001, for dental
23 services under the medical assistance program:
24 .................................................. $ 3,600,000
25 c. To provide a cost-of-living adjustment for the
26 fiscal year July 1, 2000, through June 30, 2001, of 5
27 percent to rehabilitative treatment and support
28 services providers under the medical assistance
29 program:
30 .................................................. $ 3,100,000

31 The cost of living adjustment for rehabilitative
32 treatment and support services providers shall be
33 applied to each individual provider's state audited
34 rate.
35 d. To provide a cost-of-living adjustment for the
36 fiscal year July 1, 2000, through June 30, 2001, of 5
37 percent to adoption, independent living, shelter care,
38 and home studies services providers:
39 .............................................. $ 500,000
40 The cost-of-living adjustment for licensed or
41 approved shelter care providers shall be applied to
42 each individual licensed or approved shelter care
43 provider's state audited rate. On or before August 1,
44 2000, the department shall recalculate the statewide
45 average cost of shelter care to include the total
46 amount of the individual providers' cost-of-living
47 adjustments. The cost-of-living adjustment percentage
48 specified in this lettered paragraph shall be applied
49 directly to the state's audited shelter care per diem
50 reimbursement rate.

Page 2

1 e. To increase the reimbursement rate for the
2 fiscal year July 1, 2000, through June 30, 2001, for
3 hospitals under the medical assistance program by 3
4 percent over the reimbursement rate in effect on June
5 30, 2000:
6 ................................................ $ 2,300,000
7 f. To increase the reimbursement rate for the
8 fiscal year July 1, 2000, through June 30, 2001, for
9 home health care services under the medical assistance
10 program to the rate provided for such services under
11 the federal Medicare program:
12 .................................................. $ 2,400,000
13 g. To increase the reimbursement rate for the
14 fiscal year July 1, 2000, through June 30, 2001, for
15 critical access hospitals under the medical assistance
16 program to the rate provided for such hospitals under
17 the federal Medicare program:
18 ................................................. $ 250,000
19 h. To provide for expansion of home health care
20 services and habilitative day care under the medical
21 assistance program for children with special needs:
22 ................................................. $ 4,400,000
23 i. To provide for expansion of respite care
24 services provided through home and community-based
25 waivers under the medical assistance program:
26 ................................................. $ 1,200,000
27 j. To increase the reimbursement rate for the
28 fiscal year July 1, 2000, through June 30, 2001, to
29 service providers under the purview of the department

30 of human services by 1 percent over the rates in
31 effect on June 30, 2000:
32 ................................................. $ 550,000
33 Of the funds appropriated to the department of
34 human services under this subsection, $182,381 shall
35 be used to meet the maintenance of effort requirements
36 under the state supplementary assistance program.
37 The department of human services shall conduct a
38 review of the reimbursement rates for providers of
39 dental services and shall submit a report of its
40 findings to the governor and the general assembly on
41 or before December 1, 2000.
42 The department of human services may adopt
43 emergency rules to implement this subsection.
44 2. To the department of human services to
45 supplement the children's health insurance program
46 appropriation:
47 ................................................ $ 200,000
48 The department shall not utilize an earned income
49 deduction in computing income eligibility under the
50 children's health insurance program.

Page 3

1 3. To the department of human services for
2 performance of the evaluation required under this
3 subsection:
4 ................................................ $ 35,000
5 The department of human services shall seek a
6 waiver from the health care financing administration
7 of the United States department of health and human
8 services to implement a pilot project in fiscal year
9 2000-2001 to study the effects of providing continuous
10 eligibility for children under the medical assistance
11 program. If the waiver is approved, the pilot project
12 shall be implemented in one rural and one urban
13 county, and the department shall enter into a contract
14 with an entity outside of the department to perform an
15 evaluation of the pilot project. The evaluating
16 entity shall coordinate its efforts with efforts of
17 the United States department of health and human
18 services relating to evaluation of continuous
19 eligibility. The evaluating entity shall submit a
20 report to the general assembly on or before December
21 15, 2000, regarding the findings of the pilot project
22 including, but not limited to, any increased costs
23 which may be incurred through continuous eligibility.
24 The report shall also include recommendations for
25 discontinuation or expansion of the pilot project.
26 4. To the Iowa department of public health:
27 a. For additional substance abuse treatment under
28 the substance abuse treatment program:

29 ................................................ $ 11,900,000
30 (1) The department shall use funds appropriated in
31 this paragraph to enhance the quality of and to expand
32 the capacity to provide 24-hour substance abuse
33 treatment programs.
34 (2) The department shall use funds appropriated in
35 this paragraph to expand the length of individual
36 client substance abuse treatment plans, as necessary
37 to reduce program recidivism.
38 (3) The department shall use funds appropriated in
39 this paragraph to share research-based best practices
40 for treatment with substance abuse treatment
41 facilities.
42 (4) The department shall use funds appropriated in
43 this paragraph to develop a results-based funding
44 approach for substance abuse treatment services.
45 (5) The department shall use funds appropriated in
46 this paragraph to develop a program to encourage
47 individuals who are successfully managing their
48 substance abuse problems to serve as role models.
49 b. For development of a healthy Iowans 2010 plan
50 within the Iowa department of public health and for

