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House Journal: Tuesday, April 9, 2002

JOURNAL OF THE HOUSE

Eighty-sixth Calendar Day - Fifty-ninth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, April 9, 2002

The House met pursuant to adjournment at 9:13 a.m., Gipp of
Winneshiek in the chair.

Prayer was offered by Reverend Jim Wakelin, pastor of the
Bloomfield Christian Church, Bloomfield. He was the guest of
Representative Keith Kreiman of Davis County.

The Journal of Monday, April 8, 2002 was approved.

PETITION FILED

The following petition was received and placed on file:

By Wise of Lee from five hundred ten constituents opposing the
introduction of legislation prohibiting the sale of paintball markers to
anyone under twenty-one years of age.

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 8, 2002, concurred in the House amendment and passed the following bill in
which the concurrence of the Senate was asked:

Senate File 2190, a bill for an act concerning workers' compensation.

MICHAEL E. MARSHALL, Secretary

SENATE MESSAGE CONSIDERED

Senate File 2321, by committee on ways and means, a bill for an
act relating to sales and use taxes by requiring the department of
revenue and finance to collect data on the extent and the effect on
taxes of electronic commerce in the state, striking the repeal of the
tax treatment of sales where the substance of the transaction is
delivered by electronic waves, digitally, or by way of cable or fiber

optics, and establishing a committee to enter into multistate
discussions on the simplification of the sales and use taxes and
including an effective date.

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

SPECIAL PRESENTATION

Dolecheck of Ringgold introduced to the House, Julie Nixon
Eisenhower, an author, editor and public speaker who has lectured
extensively throughout the United States. She is the daughter of
former President Richard Nixon and granddaughter of former
President Eisenhower. She was in Iowa talking about the success of
the Iowa JAG program, a program that assists over 1300 at-risk Iowa
students to graduate. She briefly addressed the House, thanking
them for their service as legislators and spoke about the JAG
program.

The House rose and expressed its welcome.

CONSIDERATION OF BILLS
Unfinished Business Calendar

Senate File 2034, a bill for an act relating to the filing of a
criminal indictment or trial information against a person who is not
present in the state, with report of committee recommending passage,
was taken up for consideration.

Grundberg of Polk asked and received unanimous consent to
withdraw amendment H-8338 filed by her on March 19, 2002, placing
out of order amendment H-8393 filed by Tremmel of Wapello on
March 20, 2002.

Ford of Polk asked and received unanimous consent to withdraw
amendment H-8405 filed by him on March 20, 2002.

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

On the question "Shall the bill pass?" (S.F. 2034)

The ayes were, 98:

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

The nays were, none.

Absent or not voting, 2:

Shey	Teig

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

SENATE AMENDMENTS CONSIDERED

Brunkhorst of Bremer called up for consideration Senate File
2228, a bill for an act relating to utilization of school district moneys
for physical plant and equipment levy purposes, amended by the
House, further amended by the Senate and moved that the House
concur in the following Senate amendment H-8543, to the House
amendment:

H-8543

1 Amend the House amendment, S-5280, to Senate File
2 2228, as passed by the Senate, as follows:
3 1. Page 1, by inserting after line 2 the
4 following:
5 " . Page 1, by striking line 3 and inserting
6 the following:
7 "3. The purchase of buildings and the purchase,
8 lease, or lease-purchase of a single"."
9 2. By renumbering as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-8543, 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. 2228)

The ayes were, 98:

Alons	Arnold	Atteberry	Baudler
Bell	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Bukta	Carroll	Chiodo	Cohoon
Connors	Cormack	De Boef	Dix
Dolecheck	Dotzler	Drake	Eddie
Eichhorn	Elgin	Fallon	Finch
Foege	Ford	Frevert	Garman
Greimann	Grundberg	Hahn	Hansen
Hatch	Heaton	Hoffman	Horbach
Hoversten	Huseman	Huser	Jacobs
Jenkins	Jochum	Johnson	Jones
Kettering	Klemme	Kreiman	Kuhn
Larkin	Larson	Lensing	Manternach
Mascher	May	Mertz	Metcalf
Millage	Murphy	Myers	O'Brien
Osterhaus	Petersen	Quirk	Raecker
Rants	Rayhons	Reeder	Rekow
Reynolds	Richardson	Roberts	Scherrman
Schrader	Seng	Shoultz	Siegrist, Spkr.
Sievers	Smith	Stevens	Sukup
Taylor, D.	Taylor, T.	Tremmel	Tymeson
Tyrrell	Van Engelenhoven	Van Fossen	Warnstadt
Weidman	Wilderdyke	Winckler	Wise
Witt	Gipp,
	Presiding
The nays were, none.

Absent or not voting, 2:

Shey	Teig

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

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: Senate
Files 2034 and 2228.

Carroll of Poweshiek called up for consideration House File 2416,
a bill for an act relating to mental health and developmental
disability services requirements, amended by the Senate, and moved
that the House concur in the following Senate amendment H-8528:

H-8528

1 Amend House File 2416, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, by inserting after line 35 the
4 following:
5 "Sec. . Section 249A.20, Code 2001, is amended
6 by adding the following new unnumbered paragraph:
7 NEW UNNUMBERED PARAGRAPH. A provider reimbursed
8 under section 249A.31 is not a noninstitutional health
9 provider.
10 Sec. . Section 249A.26, Code Supplement 2001,
11 is amended by adding the following new subsection:
12 NEW SUBSECTION. 4. The county of legal settlement
13 shall pay for one hundred percent of the nonfederal
14 share of the cost of services provided to persons with
15 chronic mental illness implemented under the adult
16 rehabilitation option of the state medical assistance
17 plan. The state shall pay for one hundred percent of
18 the nonfederal share of the cost of such services
19 provided to such persons without a county of legal
20 settlement."
21 2. Page 2, by inserting after line 18 the
22 following:
23 "Sec. . NEW SECTION. 249A.31 COST-BASED
24 REIMBURSEMENT - MENTAL HEALTH AND DEVELOPMENTAL
25 DISABILITIES PROVIDERS.
26 All of the following shall receive cost-based

27 reimbursement for one hundred percent of the
28 reasonable costs for the provision of services to
29 recipients of medical assistance:
30 1. Providers of individual case management
31 services for persons with mental retardation, a
32 developmental disability, or chronic mental illness in
33 accordance with standards adopted by the mental health
34 and developmental disabilities commission pursuant to
35 section 225C.6.
36 2. Providers of services to persons with chronic
37 mental illness implemented under the adult
38 rehabilitation option of the state medical assistance
39 plan."
40 3. Page 3, by inserting before line 29 the
41 following:
42 "Sec. . EFFECTIVE DATE. The provisions of this
43 division of this Act amending and enacting sections
44 249A.20, 249A.26, and 249A.31, being deemed of
45 immediate importance, take effect upon enactment."
46 4. Title page, line 2, by inserting after the
47 word "requirements" the following: "and providing an
48 effective date".
49 5. By renumbering as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-8528.

Carroll of Poweshiek 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. 2416)

The ayes were, 98:

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

The nays were, none.

Absent or not voting, 2:

Shey	Teig

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

Carroll of Poweshiek called up for consideration House File 2430,
a bill for an act providing for the mental health and developmental
disabilities commission to assume the duties of the state-county
management committee and provides new rulemaking authority
associated with those duties, amended by the Senate amendment
H-8535 as follows:

H-8535

1 Amend House File 2430, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, line 22, by inserting before the word
4 "Members" the following: "The commission shall meet
5 at least four times per year."
6 2. Page 2, line 5, by inserting before the word
7 "association" the following: "Iowa".
8 3. Page 2, by striking lines 19 through 21 and
9 inserting the following:
10 "h. Three members shall be service consumers or
11 family members of service consumers. Of these
12 members, one shall be a service consumer, one shall be
13 a parent of a child service consumer, and one shall be
14 a parent or other family member of a person admitted
15 to and living at a state resource center."
16 4. Page 2, line 23, by inserting after the word
17 "advocates." the following: "Of these members, one

18 shall be an active member of a statewide organization
19 for persons with brain injury."
20 5. Page 3, by inserting after line 2 the
21 following:
22 "Sec. . Section 225C.6, Code Supplement 2001,
23 is amended by adding the following new subsection:
24 NEW SUBSECTION. 3. If the executive branch
25 creates a committee, task force, council, or other
26 advisory body to consider mental health and
27 developmental disabilities policy, services, or
28 program options involving children or adult consumers,
29 the commission is designated to receive and consider
30 any report, findings, recommendations, or other work
31 product issued by such body. The commission may
32 address the report, findings, recommendations, or
33 other work product in fulfilling the commission's
34 functions and to advise the department, council on
35 human services, governor, and general assembly
36 concerning disability services."
37 6. Page 11, line 30, by inserting after the word
38 "official," the following: "a representative of a
39 provider of mental health or developmental
40 disabilities services selected from nominees submitted
41 by the Iowa association of community providers,".
42 7. Page 12, by inserting after line 30, the
43 following:
44 "Sec. . RESIDENT ADVOCATE COMMITTEES - REPORT.
45 The mental health and developmental disabilities
46 commission in consultation with the state long-term
47 care resident's advocate and the governor's
48 developmental disabilities council shall submit a
49 report to the general assembly by January 1, 2003,
50 regarding the continuation of resident advocate

Page 2

1 committees for residential care facilities licensed to
2 serve persons with mental illness or mental
3 retardation."
4 8. Page 12, by inserting after line 30 the
5 following:
6 "Sec. . APPLICABILITY. The requirements of
7 section 225C.6, subsection 3, as enacted by this Act,
8 apply to the findings, report, recommendations, or
9 other work product issued by a committee, task force,
10 council, or other advisory body created prior to July
11 1, 2002."
12 9. Title page, line 3, by striking the word
13 "provides" and inserting the following: "providing".
14 10. Title page, line 4, by inserting after the
15 word "duties" the following: "and including an
16 applicability provision".

17 11. By renumbering, relettering, or redesignating
18 and correcting internal references as necessary.

Carroll of Poweshiek offered the following amendment H-8548, to
the Senate amendment H-8535, filed by him from the floor and moved
its adoption:

H-8548

1 Amend the Senate amendment, H-8535, to House File
2 2430, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by inserting after line 41 the
5 following:
6 " . Page 12, by striking lines 22 through 30
7 and inserting the following:
8 "Sec. . COMMISSION TRANSITION. Effective
9 November 1, 2002, the terms of all voting members of
10 the mental health and developmental disabilities
11 commission shall terminate. The governor shall
12 appoint voting members to the mental health and
13 developmental disabilities commission for terms
14 commencing November 1, 2002, to reflect the
15 requirements of section 225C.5, as amended by this
16 Act, including but not limited to the requirement for
17 staggered terms.""
18 2. By renumbering as necessary.

Amendment H-8548 was adopted.

On motion by Carroll of Poweshiek, the House concurred in the
Senate amendment H-8535, as amended.

Carroll of Poweshiek 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. 2430)

The ayes were, 97:

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

The nays were, none.

Absent or not voting, 3:

Shey	Teig	Wise

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
Files 2416 and 2430.

Appropriations Calendar

Senate File 2323, a bill for an act relating to the creation of a
registered nurse recruitment program and fund to be administered by
the college student aid commission, with report of committee
recommending amendment and passage, was taken up for
consideration.

Drake of Pottawattamie offered amendment H-8527 filed by the
committee on appropriations as follows:

H-8527

1 Amend Senate File 2323, as passed by the Senate, as
2 follows:
3 1. Page 2, line 6, by striking the words
4 "medically underserved rural".
5 2. Page 2, line 10, by striking the words
6 "medically underserved rural".
7 3. Page 2, line 14, by striking the words
8 "medically underserved".
9 4. Page 2, line 17, by striking the words
10 "medically underserved".
11 5. Page 2, lines 21 and 22, by striking the words
12 "medically underserved".
13 6. Page 2, line 26, by striking the words
14 "medically underserved".
15 7. Page 2, by striking line 28 and inserting the
16 following: "community" means a".
17 8. Page 2, line 29, by striking the word "rural".

Drake of Pottawattamie offered the following amendment H-8547,
to the committee amendment H-8527, filed by him and Mascher of
Johnson from the floor and moved its adoption:

H-8547

1 Amend the amendment, H-8527, to Senate File 2323,
2 as passed by the Senate, as follows:
3 1. Page 1, by inserting after line 2 the
4 following:
5 " . Page 1, line 18, by striking the word "a"
6 and inserting the following: "an accredited".
7 . Page 1, by striking line 19 ,and inserting
8 the following: "this state, on a full-time or part-
9 time basis in a course of study leading to a
10 collegiate or associate degree of nursing, a diploma
11 in nursing, or a graduate or equivalent degree in
12 nursing, if the".
13 . Page 1, line 29, by striking the words
14 "registered nurse" and inserting the following:
15 "student".
16 . Page 1, by striking lines 32 and 33, and
17 inserting the following:
18 "3. A student enrolled at an accredited school of
19 nursing, which is located in this state, on a full-
20 time or part-time basis in a course of study leading
21 to a collegiate or associate degree of nursing, a
22 diploma in nursing, or a graduate or equivalent degree
23 in nursing, shall be eligible for a tuition"."
24 2. Page 1, by inserting after line 6 the
25 following:

26 " . Page 2, line 13, by inserting after the
27 words "registered nurse" the following: "has received
28 from an accredited school of nursing located in this
29 state a collegiate or associate degree of nursing, a
30 diploma in nursing, or a graduate or equivalent degree
31 in nursing and"."
32 3. Page 1, by striking lines 7 through 10, and
33 inserting the following:
34 " . Page 2, by striking lines 14 through 17 and
35 inserting the following: "practice in an eligible"."
36 4. By renumbering as necessary.

Amendment H-8547 was adopted.

On motion by Drake of Pottawattamie the committee amendment
H-8527, as amended, was adopted.

Mascher of Johnson offered the following amendment H-8555 filed
by her from the floor and moved its adoption:

H-8555

1 Amend Senate File 2323, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Sec. . ECONOMIC EMERGENCY FUND APPROPRIATION.
6 There is appropriated from the Iowa economic emergency
7 fund created in section 8.55 to the college student
8 aid commission for the fiscal year beginning July 1,
9 2002, and ending June 30, 2003, the following amount,
10 or so much thereof as is necessary, to be used for the
11 purposes designated:
12 For the registered nurse recruitment program
13 established as provided in this Act:
14 $ 99,000
15 Moneys appropriated in this section are declared to
16 be appropriated for emergency expenditures as required
17 in section 8.55, subsection 3, paragraph "a"."
18 2. Title page, line 3, by inserting after the
19 word "commission" the following: "and making an
20 appropriation".
21 3. By renumbering as necessary.

Roll call was requested by Mascher of Johnson and Bukta of
Clinton.

