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House Journal: Tuesday, May 1, 2001

JOURNAL OF THE HOUSE

One Hundred Fourteenth Calendar Day - Seventy-ninth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, May 1, 2001

The House met pursuant to adjournment at 8:53 a.m., Speaker
Siegrist in the chair.

Prayer was offered by the Honorable Mike O’Brien, state
representative from Boone County.

The Journal of Monday, April 30, 2001 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 30, 2001, 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 590, a bill for an act relating to the testing of individuals and the release
of the results of tests for communicable and infectious diseases and for the human
immunodeficiency virus and making penalties applicable.

Also: That the Senate has on April 30, 2001, passed the following bill in which the
concurrence of the Senate was asked:

House File 643, a bill for an act providing statutory revisions relating to the
department of education, school districts, and the kindergarten through grade twelve
educational program.

Also: That the Senate has on April 30, 2001, passed the following bill in which the
concurrence of the Senate was asked:

House File 722, a bill for an act relating to tonnage fees and moneys in the solid
waste account of the groundwater protection fund, and providing an effective date.

Also: That the Senate has on April 30, 2001, passed the following bill in which the
concurrence of the Senate was asked:

House File 733, a bill for an act relating to the Iowa individual health benefit
reinsurance association and the Iowa comprehensive health insurance association, by
changing the board of directors, membership, and assessment related to the
associations, and making changes related to adjustments in the coverage of basic and
standard health benefit plans.


Also: That the Senate has on April 30, 2001, refused to concur in the House
amendment and passed the following bill in which the concurrence of the Senate was
asked:

Senate File 470, a bill for an act relating to the regulation of infectious and
contagious diseases in animals, and providing for penalties.

Also: That the Senate has on April 30, 2001, 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 532, a bill for an act relating to matters related to the tobacco
settlement including the tobacco settlement authority, the tobacco settlement trust
fund, and the tobacco settlement endowment fund, and providing an effective date.

Also: That the Senate has on April 30, 2001, adopted the following resolution in
which the concurrence of the House is asked:

Senate Concurrent Resolution 18, a concurrent resolution honoring Brigadier
General John A. Tymeson upon the occasion of his retirement.

Also: That the Senate has on April 30, 2001, adopted the following resolution in
which the concurrence of the House is asked:

Senate Concurrent Resolution 27, a concurrent resolution urging Iowa's
congressional delegation to support a federal appropriation to implement the Teaching
America's History program.

MICHAEL E. MARSHALL, Secretary

CONSIDERATION OF BILLS
Ways and Means Calendar

House File 723, a bill for an act exempting irrigation equipment
from sales and use taxes, providing limited refunds, and including
effective and retroactive applicability date provisions, was taken up
for consideration.

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

On the question “Shall the bill pass?” (H.F. 723)

The ayes were, 94:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors Cormack De Boef Dix
Dolecheck Dotzler Drake Eddie
Eichhorn Elgin Falck Fallon
Finch Foege Frevert Garman
Gipp Greimann Grundberg Hahn
Hansen Hatch Heaton Hoffman
Horbach Houser Hoversten Huseman
Huser Jacobs Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lensing
Manternach Mascher May Mertz
Metcalf Millage Murphy Myers
O'Brien Osterhaus Petersen Quirk
Raecker Rants Rayhons Rekow
Reynolds Richardson Roberts Scherrman
Schrader Seng Sievers Smith
Stevens Sukup Taylor, D. Taylor, T.
Teig Tremmel Tymeson Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Winckler Wise Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 4:
Broers Ford Shey Shoultz

 


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

House File 724, a bill for an act relating to the allocation of
special fees collected from the sale of Iowa heritage license plates,
was taken up for consideration.

Speaker pro tempore Sukup in the chair at 9:11 a.m.

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

On the question “Shall the bill pass?” (H.F. 724)


The ayes were, 96:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Chiodo Cohoon
Connors Cormack De Boef Dix
Dolecheck Dotzler Drake Eddie
Eichhorn Elgin Falck Fallon
Finch Foege Frevert Garman
Gipp Greimann Grundberg Hahn
Hansen Hatch Heaton Hoffman
Horbach Houser Hoversten Huseman
Huser Jacobs Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lensing
Manternach Mascher May Mertz
Metcalf Millage Murphy Myers
O'Brien Osterhaus Petersen Quirk
Raecker Rants Rayhons Rekow
Reynolds Richardson Roberts Scherrman
Schrader Seng Siegrist, Spkr. Sievers
Smith Stevens Taylor, D. Taylor, T.
Teig Tremmel Tymeson Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Winckler Wise Witt Sukup,
Presiding

 


The nays were, none.

Absent or not voting, 4:
Broers Ford Shey Shoultz

 


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

House File 743, a bill for an act providing for fees for the
remediation of sites evidencing contamination from a release of
fertilizers and soil conditioners or pesticides, and providing an
effective date, was taken up for consideration.

Teig of Hamilton 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. 743)


The ayes were, 96:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Bukta Carroll Chiodo Cohoon
Connors Cormack De Boef Dix
Dolecheck Dotzler Drake Eddie
Eichhorn Elgin Falck Fallon
Finch Foege Ford Frevert
Garman Gipp Greimann Grundberg
Hahn Hansen Hatch Heaton
Hoffman Horbach Houser Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Myers
O'Brien Osterhaus Petersen Quirk
Raecker Rants Rayhons Rekow
Reynolds Richardson Roberts Scherrman
Schrader Seng Siegrist, Spkr. Sievers
Smith Stevens Taylor, D. Taylor, T.
Teig Tremmel Tymeson Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Winckler Wise Witt Sukup,
Presiding

 


The nays were, 1:
Murphy

 


Absent or not voting, 3:
Brunkhorst Shey Shoultz

 


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

INTRODUCTION OF BILL

House File 750, by Foege, a bill for an act creating a children's
mental health initiative.

Read first time and referred to committee on human resources.


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 30, 2001, amended and passed the following bill in which the concurrence of the
House is asked:

House File 719, 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, and providing an effective date.

MICHAEL E. MARSHALL, Secretary

IMMEDIATE MESSAGE

Jacobs of Polk asked and received unanimous consent that House
File 724 be immediately messaged to the Senate.

The House stood at ease at 9:39 a.m., until the fall of the gavel.

The House resumed session at 11:07 a.m., Speaker pro tempore
Sukup in the chair.

MESSAGE FROM THE SENATE

The following message was received from the Senate:

Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 30, 2001, amended and passed the following bill in which the concurrence of the
House is asked:

House File 579, a bill for an act relating to the administration and management of
the department of personnel.

MICHAEL E. MARSHALL, Secretary

House File 720, a bill for an act relating to the taking of fish and
game by increasing fees for nonresident hunting, fishing, fur
harvesting, and related licenses, providing for additional licenses and
fees, and providing effective and applicability dates, was taken up for
consideration.


Rayhons of Hancock asked and received unanimous consent to
withdraw amendment H-1792 filed by him on April 30, 2001.

Reynolds of Van Buren asked and received unanimous consent to
withdraw amendment H-1760 filed by her on April 30, 2001.

Sievers 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?” (H.F. 720)

The ayes were, 70:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Brunkhorst Bukta
Carroll De Boef Dix Dotzler
Drake Eddie Eichhorn Elgin
Fallon Finch Frevert Garman
Gipp Hahn Hansen Heaton
Hoffman Houser Huseman Huser
Jacobs Jenkins Jochum Johnson
Kettering Klemme Kreiman Kuhn
Larson Lensing Mascher May
Mertz Metcalf Millage Myers
O'Brien Osterhaus Raecker Rants
Rekow Reynolds Roberts Scherrman
Shey Siegrist, Spkr. Sievers Smith
Stevens Teig Tymeson Tyrrell
Van Engelenhoven Van Fossen Weidman Winckler
Witt Sukup,
Presiding

 


The nays were, 28:
Atteberry Bell Chiodo Cohoon
Connors Cormack Dolecheck Falck
Foege Ford Greimann Hatch
Horbach Hoversten Larkin Manternach
Murphy Petersen Quirk Rayhons
Richardson Schrader Seng Taylor, D.
Taylor, T. Tremmel Warnstadt Wise

 


Absent or not voting, 2:
Grundberg Shoultz

 



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

House File 735, a bill for an act relating to the regulatory
authority and procedures of the department of natural resources by
providing for the issuance of limited quota licenses and the issuance
of licenses and permits by electronic means, was taken up for
consideration.

SENATE FILE 407 SUBSTITUTED FOR HOUSE FILE 735

Teig of Hamilton asked and received unanimous consent to
substitute Senate File 407 for House File 735.

Senate File 407, a bill for an act relating to the regulatory
authority and procedures of the department of natural resources by
providing for the issuance of limited quota licenses and the issuance
of licenses and permits by electronic means, was taken up for
consideration.

Teig of Hamilton 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. 407)

The ayes were, 98:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Falck
Fallon Finch Foege Ford
Frevert Garman Gipp Greimann
Hahn Hansen Hatch Heaton
Hoffman Horbach Houser Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
Rekow Reynolds Richardson Roberts
Scherrman Schrader Seng Shey
Siegrist, Spkr. Sievers Smith Stevens
Taylor, D. Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Winckler Wise
Witt Sukup,
Presiding

 


The nays were, none.

Absent or not voting, 2:
Grundberg Shoultz

 


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

HOUSE FILE 735 WITHDRAWN

Teig of Hamilton asked and received unanimous consent to
withdraw House File 735 from further consideration by the House.

SPECIAL PRESENTATION

Connors of Polk introduced to the House the Honorable former
Lieutenant Governor Bob Anderson who introduced several lawyers
and journalists from Africa who were visiting Iowa.

The House rose and expressed its welcome.

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
File 720 and Senate File 407.

MOTION TO RECONSIDER WITHDRAWN
(Senate File 528)

Rants of Woodbury asked and received unanimous consent to
withdraw the motion to reconsider Senate File 528, a bill for an act
relating to and making transportation and other infrastructure-

related appropriations to the state department of transportation,
including allocation and use of moneys from the general fund of the
state, road use tax fund, and primary road fund, providing for the
nonreversion of certain moneys, and discontinuing driver's license
renewal by mail, filed by him on April 26, 2001.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
Senate File 528 be immediately messaged to the Senate.

Speaker Siegrist in the chair at 11:43 a.m.

SENATE AMENDMENT CONSIDERED

Boggess of Page called up for consideration House File 718, a bill
for an act appropriating funds to the department of economic
development, certain board of regents institutions, the department of
workforce development, and the public employment relations board,
making related statutory changes, and providing effective dates,
amended by the Senate amendment H-1714 as follows:

H-1714

1 Amend House File 718, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, line 10, by striking the figure
4 "235,000", and inserting the following: "285,000".
5 2. Page 1, line 16, by striking the figure
6 "1,649,126", and inserting the following:
7 "1,699,126".
8 3. Page 1, by inserting after line 17 the
9 following:
10 "Of the moneys allocated for the world food prize,
11 $50,000 shall be allocated for purposes of the world
12 food prize youth institute."
13 4. Page 2, line 1, by striking the figure
14 "4,487,342" and inserting the following: "4,437,342".
15 5. Page 17, by inserting after line 7, the
16 following:
17 "Sec. . Section 90A.12, subsection 1, Code
18 2001, is amended to read as follows:
19 1. A person age thirty-three years or older shall
20 not participate as a contestant in an organized
21 amateur boxing contest unless each contestant
22 participating in the contest is age thirty-three years

23 or older meets the age requirements of USA boxing
24 incorporated, or its successor organization. A birth
25 certificate, or similar document validating the
26 contestant's date of birth, must be submitted at the
27 time of the prefight physical examination in order to
28 determine eligibility."
29 6. Page 17, by inserting after line 7 the
30 following:
31 "Sec. ___. Section 260F.6, Code 2001, is amended
32 by adding the following new subsection:
33 NEW SUBSECTION. 3. Notwithstanding the
34 requirements of this section, moneys in the job
35 training fund may be used by a community college to
36 conduct entrepreneur development and support
37 activities."
38 7. By renumbering as necessary.

Warnstadt of Woodbury asked and received unanimous consent to
withdraw amendment H-1770, to the Senate amendment H-1714,
filed by him on April 30, 2001.

On motion by Boggess of Page the House concurred in the Senate
amendment H-1714.

Boggess of Page 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. 718)

The ayes were, 55:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Brunkhorst Carroll
Connors De Boef Dix Dolecheck
Drake Eddie Eichhorn Elgin
Finch Gipp Hahn Hansen
Heaton Hoffman Horbach Houser
Hoversten Huseman Jacobs Jenkins
Johnson Kettering Klemme Kreiman
Larson Manternach Metcalf Millage
Raecker Rants Rayhons Rekow
Roberts Shey Sievers Sukup
Teig Tymeson Tyrrell Van Engelenhoven
Van Fossen Weidman Mr. Speaker
Siegrist
The nays were, 43:

 

Atteberry
Bell Bukta Chiodo

Cohoon
Cormack Dotzler Falck

Fallon
Foege Ford Frevert

Garman
Greimann Hatch Huser

Jochum
Kuhn Larkin Lensing

Mascher
May Mertz Murphy

Myers
O'Brien Osterhaus Petersen

Quirk
Reynolds Richardson Scherrman

Schrader
Seng Smith Stevens

Taylor, D.
Taylor, T. Tremmel Warnstadt

Winckler
Wise Witt


 


Absent or not voting, 2:
Grundberg Shoultz

 

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

On motion by Rants of Woodbury, the House was recessed at
11:51 a.m., until 2:00 p.m.

AFTERNOON SESSION

The House reconvened at 2:41 p.m., Speaker Siegrist in the chair.

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-six members present,
twenty-four absent.