Page 4

1 not more than the following full-time equivalent
2 positions:
3 .............................................. $ 2,800,000
4 FTEs 4.00
5 (1) Of the funds appropriated in this paragraph,
6 not more than $1,500,000 shall be used for core public
7 health functions, including home health care and
8 public health nursing services, contracted through a
9 formula by local boards of health, to enhance disease
10 and injury prevention services.
11 (2) Of the funds appropriated in this paragraph,
12 not more than $400,000 shall be used for the
13 implementation and support of a coordinated system of
14 delivery of trauma and emergency medical services.
15 (3) Of the funds appropriated in this paragraph,
16 not more than $437,000 shall be used for the
17 establishment of a state poison control center.
18 (4) Of the funds appropriated in this paragraph,
19 not more than $300,000 shall be used for the
20 development of scientific and medical expertise in
21 environmental epidemiology.
22 (5) Of the funds appropriated in this paragraph,
23 not more than $163,000 shall be used to implement
24 prevention strategies of Healthy Iowans 2010 to
25 address the leading causes of death in Iowa.
26 5. To the department of corrections:
27 .............................................. $ 610,000

28 a. Of the funds appropriated in this subsection,
29 $127,217 is allocated to the second judicial district
30 department of correctional services to replace expired
31 federal funding for day programming.
32 b. Of the funds appropriated in this subsection,
33 $35,359 is allocated to the third judicial district
34 department of correctional services to replace expired
35 federal funding for the drug court program.
36 c. Of the funds appropriated in this subsection,
37 $191,731 is allocated to the fourth judicial district
38 department of correctional services for a drug court
39 program.
40 d. Of the funds appropriated in this subsection,
41 $255,693 is allocated to the fifth judicial district
42 department of correctional services to replace expired
43 funding for the drug court program.
44 Sec. 2. TOBACCO SETTLEMENT FUND - APPROPRIATION
45 - IOWA DEPARTMENT OF PUBLIC HEALTH. There is
46 appropriated from the tobacco settlement fund created
47 in section 12.65 to the Iowa department of public
48 health for the fiscal period beginning April 1, 2000,
49 and ending June 30, 2001, the following amounts, or so
50 much thereof as is necessary, for the purpose

Page 5

1 designated, and for not more than the following full-
2 time equivalent positions:
3 For a tobacco use prevention and control program,
4 including efforts at the state and local levels, as
5 provided by the 2000 Session of the Seventy-eighth
6 General Assembly:
7 ................................................. $ 9,345,394
8 .............................................. FTEs 7.00
9 1. Of the funds appropriated in this section,
10 $1,782,420 shall be used to expand activities that
11 ensure compliance with section 453A.2 and other laws
12 and ordinances prohibiting the sale of tobacco
13 products to persons under 18 years of age. Funds
14 allocated in this subsection and used for the purposes
15 of this subsection shall supplement, not supplant,
16 other funds received or used to enforce these laws and
17 ordinances.
18 The director of public health shall dedicate
19 sufficient resources to promote and ensure retailer
20 compliance with tobacco laws and ordinances relating
21 to persons under 18 years of age, and shall prioritize
22 the state's compliance in the allocation of available
23 funds with section 218 of H.R. 3424 as enacted in
24 Division B, Section 1000(a)(4) of H.R. 3194, and as
25 incorporated by cross-reference in the conference
26 report, H. Rept. 106-479 to H.R. 3194, as enacted in

27 Pub. L. No. 106-113.
28 2. Of the funds appropriated in this section, not
29 more than $300,000 shall be used to conduct a
30 statewide youth summit on tobacco use prevention and
31 control. The summit shall be held no later than August
32 15, 2000.
33 3. Of the full-time equivalent positions
34 authorized under this section, two full-time
35 equivalent positions shall be utilized to provide for
36 enforcement of tobacco laws and regulations under
37 contracts entered into between the Iowa department of
38 public health and the alcoholic beverages division of
39 the department of commerce.
40 4. Of the funds appropriated in this section, not
41 more than $525,759 shall be expended on administration
42 and management of the program.
43 Sec. 3. PURCHASE OF SERVICE CONTRACT PROVIDERS -
44 REIMBURSEMENT INCREASE. There is appropriated from
45 the tobacco settlement fund created in section 12.65
46 to the property tax relief fund created in section
47 426B.1 for the fiscal year beginning July 1, 2000, and
48 ending June 30, 2001, the following amount, or so much
49 thereof as is necessary, to be used for the purposes
50 designated:

Page 6

1 For assistance to certain counties with limited
2 county mental health, mental retardation, and
3 developmental disabilities services fund balances to
4 pay reimbursement increases in accordance with this
5 section:
6 ................................................. $ 2,000,000
7 1. For the purposes of this section unless the
8 context otherwise requires:
9 a. "Adjusted actual cost" means a POS provider's
10 cost as computed using the financial and statistical
11 report for the provider's fiscal year which ended
12 during the state fiscal year beginning July 1, 1998,
13 as adjusted by multiplying those actual costs by 103.4
14 percent or the percentage adopted by the risk pool
15 board in accordance with subsection 3, paragraph "c".
16 b. "Host county" means the county in which the
17 primary offices of a POS provider are located.
18 However, if a POS provider operates a separate program
19 in more than one county, "host county" means the
20 county in which the separate program is operated.
21 c. "Purchase of service provider" or "POS
22 provider" means" a provider of sheltered work, work
23 activity, supported employment, job placement, enclave
24 services, adult day care, transportation, supported
25 community living services, or adult residential

