The nays were, 7:
| Cormack | Fallon | Ford | Frevert |
| Garman | Huser | Murphy | |
Absent or not voting, 7:
| Foege | Osterhaus | Quirk | Schrader |
| Shoultz | Smith | 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 2614 be immediately messaged to the Senate.
RULE 57 SUSPENDED
Rants of Woodbury asked and received unanimous consent to
suspend Rule 57, relating to committee notice and agenda, for a
meeting of the committee on education immediately.
The House stood at ease at 1:07 p.m., until the fall of the gavel.
The House resumed session at 1:39 p.m., Bradley of Clinton in the
chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed fifty-four members present, forty-six
absent.
SENATE AMENDMENT CONSIDERED
Brunkhorst of Bremer called up for consideration House File
2615, a bill for an act relating to and making appropriations from the
healthy Iowans tobacco trust and the tobacco settlement trust fund,
and providing effective dates, amended by the Senate amendment H-
8642 as follows:
H-8642
1 Amend House File 2615, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 7, by striking lines 17 through 32, and
4 inserting the following:
5 "Sec. . DEPARTMENT OF CORRECTIONS - SPECIAL
6 NEEDS UNIT. There is appropriated from the healthy
7 Iowans tobacco trust created in section 12.65, to the
8 department of corrections for the fiscal year
9 beginning July 1, 2002, and ending June 30, 2003, the
10 following amount, or so much thereof as is necessary,
11 to be used for the purpose designated:
12 For operating the special needs unit at the Fort
13 Madison correctional facility and for not more than
14 the following full-time equivalent positions:
15 $ 1,100,000
16 FTEs 17.87"
17 2. By striking page 7, line 33, through page 8,
18 line 11, and inserting the following:
19 "Sec.___. PRIOR YEAR NONREVERSION.
20 Notwithstanding 2001 Iowa Acts, chapter 184, section
21 3, subsection 3, 2001 Iowa Acts, chapter 184, section
22 13, and section 8.33, moneys appropriated under 2001
23 Iowa Acts, chapter 184, section 3, subsection 2, for
24 the establishment and operating of a substance abuse
25 treatment facility which are unobligated or
26 unencumbered on April 1, 2002, shall not be expended
27 or obligated during the remainder of the fiscal year
28 beginning July 1, 2001, and ending June 30, 2002, and
29 shall not revert but shall be available for the fiscal
30 year beginning July 1, 2002, and ending June 30, 2003,
31 for the following:
32 1. The first $200,000 available shall be used for
33 a value-based treatment program at the Newton
34 correctional facility.
35 2. The remaining moneys available shall be used to
36 supplement the appropriations in this or any other Act
37 for substance abuse treatment under the substance
38 abuse treatment program.
39 3. Any unobligated or unencumbered moneys
40 remaining at the end of the fiscal year beginning July
41 1, 2002, shall revert to the healthy Iowans tobacco
42 trust."
43 3. Page 10, by striking lines 3 through 7.
44 4. Page 10, by inserting after line 11, the
45 following:
46 "Sec. . EFFECTIVE DATE - RETROACTIVE
47 APPLICABILITY. Section 6 of this Act, relating to
48 nonexpenditure, nonobligation, and nonreversion of
49 funds remaining unencumbered or unobligated on April
50 1, 2002, which were appropriated for the establishment
Page 2
1 and operation of a substance abuse treatment facility
2 and which are to be available in the fiscal year
3 beginning July 1, 2002, and ending June 30, 2003, to
4 supplement appropriations for substance abuse
5 treatment under the substance abuse treatment program,
6 takes effect upon enactment and is retroactively
7 applicable to April 1, 2002."
8 5. Title page, by striking line 3, and inserting
9 the following: "and providing effective dates, and
10 providing for retroactive applicability."
Warnstadt of Woodbury offered the following amendment H-8648,
to the Senate amendment H-8642, filed by him from the floor and
moved its adoption:
H-8648
1 Amend the Senate amendment, H-8642, to House File
2 2615, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by striking lines 32 though 34, and
5 inserting the following:
6 "1. The first $27,409 available shall be used to
7 supplement the appropriations in this or any other Act
8 for the state poison control center.
9 2. The next $172,591 available shall be used for a
10 value-based treatment program at the Newton
11 correctional facility."
12 2. Page 1, line 35, by striking the figure "2"
13 and inserting the following: "3".
14 3. Page 1, line 39, by striking the figure "3"
15 and inserting the following: "4".
16 4. Page 2, line 3, by striking the word "to".
17 5. Page 2, by striking lines 4 and 5.
18 6. By renumbering as necessary.
Rants of Woodbury asked and received unanimous consent that
House File 2615 be deferred and that the bill retain its place on the
calendar. (Amendments H-8642 and H-8648 pending)
CONSIDERATION OF BILLS
Ways and Means Calendar
Senate File 2321, 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, with report of committee
recommending passage, was taken up for consideration.
SPECIAL PRESENTATION
Shoultz of Black Hawk introduced to the House the Honorable Bill
Bernau, former state representative from Story County.
The House rose and expressed its welcome.
Shoultz of Black Hawk offered the following amendment H-8595
filed by him and moved its adoption:
H-8595
1 Amend Senate File 2321, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 2, by striking lines 29 and 30 and
4 inserting the following: "paragraph 2, Code
5 Supplement 2001, is amended to read as follows:
6 This subsection is repealed December 31,
7 2004."
8 2. Page 2, by striking lines 32 and 33, and
9 inserting the following: "2, Code Supplement 2001, is
10 amended to read as follows:
11 This subsection is repealed December 31,
12 2004."
13 3. Title page, line 4, by striking the word
14 "striking" and inserting the following: "extending
15 the time for".
Roll call was requested by Larson of Linn and Millage of Scott.
On the question "Shall amendment H-8595 be adopted?" (S.F.
2321)
The ayes were, 48:
| Atteberry | Bell | Bukta | Chiodo |
| Cohoon | Connors | Cormack | Dotzler |
| Drake | Fallon | Finch | Foege |
| Ford | Frevert | Greimann | Hatch |
| Hoffman | Huser | Jochum | Kettering |
| Kreiman | Kuhn | Larkin | Lensing |
| Mascher | May | 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, 50:
| Alons | Arnold | Baudler | Boal |
| Boddicker | Boggess | Brauns | Broers |
| Brunkhorst | Carroll | De Boef | Dix |
| Dolecheck | Eddie | Eichhorn | Elgin |
| Garman | Gipp | Grundberg | Hahn |
| Hansen | Heaton | Horbach | Hoversten |
| Huseman | Jacobs | Jenkins | Johnson |
| Jones | Klemme | Larson | Manternach |
| Metcalf | Millage | Raecker | Rants |
| Rayhons | Rekow | Roberts | Shey |
| Siegrist, Spkr. | Sievers | Sukup | Tymeson |
| Tyrrell | Van Engelenhoven | Van Fossen | Weidman |
| Wilderdyke | Bradley, | ||
| Presiding | |||
Absent or not voting, 2:
| Mertz | Teig |
Amendment H-8595 lost.
Van Fossen 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. 2321)
The ayes were, 75:
| Alons | Arnold | Atteberry | Baudler |
| Bell | Boal | Boddicker | Boggess |
| Brauns | Broers | Brunkhorst | Bukta |
| Carroll | Chiodo | Cohoon | Cormack |
| De Boef | Dix | Dolecheck | Drake |
| Eddie | Eichhorn | Elgin | Finch |
| Ford | Garman | Gipp | Grundberg |
| Hahn | Hansen | Hoffman | Horbach |
| Hoversten | Huseman | Huser | Jacobs |
| Jenkins | Johnson | Jones | Kettering |
| Klemme | Kreiman | Kuhn | Larkin |
| Larson | Manternach | May | Metcalf |
| Millage | Myers | Petersen | Quirk |
| Raecker | Rants | Rayhons | Reeder |
| Rekow | Roberts | Seng | Shey |
| Siegrist, Spkr. | Sievers | Smith | Stevens |
| Sukup | Tymeson | Tyrrell | Van Engelenhoven |
| Van Fossen | Warnstadt | Weidman | Wilderdyke |
| Wise | Witt | Bradley, | |
| Presiding | |||
The nays were, 22:
| Connors | Dotzler | Fallon | Foege |
| Frevert | Greimann | Hatch | Jochum |
| Lensing | Mascher | Murphy | O'Brien |
| Osterhaus | Reynolds | Richardson | Scherrman |
| Schrader | Shoultz | Taylor, D. | Taylor, T. |
| Tremmel | Winckler | ||
Absent or not voting, 3:
| Heaton | Mertz | 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
Senate File 2321 be immediately messaged to the Senate.
Speaker Siegrist in the chair at 3:05 p.m.
ADOPTION OF HOUSE RESOLUTION 138
Jenkins of Black Hawk asked and received unanimous consent for
the immediate consideration of House Resolution 138, a resolution
recognizing and congratulating the City of Cedar Falls for receiving
the Great American Main Street Award from the National Trust for
Historic Preservation, Jenkins and Witt of Black Hawk moved its
adoption.
The motion prevailed and the resolution was adopted.
Appropriations Calendar
House File 2623, a bill for an act relating to public funding
provisions involving the compensation and benefits for public officials
and employees, county mental health allowed growth, regulatory and
other properly related matters of the state, making and reducing
appropriations, and providing effective dates, was taken up for
consideration.
The House stood at ease at 4:16 p.m., until the fall of the gavel.
The House resumed session at 5:48 p.m., Speaker pro tempore
Sukup in the chair.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 11, 2002, concurred in the House amendment to the Senate amendment, and
passed the following bill in which the concurrence of the Senate was asked:
House File 678, A bill for an act relating to child custody and visitation including
the requirement of mediation when a custody arrangement is disputed.
Also: That the Senate has on April 11, 2002, amended and passed the following bill
in which the concurrence of the House is asked:
House File 2339, A bill for an act relating to the filing of a supersedeas bond.
Also: That the Senate has on April 11, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2592, A bill for an act relating to deferment of taxable income for start-
up businesses and providing an effective and retroactive applicability date.
MICHAEL E. MARSHALL, Secretary
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.
Millage of Scott offered the following amendment H-8659 filed by
him from the floor and moved its adoption:
H-8659
1 Amend House File 2623 as follows:
2 1. Page 1, line 5, by striking the word
3 "TRANSFER." and inserting the following: "AND
4 UNDERGROUND STORAGE TANK FUND TRANSFERS.
5 a."
6 2. Page 1, by inserting after line 14 the
7 following:
8 "b. Notwithstanding section 455G.3, subsection 1,
9 on July 1, 2002, $11,100,000 is transferred from the
10 Iowa comprehensive petroleum underground storage tank
11 fund created in section 455G.3, subsection 1, to the
12 salary adjustment fund."
13 3. Page 1, line 16, by inserting after the word
14 "PROCEEDS" the following: " - UNDERGROUND STORAGE
15 TANK FUND TRANSFER".
16 4. Page 1, line 17, by inserting after the word
17 "proceeds" the following: "and underground storage
18 tank fund moneys".
19 5. Page 1, line 23, by striking the figure
20 "$30,000,000" and inserting the following:
21 "$41,100,000".
22 6. Page 4, line 3, by striking the figure
23 "$18,000,000" and inserting the following:
24 "$25,000,000".
25 7. Page 4, line 20, by striking the figure
26 "$2,970,000" and inserting the following:
27 "$4,000,000".
28 8. Page 46, by inserting after line 13 the
29 following:
30 "DIVISION ___
31 APPROPRIATION ADJUSTMENTS
32 Sec. . SECRETARY OF STATE. 2002 Iowa Acts,
33 Senate File 2326, section 23, subsection 2, if
34 enacted, is amended to read as follows:
35 2. BUSINESS SERVICES
36 For salaries, support, maintenance, miscellaneous
37 purposes, and for not more than the following full-
38 time equivalent positions
39 $
40 1,533,235
41 ............................................... FTEs 32.00
42 Sec. . 2002 Iowa Acts, Senate File 2326,
43 section 79, subsections 17 and 18, if enacted, are
44 amended to read as follows:
45 17. STUDENT ACHIEVEMENT AND TEACHER QUALITY
46 PROGRAM
47 For purposes, as provided in law, of the student
48 achievement and teacher quality program established
49 pursuant to chapter 284:
50 $
Page 2
1 16,100,000
2 Notwithstanding section 8.33, any moneys remaining
3 unencumbered or unobligated from the moneys allocated
4 as provided in this subsection shall not revert but
5 shall remain available in the succeeding fiscal year
6 for expenditure for the purposes designated. The
7 provisions of section 8.39 shall not apply to the
8 funds appropriated pursuant to this subsection.
9 18. COMMUNITY COLLEGES
10 For general state financial aid, including general
11 financial aid to merged areas in lieu of personal
12 property tax replacement payments, to merged areas as
13 defined in section 260C.2, for vocational education
14 programs in accordance with chapters 258 and 260C:
15 $
16 138,585,680
17 The funds appropriated in this subsection shall be
18 allocated as follows:
19 a. Merged Area I $
20 6,650,811
21 b. Merged Area II $
22 7,812,271
23 c. Merged Area III $
24 7,257,423
25 d. Merged Area IV $
26 3,547,274
27 e. Merged Area V $
28 7,421,336
29 f. Merged Area VI $
30 6,875,727
31 g. Merged Area VII $
32 9,920,760
33 h. Merged Area IX $
34 12,201,815
35 i. Merged Area X $
36 19,149,218
37 j. Merged Area XI $
38 20,324,204
39 k. Merged Area XII $
40 8,007,145
41 l. Merged Area XIII $
42 8,233,761
43 m. Merged Area XIV $
44 3,589,571
45 n. Merged Area XV $
46 11,295,119
47 o. Merged Area XVI $
48 6,299,245
49 Sec. . REGENTS INSTITUTIONS. The amounts
50 appropriated from the general fund of the state to the
Page 3
1 state board of regents for the state university of
2 Iowa, the Iowa state university of science and
3 technology, and the university of northern Iowa, in
4 2002 Iowa Acts, Senate File 2326, section 81,
5 subsections 2, 3, and 4, if enacted, for the fiscal
6 year beginning July 1, 2002, and ending June 30, 2003,
7 are reduced by the following amount:
8 $ 5,000,000
9 The state board of regents shall apply the
10 reduction made in this section to the appropriations
11 made to the indicated institutions in a manner so that
12 an institution's appropriation is reduced in
13 proportion to the amount the institution's
14 appropriation in 2002 Iowa Acts, Senate File 2326,
15 section 81, bears to the total amount appropriated in
16 that section to the three institutions.