CONSIDERATION OF BILLS
Appropriations Calendar

House File 742, a bill for an act relating to and making
appropriations from the rebuild Iowa infrastructure fund to state
departments and agencies, including the department of corrections,
the department of cultural affairs, the department of economic
development, the department of general services, the Iowa state fair
foundation, the legislative council, the department of natural
resources, the department of public defense, the department of public
safety, the state board of regents, the state department of

transportation, and the office of treasurer of state, and making
appropriations from the environment first fund for environmental
purposes to the department of agriculture and land stewardship, the
department of economic development, the department of natural
resources, the state department of transportation, and the Iowa
resources enhancement and protection fund, making related
statutory changes, and providing effective dates, was taken up for
consideration.

Warnstadt of Woodbury offered the following amendment H(1820
filed by him from the floor and moved its adoption:

H-1820

1 Amend House File 742 as follows:
2 1. By striking everything after the enacting
3 clause, and inserting the following:
4 "DIVISION I
5 REBUILD IOWA INFRASTRUCTURE FUND
6 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
7 Section 1. There is appropriated from the rebuild
8 Iowa infrastructure fund to the department of
9 agriculture and land stewardship for the fiscal year
10 beginning July 1, 2001, and ending June 30, 2002, the
11 following amount, or so much thereof as is necessary,
12 to be used for the purpose designated:
13 To provide financial assistance for the
14 establishment of permanent soil and water conservation
15 practices, notwithstanding section 8.57, subsection 5,
16 paragraph "c":
17 $ 5,500,000
18 1. Not more than 5 percent of the moneys
19 appropriated in this section may be allocated for
20 cost-sharing to abate complaints filed under section
21 161A.47.
22 2. Of the moneys appropriated in this section, 5
23 percent shall be allocated for financial incentives to
24 establish practices to protect watersheds above
25 publicly owned lakes of the state from soil erosion
26 and sediment as provided in section 161A.73.
27 3. Not more than 30 percent of a district's
28 allocation of moneys as financial incentives may be
29 provided for the purpose of establishing management
30 practices to control soil erosion on land that is row-
31 cropped, including but not limited to no-till
32 planting, ridge-till planting, contouring, and contour
33 strip-cropping as provided in section 161A.73.
34 4. The state soil conservation committee created
35 in section 161A.4 may allocate moneys appropriated in

36 this section to conduct research and demonstration
37 projects to promote conservation tillage and nonpoint
38 source pollution control practices.
39 5. The financial incentive payments may be used in
40 combination with department of natural resources
41 moneys.
42 DEPARTMENT OF CORRECTIONS
43 Sec. 2. There is appropriated from the rebuild
44 Iowa infrastructure fund to the department of
45 corrections for the fiscal year beginning July 1,
46 2001, and ending June 30, 2002, the following amounts,
47 or so much thereof as is necessary, to be used for the
48 purposes designated:
49 1. To supplement funds appropriated in 1998 Iowa
50 Acts, chapter 1219, section 2, subsection 3, for

Page 2

1 construction of a 200-bed facility at the Iowa state
2 penitentiary at Fort Madison:
3 $ 6,400,000
4 2. For costs associated with connecting the
5 correctional facility at Oakdale to the city of
6 Coralville water system:
7 $ 100,000
8 3. For the final phase of the state's share of the
9 construction costs associated with the Mitchellville
10 waste water treatment plant:
11 $ 364,400
12 4. For costs associated with connecting the
13 electrical system supporting the special needs unit at
14 Fort Madison:
15 $ 333,168
16 Sec. 3. 2000 Iowa Acts, chapter 1225, section 2,
17 unnumbered paragraph 2, is amended to read as follows:
18 The first $300,000 of the amount appropriated in
19 this subsection shall be allocated for community-based
20 corrections projects in Council Bluffs. The next
21 $600,000 of the amount appropriated in this subsection
22 shall be allocated for community-based corrections
23 projects in the judicial district in which the city of
24 Davenport is located. These moneys may be used by the
25 department to enter into lease-purchasing agreements
26 or the payment of rent for such projects.
27 Sec. 4. 1999 Iowa Acts, chapter 204, section 1,
28 subsection 1, is amended to read as follows:
29 1. For purchase and planning, design, and
30 construction of a 170-bed facility at the Iowa medical
31 and classification center at Oakdale:
32 FY 1999-2000 $ 3,750,000
33 $ 1,050,000
34 FY 2000-2001 $ 2,500,000

35 $ 0
36 DEPARTMENT OF CULTURAL AFFAIRS
37 Sec. 5. There is appropriated from the rebuild
38 Iowa infrastructure fund to the department of cultural
39 affairs for the fiscal year beginning July 1, 2001,
40 and ending June 30, 2002, the following amounts, or so
41 much thereof as is necessary, to be used for the
42 purposes designated:
43 1. For historical site preservation grants, to be
44 used for the restoration, preservation, and
45 development of historical sites:
46 $ 2,000,000
47 Historical site preservation grants shall only be
48 awarded for projects which meet the definition of
49 "vertical infrastructure" in section 8.57, subsection
50 5, paragraph "c".

Page 3

1 In making grants pursuant to this subsection, the
2 department shall consider the existence and amount of
3 other funds available to an applicant for the
4 designated project. Each grant awarded from moneys
5 appropriated in this subsection shall not exceed
6 $100,000 per project. Not more than two grants may be
7 awarded in each county.
8 2. For continuation of the project recommended by
9 the Iowa battle flag advisory committee to stabilize
10 the condition of the battle flag collection,
11 notwithstanding section 8.57, subsection 5, paragraph
12 "c":
13 $ 275,000
14 DEPARTMENT OF ECONOMIC DEVELOPMENT
15 Sec. 6. There is appropriated from the rebuild
16 Iowa infrastructure fund to the department of economic
17 development for the fiscal year beginning July 1,
18 2001, and ending June 30, 2002, the following amounts,
19 or so much thereof as is necessary, to be used for the
20 purposes designated:
21 1. To be deposited in the physical infrastructure
22 assistance fund created in section 15E.175:
23 $ 2,000,000
24 The moneys appropriated in this subsection shall be
25 used for projects which cumulatively result in the
26 creation of "vertical infrastructure", as defined in
27 section 8.57, subsection 5, paragraph "c", having a
28 total value of at least $2,000,000. The department
29 shall report to the general assembly by March 31 of
30 the fiscal year for which funds are appropriated in
31 this subsection regarding the amount of such funds
32 used for "vertical infrastructure" projects and the
33 amount of such funds used for projects which result in

34 the creation of "vertical infrastructure".
35 2. For accelerated career education program
36 capital projects at community colleges that are
37 authorized under chapter 260G and that meet the
38 definition of "vertical infrastructure" in section
39 8.57, subsection 5, paragraph "c":
40 $ 5,300,000
41 The moneys appropriated in this subsection shall be
42 allocated equally among the community colleges in the
43 state. If any portion of the equal allocation to a
44 community college is not obligated or encumbered by
45 April 1, 2002, the unobligated and unencumbered
46 portions shall be available for use by other community
47 colleges.
48 DEPARTMENT OF GENERAL SERVICES
49 Sec. 7. There is appropriated from the rebuild
50 Iowa infrastructure fund to the department of general

Page 4

1 services for the fiscal year beginning July 1, 2001,
2 and ending June 30, 2002, the following amounts, or so
3 much thereof as is necessary, to be used for the
4 purposes designated:
5 1. For capitol interior restoration:
6 $ 1,700,000
7 2. For relocation expenses associated with
8 remodeling projects on the capitol complex,
9 notwithstanding section 8.57, subsection 5, paragraph
10 "c":
11 $ 1,579,000
12 3. For routine maintenance of state buildings and
13 facilities under the purview of the department,
14 notwithstanding section 8.57, subsection 5, paragraph
15 "c":
16 $ 2,500,000
17 The department shall quarterly file a report with
18 the legislative fiscal bureau detailing the use and
19 disposition of funds appropriated in this subsection.
20 4. For major renovation and major repair needs
21 including health, life, and fire safety needs, and for
22 compliance with the federal Americans With
23 Disabilities Act, for state-owned buildings and
24 facilities:
25 $ 15,000,000
26 a. In accordance with section 8.57, subsection 5,
27 paragraph "c", the moneys appropriated in this
28 subsection shall not be used for project management
29 services provided by the department.
30 b. Of the amount appropriated in this subsection,
31 $200,000 may be used for costs associated with the
32 vertical infrastructure program, notwithstanding

33 section 8.57, subsection 5, paragraph "c".
34 5. For relocation costs associated with renovation
35 of the state records center, notwithstanding section
36 8.57, subsection 5, paragraph "c":
37 $ 1,028,000
38 6. For the purchase of land and improvements to
39 properties in the vicinity of the capitol complex:
40 $ 400,000
41 Funds appropriated in this subsection may be
42 expended to prepare purchased property for utilization
43 by the state.
44 7. For the planning, design, and construction of a
45 facility, or for the purchase and renovation of the
46 metropolitan medical center property in Des Moines,
47 which shall be used as a multipurpose laboratory
48 facility, pursuant to approval by the legislative
49 council, notwithstanding section 8.57, subsection 5,
50 paragraph "c":

Page 5

1 $ 8,200,000
2 Sec. 8. There is appropriated from the rebuild
3 Iowa infrastructure fund to the department of general
4 services for the fiscal years designated, the
5 following amounts, or so much thereof as is necessary,
6 to be used for the purposes designated:
7 1. For the construction of a pedestrian bridge
8 across Court avenue to provide pedestrian access
9 across the capitol complex:
10 FY 2001-2002 $ 500,000
11 FY 2002-2003 $ 550,000
12 2. For costs associated with renovation of the
13 state records center:
14 FY 2001-2002 $ 1,215,000
15 FY 2002-2003 $ 8,500,000
16 FY 2003-2004 $ 1,300,000
17 IOWA STATE FAIR FOUNDATION
18 Sec. 9. There is appropriated from the rebuild
19 Iowa infrastructure fund to the Iowa state fair
20 foundation for the fiscal year beginning July 1, 2001,
21 and ending June 30, 2002, the following amounts, or so
22 much thereof as is necessary, to be used for the
23 purposes designated:
24 1. For replacement of the roof of the livestock
25 pavilion:
26 $ 500,000
27 2. For upgrades to the sewer and water systems:
28 $ 300,000
29 3. For electrical upgrades:
30 $ 200,000
31 DEPARTMENT OF NATURAL RESOURCES

32 Sec. 10. There is appropriated from the rebuild
33 Iowa infrastructure fund to the department of natural
34 resources for the fiscal year beginning July 1, 2001,
35 and ending June 30, 2002, the following amounts, or so
36 much thereof as is necessary, to be used for the
37 purposes designated:
38 1. For costs associated with the planning and
39 design of a premier destination park, notwithstanding
40 section 8.57, subsection 5, paragraph "c":
41 $ 1,000,000
42 2. To upgrade electrical systems at state parks
43 throughout the state:
44 $ 500,000
45 DEPARTMENT OF PUBLIC DEFENSE
46 Sec. 11. There is appropriated from the rebuild
47 Iowa infrastructure fund to the department of public
48 defense for the fiscal years designated, the following
49 amounts, or so much thereof as is necessary, to be
50 used for the purposes designated:

Page 6

1 1. For maintenance and repair of national guard
2 armories and facilities:
3 FY 2001-2002 $ 700,000
4 2. For construction of a new national guard armory
5 at Estherville:
6 FY 2001-2002 $ 400,000
7 FY 2002-2003 $ 400,000
8 FY 2003-2004 $ 400,000
9 DEPARTMENT OF PUBLIC SAFETY
10 Sec. 12. There is appropriated from the rebuild
11 Iowa infrastructure fund to the department of public
12 safety for the fiscal year beginning July 1, 2001, and
13 ending June 30, 2002, the following amount, or so much
14 thereof as is necessary, to be used for the purpose
15 designated:
16 For construction of a new Iowa state patrol post in
17 Mason City:
18 $ 1,700,000
19 STATE BOARD OF REGENTS
20 Sec. 13. There is appropriated from the rebuild
21 Iowa infrastructure fund to the state board of regents
22 for the fiscal period beginning July 1, 2001, and
23 ending June 30, 2004, the following amounts, or so
24 much thereof as is necessary, to be used for the
25 purposes designated:
26 1. For construction of a new business college
27 building at Iowa state university of science and
28 technology:
29 FY 2001-2002 $ 4,200,000
30 FY 2002-2003 $ 6,700,000

31 FY 2003-2004 $ 0
32 2. For phase I of construction of the art building
33 at the state university of Iowa:
34 FY 2001-2002 $ 4,453,000
35 FY 2002-2003 $ 7,910,000
36 FY 2003-2004 $ 3,653,000
37 3. For upgrading the steam distribution system at
38 the university of northern Iowa:
39 FY 2001-2002 $ 3,990,000
40 FY 2002-2003 $ 4,320,000
41 FY 2003-2004 $ 4,390,000
42 4. For utility system replacement at the Iowa
43 school for the deaf:
44 FY 2001-2002 $ 250,000
45 FY 2002-2003 $ 0
46 FY 2003-2004 $ 0
47 5. For tuckpointing at the Iowa school for the
48 deaf:
49 FY 2001-2002 $ 185,000
50 FY 2002-2003 $ 0