On the question "Shall amendment H-8555 be adopted?" (S.F.
2323)

The ayes were, 46:

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

The nays were, 51:

Alons	Arnold	Baudler	Boal
Boddicker	Boggess	Bradley	Brauns
Broers	Brunkhorst	Carroll	Cormack
De Boef	Dix	Dolecheck	Drake
Eddie	Eichhorn	Elgin	Grundberg
Hahn	Hansen	Heaton	Hoffman
Horbach	Hoversten	Huseman	Jacobs
Jenkins	Johnson	Jones	Kettering
Klemme	Larson	Manternach	Metcalf
Millage	Raecker	Rants	Rayhons
Rekow	Roberts	Siegrist, Spkr.	Sievers
Sukup	Tymeson	Tyrrell	Van Fossen
Weidman	Wilderdyke	Gipp,
		Presiding

Absent or not voting, 3:

Shey	Teig	Van Engelenhoven

Amendment H-8555 lost.

Drake of Pottawattamie 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. 2323)

The ayes were, 96:

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

The nays were, none.

Absent or not voting, 4:

Shey	Teig	Van Engelenhoven	Witt

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

MOTION TO RECONSIDER WITHDRAWN
(Amendment H-8451 to Senate File 2118)

Hansen of Pottawattamie asked and received unanimous consent
to withdraw the motion to reconsider amendment H-8451 to Senate
File 2118, a bill for an act prohibiting certain activities related to the
use or destruction of the materials of human reproduction, and
providing penalties, filed by him on March 28, 2002.

Unfinished Business Calendar

The House resumed consideration of Senate File 2118, a bill for
an act prohibiting certain activities related to the use or destruction
of the materials of human reproduction, and providing penalties,
previously deferred and found on pages 1070-1074 of the House
Journal.

Boddicker of Cedar 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. 2118)

The ayes were, 93:

Alons	Arnold	Atteberry	Baudler
Bell	Boal	Boddicker	Boggess
Bradley	Brauns	Broers	Brunkhorst
Bukta	Carroll	Chiodo	Cohoon
Connors	Cormack	De Boef	Dix
Dolecheck	Dotzler	Drake	Eddie
Eichhorn	Elgin	Fallon	Finch
Foege	Ford	Frevert	Greimann
Grundberg	Hahn	Hansen	Hatch
Heaton	Hoffman	Horbach	Hoversten
Huseman	Huser	Jacobs	Jenkins
Jochum	Johnson	Jones	Kettering
Klemme	Kreiman	Kuhn	Larkin
Lensing	Manternach	May	Mertz
Metcalf	Millage	Murphy	Myers
Petersen	Quirk	Raecker	Rants
Rayhons	Reeder	Rekow	Reynolds
Richardson	Roberts	Scherrman	Schrader
Seng	Shoultz	Siegrist, Spkr.	Sievers
Smith	Stevens	Sukup	Taylor, D.
Taylor, T.	Tremmel	Tymeson	Tyrrell
Van Engelenhoven	Van Fossen	Warnstadt	Weidman
Wilderdyke	Winckler	Wise	Witt
Gipp,
Presiding

The nays were, 3:

Mascher	O'Brien	Osterhaus

Absent or not voting, 4:

Garman	Larson	Shey	Teig

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

Appropriations Calendar

Senate File 2326, a bill for an act making, reducing, and
transferring appropriations, and providing for other properly related

matters and including effective dates, with report of committee
recommending passage, was taken up for consideration.

The House stood at ease at 10:38 a.m., until the fall of the gavel.

The House resumed session at 11:56 a.m., Van Fossen of Scott in
the chair.

On motion by Rants of Woodbury, the House was recessed at 11:57
a.m., until 1:30 p.m. (Senate File 2326 pending)

AFTERNOON SESSION

The House reconvened at 1:36 p.m., Dix of Butler in the chair.

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-nine members present, thirty-
one absent.

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 9, 2002, amended and passed the following bill in which the concurrence of the
House is asked:

House File 2378, a bill for an act relating to the enterprise zone program and
providing an effective date.

Also: That the Senate has on April 9, 2002, concurred in the House amendment and
passed the following bill in which the concurrence of the Senate was asked:

Senate File 348, a bill for an act relating to the establishment of Iowa charter
schools and providing for a conditional effective date.

Also: That the Senate has on April 9, 2002, passed the following bill in which the
concurrence of the House is asked:

Senate File 2329, a bill for an act relating to the abatement of property taxes levied
on the lands and buildings of a religious institution and including effective and
retroactive applicability date provisions.

MICHAEL E. MARSHALL, Secretary

SPECIAL PRESENTATION

Dix of Butler introduced to the House, the Honorable Darrell
Hanson, former state representative from Delaware County.

The House rose and expressed its welcome.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Sukup of Franklin, until his return, on request of Rants of Woodbury.

CONSIDERATION OF BILLS
Appropriations Calendar

The House resumed consideration of Senate File 2326, a bill for
an act making, reducing, and transferring appropriations, and
providing for other properly related matters and including effective
dates, was taken up for consideration. (Pending at recess)

The following amendments were deferred by unanimous consent:

Amendment H-8551 filed by T. Taylor of Linn.
Amendment H-8554 filed by Schrader of Marion.
Amendment H-8553 filed by Mertz of Kossuth.
Amendment H-8546 filed by Winckler of Scott.

Wise of Lee offered the following amendment H-8552 filed by Wise,
Atteberry of Delaware, Bell of Jasper, Bukta of Clinton, Chiodo of
Polk, Cohoon of Des Moines, Connors of Polk, Dotzler of Black Hawk,
Fallon of Polk, Foege of Linn, Ford of Polk, Frevert of Palo Alto,
Greimann of Story, Hatch of Polk, Huser of Polk, Jochum of Dubuque,
Kreiman of Davis, Kuhn of Floyd, Larkin of Lee, Lensing of Johnson,
Mascher of Johnson, May of Worth, Mertz of Kossuth, Murphy of
Dubuque, O�Brien of Boone, Osterhaus of Jackson, Petersen of Polk,
Quirk of Chickasaw, Reeder of Fayette, Reynolds of Van Buren,
Richardson of Warren, Scherrman of Dubuque, Schrader of Marion,
Seng of Scott, Shoultz of Black Hawk, Smith of Marshall, Stevens of
Dickinson, D. Taylor of Linn, T. Taylor of Linn, Tremmel of Wapello,
Warnstadt of Woodbury, Winckler of Scott, Witt of Black Hawk and
Myers of Johnson from the floor and moved its adoption:

H-8552

1 Amend Senate File 2326, as passed by the Senate, as
2 follows:
3 1. Page 47, by inserting after line 17, the
4 following:
5 "Sec. . ECONOMIC EMERGENCY FUND APPROPRIATION.
6 There is appropriated from the Iowa economic emergency
7 fund created in section 8.55 to the general fund of
8 the state for the fiscal year beginning July 1, 2002,
9 and ending June 30, 2003, the following amount:
10 $ 55,429,400
11 Moneys appropriated in this section are declared to
12 be appropriated for emergency expenditures as required
13 in section 8.55, subsection 3, paragraph "a"."
14 2. Page 58, line 33, by striking the figure
15 "7,750,000" and inserting the following:
16 "40,000,000".
17 3. Page 59, by inserting after line 5, the
18 following:
19 " . SCHOOL IMPROVEMENT TECHNOLOGY BLOCK GRANT
20 For school improvement technology block grants,
21 notwithstanding section 256D.5, subsection 2, Code
22 2001:
23 $ 5,729,400"
24 Funds appropriated in this subsection shall
25 supplement, not supplant, funds appropriated for
26 school improvement technology block grants pursuant to
27 2002 Iowa Acts, House File 2614, if enacted, and shall
28 be distributed as provided in 2002 Iowa Acts, House
29 File 2614."
30 4. Page 59, by striking lines 12 through 29, and
31 inserting the following:
32 " $141,585,680
33 The funds appropriated in this subsection shall be
34 allocated as follows:
35 a. Merged Area I $ 6,803,571
36 b. Merged Area II $ 7,972,238
37 c. Merged Area III $ 7,394,131
38 d. Merged Area IV $ 3,618,398
39 e. Merged Area V $ 7,592,152
40 f. Merged Area VI $ 7,012,464
41 g. Merged Area VII $ 10,135,184
42 h. Merged Area IX $ 12,471,509
43 i. Merged Area X $ 19,599,744
44 j. Merged Area XI $ 20,780,498
45 k. Merged Area XII $ 8,189,046
46 l. Merged Area XIII $ 8,414,808
47 m. Merged Area XIV $ 3,660,799
48 n. Merged Area XV $ 11,512,436
49 o. Merged Area XVI $ 6,428,702"
50 5. Page 71, line 9, by striking the figure and word "1

Page 2

1 through" and inserting the following: "2 and".
2 6. Page 71, by striking lines 11 through 15.
3 7. Page 172, by striking lines 11 through 17.
4 8. By renumbering as necessary.

Kettering of Sac in the chair at 3:15 p.m.

Roll call was requested by Wise of Lee and T. Taylor of Linn.

Rule 75 was invoked.

On the question "Shall amendment H-8552 be adopted?" (S.F.
2326)

The ayes were, 44:

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

The nays were, 51:

Alons	Arnold	Baudler	Boal
Boddicker	Boggess	Bradley	Broers
Brunkhorst	Carroll	Cormack	De Boef
Dix	Dolecheck	Drake	Eddie
Eichhorn	Elgin	Finch	Garman
Hahn	Hansen	Heaton	Hoffman
Horbach	Hoversten	Huseman	Jacobs
Jenkins	Johnson	Jones	Klemme
Larson	Manternach	Metcalf	Millage
Raecker	Rants	Rayhons	Rekow
Roberts	Shey	Siegrist, Spkr.	Sievers
Tymeson	Tyrrell	Van Engelenhoven	Van Fossen
Weidman	Wilderdyke	Kettering,
		Presiding

Absent or not voting, 5:

Brauns	Gipp	Grundberg	Sukup
Teig

Amendment H-8552 lost.

Rants of Woodbury asked and received unanimous consent that
Senate File 2326 be deferred and that the bill retain its place on the
calendar.

INTRODUCTION OF BILL

House File 2622, by committee on ways and means, a bill for an
act relating to the administration of the tax and related laws by the
department of revenue and finance, including administration of state
individual income, corporate income, sales and use, property, motor
fuel, special fuel, and inheritance taxes and including effective and
retroactive applicability date provisions.

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

SENATE MESSAGE CONSIDERED

Senate File 2329, by committee on ways and means, a bill for an
act relating to the abatement of property taxes levied on the lands
and buildings of a religious institution and including effective and
retroactive applicability date provisions.

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

The House resumed consideration of Senate File 2326.

Quirk of Chickasaw offered amendment H-8545 filed by Quirk, et
al., as follows:

H-8545

1 Amend Senate File 2326, as passed by the Senate, as
2 follows:
3 1. Page 33, by inserting after line 33, the
4 following:
5 "d. Incorporate the strategic plan developed by
6 the Iowa new economy council into a department-wide
7 strategic plan."

8 2. Page 44, by inserting after line 25 the
9 following:
10 "Sec. . Section 15.108, Code 2001, is amended
11 by adding the following new subsection:
12 NEW SUBSECTION. 12. SCIENCE AND TECHNOLOGY. To
13 provide, through the science and technology advisor
14 appointed by the governor pursuant to section 15E.45,
15 advice to state governmental entities, academia, the
16 business community, and other constituencies regarding
17 science and technology issues.
18 Sec. . NEW SECTION. 15E.41 SHORT TITLE.
19 This division shall be known and may be cited as
20 the "Iowa New Economy Act".
21 Sec. . NEW SECTION. 15E.42 PURPOSE.
22 The purpose of the Iowa new economy Act is to
23 establish a structure for coordinating the development
24 and implementation of a technology-led economic
25 development strategic plan to competitively position
26 Iowa as a world leader in the new economy and create
27 high-wage, high-growth jobs in targeted industry
28 clusters. The Iowa new economy council shall work
29 with the board and the state board of regents to
30 create regional technology innovation networks in
31 areas of the state with a high concentration of
32 technology-intensive businesses within the targeted
33 industry clusters.
34 Sec. . NEW SECTION. 15E.43 DEFINITIONS.
35 As used in this division, unless the context
36 otherwise requires:
37 1. "Board" means the Iowa economic development
38 board created in section 15.103.
39 2. "Department" means the Iowa department of
40 economic development created in chapter 15.
41 3. "Industry clusters" means a group of companies
42 that operate in the same or a related field, are
43 linked by buyer-seller relationships, common
44 customers, or other relationships, and rely on an
45 active set of relationships among themselves for
46 individual efficiency and competitiveness.
47 Sec. . NEW SECTION. 15E.44 INDUSTRY CLUSTERS.
48 The Iowa new economy council shall define industry
49 clusters identified in section 15.329.
50 Sec. . NEW SECTION. 15E.45 IOWA NEW ECONOMY

Page 2

1 COUNCIL.
2 1. An Iowa new economy council is created.
3 2. A science and technology advisor shall be
4 appointed by the governor and employed by the
5 department of economic development. The advisor shall
6 have significant, extensive expertise in the fields of

7 science and technology. The advisor shall advise
8 state governmental entities, academia, the business
9 community, and other constituencies regarding science
10 and technology issues.
11 3. The council shall initially consist of eleven
12 senior-level decision makers, who are voting members,
13 and five ex officio, nonvoting members. With the
14 exception of the member designated in paragraph "f",
15 the eleven senior-level decision makers shall be
16 appointed by the governor. The eleven senior-level
17 decision makers include all of the following:
18 a. One representative from each of the industry
19 leadership councils identified by the council pursuant
20 to section 15E.47.
21 b. Three additional representatives of the
22 business community. Representation under this
23 paragraph shall be from various size companies and
24 from different geographic areas of the state.
25 c. One representative of the university of Iowa,
26 the university of northern Iowa, or Iowa state
27 university of science and technology designated by the
28 state board of regents on a rotating basis.
29 d. One representative from the community college
30 system.
31 e. One representative of a labor union.
32 f. The director of the department of economic
33 development.
34 g. The science and technology advisor appointed
35 pursuant to subsection 2.
36 4. The ex officio members of the council shall
37 include all of the following:
38 a. One representative of the primary and secondary
39 educational system appointed by the governor.
40 b. The president of the senate, or a member of the
41 senate appointed by the president.
42 c. The minority leader of the senate, or a member
43 of the senate appointed by the minority leader.
44 d. The speaker of the house of representatives, or
45 a member of the house of representatives appointed by
46 the speaker.
47 e. The minority leader of the house of
48 representatives, or a member of the house of
49 representatives appointed by the minority leader.
50 5. Appointees to the council shall be senior-level

Page 3

1 decision makers within their organizations. Any
2 designee serving on the council shall also be a
3 senior-level decision maker who has the ability to
4 make a decision on behalf of the appointee. The
5 appointee or designee shall not designate a substitute