17 Sec. . MEDICAL ASSISTANCE. 2002 Iowa Acts,
18 Senate File 2326, section 104, unnumbered paragraph 2,
19 if enacted, is amended to read as follows:
20 For medical assistance reimbursement and associated
21 costs as specifically provided in the reimbursement
22 methodologies in effect on June 30, 2002, except as
23 otherwise expressly authorized by law, including
24 reimbursement for abortion services, which shall be
25 available under the medical assistance program only
26 for those abortions which are medically necessary:
27 $
28 412,907,073
29 Sec. . CHILDREN'S HEALTH INSURANCE PROGRAM.
30 2002 Iowa Acts, Senate File 2326, section 106,
31 unnumbered paragraph 2, if enacted, is amended to read
32 as follows:
33 For maintenance of the healthy and well kids in
34 Iowa (hawk-i) program pursuant to chapter 514I for
35 receipt of federal financial participation under Title
36 XXI of the federal Social Security Act, which creates
37 the state children's health insurance program:
38 $
39 11,458,412
40 Sec. . 2002 Iowa Acts, Senate File 2326,
41 section 172, if enacted, is amended to read as
42 follows:
43 SEC. 172. EDUCATIONAL EXCELLENCE. Notwithstanding
44 section 294A.25, subsection 1, the amount appropriated
45 from the general fund of the state under section
46 294A.25, subsection 1, to the department of education
47 for phase III moneys for the fiscal year beginning
48 July 1, 2002, and ending June 30, 2003, is reduced by
49 the following amount:
50 $
Page 4
1 14,000,000
2 Sec. . UNDERGROUND STORAGE TANK FUND.
3 Notwithstanding section 455G.3, subsection 1, there is
4 transferred from the Iowa comprehensive petroleum
5 underground storage tank fund created in section
6 455G.3, subsection 1, to the department of education
7 during the fiscal year beginning July 1, 2002, and
8 ending June 30, 2003, the following amount, to be used
9 for the purposes designated:
10 For purposes, as provided in law, of the student
11 achievement and teacher quality program established
12 pursuant to chapter 284:
13 $ 8,900,000
14 Moneys transferred in this section are appropriated
15 to the department to be used for the purposes
16 designated. Notwithstanding section 8.33, moneys
17 appropriated in this section that remain unencumbered
18 or unobligated at the close of the fiscal year shall
19 not revert but shall remain available for expenditure
20 for the purposes designated until the close of the
21 succeeding fiscal year. The provisions of section
22 8.39 do not apply to the moneys appropriated in this
23 section.
24 Sec. . PREMIUM TAX REVENUES. Notwithstanding
25 any provision of law to the contrary, if 2002 Iowa
26 Acts, Senate File 2318, is enacted, before any premium
27 tax revenues are credited to the general fund of the
28 state for the fiscal year beginning July 1, 2002, and
29 ending June 30, 2003, the following amount of the
30 revenues first received is appropriated to the
31 department of education for the fiscal year beginning
32 July 1, 2002, and ending June 30, 2003, to be used for
33 the purposes designated:
34 For purposes, as provided in law, of the student
35 achievement and teacher quality program established
36 pursuant to chapter 284:
37 $ 10,000,000
38 Notwithstanding section 8.33, moneys appropriated
39 in this section that remain unencumbered or
40 unobligated at the close of the fiscal year shall not
41 revert but shall remain available for expenditure for
42 the purposes designated until the close of the
43 succeeding fiscal year. The provisions of section
44 8.39 do not apply to the moneys appropriated in this
45 section.
46 Sec. . REBUILD IOWA INFRASTRUCTURE FUND -
47 GAMBLING REVENUES. Notwithstanding section 8.57,
48 subsection 5, there is transferred from pari-mutuel
49 wagering and gambling revenues credited to the rebuild
50 Iowa infrastructure fund created in section 8.57,
Page 5
1 subsection 5, for public vertical infrastructure
2 projects, to the department of education for the
3 fiscal year beginning July 1, 2002, and ending June
4 30, 2003, the following amount, to be used for the
5 purposes designated:
6 For purposes, as provided in law, of the student
7 achievement and teacher quality program established
8 pursuant to chapter 284:
9 $ 5,000,000
10 Moneys transferred in this section are appropriated
11 to the department to be used for the purposes
12 designated. Notwithstanding section 8.33, moneys
13 appropriated in this section that remain unencumbered
14 or unobligated at the close of the fiscal year shall
15 not revert but shall remain available for expenditure
16 for the purposes designated until the close of the
17 succeeding fiscal year. The provisions of section
18 8.39 do not apply to the moneys appropriated in this
19 section."
20 9. By renumbering as necessary.
Shey of Linn in the chair at 6:03 p.m.
Amendment H-8659 was adopted.
Murphy of Dubuque asked and received unanimous consent to
withdraw amendment H-8647 filed by him from the floor.
Jochum of Dubuque asked and received unanimous consent to
withdraw amendment H-8663 filed by her from the floor.
The following amendments were deferred by unanimous consent:
Amendment H-8644 filed by Grundberg of Polk.
Amendment H-8650 filed by Grundberg of Polk.
Amendment H-8646 filed by Grundberg of Polk.
Amendment H-8643 filed by Osterhaus of Jackson.
Bell of Jasper offered the following amendment H-8627 filed by
Bell, Gipp of Winneshiek and Murphy of Dubuque and moved its
adoption:
H-8627
1 Amend House File 2623 as follows:
2 1. Page 13, by striking lines 11 through 22.
Amendment H-8627 was adopted.
Ford of Polk offered amendment H-8639 filed by him as follows:
H-8639
1 Amend House File 2623 as follows:
2 1. Page 13, by inserting after line 22 the
3 following:
4 "Sec. . Section 123.3, subsection 12A, Code
5 2001, is amended to read as follows:
6 12A. "Designated security employee" means an
7 agent, contract employee, or employee of a licensee or
8 permittee who
9
10 at a commercial establishment licensed or permitted
11 under this chapter."
12 2. By renumbering as necessary.
Millage of Scott rose on a point of order that amendment H-8639
was not germane.
The Speaker ruled the point well taken and amendment H-8639
not germane.
Ford of Polk asked for unanimous consent to suspend the rules to
consider amendment H-8639.
Objection was raised.
Ford of Polk moved to suspend the rules to consider amendment H-
8639.
Roll call was requested by Huser of Polk and T. Taylor of Linn.
On the question "Shall the rules be suspended to consider
amendment H-8639?" (H.F. 2623)
The ayes were, 42:
| Atteberry | Bell | Bukta | Chiodo |
| Cohoon | Connors | Cormack | Dotzler |
| Fallon | Ford | Frevert | Greimann |
| Hatch | Huser | Jochum | Kreiman |
| Kuhn | Larkin | Lensing | Mascher |
| May | 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, 52:
| Alons | Arnold | Baudler | Boal |
| Boddicker | Boggess | Bradley | Brauns |
| Broers | Brunkhorst | Carroll | De Boef |
| Dix | Dolecheck | Drake | Eddie |
| Eichhorn | Elgin | Finch | Garman |
| Gipp | 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 Engelenhoven |
| Van Fossen | Weidman | Wilderdyke | Shey, |
| Presiding | |||
Absent or not voting, 6:
| Foege | Grundberg | Hahn | Mertz |
| O'Brien | Teig | ||
The motion to suspend the rules lost.
Metcalf of Polk in the chair at 6:31 p.m.
Ford of Polk asked and received unanimous consent that
amendment H-8655 be deferred.
Millage of Scott offered the following amendment H-8664 filed by
him from the floor and moved its adoption:
H-8664
1 Amend House File 2623 as follows:
2 1. Page 13, by inserting after line 22 the
3 following:
4 "Sec. . Section 124.401A, Code 2001, is amended
5 to read as follows:
6 124.401A ENHANCED PENALTY FOR MANUFACTURE OR
7 DISTRIBUTION TO PERSONS ON CERTAIN REAL PROPERTY.
8 In addition to any other penalties provided in this
9 chapter, a person who is eighteen years of age or
10 older who unlawfully manufactures with intent to
11 distribute, distributes, or possesses with intent to
12 distribute a substance or counterfeit substance listed
13 in schedule I, II, or III, or a simulated controlled
14 substance represented to be a controlled substance
15 classified in schedule I, II, or III, to another
16 person who is eighteen years of age or older in or on,
17 or within one thousand feet of the real property
18 comprising a public or private elementary or secondary
19 school, public park, public swimming pool, public
20 recreation center, or on a marked school bus, may be
21 sentenced up to an additional term of confinement of
22 five years.
23 Sec. . Section 124.409, subsection 1, Code
24 2001, is amended by striking the subsection."
25 2. Page 22, by inserting after line 34 the
26 following:
27 "Sec. . Section 546.10, subsection 3,
28 unnumbered paragraph 2, if enacted by Senate File
29 2326, section 32, is amended to read as follows:
30 Notwithstanding subsection 5, eighty-five percent
31 of the funds received annually resulting from an
32 increase in licensing fees
33 or after
34 commission listed in subsection 1, is appropriated to
35 the professional licensing and regulation division to
36 be allocated to the board or commission for the fiscal
37 year beginning July 1, 2002, and succeeding fiscal
38 years, for purposes related to the duties of the board
39 or commission, including but not limited to additional
40 full-time equivalent positions. The director of
41 revenue and finance shall draw warrants upon the
42 treasurer of state from the funds appropriated as
43 provided in this section and shall make the funds
44 available to the professional licensing division on a
45 monthly basis during each fiscal year."
46 3. Page 25, line 9, by inserting after the word
47 and figure "division I," the following: "if
48 enacted,".
49 4. Page 25, line 24, by inserting after the
50 figure "2326," the following: "if enacted,".
Page 2
1 5. Page 26, by inserting after line 11 the
2 following:
3 "Sec. . STATE MEDICAL LIBRARY TRANSFER. The
4 state medical library, in consultation with the Des
5 Moines university - osteopathic medical center, shall
6 develop a transition plan for the purpose of
7 transferring the responsibilities of the state medical
8 library to the Des Moines university - osteopathic
9 medical center. The transition plan shall be filed
10 with the general assembly by January 1, 2003. The
11 transfer of the state medical library shall occur by
12 April 1, 2003."
13 6. Page 26, by inserting after line 27 the
14 following:
15 "Sec. . SCHOOL FOR THE DEAF POSITIONS. 2002
16 Iowa Acts, Senate File 2326, section 81, subsection 5,
17 if enacted, is amended to read as follows:
18 5. STATE SCHOOL FOR THE DEAF
19 For salaries, support, maintenance, miscellaneous
20 purposes, and for not more than the following full-
21 time equivalent positions:
22 $ 7,891,351
23 FTEs
24 129.60"
25 7. Page 27, by inserting after line 11 the
26 following:
27 "Sec. . 2002 Iowa Acts, Senate File 2326,
28 section 127, subsection 1, paragraph a, if enacted, is
29 amended to read as follows:
30 a.
31
32
33
34
35
36
37
38
39
40 2002, and ending June 30, 2003, nursing facilities
41 shall be reimbursed as provided in 2002 Iowa Acts,
42 House File 2613, if enacted. Nursing facilities
43 reimbursed under the medical assistance program shall
44 submit annual cost reports and additional
45 documentation as required by rules adopted by the
46 department."
47 8. Page 38, by inserting after line 15 the
48 following:
49 "Sec. . Section 256F.4, subsections 1 and 3, if
50 enacted by 2002 Iowa Acts, Senate File 348, section 4,
Page 3
1 are amended to read as follows:
2 1. Within fifteen days after approval of a charter
3 school application submitted in accordance with
4 section 256F.3, subsection 2, a school board shall
5 report to the department the name of the charter
6 school applicant
7 location, and its projected enrollment.
8 3. A charter school shall not discriminate in its
9 student admissions policies or practices on the basis
10 of intellectual or athletic ability, measures of
11 achievement or aptitude, or status as a person with a
12 disability. However, a charter school may limit
13 admission to students who are within a particular
14 range of
15 other basis that would be legal if initiated by a
16 school district. Enrollment priority shall be given
17 to the siblings of students enrolled in a charter
18 school."
19 9. Page 40, by inserting after line 7 the
20 following:
21 "Sec. . Section 453A.58, subsection 1,
22 paragraph a, as created in 2002 Iowa Acts, Senate File
23 2317, section 4, if enacted, is amended to read as
24 follows:
25 a. The tobacco product manufacturer of the brand,
26 or any predecessor tobacco product manufacturer of the
27 brand, is a participating manufacturer
28
29 Sec. . Section 453A.58, subsection 2, as
30 created in 2002 Iowa Acts, Senate File 2317, section
31 4, if enacted, is amended to read as follows:
32 2. A distributor shall not affix stamps or cause
33 stamps to be affixed to individual packages of any
34 brand of cigarettes, subsequent to notice to the
35 distributor by the department of revenue and finance
36 that the tobacco product manufacturer is
37
38 with reference to that brand.
39 Sec. . Section 453A.59, subsection 1, paragraph
40 a, as created in 2002 Iowa Acts, Senate File 2317,
41 section 5, if enacted, is amended to read as follows:
42 a. A participating manufacturer
43 described in section 453C.2, subsection 1.
44 Sec. . Section 490.732, subsection 4, if
45 enacted by 2002 Iowa Acts, House File 2509, section
46 22, is amended to read as follows:
47 4. An agreement authorized by this section shall
48 cease to be effective when shares of the corporation
49 are listed on a national securities exchange or
50 regularly
Page 4
1 or more members of a national or affiliated securities
2 association. If the agreement ceases to be effective
3 for any reason, the board of directors may, if the
4 agreement is contained or referred to in the
5 corporation's articles of incorporation or bylaws,
6 adopt an amendment to the articles of incorporation or
7 bylaws, without shareholder action, to delete the
8 agreement and any references to it.
9 Sec. . Section 490.853, subsection 3,
10 unnumbered paragraph 1, if enacted by 2002 Iowa Acts,
11 House File 2509, section 47, is amended to read as
12 follows:
13 Authorizations under this section shall be made
14 according to
15 Sec. . Section 490.1003, subsection 2, if
16 enacted by 2002 Iowa Acts, House File 2509, section
17 56, is amended to read as follows:
18 2. Except as provided in
19 490.1005, 490.1007, and 490.1008, after adopting the
20 proposed amendment, the board of directors must submit
21 the amendment to the shareholders for their approval.
22 The board of directors must also transmit to the
23 shareholders a recommendation that the shareholders
24 approved the amendment, unless the board of directors
25 makes a determination that because of conflicts of
26 interest or other special circumstances it should not
27 make such a recommendation, in which case the board of
28 directors must transmit to the shareholders the basis
29 for the determination.
30 Sec. . Section 490.1303, subsection 2,
31 paragraph b, Code 2001, as amended by 2002 Iowa Acts,
32 House File 2509, section 80, if enacted, is amended to
33 read as follows:
34 b. Does so with respect to all shares of the class
35
36 beneficial shareholder."
37 10. Page 40, line 33, by inserting after the
38 figure "2531," the following: "section 12,".