Page 7

1 FY 2003-2004 $ 0
2 6. For upgrading the heating, ventilation, and air
3 conditioning system at the Iowa braille and sight-
4 saving school:
5 FY 2001-2002 $ 400,000
6 FY 2002-2003 $ 0
7 FY 2003-2004 $ 0
8 The state board of regents is authorized to enter
9 into contracts for the full cost of carrying out the
10 projects listed in subsections 1 through 3, for which
11 appropriations are made in those subsections. The
12 state shall not be obligated for costs associated with
13 contracts identified in this paragraph in excess of
14 the funds appropriated by the general assembly.
15 STATE DEPARTMENT OF TRANSPORTATION
16 Sec. 14. There is appropriated from the rebuild
17 Iowa infrastructure fund to the state department of
18 transportation for the fiscal year beginning July 1,
19 2001, and ending June 30, 2002, the following amounts,
20 or so much thereof as is necessary, to be used for the
21 purposes designated:
22 1. For vertical infrastructure improvements at all
23 10 of the commercial air service airports within the
24 state:
25 $ 1,000,000
26 One-half of the funds appropriated in this
27 subsection shall be allocated equally between each
28 commercial service airport, 40 percent of the funds
29 shall be allocated based on the percentage that the

30 number of enplaned passengers at each commercial
31 service airport bears to the total number of enplaned
32 passengers in the state during the previous fiscal
33 year, and 10 percent of the funds shall be allocated
34 based on the percentage that the air cargo tonnage at
35 each commercial service airport bears to the total air
36 cargo tonnage in the state during the previous fiscal
37 year. In order for a commercial service airport to
38 receive funding under this subsection, the airport
39 shall be required to submit applications for funding
40 of specific projects to the department for approval by
41 the state transportation commission.
42 2. For deposit in the aviation hangar revolving
43 loan fund, created in section 330.2, for improvements
44 to and design and construction of hangars at general
45 aviation airports within the state:
46 $ 500,000
47 3. For acquiring, constructing, and improving
48 recreational trails within the state:
49 $ 2,000,000
50 Of the amount appropriated in this subsection,

Page 8

1 $1,000,000 shall be used for funding, on a matching
2 basis, recreational trail projects, with priority
3 given to completion of trail connections and sections
4 between existing trails and parks within the
5 established state recreational trails system. Such
6 projects shall be matched by $1 of private or other
7 funds for each $3 of state funds.
8 Of the amount appropriated in this subsection,
9 $50,000 shall be allocated for planning and
10 development of the Iowa portion of the Mississippi
11 river trail.
12 4. For an economic assistance program for capital
13 improvements at commercial air service and general
14 service airports including hangars, terminals, parking
15 lots, and fuel facilities:
16 $ 500,000
17 The state department of transportation shall adopt
18 rules for the implementation of the program described
19 in this subsection. The rules shall include a
20 provision allowing commercial air service and general
21 service airports to apply for assistance under the
22 program when immediate action is necessary in order to
23 attract or retain an economic development opportunity
24 in the region served by the airport. The rules shall
25 also include a provision giving economic assistance
26 preference to projects that maximize local community
27 investment and jobs. Economic assistance may be in
28 the form of a grant, loan, or combination of both.

29 OFFICE OF TREASURER OF STATE
30 Sec. 15. There is appropriated from the rebuild
31 Iowa infrastructure fund to the office of treasurer of
32 state for the fiscal year beginning July 1, 2001, and
33 ending June 30, 2002, the following amount, or so much
34 thereof as is necessary, to be used for the purpose
35 designated:
36 For county fair infrastructure improvements for
37 distribution in accordance with chapter 174 to
38 qualified fairs which belong to the association of
39 Iowa fairs:
40 $ 1,060,000
41 Sec. 16. REVERSION. Notwithstanding section 8.33,
42 moneys appropriated in this division of this Act shall
43 not revert at the close of the fiscal year for which
44 they were appropriated but shall remain available for
45 the purposes designated until the close of the fiscal
46 year that begins July 1, 2004, or until the project
47 for which the appropriation was made is completed,
48 whichever is earlier.
49 Sec. 17. EFFECTIVE DATE. Section 4 in this
50 division of this Act, amending 1999 Iowa Acts, chapter

Page 9

1 204, section 1, being deemed of immediate importance,
2 takes effect upon enactment.
3 DIVISION II
4 ENVIRONMENT FIRST FUND
5 DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
6 Sec. 18. There is appropriated from the
7 environment first fund to the department of
8 agriculture and land stewardship for the fiscal year
9 beginning July 1, 2001, and ending June 30, 2002, the
10 following amounts, or so much thereof as is necessary,
11 to be used for the purposes designated:
12 1. For the conservation reserve enhancement
13 program to restore and construct wetlands for the
14 purposes of intercepting tile line runoff, reducing
15 nutrient loss, improving water quality, and enhancing
16 agricultural production practices:
17 $ 1,500,000
18 2. For continuation of a program that provides
19 multi-objective resource protections for flood
20 control, water quality, erosion control, and natural
21 resource conservation:
22 $ 2,700,000
23 3. For continuation of a statewide voluntary farm
24 management demonstration program to demonstrate the
25 effectiveness and adaptability of emerging practices
26 in agronomy that protect water resources and provide
27 other environmental benefits:

28 $ 850,000
29 4. For deposit in the alternative drainage system
30 assistance fund created in section 159.29A to be used
31 for purposes of supporting the alternative drainage
32 system assistance program as provided in section
33 159.29B:
34 $ 1,000,000
35 Of the amount appropriated in this section,
36 $300,000 shall be allocated to drainage district 176
37 to provide cost-share assistance for closing
38 agricultural drainage wells and constructing
39 alternative drainage systems in order to assist in
40 raising the level of cost-share payments to 75 percent
41 of the cost of the projects.
42 5. To provide financial assistance for the
43 establishment of permanent soil and water conservation
44 practices:
45 $ 2,000,000
46 a. Not more than 5 percent of the moneys
47 appropriated in this subsection may be allocated for
48 cost-sharing to abate complaints filed under section
49 161A.47.
50 b. Of the moneys appropriated in this subsection,

Page 10

1 5 percent shall be allocated for financial incentives
2 to establish practices to protect watersheds above
3 publicly owned lakes of the state from soil erosion
4 and sediment as provided in section 161A.73.
5 c. Not more than 30 percent of a district's
6 allocation of moneys as financial incentives may be
7 provided for the purpose of establishing management
8 practices to control soil erosion on land that is row-
9 cropped, including but not limited to no-till
10 planting, ridge-till planting, contouring, and contour
11 strip-cropping as provided in section 161A.73.
12 d. The state soil conservation committee created
13 in section 161A.4 may allocate moneys appropriated in
14 this subsection to conduct research and demonstration
15 projects to promote conservation tillage and nonpoint
16 source pollution control practices.
17 e. The financial incentive payments may be used in
18 combination with department of natural resources
19 moneys.
20 6. To encourage and assist farmers in enrolling in
21 the continuous sign-up federal conservation reserve
22 program and work with them to enhance their
23 revegetation efforts to improve water quality and
24 habitat:
25 $ 1,500,000
26 7. For deposit in the hungry canyons account of

27 the loess hills development and conservation fund
28 created in section 161D.2, to be allocated as provided
29 in chapter 161D:
30 $ 750,000
31 8. For deposit in the loess hills alliance account
32 of the loess hills development and conservation fund
33 created in section 161D.2, to be allocated as provided
34 in chapter 161D:
35 $ 250,000
36 9. For allocation to the southern Iowa
37 conservation and development authority for protection
38 of road structures:
39 $ 250,000
40 10. For deposit in the agrichemical remediation
41 fund created in section 161.7, to be used as described
42 in section 161.7:
43 $ 1,000,000
44 DEPARTMENT OF ECONOMIC DEVELOPMENT
45 Sec. 19. There is appropriated from the
46 environment first fund to the department of economic
47 development for the fiscal year beginning July 1,
48 2001, and ending June 30, 2002, the following amount,
49 or so much thereof as is necessary, to be used for the
50 purpose designated:

Page 11

1 For deposit in the brownfield redevelopment fund
2 created in section 15.293 to provide assistance under
3 the brownfield redevelopment program:
4 $ 3,000,000
5 DEPARTMENT OF NATURAL RESOURCES
6 Sec. 20. There is appropriated from the
7 environment first fund to the department of natural
8 resources for the fiscal year beginning July 1, 2001,
9 and ending June 30, 2002, the following amounts, or so
10 much thereof as is necessary, to be used for the
11 purposes designated:
12 1. To provide local watershed managers with
13 geographic information system data for their use in
14 developing, monitoring, and displaying results of
15 their watershed work:
16 $ 195,000
17 2. For statewide coordination of volunteer efforts
18 under the water quality and keepers of the land
19 programs:
20 $ 130,000
21 3. For continuing the establishment and operation
22 of water quality monitoring stations:
23 $ 3,000,000
24 4. For contracting to assist department staff with
25 the review of national pollutant discharge elimination

26 system permits:
27 $ 250,000
28 5. For additional efforts to reduce the
29 department's floodplain permit backlog:
30 $ 200,000
31 6. For continuation of the waste tire abatement
32 program:
33 $ 500,000
34 7. To complete natural resource inventories and
35 protection plans to identify and safeguard unique
36 landforms and ecosystems:
37 $ 125,000
38 8. For a community-based grant distribution
39 program to provide funding for the planting of trees
40 throughout the state:
41 $ 250,000
42 9. For the dredging of lakes, including necessary
43 preparation for dredging, in accordance with the
44 department's classification of Iowa lakes restoration
45 report:
46 $ 500,000
47 10. For recreational grants to be used for the
48 restoration or construction of recreational complexes
49 or facilities under the recreational grant matching
50 program:

Page 12

1 $ 2,100,000
2 Matching grants awarded from the funds appropriated
3 in this subsection shall be awarded on a matching
4 basis of one dollar for every two dollars the
5 applicant had raised.
6 The department shall give special consideration to
7 recreational complex or facility projects which
8 involve public and private sector participation.
9 11. For purposes of funding capital projects for
10 the purposes specified in section 452A.79, and for
11 expenditures for the local cost share grants to be
12 used for capital expenditures to local governmental
13 units for boating accessibility:
14 $ 2,300,000
15 If the amount appropriated in this subsection
16 exceeds the amount of marine fuel tax receipts
17 deposited into the rebuild Iowa infrastructure fund
18 for the fiscal year ending June 30, 2002, the
19 difference between the amount appropriated in this
20 subsection from the environment first fund and the
21 actual marine fuel tax receipts deposited into the
22 rebuild Iowa infrastructure fund is appropriated to
23 the rebuild Iowa infrastructure fund from the
24 accumulated balance of marine fuel tax receipts in the

25 general fund of the state which is tracked by the
26 department of management pursuant to section 8.60,
27 subsection 14.
28 12. For a contribution toward the development of
29 the Lewis and Clark rural water system:
30 $ 60,000
31 STATE DEPARTMENT OF TRANSPORTATION
32 Sec. 21. There is appropriated from the
33 environment first fund to the state department of
34 transportation for the fiscal year beginning July 1,
35 2001, and ending June 30, 2002, the following amount,
36 or so much thereof as is necessary, to be used for the
37 purpose designated:
38 For a grant to the Grundy county conservation board
39 for a borrow pit recreational area project:
40 $ 90,000
41 The grant made pursuant to this section shall be
42 awarded on a matching basis of one dollar for every
43 two dollars the Grundy county conservation board has
44 raised. The moneys appropriated in this section shall
45 not be used for administrative costs.
46 Sec. 22. 2000 Iowa Acts, chapter 1225, is amended
47 by adding the following new section after section 28:
48 NEW SECTION. SEC. 28A. REVERSION.
49 Notwithstanding section 8.33, moneys appropriated in
50 sections 25 through 27 of this division of this Act

Page 13

1 shall not revert at the close of the fiscal year for
2 which they were appropriated but shall remain
3 available for the purposes designated until the close
4 of the fiscal year beginning July 1, 2003, or until
5 the project for which the appropriation was made is
6 completed, whichever is earlier.
7 RESOURCES ENHANCEMENT AND PROTECTION FUND
8 Sec. 23. Notwithstanding the amount of the
9 standing appropriation from the general fund of the
10 state under section 455A.18, subsection 3, there is
11 appropriated from the environment first fund to the
12 Iowa resources enhancement and protection fund, in
13 lieu of the appropriation made in section 455A.18, for
14 the fiscal year beginning July 1, 2001, and ending
15 June 30, 2002, the following amount, to be allocated
16 as provided in section 455A.19:
17 $ 10,500,000
18 Sec. 24. REVERSION. Notwithstanding section 8.33,
19 moneys appropriated in this division of this Act shall
20 not revert at the close of the fiscal year for which
21 they were appropriated but shall remain available for
22 the purposes designated until the close of the fiscal
23 year beginning July 1, 2002, or until the project for

24 which the appropriation was made is completed,
25 whichever is earlier.
26 Sec. 25. EFFECTIVE DATE. Section 22 in this
27 division of this Act, amending 2000 Acts, chapter
28 1225, being deemed of immediate importance, takes
29 effect upon enactment.
30 DIVISION III
31 STATUTORY CHANGES AND RELATED MATTERS
32 Sec. 26. Section 7E.5A, Code 2001, is amended to
33 read as follows:
34 7E.5A BUILDINGS AND INFRASTRUCTURE -
35 IDENTIFICATION OF MAINTENANCE FUNDING NEEDS.
36 1. For each new vertical infrastructure project
37 undertaken on or after July 1, 1997, the department in
38 control of the vertical infrastructure shall identify
39 and recommend to the general assembly funding
40 sufficient to meet the projected maintenance, repair,
41 and replacement needs of the vertical infrastructure.
42 2. A department shall, within its five-year
43 capital budget request, identify specific instances
44 where the failure to address deferred maintenance has
45 had a negative impact on the department's ability to
46 implement its mission and the proposed costs for
47 annual routine and preventive maintenance based on an
48 industry standard of one percent of the estimated
49 replacement cost of the department's facilities.
50 3. A department requesting state moneys for a

Page 14

1 vertical infrastructure project shall actively pursue
2 any federal funds for which the proposed project may
3 be eligible and shall demonstrate such pursuit prior
4 to receiving state moneys for the project. The
5 department shall report the receipt of any such
6 federal funds to the department of management and the
7 legislative fiscal bureau in the manner described in
8 section 8.23.
9 2. 4. As used in this section, "vertical
10 infrastructure" means the same as defined in section
11 8.57, subsection 5, paragraph "c".
12 Sec. 27. Section 15F.203, Code 2001, is amended by
13 adding the following new subsection:
14 NEW SUBSECTION. 3A. An application for financial
15 assistance under the program may be approved by the
16 board to buy down or refinance an existing loan on a
17 project that otherwise meets the eligibility
18 requirements for financial assistance under the
19 program.
20 Sec. 28. Section 461A.3A, subsection 2, unnumbered
21 paragraph 1, Code 2001, is amended to read as follows:
22 There is appropriated from the rebuild Iowa

23 infrastructure fund for each fiscal year of the fiscal
24 period beginning July 1, 1997, and ending June 30,
25 2001 2004, the sum of three million dollars to the
26 department for use in the restore the outdoors
27 program. Notwithstanding section 8.33, unencumbered
28 or unobligated moneys remaining at the end of a fiscal
29 year shall not revert but shall remain available for
30 expenditure during the following fiscal year for
31 purposes of the restore the outdoors program."
32 2. Title page, line 3, by inserting after the
33 word "including" the following: "the department of
34 agriculture and land stewardship,".
35 3. By renumbering as necessary.