26 services paid by a county from the county's services
27 fund created in section 331.424A under a state
28 purchase of service or county contract.
29 d. "Risk pool board" means the same as used in
30 section 426B.5, subsection 3.
31 e. "Services fund" means the same as defined in
32 section 331.424A.
33 2. a. For the fiscal year beginning July 1, 2000,
34 the counties receiving state payments from the
35 property tax relief fund shall provide a reimbursement
36 rate increase for the fiscal year to eligible POS
37 providers. The purpose of the reimbursement rate
38 increase is to assist POS providers that have
39 increased the compensation of their service staff.
40 The reimbursement rate increase shall apply to POS
41 services provided during the entire fiscal year
42 beginning July 1, 2000.
43 b. In order to be eligible, a POS provider's
44 adjusted actual cost of providing a service must be in
45 excess of the reimbursement rate paid to the provider
46 by the county as of June 30, 2000, and the excess cost
47 must be attributable, at least in part, to service
48 staff compensation. The documentation used in
49 determining whether actual costs have increased for a
50 POS provider shall be the applicable amounts submitted

Page 7

1 to the host county in the provider's annual financial
2 and statistical reports, completed in accordance with
3 department of human services' rules for purchase of
4 services. The determination shall be made by
5 comparing the applicable amounts in the report for the
6 POS provider's fiscal year which ended during state
7 fiscal year 1998-1999, with the applicable amounts in
8 the report for the POS provider's fiscal year which
9 ended during state fiscal year 1999-2000.
10 c. The host county shall increase the POS
11 provider's reimbursement rate to the POS provider's
12 adjusted actual cost, subject to a maximum of 5
13 percent over the reimbursement rates paid by the host
14 county to that POS provider as of June 30, 2000. The
15 reimbursement rate increase approved by the host
16 county shall be accepted by all other counties that
17 have an arrangement with the POS provider for
18 provision of the program or service.
19 3. a. If a county projects that payment of the
20 reimbursement rate increase required pursuant to this
21 section will cause the county to expend from the
22 services fund during the fiscal year beginning July 1,
23 2000, an amount in excess of the sum of 100 percent of
24 the county's budgeted expenses for that fiscal year

25 and any amount of the county's previous fiscal year
26 ending services fund balance in excess of 25 percent
27 of the county's gross expenditures from the services
28 fund in the previous fiscal year, the county may apply
29 for assistance from the moneys appropriated in this
30 section. The board may accept or reject an
31 application for assistance in whole or in part. The
32 decision of the board is final.
33 b. The funding appropriated in this section shall
34 be administered separately from other funding
35 administered by the risk pool board pursuant to
36 section 426B.5, subsection 3. On or before September
37 1, 2000, the risk pool board shall adopt rules, and
38 implement forms, deadlines, application procedures,
39 and other provisions necessary for distributing
40 assistance moneys to such counties. The risk pool
41 board may adopt the rules on an emergency basis under
42 section 17A.4, subsection 2, and section 17A.5,
43 subsection 2, paragraph "b", to implement the
44 procedures and requirements and the rules shall be
45 effective immediately upon filing unless a later date
46 is specified in the rules. Any rules adopted in
47 accordance with this paragraph shall also be published
48 as a notice of intended action as provided in section
49 17A.4.
50 c. If the funds appropriated in this section are

Page 8

1 insufficient to pay the total amount of assistance to
2 all counties that are determined by the risk pool
3 board to be eligible for assistance under this
4 subsection, the total amount of assistance shall be
5 prorated among the eligible counties by the risk pool
6 board. However, if the risk pool board determines
7 that prorating the amount of assistance would be
8 required, in addition to or in lieu of prorating the
9 amount of assistance, the risk pool board may adopt a
10 different percentage for the definition of "adjusted
11 actual cost" used in this section. If a different
12 percentage is adopted, the percentage shall be
13 applicable to reimbursement rates payable throughout
14 the fiscal year. A county may delay payment of the
15 reimbursement rate increase required by this section
16 until the risk pool board has completed action as to
17 adopting or not adopting a different percentage for
18 the definition of "adjusted actual cost". Moneys
19 appropriated in this section that remain unencumbered
20 or unobligated at the close of the fiscal year shall
21 revert to the tobacco settlement fund.
22 d. If a county receiving assistance in accordance
23 with this subsection does not levy the maximum amount

24 allowed for the county's mental health, mental
25 retardation, and developmental disabilities services
26 fund under section 331.424a for the fiscal year
27 beginning July 1, 2000, the county shall repay the
28 assistance provided to the county in accordance with
29 this subsection in the succeeding fiscal year. The
30 repayment amount shall be limited to the amount by
31 which the actual amount levied was less than the
32 maximum amount allowed. Repayments shall be credited
33 to the tobacco settlement fund.
34 4. The department of human services, in
35 consultation with the risk pool board, shall develop
36 and submit a recommendation on or before December 1,
37 2000, to the governor and the general assembly
38 addressing provisions for counties receiving
39 assistance under this section to continue receiving
40 that assistance in subsequent fiscal years.
41 Sec. 4. SAVINGS ACCOUNT FOR HEALTHY IOWANS. There
42 is appropriated from the tobacco settlement fund
43 created in section 12.65 to the savings account for
44 healthy Iowans established within the tobacco
45 settlement fund, for the fiscal year beginning July 1,
46 2000, and ending June 30, 2001, the following amount:
47 ................................................ $ 3,800,000
48 Sec. 5. REVERSION. Any moneys appropriated under
49 this Act which are unexpended or unencumbered at the
50 end of the fiscal period ending June 30, 2001, shall