39 11. Page 42, by inserting after line 24 the
40 following:
41 "Sec. . 2002 Iowa Acts, House File 2378,
42 section 10, subsection 1, if enacted, is amended to
43 read as follows:
44 1. Section 4 of this Act, amending section
45 15E.193C, subsections 2, 5, and 10, Code Supplement
46 2001, being deemed of immediate importance, takes
47 effect April 30, 2002, and, if approved by the
48 governor after April 30, 2002, shall apply
49 retroactively to April 30, 2002.
50 Sec. . 2002 Iowa Acts, Senate File 2275,
Page 5
1 sections 170 through 174, if enacted, are repealed."
Amendment H-8664 was adopted.
Tremmel of Wapello asked and received unanimous consent to
withdraw amendment H-8670 filed by him from floor.
Kreiman of Davis asked and received unanimous consent that
amendment H-8618 be deferred.
Smith of Marshall offered amendment H-8656 filed by him from
the floor as follows:
H-8656
1 Amend House File 2623 as follows:
2 1. Page 17, by inserting after line 16, the
3 following:
4 "Sec. . NEW SECTION. 249A.21 INTERMEDIATE
5 CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION -
6 ASSESSMENT.
7 1. The department may assess intermediate care
8 facilities for persons with mental retardation, as
9 defined in section 135C.1, that are not operated by
10 the state, a fee in an amount not to exceed six
11 percent of the total annual revenue of the facility
12 for the preceding fiscal year. Counties shall not be
13 required to participate in the cost of the assessment.
14 2. The assessment shall be paid to the department
15 in equal monthly amounts on or before the fifteenth
16 day of each month. The department may deduct the
17 monthly amount from medical assistance payments to a
18 facility described in subsection 1. The amount
19 deducted from payments shall not exceed the total
20 amount of the assessments due.
21 3. Revenue from the assessments shall be credited
22 to the state medical assistance appropriation. This
23 revenue may be used only for services for which
24 federal financial participation under the medical
25 assistance program is available to match state funds.
26 4. If federal financial participation to match the
27 assessments made under subsection 1 becomes
28 unavailable under federal law, the department shall
29 terminate the imposing of the assessments beginning on
30 the date that the federal statutory, regulatory, or
31 interpretive change takes effect.
32 5. The department of human services may procure a
33 sole source contract to implement the provisions of
34 this section."
35 2. Page 27, by inserting after line 11, the
36 following:
37 "Sec. . 2002 Iowa Acts, House File 2326,
38 section 93, subsection 2, unnumbered paragraph 1, if
39 enacted, is amended to read as follows:
40 2. IOWA VETERANS HOME
41 For salaries, support, maintenance, miscellaneous
42 purposes, and for not more than the following full-
43 time equivalent positions:
44
45 $ 14,937,583
46 Sec. . 2002 Iowa Acts, House File 2326, section
47 106, if enacted, is amended by adding the following
48 new subsection:
49 NEW SUBSECTION. 3. Moneys received in excess of
50 $491,899 pursuant to section 249A.21, if enacted by
Page 2
1 the Seventy-ninth General Assembly, 2002 Session,
2 shall be used to supplement the appropriation for the
3 hawk-i program in this section and in any other Act."
4 3. Page 32, by inserting after line 14, the
5 following:
6 "Sec. . EFFECTIVE DATE. The section of this
7 division of this Act that creates section 249A.21,
8 relating to an assessment on intermediate care
9 facilities for persons with mental retardation, being
10 deemed of immediate importance, takes effect upon
11 enactment."
Millage of Scott rose on a point of order that amendment H-8656
was not germane.
The Speaker ruled the point well taken and amendment H-8656
not germane.
Grundberg of Polk asked and received unanimous consent that
amendment H-8657 be deferred.
T. Taylor of Linn asked and received unanimous consent that
amendment H-8661 be deferred.
Murphy of Dubuque offered the following amendment H-8636 filed
by him and moved its adoption:
H-8636
1 Amend House File 2623 as follows:
2 1. By striking page 22, line 35, through page 23,
3 line 16.
Amendment H-8636 lost.
Rekow of Allamakee asked and received unanimous consent to
withdraw amendment H-8637 filed by Rekow, et al., on April 10,
2002.
Heaton of Henry offered the following amendment H-8653 filed by
him and Johnson of Osceola from the floor and moved its adoption:
H-8653
1 Amend House File 2623 as follows:
2 1. Page 24, by inserting after line 30, the
3 following:
4 "Sec. . 2001 Iowa Acts, chapter 191, section
5 14, subsection 2, is amended by adding the following
6 new paragraph:
7 NEW PARAGRAPH. f. Notwithstanding section
8 232.143, subsection 1, a region may exceed its budget
9 target for group foster care by up to twenty percent
10 in the fiscal year beginning July 1, 2001, and ending
11 June 30, 2002, provided the overall funding allocated
12 by the department for all child welfare services in
13 the region is not exceeded. It is the intent of the
14 general assembly that for the fiscal year beginning
15 July 1, 2002, the budget targets for group foster care
16 will be determined at levels so that special statutory
17 authority for exceeding the budget targets beyond the
18 amount authorized in section 232.143, subsection 1,
19 will not be necessary."
20 2. Page 25, by inserting after line 35 the
21 following:
22 "Sec. . MEDICAL ASSISTANCE - DENTAL SERVICES
23 FOR ADULTS. In addition to other dental services
24 provided to adults under the medical assistance
25 program in accordance with 2002 Iowa Acts, House File
26 2245, section 7, subsection 2, the following services
27 shall be provided:
28 1. Root canal treatments on permanent anterior
29 teeth.
30 2. General anesthesia and intravenous sedation if
31 necessitated by the physical or mental disability of
32 the patient.
33 The department may adopt emergency rules to
34 implement this section in accordance with the
35 provisions of 2002 Iowa Acts, Senate File 2326,
36 division VI, section 135, if enacted."
37 3. Page 27, by inserting before line 12, the
38 following:
39 "Sec. . 2002 Iowa Acts, Senate File 2326,
40 section 99, subsection 1, if enacted, is amended to
41 read as follows:
42 1. To be credited to the family investment program
43 account and used for assistance under the family
44 investment program under chapter 239B:
45 $
46 46,508,982
47 Sec. . 2002 Iowa Acts, Senate File 2326,
48 section 99, subsection 11, unnumbered paragraph 2, if
49 enacted, is amended to read as follows:
50 Pregnancy prevention grants shall be awarded to
Page 2
1 programs in existence on or before July 1, 2002, if
2 the programs are comprehensive in scope and have
3 demonstrated positive outcomes. Grants shall be
4 awarded to pregnancy prevention programs which are
5 developed after July 1, 2002, if the programs are
6 comprehensive in scope and are based on existing
7 models that have demonstrated positive outcomes.
8 Grants shall comply with the requirements provided in
9 1997 Iowa Acts, chapter 208, section 14, subsections 1
10 and 2, including the requirement that grant programs
11 must emphasize sexual abstinence. Priority in the
12 awarding of grants shall be given to programs that
13 serve areas of the state which demonstrate the highest
14 percentage of unplanned pregnancies of females age or
15 older but younger than age 18 within the geographic
16 area to be served by the grant.
17 In addition to the full-time equivalent positions
18 funded in this division of this Act, the department
19 may use a portion of the funds appropriated in this
20 subsection to employ an employee in up to 1.00 full-
21 time equivalent position for the administration of
22 programs specified in this subsection."
23 4. Page 32, by inserting after line 10, the
24 following:
25 "Sec. ___. EFFECTIVE DATE. The section in this
26 Act relating to dental services for adults under the
27 medical assistance program, being deemed of immediate
28 importance, takes effect upon enactment."
29 5. Page 32, by inserting after line 14, the
30 following:
31 "Sec. . EFFECTIVE DATE. The provision of this
32 division of this Act amending 2001 Iowa Acts, chapter
33 191, section 14, relating to the department of human
34 services exceeding its budget target for group foster
35 care by up to twenty percent in fiscal year 2001-
36 2002."
37 6. By renumbering as necessary.
Amendment H-8653 was adopted.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-8620 filed by him on April 10, 2002.
Stevens of Dickinson offered the following amendment H-8630
filed by him and Lensing of Johnson and moved its adoption:
H-8630
1 Amend House File 2623 as follows:
2 1. Page 26, by inserting after line 11, the
3 following:
4 "Sec. . INFORMATION TECHNOLOGY DEPARTMENT -
5 ADDITIONAL POSITIONS AUTHORIZED. For the fiscal year
6 beginning July 1, 2002, and ending June 30, 2003, the
7 information technology department shall be authorized
8 to hire additional FTEs over those authorized in other
9 Acts, provided that the amounts expended for the
10 additional FTEs are reimbursable, and provided that
11 the following conditions are satisfied:
12 1. The department shall notify the department of
13 management, the legislative fiscal bureau, and the
14 members of the legislative fiscal committee of the
15 necessity for the additional FTEs.
16 2. The department shall file with each of the
17 entities listed in subsection 1 a written
18 justification for the department's determination that
19 additional FTEs are necessary, and an estimated cost
20 for the additional FTE expenditures."
Amendment H-8630 lost.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-8633 filed by him and Rekow of Allamakee
on April 10, 2002.
Dix of Butler asked and received unanimous consent to withdraw
amendment H-8651 filed by him from the floor.
Drake of Pottawattamie offered the following amendment H-8621
filed by him and Mertz of Kossuth and moved its adoption:
H-8621
1 Amend House File 2623 as follows:
2 1. Page 26, by inserting after line 27 the
3 following:
4 "Sec. . 2002 Iowa Acts, Senate File 2326,
5 section 39, if enacted, is amended by adding the
6 following new subsection:
7 NEW SUBSECTION. 5. Of the amount appropriated in
8 this section, $1,250,000 shall be used for salaries,
9 support, maintenance, and miscellaneous purposes for
10 activities regarding animal agriculture."
Amendment H-8621 was adopted.
Alons of Sioux asked and received unanimous consent to withdraw
amendment H-8623 filed by Alons of Sioux, et al., on April 10, 2002.
Warnstadt of Woodbury asked and received unanimous consent to
withdraw amendment H-8645 filed by him from the floor.
Alons of Sioux offered the following amendment H-8622 filed by
Alons, et al., and moved its adoption:
H-8622
1 Amend House File 2623 as follows:
2 1. Page 27, by inserting after line 9 the
3 following:
4 "Sec. . 2002 Iowa Acts, Senate File 2326,
5 section 92, subsection 6, if enacted, is amended by
6 adding the following new unnumbered paragraph:
7 NEW UNNUMBERED PARAGRAPH. The appropriation in
8 this subsection is contingent upon the appointment of
9 an administrator of the division on the status of
10 African-Americans and the appointment of all nine
11 members to the commission on the status of African-
12 Americans."
Amendment H-8622 was adopted.
Wise of Lee offered the following amendment H-8625 filed by him
and moved its adoption:
H-8625
1 Amend House File 2623 as follows:
2 1. Page 31, by inserting after line 22 the
3 following:
4 "Sec. . 2002 Iowa Acts, Senate File 2326,
5 section 172, if enacted, is amended by striking the
6 section."
7 2. By renumbering as necessary.
Roll call was requested by Wise of Lee and Chiodo of Polk.
On the question "Shall amendment H-8625 be adopted?" (H.F.
2623)
The ayes were, 41:
| Atteberry | Bell | Bukta | Chiodo |
| Cohoon | Connors | Dotzler | Foege |
| Ford | Frevert | Greimann | Huser |
| Jochum | Kreiman | Kuhn | Larkin |
| Lensing | Mascher | May | 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, 53:
| Alons | Arnold | Baudler | Boal |
| Boggess | Bradley | Brauns | Broers |
| 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 |
| Millage | Raecker | Rants | Rayhons |
| Rekow | Roberts | Shey | Siegrist, Spkr. |
| Sievers | Sukup | Tymeson | Tyrrell |
| Van Engelenhoven | Van Fossen | Weidman | Wilderdyke |
| Metcalf, | |||
| Presiding | |||
Absent or not voting, 6:
| Boddicker | Brunkhorst | Fallon | Hatch |
| Mertz | Teig | ||
| Amendment H-8625 lost. |
Jochum of Dubuque asked and received unanimous consent to
withdraw amendment H-8652 filed by her and Fallon of Polk from the
floor.
Wise of Lee asked and received unanimous consent to withdraw
amendments H-8626 and H-8628 filed by him on April 10, 2002.
Connors of Polk asked and received unanimous consent that
amendment H-8671, previously deferred, be deferred.
Grundberg of Polk asked and received unanimous consent to
withdraw amendment H-8644, previously deferred, filed by her from
the floor, placing out of order amendment H-8668 filed by Jochum of
Dubuque, Myers of Johnson, Bukta of Clinton, Cohoon of Des Moines,
Larkin of Lee, D. Taylor of Linn, Witt of Black Hawk, Greimann of
Story, Frevert of Palo Alto, Reynolds of Van Buren, Hatch of Polk,
Dotzler of Black Hawk, Kuhn of Floyd, Stevens of Dickinson, Mascher
of Johnson, Winckler of Scott, Lensing of Johnson, Ford of Polk,
Smith of Marshall, Foege of Linn, Petersen of Polk, Wise of Lee,
Reeder of Fayette, Murphy of Dubuque, Scherrman of Dubuque,
Atteberry of Delaware, Osterhaus of Jackson, Schrader of Marion,
Connors of Polk, Seng of Scott, Kreiman of Davis, Bell of Jasper, May
of Worth, Shoultz of Black Hawk, O’Brien of Boone, Fallon of Polk
and Tremmel of Wapello from the floor.
Grundberg of Polk asked and received unanimous consent to
withdraw amendment H-8646, previously deferred, filed by her from
the floor.
Murphy of Dubuque offered the following amendment H-8679 filed
by him and moved its adoption:
H-8679
1 Amend House File 2623 as follows:
2 1. Page 4, line 3, by inserting before the word
3 "shall" the following: "plus needed supplemental
4 funds appropriated in section 5A,".
5 2. Page 4, line 20, by inserting before the word
6 "shall" the following: "plus needed supplemental
7 funds appropriated in section 5A,".
8 3. Page 6, by inserting after line 10 the
9 following:
10 "Sec. 5A. OTHER FUNDS.
11 1. ECONOMIC EMERGENCY FUND APPROPRIATION. There
12 is appropriated from the Iowa economic emergency fund
13 created in section 8.55 to the salary adjustment fund
14 for the fiscal year beginning July 1, 2002, and ending
15 June 30, 2003, the following amount:
16 $ 7,000,000
17 Moneys appropriated in this subsection are declared
18 to be appropriated for emergency expenditures as
19 required in section 8.55, subsection 3, paragraph "a".
20 2. UNDERGROUND STORAGE TANK FUND. Notwithstanding
21 section 455G.3, subsection 1, there is transferred
22 from the Iowa comprehensive petroleum underground
23 storage tank fund created in section 455G.3,
24 subsection 1, to the salary adjustment fund during the
25 fiscal year beginning July 1, 2002, and ending June
26 30, 2003, the following amount:
27 $ 7,000,000
28 3. The moneys appropriated or transferred in
29 subsection 1 or 2 to the salary adjustment fund are
30 appropriated to supplement the appropriation made in
31 section 1, subsection 2, of this division of this
32 Act."
Speaker pro tempore Sukup in the chair at 8:00 p.m.