Roll call was requested by Murphy of Dubuque and Millage of
Scott.

On the question "Shall amendment H-1820 be adopted?" (H.F.
742)

The ayes were, 43:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Falck
Fallon Foege Ford Frevert
Greimann Hatch Huser Jochum
Kreiman Kuhn Larkin Lensing
Mascher May Mertz Murphy
Myers O'Brien Osterhaus Petersen
Quirk Reynolds Richardson Scherrman
Schrader Seng Smith Stevens
Taylor, D. Taylor, T. Tremmel Warnstadt
Winckler Wise Witt

 


The nays were, 53:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Brunkhorst Carroll
Cormack De Boef Dix Dolecheck
Drake Eddie Eichhorn Elgin
Finch Garman Gipp Hahn
Hansen Hoffman Horbach Hoversten
Huseman Jacobs Jenkins Johnson
Kettering Klemme Larson Manternach
Metcalf Millage Raecker Rants
Rayhons Rekow Roberts Shey
Sievers Sukup Teig Tymeson

 




Mr. Speaker
Siegrist

Absent or not voting, 4:
Grundberg Heaton Houser Shoultz

 


Amendment H(1820 lost.

Gipp of Winneshiek offered the following amendment H(1767 filed
by him and moved its adoption:

H-1767

1 Amend House File 742 as follows:
2 1. Page 1, line 21, by striking the words
3 "associated with connecting" and inserting the
4 following: "of entering into a lease-purchase
5 agreement to connect".
6 2. Page 1, by inserting after line 23 the
7 following:
8 "Sec. ___. There is appropriated from the rebuild
9 Iowa infrastructure fund to the department of
10 corrections for the fiscal year beginning July 1,
11 2002, and ending June 30, 2003, the following amount,
12 or so much thereof as is necessary, to be used for the
13 purpose designated:
14 To supplement funds appropriated in 1998 Iowa Acts,
15 chapter 1219, section 2, subsection 3, for
16 construction of a 200-bed facility at the Iowa state
17 penitentiary at Fort Madison:
18 $ 2,000,000"
19 3. By renumbering, redesignating, and correcting
20 internal references as necessary.

Amendment H(1767 was adopted.

Warnstadt of Woodbury asked and received unanimous consent to
withdraw amendment H-1809 filed by him from the floor.

Quirk of Chickasaw offered amendment H(1813 filed by him from
the floor and requested division as follows:

H-1813

1 Amend House File 742 as follows:
2 1. Page 10, line 7, by striking the figure

H-1813A

3 "850,000" and inserting the following: "300,000".
4 2. Page 12, line 30, by striking the figure
5 "250,000" and inserting the following: "50,000".

H-1813B

6 3. Page 13, by striking lines 20 through 33.

H-1813A

7 4. Page 14, line 18, by striking the figure
8 "10,000,000" and inserting the following:
9 "10,840,000".
10 5. Title page, lines 13 and 14, by striking the
11 words "the state department of transportation,".
12 6. By renumbering, redesignating, and correcting
13 internal references as necessary.

On motion by Quirk of Chickasaw amendment H-1813A lost.

Quirk of Chickasaw moved the adoption of amendment H(1813B.

Amendment H-1813B lost.

Drake of Pottawattamie offered the following amendment H(1804
filed by him from the floor and moved its adoption:

H-1804

1 Amend House File 742 as follows:
2 1. Page 14, by inserting after line 28 the
3 following:
4 "DIVISION ___
5 RESOURCES ENHANCEMENT AND PROTECTION FUND
6 DEPARTMENT OF NATURAL RESOURCES
7 Sec. ___. There is appropriated from the open
8 spaces account of the Iowa resources enhancement and
9 protection fund from the moneys not specifically
10 allocated in section 455A.19, subsection 1, paragraph
11 "a", to the department of natural resources for the
12 fiscal year beginning July 1, 2001, and ending June
13 30, 2002, the following amount, or so much thereof as
14 is necessary, to be used for the purposes designated:
15 For salaries, support, and maintenance of personnel
16 and programs relating to water access development, all
17 state parks as they existed on April 1, 2001,
18 recreation areas, and state preserves, and for related

19 miscellaneous purposes:
20 $ 500,000"
21 2. Title page, line 15, by inserting after the
22 word "fund," the following: "and making
23 appropriations from the Iowa resources enhancement and
24 protection fund,".
25 3. By renumbering, redesignating, and correcting
26 internal references as necessary.

Amendment H(1804 lost.

Warnstadt of Woodbury asked and received unanimous consent to
withdraw amendment H-1837 filed by him from the floor.

Warnstadt of Woodbury offered the following amendment H(1840
filed by him from the floor and moved its adoption:

H-1840

1 Amend House File 742 as follows:
2 1. Page 15, line 12, by inserting after the word
3 "facilities." the following: "This subsection shall
4 not apply to the state department of transportation."

Amendment H(1840 was adopted.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Foege of Linn, for the remainder of the day, on request of Huser of Polk.

Gipp of Winneshiek asked and received unanimous consent to
withdraw amendment H-1798 filed by him from the floor.

Rekow of Allamakee called up for consideration the motion to
reconsider the vote by which amendment H-1804, printed on pages
1676 through 1677 of the House Journal, to House File 742 filed by
him from the floor failed to be adopted by the House.

A non-record roll call was requested.

The ayes were 30, nays 53.

The motion to reconsider lost.

Gipp of Winneshiek 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. 742)

The ayes were, 70:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Brunkhorst Bukta
Carroll Cohoon De Boef Dix
Dolecheck Drake Eddie Eichhorn
Elgin Finch Garman Gipp
Greimann Grundberg Hahn Hansen
Heaton Hoffman Horbach Houser
Hoversten Huseman Jacobs Jenkins
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lensing
Manternach Mascher May Metcalf
Millage Myers Raecker Rants
Rayhons Rekow Reynolds Richardson
Roberts Shey Sievers Stevens
Sukup Teig Tymeson Tyrrell
Van Engelenhoven Van Fossen Weidman Wise
Witt Mr. Speaker
Siegrist

 


The nays were, 28:
Atteberry Bell Chiodo Connors
Cormack Dotzler Falck Fallon
Ford Frevert Hatch Huser
Jochum Mertz Murphy O'Brien
Osterhaus Petersen Quirk Scherrman
Schrader Seng Smith Taylor, D.
Taylor, T. Tremmel Warnstadt Winckler

 


Absent or not voting, 2:
Foege Shoultz

 


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


INTRODUCTION OF BILL

House File 751, by Rants and Myers, a bill for an act providing
tax credits for investments in qualifying businesses and allowing the
transfer of investment tax credits.

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

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 742 be immediately messaged to the Senate.

Senate File 530, a bill for an act relating to and making
appropriations to the justice system, making related statutory
changes, and providing an effective date, with report of committee
recommending passage, was taken up for consideration.

Larkin of Lee offered the following amendment H(1828 filed by
him from the floor and moved its adoption:

H-1828

1 Amend Senate File 530, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 6, line 6, by striking the figure
4 "27,742,137" and inserting the following:
5 "30,130,652".
6 2. Page 6, line 14, by striking the figure
7 "23,591,417" and inserting the following:
8 "23,983,834".
9 3. Page 6, line 24, by striking the figure
10 "21,564,956" and inserting the following:
11 "21,823,768".
12 4. Page 6, line 30, by striking the figure
13 "23,023,286" and inserting the following:
14 "23,310,118".
15 5. Page 7, line 3, by striking the figure
16 "21,677,580" and inserting the following:
17 "21,883,802".
18 6. Page 7, line 9, by striking the figure
19 "7,178,143" and inserting the following: "7,272,542".
20 7. Page 7, line 15, by striking the figure
21 "17,952,898" and inserting the following:
22 "18,142,698".
23 8. Page 7, line 26, by striking the figure
24 "12,229,337" and inserting the following:

25 "12,365,583".
26 9. Page 7, line 32, by striking the figure
27 "25,274,461" and inserting the following:
28 "25,504,865".

Amendment H(1828 lost.

The House stood at ease at 4:30 p.m., until the fall of the gavel.

The House resumed session at 5:46 p.m., Speaker pro tempore
Sukup in the chair.

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-three members present,
twenty-seven absent.

The House resumed consideration of Senate File 530.

Tremmel of Wapello offered the following amendment H(1829 filed
by him from the floor and moved its adoption:

H-1829

1 Amend Senate File 530, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 13, line 11, by striking the figure
4 "8,870,274" and inserting the following: "9,310,263".
5 2. Page 13, line 17, by striking the figure
6 "6,740,702" and inserting the following: "7,407,017".
7 3. Page 13, line 23, by striking the figure
8 "4,033,736" and inserting the following: "4,500,354".
9 4. Page 13, line 29, by striking the figure
10 "3,829,927" and inserting the following: "4,240,315".
11 5. Page 13, line 35, by striking the figure
12 "11,823,192" and inserting the following:
13 "12,858,098".
14 6. Page 14, line 6, by striking the figure
15 "8,941,214" and inserting the following: "9,380,994".
16 7. Page 14, line 12, by striking the figure
17 "5,157,571" and inserting the following: "5,282,938".
18 8. Page 14, line 18, by striking the figure
19 "5,033,178" and inserting the following: "5,264,765".
20 9. Page 14, line 23, by striking the figure
21 "78,119" and inserting the following: "79,948".


Roll call was requested by Tremmel of Wapello and Myers of
Johnson.

On the question "Shall amendment H-1829 be adopted?" (S.F.
530)

The ayes were, 42:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Falck
Fallon Ford Frevert Gipp
Greimann Hatch Huser Jochum
Kreiman Kuhn Larkin Lensing
Mascher May Mertz Murphy
Myers Osterhaus Petersen Quirk
Reynolds Richardson Scherrman Schrader
Seng Smith Stevens Taylor, D.
Taylor, T. Tremmel Warnstadt Winckler
Wise Witt

 


The nays were, 52:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Brunkhorst Carroll
Cormack De Boef Dix Dolecheck
Drake Eddie Eichhorn Elgin
Finch Garman Hahn Heaton
Hoffman Horbach Hoversten Huseman
Jacobs Jenkins Johnson Kettering
Klemme Larson Manternach Metcalf
Millage Raecker Rants Rayhons
Rekow Roberts Shey Siegrist, Spkr.
Sievers Teig Tymeson Tyrrell
Van Engelenhoven Van Fossen Weidman Sukup, Pres.

 


Absent or not voting, 6:
Foege Grundberg Hansen Houser
O'Brien Shoultz

 


Amendment H(1829 lost.

Bell of Jasper offered the following amendment H(1827 filed by
him from the floor and moved its adoption:

H-1827

1 Amend Senate File 530, as amended, passed, and

2 reprinted by the Senate, as follows:
3 1. Page 21, line 27, by striking the figure
4 "11,931,266" and inserting the following:
5 "12,507,130".

Dix of Butler in the chair at 6:23 p.m.

Roll call was requested by Bell of Jasper and T. Taylor of Linn.

On the question "Shall amendment H-1827 be adopted?" (S.F. 530)

The ayes were, 41:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Falck
Fallon Ford Frevert Greimann
Hatch Huser Jochum Kreiman
Kuhn Larkin Lensing Mascher
May Mertz Murphy Myers
Osterhaus Petersen Quirk Reynolds
Richardson Scherrman Schrader Seng
Smith Stevens Taylor, D. Taylor, T.
Tremmel Warnstadt Winckler Wise
Witt

 


The nays were, 55:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Brunkhorst Carroll
Cormack De Boef Dolecheck Drake
Eddie Eichhorn Elgin Finch
Garman Gipp Grundberg Hahn
Hansen Heaton Horbach Houser
Hoversten Huseman Jacobs Jenkins
Johnson Kettering Klemme Larson
Manternach Metcalf Millage Raecker
Rants Rayhons Rekow Roberts
Shey Siegrist, Spkr. Sievers Sukup
Teig Tymeson Tyrrell Van Engelenhoven
Van Fossen Weidman Dix,
Presiding

 


Absent or not voting, 4:
Foege Hoffman O'Brien Shoultz
Amendment H(1827 lost.

 



Richardson of Warren offered the following amendment H(1819
filed by him from the floor and moved its adoption:

H-1819

1 Amend Senate File 530, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 22, line 24, by striking the figure
4 "3,501,690" and inserting the following: "4,019,177".