Page 9

1 revert to the tobacco settlement fund.
2 Sec. 6. Section 249A.3, subsection 1, Code
3 Supplement 1999, is amended by adding the following
4 new paragraph after paragraph k:
5 NEW PARAGRAPH. kk. Is an infant whose income is
6 not more than two hundred percent of the federal
7 poverty level, as defined by the most recently revised
8 income guidelines published by the United States
9 department of health and human services.
10 Sec. 7. NEW SECTION. 249A.20 NONINSTITUTIONAL
11 HEALTH PROVIDERS - REIMBURSEMENT.
12 Beginning November 1, 2000, the department shall
13 use the federal Medicare resource-based relative value
14 scale methodology to reimburse all applicable
15 noninstitutional health providers, excluding
16 anesthesia and dental services, that on June 30, 2000,
17 are reimbursed on a fee-for-service basis for
18 provision of services under the medical assistance
19 program. The department shall apply the federal
20 Medicare resource-based relative value scale
21 methodology to such health providers in the same
22 manner as the methodology is applied under the federal

23 Medicare program and shall not utilize the resource-
24 based relative value scale methodology in a manner
25 that discriminates between such health providers. The
26 reimbursement schedule shall be adjusted, annually, on
27 July 1, and shall provide for reimbursement that is
28 not less than the reimbursement provided under the fee
29 schedule established for Iowa under the federal
30 Medicare program in effect on January 1 of that
31 calendar year.
32 Sec. 8. Section 514I.8, subsection 1, Code 1999,
33 is amended to read as follows:
34 1. Effective July 1, 1998, and notwithstanding any
35 medical assistance program eligibility criteria to the
36 contrary, medical assistance shall be provided to, or
37 on behalf of, an eligible child under the age of
38 nineteen whose family income does not exceed one
39 hundred thirty-three percent of the federal poverty
40 level, as defined by the most recently revised poverty
41 income guidelines published by the United States
42 department of health and human services.
43 Additionally, effective July 1, 2000, and
44 notwithstanding any medical assistance program
45 eligibility criteria to the contrary, medical
46 assistance shall be provided to, or on behalf of, an
47 eligible infant whose family income does not exceed
48 two hundred percent of the federal poverty level, as
49 defined by the most recently revised poverty income
50 guidelines published by the United States department

Page 10

1 of health and human services.
2 Sec. 9. Section 514I.8, subsection 2, paragraph c,
3 Code 1999, is amended to read as follows:
4 c. Is a member of a family whose adjusted gross
5 income does not exceed one two hundred eighty-five
6 percent of the federal poverty level, as defined in 42
7 U.S.C. 9902(2), including any revision required by
8 such section.
9 Sec. 10. Section 514I.10, Code 1999, is amended to
10 read as follows:
11 514I.10 COST SHARING.
12 1. Cost sharing for eligible children whose family
13 adjusted gross income is at or below one hundred fifty
14 percent of the federal poverty level shall not exceed
15 the standards permitted under 42 U.S.C.
16 1396(o)(a)(3) or 1396(o)(b)(1).
17 2. Cost sharing for eligible children whose family
18 adjusted gross income is between one hundred fifty
19 percent and one two hundred eighty-five percent of the
20 federal poverty level shall include a premium or
21 copayment amount which is at least a minimum amount

22 but which does not exceed five percent of the annual
23 family adjusted gross income. The amount of the
24 premium or the copayment amount shall be based on a
25 sliding fee scale established by rule which is based
26 on family adjusted gross income and the size of the
27 family.
28 Sec. 11. EMERGENCY RULES. If specifically
29 authorized by a provision of this Act, the department
30 of human services may adopt administrative rules under
31 section 17A.4, subsection 2, and section 17A.5,
32 subsection 2, paragraph "b", to implement the
33 provisions and the rules shall become effective
34 immediately upon filing, unless the effective date is
35 delayed by the administrative rules review committee,
36 notwithstanding section 17A.4, subsection 5, and
37 section 17A.8, subsection 9, or a later effective date
38 is specified in the rules. Any rules adopted in
39 accordance with the provisions of this section shall
40 also be published as notice of intended action as
41 provided in section 17A.4.
42 Sec. 12. EFFECTIVE DATE - RETROACTIVE
43 APPLICABILITY. Section 2 of this Act, relating to
44 appropriation of funding for the appropriation of
45 funds to the Iowa department of public health for a
46 tobacco use prevention and control program, being
47 deemed of immediate importance, takes effect upon
48 enactment and is retroactively applicable to April 1,
49 2000."
50 2. Title page, line 2, by inserting after the

Page 11

1 word "fund" the following: "providing an effective
2 date, and providing for retroactive applicability".

Murphy of Dubuque offered the following amendment H(8932, to
amendment H(8930, filed by him from the floor and moved its
adoption:

H-8932

1 Amend the amendment, H-8930, to House File 2555 as
2 follows:
3 1. Page 1, line 33, by striking the word
4 "audited" and inserting the following: "negotiated".
5 2. Page 1, line 43, by striking the word
6 "audited" and inserting the following: "negotiated".
7 3. Page 1, line 49, by striking the word
8 "audited" and inserting the following: "negotiated".
9 4. Page 2, by striking lines 29 and 30, and
10 inserting the following: "service providers under the

11 purview of the department of human services, with the
12 exception of family support subsidy providers, by up
13 to 1 percent over the rates in".
14 5. By renumbering as necessary.

Amendment H(8932 was adopted.