Roll call was requested by Murphy of Dubuque and Huser of Polk.
On the question "Shall amendment H-8679 be adopted?" (H.F.
2623)
The ayes were, 40:
| Atteberry | Bell | Bukta | Chiodo |
| Cohoon | Connors | Dotzler | Foege |
| Ford | Frevert | Greimann | Huser |
| Jochum | Kreiman | Kuhn | Larkin |
| Lensing | Mascher | May | Murphy |
| Myers | O'Brien | Osterhaus | Petersen |
| Quirk | Reeder | Reynolds | Richardson |
| 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 |
| Broers | 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 | Sukup, | ||
| Presiding | |||
Absent or not voting, 6:
| Brunkhorst | Fallon | Hatch | Mertz |
| Scherrman | Teig | ||
Amendment H-8679 lost.
Grundberg of Polk offered amendment H-8650 filed by her from
the floor as follows:
H-8650
1 Amend House File 2623 as follows:
2 1. Page 9, by inserting after line 30, the
3 following:
4 "Sec. . NEW SECTION. 509A.6A NEUROBIOLOGICAL
5 DISORDER COVERAGE FOR STATE EMPLOYEES.
6 1. A state health or medical group insurance plan
7 for state employees shall provide coverage benefits
8 for treatment services for neurobiological disorders
9 that shall be provided on terms and conditions that
10 are no more restrictive than the terms and conditions
11 for coverage benefits provided for other medical
12 conditions under such plan.
13 2. For purposes of this section:
14 a. "Neurobiological disorder" means the following:
15 (1) Schizophrenia and other psychotic disorders.
16 (2) Mood disorders.
17 (3) Anxiety disorders.
18 (4) Pervasive development disorders and attention
19 deficit.
20 b. "State employee" means a person who is a paid
21 employee of the state of Iowa, including a paid
22 employee of the state board of regents.
23 c. "State health or medical group insurance plan"
24 means as defined in section 509A.13A.
25 3. The commissioner, by rule, shall define the
26 neurobiological disorder identified in subsection 2.
27 Definitions established by the commissioner shall be
28 consistent with definitions provided in the most
29 recent edition of the American psychiatric
30 association's diagnostic and statistical manual of
31 mental disorders, as such definitions may be amended
32 from time to time. The commissioner may adopt the
33 definitions provided in such manual by reference.
34 4. This section shall not apply to accident only,
35 specified disease, short-term hospital or medical,
36 hospital confinement indemnity, credit, dental,
37 vision, Medicare supplement, long-term care, basic
38 hospital and medical-surgical expense coverage as
39 defined by the commissioner, disability income
40 insurance coverage, coverage issued as a supplement to
41 liability insurance, workers' compensation or similar
42 insurance, or automobile medical payment insurance, or
43 individual accident and sickness policies issued to
44 individuals or to individual members of a member
45 association.
46 5. A carrier, organized delivery system, or plan
47 may manage the benefits provided under this section
48 provided through common methods including, but not
49 limited to, providing payment of benefits or providing
50 care and treatment under a capitated payment system,
Page 2
1 prospective reimbursement rate system, utilization
2 control system, incentive system for the use of least
3 restrictive and least costly levels of care, a
4 preferred provider contract limiting choice of
5 specific providers, or any other system, method, or
6 organization designed to ensure that services are
7 medically necessary and clinically appropriate.
8 6. a. A plan covered under this section shall not
9 impose an aggregate annual or lifetime limit on
10 neurobiological disorder coverage benefits unless the
11 plan imposes an aggregate annual or lifetime limit on
12 substantially all medical and surgical coverage
13 benefits.
14 b. A plan covered under this section that imposes
15 an aggregate annual or lifetime limit on substantially
16 all medical and surgical coverage benefits shall not
17 impose an aggregate annual or lifetime limit on
18 neurobiological disorder coverage benefits which is
19 less than the aggregate annual or lifetime limit
20 imposed on substantially all medical and surgical
21 coverage benefits.
22 7. A plan covered under this section shall at a
23 minimum allow for thirty inpatient days and fifty-two
24 outpatient visits annually. The plan may also include
25 deductibles, coinsurance, or copayments, provided the
26 amounts and extent of such deductibles, coinsurance,
27 or copayments applicable to other medical or surgical
28 services coverage under the plan are the same. It is
29 not a violation of this section if the plan excludes
30 entirely from coverage benefits for the cost of
31 providing the following:
32 a. Marital, family, educational, developmental, or
33 training services.
34 b. Care that is substantially custodial in nature.
35 c. Services and supplies that are not medically
36 necessary or clinically appropriate.
37 d. Experimental treatments.
38 8. This section applies to plans established
39 pursuant to this chapter delivered, issued for
40 delivery, continued, or renewed in this state on or
41 after January 1, 2003."
Millage of Scott rose on a point of order that amendment H-8650
was not germane.
The Speaker ruled the point well taken and amendment H-8650
not germane.
Osterhaus of Jackson asked and received unanimous consent to
withdraw H-8643, previously deferred, filed by Osterhaus, Atteberry
of Delaware, Jochum of Dubuque, Scherrman of Dubuque and
Murphy of Dubuque from the floor.
Ford of Polk asked and received unanimous consent to withdraw
amendment H-8655, previously deferred, filed by him from the floor.
Kreiman of Davis offered amendment H-8618, previously deferred,
filed by him and Reynolds of Van Buren as follows:
H-8618
1 Amend House File 2623 as follows:
2 1. Page 17, by inserting after line 16 the
3 following:
4 "Sec. . Section 249A.4, subsection 7, Code
5 2001, is amended by adding the following new
6 unnumbered paragraph:
7 NEW UNNUMBERED PARAGRAPH. Advanced registered
8 nurse practitioners licensed pursuant to chapter 152
9 shall be regarded as approved providers of health care
10 services, including primary care pursuant to chapter
11 152, for purposes of managed care or prepaid services
12 contracts under the medical assistance program."
Brunkhorst of Bremer rose on a point of order that amendment H-
8618 was not germane.
The Speaker ruled the point well taken and amendment H-8618
not germane.
Larson of Linn asked and received unanimous consent to withdraw
amendment H-8671, previously deferred, filed by him and Hatch of
Polk from the floor.
Grundberg of Polk asked and received unanimous consent to
withdraw amendment H-8657, previously deferred, filed by her from
the floor.
Huser of Polk asked and received unanimous consent to withdraw
amendment H-8661, previously deferred, filed by her from the floor.
Jochum of Dubuque asked and received unanimous consent that
amendment H-8683 be deferred.
Mascher of Johnson called up for consideration the motion to
reconsider the vote by which amendment H-8664 to House File 2623
was adopted by the House, filed by Mascher, Scherrman of Dubuque
and Wise of Lee from the floor.
The motion prevailed and the House reconsidered amendment H-
8664.
Division was requested as follows:
Page 1, lines 2 through 50, division A
Page 2, lines 13 through the remainder (Page 5, line 1), division A
Page 2, lines 1 through 12, division B
Millage of Scott moved the adoption of amendment H-8664A.
Amendment H-8664A was adopted.
Millage of Scott asked and received unanimous consent to
withdraw amendment H-8664B.
Jochum of Dubuque offered amendment H-8683, previously
deferred, filed by her from the floor as follows:
H-8683
1 Amend House File 2623 as follows:
2 1. Page 9, by inserting after line 28 the
3 following:
4 "Sec. . NEW SECTION. 514C.21 NEUROBIOLOGICAL
5 DISORDER.
6 1. Notwithstanding the uniformity of treatment
7 requirements of section 514C.6, a group policy or
8 contract providing for third-party payment or
9 prepayment of health or medical expenses issued by a
10 carrier, as defined in section 513B.2, or by an
11 organized delivery system authorized under 1993 Iowa
12 Acts, chapter 158, shall provide coverage benefits for
13 treatment of a neurobiological disorder if either of
14 the following is satisfied:
15 a. The policy or contract is issued to an employer
16 who on at least fifty percent of the employer's
17 working days during the preceding calendar year
18 employed more than fifty full-time equivalent
19 employees. In determining the number of full-time
20 equivalent employees of an employer, employers who are
21 affiliated or who are able to file a consolidated tax
22 return for purposes of state taxation shall be
23 considered one employer.
24 b. The policy or contract is issued to a small
25 employer as defined in section 513B.2, and such policy
26 or contract provides coverage benefits for the
27 treatment of neurobiological disorder.
28 2. Notwithstanding the uniformity of treatment
29 requirements of section 514C.6, a plan established
30 pursuant to chapter 509A for public employees shall
31 provide coverage benefits for treatment of a
32 neurobiological disorder.
33 3. For purposes of this section:
34 a. "Neurobiological disorder" means the following:
35 (1) Schizophrenia and other psychotic disorders.
36 (2) Mood disorders.
37 (3) Anxiety disorders.
38 (4) Pervasive developmental disorders and
39 attention deficit.
40 b. "Substance abuse" means a pattern of
41 pathological use of alcohol or a drug that causes
42 impairment in social or occupational functioning, or
43 that produces physiological dependency evidenced by
44 physical tolerance or by physical symptoms when the
45 alcohol or drug is withdrawn.
46 4. The commissioner, by rule, shall define the
47 neurobiological disorders identified in subsection 3.
48 Definitions established by the commissioner shall be
49 consistent with definitions provided in the most
50 recent edition of the American psychiatric
Page 2
1 association's diagnostic and statistical manual of
2 mental disorders, as the definitions may be amended
3 from time to time. The commissioner may adopt the
4 definitions provided in such manual by reference.
5 5. This section shall not apply to accident only,
6 specified disease, short-term hospital or medical,
7 hospital confinement indemnity, credit, dental,
8 vision, Medicare supplement, long-term care, basic
9 hospital and medical-surgical expense coverage as
10 defined by the commissioner, disability income
11 insurance coverage, coverage issued as a supplement to
12 liability insurance, workers' compensation or similar
13 insurance, or automobile medical payment insurance, or
14 individual accident and sickness policies issued to
15 individuals or to individual members of a member
16 association.
17 6. A carrier, organized delivery system, or plan
18 established pursuant to chapter 509A may manage the
19 benefits provided through common methods including,
20 but not limited to, providing payment of benefits or
21 providing care and treatment under a capitated payment
22 system, prospective reimbursement rate system,
23 utilization control system, incentive system for the
24 use of least restrictive and least costly levels of
25 care, a preferred provider contract limiting choice of
26 specific providers, or any other system, method, or
27 organization designed to assure services are medically
28 necessary and clinically appropriate.
29 7. a. A group policy or contract or plan covered
30 under this section shall not impose an aggregate
31 annual or lifetime limit on neurobiological disorder
32 coverage benefits unless the policy or contract or
33 plan imposes an aggregate annual or lifetime limit on
34 substantially all medical and surgical coverage
35 benefits.
36 b. A group policy or contract or plan covered
37 under this section that imposes an aggregate annual or
38 lifetime limit on substantially all medical and
39 surgical coverage benefits shall not impose an
40 aggregate annual or lifetime limit on neurobiological
41 disorder coverage benefits which is less than the
42 aggregate annual or lifetime limit imposed on
43 substantially all medical and surgical coverage
44 benefits.
45 8. A group policy or contract or plan covered
46 under this section shall at a minimum allow for thirty
47 inpatient days and fifty-two outpatient visits
48 annually. The policy or contract or plan may also
49 include deductibles, coinsurance, or copayments,
50 provided the amounts and extent of such deductibles,
Page 3
1 coinsurance, or copayments applicable to other medical
2 or surgical services coverage under the policy or
3 contract or plan are the same. It is not a violation
4 of this section if the policy or contract or plan
5 excludes entirely from coverage benefits for the cost
6 of providing the following:
7 a. Marital, family, educational, developmental, or
8 training services.
9 b. Care that is substantially custodial in nature.
10 c. Services and supplies that are not medically
11 necessary or clinically appropriate.
12 d. Experimental treatments.
13 9. This section applies to third-party payment
14 provider policies or contracts and plans established
15 pursuant to chapter 509A delivered, issued for
16 delivery, continued, or renewed in this state on or
17 after January 1, 2003."
18 2. Page 25, by inserting after line 17 the
19 following:
20 "Sec. . INSURANCE DIVISION STUDY.
21 1. The insurance division of the department of
22 commerce shall conduct a study to determine the impact
23 of providing coverage for substance abuse. The
24 division shall include in the study all of the
25 following:
26 a. An estimate of the impact of mandated coverage
27 for substance abuse treatment on health care coverage
28 benefit costs.
29 b. Actions taken by the division to ensure that
30 third-party payors subject to section 514C.21, if
31 enacted by this Act are in compliance, and that the
32 quality of and access to treatment for substance abuse
33 are not compromised by providing for coverage parity
34 with other coverage benefits provided for other health
35 or medical conditions under third-party payor
36 contracts or policies.
37 c. An analysis and comparison of the choices for
38 treatment of substance abuse with regard to level of
39 access, choice, and financial burden on the
40 individual.
41 d. Identification of any segments of the
42 population of this state that may be excluded from, or
43 have limited access to, treatment for substance abuse,
44 including the number of citizens that may be excluded
45 from, or have limited access to, treatment under
46 third-party payor policies or contracts provided by
47 employers who receive substantial revenue from public
48 sources.
49 2. The insurance division shall submit a written
50 report to the general assembly on or before January
Page 4
1 15, 2003."
2 3. By renumbering as necessary.
Jochum of Dubuque offered the following amendment H-8684, to
amendment H-8683, filed by her from the floor and moved its
adoption:
H-8684
1 Amend the amendment, H-8683, to House File 2623 as
2 follows:
3 1. By striking page 1, line 4, through page 4,
4 line 2, and inserting the following:
5 ""Sec. . NEW SECTION. 514C.21 MANDATED
6 COVERAGE FOR NEUROBIOLOGICAL DISORDERS AND UNDERLYING
7 CO-MORBIDITY.
8 1. For purposes of this section, unless the
9 context otherwise requires:
10 a. "Co-morbidity" means the coexistence of
11 conditions or diagnosable disorders such as
12 neurobiological disorders and substance abuse. For
13 purposes of this section, "substance abuse" means a
14 pattern of pathological use of alcohol or a drug that
15 causes impairment in social or occupational
16 functioning, or that produces physiological dependency
17 evidenced by physical tolerance or by physical
18 symptoms when the alcohol or drug is withdrawn.
19 b. "Neurobiological disorder" means the following:
20 (1) Schizophrenia and other psychotic disorders.
21 (2) Affective disorders.
22 (3) Anxiety disorders.
23 (4) Pervasive developmental disorders.
24 (5) Attention deficit hyperactivity disorder and
25 related disorders.