6 to participate in council meetings and activities.
7 6. The administration of the council shall be
8 coordinated by the science and technology advisor
9 appointed pursuant to subsection 2.
10 7. The initial appointments to the council made
11 pursuant to subsection 3, paragraph "a", shall be made
12 after the Iowa leadership councils are established
13 pursuant to section 15E.47.
14 8. The Iowa new economy council shall annually
15 elect a chairperson from among its members.
16 9. If more than three industry leadership councils
17 are established pursuant to section 15E.47, the voting
18 membership of the council shall be expanded to allow
19 one representative of each industry leadership council
20 to serve on the council.
21 10. The council shall be subject to the open
22 meetings law in chapter 21 and all meetings of the
23 council shall be conducted in the presence of a
24 representative of the department.
25 Sec. . NEW SECTION. 15E.46 STRATEGIC FOCUS
26 AND ACTIVITIES.
27 1. The strategic focus of the Iowa new economy
28 council shall be to support and strengthen the
29 competitiveness of Iowa businesses within each of the
30 industry clusters. At a minimum, the council shall
31 perform all of the following duties:
32 a. Develop collaborative industry-led projects in
33 the industry clusters.
34 b. Lead efforts to improve Iowa's competitive
35 position in the industry cluster areas.
36 c. Facilitate activities designed to strengthen
37 relationships and advocate collaboration among Iowa
38 research institutions and Iowa's technology intensive
39 businesses.
40 d. Develop a three-year strategic plan with an
41 annual operating plan to share with the board for
42 consideration in developing the department-wide
43 strategic plan.
44 2. The Iowa new economy council shall develop and
45 implement activities addressing all of the following
46 economic foundation issues of the new economy:
47 a. Skilled and adaptable human resources.
48 b. Access to technologies on which new products
49 and processes are based.
50 c. Availability of financial capital to support

Page 4

1 new ventures, expansion of existing companies, and
2 reinvestment in transition industries.
3 d. Support of advanced physical infrastructure for
4 transportation, communications, energy and water, and

5 waste handling.
6 e. A review of the regulatory and taxation
7 environment and business climate resulting in
8 recommendations to balance competitiveness.
9 3. The council shall focus on nondiscriminatory
10 market expansion and shall foster a competitive and
11 open environment. The council shall not be a
12 mechanism to allocate markets, fix prices, or stifle
13 competition.
14 Sec. . NEW SECTION. 15E.47 INDUSTRY
15 LEADERSHIP COUNCILS.
16 In conjunction with the creation of the Iowa new
17 economy council, leadership councils shall be
18 established in the advanced manufacturing, information
19 solutions, and life science industry clusters as well
20 as other industry clusters identified by the Iowa new
21 economy council. The leadership councils shall be
22 comprised of representatives of business and industry,
23 academia, government, and other representatives
24 identified by the Iowa new economy council. The
25 leadership councils shall be established to address
26 issues specific to the industry clusters. The ongoing
27 structure, membership, and operational objectives of
28 the industry leadership councils shall be determined
29 by the Iowa new economy council.
30 Sec. . NEW SECTION. 15E.48 FUNDING.
31 The Iowa new economy council and the industry
32 leadership councils shall not receive a direct
33 appropriation from the state. The department may
34 allocate to the council moneys that have been
35 appropriated to the department for purposes identified
36 by the council to support council activities. Public
37 resources allocated for the operation of the Iowa new
38 economy council and the industry leadership councils
39 or for specific projects sponsored by the Iowa new
40 economy council and the industry leadership councils
41 shall be received through appropriate performance
42 agreements administered by the department or other
43 appropriate public entities. Private moneys secured
44 through contributions, contracts, or other means would
45 be administered and accounted for as determined by the
46 Iowa new economy council.
47 Sec. . NEW SECTION. 15E.49 REPORTS.
48 The Iowa new economy council shall annually submit
49 a report to the governor and the general assembly
50 concerning the use of resources and the results

Page 5

1 derived from investments in the activities sponsored
2 by the council. Copies of status reports provided
3 under any performance agreement with the department or

4 other public entity shall be provided to the governor
5 and the general assembly.
6 Sec. . NEW SECTION. 15E.50 COUNCIL
7 COORDINATION.
8 The council shall work with the board and state
9 board of regents to review, evaluate, and monitor
10 business outreach and assistance programs, including
11 university technology transfer programs on an ongoing
12 basis. In reviewing, evaluating, and monitoring
13 programs and activities, the council shall seek input
14 from business, academia, government, and other
15 constituencies. The council shall make
16 recommendations to the board and state board of
17 regents with respect to each of the following:
18 1. Strengthening collaboration among business and
19 industry and Iowa's research institutions.
20 2. Coordinating activities to facilitate the
21 growth of the industry clusters."
22 3. By renumbering as necessary.

Millage of Scott rose on a point of order that amendment H-8545
was not germane.

The Speaker ruled the point well taken and amendment H-8545
not germane.

Quirk of Chickasaw asked for unanimous consent to suspend the
rules to consider amendment H-8545.

Objection was raised.

Quirk of Chickasaw moved to suspend the rules to consider
amendment H-8545.

Roll call was requested by Quirk of Chickasaw and Wise of Lee.

On the question "Shall the rules be suspended to consider
amendment H-8545?" (S.F. 2326)

The ayes were, 43:

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

The nays were, 50:

Alons	Arnold	Baudler	Boal
Boddicker	Boggess	Bradley	Brauns
Broers	Brunkhorst	Carroll	De Boef
Dix	Dolecheck	Drake	Eddie
Eichhorn	Elgin	Finch	Garman
Grundberg	Hahn	Hansen	Heaton
Hoffman	Horbach	Hoversten	Huseman
Jacobs	Jenkins	Johnson	Jones
Klemme	Larson	Manternach	Metcalf
Millage	Raecker	Rants	Rayhons
Rekow	Roberts	Siegrist, Spkr.	Sievers
Tymeson	Tyrrell	Van Engelenhoven	Van Fossen
Wilderdyke	Kettering,
	Presiding

Absent or not voting, 7:

Gipp	Kuhn	Shey	Sukup
Teig	Weidman	Witt

The motion to suspend the rules lost.

Tremmel of Wapello asked and received unanimous consent to
withdraw amendment H-8534 filed by Tremmel, et al., on April 4,
2002.

Smith of Marshall asked and received unanimous consent that
amendment H-8557 be deferred.

Fallon of Polk offered the following amendment H-8564 filed by
him from the floor and moved its adoption:

H-8564

1 Amend Senate File 2326, as amended, passed, and reprinted by
2 the Senate, as follows:
3 1. Page 174, by striking lines 14 through 16.

Amendment H-8564 lost.

Atteberry of Delaware offered amendment H-8544 filed by
Atteberry, et al., as follows:

H-8544

1 Amend Senate File 2326, as passed by the Senate, as
2 follows:
3 1. Page 176, by inserting after line 11 the
4 following:
5 "DIVISION ___
6 HEALTH COVERAGE
7 Sec. . NEW SECTION. 514C.21 MANDATED COVERAGE
8 FOR NEUROBIOLOGICAL DISORDERS AND UNDERLYING CO-
9 MORBIDITY.
10 1. For purposes of this section, unless the
11 context otherwise requires:
12 a. "Co-morbidity" means the coexistence of
13 conditions or diagnosable disorders such as
14 neurobiological disorders and substance abuse. For
15 purposes of this section, "substance abuse" means a
16 pattern of pathological use of alcohol or a drug that
17 causes impairment in social or occupational
18 functioning, or that produces physiological dependency
19 evidenced by physical tolerance or by physical
20 symptoms when the alcohol or drug is withdrawn.
21 b. "Neurobiological disorder" means the following:
22 (1) Schizophrenia and other psychotic disorders.
23 (2) Affective disorders.
24 (3) Anxiety disorders.
25 (4) Pervasive developmental disorders.
26 (5) Attention deficit hyperactivity disorder and
27 related disorders.
28 (6) Disorders identified in childhood and
29 adolescence.
30 The commissioner, by rule, shall identify the
31 neurobiological disorders covered by this definition,
32 consistent with the guidelines provided in the most
33 recent edition of the American psychiatric
34 association's diagnostic and statistical manual of
35 mental disorders, as such definitions may be amended
36 from time to time. The commissioner may adopt the
37 definitions provided in the manual by reference.
38 c. "Rates, terms, and conditions" means any
39 lifetime or annual payment limits, deductibles,
40 copayments, coinsurance, and any other cost-sharing
41 requirements, out-of-pocket limits, visit limitations,
42 and any other financial component of benefits coverage
43 that affects the covered individual.
44 2. a. Notwithstanding the uniformity of treatment
45 requirements of section 514C.6, a policy, contract, or
46 plan providing for third-party payment or prepayment

47 of health or medical expenses shall provide coverage
48 benefits for treatment for neurobiological disorders
49 and underlying co-morbidity based on rates, terms, and
50 conditions that are no more restrictive than the

Page 2

1 rates, terms, and conditions for coverage benefits
2 provided for other health or medical conditions under
3 the policy, contract, or plan.
4 b. Any restrictions or limitations with respect to
5 rates, terms, and conditions involving deductibles,
6 copayments, coinsurance, and any other cost-sharing
7 requirements shall be cumulative for coverage of
8 treatment for neurobiological disorders and underlying
9 co-morbidity and other health or medical conditions
10 under a policy, contract, or plan. A policy,
11 contract, or plan subject to this section shall not
12 impose an aggregate lifetime or annual limit on
13 treatment for neurobiological disorders and underlying
14 co-morbidity coverage benefits unless the policy,
15 contract, or plan imposes an aggregate lifetime or
16 annual limit on substantially all health or medical
17 coverage benefits. A policy, contract, or plan
18 subject to this section that imposes an aggregate
19 lifetime or annual limit on substantially all medical
20 and surgical coverage benefits shall not impose an
21 aggregate lifetime or annual limit on treatment for
22 neurobiological disorders and underlying co-morbidity
23 coverage benefits that is less than the aggregate
24 lifetime or annual limit imposed on substantially all
25 health or medical coverage benefits.
26 c. Coverage required under this section shall be
27 for the treatment of neurobiological disorders and
28 underlying co-morbidity, for services provided by a
29 health professional licensed under chapter 147A, 148,
30 150A, 152, 154B, 154C, or 154D, for services provided
31 in a hospital, clinic, office, community mental health
32 center, health care facility, outpatient treatment
33 facility, residential treatment facility, halfway
34 house, or similar facility for the provision of health
35 care services, and for services provided pursuant to
36 the comprehensive program for treatment for substance
37 abuse maintained by the department of public health
38 pursuant to section 125.12 in a hospital licensed
39 under chapter 135B or a facility licensed under
40 chapter 125.
41 3. This section applies to the following classes
42 of third-party payment provider policies, contracts,
43 or plans delivered, issued for delivery, continued, or
44 renewed in this state on or after January 1, 2003:
45 a. Individual or group accident and sickness

46 insurance providing coverage on an expense-incurred
47 basis.
48 b. An individual or group hospital or medical
49 service contract issued pursuant to chapter 509, 514,
50 or 514A.

Page 3

1 c. A plan established pursuant to chapter 509A for
2 public employees.
3 d. An individual or group health maintenance
4 organization contract regulated under chapter 514B.
5 e. An individual or group Medicare supplemental
6 policy, unless coverage pursuant to such policy is
7 preempted by federal law.
8 f. Any other entity engaged in the business of
9 insurance, risk transfer, or risk retention, which is
10 subject to the jurisdiction of the commissioner.
11 g. An organized delivery system licensed by the
12 director of public health.
13 4. The commissioner shall adopt rules pursuant to
14 chapter 17A to administer this section.
15 Sec. . INSURANCE DIVISION STUDY IN CONJUNCTION
16 WITH STATE AUDITOR.
17 1. The insurance division of the department of
18 commerce, in conjunction with the state auditor, shall
19 conduct a study of the cost of providing
20 neurobiological disorder coverage benefits in Iowa.
21 2. The study shall assess at least all of the
22 following:
23 a. Identification of the costs attributed to
24 treatment of neurobiological disorders, and to
25 underlying co-morbidity.
26 b. An estimate of the impact of mandated coverage
27 on health care coverage benefit costs and
28 availability.
29 c. Actions taken by the division to ensure that
30 third-party payors subject to this Act are in
31 compliance.
32 d. Identification of any segments of the
33 population of this state that may be excluded from, or
34 have limited access to, treatment, including the
35 number of citizens that may be excluded from, or have
36 limited access to, treatment under third-party payor
37 policies or contracts provided by employers who
38 receive substantial revenue from public sources.
39 3. The insurance division shall submit a written
40 report to the general assembly on or before January
41 30, 2005.
42 Sec. . DEPARTMENT OF PUBLIC HEALTH STUDY.
43 1. The department of public health shall conduct a
44 two-year study of the mental health delivery system in

45 Iowa, beginning July 1, 2002.
46 2. The study shall include participation by at
47 least all of the following:
48 a. Representatives of professional health care
49 groups licensed under chapters 147A, 148, 150A, 152,
50 154B, 154C, and 154D.

Page 4

1 b. Representatives of associations or other groups
2 representing hospitals, clinics, community mental
3 health centers, community corrections and prison
4 corrections, health care facilities, outpatient
5 treatment facilities, and any other facility offering
6 mental health services.
7 c. County supervisors, representatives from the
8 department of human services, judges, mental health
9 advocates, and other state or county officials
10 involved in the provision of mental health services.
11 d. Consumers, family members, and patients.
12 3. The participants in the study shall assess the
13 relevant issues facing the mental health delivery
14 system in Iowa, and shall prepare a report with
15 recommendations for presentation to the general
16 assembly no later than November 1, 2004."
17 2. By renumbering as necessary.

Millage of Scott rose on a point of order that amendment H-8544
was not germane.

The Speaker ruled the point well taken and amendment H-8544
not germane.

Atteberry of Delaware asked for unanimous consent to suspend the
rules to consider amendment H-8544.

Objection was raised.

Atteberry of Delaware moved to suspend the rules to consider
amendment H-8544.

Roll call was requested by Atteberry of Delaware and Bukta of
Clinton.