Murphy of Dubuque offered the following amendment H(8933, to
amendment H(8930, filed by him from the floor and moved its
adoption:

H-8933

1 Amend the amendment, H-8930, to House File 2555 as
2 follows:
3 1. Page 2, by striking lines 48 through 50.

Amendment H(8933 was adopted.

Carroll of Poweshiek offered the following amendment H(8941, to
amendment H(8930, filed by him from the floor and moved its
adoption:

H-8941

1 Amend the amendment, H-8930 to House File 2555 as
2 follows:
3 1. Page 10, line 41, by inserting after the
4 figure "17A.4" the following: "no later than June 14,
5 2000".
6 2. Page 10, line 49, by inserting after the
7 figure "2000." the following: "Section 11 of this
8 Act, being deemed of immediate importance, takes
9 effect upon enactment."

Amendment H(8941 was adopted.

Carroll of Poweshiek asked and received unanimous consent to
withdraw amendment H-8940, to amendment H-8930, filed by him
from the floor.

The House stood at ease at 3:59 p.m., until the fall of the gavel.

The House resumed session at 4:07 p.m., Speaker pro tempore
Sukup in the chair.


Blodgett of Cerro Gordo offered the following amendment H(8945,
to amendment H(8930, filed by him from the floor and moved its
adoption:

H-8945

1 Amend the amendment, H-8930, to House File 2555 as
2 follows:
3 1. Page 2, by striking lines 37 through 41 and
4 inserting the following:
5 "The department of human services shall conduct a
6 review of reimbursement rates and the reimbursement
7 methodology for providers of dental services,
8 including the feasibility of changing from a system
9 that is based upon a percentage of the usual,
10 customary, and reasonable rates to one that is
11 percentile-based, and shall submit a report of its
12 findings to the governor and the general assembly on
13 or before December 1, 2000."

Amendment H(8945 was adopted.

On motion by Heaton of Henry amendment H(8930, as amended,
was adopted, placing amendment H-8778 filed by Metcalf of Polk on
April 6, 2000, out of order.

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

On the question "Shall the bill pass?" (H.F. 2555)

The ayes were, 100:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Chiodo
Cohoon Connors Cormack Davis
Dix Doderer Dolecheck Dotzler
Drake Drees Eddie Falck
Fallon Foege Ford Frevert
Garman Gipp Greimann Greiner
Grundberg Hahn Hansen Heaton
Hoffman Holmes Holveck 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 Siegrist, Spkr. Stevens Sunderbruch
Taylor, D. Taylor, T. Teig Thomas
Thomson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Sukup,
Presiding

 


The nays were, none.

Absent or not voting, none.

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

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 18, 2000, adopted the following resolution in which the concurrence of the Senate
was asked:

House Concurrent Resolution 115, a concurrent resolution urging citizen
participation in and cooperation with the conducting of the year 2000 census.

Also: That the Senate has on April 18, 2000, adopted the following resolution in
which the concurrence of the Senate was asked:

House Concurrent Resolution 121, a concurrent resolution to urge and petition the
United States Department of Agriculture to make lands which are under the
conservation reserve program eligible for grazing by livestock.

Also: That the Senate has on April 18, 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 2429, a bill for an act relating to and making appropriations to the
department for the blind, the Iowa state civil rights commission, the department of
elder affairs, the Iowa department of public health, the department of human rights,
the governor's alliance on substance abuse, and the commission of veterans affairs, and
providing effective dates and retroactive applicability provisions.


Also: That the Senate has on April 18, 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 2430, a bill for an act relating to and making appropriations for
agriculture and natural resources and providing effective dates.

MICHAEL E. MARSHALL, Secretary

INTRODUCTION OF BILL

House File 2577, by committee on ways and means, a bill for an
act relating to public improvements and providing financial
assistance to communities and school districts by creating a school
infrastructure program and fund, continuing the community
attraction and tourism program and fund, creating a vision Iowa
board, creating a vision Iowa program and fund, providing bonding
authority to the treasurer of state, and exempting certain income
from taxation.

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

SENATE MESSAGES CONSIDERED

Senate File 2441, by committee on ways and means, a bill for an
act relating to the transferability of the investment tax credit under
the new jobs and income program and including an effective date and
applicability provision.

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

Senate File 2454, by Iverson and Gronstal, a bill for an act
relating to the designation of a "Bill of Rights Day".

Read first time and referred to committee on state government.

Speaker Siegrist in the chair at 4:37 p.m.

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 2378 and 2555.

SENATE AMENDMENT CONSIDERED

Hansen of Pottawattamie called up for consideration House File
2496, a bill for an act providing supplementary weighting for
determining enrollment in school districts involved in district-to-
district or district-to-community-college sharing programs, and at-
risk programs, and providing an effective date, amended by the
Senate amendment H-8905 as follows:

H-8905

1 Amend House File 2496, as passed by the House, as
2 follows:
3 1. By striking page 6, line 2 through page 7,
4 line 22, and inserting the following:
5 "4. AT-RISK PROGRAMS AND ALTERNATIVE SCHOOLS.
6 a. In order to provide additional funding to
7 school districts for programs serving at-risk pupils
8 and alternative school pupils in secondary schools, a
9 supplementary weighting plan for at-risk pupils is
10 adopted. A supplementary weighting of four hundred
11 sixty-nine one-hundred-thousandths per pupil shall be
12 assigned to the percentage of pupils in a school
13 district enrolled in grades one through six, as
14 reported by the school district on the basic
15 educational data survey for the base year, who are
16 eligible for free and reduced price meals under the
17 federal National School Lunch Act and the federal
18 Child Nutrition Act of 1966, 42 U.S.C. 1751-1785,
19 multiplied by the budget enrollment in the school
20 district; and a supplementary weighting of one hundred
21 fifty-two one-hundred-thousandths per pupil shall be
22 assigned to pupils included in the budget enrollment
23 of the school district. Amounts received as
24 supplementary weighting for at-risk pupils shall be
25 utilized by a school district to develop or maintain
26 at-risk pupils' programs, which may include
27 alternative school programs.
28 b. Notwithstanding paragraph "a", a school
29 district which received supplementary weighting for an
30 alternative high school program for the school budget
31 year beginning July 1, 1999, shall receive an amount
32 of supplementary weighting for the next three school
33 budget years as follows:
34 (1) For the budget year beginning July 1, 2000,
35 the greater of the amount of supplementary weighting
36 determined pursuant to paragraph "a", or sixty-five
37 percent of the amount received for the budget year
38 beginning July 1, 1999.
39 (2) For the budget year beginning July 1, 2001,

40 the greater of the amount of supplementary weighting
41 determined pursuant to paragraph "a", or forty percent
42 of the amount received for the budget year beginning
43 July 1, 1999.
44 (3) For the budget year beginning July 1, 2002,
45 and succeeding budget years, the amount of
46 supplementary weighting determined pursuant to
47 paragraph "a".
48 For the purposes of this paragraph "b", the amount
49 received for the budget year beginning July 1, 1999,
50 shall be adjusted according to the provisions of

Page 2

1 section 257.6 based upon reports filed under section
2 11.6. The adjusted amount shall be used as the basis
3 for any guarantees or reductions.
4 If a school district receives an amount pursuant to
5 this paragraph "b" which exceeds the amount the
6 district would otherwise have received pursuant to
7 paragraph "a", the department of management shall
8 annually determine the amount of the excess that would
9 have been state aid and the amount that would have
10 been property tax if the school district had generated
11 that amount pursuant to paragraph "a", and shall
12 include the amounts in the state aid payments and
13 property tax levies of school districts. The
14 department of management shall recalculate the
15 supplementary weighting amount received each year to
16 reflect the amount of the reduction in funding from
17 one budget year to the next pursuant to subparagraphs
18 (1) through (3). It is the intent of the general
19 assembly that when weights are recalculated under this
20 subsection, the total amounts generated by each weight
21 shall be approximately equal.
22 c. If the amount to be received under paragraph
23 "a" or "b" by a school district or a consortium of
24 school districts is less than fifty thousand dollars
25 and the school district or consortium received funds
26 under section 279.51, subsection 1, paragraph "c" or
27 "e", Code 1999, for school-based youth services during
28 the budget year beginning July 1, 1999, such school
29 district or consortium shall receive a total amount
30 under this subsection of fifty thousand dollars for
31 each of the budget years beginning July 1, 2000, and
32 July 1, 2001. The department of management shall
33 adjust the supplementary weighting of a school
34 district or the school district acting as the fiscal
35 agent for a consortium eligible under this paragraph
36 in a manner to assure that the district or the
37 consortium receives the total sum of fifty thousand
38 dollars as guaranteed in this paragraph. If the

39 consortium elects not to continue a school based youth
40 service program, the funds shall be distributed
41 equally to the school districts in the consortium.
42 This paragraph is repealed effective July 1, 2002, for
43 budget years beginning on or after that date. To the
44 extent possible, the total amount of moneys generated
45 by the enactment of this subsection, including this
46 paragraph, shall be equivalent to the amount generated
47 under this subsection without the inclusion of this
48 paragraph. The department of management shall adjust
49 the weighting assigned in this subsection to reflect
50 this intent."

Page 3

1 2. Page 7, line 33, by inserting after the word
2 "section." the following: "A pupil attending an
3 alternative program or an at-risk pupils' program,
4 including alternative high school programs, is not
5 eligible for supplementary weighting under subsection
6 2."
7 3. Page 7, by inserting after line 33 the
8 following:
9 "7. SCHOOL FINANCE APPROPRIATIONS REPORT. The
10 department of education shall annually prepare a
11 report regarding school finance provisions or programs
12 receiving a standing appropriation, including
13 supplementary weighting programs. The report shall
14 provide information regarding amounts received or
15 accessed by school districts pursuant to the
16 provisions or programs, whether the amounts received
17 represent an increase or decrease over amounts
18 received during the previous budget year and the
19 percentage increase or decrease, conclusions regarding
20 the adequacy of amounts received by school districts
21 and whether the amounts received are equitable between
22 school districts based upon input from the school
23 districts and analysis by the department, and the
24 rationale for current trends being observed by the
25 department and projections regarding possible trends
26 in the future. The report shall be submitted to the
27 general assembly by January 1 each year, and copies of
28 the report shall be forwarded to the chairpersons and
29 members of the committee on education in the senate
30 and in the house of representatives."
31 4. Page 7, by inserting before line 34 the
32 following:
33 "Sec. . Section 279.51, subsection 1,
34 unnumbered paragraph 1, Code Supplement 1999, is
35 amended to read as follows:
36 There is appropriated from the general fund of the
37 state to the department of education for the fiscal

38 year beginning July 1, 1998 2000, and each succeeding
39 fiscal year, the sum of fifteen twelve million three
40 five hundred sixty thousand dollars.
41 Sec. . Section 279.51, subsection 1, paragraphs
42 c and e, Code Supplement 1999, are amended by striking
43 the paragraphs.
44 Sec. . Section 279.51, subsection 3, Code
45 Supplement 1999, is amended by striking the
46 subsection."
47 5. By renumbering, relettering, or redesignating
48 and correcting internal references as necessary.