26 (6) Disorders identified in childhood and
27 adolescence.
28 The commissioner, by rule, shall identify the
29 neurobiological disorders covered by this definition,
30 consistent with the guidelines provided in the most
31 recent edition of the American psychiatric
32 association's diagnostic and statistical manual of
33 mental disorders, as such definitions may be amended
34 from time to time. The commissioner may adopt the
35 definitions provided in the manual by reference.
36 c. "Rates, terms, and conditions" means any
37 lifetime or annual payment limits, deductibles,
38 copayments, coinsurance, and any other cost-sharing
39 requirements, out-of-pocket limits, visit limitations,
40 and any other financial component of benefits coverage
41 that affects the covered individual.
42 2. a. Notwithstanding the uniformity of treatment
43 requirements of section 514C.6, a policy, contract, or
44 plan providing for third-party payment or prepayment
45 of health or medical expenses shall provide coverage
46 benefits for treatment for neurobiological disorders
47 and underlying co-morbidity based on rates, terms, and
48 conditions that are no more restrictive than the
49 rates, terms, and conditions for coverage benefits
50 provided for other health or medical conditions under
Page 2
1 the policy, contract, or plan.
2 b. Any restrictions or limitations with respect to
3 rates, terms, and conditions involving deductibles,
4 copayments, coinsurance, and any other cost-sharing
5 requirements shall be cumulative for coverage of
6 treatment for neurobiological disorders and underlying
7 co-morbidity and other health or medical conditions
8 under a policy, contract, or plan. A policy,
9 contract, or plan subject to this section shall not
10 impose an aggregate lifetime or annual limit on
11 treatment for neurobiological disorders and underlying
12 co-morbidity coverage benefits unless the policy,
13 contract, or plan imposes an aggregate lifetime or
14 annual limit on substantially all health or medical
15 coverage benefits. A policy, contract, or plan
16 subject to this section that imposes an aggregate
17 lifetime or annual limit on substantially all medical
18 and surgical coverage benefits shall not impose an
19 aggregate lifetime or annual limit on treatment for
20 neurobiological disorders and underlying co-morbidity
21 coverage benefits that is less than the aggregate
22 lifetime or annual limit imposed on substantially all
23 health or medical coverage benefits.
24 c. Coverage required under this section shall be
25 for the treatment of neurobiological disorders and
26 underlying co-morbidity, for services provided by a
27 health professional licensed under chapter 147A, 148,
28 150A, 152, 154B, 154C, or 154D, for services provided
29 in a hospital, clinic, office, community mental health
30 center, health care facility, outpatient treatment
31 facility, residential treatment facility, halfway
32 house, or similar facility for the provision of health
33 care services, and for services provided pursuant to
34 the comprehensive program for treatment for substance
35 abuse maintained by the department of public health
36 pursuant to section 125.12 in a hospital licensed
37 under chapter 135B or a facility licensed under
38 chapter 125.
39 3. This section applies to the following classes
40 of third-party payment provider policies, contracts,
41 or plans delivered, issued for delivery, continued, or
42 renewed in this state on or after January 1, 2003:
43 a. Individual or group accident and sickness
44 insurance providing coverage on an expense-incurred
45 basis.
46 b. An individual or group hospital or medical
47 service contract issued pursuant to chapter 509, 514,
48 or 514A.
49 c. A plan established pursuant to chapter 509A for
50 public employees.
Page 3
1 d. An individual or group health maintenance
2 organization contract regulated under chapter 514B.
3 e. An individual or group Medicare supplemental
4 policy, unless coverage pursuant to such policy is
5 preempted by federal law.
6 f. Any other entity engaged in the business of
7 insurance, risk transfer, or risk retention, which is
8 subject to the jurisdiction of the commissioner.
9 g. An organized delivery system licensed by the
10 director of public health.
11 4. The commissioner shall adopt rules pursuant to
12 chapter 17A to administer this section.
13 Sec. . INSURANCE DIVISION STUDY IN CONJUNCTION
14 WITH STATE AUDITOR.
15 1. The insurance division of the department of
16 commerce, in conjunction with the state auditor, shall
17 conduct a study of the cost of providing
18 neurobiological disorder coverage benefits in Iowa.
19 2. The study shall assess at least all of the
20 following:
21 a. Identification of the costs attributed to
22 treatment of neurobiological disorders, and to
23 underlying co-morbidity.
24 b. An estimate of the impact of mandated coverage
25 on health care coverage benefit costs and
26 availability.
27 c. Actions taken by the division to ensure that
28 third-party payors subject to this Act are in
29 compliance.
30 d. Identification of any segments of the
31 population of this state that may be excluded from, or
32 have limited access to, treatment, including the
33 number of citizens that may be excluded from, or have
34 limited access to, treatment under third-party payor
35 policies or contracts provided by employers who
36 receive substantial revenue from public sources.
37 3. The insurance division shall submit a written
38 report to the general assembly on or before January
39 30, 2005.
40 Sec. . DEPARTMENT OF PUBLIC HEALTH STUDY.
41 1. The department of public health shall conduct a
42 two-year study of the mental health delivery system in
43 Iowa, beginning July 1, 2002.
44 2. The study shall include participation by at
45 least all of the following:
46 a. Representatives of professional health care
47 groups licensed under chapters 147A, 148, 150A, 152,
48 154B, 154C, and 154D.
49 b. Representatives of associations or other groups
50 representing hospitals, clinics, community mental
Page 4
1 health centers, community corrections and prison
2 corrections, health care facilities, outpatient
3 treatment facilities, and any other facility offering
4 mental health services.
5 c. County supervisors, representatives from the
6 department of human services, judges, mental health
7 advocates, and other state or county officials
8 involved in the provision of mental health services.
9 d. Consumers, family members, and patients.
10 3. The participants in the study shall assess the
11 relevant issues facing the mental health delivery
12 system in Iowa, and shall prepare a report with
13 recommendations for presentation to the general
14 assembly no later than November 1, 2004.""
15 2. By renumbering, redesignating, and correcting
16 internal references as necessary.
Roll call was requested by Jochum of Dubuque and Lensing of
Johnson.
On the question "Shall amendment H-8684, to amendment H-
8683 be adopted?" (H.F. 2623)
The ayes were, 68:
| Atteberry | Bell | Boddicker | Boggess |
| Bradley | Broers | Bukta | Chiodo |
| Cohoon | Connors | Cormack | Dolecheck |
| Dotzler | Drake | Fallon | Finch |
| Foege | Ford | Frevert | Greimann |
| Grundberg | Hahn | Hatch | Heaton |
| Hoversten | Huseman | Huser | Jochum |
| Jones | Kettering | Klemme | Kreiman |
| Kuhn | Larkin | Lensing | Mascher |
| May | Murphy | Myers | O'Brien |
| Osterhaus | Petersen | Quirk | Raecker |
| Reeder | Rekow | Reynolds | Richardson |
| Roberts | Scherrman | Schrader | Seng |
| Shey | Shoultz | Sievers | Smith |
| Stevens | Taylor, D. | Taylor, T. | Tremmel |
| Tymeson | Van Fossen | Warnstadt | Weidman |
| Winckler | Wise | Witt | Sukup, |
| Presiding | |||
The nays were, 28:
| Alons | Arnold | Baudler | Boal |
| Brauns | Carroll | De Boef | Dix |
| Eddie | Eichhorn | Elgin | Garman |
| Gipp | Hansen | Hoffman | Horbach |
| Jacobs | Jenkins | Johnson | Larson |
| Manternach | Metcalf | Millage | Rants |
| Siegrist, Spkr. | Tyrrell | Van Engelenhoven | Wilderdyke |
Absent or not voting, 4:
| Brunkhorst | Mertz | Rayhons | Teig |
Amendment H-8684 was adopted.
Millage of Scott rose on a point of order that amendment H-8683,
as amended, was not germane.
The Speaker ruled the point well taken and amendment H-8683,
as amended, not germane.
Jochum of Dubuque moved to suspend the rules to consider
amendment H-8683, as amended.
A non-record roll call was requested.
The ayes were 47, nays 50.
The motion to suspend the rules 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?" (H.F. 2623)
The ayes were, 53:
| Alons | Arnold | Baudler | Boal |
| Boddicker | Boggess | Bradley | Brauns |
| Broers | Brunkhorst | Carroll | De Boef |
| Dix | Dolecheck | Drake | Eddie |
| Eichhorn | Elgin | Finch | Garman |
| Gipp | Grundberg | Hahn | Hansen |
| Heaton | Hoffman | Horbach | 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 | |||
The nays were, 45:
| Atteberry | Bell | Bukta | Cohoon |
| Chiodo | Connors | Cormack | Dotzler |
| Fallon | Foege | Ford | Frevert |
| Greimann | Hatch | Huser | Jochum |
| Kreiman | Kuhn | Larkin | Lensing |
| Mascher | May | 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 |
| Sukup, | |||
| Presiding | |||
Absent or not voting, 2:
| Mertz | 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 2623 be immediately messaged to the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that the Senate has on
April 11, 2002, amended and passed the following bill in which the concurrence of the
House is asked:
House File 2515, a bill for an act relating to the duties and operation of the
department of education and providing an effective and applicability date.
Also: That the Senate has on April 11, 2002, amended and passed the following bill
in which the concurrence of the House is asked:
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.
Also: That the Senate has on April 11, 2002, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:
Senate File 2318, a bill for an act relating to the tax on premiums and subscriber
contract payments received by insurance companies and health service corporations by
phasing in a reduction in the tax and increasing the prepayment of the tax, providing
for a study, and including an effective date.
Also: That the Senate has on April 11, 2002, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:
Senate File 2325, a bill for an act relating to certain state agency regulatory
functions by reorganizing the duties of the department of inspections and appeals,
transferring the court appointed special advocate program to the department of
inspections and appeals, renaming and revising the duties of the state citizen foster
care review board, reorganizing the administrative structure of the department of
natural resources, providing for legislative review of state agencies, and revising
requirements for licensed birth centers.
MICHAEL E. MARSHALL, Secretary
The House resumed consideration of House File 2615, a bill for
an act relating to and making appropriations from the healthy
Iowans tobacco trust and the tobacco settlement trust fund, and
providing effective dates, previously deferred. (Amendments H-8642
and H-8648 pending)
Ford of Polk offered the following amendment H-8677, to
amendment H-8648, to the Senate amendment H-8642 filed by him
from the floor and moved its adoption:
H-8677
1 Amend the amendment, H-8648, to the Senate
2 amendment, H-8642, to House File 2615, as amended,
3 passed, and reprinted by the House, as follows:
4 1. Page 1, line 10, by inserting after the word
5 "value-based" the following: ", culturally specific".
Amendment H-8677 lost.
On motion by Warnstadt of Woodbury amendment H-8648, to the
Senate amendment H-8642 was adopted, placing out of order
amendment H-8672, to the Senate amendment H-8642 filed by Ford
of Polk from the floor, amendment H-8660, to the Senate amendment
H-8642, filed by Mascher of Johnson from the floor and amendment
H-8654, to the Senate amendment H-8642 filed by Brunkhorst of
Bremer from the floor.
Wise of Lee offered the following amendment H-8678, to the
Senate amendment H-8642, filed by him from the floor and moved its
adoption:
H-8678
1 Amend the Senate amendment, H-8642, to House File
2 2615, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by inserting after line 42, the
5 following:
6 " . Page 8, by inserting after line 11, the
7 following:
8 "Sec. . PRIOR YEAR NONREVERSION - ALTERNATIVE
9 USE OF FUNDS. Notwithstanding 2001 Iowa Acts, chapter
10 184, section 3, subsection 3, 2001 Iowa Acts, chapter
11 184, section 13 and section 8.33, moneys appropriated
12 under 2001 Iowa Acts, chapter 184, section 3,
13 subsection 2, for the establishment and operating of a
14 substance abuse treatment facility which are
15 unobligated or unencumbered on April 1, 2002, which
16 are otherwise prohibited under this Act from being
17 expended or obligated for the remainder of the fiscal
18 year beginning July 1, 2001, and ending June 30, 2002,
19 and which are otherwise prohibited under this Act from
20 reverting that remain unobligated or unencumbered at
21 the end of the fiscal year beginning July 1, 2001, and
22 ending June 30, 2002, and that are made available
23 under this Act for a value-based treatment program at
24 the Newton correctional facility, $24,000 shall be
25 used for maintaining canine units at the Fort Madison
26 correctional facility, Anamosa correctional facility,
27 Oakdale correctional facility, Newton correctional
28 facility, Mt. Pleasant correctional facility, and the
29 Clarinda correctional facility:""
30 2. Page 2, line 3, by striking the word "to".
31 3. Page 2, by striking lines 4 and 5.
A non-record roll call was requested.
The ayes were 38, nays 55.
Amendment H-8678 lost.
Petersen of Polk offered the following amendment H-8686, to the
Senate amendment H-8642 filed by her and Wise of Lee from the floor
and moved its adoption:
H-8686
1 Amend the Senate amendment, H-8642, to House File
2 2615, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by inserting after line 42, the
5 following:
6 " . Page 8, by inserting after line 11, the
7 following:
8 "Sec. ___. PRIOR YEAR NONREVERSION - ALTERNATIVE
9 USE OF FUNDS. Notwithstanding 2001 Iowa Acts, chapter
10 184, section 3, subsection 3, 2001 Iowa Acts, chapter
11 184, section 13 and section 8.33, moneys appropriated
12 under 2001 Iowa Acts, chapter 184, section 3,
13 subsection 2, for the establishment and operating of a
14 substance abuse treatment facility which are
15 unobligated or unencumbered on April 1, 2002, which
16 are otherwise prohibited under this Act from being
17 expended or obligated for the remainder of the fiscal
18 year beginning July 1, 2001, and ending June 30, 2002,
19 and which are otherwise prohibited under this Act from
20 reverting that remain unobligated or unencumbered at
21 the end of the fiscal year beginning July 1, 2001, and
22 ending June 30, 2002, and that are made available
23 under this Act for a value-based treatment program at
24 the Newton correctional facility, $172,591 shall be
25 used to supplement the appropriations in this or any
26 other Act for the tobacco use prevention and control
27 initiatives for the fiscal year beginning July 1,
28 2002."
29 2. Page 2, line 3, by striking the word "to".
30 3. Page 2, by striking lines 4 and 5.
A non-record roll call was requested.
The ayes were 29, nays 47.
Amendment H-8686 lost.