Gipp of Winneshiek in the chair at 6:45 p.m.

Amendment H(1819 lost.

Bell of Jasper offered the following amendment H(1826 filed by
him from the floor and moved its adoption:

H-1826

1 Amend Senate File 530, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 23, line 15, by striking the figure
4 "1,240,582" and inserting the following: "1,332,428".
5 2. Page 23, line 25, by striking the figure
6 "36,676,633" and inserting the following:
7 "38,164,365".

Roll call was requested by Myers of Johnson and Van Fossen of
Scott.

On the question “Shall amendment H-1826 be adopted?” (S.F. 530)

The ayes were, 41:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Falck
Fallon Ford Frevert Greimann
Hatch Huser Jochum Kreiman
Kuhn Larkin Lensing Mascher
May Mertz Murphy Myers
Osterhaus Petersen Quirk Reynolds
Richardson Scherrman Schrader Seng
Smith Stevens Taylor, D. Taylor, T.
Tremmel Warnstadt Winckler Wise
Witt

 




The nays were, 56:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Brunkhorst Carroll
Cormack De Boef Dix Dolecheck
Drake Eddie Eichhorn Elgin
Finch Garman Grundberg Hahn
Hansen Heaton Hoffman Horbach
Houser Hoversten Huseman Jacobs
Jenkins Johnson Kettering Klemme
Larson Manternach Metcalf Millage
Raecker Rants Rayhons Rekow
Roberts Shey Siegrist, Spkr. Sievers
Sukup Teig Tymeson Tyrrell
Van Engelenhoven Van Fossen Weidman Gipp,
Presiding

 


Absent or not voting, 3:
Foege O'Brien Shoultz
Amendment H(1826 lost.

 


Richardson of Warren offered the following amendment H(1818
filed by him from the floor and moved its adoption:

H-1818

1 Amend Senate File 530, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 23, by inserting after line 26 the
4 following:
5 "It is the intent of the general assembly that of
6 the amount appropriated in this subsection the
7 department may expend up to $660,000 and maintain
8 10.00 FTEs for the special enforcement team."

Amendment H(1818 lost.

Horbach of Tama 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. 530)


The ayes were, 56:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Brunkhorst Carroll
Cormack De Boef Dix Dolecheck
Drake Eddie Eichhorn Elgin
Finch Garman Grundberg Hahn
Hansen Heaton Hoffman Horbach
Houser Hoversten Huseman Jacobs
Jenkins Johnson Kettering Klemme
Larson Manternach Metcalf Millage
Raecker Rants Rayhons Rekow
Roberts Shey Siegrist, Spkr. Sievers
Sukup Teig Tymeson Tyrrell
Van Engelenhoven Van Fossen Weidman Gipp,
Presiding

 


The nays were, 41:
Atteberry Bell Bukta Chiodo
Cohoon Connors Dotzler Falck
Fallon Ford Frevert Greimann
Hatch Huser Jochum Kreiman
Kuhn Larkin Lensing Mascher
May Mertz Murphy Myers
Osterhaus Petersen Quirk Reynolds
Richardson Scherrman Schrader Seng
Smith Stevens Taylor, D. Taylor, T.
Tremmel Warnstadt Winckler Wise
Witt

 


Absent or not voting, 3:
Foege O'Brien Shoultz

 


The bill having received a constitutional majority was declared to
have passed the House and the title 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
May 1, 2001, passed the following bill in which the concurrence of the Senate was
asked:

House File 635, a bill for an act providing that certain employees are not entitled to
compensation for time spent traveling to and from the worksite.


Also: That the Senate has on May 1, 2001, passed the following bill in which the
concurrence of the Senate was asked:

House File 712, a bill for an act relating to the annual filing for the family farm tax
credit, to the notification to the assessor of the change in ownership or the person
actively engaged in farming the tract of agricultural land for which the family farm tax
credit is allowed, providing a penalty, and including effective and applicability date
provisions.

Also: That the Senate has on May 1, 2001, amended and passed the following bill in
which the concurrence of the House is asked:

House File 713, a bill for an act relating to the administration of county government
by providing for the issuance of certain lease or lease-purchase contracts, the recording
of certain property transfers, the striking of a requirement to record returns of
marriage with real estate recordings, the imposition of a real estate installment
contract fee, and changing the date for reporting and paying agricultural land tax
credits and family farm tax credits.

Also: That the Senate has on May 1, 2001, passed the following bill in which the
concurrence of the Senate was asked:

House File 731, a bill for an act regarding certain changes relating to the utility
replacement tax, and providing for the Act's applicability.

Also: That the Senate has on May 1, 2001, amended and passed the following bill in
which the concurrence of the House is asked:

House File 732, a bill for an act relating to appropriations for the department of
human services and including other provisions and appropriations involving human
services and health care, and providing effective dates.

MICHAEL E. MARSHALL, Secretary

Unfinished Business Calendar

The House resumed consideration of House File 740, a bill for an
act relating to the senior living program including provisions relating
to and making appropriations from the senior living trust fund to the
department of elder affairs and the department of human services,
and including effective date and retroactive applicability provisions,
previously deferred on April 30, 2001 and found on pages 1638
through 1641 of the House Journal. (Amendment H-1746 pending)

Speaker Siegrist in the chair at 7:31 p.m.

Osterhaus of Jackson moved the adoption of amendment H-1746.


A non-record roll call was requested.

The ayes were 36, nays 58.

Amendment H-1746 lost.

Smith of Marshall offered the following amendment H(1765 filed
by him and moved its adoption:

H-1765

1 Amend House File 740 as follows:
2 1. Page 6, line 30, by inserting after the word
3 "care" the following: "with an emphasis on
4 compensation to direct care workers".

Amendment H(1765 was adopted.

Osterhaus of Jackson offered amendment H(1764 filed by him as
follows:

H-1764

1 Amend House File 740 as follows:
2 1. By striking page 2, line 18, through page 10,
3 line 28, and inserting the following:
4 "Sec. . MODIFIED PRICE-BASED CASE-MIX
5 REIMBURSEMENT - NURSING FACILITIES.
6 1. Beginning July 1, 2001, the department of human
7 services shall reimburse nursing facilities under the
8 medical assistance program in accordance with a
9 phased-in, modified price-based case-mix reimbursement
10 system that includes a case-mix adjusted component and
11 a non-case-mix adjusted component.
12 2. The modified price-based case-mix reimbursement
13 rate shall be phased in over a three-year period.
14 a. For the fiscal year beginning July 1, 2001, and
15 ending June 30, 2002, 66.67 percent of a facility's
16 reimbursement rate shall be computed based on the
17 current rate effective June 30, 2001, and 33.33
18 percent shall be computed based on the modified price-
19 based case-mix reimbursement rate. The current rate
20 portion shall be increased by an inflation allowance
21 of 6.21 percent, with a maximum reimbursement rate of
22 $94.00.
23 b. For the fiscal year beginning July 1, 2002, and
24 ending June 30, 2003, 33.33 percent of a facility's
25 reimbursement rate shall be computed based on the

26 current rate effective June 30, 2001, and 66.67
27 percent shall be computed based on the modified price-
28 based case-mix reimbursement rate. The current rate
29 portion shall be increased by an inflation allowance
30 of 9.21 percent with a maximum reimbursement rate of
31 $97.47.
32 c. For the fiscal year beginning July 1, 2003, and
33 ending June 30, 2004, and thereafter, 100 percent of a
34 facility's reimbursement rate shall be computed based
35 on the modified price-based case-mix reimbursement
36 rate.
37 3. Modified price-based case-mix reimbursement
38 rate calculation.
39 a. The department of human services shall
40 determine the statewide median of nursing facility
41 costs as follows:
42 (1) For the fiscal period beginning July 1, 2001,
43 and ending June 30, 2003, the department shall
44 determine the statewide median of nursing facility
45 costs based upon each facility's actual costs taken
46 from the most recent cost reports, submitted by the
47 nursing facility for the period ending on or before
48 December 31, 2000, subject to certain existing
49 limitations and adjustments. These costs shall be
50 inflated forward to July 1, 2001, by using the

Page 2

1 midpoint of each cost report and applying the HCFA/SNF
2 index.
3 (2) Beginning July 1, 2003, and every second state
4 fiscal year thereafter beginning on July 1 of the
5 respective state fiscal year, the department shall
6 recalculate the statewide median of nursing facility
7 costs based upon the most recent cost reports
8 submitted by the nursing facility for the period
9 ending on or before December 31 of the previous
10 calendar year and shall inflate these costs forward to
11 the beginning of the state fiscal year, by using the
12 midpoint of each cost report and applying the HCFA/SNF
13 index.
14 b. Beginning July 1, 2002, and thereafter, the
15 occupancy factor shall be increased to 85 percent when
16 calculating the nondirect care cost component of the
17 modified price-based case-mix reimbursement rate. The
18 occupancy factor shall not apply to support care
19 costs.
20 c. The modified price-based case-mix reimbursement
21 rate paid to nursing facilities shall be calculated
22 using the statewide median cost as adjusted to reflect
23 the case mix of the medical assistance residents in
24 the nursing facility.

25 d. (1) The department of human services shall use
26 the resource utilization groups-III (RUG-III), version
27 5.12b, 34 group, index maximizer model as the resident
28 classification system to determine a nursing
29 facility's case-mix index, based on data from the
30 minimum data set (MDS) submitted by each facility.
31 Standard version 5.12b, 34 group case-mix indices,
32 developed by HCFA, shall be the basis for calculating
33 the average case-mix index and shall be used to adjust
34 the direct-care component in the determination of the
35 modified price-based case-mix reimbursement rate.
36 (2) The department of human services shall
37 determine and adjust each facility's case-mix index on
38 a quarterly basis. A separate calculation shall be
39 made to determine the average case-mix index for a
40 facilitywide case-mix index, and a case-mix index for
41 the medical assistance residents of the nursing
42 facility using the minimum data set (MDS) report
43 submitted by the facility for the previous quarter,
44 which reflects the residents in the facility on the
45 last day of the previous calendar quarter.
46 e. The department shall calculate the rate ceiling
47 for the direct-care cost component at 110 percent of
48 the median of case-mix adjusted costs. Nursing
49 facilities with direct care case-mix adjusted costs at
50 100 percent of the median or greater, shall receive an

Page 3

1 amount equal to their costs not to exceed 110 percent
2 of the median. Nursing facilities with case-mix
3 adjusted costs below 100 percent of the median shall
4 receive a profit add-on payment by having their
5 payment rate for the direct-care cost component
6 calculated as their allowable case-mix adjusted cost
7 plus 50 percent of the difference between 100 percent
8 of the median and their allowable case-mix adjusted
9 cost, not to exceed 10 percent of the median of case-
10 mix adjusted costs.
11 f. The department shall calculate the rate ceiling
12 for the nondirect care cost component at 100 percent
13 of the median of non-case-mix adjusted costs. Nursing
14 facilities with non-case-mix adjusted costs at 95
15 percent of the median or greater shall receive an
16 amount equal to their costs not to exceed 100 percent
17 of the median. Nursing facilities with non-case-mix
18 adjusted costs below 95 percent of the median shall
19 receive a profit add-on payment that is their costs
20 plus 50 percent of the difference between 95 percent
21 of the median and their non-case-mix adjusted costs,
22 not to exceed 15 percent of the median of non-case-mix
23 adjusted costs.

24 g. The department shall apply the geographic wage
25 index adjustment annually to the case-mix adjusted
26 component of the modified price-based case-mix
27 reimbursement rate for the nursing facilities located
28 in standard metropolitan statistical area counties in
29 Iowa identified by HCFA. This rate shall be
30 calculated using the case-mix adjusted costs of the
31 nursing facility, not to exceed $8 per patient day. A
32 nursing facility may request an exception to
33 application of the geographic wage index based upon a
34 reasonable demonstration of wages, location, and total
35 cost. A request for an exception shall be submitted
36 to the department of human services within 30 days of
37 receipt of notification by the nursing facility of the
38 new reimbursement rate. The exception request shall
39 include an explanation of the circumstances and
40 supporting data.
41 h. For the purpose of determining the median
42 applicable to Medicare-certified hospital-based
43 skilled nursing facilities, the department shall treat
44 such facilities as a separate peer group.
45 i. The modified price-based case-mix reimbursement
46 rate for state-operated nursing facilities and special
47 population nursing facilities shall be the average
48 allowable per diem costs, adjusted for inflation,
49 based on the most current financial and statistical
50 report. Special population nursing facilities

Page 4

1 enrolled on or after June 1, 1993, shall have a rate
2 ceiling equal to the rate ceiling for Medicare-
3 certified hospital-based nursing facilities.
4 4. a. ACCOUNTABILITY MEASURES.
5 It is the intent of the general assembly that the
6 department of human services initiate a system to
7 measure a variety of elements to determine a nursing
8 facility's capacity to provide quality of life and
9 appropriate access to medical assistance program
10 beneficiaries in a cost-effective manner. Beginning
11 July 1, 2001, the department shall implement a process
12 to collect data for these measurements and shall
13 develop procedures to increase nursing facility
14 reimbursements based upon a nursing facility's
15 achievement of multiple favorable outcomes as
16 determined by these measurements. Any increased
17 reimbursement shall not exceed 3 percent of the
18 calculation of the modified price-based case-mix
19 reimbursement median. The increased reimbursement
20 shall be included in the calculation of nursing
21 facility modified price-based payment rates beginning
22 July 1, 2002, with the exception of Medicare-certified