On the question "Shall the rules be suspended to consider
amendment H-8544?" (S.F. 2326)

The ayes were, 45:

Atteberry	Bell	Bukta	Chiodo
Cohoon	Connors	Cormack	Dotzler
Fallon	Foege	Ford	Frevert
Greimann	Grundberg	Hatch	Huser
Jochum	Kreiman	Kuhn	Larkin
Lensing	Mascher	May	Mertz
Murphy	Myers	Osterhaus	Petersen
Quirk	Reeder	Reynolds	Richardson
Scherrman	Schrader	Seng	Shoultz
Smith	Stevens	Taylor, D.	Taylor, T.
Tremmel	Warnstadt	Winckler	Wise
Witt

The nays were, 51:

Alons	Arnold	Baudler	Boal
Boddicker	Boggess	Bradley	Brauns
Broers	Brunkhorst	Carroll	De Boef
Dix	Dolecheck	Drake	Eddie
Eichhorn	Elgin	Finch	Garman
Gipp	Hahn	Hansen	Heaton
Hoffman	Hoversten	Huseman	Jacobs
Jenkins	Johnson	Jones	Klemme
Larson	Manternach	Metcalf	Millage
Raecker	Rants	Rayhons	Rekow
Roberts	Shey	Siegrist, Spkr.	Sievers
Tymeson	Tyrrell	Van Engelenhoven	Van Fossen
Weidman	Wilderdyke	Kettering,
		Presiding

Absent or not voting, 4:

Horbach	O'Brien	Sukup	Teig

The motion to suspend the rules lost.

T. Taylor of Linn offered amendment H-8551, previously deferred,
filed by T. Taylor, Greimann of Story, Lensing of Johnson, Smith of
Marshall and Wise of Lee from the floor as follows:

H-8551

1 Amend Senate File 2326, as passed by the Senate, as
2 follows:
3 1. Page 20, by striking line 20 and inserting the
4 following:
5 " $ 24,205,736"
6 2. Page 26, by inserting after line 9, the

7 following:
8 "Sec. . DEPARTMENT OF ADMINISTRATIVE SERVICES
9 CREATED.
10 1. Notwithstanding any provision of law to the
11 contrary, a new department of administrative services
12 is created under the control and supervision of the
13 governor. The new department shall subsume all of the
14 functions of the department of personnel, department
15 of general services, information technology
16 department, Iowa communications network, and the
17 accounting division of the department of revenue and
18 finance, which shall cease to exist as separate
19 departments or units. Upon establishment of the new
20 department of administrative services, the governor
21 shall appoint the director of the department, subject
22 to confirmation by the senate. The positions of
23 director of the departments of personnel, general
24 services, and information technology shall be
25 eliminated and the administrators of the divisions of
26 the new department responsible for those duties shall
27 be appointed by the director of the department of
28 administrative services.
29 2. There is appropriated from the general fund of
30 the state to the department of administrative services
31 for the fiscal year beginning July 1, 2002, and ending
32 June 30, 2003, the following amount, or so much
33 thereof as is necessary, to be used for the purposes
34 designated:
35 For salaries, support, maintenance, and
36 miscellaneous purposes:
37 $ 14,272,722
38 The amounts appropriated in this subsection shall
39 be in lieu of appropriations otherwise provided in
40 this Act to the department of personnel, department of
41 general services, information technology department,
42 and the Iowa telecommunications and technology
43 commission for Iowa communications network operations.
44 3. The goal of the reorganization shall be to
45 consolidate administrative functions in state
46 government in order to streamline state government,
47 reduce governmental expenditures, and improve services
48 to other state departments. The new department shall
49 utilize entrepreneurial management techniques in order
50 to focus the department on being more responsive to

Page 2

1 customers and more efficient in providing services.
2 The new department shall negotiate performance
3 agreements with the department's customers and build
4 capacities to continuously improve service. The new
5 department shall have no more than three levels of

6 management and strive to meet a span of control ratio
7 goal of twelve to one.
8 4. The governor shall submit proposed legislation
9 in accordance with section 2.16 for consideration by
10 the Eightieth General Assembly, 2003 Session, as
11 necessary to amend the Code of Iowa in order to codify
12 the powers and duties of the newly created department
13 of administrative services."
14 3. Page 39, line 13, by striking the figure
15 "4,734,063" and inserting the following: "5,591,126".
16 4. Page 40, line 27, by striking the figure
17 "485,463" and inserting the following: "570,577".
18 5. Page 41, line 23, by striking the figure
19 "702,889" and inserting the following: "870,197".
20 6. Page 105, by inserting after line 13, the
21 following:
22 "Sec. . HEALTH INSURANCE PORTABILITY AND
23 ACCOUNTABILITY ACT. There is appropriated from the
24 general fund of the state to the department of human
25 services for the fiscal year beginning July 1, 2002,
26 and ending June 30, 2003, the following amount, or so
27 much thereof as is necessary, to be used for the
28 purpose designated:
29 For implementation of the provisions of the federal
30 Health Insurance Portability and Accountability Act,
31 Pub. L. No. 104-191 relating to the medical assistance
32 program, in addition to other funds appropriated for
33 this purpose:
34 $ 1,500,000
35 Notwithstanding section 8.33, moneys appropriated
36 in this section that are unobligated or unencumbered
37 at the close of the fiscal year shall not revert but
38 shall remain available for the specific purpose
39 designated in this section until the close of the
40 succeeding fiscal year."
41 7. By renumbering as necessary.

Broers of Cerro Gordo in the chair at 4:44 p.m.

Roll call was requested by T. Taylor of Linn and Myers of Johnson.

On the question "Shall amendment H-8551 be adopted?" (S.F.
2326)

The ayes were, 43:

Atteberry	Bell	Bukta	Chiodo
Cohoon	Connors	Dotzler	Finch
Foege	Ford	Frevert	Greimann
Hatch	Huser	Jochum	Kreiman
Kuhn	Larkin	Lensing	Mascher
May	Mertz	Murphy	Myers
Osterhaus	Petersen	Quirk	Reeder
Reynolds	Richardson	Scherrman	Schrader
Seng	Shoultz	Smith	Stevens
Taylor, D.	Taylor, T.	Tremmel	Warnstadt
Winckler	Wise	Witt

The nays were, 51:

Alons	Arnold	Baudler	Boal
Boddicker	Boggess	Bradley	Brauns
Brunkhorst	Carroll	Cormack	Dix
Dolecheck	Drake	Eddie	Eichhorn
Elgin	Garman	Gipp	Grundberg
Hahn	Hansen	Hoffman	Horbach
Hoversten	Huseman	Jacobs	Jenkins
Johnson	Jones	Kettering	Klemme
Larson	Manternach	Metcalf	Millage
Raecker	Rants	Rayhons	Rekow
Roberts	Shey	Siegrist, Spkr.	Sievers
Tymeson	Tyrrell	Van Engelenhoven	Van Fossen
Weidman	Wilderdyke	Broers,
		Presiding

Absent or not voting, 6:

De Boef	Fallon	Heaton	O'Brien
Sukup	Teig

Amendment H-8551 lost.

Smith of Marshall asked and received unanimous consent to
withdraw amendment H-8577 filed by Smith, Osterhaus of Jackson,
Foege of Linn, Reeder of Fayette and Atteberry of Delaware from the
floor.

Smith of Marshall offered the following amendment H-8573 filed
by Smith, Osterhaus of Jackson, Foege of Linn, Reeder of Fayette and
Atteberry of Delaware from the floor and moved its adoption:

H-8573

1 Amend Senate File 2326, as passed by the Senate, as
2 follows:
3 1. Page 105, line 25, by striking the figure
4 "9,958,412" and inserting the following:
5 "13,658,412".
6 2. Page 136, by inserting before line 7, the

7 following:
8 "Sec. . NEW SECTION. 249A.21 INTERMEDIATE
9 CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION -
10 ASSESSMENT.
11 1. The department may assess intermediate care
12 facilities for persons with mental retardation, as
13 defined in section 135C.1, that are not operated by
14 the state, a fee in an amount not to exceed six
15 percent of the total annual revenue of the facility
16 for the preceding fiscal year. Counties shall not be
17 required to participate in the cost of the assessment.
18 2. The assessment shall be paid to the department
19 in equal monthly amounts on or before the fifteenth
20 day of each month. The department may deduct the
21 monthly amount from medical assistance payments to a
22 facility described in subsection 1. The amount
23 deducted from payments shall not exceed the total
24 amount of the assessments due.
25 3. Revenue from the assessments shall be credited
26 to the state medical assistance appropriation. This
27 revenue may be used only for services for which
28 federal financial participation under the medical
29 assistance program is available to match state funds.
30 4. If federal financial participation to match the
31 assessments made under subsection 1 becomes
32 unavailable under federal law, the department shall
33 terminate the imposing of the assessments beginning on
34 the date that the federal statutory, regulatory, or
35 interpretive change takes effect.
36 5. The department of human services may procure a
37 sole source contract to implement the provisions of
38 this section."
39 3. Page 142, by inserting after line 20, the
40 following:
41 " . The section in this division of this Act
42 relating to the assessment on intermediate care
43 facilities for persons with mental retardation."
44 4. By renumbering as necessary.

Roll call was requested by Smith of Marshall and Myers of
Johnson.

On the question "Shall amendment H-8573 be adopted?" (S.F.
2326)

The ayes were, 41:

Atteberry	Bell	Bukta	Chiodo
Cohoon	Connors	Dotzler	Fallon
Foege	Ford	Frevert	Greimann
Hatch	Huser	Jochum	Kreiman
Kuhn	Larkin	Lensing	Mascher
May	Mertz	Murphy	Myers
Osterhaus	Petersen	Quirk	Reeder
Reynolds	Scherrman	Schrader	Seng
Shoultz	Smith	Stevens	Taylor, D.
Taylor, T.	Tremmel	Warnstadt	Winckler
Wise

The nays were, 54:

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

Absent or not voting, 5:

O'Brien	Richardson	Sukup	Teig
Witt

Amendment H-8573 lost.

Smith of Marshall offered the following amendment H-8576 filed
by Smith, Osterhaus of Jackson, Foege of Linn, Reeder of Fayette and
Atteberry of Delaware from the floor and moved its adoption:

H-8576

1 Amend Senate File 2326, as passed by the Senate, as
2 follows:
3 1. Page 109, line 9, by striking the figure
4 "6,414,788" and inserting the following: "6,526,570".
5 2. Page 116, line 32, by striking the figure
6 "13,034,755" and inserting the following:
7 "13,437,892".
8 3. Page 116, line 33, by striking the figure
9 "227.65" and inserting the following: "232.65".
10 4. Page 117, line 3, by striking the figure
11 "7,407,087" and inserting the following: "7,636,142".

12 5. Page 117, line 9, by striking the figure
13 "16,924,466" and inserting the following:
14 "17,512,336".
15 6. Page 136, by inserting after line 6, the
16 following:
17 "Sec. . NEW SECTION. 249A.21 INTERMEDIATE
18 CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION -
19 ASSESSMENT.
20 1. The department may assess intermediate care
21 facilities for persons with mental retardation, as
22 defined in section 135C.1, that are not operated by
23 the state, a fee in an amount not to exceed six
24 percent of the total annual revenue of the facility
25 for the preceding fiscal year. Counties shall not be
26 required to participate in the cost of the assessment.
27 2. The assessment shall be paid to the department
28 in equal monthly amounts on or before the fifteenth
29 day of each month. The department may deduct the
30 monthly amount from medical assistance payments to a
31 facility described in subsection 1. The amount
32 deducted from payments shall not exceed the total
33 amount of the assessments due.
34 3. Revenue from the assessments shall be credited
35 to the state medical assistance appropriation. This
36 revenue may be used only for services for which
37 federal financial participation under the medical
38 assistance program is available to match state funds.
39 4. If federal financial participation to match the
40 assessments made under subsection 1 becomes
41 unavailable under federal law, the department shall
42 terminate the imposing of the assessments beginning on
43 the date that the federal statutory, regulatory, or
44 interpretive change takes effect.
45 5. The department of human services may procure a
46 sole source contract to implement the provisions of
47 this section."
48 7. Page 142, by inserting after line 20, the
49 following:
50 " . The section in this division of this Act

Page 2

1 relating to the assessment on intermediate care
2 facilities for persons with mental retardation."
3 8. By renumbering as necessary.

Roll call was requested by Smith of Marshall and Bukta of Clinton.

On the question "Shall amendment H-8576 be adopted?" (S.F.
2326)

The ayes were, 42:

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

The nays were, 52:

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

Absent or not voting, 6:

Manternach	O'Brien	Richardson	Sukup
Teig	Van Fossen

Amendment H-8576 lost.

Murphy of Dubuque offered the following amendment H-8578 filed
by Murphy, Mascher of Johnson and Dotzler of Black Hawk from the
floor and moved its adoption:

H-8578

1 Amend Senate File 2326 as follows:
2 1. Page 60, by inserting after line 8 the
3 following:
4 "Sec. . ECONOMIC EMERGENCY FUND APPROPRIATION.
5 There is appropriated from the Iowa economic emergency
6 fund created in section 8.55 to the general fund of

7 the state for the fiscal year beginning July 1, 2002,
8 and ending June 30, 2003, the following amount:
9 $ 31,163,594
10 Moneys appropriated in this section are declared to
11 be appropriated for emergency expenditures as required
12 in section 8.55, subsection 3, paragraph "a"."
13 2. By striking page 60, line 18 through page 68,
14 line 12 and inserting the following:
15 " $ 1,237,427
16 FTEs 16.00
17 The state board of regents, the department of
18 management, and the legislative fiscal bureau shall
19 cooperate to determine and agree upon, by November 15,
20 2002, the amount that needs to be appropriated for
21 tuition replacement for the fiscal year beginning July
22 1, 2003.
23 The state board of regents shall submit a monthly
24 financial report in a format agreed upon by the state
25 board of regents office and the legislative fiscal
26 bureau.
27 . For funds to be allocated to the southwest
28 Iowa graduate studies center:
29 $ 109,741
30 . For funds to be allocated to the siouxland
31 interstate metropolitan planning council for the
32 tristate graduate center under section 262.9,
33 subsection 21:
34 $ 80,024
35 . For funds to be allocated to the quad-cities
36 graduate studies center:
37 $ 163,392
38 2. STATE UNIVERSITY OF IOWA
39 a. General university, including lakeside
40 laboratory
41 For salaries, support, maintenance, equipment,
42 miscellaneous purposes, and for not more than the
43 following full-time equivalent positions:
44 $241,831,144
45 FTEs 4,055.62
46 The university may continue progress on the school
47 of public health and the public health initiative for
48 the purposes of establishing an accredited school of
49 public health and for funding an initiative for the
50 health and independence of elderly Iowans. From the

Page 2

1 funds appropriated in this lettered paragraph, the
2 university may use up to $2,100,000 for the school of
3 public health and the public health initiative.
4 Funds appropriated in this lettered paragraph shall
5 not be available for expenditure for medically induced