Mascher of Johnson offered the following amendment H-8687, to
the Senate amendment H-8642, filed by her from the floor and moved
its adoption:
H-8687
1 Amend the Senate amendment, H-8642, to House File
2 2615, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by inserting after line 42, the
5 following:
6 " . Page 8, by inserting after line 11, the
7 following:
8 "Sec. . PRIOR YEAR NONREVERSION - ALTERNATIVE
9 USE OF FUNDS. Notwithstanding 2001 Iowa Acts, chapter
10 184, section 3, subsection 3, 2001 Iowa Acts, chapter
11 184, section 13 and section 8.33, moneys appropriated
12 under 2001 Iowa Acts, chapter 184, section 3,
13 subsection 2, for the establishment and operating of a
14 substance abuse treatment facility which are
15 unobligated or unencumbered on April 1, 2002, which
16 are otherwise prohibited under this Act from being
17 expended or obligated for the remainder of the fiscal
18 year beginning July 1, 2001, and ending June 30, 2002,
19 and which are otherwise prohibited under this Act from
20 reverting that remain unobligated or unencumbered at
21 the end of the fiscal year beginning July 1, 2001, and
22 ending June 30, 2002, and that are made available
23 under this Act for a value-based treatment program at
24 the Newton correctional facility, $172,591 shall be
25 used to fund the forgivable loan portion of the
26 registered nurse recruitment program as established in
27 2002 Iowa Acts, Senate File 2323, section 1, if
28 enacted for the fiscal year beginning July 1, 2002.""
29 2. Page 2, line 3, by striking the word "to".
30 3. Page 2, by striking lines 4 and 5.
Amendment H-8687 lost.
Mascher of Johnson offered amendment H-8689, to the Senate
amendment H-8642 filed by her from the floor as follows:
H-8689
1 Amend the Senate amendment, H-8642, to House File
2 2615, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 1, by inserting after line 2 the
5 following:
6 " . Page 3, line 20, by striking the figure
7 "5,000,000" and inserting the following:
8 "9,345,394"."
9 2. Page 1, by inserting after line 42 the
10 following:
11 " . Page 9, line 18, by striking the figure
12 "9,000,000" and inserting the following:
13 "13,345,394"."
Brunkhorst of Bremer rose on a point of order that amendment H-
8689, to amendment H-8642 was not germane.
The Speaker ruled the point not well taken and amendment
H-8689, to the Senate amendment H-8642 germane.
On motion by Mascher of Johnson amendment H-8689, to the
Senate amendment H-8642 lost.
Mascher of Johnson asked and received unanimous consent to
withdraw amendment H-8665, to the Senate amendment H-8642 filed
by her from the floor.
On motion by Brunkhorst of Bremer the House concurred in the
Senate amendment H-8642, as amended.
Brunkhorst of Bremer 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. 2615)
The ayes were, 56:
| 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. | Sievers |
| Tymeson | Tyrrell | Van Engelenhoven | Van Fossen |
| Weidman | Wilderdyke | Witt | Sukup, |
| Presiding | |||
The nays were, 39:
| Atteberry | Bell | Bukta | Chiodo |
| Cohoon | Dotzler | Fallon | Foege |
| Ford | Frevert | Greimann | Hatch |
| Huser | Jochum | Kreiman | Kuhn |
| Larkin | Lensing | Mascher | May |
| Murphy | Myers | Osterhaus | Petersen |
| Quirk | Reeder | Reynolds | Scherrman |
| Schrader | Seng | Shoultz | Smith |
| Stevens | Taylor, D. | Taylor, T. | Tremmel |
| Warnstadt | Winckler | Wise | |
Absent or not voting, 5:
| Connors | Mertz | O'Brien | Richardson |
| 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 2615 be immediately messaged to the Senate.
SENATE AMENDMENT CONSIDERED
Millage of Scott called up for consideration House File 2339, a bill
for an act relating to the filing of a supersedeas bond, amended by the
Senate amendment H-8669 as follows:
H-8669
1 Amend House File 2339, as passed by the House, as
2 follows:
3 1. Page 1, line 19, by striking the word
4 "district" and inserting the following: "supreme".
Hatch of Polk asked and received unanimous consent that
amendment H-8673, to Senate amendment H-8669, be deferred.
Rants of Woodbury asked and received unanimous consent that
House File 2339 be deferred and that the bill retain its place on the
calendar. (Amendment H-8669 pending)
Rants of Woodbury asked and received unanimous consent for the
immediate consideration of House File 2456.
Unfinished Business Calendar
House File 2456, a bill for an act amending Code provisions
administered by the department of education, including provisions
related to participation in extracurricular activities, tuition
reimbursement payment by school districts under the postsecondary
enrollment options Act, interscholastic activities agreements, school
infrastructure program calculations, phase I payment calculations,
and the use of phase III balances by school districts and area
education agencies, was taken up for consideration.
Cohoon of Des Moines asked and received unanimous consent to
withdraw amendment H-8214 filed by him on March 8, 2002.
Murphy of Dubuque asked and received unanimous consent to
withdraw amendment H-8185 filed by him on March 5, 2002.
Richardson of Warren asked and received unanimous consent to
withdraw amendment H-8170 filed by him on March 4, 2002.
SENATE FILE 2259 SUBSTITUTED FOR HOUSE FILE 2456
Finch of Story asked and received unanimous consent to substitute
Senate File 2259 for House File 2456.
Senate File 2259, a bill for an act amending Code provisions
administered by the department of education, including provisions
related to participation in extracurricular activities, tuition
reimbursement payment by school districts under the postsecondary
enrollment options Act, interscholastic activities agreements, school
infrastructure program calculations, phase I payment calculations,
and the use of phase III balances by school districts and area
education agencies, was taken up for consideration.
Finch of Story 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. 2259)
The ayes were, 94:
| Alons | Arnold | Atteberry | Baudler |
| Bell | Boal | Boddicker | Boggess |
| Bradley | Brauns | Broers | Brunkhorst |
| Bukta | Carroll | Chiodo | Cohoon |
| 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 | Metcalf | Millage |
| Murphy | Myers | Osterhaus | Petersen |
| Quirk | Raecker | Rants | Rayhons |
| Reeder | Rekow | Reynolds | Roberts |
| Scherrman | Schrader | Seng | Shey |
| Shoultz | Siegrist, Spkr. | Sievers | Smith |
| Taylor, D. | Taylor, T. | Tremmel | Tymeson |
| Tyrrell | Van Engelenhoven | Van Fossen | Warnstadt |
| Weidman | Wilderdyke | Winckler | Wise |
| Witt | Sukup, | ||
| Presiding | |||
The nays were, none.
Absent or not voting, 6:
| Connors | Mertz | O'Brien | Richardson |
| Stevens | Teig | ||
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
HOUSE FILE 2456 WITHDRAWN
Finch of Story asked and received unanimous consent to withdraw
House File 2456 from further consideration by the House.
IMMEDIATE MESSAGE
Rants of Woodbury asked and received unanimous consent that
Senate File 2259 be immediately messaged to the Senate.
The House resumed consideration of House File 2339, previously
deferred and found on pages 1386-1387 of the House Journal.
The House resumed consideration of House File 2339, a bill for
an act relating to the filing of a supersedeas bond, amended by the
Senate amendment H-8669 (pending)
Kreiman of Davis asked and received unanimous consent to
withdraw amendments H-8674, H-8675 and H-8676 to the Senate
amendment H-8669, filed by him from the floor.
Hatch of Polk asked and received unanimous consent to withdraw
amendment H-8673, to the Senate amendment H-8669, filed by him
from the floor.
On motion by Millage of Scott, the House concurred in the Senate
amendment H-8669.
Millage of Scott moved that the bill, as amended by the Senate and
concurred in by the House, be read a last time now and placed upon
its passage which motion prevailed and the bill was read a last time.
On the question "Shall the bill pass?" (H.F. 2339)
The ayes were, 75:
| Alons | Arnold | Atteberry | Baudler |
| Boal | Boddicker | Boggess | Bradley |
| Brauns | Broers | Brunkhorst | Bukta |
| Carroll | Cohoon | Cormack | De Boef |
| Dix | Dolecheck | Drake | Eddie |
| Eichhorn | Elgin | Finch | Garman |
| Gipp | Grundberg | Hahn | Hansen |
| Heaton | Hoffman | Horbach | Hoversten |
| Huseman | Jacobs | Jenkins | Jochum |
| Johnson | Jones | Kettering | Klemme |
| Kuhn | Larkin | Larson | Lensing |
| Manternach | Mascher | Metcalf | Millage |
| Murphy | Osterhaus | Petersen | Quirk |
| Raecker | Rants | Rayhons | Reeder |
| Rekow | Roberts | Scherrman | Shey |
| Siegrist, Spkr. | Sievers | Smith | Stevens |
| Taylor, D. | Tymeson | Tyrrell | Van Engelenhoven |
| Van Fossen | Warnstadt | Weidman | Wilderdyke |
| Wise | Witt | Sukup, | |
| Presiding | |||
The nays were, 20:
| Bell | Chiodo | Dotzler | Fallon |
| Foege | Ford | Frevert | Greimann |
| Hatch | Huser | Kreiman | May |
| Myers | Reynolds | Schrader | Seng |
| Shoultz | Taylor, T. | Tremmel | Winckler |
Absent or not voting, 5:
| Connors | Mertz | O'Brien | Richardson |
| 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 2339 be immediately messaged to the Senate.
SENATE AMENDMENT CONSIDERED
Brunkhorst of Bremer called up for consideration House File
2515, a bill for an act relating to the duties and operation of the
department of education and providing an effective and applicability
date, amended by the Senate amendment H-8681 as follows:
H-8681
1 Amend House File 2515, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, by inserting before line 1, the
4 following:
5 "Section 1. Section 256.3, Code 2001, is amended
6 to read as follows:
7 256.3 STATE BOARD ESTABLISHED.
8 The state board of education is established for the
9 department. The state board consists of
10 members, nine voting members and one nonvoting student
11 member. The voting members shall be appointed by the
12 governor subject to senate confirmation. The
13 nonvoting student members shall be appointed as
14 provided in section 256.5A. The voting members shall
15 be registered voters of the state and hold no other
16 elective or appointive state office. A voting member
17 shall not be engaged in professional education for a
18 major portion of the member's time nor shall the
19 member derive a major portion of income from any
20 business or activity connected with education. Not
21 more than five voting members shall be of the same
22 political party.
23 The terms of office for voting members are for six
24 years beginning and ending as provided in section
25 69.19.
26 Three of the
27 substantial knowledge related to the community college
28 system. The remaining six voting members shall be
29 members of the general public.
30 Sec. 2. Section 256.4, Code 2001, is amended to
31 read as follows:
32 256.4 OATH - VACANCIES.
33 The members of the state board shall qualify by
34 taking the regular oath of office as prescribed by law
35 for state officers. Vacancies in the voting
36 membership shall be filled in the same manner in which
37 regular appointments are required to be made.
38 Sec. 3. NEW SECTION. 256.5A NONVOTING MEMBER.
39 The governor shall appoint one nonvoting student
40 member of the state board for a term of one year
41 beginning and ending as provided in section 69.19.
42 The nonvoting student member shall be appointed from a
43 list of names submitted by the state board of
44 education. Students enrolled in either grade ten or
45 eleven in a public school may apply to the state board
46 to serve as a nonvoting student member. The
47 department shall develop an application process that
48 requires the consent of the student's parent or
49 guardian if the student is a minor, initial
50 application approval by the school district in which
Page 2
1 the student applicant is enrolled, and submission of
2 approved applications by a school district to the
3 department. The nonvoting student member's school
4 district of enrollment shall notify the student's
5 parents if the student's grade point average falls
6 during the period in which the student is a member of
7 the state board. The state board shall adopt rules
8 under chapter 17A specifying criteria for the
9 selection of applicants whose names shall be submitted
10 to the governor. Criteria shall include, but is not
11 limited to, academic excellence, participation in
12 extracurricular and community activities, and interest
13 in serving on the board. Rules adopted by the state
14 board shall also require, if the student is a minor,
15 supervision of the student by the student's parent or
16 guardian while the student is engaged in authorized
17 state board business at a location other than the
18 community in which the student resides, unless the
19 student's parent or guardian submits to the state
20 board a signed release indicating the parent or
21 guardian has determined that supervision of the
22 student by the parent or guardian is unnecessary. The
23 nonvoting student member shall be appointed without
24 regard to political affiliation. The nonvoting
25 student member shall have been enrolled in a public
26 school in Iowa for at least one year prior to the
27 member's appointment. A nonvoting student member who
28 will not graduate from high school prior to the end of
29 a second term may apply to the state board for
30 submission of candidacy to the governor for a second
31 one-year term. A nonvoting student member shall be
32 paid a per diem as provided in section 7E.6 and the
33 student and the student's parent or guardian shall be
34 reimbursed for actual and necessary expenses incurred
35 in the performance of the student's duties as a
36 nonvoting member of the state board. A vacancy in the
37 membership of the nonvoting student member shall not
38 be filled until the expiration of the term."
39 2. Page 2, by striking lines 20 through 32.
40 3. Page 3, by inserting after line 20 the
41 following:
42 "Sec. 201. Section 257.14, subsection 2, Code
43 Supplement 2001, is amended to read as follows:
44 2. For the budget years commencing July 1, 2002,
45 and July 1, 2003, if the department of management
46 determines that the regular program district cost of a
47 school district for a budget year is less than the
48 total of the regular program district cost plus any
49 adjustment added under this section for the base year
50 for that school district, the school district shall be
Page 3
1 eligible to receive a budget adjustment for that
2 district for that budget year up to an amount equal to
3 the difference. The board of directors of a school
4 district that wishes to receive a budget adjustment
5 pursuant to this subsection shall adopt a resolution
6 to receive the budget adjustment
7
8 management of the adoption of the resolution and the
9 amount of the budget adjustment to be received.
10 Sec. 202. Section 257.14, subsection 3, unnumbered
11 paragraph 3, Code Supplement 2001, is amended to read
12 as follows:
13 The board of directors of a school district that
14 wishes to receive a budget adjustment pursuant to this
15 subsection shall adopt a resolution to receive the
16 budget adjustment
17 and shall notify the department of management of the
18 adoption of the resolution and the amount of the
19 budget adjustment to be received."
20 4. Page 3, by inserting after line 20 the
21 following:
22 "Sec. . Section 257.16, Code 2001, is amended
23 to read as follows:
24 1. There is appropriated each year from the
25 general fund of the state an amount necessary to pay
26 the foundation aid and supplementary aid under section
27 257.4, subsection 2.
28 2. All state aids paid under this chapter, unless
29 otherwise stated, shall be paid in monthly
30 installments beginning on September 15 of a budget
31 year and ending on or about June 15 of the budget year
32 as determined by the department of management, taking
33 into consideration the relative budget and cash
34 position of the state resources.
35 3. All moneys received by a school district from
36 the state under this chapter shall be deposited in the
37 general fund of the school district, and may be used
38 for any school general fund purpose.
39 4. Notwithstanding any provision to the contrary,
40 if the governor orders budget reductions in accordance
41 with section 8.31, reductions in the appropriations
42 provided in accordance with this section shall be
43 distributed on a per pupil basis calculated with the
44 weighted enrollment determined in accordance with
45 section 257.6, subsection 5."