23 hospital-based nursing facilities, state-operated
24 nursing facilities, and special population nursing
25 facilities.
26 b. It is the intent of the general assembly that
27 increases in payments to nursing facilities under the
28 case-mix adjusted component shall be used for the
29 provision of direct care. The department shall
30 compile and provide a detailed analysis to demonstrate
31 growth of direct care costs, increased acuity, and
32 care needs of residents. The department shall also
33 provide analysis of cost reports submitted by
34 providers and the resulting desk review and field
35 audit adjustments to reclassify and amend provider
36 cost and statistical data. The results of these
37 analyses shall be submitted to the general assembly
38 for evaluation to determine payment levels following
39 the transition funding period.
40 5. As used in this section:
41 a. "Case-mix" means a measure of the intensity of
42 care and services used by similar residents in a
43 facility.
44 b. "Case-mix adjusted costs" means specified costs
45 adjusted for acuity by the case-mix index. Costs
46 subject to adjustment are the salaries and benefits of
47 registered nurses, licensed practical nurses,
48 certified nursing assistants, rehabilitation nurses,
49 and contracted nursing services.
50 c. "Case-mix index" means a numeric score within a

Page 5

1 specific range that identifies the relative resources
2 used by similar residents and represents the average
3 resource consumption across a population or sample.
4 d. "Facilitywide average case-mix index" is a
5 simple average, carried to four decimal places, of all
6 resident case-mix indices based on the last day of
7 each calendar quarter.
8 e. "Geographic wage index" means an annual
9 calculation of the average difference between the Iowa
10 hospital-based rural wage index and Iowa hospital-
11 based standard metropolitan statistical area wage
12 indices as published by HCFA each July. The wage
13 factor shall be revised when the skilled nursing
14 facility wage indices are released by HCFA.
15 f. "HCFA" means the health care financing
16 administration of the United States department of
17 health and human services.
18 g. "HCFA/SNF index" means the HCFA total skilled
19 nursing facility market basket index published by data
20 resources, inc. The HCFA/SNF index listed in the
21 latest available quarterly publication prior to the

22 July 1 rate setting shall be used to determine the
23 inflation factor which shall be applied based upon the
24 midpoint of the cost report period.
25 h. "Median" means the median cost calculated by
26 using a weighting method based upon total patient days
27 of each nursing facility.
28 i. "Medicaid" or "medical assistance" means
29 medical assistance as defined in section 249A.2.
30 j. "Medicaid average case-mix index" means the
31 simple average, carried to four decimal places, of all
32 resident case-mix indices where Medicaid is known to
33 be the per diem payor source on the last day of the
34 calendar quarter.
35 k. "Medicare" means the federal Medicare program
36 established by Title XVIII of the federal Social
37 Security Act.
38 l. "Minimum data set" or "MDS" means the federally
39 required resident assessment tool. Information from
40 the MDS is used by the department to determine the
41 facility's case-mix index.
42 m. "Non-case-mix adjusted costs" means an amount
43 stated in terms of per patient day that is calculated
44 using allowable costs from the cost reports of
45 facilities, divided by the allowable patient days for
46 the cost report period, and beginning July 1, 2003,
47 patient days as modified pursuant to subsection 3,
48 paragraph "b". Non-case-mix adjusted costs include
49 all allowable costs less case-mix adjusted costs.
50 n. "Nursing facility" means a skilled nursing

Page 6

1 facility certified under both the federal Medicaid
2 program and the federal Medicare program, and a
3 nursing facility certified under the federal Medicaid
4 program.
5 o. "Rate ceiling" or "upper payment limit" means a
6 maximum rate amount stated in terms of per patient day
7 that is calculated as a percent of the median.
8 p. "Special population nursing facility" means a
9 skilled nursing facility the resident population of
10 which is either of the following:
11 (1) One hundred percent of the residents of the
12 nursing facility is under the age of 22 and require
13 the skilled level of care.
14 (2) Seventy percent of the residents served
15 require the skilled level of care for neurological
16 disorders.
17 6. The department of human services may adopt
18 rules under section 17A.4, subsection 2, and section
19 17A.5, subsection 2, paragraph "b", to implement this
20 section. The rules shall become effective immediately

21 upon filing, unless the effective date is delayed by
22 the administrative rules review committee,
23 notwithstanding section 17A.4, subsection 5, and
24 section 17A.8, subsection 9, or a later effective date
25 is specified in the rules. Any rules adopted in
26 accordance with this section shall not take effect
27 before the rules are reviewed by the administrative
28 rules review committee. Any rules adopted in
29 accordance with the provisions of this section shall
30 also be published as notice of intended action as
31 provided in section 17A.4.
32 Sec. . NURSING FACILITY CONVERSION GRANTS. The
33 nursing facility conversion grants awarded on or after
34 July 1, 2000, may be used to convert all or a portion
35 of the licensed nursing facility to a certified
36 assisted-living program. All converted units of
37 assisted living shall be affordable, as defined in
38 section 249H.3, to persons with low or moderate
39 incomes. Grant recipients shall maintain a minimum
40 medical assistance client base participation rate of
41 40 percent, subject to demand for participation by
42 individuals eligible for medical assistance. The
43 department of human services shall adjust the criteria
44 for eligibility for conversion grants to allow a
45 licensed nursing facility that has been an approved
46 provider under the medical assistance program for a
47 three-year period to apply for a conversion grant
48 beginning July 1, 2001."
49 2. Title page, by striking lines 4 and 5, and
50 inserting the following: "department of human

Page 7

1 services."
2 3. By renumbering as necessary.

Osterhaus of Jackson offered the following amendment H(1772, to
amendment H(1764, filed by him and moved its adoption:

H-1772

1 Amend the amendment, H-1764, to House File 740 as
2 follows:
3 1. Page 3, by striking lines 24 through 40, and
4 inserting the following:
5 "g. The department shall not apply a geographic
6 wage index adjustment in determining the modified
7 price-based case-mix reimbursement rate for nursing
8 facilities."
9 2. Page 5, by striking lines 12 through 14, and
10 inserting the following: "indices as published by
11 HCFA each July."

Amendment H(1772 was adopted.

Osterhaus of Jackson moved the adoption of amendment H-1764,
as amended.

Roll call was requested by Hansen of Pottawattamie and Heaton of
Henry.

On the question “Shall amendment H-1764, as amended, be
adopted?" (H.F. 740)

The ayes were, 24:
Atteberry Bukta Connors Dotzler
Falck Ford Frevert Greimann
Jochum Kreiman Lensing Mascher
Mertz Murphy Myers Osterhaus
Scherrman Schrader Seng Smith
Stevens Taylor, D. Taylor, T. Winckler

 


The nays were, 71:
Alons Arnold Barry Baudler
Bell Boal Boddicker Boggess
Bradley Brauns Broers Brunkhorst
Chiodo Cohoon Cormack De Boef
Dix Dolecheck Drake Eddie
Eichhorn Elgin Fallon Finch
Garman Gipp Grundberg Hahn
Hansen Heaton Hoffman Horbach
Houser Hoversten Huseman Huser
Jacobs Jenkins Johnson Kettering
Klemme Kuhn Larkin Larson
Manternach May Metcalf Millage
Petersen Quirk Raecker Rants
Rayhons Rekow Reynolds Richardson
Roberts Shey Sievers Sukup
Teig Tremmel Tymeson Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Wise Witt Mr. Speaker
Siegrist

 


Absent or not voting, 5:
Carroll Foege Hatch O'Brien
Shoultz

 




Amendment H-1764 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?” (H.F. 740)

The ayes were, 94:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Falck
Fallon Finch Ford Frevert
Garman Gipp Greimann Grundberg
Hahn Hansen Hatch Heaton
Hoffman Horbach Houser Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Myers
Petersen Quirk Raecker Rants
Rayhons Rekow Reynolds Richardson
Roberts Schrader Seng Shey
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Winckler Wise
Witt Mr. Speaker
Siegrist

 


The nays were, 4:
Murphy O'Brien Osterhaus Scherrman

 


Absent or not voting, 2:
Foege Shoultz

 


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 740 be immediately messaged to the Senate.

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
May 1, 2001, adopted the conference committee report and passed Senate File 203, a
bill for an act extending the regular program district cost guarantee for school districts,
and providing an effective date.

MICHAEL E. MARSHALL, Secretary

SENATE AMENDMENTS CONSIDERED

De Boef of Mahaska called up for consideration Senate File 458, a
bill for an act relating to children's program and juvenile court
provisions involving the department of human services in regard to
the foster home insurance fund, group child care providers, juvenile
delinquency and child in need of assistance dispositions, and
termination of parental rights, amended by the House, further
amended by the Senate and moved that the House concur in the
following Senate amendment H-1754 to the House amendment:

H-1754

1 Amend the House amendment, S-3377, to Senate File
2 458, as passed by the Senate, as follows:
3 1. Page 2, by striking lines 42 through 49, and
4 inserting the following:
5 "Sec. ___. CLIENT FINANCIAL PARTICIPATION. The
6 department of human services shall work with private
7 providers of psychiatric medical institution for
8 children (PMIC) services to eliminate or substantially
9 reduce the requirement that PMIC providers must
10 collect client financial participation in the cost of
11 services and during fiscal year 2001-2002 shall submit
12 to the governor and general assembly proposals to
13 achieve this purpose."
14 2. Page 3, by striking lines 2 through 6, and
15 inserting the following:
16 "NEW SUBSECTION. 3. Except for those psychiatric
17 medical institutions for children which are
18 specialized to provide substance abuse treatment,

19 unless expressly authorized in statute, the department
20 of human services shall not include services provided
21 by psychiatric medical institutions for children in
22 any managed care contract.""
23 3. By renumbering as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-1754, to the House amendment.

De Boef of Mahaska 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. 458)

The ayes were, 97:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Falck
Fallon Finch Ford Frevert
Garman Gipp Greimann Grundberg
Hahn Hansen Hatch Heaton
Hoffman Horbach Houser Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
Rekow Reynolds Richardson Roberts
Scherrman Seng Shey Sievers
Smith Stevens Sukup Taylor, D.
Taylor, T. Teig Tremmel Tymeson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Winckler Wise Witt
Mr. Speaker
Siegrist

 


The nays were, none.


Absent or not voting, 3:
Foege Schrader Shoultz

 


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

Brunkhorst of Bremer called up for consideration Senate File
532, a bill for an act relating to matters related to the tobacco
settlement including the tobacco settlement authority, the tobacco
settlement trust fund, and the tobacco settlement endowment fund,
and providing an effective date, amended by the House, further
amended by the Senate and moved that the House concur in the
following Senate amendment H-1800 to the House amendment:

H-1800

1 Amend the House amendment, S-3568, to Senate File
2 532, as amended, passed, and reprinted by the Senate,
3 as follows:
4 1. Page 1, by striking lines 13 through 22.

The motion prevailed and the House concurred in the Senate
amendment H-1800, to the House amendment.

Brunkhorst of Bremer 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. 532)

The ayes were, 97:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Connors Cormack De Boef
Dix Dolecheck Dotzler Drake
Eddie Eichhorn Elgin Falck
Fallon Finch Ford Frevert
Garman Gipp Greimann Grundberg
Hahn Hansen Hatch Heaton
Hoffman Horbach Houser Hoversten
Huseman Huser Jacobs Jenkins
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Lensing Manternach Mascher May
Mertz Metcalf Millage Murphy
Myers O'Brien Osterhaus Petersen
Quirk Raecker Rants Rayhons
Rekow Reynolds Richardson Roberts
Scherrman Seng Shey Sievers
Smith Stevens Sukup Taylor, D.
Taylor, T. Teig Tremmel Tymeson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Winckler Wise Witt
Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 3:
Foege Schrader Shoultz

 


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

Elgin of Linn called up for consideration House File 579, a bill for
an act relating to the administration and management of the
department of personnel, amended by the following Senate
amendment H-1811:

H-1811

1 Amend House File 579 as follows:
2 1. Page 1, by inserting after line 11, the
3 following:
4 "Sec. . Section 19A.32, Code 2001, is amended
5 to read as follows:
6 19A.32 WORKERS' COMPENSATION CLAIMS.
7 The director shall employ appropriate staff to
8 handle and adjust claims of state employees for
9 workers' compensation benefits pursuant to chapters
10 85, 85A, 85B, and 86, or with the approval of the
11 executive council contract for the services or
12 purchase workers' compensation insurance coverage for
13 state employees or selected groups of state employees.
14 A state employee workers' compensation fund is
15 established to pay state employee workers'
16 compensation claims and administrative costs. The
17 department shall establish a rating formula and assess
18 premiums to all agencies, departments, and divisions
19 of the state including those which have not received

20 an appropriation for the payment of workers'
21 compensation insurance and which operate from moneys
22 other than from the general fund of the state. The
23 department shall collect the premiums and deposit them
24 into the state employee workers' compensation fund.
25 Notwithstanding section 8.33, moneys deposited in the
26 state employee workers' compensation fund shall not
27 revert to the general fund of the state at the end of
28 any fiscal year, but shall remain in the state
29 employee workers' compensation fund and be
30 continuously available to pay state employee workers'
31 compensation claims. The director of revenue and
32 finance is authorized and directed to draw warrants on
33 this fund for the payment of state employee workers'
34 compensation claims may, to the extent practicable,
35 contract with a private organization to handle the
36 processing and payment of claims and services rendered
37 under the provisions of this section."
38 2. Page 1, line 12, by striking the words and
39 figures "subsection 2, Code 2001, is" and inserting
40 the following: "subsections 2 and 3, Code 2001, are".
41 3. Page 1, line 15, by inserting after the word
42 "action" the following: ", diversity, and
43 multicultural".
44 4. Page 1, line 17, by striking the word
45 "governor." and inserting the following: "governor
46 and the general assembly. The report shall include
47 information identifying funding sources and itemized
48 costs, including administrative costs, for these
49 programs."
50 5. Page 1, by inserting after line 17, the

Page 2

1 following:
2 "3. The state board of regents shall submit an
3 annual report of the affirmative action, diversity,
4 and multicultural accomplishments of the board and its
5 institutions by January 31 of each year to the
6 department of management general assembly. The report
7 shall include information identifying funding sources
8 and itemized costs, including administrative costs,
9 for these programs."
10 6. Title page, line 2, by inserting after the
11 word "personnel" the following: "and the state board
12 of regents".
13 7. By renumbering, relettering, or redesignating
14 and correcting internal references as necessary.