Wise of Lee asked and received unanimous consent to withdraw
amendment H-8919, to the Senate amendment H-8905, filed by him
on April 17, 2000.

Millage of Scott offered the following amendment H(8925, to the
Senate amendment H(8905, filed by him from the floor and moved its
adoption:

H-8925

1 Amend the Senate amendment, H-8905, to House File
2 2496, as passed by the House, as follows:
3 1. Page 1, by striking lines 10 and 11 and
4 inserting the following: "adopted. A supplementary
5 weighting of forty-eight ten-thousandths per pupil
6 shall be".
7 2. Page 1, by striking line 21 and inserting the
8 following: "fifty-six one-hundred-thousandths per
9 pupil shall be".
10 3. By striking page 1, line 48 through page 2,
11 line 3.

Amendment H(8925 was adopted.

Hansen of Pottawattamie moved that the House concur in the
Senate amendment H-8905, as amended.

Carroll of Poweshiek in the chair at 5:05 p.m.

Roll call was requested by Weigel of Chickasaw and Speaker
Siegrist.

On the question "Shall the House concur in the Senate amendment
H-8905, as amended?" (H.F. 2496)


The ayes were, 54:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Cormack
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
Siegrist, Spkr. Sukup Sunderbruch Teig
Thomson Tyrrell Van Engelenhoven Weidman
Welter Carroll,
Presiding

 


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

 


Absent or not voting, 1:
Van Fossen

 


The motion prevailed and the House concurred in the Senate
amendment H-8905, as amended.

Hansen of Pottawattamie 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. 2496)


The ayes were, 98:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Cataldo Chiodo Cohoon
Connors Cormack Davis Dix
Doderer Dolecheck Dotzler Drake
Drees Eddie Fallon Foege
Ford Frevert 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 Siegrist, Spkr.
Stevens Sukup Sunderbruch Taylor, D.
Taylor, T. Teig Thomas Thomson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Weigel Welter Whitead
Witt Carroll,
Presiding

 


The nays were, 2:
Wise

 


Absent or not voting, none.

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

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 2496 be immediately messaged to the Senate.

HOUSE REFUSED TO CONCUR

Nelson-Forbes of Marshall called up for consideration Senate File
2429, a bill for an act relating to and making appropriations to the
department for the blind, the Iowa state civil rights commission, the
department of elder affairs, the Iowa department of public health, the

department of human rights, the governor's alliance on substance
abuse, and the commission of veterans affairs, and providing effective
dates and retroactive applicability provisions, amended by the House,
further amended by the Senate and moved that the House concur in
the following Senate amendment H-8943 to the House amendment:

H-8943

1 Amend the House amendment, S-5415, to Senate File
2 2429, as passed by the Senate, as follows:
3 1. Page 1, by inserting after line 40 the
4 following:
5 " ___. Page 16, line 23, by striking the figure
6 "1,290,000" and inserting the following:
7 "1,210,000"."
8 2. Page 1, by inserting after line 44 the
9 following:
10 " ___. Page 16, by inserting after line 32 the
11 following:
12 "4A. Of the funds appropriated in subsection 1,
13 $80,000 is allocated as follows:
14 a. Not more than $50,000 shall be used to
15 supplement amounts otherwise budgeted for the
16 childhood lead poisoning prevention program.
17 b. Remaining moneys allocated in this subsection
18 shall be used for costs associated with the child
19 fatality review committee provisions under section
20 135.43, as enacted by 2000 Iowa Acts, House File 2377,
21 the expansion of the age range for child death case
22 review provisions as enacted under 2000 Iowa Acts,
23 House File 2365, and the Iowa domestic abuse death
24 review team provisions as enacted under 2000 Iowa
25 Acts, House File 2362." "
26 3. By striking page 1, line 45 through page 2,
27 line 17 and inserting the following:
28 " ___. Page 17, by inserting after line 5 the
29 following:
30 "Sec. ___. HORSE ASSOCIATIONS - GAMBLING
31 TREATMENT PROGRAM. For the fiscal year beginning July
32 1, 2000, and ending June 30, 2001, an amount of the
33 tax revenue received by the state racing and gaming
34 commission pursuant to section 99D.15, subsections 1,
35 3, and 4, equal to three-tenths of one percent of the
36 gross sum wagered by the pari-mutuel method is
37 appropriated to the department of agriculture and land
38 stewardship. Amounts appropriated pursuant to this
39 section shall be allocated to the Iowa quarter horse
40 racing association, the Iowa thoroughbred breeders and
41 owners association, and the Iowa harness horse
42 association in an amount based upon each association's
43 percentage of total foals delivered during 2000 and

44 shall be used to increase and enhance awareness of
45 pari-mutuel horse racing events and opportunities in
46 the state. Activities funded under this section may
47 include but are not limited to raising public
48 awareness of the social problems created by addictive
49 gaming behavior. Moneys appropriated in this section
50 that remain unencumbered or unobligated at the close

Page 2

1 of the fiscal year shall not revert but shall remain
2 available for expenditure for the purpose designated
3 in the succeeding fiscal year." "
4 4. By renumbering, relettering, or redesignating
5 and correcting internal references as necessary.