46 5. Page 3, by inserting after line 20 the
47 following:
48 "Sec. . NEW SECTION. 257.50 FEDERAL
49 ASSISTANCE - SCHOOL DISTRICT RESPONSIBILITIES.
50 The director of the department of education, in
Page 4
1 accepting and administering federal funds in
2 accordance with section 256.9, subsection 7, shall
3 upon receiving federal grant moneys under the federal
4 21st Century Community Learning Center Grant, Title
5 IV, Part B of the federal No Child Left Behind Act of
6 2001, Pub. L. No. 107-110, designate that a school
7 district be the fiscal agent for an eligible local
8 grant. Whenever possible, the grant applicant school
9 district shall collaborate with a community-based
10 organization, a public or private entity, or a
11 consortium of two or more of such organizations or
12 entities in establishing a community learning center.
13 The department shall give priority to applications for
14 programs serving students determined through research-
15 based methods to be in the greatest need of eligible
16 services. Notwithstanding the provisions of this
17 section, if federal rules or regulations relating to
18 the 21st Century Community Learning Center Grant are
19 adopted that are inconsistent with the provisions of
20 this section, the department of education shall comply
21 with the requirements of the federal rules or
22 regulations."
23 6. Page 5, by inserting after line 13, the
24 following:
25 "Sec. 301. Section 275.23A, subsection 2, Code
26 2001, is amended to read as follows:
27 2. Following each federal decennial census the
28 school board shall determine whether the existing
29 director district boundaries meet the standards in
30 subsection 1 according to the most recent federal
31 decennial census. If necessary, the board of
32 directors shall redraw the director district
33 boundaries. The director district boundaries shall be
34 described in a resolution adopted by the school board.
35 The resolution shall be adopted no earlier than
36 November 15 of the year immediately following the year
37 in which the federal decennial census is taken nor
38 later than
39 immediately following the year in which the federal
40 decennial census is taken. A copy of the plan shall
41 be filed with the area education agency administrator
42 of the area education agency in which the school's
43 electors reside."
44 7. Page 14, by inserting after line 7 the
45 following:
46 "Sec. . Section 301.1, Code 2001, is amended to
47 read as follows:
48 301.1 ADOPTION - PURCHASE AND SALE - ACCREDITED
49 NONPUBLIC SCHOOL PUPIL TEXTBOOK SERVICES.
50 1. The board of directors of each and every school
Page 5
1 district is hereby authorized and empowered to adopt
2 textbooks for the teaching of all branches that are
3 now or may hereafter be authorized to be taught in the
4 public schools of the state, and to contract for and
5 buy said books and any and all other necessary school
6 supplies at said contract prices, and to sell the same
7 to the pupils of their respective districts at cost,
8 loan such textbooks to such pupils free, or rent them
9 to such pupils at such reasonable fee as the board
10 shall fix, and said money so received shall be
11 returned to the general fund.
12 2. Textbooks adopted and purchased by a school
13 district
14 appropriated by the general assembly, be made
15 available to pupils attending accredited nonpublic
16 schools upon request of the pupil or the pupil's
17 parent under comparable terms as made available to
18 pupils attending public schools. If the general
19 assembly appropriates moneys for purposes of making
20 textbooks available to accredited nonpublic school
21 pupils, the department of education shall ascertain
22 the amount available to a school district for the
23 purchase of nonsectarian, nonreligious textbooks for
24 pupils attending accredited nonpublic schools. The
25 amount shall be in the proportion that the basic
26 enrollment of a participating accredited nonpublic
27 school bears to the sum of the basic enrollments of
28 all participating accredited nonpublic schools in the
29 state for the budget year. For purposes of this
30 section, a "participating accredited nonpublic school"
31 means an accredited nonpublic school that submits a
32 written request on behalf of the school's pupils in
33 accordance with this subsection, and that certifies
34 its actual enrollment to the department of education
35 by October 1, annually. By October 15, annually, the
36 department of education shall certify to the director
37 of revenue and finance the annual amount to be paid to
38 each school district, and the director of revenue and
39 finance shall draw warrants payable to school
40 districts in accordance with this subsection. For
41 purposes of this subsection, an accredited nonpublic
42 school's enrollment count shall include only students
43 who are residents of Iowa. The costs of providing
44 textbooks to accredited nonpublic school pupils as
45 provided in this subsection shall not be included in
46 the computation of district cost under chapter 257,
47 but shall be shown in the budget as an expense from
48 miscellaneous income. Textbook expenditures made in
49 accordance with this subsection shall be kept on file
50 in the school district.
Page 6
1 3. As used in
2 "textbooks" means books and loose-leaf or bound
3 manuals, systems of reusable instructional materials
4 or combinations of books and supplementary
5 instructional materials which convey information to
6 the student or otherwise contribute to the learning
7 process, or electronic textbooks, including but not
8 limited to computer software, applications using
9 computer-assisted instruction, interactive videodisc,
10 and other computer courseware and magnetic media."
11 8. Page 18, by inserting after line 18 the
12 following:
13 "Sec. . Section 403.19, subsections 2 and 7,
14 Code Supplement 2001, are amended to read as follows:
15 2. That portion of the taxes each year in excess
16 of such amount shall be allocated to and when
17 collected be paid into a special fund of the
18 municipality to pay the principal of and interest on
19 loans, moneys advanced to, or indebtedness, whether
20 funded, refunded, assumed, or otherwise, including
21 bonds issued under the authority of section 403.9,
22 subsection 1, incurred by the municipality to finance
23 or refinance, in whole or in part, an urban renewal
24 project within the area, and to provide assistance for
25 low and moderate income family housing as provided in
26 section 403.22, except that taxes for the regular and
27 voter-approved physical plant and equipment levy of a
28 school district imposed pursuant to section 298.2,
29 taxes for the instructional support levy of a school
30 district imposed pursuant to section 257.21, and taxes
31 for the payment of bonds and interest of each taxing
32 district must be collected against all taxable
33 property within the taxing district without limitation
34 by the provisions of this subsection. However, all or
35 a portion of the taxes for the physical plant and
36 equipment levy and for the instructional support levy
37 shall be paid by the school district to the
38 municipality
39
40
41
42
43
44
45
46
47
48
49 until the total assessed valuation of the taxable
50 property in an urban renewal area exceeds the total
Page 7
1 assessed value of the taxable property in such area as
2 shown by the last equalized assessment roll referred
3 to in subsection 1, all of the taxes levied and
4 collected upon the taxable property in the urban
5 renewal area shall be paid into the funds for the
6 respective taxing districts as taxes by or for the
7 taxing districts in the same manner as all other
8 property taxes. When such loans, advances,
9 indebtedness, and bonds, if any, and interest thereon,
10 have been paid, all moneys thereafter received from
11 taxes upon the taxable property in such urban renewal
12 area shall be paid into the funds for the respective
13 taxing districts in the same manner as taxes on all
14 other property.
15 7. a. All or a portion of the taxes for the
16 physical plant and equipment levy shall be paid by the
17 school district to the municipality if the auditor
18 certifies to the school district by July 1 the amount
19 of such levy that is necessary to pay the principal
20 and interest on bonds issued by the municipality to
21 finance an urban renewal project, which bonds were
22 issued before July 1, 2001. Indebtedness incurred to
23 refund bonds issued prior to July 1, 2001, shall not
24 be included in the certification. Such school district
25 shall pay over the amount certified by November 1 and
26 May 1 of the fiscal year following certification to
27 the school district. For any fiscal year, a
28 municipality may certify to the county auditor for
29 physical plant and equipment revenue necessary for
30 payment of principal and interest on bonds issued
31 prior to July 1, 2001, only if the municipality
32 certified for such revenue for the fiscal year
33 beginning July 1, 2000. A municipality shall not
34 certify to the county auditor for a school district
35 more than the amount the municipality certified for
36 the fiscal year beginning July 1, 2000. If for any
37 fiscal year a municipality fails to certify to the
38 county auditor for a school district by July 1 the
39 amount of physical plant and equipment revenue
40 necessary for payment of principal and interest on
41 such bonds, as provided in subsection 2, the school
42 district is not required to pay over the revenue to
43 the municipality. If a school district and a
44 municipality are unable to agree on the amount of
45 physical plant and equipment revenue certified by the
46 municipality for the fiscal year beginning July 1,
47 2001, either party may request that the state appeal
48 board review and finally pass upon the amount that may
49 be certified. Such appeals must be presented in
50 writing to the state appeal board no later than July
Page 8
1 31 following certification. The burden shall be on
2 the municipality to prove that the physical plant and
3 equipment levy revenue is necessary to pay principal
4 and interest on bonds issued prior to July 1, 2001. A
5 final decision must be issued by the state appeal
6 board no later than the following October 1.
7 b. All or a portion of the taxes for the
8 instructional support levy shall be paid by the school
9 district to the municipality if the auditor certifies
10 to the school district by July 1 the amount of such
11 levy that is necessary to pay the principal and
12 interest on bonds issued by the municipality to
13 finance an urban renewal project, which bonds were
14 issued before July 1, 2002. Indebtedness incurred to
15 refund bonds issued prior to July 1, 2002, shall not
16 be included in the certification. Such school district
17 shall pay over the amount certified by November 1 and
18 May 1 of the fiscal year following certification to
19 the school district. For any fiscal year, a
20 municipality shall not certify to the county auditor
21 for a school district more than the amount the
22 municipality certified for the fiscal year beginning
23 July 1, 2002. If for any fiscal year a municipality
24 fails to certify to the county auditor for a school
25 district by July 1 the amount of instructional support
26 property tax revenue necessary for payment of
27 principal and interest on such bonds, as provided in
28 subsection 2, the school district is not required to
29 pay over the revenue to the municipality. If a school
30 district and a municipality are unable to agree on the
31 amount of instructional support property tax revenue
32 certified by the municipality for the fiscal year
33 beginning July 1, 2002, either party may request that
34 the state appeal board review and finally pass upon
35 the amount that may be certified. Such appeals must
36 be presented in writing to the state appeal board no
37 later than July 31 following certification. The
38 burden shall be on the municipality to prove that the
39 instructional support property tax revenue is
40 necessary to pay principal and interest on bonds
41 issued prior to July 1, 2002. A final decision must
42 be issued by the state appeal board no later than the
43 following October 1."
44 9. Page 21, by striking line 21 and inserting the
45 following:
46 "Sec. . Sections 256.34, 260C.70, 301.29, and
47 301.30, Code 2001, are".
48 10. Page 21, by inserting after line 32, the
49 following:
50 "Sec. . EFFECTIVE DATE. Section 301 of this
Page 9
1 Act, amending section 275.23A, subsection 2, being
2 deemed of immediate importance, takes effect upon
3 enactment."
4 11. Page 21, by striking line 33 and inserting
5 the following:
6 "Sec. ___. EFFECTIVE DATES - APPLICABILITY.
7 1. Sections 201 and 202 of this Act, relating to
8 the date of adoption of a budget adjustment resolution
9 and notification of that adoption, being deemed of
10 immediate importance, take effect upon enactment and
11 apply retroactively for budget adjustment notification
12 for the school budget year beginning July 1, 2002.
13 2. Section 36 of".
14 12. Page 22, by inserting after line 5 the
15 following:
16 "Sec. . EFFECTIVE DATE. The section of this
17 Act, amending section 403.19, being deemed of
18 immediate importance, takes effect upon enactment."
19 13. Title page, line 2, by inserting after the
20 word "education" the following: "and school boards".
21 14. By renumbering, relettering, or redesignating
22 and correcting internal references as necessary.
Brunkhorst of Bremer offered the following amendment H-8688, to
the Senate amendment H-8681, filed by him from the floor and moved
its adoption:
H-8688
1 Amend the Senate amendment, H-8681, to House File
2 2515, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 2, by inserting after line 38 the
5 following:
6 "Sec. . Section 256.7, subsection 21, paragraph
7 c, Code Supplement 2001, is amended to read as
8 follows:
9 c. A requirement that all school districts and
10 accredited nonpublic schools annually report to the
11 department and the local community the district-wide
12 progress made in attaining student achievement goals
13 on the academic and other core indicators and the
14 district-wide progress made in attaining locally
15 established student learning goals. The school
16 districts and accredited nonpublic schools shall
17 demonstrate the use of multiple assessment measures in
18 determining student achievement levels. The school
19 districts and accredited nonpublic schools shall also
20 report the number of students who enter ninth grade
21 but do not graduate from the school or school
22 district; and the number of students who are tested
23 and the percentage of students who are so tested
24 annually. The board shall develop and adopt uniform
25 definitions consistent with the federal No Child Left
26 Behind Act of 2001, Pub. L. No. 107-110 and any
27 federal regulations adopted pursuant to the federal
28 Act. The school districts and accredited nonpublic
29 schools may report on other locally determined factors
30 influencing student achievement. The school districts
31 and accredited nonpublic schools shall also report to
32 the local community their results by individual
33 attendance center.""
34 2. By striking page 6, line 11, through page 8,
35 line 43.
36 3. Page 9, by striking lines 14 through 18.
37 4. By renumbering as necessary.
Rants of Woodbury asked and received unanimous consent that
House File 2515 be deferred and that the bill retain its place on the
calendar. (Amendments H-8681 and H-8688 pending)
ADOPTION OF THE REPORT OF THE
CONFERENCE COMMITTEE
(House File 2191)
Millage of Scott called up for consideration the report of the
conference committee on House File 2191 and moved the adoption of
the conference committee report and the amendments contained
therein as follows:
REPORT OF THE CONFERENCE COMMITTEE ON HOUSE FILE 2191
To the Speaker of the House of Representatives and the President of the Senate:
We, the undersigned members of the conference committee appointed to resolve the
differences between the House of Representatives and the Senate on House File 2191, a
bill for an Act relating to notarial acts of judicial officers, respectfully make the
following report:
1. That the Senate recedes from its amendment, H-8421.
2. That House File 2191, as passed by the House, is amended as follows:
1. Page 1, by striking lines 5 through 10, and inserting the following: "chapter.
However, this section shall not apply to a
performed by a judicial officer as defined in section 602.1101, if the notarial act is
performed in accordance with state or federal statutory authority."
ON THE PART OF THE HOUSE ON THE PART OF THE SENATE
DAVID MILLAGE, Chair NANCY BOETTGER, Chair
ROGER BROERS THOMAS FIEGEN
PAM JOCHUM WALLY HORN
KEITH KREIMAN STEVE KING
CHARLES LARSON O. GENE MADDOX
The motion prevailed and the conference committee report was
adopted.
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?" (H.F. 2191)
The ayes were, 92:
| Alons | Arnold | Atteberry | Baudler |
| Bell | Boal | Boddicker | Boggess |
| Bradley | Brauns | Broers | Brunkhorst |
| Bukta | Carroll | Chiodo | Cohoon |
| 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 |
| Lensing | Manternach | Mascher | May |
| Metcalf | Millage | Murphy | Myers |
| Osterhaus | Petersen | Quirk | Raecker |
| Rants | Rayhons | Reeder | Rekow |
| Reynolds | Roberts | Scherrman | Seng |
| Shey | Shoultz | Siegrist, Spkr. | Sievers |
| Smith | Stevens | Sukup | Taylor, D. |
| Taylor, T. | Tremmel | Tymeson | Tyrrell |
| Van Engelenhoven | Van Fossen | Warnstadt | Weidman |
| Wilderdyke | Winckler | Wise | Gipp, |
| Presiding | |||
The nays were, none.