Rants of Woodbury asked and received unanimous consent that
House File 579 be deferred and that the bill retain its place on the
calendar.

Sievers of Scott called up for consideration House File 713, a bill
for an act relating to the administration of county government by
providing for the issuance of certain lease or lease-purchase
contracts, the recording of certain property transfers, the striking of a
requirement to record returns of marriage with real estate
recordings, the imposition of a real estate installment contract fee,
and changing the date for reporting and paying agricultural land tax
credits and family farm tax credits, amended by the Senate, and
moved that the House concur in the following Senate amendment H-
1847:

H-1847

1 Amend House File 713, as passed by the House, as
2 follows:
3 1. Page 3, line 22, by striking the words
4 "issuance of" and inserting the following: "ordering
5 the parties to execute".
6 2. Page 3, line 22, by inserting after the word
7 "or" the following: "ordering".

The motion prevailed and the House concurred in the Senate
amendment H-1847.

Sievers of Scott moved that the bill, as amended by the Senate and
concurred in by the House, be read a last time now and placed upon
its passage which motion prevailed and the bill was read a last time.

On the question "Shall the bill pass?" (H.F. 713)

The ayes were, 96:
Alons Arnold Atteberry Barry
Baudler Bell Boal Boddicker
Boggess Bradley Brauns Broers
Brunkhorst Bukta Carroll Chiodo
Cohoon Cormack De Boef Dix
Dolecheck Dotzler Drake Eddie
Eichhorn Elgin Falck Fallon
Finch Ford Frevert Garman
Gipp Greimann Grundberg Hahn
Hansen Hatch Heaton Hoffman
Horbach Houser Hoversten Huseman
Huser Jacobs Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lensing
Manternach Mascher May Mertz
Metcalf Millage Murphy Myers
O'Brien Osterhaus Petersen Quirk
Raecker Rants Rayhons Rekow
Reynolds Richardson Roberts Scherrman
Seng Shey Sievers Smith
Stevens Sukup Taylor, D. Taylor, T.
Teig Tremmel Tymeson Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Winckler Wise Witt Mr. Speaker
Siegrist

 


The nays were, none.

Absent or not voting, 4:
Connors Foege Schrader Shoultz

 


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

Alons of Sioux called up for consideration House File 726, 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 office of drug control policy, and the
commission of veterans affairs, providing a criminal surcharge
increase, and providing an effective date, amended by the Senate
amendment H-1763:

H-1763

1 Amend House File 726, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 12, line 30, by striking the figure
4 "45,538,702" and inserting the following:
5 "47,268,500".
6 2. Page 12, line 31, by striking the figure
7 "889.84" and inserting the following: "823.85".
8 3. Page 13, by inserting after line 31 the
9 following:
10 "f. In an effort to improve public understanding
11 of the budget of the Iowa veterans home, and to
12 adequately meet the needs of the residents of the Iowa
13 veterans home, it is the intent of the general

14 assembly that the Iowa veterans home shall submit a
15 report by December 1, 2001, to the fiscal committee of
16 the legislative council regarding the funds
17 appropriated to the Iowa veterans home in the previous
18 fiscal year, and any further information the fiscal
19 committee may request."
20 4. Page 14, line 13, by striking the words ", up
21 to" and inserting the following: "shall be used".
22 5. Page 14, line 14, by striking the words "the
23 following amount,"
24 6. Page 14, by striking lines 19 and 20, and
25 inserting the following: "preventive services, and
26 financial management services."
27 7. By renumbering, relettering, or redesignating
28 and correcting internal references as necessary.

Alons of Sioux offered the following amendment H(1885, to the
Senate amendment H(1763, filed by him from the floor and moved its
adoption:

H-1885

1 Amend the Senate amendment, H-1763, to House File
2 726, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, line 7, by striking the figure
5 "823.85" and inserting the following: "845.00".

Amendment H(1885 was adopted.

Smith of Marshall asked and received unanimous consent to
withdraw amendment H-1833, to the Senate amendment H-1763,
filed by him from the floor.

On motion by Alons of Sioux the House concurred in the Senate
amendment H-1763, as amended.

Alons of Sioux 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. 726)

The ayes were, 57:
Alons Arnold Barry Baudler
Boal Boddicker Boggess Bradley
Brauns Broers Brunkhorst Carroll
De Boef Dix Dolecheck Drake
Eddie Eichhorn Elgin Finch
Garman Gipp Grundberg Hahn
Hansen Heaton Hoffman Horbach
Houser Hoversten Huseman Jacobs
Jenkins Johnson Kettering Klemme
Larson Manternach Metcalf Millage
Raecker Rants Rayhons Rekow
Roberts Shey Sievers Smith
Sukup Taylor, D. Teig Tymeson
Tyrrell Van Engelenhoven Van Fossen Weidman
Mr. Speaker
Siegrist

 


The nays were, 39:
Atteberry Bell Bukta Chiodo
Cohoon Cormack Dotzler Falck
Fallon Ford Frevert Greimann
Hatch Huser Jochum Kreiman
Kuhn Larkin Lensing Mascher
May Mertz Murphy Myers
O'Brien Osterhaus Petersen Quirk
Reynolds Richardson Scherrman Seng
Stevens Taylor, T. Tremmel Warnstadt
Winckler Wise Witt

 


Absent or not voting, 4:
Connors Foege Schrader Shoultz

 


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 726 be immediately messaged to the Senate.

ADOPTION OF THE REPORT OF THE
CONFERENCE COMMITTEE
(Senate File 203)

Brunkhorst of Bremer called up for consideration the report of the
conference committee on Senate File 203 and moved the adoption of
the conference committee report and the amendments contained
therein as follows:

REPORT OF THE CONFERENCE COMMITTEE ON SENATE FILE 203

To the President of the Senate and the Speaker of the House of Representatives:

We, the undersigned members of the conference committee appointed to resolve the
differences between the Senate and the House of Representatives on Senate File 203, a
bill for an act extending the regular program district cost guarantee for school districts,
and providing an effective date, respectfully make the following report:

1. That the Senate recedes from its amendment, H-1745.

2. That the House amendment, S-3535, to Senate File 203, as passed by the
Senate, is amended to read as follows:

1. Page 4, line 10, by inserting after the word "twelve" the following: ", and may
include a virtual academy".

2. By striking page 6, line 13, through page 9, line 10, and inserting the following:

"Sec. . Section 257.14, subsection 2, Code 2001, is amended by striking the
subsection and inserting in lieu thereof the following:

2. For the budget years commencing July 1, 2002, and July 1, 2003, if the
department of management determines that the regular program district cost of a
school district for a budget year is less than the total of the regular program district
cost plus any adjustment added under this section for the base year for that school
district, the school district shall be eligible to receive a budget adjustment for that
district for that budget year up to an amount equal to the difference. The board of
directors of a school district that wishes to receive a budget adjustment pursuant to
this subsection shall adopt a resolution to receive the budget adjustment and shall, by
April 1, annually, notify the department of management of the adoption of the
resolution and the amount of the budget adjustment to be received.

Sec. . Section 257.14, Code 2001, is amended by adding the following new
subsection:

NEW SUBSECTION. 3. For the budget year commencing July 1, 2004, and
succeeding budget years, if the department of management determines that the regular
program district cost of a school district for a budget year is less than one hundred one
percent of the regular program district cost for the base year for that school district, a
district shall be eligible for a budget adjustment corresponding to the following
schedule:

a. For the budget year commencing July 1, 2004, the greater of the difference
between the regular program district cost for the budget year and one hundred one
percent of the regular program district cost for the base year, or ninety percent of the
amount by which the budget guarantee as calculated for the budget year beginning
July 1, 2003, exceeds the adjusted guarantee amount. For purposes of this paragraph,
the "adjusted guarantee amount" means the amount which would be applicable for the
budget year beginning July 1, 2004, if the budget guarantee were determined for that
budget year as calculated for the budget year beginning July 1, 2003.


b. For the budget year commencing July 1, 2005, the greater of the difference
between the regular program district cost for the budget year and one hundred one
percent of the regular program district cost for the base year, or eighty percent of the
amount by which the budget guarantee as calculated for the budget year beginning
July 1, 2003, exceeds the adjusted guarantee amount. For purposes of this paragraph,
the "adjusted guarantee amount" means the amount which would be applicable for the
budget year beginning July 1, 2005, if the budget guarantee were determined for that
budget year as calculated for the budget year beginning July 1, 2003.

c. For the budget year commencing July 1, 2006, the greater of the difference between
the regular program district cost for the budget year and one hundred one percent of
the regular program district cost for the base year, or seventy percent of the amount by
which the budget guarantee as calculated for the budget year beginning July 1, 2003,
exceeds the adjusted guarantee amount. For purposes of this paragraph, the "adjusted
guarantee amount" means the amount which would be applicable for the budget year
beginning July 1, 2006, if the budget guarantee were determined for that budget year
as calculated for the budget year beginning July 1, 2003.

d. For the budget year commencing July 1, 2007, the greater of the difference
between the regular program district cost for the budget year and one hundred one
percent of the regular program district cost for the base year, or sixty percent of the
amount by which the budget guarantee as calculated for the budget year beginning
July 1, 2003, exceeds the adjusted guarantee amount. For purposes of this paragraph,
the "adjusted guarantee amount" means the amount which would be applicable for the
budget year beginning July 1, 2007, if the budget guarantee were determined for that
budget year as calculated for the budget year beginning July 1, 2003.

e. For the budget year commencing July 1, 2008, the greater of the difference between
the regular program district cost for the budget year and one hundred one percent of
the regular program district cost for the base year, or fifty percent of the amount by
which the budget guarantee as calculated for the budget year beginning July 1, 2003,
exceeds the adjusted guarantee amount. For purposes of this paragraph, the "adjusted
guarantee amount" means the amount which would be applicable for the budget year
beginning July 1, 2008, if the budget guarantee were determined for that budget year
as calculated for the budget year beginning July 1, 2003.

f. For the budget year commencing July 1, 2009, the greater of the difference
between the regular program district cost for the budget year and one hundred one
percent of the regular program district cost for the base year, or forty percent of the
amount by which the budget guarantee as calculated for the budget year beginning
July 1, 2003, exceeds the adjusted guarantee amount. For purposes of this paragraph,
the "adjusted guarantee amount" means the amount which would be applicable for the
budget year beginning July 1, 2009, if the budget guarantee were determined for that
budget year as calculated for the budget year beginning July 1, 2003.

g. For the budget year commencing July 1, 2010, the greater of the difference
between the regular program district cost for the budget year and one hundred one
percent of the regular program district cost for the base year, or thirty percent of the
amount by which the budget guarantee as calculated for the budget year beginning
July 1, 2003, exceeds the adjusted guarantee amount. For purposes of this paragraph,
the "adjusted guarantee amount" means the amount which would be applicable for the

budget year beginning July 1, 2010, if the budget guarantee were determined for that
budget year as calculated for the budget year beginning July 1, 2003.

h. For the budget year commencing July 1, 2011, the greater of the difference
between the regular program district cost for the budget year and one hundred one
percent of the regular program district cost for the base year, or twenty percent of the
amount by which the budget guarantee as calculated for the budget year beginning
July 1, 2003, exceeds the adjusted guarantee amount. For purposes of this paragraph,
the "adjusted guarantee amount" means the amount which would be applicable for the
budget year beginning July 1, 2011, if the budget guarantee were determined for that
budget year as calculated for the budget year beginning July 1, 2003.

i. For the budget year commencing July 1, 2012, the greater of the difference
between the regular program district cost for the budget year and one hundred one
percent of the regular program district cost for the base year, or ten percent of the
amount by which the budget guarantee as calculated for the budget year beginning
July 1, 2003, exceeds the adjusted guarantee amount. For purposes of this paragraph,
the "adjusted guarantee amount" means the amount which would be applicable for the
budget year beginning July 1, 2012, if the budget guarantee were determined for that
budget year as calculated for the budget year beginning July 1, 2003.

j. For the budget year commencing July 1, 2013, and each budget year thereafter,
the difference between the regular program district cost for the budget year and one
hundred one percent of the regular program district cost for the base year.

For the purposes of this subsection, a school district shall be eligible to apply the
eighty, seventy, sixty, fifty, forty, thirty, twenty, and ten percent provisions in
paragraphs "b" through "i", only if the school district received a budget adjustment for
the budget year beginning July 1, 2004, based on the ninety percent provision in
paragraph "a".

The board of directors of a school district that wishes to receive a budget
adjustment pursuant to this subsection shall adopt a resolution to receive the budget
adjustment and shall, by April 1, annually, notify the department of management of
the adoption of the resolution and the amount of the budget adjustment to be received."

3. By renumbering as necessary.

ON THE PART OF THE HOUSE: ON THE PART OF THE SENATE:

BOB BRUNKHORST, Chair NANCY BOETTGER, Chair
CARMINE BOAL JEFF ANGELO
BETTY GRUNDBERG MICHAEL CONNOLLY
MARY MASCHER JACK KIBBIE
PHIL WISE JOHN REDWINE

The motion prevailed and the conference committee report was
adopted.