The motion lost and the House refused to concur in the Senate
amendment H-8943, to the House amendment.

SENATE AMENDMENT CONSIDERED

Greiner of Washington called up for consideration Senate File
2430, a bill for an act relating to and making appropriations for agri-
culture and natural resources and providing effective dates, amended
by the House, further amended by the Senate and moved that the
House concur in the following Senate amendment H-8944 to the
House amendment:

H-8944

1 Amend the House amendment, S-5431, to Senate File
2 2430, as amended, passed, and reprinted by the Senate,
3 as follows:
4 1. Page 1, by inserting after line 2 the
5 following:
6 " ___. Page 1, line 14, by striking the figure
7 "2,251,660" and inserting the following:
8 "2,301,660"."
9 2. Page 1, by striking lines 3 and 4.
10 3. Page 2, by striking lines 31 through 48.
11 4. Page 3, line 46, by striking the words "ten
12 fifteen" and inserting the following: "ten".
13 5. Page 4, by striking lines 16 through 27.
14 6. By striking page 5, line 43 through page 6,
15 line 2.
16 7. Page 6, by striking lines 3 through 7.
17 8. By renumbering as necessary.


The motion prevailed and the House concurred in the Senate
amendment H-8944, to the House amendment.

Greiner of Washington 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 prevailed and the bill was read a last time.

On the question "Shall the bill pass?" (S.F. 2430)

The ayes were, 73:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Cohoon
Connors Cormack Davis Dix
Doderer Dolecheck Drake Eddie
Foege Ford Garman Gipp
Greiner Grundberg Hahn Hansen
Heaton Hoffman Holmes Holveck
Horbach Houser Huseman Jacobs
Jager Jenkins Johnson Kettering
Klemme Larkin Larson Lord
Martin Metcalf Millage Myers
Nelson-Forbes Raecker Rants Rayhons
Reynolds Richardson Schrader Shey
Shoultz Siegrist, Spkr. Sukup Sunderbruch
Taylor, D. Taylor, T. Teig Thomson
Tyrrell Van Engelenhoven Van Fossen Weidman
Weigel Welter Wise Witt
Carroll,
Presiding

 


The nays were, 27:
Bell Bukta Cataldo Chiodo
Dotzler Drees Falck Fallon
Frevert Greimann Huser Jochum
Kreiman Kuhn Mascher May
Mertz Mundie Murphy O'Brien
Osterhaus Parmenter Scherrman Stevens
Thomas Warnstadt Whitead

 


Absent or not voting, none.

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


IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: Senate
Files 2429 and 2430.

EXPLANATION OF VOTE

I was necessarily absent from the House chamber on Thursday,
April 13, 2000. Had I been present, I would have voted "nay" on
amendment H-8695 to Senate File 2428, and "nay" on amendment H-
8696 to Senate File 2428.

BOAL of Polk

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 18th day of April, 2000: House Files 2135, 2153,
2424, 2485 and 2521.

ELIZABETH A. ISAACSON
Chief Clerk of the House

Report adopted.

BILL SIGNED BY THE GOVERNOR

A communication was received from the Governor announcing that
on April 18, 2000, he approved and transmitted to the Secretary of
State the following bill:

House File 2391, an act establishing a criminal offense relating to theft detection
shielding devices and theft detection devices and providing a penalty.

PRESENTATION OF VISITORS

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

Ten students from the Job Corp Training Center, Denison,
accompanied by Ike Johnson. By Hoffman of Crawford.

Fifty-one fifth grade students from Monroe Elementary School,
Monroe. By Schrader of Marion.

SUBCOMMITTEE ASSIGNMENTS

House File 2576

Appropriations: Horbach, Chair; Cormack, Dix, Falck and Wise.

Senate File 2448

Appropriations: Jacobs, Chair; Hansen and Mertz.

COMMITTEE RECOMMENDATION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation has been received and
is on file in the office of the Chief Clerk.

ELIZABETH A. ISAACSON
Chief Clerk of the House

COMMITTEE ON APPROPRIATIONS

House File 2576, a bill for an act providing a death benefit for certain volunteer
emergency services providers killed in the line of duty and providing a standing
appropriation.

Fiscal Note is not required.

Recommended Do Pass April 18, 2000.

RESOLUTION FILED

HR 123, by Mascher, Foege, Myers, and Brauns, a resolution
honoring Representative Minnette Doderer.

Laid over under Rule 25.

AMENDMENTS FILED

H-8921 H.F. 2530 Jenkins of Black Hawk


H-8923 H.F. 2576 Baudler of Adair
Garman of Story
Cormack of Webster
H-8924 H.F. 2530 Wise of Lee
Jenkins of Black Hawk
H-8927 H.F. 2576 Martin of Scott
H-8928 H.F. 2530 Hoffman of Crawford
H-8929 H.F. 2530 Witt of Black Hawk
H-8934 H.F. 2530 Chiodo of Polk
H-8935 H.F. 2530 Chiodo of Polk
H-8936 H.F. 2530 Chiodo of Polk
H-8937 H.F. 2530 Chiodo of Polk
H-8939 H.F. 2008 Senate Amendment
H-8942 H.F. 2559 Warnstadt of Woodbury
H-8946 H.F. 2560 Reynolds of Van Buren
H-8947 H.F. 2530 Murphy of Dubuque
H-8948 S.F. 2447 Hoffman of Crawford

On motion by Rants of Woodbury the House adjourned at 5:58
p.m., until 8:45 a.m., Wednesday, April 19, 2000.


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