6 termination of a pregnancy, including but not limited
7 to usage of mifepristone or RU-486, offered or
8 administered by the student health center.
9 b. University hospitals
10 For salaries, support, maintenance, equipment, and
11 miscellaneous purposes and for medical and surgical
12 treatment of indigent patients as provided in chapter
13 255, for medical education, and for not more than the
14 following full-time equivalent positions:
15 $ 30,466,492
16 FTEs 5,485.01
17 The university of Iowa hospitals and clinics shall,
18 within the context of chapter 255 and when medically
19 appropriate, make reasonable efforts to extend the
20 university of Iowa hospitals and clinics' use of home
21 telemedicine and other technologies to reduce the
22 frequency of visits to the hospital required by
23 indigent patients. The university of Iowa hospitals
24 and clinics shall submit a report to the general
25 assembly and the legislative fiscal bureau by January
26 15, 2003, describing its use of these technologies to
27 accomplish this purpose.
28 The university of Iowa hospitals and clinics shall
29 submit quarterly a report regarding the portion of the
30 appropriation in this lettered paragraph expended on
31 medical education. The report shall be submitted in a
32 format jointly developed by the university of Iowa
33 hospitals and clinics, the legislative fiscal bureau,
34 and the department of management, and shall delineate
35 the expenditures and purposes of the funds.
36 Funds appropriated in this lettered paragraph shall
37 not be used to perform abortions except medically
38 necessary abortions, and shall not be used to operate
39 the early termination of pregnancy clinic except for
40 the performance of medically necessary abortions. For
41 the purpose of this lettered paragraph, an abortion is
42 the purposeful interruption of pregnancy with the
43 intention other than to produce a live-born infant or
44 to remove a dead fetus, and a medically necessary
45 abortion is one performed under one of the following
46 conditions:
47 (1) The attending physician certifies that
48 continuing the pregnancy would endanger the life of
49 the pregnant woman.
50 (2) The attending physician certifies that the

Page 3

1 fetus is physically deformed, mentally deficient, or
2 afflicted with a congenital illness.
3 (3) The pregnancy is the result of a rape which is
4 reported within 45 days of the incident to a law

5 enforcement agency or public or private health agency
6 which may include a family physician.
7 (4) The pregnancy is the result of incest which is
8 reported within 150 days of the incident to a law
9 enforcement agency or public or private health agency
10 which may include a family physician.
11 (5) The abortion is a spontaneous abortion,
12 commonly known as a miscarriage, wherein not all of
13 the products of conception are expelled.
14 The total quota allocated to the counties for
15 indigent patients for the fiscal year beginning July
16 1, 2002, shall not be lower than the total quota
17 allocated to the counties for the fiscal year
18 commencing July 1, 1998. The total quota shall be
19 allocated among the counties on the basis of the 2000
20 census pursuant to section 255.16.
21 c. Psychiatric hospital
22 For salaries, support, maintenance, equipment,
23 miscellaneous purposes, and for the care, treatment,
24 maintenance of committed and voluntary public
25 patients, and for not more than the following full-
26 time equivalent positions:
27 $ 7,809,505
28 FTEs 273.19
29 d. Center for disabilities and development
30 For salaries, support, maintenance, miscellaneous
31 purposes, and for not more than the following full-
32 time equivalent positions:
33 $ 7,016,917
34 FTEs 148.91
35 From the funds appropriated in this lettered
36 paragraph, $200,000 shall be allocated for purposes of
37 the creative employment options program.
38 e. Oakdale campus
39 For salaries, support, maintenance, miscellaneous
40 purposes, and for not more than the following full-
41 time equivalent positions:
42 $ 2,948,667
43 FTEs 43.25
44 f. State hygienic laboratory
45 For salaries, support, maintenance, miscellaneous
46 purposes, and for not more than the following full-
47 time positions:
48 $ 4,158,633
49 FTEs 102.49
50 g. Family practice program

Page 4

1 For allocation by the dean of the college of
2 medicine, with approval of the advisory board, to
3 qualified participants, to carry out chapter 148D for

4 the family practice program, including salaries and
5 support, and for not more than the following full-time
6 equivalent positions:
7 $ 2,305,212
8 FTEs 192.40
9 h. Child health care services
10 For specialized child health care services,
11 including childhood cancer diagnostic and treatment
12 network programs, rural comprehensive care for
13 hemophilia patients, the Iowa high-risk infant follow-
14 up program, including salaries and support, and for
15 not more than the following full-time equivalent
16 positions:
17 $ 691,332
18 FTEs 63.27
19 i. Statewide cancer registry
20 For the statewide cancer registry, and for not more
21 than the following full-time equivalent positions:
22 $ 199,762
23 FTEs 2.40
24 j. Substance abuse consortium
25 For funds to be allocated to the Iowa consortium
26 for substance abuse research and evaluation, and for
27 not more than the following full-time equivalent
28 positions:
29 $ 72,108
30 FTEs 1.50
31 k. Center for biocatalysis
32 For the center for biocatalysis, and for not more
33 than the following full-time equivalent positions:
34 $ 991,651
35 FTEs 5.20
36 l. Primary health care initiative
37 For the primary health care initiative in the
38 college of medicine, and for more than the following
39 full-time equivalent positions:
40 $ 849,070
41 FTEs 7.75
42 From the funds appropriated in this lettered
43 paragraph, $330,000 shall be allocated to the
44 department of family practice at the state university
45 of Iowa college of medicine for family practice
46 faculty and support staff.
47 m. Birth defects registry
48 For the birth defects registry, and for not more
49 than the following full-time equivalent positions:
50 $ 49,702

Page 5

1 FTEs 1.30
2 3. IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY

3 a. General university
4 For salaries, support, maintenance, equipment,
5 miscellaneous purposes, and for not more than the
6 following full-time equivalent positions:
7 $190,866,120
8 FTEs 3,647.42
9 The university may continue progress on the center
10 for excellence in fundamental plant sciences. From
11 the funds appropriated in this lettered paragraph, the
12 university may use up to $4,760,000 for the center for
13 excellence in fundamental plant sciences.
14 It is possible that a few large companies may be
15 able to control all levels of the food chain,
16 including production, because these companies own the
17 genetics needed to participate in the food system of
18 the future, and this possibility may be a major threat
19 to the independence and profitability of Iowa's
20 agricultural producers. To ensure public ownership of
21 plant genetic material, all rights to the research
22 products developed by the Iowa state university of
23 science and technology's botany institute using state-
24 appropriated funds will be made available to the
25 extent practicable for commercialization, for the
26 benefit of all Iowans, including Iowa's agricultural
27 producers, through a public process which normally
28 involves nonexclusive licensing of genes and
29 germplasm.
30 Funds appropriated in this lettered paragraph shall
31 not be available for expenditure for medically induced
32 termination of a pregnancy, including but not limited
33 to usage of mifepristone or RU-486, offered or
34 administered by the student health center.
35 b. Agricultural experiment station
36 For salaries, support, maintenance, miscellaneous
37 purposes, and for not more than the following full-
38 time equivalent positions:
39 $ 34,601,714
40 FTEs 546.98
41 c. Cooperative extension service in agriculture
42 and home economics
43 For salaries, support, maintenance, miscellaneous
44 purposes, and for not more than the following full-
45 time equivalent positions:
46 $ 21,866,928
47 FTEs 431.20
48 d. Leopold center
49 For agricultural research grants at Iowa state
50 university under section 266.39B, and for not more

Page 6

1 than the following full-time equivalent positions:

2 $ 528,928
3 FTEs 11.25
4 e. Livestock disease research
5 For deposit in and the use of the livestock disease
6 research fund under section 267.8, and for not more
7 than the following full-time equivalent positions:
8 $ 251,679
9 FTEs 3.16
10 4. UNIVERSITY OF NORTHERN IOWA
11 a. General university
12 For salaries, support, maintenance, equipment,
13 miscellaneous purposes, and for not more than the
14 following full-time equivalent positions:
15 $ 85,458,047
16 FTEs 1,454.35
17 The university may continue progress on the
18 implementation of a masters in social work program.
19 From the funds appropriated in this lettered
20 paragraph, the university may use up to $450,000 for
21 the implementation of the masters in social work
22 program, up to $100,000 for the roadside vegetation
23 project, and up to $200,000 for the Iowa office for
24 staff development.
25 Funds appropriated in this lettered paragraph shall
26 not be available for expenditure for medically induced
27 termination of a pregnancy, including but not limited
28 to usage of mifepristone or RU-486, offered or
29 administered by the student health center.
30 b. Recycling and reuse center
31 For purposes of the recycling and reuse center, and
32 for not more than the following full-time equivalent
33 positions:
34 $ 230,602
35 FTEs 1.50
36 5. STATE SCHOOL FOR THE DEAF
37 For salaries, support, maintenance, miscellaneous
38 purposes, and for not more than the following full-
39 time equivalent positions:
40 $ 7,946,772
41 FTEs 126.60
42 6. IOWA BRAILLE AND SIGHT SAVING SCHOOL
43 For salaries, support, maintenance, miscellaneous
44 purposes, and for not more than the following full-
45 time equivalent positions:
46 $ 4,454,332
47 FTEs 89.00
48 7. TUITION AND TRANSPORTATION COSTS
49 For payment to local school boards for the tuition
50 and transportation costs of students residing in the

Page 7

1 Iowa braille and sight saving school and the state
2 school for the deaf pursuant to section 262.43 and for
3 payment of certain clothing and transportation costs
4 for students at these schools pursuant to section
5 270.5:
6 $ 15,256"
7 3. By renumbering as necessary.

Roll call was requested by Murphy of Dubuque and T. Taylor of
Linn.

On the question "Shall amendment H-8578 be adopted?" (S.F.
2326)

The ayes were, 42:

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

The nays were, 54:

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

Absent or not voting, 4:

O'Brien	Richardson	Sukup	Teig

Amendment H-8578 lost.

Hansen of Pottawattamie asked and received unanimous consent
to withdraw amendment H-8579 filed by him from the floor.

Schrader of Marion offered amendment H-8554, previously
deferred, filed by him from the floor as follows:

H-8554

1 Amend Senate File 2326, as passed by the Senate, as
2 follows:
3 1. Page 27, by inserting after line 9 the
4 following:
5 "Sec. . NEW SECTION. 476B.1 DEFINITIONS.
6 As used in this chapter, unless the context
7 otherwise requires:
8 1. "ADAD equipment" means automatic dialing-
9 announcing device equipment, which is a device or
10 system of devices used, either alone or in conjunction
11 with other equipment, for the purpose of automatically
12 selecting or dialing telephone numbers, for
13 disseminating prerecorded messages to the numbers
14 selected or dialed without the use of a live operator.
15 2. "Autodialer" means an automatic telephone
16 dialing system or equipment that has both the capacity
17 to store or produce telephone numbers to be called
18 using a random or sequential number generator, and to
19 dial such numbers.
20 3. "Board" means the utilities board created in
21 section 474.1.
22 4. "Caller identification" means the display, on
23 the call recipient's telephone or related equipment,
24 of the caller's telephone number or identity to the
25 recipient of the call.
26 5. "Consumer" means an actual or prospective
27 purchaser, lessee, or recipient of a consumer good or
28 service.
29 6. "Consumer good or service" means any real
30 property or any tangible or intangible personal
31 property that is normally used for personal, family,
32 or household purposes, including, without limitation,
33 any such property intended to be attached to or
34 installed in any real property without regard to
35 whether such property is so attached or installed, as
36 well as cemetery lots and timeshare estates, and any

37 service related to such property.
38 7. "Conversation time" is the time when two-way
39 telecommunications is possible during a telephone
40 call.
41 8. "Doing business in this state" means a business
42 that conducts telephone solicitations from a location
43 in this state or from other states or nations to
44 consumers located in this state.
45 9. "Existing business relationship" means an
46 established pattern of activity between a consumer and
47 a merchant, involving an inquiry, application,
48 purchase, or transaction initiated by a consumer
49 regarding consumer goods or services offered by a
50 merchant.

Page 2

1 10. "Merchant" means a person who, directly or
2 indirectly, offers or makes available to a consumer
3 any consumer good or service.
4 11. "Predictive dialing technology" means an
5 automated dialing system or computer software that
6 utilizes a formula or similar mechanism to initiate a
7 certain greater number of telephone calls than the
8 number of telephone solicitors available to speak to
9 prospective customers, with a goal of keeping the
10 available telephone solicitors continually speaking to
11 one prospective customer after another.
12 12. "Prepaid calling card" means an object
13 containing an access number and authorization code
14 that enables an end user to use prepaid calling
15 services.
16 13. "Prepaid calling card company" means any
17 person providing prepaid calling services to the
18 public using its own or another person's
19 telecommunication network or networks.
20 14. "Prepaid calling services" means any prepaid
21 telecommunications service that allows end users to
22 originate calls through an access number and
23 authorization code, whether manually or electronically
24 dialed.
25 15. "Telephone solicitation" means any voice
26 communication, wherever originated, transmitted over a
27 telephone for the purpose of encouraging action on the
28 part of a consumer, including but not limited to any
29 of the following actions:
30 a. The purchase or rental of consumer goods or
31 services.
32 b. Investment in consumer goods or services.
33 c. Soliciting a sale of a consumer good or
34 service.
35 d. Offering an extension of credit for a consumer

36 good or service.
37 e. Obtaining information that will or may be used
38 for the direct solicitation of a sale of a consumer
39 good or service or an offer of extension of credit for
40 such purpose.
41 f. Soliciting a donation for any group,
42 organization, or purpose.
43 16. "Telephone solicitor" means a person doing
44 business in this state, who makes or causes to be made
45 a telephone solicitation, including, but not limited
46 to, calls made by use of ADAD equipment, predictive
47 dialing technology, or an autodialer.
48 17. "Unsolicited telephone solicitation" means a
49 telephone solicitation other than a telephone call
50 made as follows:

Page 3

1 a. In response to an express request of the person
2 called.
3 b. Primarily in connection with an existing debt
4 or contract, payment, or performance of which has not
5 been completed at the time of such call.
6 c. To a person with whom the telephone solicitor
7 has an existing business relationship.
8 d. To a residential subscriber if the telephone
9 solicitation is made on behalf of a not-for-profit
10 organization exempt from paying taxes under section
11 501(c) of the Internal Revenue Code, and if a bona
12 fide member of the exempt organization directly makes
13 such call, and does not contract with a telemarketing
14 firm or other third party to make the call.
15 e. By a person licensed pursuant to chapter 543B
16 who makes a telephone call to an actual or prospective
17 seller or lessor of real property if the call is made
18 in response to a yard sign or other form of real
19 estate sales advertisement placed by the seller or
20 lessor.
21 Sec. . NEW SECTION. 476B.2 RESTRICTIONS ON
22 THE USE OF CERTAIN TELEMARKETING EQUIPMENT.
23 1. A person shall not do any of the following:
24 a. Utilize any ADAD equipment, predictive dialing
25 technology, or autodialer to call any person
26 registered on the do-not-call list maintained pursuant
27 to section 476B.3.
28 b. Make a telephone call to any person registered
29 on the do-not call list maintained pursuant to section
30 476B.3 while the person who is making the call is
31 performing paid telephone solicitation services
32 pursuant to contract, including payment by acceptance
33 of a percentage of any charitable donations collected
34 by the person while performing telephone solicitation