Brunkhorst of Bremer 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. 203)

The ayes were, 82:
Atteberry Barry Baudler Bell
Boal Boggess Bradley Brauns
Broers Brunkhorst Bukta Carroll
Chiodo Cohoon Cormack Dix
Dotzler Eddie Eichhorn Elgin
Falck Finch Ford Frevert
Gipp Greimann Grundberg Hahn
Hansen Hatch Heaton Hoffman
Hoversten Huseman Huser Jacobs
Jenkins Jochum Johnson Klemme
Kuhn Larkin Larson Lensing
Mascher May Mertz Metcalf
Murphy Myers O'Brien Osterhaus
Petersen Quirk Raecker Rants
Rayhons Rekow Reynolds Richardson
Roberts Scherrman Seng Shey
Sievers Smith Stevens Sukup
Taylor, D. Taylor, T. Teig Tremmel
Tymeson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Winckler Wise
Witt Mr. Speaker
Siegrist

 


The nays were, 14:
Alons Arnold Boddicker De Boef
Dolecheck Drake Fallon Garman
Horbach Houser Kettering Kreiman
Manternach Millage

 


Absent or not voting, 4:
Connors Foege Schrader Shoultz

 

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

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that

the following bills be immediately messaged to the Senate: House
File 713 and Senate Files 203 and 458.

MOTIONS TO RECONSIDER
(House File 718)

I move to reconsider the vote by which House File 718 passed the
House on May 1, 2001.

RANTS of Woodbury

(House File 723)

I move to reconsider the vote by which House File 723 passed the
House on May 1, 2001.

MILLAGE of Scott

(House File 743)

I move to reconsider the vote by which House File 743 passed the
House on May 1, 2001.

MILLAGE of Scott

(Senate File 530)

I move to reconsider the vote by which Senate File 530 passed the
House on May 1, 2001.

RANTS of Woodbury

(Senate File 532)

I move to reconsider the vote by which Senate File 532 passed the
House on May 1, 2001.

BRUNKHORST of Bremer


EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on May 1, 2001.
Had I been present, I would have voted "aye" on House File 743.

BRUNKHORST of Bremer

I was necessarily absent from the House chamber on April 26 and
27, 2001. Had I been present, I would have voted "aye" on House
Files 502, 564, 656, 727 and Senate Files 350, 499, 526, 528, 532, 533
and "nay" on Senate File 531.

MERTZ of Kossuth

I was necessarily absent from the House chamber on May 1, 2001.
Had I been present, I would have voted "aye" on House Files 723 and
743.

SHEY of Linn

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 1st day of May, 2001: House Files 180, 354, 674, 705 and 715.

MARGARET A. THOMSON
Chief Clerk of the House

Report adopted.

BILLS SIGNED BY THE GOVERNOR

A communication was received from the Governor announcing that
on April 30, 2001, he approved and transmitted to the Secretary of
State the following bills:

House File 73, an act relating to the performance of honor guard services on public
property by recognized military veterans organizations.


House File 707, an act establishing an interstate distribution center initiative by
identifying an activity of a foreign corporation for which a return is not required for
state income tax purposes and including effective and retroactive applicability date
provisions.

Senate File 84, an act prohibiting the sale or distribution of purple loosestrife.

Senate File 184, an act relating to duties of the county sheriff by increasing the fees
and expenses collected by the county sheriff for various services and the release of a
garnishment.

Senate File 242, an act relating to the rules regarding the authentication of
practitioners' medication and standing orders in hospitals and providing for a repeal.

Senate File 265, an act prohibiting the installation, distribution, or sale of
nonoperative air bags and providing a penalty.

Senate File 313, an act relating to removal of county board of supervisor
appointees.

CERTIFICATES OF RECOGNITION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.

MARGARET A. THOMSON
Chief Clerk of the House

2001\1106 Paul Finnegan, Guthrie Center - For celebrating his 90th birthday.

2001\1107 Marietta Holste, Bridgewater - For celebrating her 80th birthday.

2001\1108 Cash Crawford, Winterset - For celebrating his 100th birthday.

2001\1109 Norma and Paul Rose, Newton - For celebrating their 50th wedding
anniversary.

2001\1110 Anna Bott, Clinton - For celebrating her 90th birthday.

2001\1111 Mulberry Elementary School, Muscatine - For their project being
chosen as an exemplary project using technology in the State-Wide
Showcase on Educational Technology Project and winning a $1000
reward.

2001\1112 John J. Van Weelden, Oskaloosa - For celebrating his 85th birthday.

2001\1113 Matthew Walker Morgan, Kalona - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.


2001\1114 Big Daddy, Des Moines - For contributing $38,358 to the Food Bank
of Central Iowa in the year 2000.

2001\1115 Lucile and Virgil Hunemuller, Waterloo - For celebrating their 50th
wedding anniversary.

2001\1116 Harold Jarrett, Evansdale - For celebrating his 80th birthday.

2001\1117 Heidi Caylor, Dubuque - For receiving a I rating at the State Piano
Competition.

2001\1118 Brian Klinge, Dubuque - For receiving a I rating and being Runner-
Up at the State Piano Competition.

2001\1119 Rachel Munn, Dubuque - For receiving a I rating at the State Piano
Competition.

2001\1120 Michael Bagby, Dubuque - For receiving a I rating at the State
Piano Competition.

2001\1121 David Murray, Dubuque - For receiving a I rating at the State
Piano Competition.

2001\1122 Tim Walker, Dubuque - For winning 3rd Place in the Wind
Ensemble Young Performers Solo Competition.

2001\1123 Jennifer Sturm, Washington - For being the Iowa High School
Journalist of the Year.

2001\1124 James Turner, Rockwell - For his 38 years of dedicated teaching in
the Rockwell-Swaledale Community School District.

2001\1125 Brooke Vittetoe, Washington - For winning the DAR Good Citizen
Award.

SUBCOMMITTEE ASSIGNMENT

House File 745
(Committee of the Whole)

Agriculture: Klemme, Chair; De Boef, Kuhn, Alons, Atteberry, Baudler, Boggess,
Fallon, Frevert, Houser, Huseman, Johnson, Kreiman, Manternach, May, Mertz,
Rayhons, Rekow, Scherrman, Schrader and Teig.


HOUSE STUDY BILL COMMITTEE ASSIGNMENT

H.S.B. 262 Appropriations

Relating to public expenditure and regulatory matters, making and
reducing appropriations, and including effective date and retroactive
applicability provisions.

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.

MARGARET A. THOMSON
Chief Clerk of the House

COMMITTEE ON ADMINISTRATION AND RULES

Senate Concurrent Resolution 2, a concurrent resolution to approve and
confirm the appointment of the Citizens' Aide.

Fiscal Note is not required.

Recommended Do Pass May 1, 2001.

Committee Bill (Formerly House Study Bill 208), relating to an annual budget for
the daily operations of the House of Representatives.

Fiscal Note is not required.

Recommended Amend and Do Pass May 1, 2001.

COMMITTEE ON AGRICULTURE

House File 745, a bill for an act regulating infectious and contagious diseases in
animals, providing for the indemnification of owners, and providing an effective date.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-1823 May 1, 2001.

COMMITTEE ON WAYS AND MEANS

Senate File 523, a bill for an act relating to the size of an estate that may be
distributed by affidavit, making related inheritance tax changes, and providing for the
Act's applicability.


Fiscal Note is not required.

Recommended Do Pass April 27, 2001.

RESOLUTIONS FILED

HCR 36, by Warnstadt and Richardson, a concurrent resolution
urging Iowa's congressional delegation to support a federal
appropriation to implement the Teaching America's History program.

Laid over under Rule 25.

HR 45, by Ford, Hansen, Metcalf, Myers, Cormack, Rants, Chiodo,
Siegrist, Finch, Hatch, Brunkhorst, Huser, Bukta, and Greimann, a
resolution designating June 16, 2001, as Juneteenth National
Freedom Day.

Laid over under Rule 25.

HR 46, by Committee on Administration and Rules, a resolution
relating to an annual budget for the daily operations of the House of
Representatives.

Placed on the calendar.

SCR 18, by Connolly, a concurrent resolution honoring Brigadier
General John A. Tymeson upon the occasion of his retirement.

Laid over under Rule 25.

SCR 27, by Connolly, a concurrent resolution urging Iowa's
congressional delegation to support a federal appropriation to
implement the Teaching America's History program.

Laid over under Rule 25.

AMENDMENTS FILED

H-1799 H.F. 714 Sukup of Franklin
H-1801 S.F. 537 Heaton of Henry
H-1802 S.F. 535 Witt of Black Hawk
H-1803 S.F. 165 Connors of Polk

H-1805 S.F. 165 Reynolds of Van Buren
H-1806 S.F. 165 Reynolds of Van Buren
H-1807 S.F. 165 Reynolds of Van Buren
H-1808 S.F. 535 Stevens of Dickinson
H-1810 H.F. 719 Senate Amendment
H-1812 H.F. 746 Millage of Scott
H-1814 S.F. 165 Fallon of Polk
Reynolds of Van Buren
Chiodo of Polk
H-1815 S.F. 535 Mascher of Johnson
H-1816 S.F. 535 Frevert of Palo Alto
H-1817 S.F. 535 Kuhn of Floyd
H-1821 S.F. 165 Warnstadt of Woodbury
H-1822 S.F. 165 Richardson of Warren
H-1823 H.F. 745 Committee on Agriculture
H-1824 H.F. 714 Alons of Sioux
H-1825 H.F. 714 Warnstadt of Woodbury
H-1830 S.F. 537 Seng of Scott
H-1831 S.F. 521 Warnstadt of Woodbury
H-1832 S.F. 535 Myers of Johnson
H-1834 S.F. 514 O'Brien of Boone
H-1835 S.F. 516 Richardson of Warren
H-1836 S.F. 516 Richardson of Warren
H-1838 S.F. 535 Alons of Sioux
Broers of Cerro Gordo Eddie of Buena Vista
Kettering of Sac Van Engelenhoven of Mahaska
Klemme of Plymouth Raecker of Polk
Tyrrell of Iowa
H-1839 S.F. 516 Jochum of Dubuque
H-1841 H.F. 714 Jochum of Dubuque
H-1842 S.F. 514 Jochum of Dubuque
H-1843 S.F. 514 Winckler of Scott
H-1844 S.F. 514 Winckler of Scott
H-1845 S.F. 516 Kreiman of Davis
H-1846 H.F. 714 Kreiman of Davis
H-1847 H.F. 713 Senate Amendment
H-1849 H.F. 747 Sievers of Scott
Cormack of Webster Witt of Black Hawk
Raecker of Polk Brunkhorst of Bremer
Garman of Story Schrader of Marion
Tyrrell of Iowa Johnson of Osceola

H-1850 H.F. 747 Raecker of Polk
H-1851 H.F. 747 Raecker of Polk
Brunkhorst of Bremer Alons of Sioux
Johnson of Osceola Boal of Polk
H-1852 H.F. 747 Cormack of Webster
Witt of Black Hawk Sievers of Scott
Brunkhorst of Bremer Garman of Story
Carroll of Poweshiek Tyrrell of Iowa
Johnson of Osceola Van Engelenhoven of Mahaska
H-1853 H.F. 747 Raecker of Polk
Witt of Black Hawk Brunkhorst of Bremer
Garman of Story Schrader of Marion
Tyrrell of Iowa Kreiman of Davis
Johnson of Osceola Van Engelenhoven of Mahaska
Boal of Polk
H-1854 H.F. 747 Boddicker of Cedar
Raecker of Polk
H-1855 H.F. 732 Senate Amendment
H-1856 H.F. 747 Fallon of Polk
Witt of Black Hawk
Raecker of Polk
H-1857 H.F. 747 Witt of Black Hawk
H-1858 H.F. 747 Fallon of Polk
H-1859 H.F. 747 Garman of Story
H-1860 H.F. 747 Brunkhorst of Bremer
Raecker of Polk
H-1861 H.F. 747 Raecker of Polk
Witt of Black Hawk Fallon of Polk
Sukup of Franklin Brunkhorst of Bremer
Garman of Story Carroll of Poweshiek
Tyrrell of Iowa Kreiman of Davis
Johnson of Osceola Van Engelenhoven of Mahaska
Richardson of Warren Boal of Polk
H-1862 S.F. 514 Frevert of Palo Alto
H-1863 H.F. 719 Millage of Scott
H-1864 S.F. 521 Kreiman of Davis
H-1865 S.F. 514 Richardson of Warren
H-1866 S.F. 514 Osterhaus of Jackson
H-1867 S.F. 514 Richardson of Warren
H-1868 S.F. 514 Reynolds of Van Buren
H-1869 S.F. 514 Reynolds of Van Buren

H-1870 S.F. 514 Connors of Polk
H-1871 S.F. 514 Winckler of Scott
H-1872 S.F. 514 Osterhaus of Jackson
H-1873 H.F. 745 Klemme of Plymouth
Mertz of Kossuth
H-1874 S.F. 514 Greimann of Story
H-1875 H.F. 714 Kreiman of Davis
H-1876 H.F. 719 Jenkins of Black Hawk
H-1877 H.F. 745 Kreiman of Davis
H-1878 H.F. 745 Kreiman of Davis
H-1879 H.F. 719 Jenkins of Black Hawk
H-1880 S.F. 514 Tremmel of Wapello
H-1881 S.F. 514 Greimann of Story
H-1882 S.F. 514 Bukta of Clinton
H-1883 S.F. 514 Kreiman of Davis
Arnold of Lucas
H-1884 S.F. 514 Houser of Pottawattamie
Hansen of Pottawattamie
Drake of Pottawattamie
H-1886 S.F. 535 Tymeson of Madison
H-1887 H.F. 746 Millage of Scott

On motion by Rants of Woodbury the House adjourned at 9:37
p.m., until 8:45 a.m., Wednesday, May 2, 2001.


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