35 services.
36 c. Operate any ADAD equipment, predictive dialing
37 technology, or autodialers in a manner that
38 intentionally impedes or prevents the function of a
39 recipient's caller identification if the caller's
40 existing equipment is capable of allowing the display
41 of the caller's telephone number or identity.
42 2. a. Except as provided in paragraph "b", a
43 person shall not use, employ, or direct another person
44 to use, or contract for the use of, ADAD equipment.
45 b. Except for ADAD equipment that randomly or
46 sequentially selects the telephone numbers for
47 calling, the prohibition in paragraph "a" does not
48 apply to any of the following, provided that the
49 telephone numbers selected for automatic dialing have
50 been screened to exclude any consumer who is included

Page 4

1 on the do-not-call list pursuant to section 476B.3 or
2 who has an unlisted telephone number, unless the calls
3 made concern a consumer good or service that has been
4 previously ordered or purchased:
5 (1) Calls made with ADAD equipment by a nonprofit
6 organization or by an individual using the calls other
7 than for commercial profit-making purposes or fund-
8 raising, if the calls do not involve the advertisement
9 or offering for sale, lease, or rental of goods,
10 services, or property.
11 (2) Calls made with ADAD equipment relating to
12 payment for, service of, or warranty coverage of
13 previously ordered or purchased consumer goods or
14 services or to persons or organizations with an
15 existing business relationship with the persons or
16 organizations using the calls.
17 (3) Calls made with ADAD equipment relating to the
18 collection of lawful debts.
19 (4) Calls made with ADAD equipment to members or
20 employees of the organization making the calls.
21 (5) Calls made with ADAD equipment that use an
22 initial prerecorded message of a duration no greater
23 than seven seconds prior to a live operator intercept,
24 or calls that involve an initial message from a live
25 operator.
26 3. Calls made with ADAD equipment must terminate
27 the connection with any call within ten seconds after
28 the person receiving the call acts to disconnect the
29 call.
30 4. Calls made with predictive dialing technology
31 must meet a standard that allows a live telephone
32 solicitor to engage in conversation with a call
33 recipient within two seconds after the call is

34 answered by the call recipient.
35 Sec. . NEW SECTION. 476B.3 DO-NOT-CALL
36 LISTING.
37 1. The secretary of state shall contract with a
38 service that maintains a national do-not-call list, so
39 that Iowa telephone subscribers who do not wish to
40 receive unsolicited telephone solicitations utilizing
41 any ADAD equipment, predictive dialing technology, or
42 autodialers may register to be included on the list.
43 The contract shall be made in consultation with the
44 consumer protection division of the department of
45 justice, so that all evidentiary issues and other
46 issues related to enforcement are considered.
47 2. A residential, mobile, or telephonic paging
48 device telephone subscriber who does not wish to
49 receive unsolicited telephone solicitations may
50 register to be included on the do-not-call list

Page 5

1 contracted for by the secretary of state pursuant to
2 subsection 1.
3 3. A telephone solicitor doing business in Iowa
4 shall pay a fee to be determined pursuant to
5 subsection 5, and shall obtain a subscription to
6 receive the quarterly updated subscription listings of
7 consumers in Iowa who have registered to be included
8 on the do-not-call list referred to in this section.
9 4. A telephone solicitor shall not make a
10 telephone call with any ADAD equipment, predictive
11 dialing technology, or autodialer to any consumer in
12 Iowa whose name is on the do-not-call list referred to
13 in this section.
14 5. The secretary of state and consumer protection
15 division of the department of justice shall adopt
16 rules pursuant to chapter 17A to administer this
17 section, including appropriate notices to consumers of
18 the types of telephone calls toward which such
19 registration is directed, and the charging of a fee
20 for subscriptions to the list so that the list income
21 supports the cost of maintaining the list.
22 Sec. . NEW SECTION. 476B.4 TELEPHONE
23 SOLICITATION RESTRICTIONS.
24 A telephone solicitor who makes a telephone
25 solicitation to a residential, mobile, or telephonic
26 paging device telephone number shall disclose the
27 identity of the telephone solicitor and the business
28 on whose behalf the telephone solicitor is making the
29 telephone solicitation, immediately upon making
30 contact by telephone with the person who is the object
31 of the telephone solicitation. The telephone
32 solicitor shall also comply with the provisions of 16

33 C.F.R. � 310.4 in regard to required disclosures and
34 other actions of the telephone solicitor. The
35 business employing the telephone solicitor shall also
36 comply with the provisions of 16 C.F.R. � 310.5,
37 particularly with regard to the use of fictitious
38 names by employees and recordkeeping by the business
39 regarding such names.
40 Sec. . NEW SECTION. 476B.5 REQUIREMENTS FOR
41 CONTRACTS MADE PURSUANT TO TELEPHONE SOLICITATION.
42 1. A contract made pursuant to a telephone
43 solicitation is not valid and enforceable against a
44 consumer unless made in compliance with this section.
45 2. A contract made pursuant to a telephone
46 solicitation must satisfy all of the following:
47 a. The contract must be reduced to writing and
48 signed by the consumer.
49 b. The contract must comply with all other
50 applicable laws and rules.

Page 6

1 c. The contract must match the description of
2 consumer goods or services as principally communicated
3 in the telephone solicitation.
4 d. The contract must contain the name, address,
5 and telephone number of the seller, the total price of
6 the contract, and a detailed description of the
7 consumer goods or services being sold.
8 e. The contract must contain, in bold, conspicuous
9 type, immediately preceding the signature, the
10 following statement:
11 "You are not obligated to pay any money unless you
12 sign this contract and return it to the seller."
13 f. The contract must not exclude from its terms
14 any oral or written representations made by the
15 telephone solicitor to the consumer in connection with
16 the transaction.
17 This section does not apply to contractual sales
18 specifically regulated by other law, or to the sale of
19 financial services, security sales, or sales
20 transacted by insurance companies or their wholly
21 owned subsidiaries or agents, or to the sale of cable
22 television services to a franchised cable television
23 operator's existing subscribers within that cable
24 television operator's franchise area, or to any sales
25 where no prior payment is made to the merchant and an
26 invoice accompanies the consumer goods or services
27 allowing the consumer no less than seven days to
28 cancel or return the consumer goods or services
29 without obligation for any payment.
30 Sec. . NEW SECTION. 476B.6 RESTRICTIONS ON
31 CHARGES TO CREDIT CARD ACCOUNTS AND ELECTRONIC

32 TRANSFERS OF FUNDS.
33 1. A merchant who engages a telephone solicitor to
34 make or cause to be made a telephone solicitation
35 shall not make or submit any charge to a consumer's
36 credit card account or make or cause to be made any
37 electronic transfer of funds until after the merchant
38 receives from the consumer a copy of the contract,
39 signed by the consumer, that complies with section
40 476B.5.
41 2. This section does not apply to any of the
42 following:
43 a. A transaction made pursuant to prior
44 negotiations in the course of a visit by the consumer
45 to a merchant operating a retail business
46 establishment which has a fixed permanent location and
47 where consumer goods or services are displayed or
48 offered for sale on a continuing basis.
49 b. A transaction in which the consumer may obtain
50 a full refund for the return of undamaged and unused

Page 7

1 consumer goods or a cancellation of consumer services
2 by notice to the seller within seven days after
3 receipt by the consumer, and the seller will process
4 the refund within thirty days after receipt of the
5 returned consumer goods or cancellation of the
6 consumer services by the consumer.
7 c. A transaction in which the consumer purchases
8 consumer goods or services pursuant to an examination
9 of a television, radio, or print advertisement or a
10 sample, brochure, or catalog of the merchant that
11 contains all of the following:
12 (1) The name, address, and telephone number of the
13 merchant.
14 (2) A description of the consumer goods or
15 services being sold.
16 (3) Any limitations or restrictions that apply to
17 the offer.
18 d. A transaction in which the merchant is a bona
19 fide charitable organization or a newspaper.
20 Sec. . NEW SECTION. 476B.7 PREPAID CALLING
21 CARDS - DISCLOSURES - REQUIREMENTS.
22 1. A prepaid calling card company shall provide
23 all of the following information about the prepaid
24 calling services in a prominent area at the point of
25 sale of the prepaid calling services, legibly and
26 visibly printed on the card, packaging, or display in
27 such a manner that the consumer may make an informed
28 decision about the prepaid calling services prior to
29 purchase:
30 a. The maximum charge per minute for the prepaid

31 calling services.
32 b. All applicable surcharges.
33 c. The expiration policy for the prepaid calling
34 services, if applicable.
35 The company shall insure by contract with its
36 retailers or distributors that the information is
37 provided to the consumer.
38 2. A prepaid calling card company shall legibly
39 print all of the following information on the prepaid
40 calling card:
41 a. The name of the prepaid calling card company,
42 as registered with the secretary of state.
43 b. A toll-free customer service number.
44 c. A toll-free network access number.
45 d. The authorization code, if such a code is
46 required to access telecommunications service.
47 3. A prepaid calling card company shall provide
48 all of the following information and services through
49 its customer service telephone number:
50 a. Rates and surcharges.

Page 8

1 b. Balance of use in account.
2 c. Expiration date or period, if applicable.
3 d. A live operator to answer incoming calls
4 twenty-four hours a day, seven days a week, or
5 electronic voice recording of consumer messages. A
6 combination of live operators or recorders may be
7 used. If a recorder is used, the company shall
8 attempt to contact each consumer no later than the
9 next business day following the date of the recording.
10 4. A prepaid calling card company shall use the
11 following billing standards:
12 a. A prepaid calling card company shall only
13 charge a consumer for conversation time used plus
14 applicable surcharges.
15 b. The billing increment used by a prepaid calling
16 card company shall not exceed one minute.
17 c. Conversation time of less than a full minute
18 shall not be rounded up beyond the next full minute.
19 5. Cards that do not have a specific expiration
20 period printed on the card, and that have a balance of
21 service remaining, shall be considered active for a
22 minimum of one year from the date of first use, or if
23 recharged, from the date of the last recharge.
24 6. A prepaid calling card company shall have a
25 refund policy that meets all of the following minimum
26 requirements:
27 a. For prepaid calling services that are rendered
28 unusable for reasons beyond the consumer's control,
29 and have not exceeded the expiration period, a prepaid

30 calling card company shall provide a refund equal to
31 the value remaining in the account.
32 b. Each company may, but shall not be required to,
33 provide a refund when a card has been lost or stolen.
34 c. Refunds may be cash or replacement service, at
35 the prepaid calling card company's option, but must be
36 made to the consumer within sixty days of the request
37 for a refund by the consumer.
38 7. All cards sold by a prepaid calling card
39 company in Iowa after July 1, 2002, shall comply with
40 this section.
41 Sec. . NEW SECTION. 476B.8 INVESTIGATIONS -
42 CIVIL ACTIONS - CIVIL PENALTY - OTHER REMEDIES.
43 1. A violation of this chapter is a violation of
44 section 714.16, subsection 2, paragraph "a". All the
45 powers conferred upon the attorney general to
46 accomplish the objectives and carry out the duties
47 prescribed pursuant to section 714.16 are also
48 conferred upon the attorney general to enforce this
49 chapter, including, but not limited to, the power to
50 issue subpoenas, adopt rules pursuant to chapter 17A

Page 9

1 which shall have the force of law, and seek injunctive
2 relief and civil penalties.
3 2. In seeking reimbursement pursuant to section
4 714.16, subsection 7, from a person who has committed
5 a violation of this chapter, the attorney general may
6 seek an order from the court that the person pay to
7 the attorney general on behalf of consumers the
8 amounts for which the person would be liable under
9 section 476B.9, subsection 2, for each consumer who
10 has a cause of action pursuant to section 476B.9,
11 subsection 2. Section 714.16, as it relates to
12 consumer reimbursement, shall apply to consumer
13 reimbursement pursuant to this section.
14 Sec. . NEW SECTION. 476B.9 PRIVATE CAUSE OF
15 ACTION - DAMAGES AND INJUNCTIVE RELIEF.
16 In addition to any other remedies, a consumer who
17 receives more than one telephone solicitation within
18 any twelve-month period by or on behalf of the same
19 person in violation of any provision of this chapter
20 may bring an action against the person to recover all
21 of the following:
22 1. Preliminary and permanent injunctive relief
23 necessary to protect the public against further
24 violations.
25 2. The greater of actual monetary damages or a sum
26 not less than one hundred dollars but not more than
27 two thousand dollars for each telephone call made in
28 violation of this chapter.

29 3. Costs and reasonable attorney fees.
30 Reimbursement awarded to the attorney general
31 pursuant to section 714.16, subsection 7, on behalf of
32 a plaintiff who has filed an action pursuant to this
33 section concerning the same set of facts shall be
34 deducted from any damages awarded to the plaintiff in
35 an action filed under this section.
36 Sec. . NEW SECTION. 476B.10 NOTIFICATION OF
37 RIGHTS.
38 The board shall by rule ensure that
39 telecommunications providers inform their customers of
40 the customers' rights under this chapter. The
41 notification shall be made by at least both of the
42 following:
43 1. Annual inserts in the billing statements mailed
44 to customers.
45 2. Conspicuous publication of the notice in the
46 consumer information pages of the local telephone
47 directories."
48 2. Page 28, by inserting after line 14 the
49 following:
50 "Sec. . Section 476.57, Code 2001, is

Page 10

1 repealed."

Millage of Scott rose on a point of order that amendment H-8554
was not germane.

The Speaker ruled the point well taken and amendment H-8554
not germane.

Schrader of Marion moved to suspend the rules to consider
amendment H-8554.

Roll call was requested by Schrader of Marion and Myers of
Johnson.

Rule 75 was invoked.

On the question "Shall the rules be suspended to consider
amendment H-8554?" (S.F. 2326)

The ayes were, 42:

Atteberry	Bell	Bukta	Chiodo
Cohoon	Connors	Cormack	Dotzler
Fallon	Foege	Ford	Frevert
Greimann	Hatch	Huser	Jochum
Kreiman	Kuhn	Larkin	Lensing
Mascher	May	Mertz	Murphy
Myers	Osterhaus	Petersen	Reeder
Reynolds	Scherrman	Schrader	Seng
Shoultz	Smith	Stevens	Taylor, D.
Taylor, T.	Tremmel	Warnstadt	Winckler
Wise	Witt

The nays were, 52:

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

Absent or not voting, 6:

Grundberg	O'Brien	Quirk	Richardson
Sukup	Teig

The motion to suspend the rules lost.

Dix of Butler in the chair at 6:50 p.m.

Mertz of Kossuth offered the following amendment H-8553,
previously deferred, filed by Mertz, Kuhn of Floyd, Frevert of Palo
Alto and Stevens of Dickinson from the floor and moved its adoption:

H-8553

1 Amend Senate File 2326, as passed by the Senate, as
2 follows:
3 1. Page 30, by inserting after line 35 the
4 following:
5 " . Of the amount appropriated in this section,
6 $1,250,000 shall be used for salaries, support,
7 maintenance, and miscellaneous purposes for activities
8 regarding animal agriculture."

9 2. By renumbering, redesignating, and correcting
10 internal references as necessary.

Sievers of Scott in the chair at 6:58 p.m.

Roll call was requested by Mertz of Kossuth and T. Taylor of Linn.

Rule 75 was invoked.

On the question "Shall amendment H-8553 be adopted?" (S.F.
2326)

The ayes were, 42:

Atteberry	Bell	Bukta	Chiodo
Cohoon	Connors	Dotzler	Fallon
Foege	Ford	Frevert	Garman
Greimann	Hatch	Huser	Jochum
Kreiman	Kuhn	Larkin	Lensing
Mascher	May	Mertz	Murphy
Myers	Osterhaus	Petersen	Quirk
Reeder	Reynolds	Scherrman	Schrader
Seng	Shoultz	Smith	Stevens
Taylor, D.	Taylor, T.	Tremmel	Warnstadt
Winckler	Wise

The nays were, 53:

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

Absent or not voting, 5:

O'Brien	Richardson	Sukup	Teig
Witt

Amendment H-8553 lost.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

O'Brien of Boone on request of Myers of Johnson.

Winckler of Scott offered the following amendment H-8546 filed by
Winckler, et al., and moved its adoption:

H-8546

1 Amend Senate File 2326, as passed by the Senate, as
2 follows:
3 1. Page 42, by striking line 15 and inserting the
4 following:
5 " $ 5,454,745"

Roll call was requested by Winckler of Scott and T. Taylor of Linn.

On the question "Shall amendment H-8546 be adopted?" (S.F.
2326)

The ayes were, 42:

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

The nays were, 54:

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

Absent or not voting, 4:

O'Brien	Sukup	Teig	Witt

Amendment H-8546 lost.

Smith of Marshall asked and received unanimous consent to
withdraw amendment H-8557, previously deferred, filed by Smith,
Osterhaus of Jackson, Foege of Linn, Reeder of Fayette and Atteberry
of Delaware from the floor.

Smith of Marshall asked and received unanimous consent to
consider amendment H-8577 filed by Smith, Osterhaus of Jackson,
Foege of Linn, Reeder of Fayette and Atteberry of Delaware from the
floor, previously withdrawn.

H-8577

1 Amend Senate File 2326, as passed by the Senate, as
2 follows:
3 1. Page 96, line 4, by striking the figure
4 "35,288,782" and inserting the following:
5 "36,178,782".
6 2. Page 110, line 4, by striking the figure
7 "100,351,905" and inserting the following:
8 "101,228,905".
9 3. Page 125, line 28, by striking the figure
10 "52,356,098" and inserting the following:
11 "52,623,098".
12 4. Page 130, by striking lines 4 through 16.
13 5. Page 136, by inserting after line 6, the
14 following:
15 "Sec. . NEW SECTION. 249A.21 INTERMEDIATE
16 CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION -
17 ASSESSMENT.
18 1. The department may assess intermediate care
19 facilities for persons with mental retardation, as
20 defined in section 135C.1, that are not operated by
21 the state, a fee in an amount not to exceed six
22 percent of the total annual revenue of the facility
23 for the preceding fiscal year. Counties shall not be

24 required to participate in the cost of the assessment.
25 2. The assessment shall be paid to the department
26 in equal monthly amounts on or before the fifteenth
27 day of each month. The department may deduct the
28 monthly amount from medical assistance payments to a
29 facility described in subsection 1. The amount
30 deducted from payments shall not exceed the total
31 amount of the assessments due.
32 3. Revenue from the assessments shall be credited
33 to the state medical assistance appropriation. This
34 revenue may be used only for services for which
35 federal financial participation under the medical
36 assistance program is available to match state funds.
37 4. If federal financial participation to match the
38 assessments made under subsection 1 becomes
39 unavailable under federal law, the department shall
40 terminate the imposing of the assessments beginning on
41 the date that the federal statutory, regulatory, or
42 interpretive change takes effect.
43 5. The department of human services may procure a
44 sole source contract to implement the provisions of
45 this section."
46 6. Page 142, by inserting after line 20, the
47 following:
48 " . The section in this division of this Act
49 relating to the assessment on intermediate care
50 facilities for persons with mental retardation."

Page 2

1 7. By renumbering as necessary.

Roll call was requested by Smith of Marshall and Osterhaus of
Jackson.

On the question "Shall amendment H-8577 be adopted?" (S.F.
2326)

The ayes were, 42:

Atteberry

Bell

Bukta

Chiodo

Cohoon

Connors

Dotzler

Fallon

Foege

Ford

Frevert

Greimann

Hatch

Huser

Jochum

Kreiman

Kuhn

Larkin

Lensing

Mascher

May

Mertz

Murphy

Myers

Osterhaus

Petersen

Quirk

Reeder

Reynolds

Richardson

Scherrman

Schrader

Seng

Shoultz

Smith

Stevens

Taylor, D.

Taylor, T.

Tremmel

Warnstadt

Winckler

Wise

The nays were, 54:

Alons

Arnold

Baudler

Boal

Boddicker

Boggess

Bradley

Brauns

Broers

Brunkhorst

Carroll

Cormack

De Boef

Dix

Dolecheck

Drake

Eddie

Eichhorn

Elgin

Finch

Garman

Gipp

Grundberg

Hahn

Hansen

Heaton

Hoffman

Horbach

Hoversten

Huseman

Jacobs

Jenkins

Johnson

Jones

Kettering

Klemme

Larson

Manternach

Metcalf

Millage

Raecker

Rants

Rayhons

Rekow

Roberts

Shey

Siegrist, Spkr.

Tymeson

Tyrrell

Van Engelenhoven

Van Fossen

Weidman

Wilderdyke

Sievers,

Presiding

Absent or not voting, 4:

O'Brien	Sukup	Teig	Witt

Amendment H-8577 lost.

Speaker Siegrist in the chair at 7:59 p.m.

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed fifty-nine members present, forty-one
absent.

Kreiman of Davis moved to rerefer Senate File 2326 back to the
committee on appropriations.

A non-record roll call was requested.

Rule 75 was invoked.

The ayes were 42, nays 51.

The motion to rerefer lost.

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

On the question "Shall the bill pass?" (S.F. 2326)

The ayes were, 54:

Alons	Arnold	Baudler	Boal
Boddicker	Boggess	Bradley	Brauns
Broers	Brunkhorst	Carroll	Cormack
De Boef	Dix	Dolecheck	Drake
Eddie	Eichhorn	Elgin	Finch
Garman	Gipp	Grundberg	Hahn
Hansen	Heaton	Hoffman	Horbach
Hoversten	Huseman	Jacobs	Jenkins
Johnson	Jones	Kettering	Klemme
Larson	Manternach	Metcalf	Millage
Raecker	Rants	Rayhons	Rekow
Roberts	Shey	Sievers	Tymeson
Tyrrell	Van Engelenhoven	Van Fossen	Weidman
Wilderdyke	Mr. Speaker
	Siegrist

The nays were, 43:

Atteberry	Bell	Bukta	Chiodo
Cohoon	Connors	Dotzler	Fallon
Foege	Ford	Frevert	Greimann
Hatch	Huser	Jochum	Kreiman
Kuhn	Larkin	Lensing	Mascher
May	Mertz	Murphy	Myers
Osterhaus	Petersen	Quirk	Reeder
Reynolds	Richardson	Schrader	Seng
Shoultz	Smith	Stevens	Sukup
Taylor, D.	Taylor, T.	Tremmel	Warnstadt
Winckler	Wise	Witt

Absent or not voting, 3:

O'Brien	Scherrman	Teig

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
April 9, 2002, amended and passed the following bill in which the concurrence of the
House is asked:

House File 2612, 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 road use tax fund, primary road fund,
and general fund of the state, and providing for the nonreversion of certain moneys.

Also: That the Senate has on April 9, 2002, amended and passed the following bill
in which the concurrence of the House is asked:

House File 2613, a bill for an act relating to and making appropriations from the
senior living trust fund to the department of elder affairs and the department of
human services and making appropriations from the hospital trust fund to the
department of human services and providing effective dates and providing for
retroactive applicability.

Also: That the Senate has on April 9, 2002, amended and passed the following bill
in which the concurrence of the House is asked:

House File 2614, a bill for an act relating to and making appropriations to state
departments and agencies from the tobacco settlement trust fund, rebuild Iowa
infrastructure fund, and environment first fund, making related statutory changes,
and providing effective dates.

MICHAEL E. MARSHALL, Secretary

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: Senate
Files 2118 and 2323.

Rants of Woodbury asked and received unanimous consent for the
immediate consideration of House File 2622.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Scherrman of Dubuque on request of Myers of Johnson.

Ways and Means Calendar

House File 2622, a bill for an act relating to the administration of
the tax and related laws by the department of revenue and finance,
including administration of state individual income, corporate
income, sales and use, property, motor fuel, special fuel, and

inheritance taxes and including effective and retroactive applicability
date provisions, was taken up for consideration.

Richardson of Warren asked and received unanimous consent to
withdraw amendment H-8575 filed by him from the floor.

Wise of Lee offered the following amendment H-8574 filed by him
from the floor and moved its adoption:

H-8574

1 Amend House File 2622 as follows:
2 1. Page 9, by inserting after line 19 the
3 following:
4 "Sec. . Section 421.60, subsection 2, paragraph
5 m, subparagraphs (1) and (3), Code 2001, are amended
6 to read as follows:
7 (1) The director ~~may~~ shall abate unpaid state
8 sales and use taxes and local sales and services taxes
9 owed by a retailer in the event that the retailer
10 failed to collect tax from the purchaser or owed by a
11 purchaser in the event that the purchaser failed to
12 pay the tax to a retailer as a result of erroneous
13 written advice issued by the department that was
14 specially directed to the retailer or purchaser, as
15 applicable, by the department ~~and the retailer is~~
16 ~~unable to collect the tax, interest, or penalties from~~
17 ~~the purchaser~~. Before the tax, interest, and
18 penalties shall be abated on the basis of erroneous
19 written advice, the ~~retailer~~ person must present a
20 copy of the ~~retailer's~~ person's request for written
21 advice to the department and a copy of the
22 department's reply. The department shall not maintain
23 a position against the ~~retailer~~ person that is
24 inconsistent with the erroneous written advice, except
25 on the basis of subsequent written advice sent by the
26 department to that ~~retailer~~ person, or a change in
27 state or federal law, a reported court case to the
28 contrary, a contrary rule adopted by the department, a
29 change in material facts or circumstances relating to
30 the ~~retailer~~ person, or the ~~retailer's~~ person's
31 misrepresentation or incomplete or inadequate
32 representation of material facts and circumstances in
33 requesting the written advice.
34 (3) The director shall prepare quarterly reports
35 summarizing each case in which abatement of tax,
36 interest, or penalties was made. However, the report
37 shall not disclose the identity of the taxpayer. An
38 abatement authorized by this paragraph to a retailer
39 shall ~~not~~ preclude the department from proceeding to

40 collect the liability from a purchaser."
41 2. Page 20, by inserting after line 2 the
42 following:
43 "Sec. . REFUNDS. Refunds of taxes, interest,
44 or penalties which arise from claims resulting from
45 the amendment to section 421.60, subsection 2,
46 paragraph "m", subparagraphs (1) and (3), in this Act,
47 for sales for which erroneous written advice was
48 issued by the department to the claimant between
49 October 1, 1999, and the enactment of the amendment to
50 section 421.60, subsection 2, paragraph "m", in this

Page 2

1 Act, shall not be allowed unless refund claims are
2 filed prior to October 1, 2002."
3 3. Page 20, by inserting after line 19 the
4 following:
5 " . The section of this Act amending section
6 421.60, subsection 2, paragraph "m", relating to the
7 abatement of sales and use taxes and local sales and
8 services taxes, being deemed of immediate importance,
9 takes effect upon enactment and applies retroactively
10 to October 1, 1999."

Amendment H-8574 was adopted.

Warnstadt of Woodbury offered the following amendment H-8586
filed by him from the floor and moved its adoption:

H-8586

1 Amend House File 2622 as follows:
2 1. Page 9, by inserting after line 19 the
3 following:
4 "Sec. . Section 422.7, Code Supplement 2001, is
5 amended by adding the following new subsection:
6 NEW SUBSECTION. 38. Subtract, to the extent not
7 otherwise excluded, the amount of withdrawals from
8 tax-deferred savings accounts made during the tax year
9 if the taxpayer or taxpayer's spouse is a member of
10 the Iowa national guard or reserve forces of the
11 United States who is ordered to active state service
12 or federal service or duty. In addition, a penalty
13 for such withdrawals shall not be assessed by the
14 state."
15 2. Page 20, by inserting after line 19, the
16 following:
17 " . The section of this Act amending section
18 422.7 applies retroactively to January 1, 2002, for
19 tax years beginning on or after that date."

Amendment H-8586 was adopted.

Van Fossen of Scott offered the following amendment H-8585 filed
by him from the floor and moved its adoption:

H-8585

1 Amend House File 2622 as follows:
2 1. Page 11, by inserting after line 14 the
3 following:
4 "Sec. . Section 422.43, subsection 11,
5 unnumbered paragraph 1, Code Supplement 2001, is
6 amended to read as follows:
7 The following enumerated services are subject to
8 the tax imposed on gross taxable services: alteration
9 and garment repair; armored car; vehicle repair;
10 battery, tire, and allied; investment counseling;
11 service charges of ~~all~~ a financial ~~institutions~~
12 institution which are assessed by that financial
13 institution to its customers; barber and beauty; boat
14 repair; vehicle wash and wax; carpentry; roof,
15 shingle, and glass repair; dance schools and dance
16 studios; dating services; dry cleaning, pressing,
17 dyeing, and laundering; electrical and electronic
18 repair and installation; rental of tangible personal
19 property, except manufactured or mobile homes which
20 are tangible personal property; excavating and
21 grading; farm implement repair of all kinds; flying
22 service; furniture, rug, upholstery repair and
23 cleaning; fur storage and repair; golf and country
24 clubs and all commercial recreation; house and
25 building moving; household appliance, television, and
26 radio repair; jewelry and watch repair; limousine
27 service, including driver; machine operator; machine
28 repair of all kinds; motor repair; motorcycle,
29 scooter, and bicycle repair; oilers and lubricators;
30 office and business machine repair; painting,
31 papering, and interior decorating; parking facilities;
32 pipe fitting and plumbing; wood preparation; licensed
33 executive search agencies; private employment
34 agencies, excluding services for placing a person in
35 employment where the principal place of employment of
36 that person is to be located outside of the state;
37 sewage services for nonresidential commercial
38 operations; sewing and stitching; shoe repair and
39 shoeshine; sign construction and installation; storage
40 of household goods, mini-storage, and warehousing of
41 raw agricultural products; swimming pool cleaning and
42 maintenance; taxidermy services; telephone answering
43 service; test laboratories, including mobile testing
44 laboratories and field testing by testing

45 laboratories, and excluding tests on humans or
46 animals; termite, bug, roach, and pest eradicators;
47 tin and sheet metal repair; turkish baths, massage,
48 and reducing salons, excluding services provided by
49 massage therapists licensed under chapter 152C;
50 weighing; welding; well drilling; wrapping, packing,

Page 2

1 and packaging of merchandise other than processed
2 meat, fish, fowl, and vegetables; wrecking service;
3 wrecker and towing; pay television; campgrounds;
4 carpet and upholstery cleaning; gun and camera repair;
5 janitorial and building maintenance or cleaning; lawn
6 care, landscaping, and tree trimming and removal; pet
7 grooming; reflexology; security and detective
8 services; tanning beds or salons; and water
9 conditioning and softening."

Amendment H-8585 was adopted.

Richardson of Warren offered the following amendment H-8569
filed by him from the floor and moved its adoption:

H-8569

1 Amend House File 2622 as follows:
2 1. Page 12, by inserting after line 22, the
3 following:
4 "Sec. . Section 422.74, Code 2001, is amended
5 by adding the following new unnumbered paragraph:
6 NEW UNNUMBERED PARAGRAPH. There is annually
7 appropriated from moneys in the general fund of the
8 state not otherwise appropriated the sum of one
9 hundred sixty thousand dollars for data processing
10 staff for purposes of processing state tax returns."
11 2. Page 20, by inserting after line 19 the
12 following:
13 "_ _. The section of this Act amending section
14 422.74, being deemed of immediate importance, takes
15 effect upon enactment and applies to fiscal years
16 beginning on or after July 1, 2001."

Amendment H-8569 lost.

Shoultz of Black Hawk offered the following amendment H-8570
filed by him and Bell of Jasper from the floor and moved its adoption:

H-8570

1 Amend House File 2622 as follows:
2 1. By striking page 15, line 27 through page 16,
3 line 7.

Amendment H-8570 was adopted.

Eichhorn of Hamilton offered the following amendment H-8582
filed by him from the floor and moved its adoption:

H-8582

1 Amend House File 2622 as follows:
2 1. Page 19, by inserting after line 31 the
3 following:
4 "Sec. . ABATEMENT OF PROPERTY TAXES.
5 Notwithstanding the requirement for the filing of a
6 claim for property tax exemption by April 15 as
7 provided in section 427.1, subsection 14, Code
8 Supplement 1999, the board of supervisors of a county
9 having a population based upon the latest federal
10 census of more than one hundred eighty thousand but
11 not more than two hundred thousand shall abate the
12 property taxes owed, with all interest, fees, and
13 costs, levied for the fiscal year beginning July 1,
14 2000, which were payable during the fiscal year
15 beginning July 1, 2001, on the land and buildings of a
16 religious institution that did not receive a property
17 tax exemption for failure to file for the exemption.
18 To receive the abatement provided in this section, the
19 religious institution shall apply to the county board
20 of supervisors by October 1, 2002, and provide
21 appropriate information establishing that the lands
22 and buildings for which the abatement is sought were
23 used by the religious institution for its appropriate
24 objects during the fiscal year beginning July 1, 2000.
25 The abatement allowed under this section only applies
26 to property taxes, with all interests, fees, and
27 costs, levied for the fiscal year beginning July 1,
28 2000, and due and payable in the fiscal year beginning
29 July 1, 2001."
30 2. Page 20, by inserting after line 19 the
31 following:
32 " . The section of this Act providing for the
33 abatement of property taxes on religious property,
34 being deemed of immediate importance, takes effect
35 upon enactment, and applies retroactively to property
36 taxes due and payable in the fiscal year beginning
37 July 1, 2001."

Amendment H-8582 was adopted.

Eichhorn 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. 2622)

The ayes were, 96:

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

The nays were, none.

Absent or not voting, 4:

O'Brien	Richardson	Scherrman	Teig

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 2622 be immediately messaged to the Senate.

REPORT OF THE CHIEF CLERK OF THE HOUSE

MR. SPEAKER: Pursuant to House Rule 42, I report that in
enrolling bills the following corrections were made:

House File 2509

1. Page 7, line 7 - "(1) For purposes..." should be a new paragraph.

2. Page 23, line 19 - Put quotes around the a where it reads "paragraph a".

3. Page 43, line 32 - Two spaces between 490.1002 and AMENDMENT.

4. Page 71, line 34 - Don't strike the space between created and is.

5. Page 85, line 14 - Add an a to the word "as".

6. Page 106, line 22 - Take comma out after Act.

MARGARET A. THOMSON
Chief Clerk of the House

MOTION TO RECONSIDER
(Senate File 2326)

I move to reconsider the vote by which Senate File 2326 passed the
House on April 9, 2002.

RANTS of Woodbury

EXPLANATIONS OF VOTE

I was necessarily absent from the House chamber on April 8, 2002.
Had I been present, I would have voted "aye" on House File 2617 and
"nay" on House File 678.

FREVERT of Palo Alto

I was necessarily absent from the House chamber on April 8, 2002.
Had I been present, I would have voted "aye" on House File 2617 and
Senate File 2280.

JOHNSON of Osceola

I was necessarily absent from the House chamber on April 9, 2002.
Had I been present, I would have voted "aye" on House Files 2416,
2430 and Senate Files 2034, 2118, 2228 and 2323.

SHEY of Linn

CONFERENCE COMMITTEE REPORT FILED

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

MARGARET A. THOMSON
Chief Clerk of the House

House File 2532, a bill for an act relating to public retirement systems and
providing effective and retroactive applicability dates.

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

JEFF ELGIN, Chair SHELDON RITTMER, Chair
CHUCK GIPP MIKE CONNOLLY
RICK LARKIN RICHARD DRAKE
JANET METCALF JOHN P. KIBBIE
TODD TAYLOR MIKE SEXTON

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 9th day of April, 2002: House Files 2193, 2365, 2404, 2571 and 2582.

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 9, 2002, he approved and transmitted to the Secretary of
State the following bills:

House File 681, an act requiring the pledging of collateral in relation to the deposit
of uninsured public funds, making related changes, making penalties applicable, and
providing for applicability.

House File 2341, an act relating to electric transmission lines.

House File 2453, an act relating to the offices of the state and county medical
examiners, establishing fees, and making penalties applicable.

House File 2495, an act providing for the issuance of no-contact orders against
persons who are arrested for the crime of sexual abuse.

House File 2510, an act relating to the movement of dairy cattle from livestock
markets, and making penalties applicable.

House File 2514, an act relating to the indemnification of owners of animals with a
contagious disease under a plan of eradication.

House File 2518, an act relating to foster care and adoption requirements involving
licensing periods, foster parent training, and annual reports.

Senate File 2309, an act providing for regulation of processors, providing for
penalties, and providing an effective date and for retroactive applicability.

PRESENTATION OF VISITORS

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

Nine students from Lamoni High School, Lamoni, accompanied by
Jack Vanderflught. By Dolecheck of Ringgold.

Fifty fifth and sixth grade students from Longfellow Elementary
School, Iowa City, accompanied by Joe Winston and parents. By
Lensing of Johnson, Mascher of Johnson and Myers of Johnson.

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

2002\1002 Walter and Ednalouise Lenz, Sioux City - For celebrating their 50th
wedding anniversary.

2002\1003 Hilda Bichel, Silver City - For celebrating her 90th birthday.

2002\1004 Dora Parrott, Manchester - For celebrating her 101st birthday.

2002\1005 Hap Kint, Manchester - For celebrating her 80th birthday.

2002\1006 Hugo Henry Ehlers, Davenport - For celebrating his 80th birthday.

2002\1007 Gertrude Marie Ehlers, Davenport - For celebrating her 80th
birthday.

2002\1008 Hugo Henry and Gertrude Marie Ehlers, Davenport - For
celebrating their 50th wedding anniversary.

2002\1009 Mr. and Mrs. Charles DeSmet, Davenport - For celebrating their
50th wedding anniversary.

2002\1010 Ruth Fuller, Davenport - For celebrating her 95th birthday.

2002\1011 Emma Sissel, Davenport - For celebrating her 90th birthday.

2002\1012 Howard (Willie) Poore, Bedford - For celebrating his 90th birthday.

2002\1013 Thelma Larson, Corning - For celebrating her 91st birthday.

2002\1014 Steve Agnew, Calrinda - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2002\1015 Betty O'Brien, Oelwein - For celebrating her 90th birthday.

2002\1016 Mildred B. Westendorf, Readlyn - For celebrating her 85th birthday.

2002\1017 Betty Moore, Oelwein - For celebrating her 90th birthday.

2002\1018 Jean Edwards, North English - For celebrating her 80th birthday.

2002\1019 Mr. and Mrs. Francis Dick, Sigourney - For celebrating their 64th
wedding anniversary.

2002\1020 Orville and Loanna Bloethe, Victor - For celebrating their 55th
wedding anniversary.

2002\1021 Wilbur and Lois Shine, Victor - For celebrating their 60th wedding
anniversary.

2002\1022 Leo and Henrietta Yaeger, Sigourney - For celebrating their 60th
wedding anniversary.

2002\1023 Vanalia McNeill, Onawa - For celebrating her 90th birthday on May
27, 2002.

2002\1024 Brian Forney, Spirit Lake - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.

2002\1025 Trent Thunhorst, Spirit Lake - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.

2002\1026 John P. Nelson, Council Bluffs - For being honored as the Citizen of
the Year by the United Way of the Midlands.

2002\1027 Mike Schwarck, Charles City - For celebrating his 80th birthday.

2002\1028 Forrest and Virginia Ellison, Osage - For celebrating their 60th
wedding anniversary.

2002\1029 Roger and Gilma Lenz, Riceville - For celebrating their 50th
wedding anniversary.

2002\1030 Robert and Helen Spinler, Lost Nation - For celebrating their 50th
wedding anniversary.

2002\1031 Bill and Donna Matthiesen, Wadena - For celebrating their 50th
wedding anniversary.

2002\1032 Roman and Rosemary Welter, Monticello - For celebrating their 50th
wedding anniversary.

2002\1033 Bill and Mary Ellen Dreier, Cedar Falls - For celebrating their 60th
wedding anniversary.

2002\1034 Harry C. "Bob" and Melba Kelly, Cedar Falls - For celebrating their
60th wedding anniversary.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS

House Study Bill 721

Ways and Means: Eichhorn, Chair; Shey and Shoultz.

House Study Bill 722

Ways and Means: Eichhorn, Chair; Shey and Shoultz.

COMMITTEE RECOMMENDATIONS

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

MARGARET A. THOMSON
Chief Clerk of the House

COMMITTEE ON APPROPRIATIONS

House File 729, a bill for an act relating to the linked investments for tomorrow
Act and providing effective dates.

Fiscal Note is not required.

Recommended Amend and Do Pass with amendment H-8566 April 8, 2002.

COMMITTEE ON WAYS AND MEANS

Committee Bill (Formerly House Study Bill 721), relating to the administration of
the tax and related laws by the department of revenue and finance, including
administration of state individual income, corporate income, sales and use, property,
motor fuel, special fuel, and inheritance taxes and including effective and retroactive
applicability date provisions.

Fiscal Note is not required.

Recommended Amend and Do Pass April 9, 2002.

RESOLUTIONS FILED

HR 131, by O'Brien, a resolution honoring the Des Moines Area
Community College Men's Basketball Team.

Laid over under Rule 25.

HR 132, by Sievers, a resolution requesting Iowa's congressional
delegation to work to permanently repeal the federal death tax.

Laid over under Rule 25.

HR 133, by Huser, Jenkins, Drake, Weidman, Lensing, Bell,
Greimann, Winckler, Raecker, Gipp, Jacobs, Scherrman, Chiodo,
T. Taylor, Foege, and Dotzler, a resolution offering condolences to the

people of Great Britain upon the death of Elizabeth, Queen Consort of
King George VI and mother of Queen Elizabeth II.

Laid over under Rule 25.

HR 134, by Siegrist, Rants, and Myers, a resolution honoring Diane
E. Bolender upon her retirement as Director of the Legislative
Service Bureau.

Laid over under Rule 25.

HR 135, by Siegrist, Rants, and Myers, a resolution honoring Thane
R. Johnson upon his retirement from the Legislative Service Bureau
as a Senior Research Analyst.

Laid over under Rule 25.

HR 136, by Bell, a resolution supporting a proposal to invite the
Republic of China (Taiwan) to participate in the upcoming meeting of
the World Health Assembly as an observer.

Laid over under Rule 25.

AMENDMENTS FILED

H-8549 S.F. 2286 Hatch of Polk
H-8550 S.F. 2144 Chiodo of Polk
H-8556 S.F. 2144 Chiodo of Polk
H-8558 S.F. 2325 Mascher of Johnson
H-8559 S.F. 2305 Warnstadt of Woodbury
H-8560 H.F. 2618 Tymeson of Madison
Huser of Polk
H-8561 H.F. 2618 Metcalf of Polk
H-8562 S.F. 2318 Fallon of Polk
H-8563 S.F. 2144 Chiodo of Polk
H-8565 S.F. 2316 Cormack of Webster
H-8566 H.F. 729 Committee on Appropriations

H-8567 S.F. 2144 Horbach of Tama
Kettering of Sac Dotzler of Black Hawk
Chiodo of Polk Brunkhorst of Bremer
Heaton of Henry Hansen of Pottawattamie
Tyrrell of Iowa Elgin of Linn
Mertz of Kossuth
H-8568 S.F. 2106 Brunkhorst of Bremer
Warnstadt of Woodbury
H-8571 H.F. 2378 Senate Amendment
H-8572 S.F. 2144 Chiodo of Polk
H-8580 H.F. 2613 Senate Amendment
H-8581 H.F. 2612 Senate Amendment
H-8583 H.F. 2614 Senate Amendment
H-8584 H.F. 2618 Shey of Linn
Kreiman of Davis
Dotzler of Black Hawk
Connors of Polk
Sievers of Scott
H-8587 S.F. 2144 Kettering of Sac

On motion by Rants of Woodbury the House adjourned at 10:12
p.m., until 8:45 a.m., Wednesday, April 10, 2002.

Correction to the Journal of April 8, 2002

Page 1201-Amendment H-8540 should have been printed as follows:

H-8540

1 Amend the amendment, H-8488, to the Senate
2 amendment, H-8464, to House File 678, as passed by the
3 House, as follows:
4 1. Page 1, lines 13 and 14, by striking the words
5 "in cases where the parents do not agree to joint
6 physical care".

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