Absent or not voting, 8:
| Connors | Larson | Mertz | O'Brien |
| Richardson | Schrader | Teig | Witt |
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
SENATE AMENDMENT CONSIDERED
Eichhorn of Hamilton called up for consideration 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,
amended by the Senate amendment H-8682 as follows:
H-8682
1 Amend House File 2622, as amended, passed, and
2 reprinted by the House, as follows:
3 1. By striking page 9, line 20, through page 10,
4 line 16.
5 2. Page 10, line 20, by striking the words "tax-
6 deferred savings" and inserting the following:
7 "qualified retirement plan".
8 3. By striking page 12, line 22 through page 13,
9 line 35 and inserting the following:
10 "Sec. . Section 422.43, subsection 11, Code
11 Supplement 2001, is amended by adding the following
12 new unnumbered paragraph:
13 NEW UNNUMBERED PARAGRAPH. For purposes of the tax
14 on enumerated services under this subsection, service
15 charges of financial institutions do not include
16 surcharges assessed with regard to nonproprietary ATM
17 transactions. This paragraph is repealed June 30,
18 2003."
19 4. Page 16, by inserting after line 32 the
20 following:
21 "Sec. . Section 425.15, Code 2001, is amended
22 to read as follows:
23 425.15 DISABLED VETERAN TAX CREDIT.
24 If the owner of a homestead allowed a credit under
25 this chapter is a veteran of any of the military
26 forces of the United States, who acquired the
27 homestead under 38 U.S.C. § 21.801, 21.802, or 38
28 U.S.C. § 2101, 2102, the credit allowed on the
29 homestead from the homestead credit fund shall be the
30 entire amount of the tax levied on the homestead. The
31 credit allowed shall be continued to the estate of a
32 veteran who is deceased or the surviving spouse and
33 any child, as defined in section 234.1, who are the
34 beneficiaries of a deceased veteran, so long as the
35 surviving spouse remains unmarried. This section is
36 not applicable to the holder of title to any homestead
37 whose annual income, together with that of the
38 titleholder's spouse, if any, for the last preceding
39 twelve-month income tax accounting period exceeds
40
41 purpose of this section "income" means taxable income
42 for federal income tax purposes plus income from
43 securities of state and other political subdivisions
44 exempt from federal income tax. A veteran or a
45 beneficiary of a veteran who elects to secure the
46 credit provided in this section is not eligible for
47 any other real property tax exemption provided by law
48 for veterans of military service. If a veteran
49 acquires a different homestead, the credit allowed
50 under this section may be claimed on the new homestead
Page 2
1 unless the veteran fails to meet the other
2 requirements of this section."
3 5. Page 18, by inserting after line 2 the
4 following:
5 "Sec. . Section 427.1, subsection 2, Code
6 Supplement 2001, is amended by adding the following
7 new unnumbered paragraph:
8 NEW UNNUMBERED PARAGRAPH. The operation of bingo
9 games on property of a school corporation shall not
10 adversely affect the exemption of that property under
11 this subsection if all proceeds, in excess of
12 expenses, are used for the legitimate purposes of the
13 school corporation."
14 6. Page 18, by inserting after line 12 the
15 following:
16 "Sec. . Section 427.1, subsection 8, Code
17 Supplement 2001, is amended by adding the following
18 new unnumbered paragraph:
19 NEW UNNUMBERED PARAGRAPH. The operation of bingo
20 games on property of a literary, scientific,
21 charitable, benevolent, agricultural, and religious
22 institutions and societies shall not adversely affect
23 the exemption of that property under this subsection
24 if all proceeds, in excess of expenses, are used for
25 the legitimate purposes of the institutions or
26 societies.
27 Sec. . Section 427.1, subsection 9, Code
28 Supplement 2001, is amended by adding the following
29 new unnumbered paragraph:
30 NEW UNNUMBERED PARAGRAPH. The operation of bingo
31 games on property of an educational institution shall
32 not adversely affect the exemption of that property
33 under this subsection if all proceeds, in excess of
34 expenses, are used for the legitimate purposes of the
35 educational institution."
36 7. Page 21, by striking lines 33 through 35.
37 8. Page 22, by striking lines 24 through 29.
38 9. By striking page 22, line 30, through page 23,
39 line 3, and inserting the following:
40 "Sec. .
41 1. ABATEMENT OF SALES AND USE TAXES. The director
42 of revenue and finance shall abate unpaid state sales
43 and use taxes and local sales and services taxes owed
44 by any foundry located in Lee or Jefferson county on
45 purchases of tangible personal property used by the
46 foundry in making patterns, molds, or dies which
47 purchases occurred between July 1, 1997, and the
48 effective date of this section.
49 2. REFUNDS. If the state sales and use taxes and
50 local sales and services taxes have been paid on the
Page 3
1 purchases of tangible personal property which occurred
2 between July 1, 1997, and the effective date of this
3 section and which taxes would have been abated under
4 subsection 1 if not paid, then such taxes and any
5 interest and penalties, that were paid, are eligible
6 for refund. However, refunds shall not be allowed
7 unless claims are filed prior to October 1, 2002, and
8 shall be limited to twenty-five thousand dollars in
9 the aggregate. If the amount of claims totals more
10 than twenty-five thousand dollars in the aggregate,
11 the department of revenue and finance shall prorate
12 the twenty-five thousand dollars among all claimants
13 in relation to the amounts of the claimants' valid
14 claims."
15 10. Page 23, by inserting before line 4 the
16 following:
17 "Sec. . VOLUNTEER FIRE FIGHTERS PENSION TASK
18 FORCE -REPORT. A volunteer fire fighters pension
19 task force is created concerning the establishment of
20 a pension system for volunteer fire fighters in this
21 state. The task force shall examine pension plans
22 established by other states for volunteer fire
23 fighters and shall solicit information from volunteer
24 fire fighters, and cities and townships with volunteer
25 fire fighters, concerning the establishment of a
26 pension system for volunteer fire fighters. The task
27 force shall also identify and examine issues relating
28 to volunteer fire departments' attraction and
29 retention of fire fighters and shall propose solutions
30 to these issues of attraction and retention.
31 Membership of the task force is to be determined by
32 the legislative council. Members shall be appointed
33 by the legislative council. The membership shall
34 include, but not be limited to, the following:
35 1. The commissioner of insurance or the
36 commissioner's designee.
37 2. The treasurer of state or the treasurer's
38 designee.
39 3. A representative of a pension system
40 established pursuant to Code chapter 411.
41 4. A representative of the Iowa public employees'
42 retirement system.
43 5. A representative of a pension system
44 established for private sector employees.
45 6. A representative of the state fire and
46 emergency response council.
47 7. A representative of volunteer fire fighters in
48 the state.
49 8. A representative of township trustees.
50 9. A representative of the Iowa league of cities.
Page 4
1 The legislative service bureau and the legislative
2 fiscal bureau shall provide staffing assistance to the
3 task force. The department of management shall
4 provide other assistance to the task force in
5 completing its duties.
6 The task force shall submit a report to the general
7 assembly by January 1, 2003. The report shall contain
8 the findings and recommendations of the task force."
9 11. Page 23, by inserting before line 4, the
10 following:
11 Sec. . IMPLEMENTATION OF ACT. Section 25B.7
12 does not apply to the section of this Act amending
13 section 425.15 relating to the disabled veteran tax
14 credit."
15 12. Page 23, by striking lines 17 through 20.
16 13. Page 23, by striking lines 26 through 30 and
17 inserting the following:
18 " . The section of this Act that provides for
19 the abatement of sales and use taxes owed or the
20 refund of sales and use tax paid on the purchases of
21 certain tangible personal property by a foundry, being
22 deemed of immediate importance, takes effect upon
23 enactment."
24 14. Page 23, by inserting after line 33 the
25 following:
26 " . The section of this Act amending section
27 425.15, being deemed of immediate importance, takes
28 effect upon enactment and applies retroactively to
29 January 1, 2002, for claims filed or on file on or
30 after that date."
31 15. Title page, line 5, by inserting after the
32 word "taxes" the following: ", directing a study,".
33 16. By renumbering, relettering, or redesignating
34 and correcting internal references as necessary.
Raecker of Polk offered the following amendment H-8690, to the
Senate amendment H-8682, filed by Raecker, Garman of Story and
Boddicker of Cedar from the floor and moved its adoption:
H-8690
1 Amend the Senate amendment, H-8682, to House File
2 2622, as amended, passed, and reprinted by the House,
3 as follows:
4 1. Page 2, by striking lines 3 through 35.
A non-record roll call was requested.
The ayes were 50, nays 28.
Amendment H-8690 was adopted.
On motion by Eichhorn of Hamilton the House concurred in the
Senate amendment H-8682, as amended.
Eichhorn of Hamilton 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. 2622)
The ayes were, 93:
| Alons | Arnold | Atteberry | Baudler |
| Bell | Boal | Boddicker | Boggess |
| Bradley | Brauns | Broers | Brunkhorst |
| Bukta | Carroll | Chiodo | Cohoon |
| 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 | Metcalf | Millage | Murphy |
| Myers | Osterhaus | Petersen | Quirk |
| Raecker | Rants | Rayhons | Reeder |
| Rekow | Reynolds | Roberts | Scherrman |
| Seng | Shey | Shoultz | Siegrist, Spkr. |
| Sievers | Smith | Stevens | Sukup |
| Taylor, D. | Taylor, T. | Tremmel | Tymeson |
| Tyrrell | Van Engelenhoven | Van Fossen | Warnstadt |
| Weidman | Wilderdyke | Winckler | Wise |
| Gipp, | |||
| Presiding | |||
The nays were, none.
Absent or not voting, 7:
| Connors | Mertz | O'Brien | Richardson |
| Schrader | Teig | Witt | |
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
The House resumed consideration of House File 2515, previously
deferred and found on pages 1390-1400 of the House Journal.
On motion by Brunkhorst of Bremer amendment H-8688 was
adopted.
On motion by Brunkhorst of Bremer the House concurred in the
Senate amendment H-8681, as amended.
Brunkhorst of Bremer 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. 2515)
The ayes were, 93:
| Alons | Arnold | Atteberry | Baudler |
| Bell | Boal | Boddicker | Boggess |
| Bradley | Brauns | Broers | Brunkhorst |
| Bukta | Carroll | Chiodo | Cohoon |
| 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 | Metcalf | Millage | Murphy |
| Myers | Osterhaus | Petersen | Quirk |
| Raecker | Rants | Rayhons | Reeder |
| Rekow | Reynolds | Roberts | Scherrman |
| Seng | Shey | Shoultz | Siegrist, Spkr. |
| Sievers | Smith | Stevens | Sukup |
| Taylor, D. | Taylor, T. | Tremmel | Tymeson |
| Tyrrell | Van Engelenhoven | Van Fossen | Warnstadt |
| Weidman | Wilderdyke | Winckler | Wise |
| Gipp, | |||
| Presiding | |||
The nays were, none.
Absent or not voting, 7:
| Connors | Mertz | O'Brien | Richardson |
| Schrader | Teig | Witt | |
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 2191, 2515 and 2622.
SENATE AMENDMENT CONSIDERED
Heaton of Henry called up for consideration 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,
amended by the Senate, and moved that the House concur in the
following Senate amendment H-8580:
H-8580
1 Amend House File 2613, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, line 35, by striking the figure "2001"
4 and inserting the following: "2002".
5 2. Page 2, line 1, by inserting after the figure
6 "2326," and following: "if enacted,".
The motion prevailed and the House concurred in the Senate
amendment H-8580.
Heaton of Henry 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. 2613)
The ayes were, 81:
| Alons | Arnold | Atteberry | Baudler |
| Bell | Boal | Boddicker | Boggess |
| Bradley | Brauns | Broers | Brunkhorst |
| Bukta | Carroll | Chiodo | Cohoon |
| Cormack | De Boef | Dix | Dolecheck |
| Dotzler | Drake | Eddie | Eichhorn |
| Elgin | Finch | Frevert | Garman |
| Grundberg | Hahn | Hansen | Heaton |
| Hoffman | Horbach | Hoversten | Huseman |
| Huser | Jacobs | Jenkins | Jochum |
| Johnson | Jones | Kettering | Klemme |
| Kuhn | Larkin | Larson | Lensing |
| Manternach | Mascher | May | Metcalf |
| Millage | Myers | Osterhaus | Petersen |
| Quirk | Raecker | Rants | Rayhons |
| Reeder | Rekow | Roberts | Scherrman |
| Seng | Shey | Siegrist, Spkr. | Sievers |
| Smith | Stevens | Sukup | Tymeson |
| Tyrrell | Van Engelenhoven | Van Fossen | Warnstadt |
| Weidman | Wilderdyke | Winckler | Wise |
| Gipp, | |||
| Presiding | |||
The nays were, 12:
| Fallon | Foege | Ford | Greimann |
| Hatch | Kreiman | Murphy | Reynolds |
| Shoultz | Taylor, D. | Taylor, T. | Tremmel |
Absent or not voting, 7:
| Connors | Mertz | O'Brien | Richardson |
| Schrader | Teig | Witt | |
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
ADOPTION OF THE REPORT OF THE
CONFERENCE COMMITTEE
(House File 2192)
Boddicker of Cedar called up for consideration the report of the
conference committee on House File 2192 and moved the adoption of
the conference committee report and the amendments contained
therein as follows:
REPORT OF THE CONFERENCE COMMITTEE ON HOUSE FILE 2192
To the Speaker of the House of Representatives and the President of the Senate:
We, the undersigned members of the conference committee appointed to resolve the
differences between the House of Representatives and the Senate on House File 2192,
an Act relating to the establishment of a state agency work group to develop an
interstate prescription drug purchasing cooperative, respectfully make the following
report:
1. That the House recedes from its amendment, S-5255.
2. That the Senate recedes from its amendment, H-8326.
3. That House File 2192, as amended, passed, and reprinted by the House, is
amended as follows:
1. By striking everything after the enacting clause and inserting the following:
"Section 1. INTERSTATE PRESCRIPTION DRUG PURCHASING
COOPERATIVE - TASK FORCE - REPORT.
1. The Iowa department of public health shall convene a task force to determine
the feasibility of establishing an interstate prescription drug purchasing cooperative
with other midwestern states.
2. The task force shall consist of all of the following voting members:
a. The director of public health, or the director's designee.
b. The director of human services, or the director's designee.
c. The director of the department of elder affairs, or the director's designee.
d. The director of the department of management, or the director's designee.
e. The director of the department of personnel, or the director's designee.
f. Four members of the general assembly.
3. a. The legislative members of the task force shall be appointed by the majority
leader of the senate, after consultation with the president of the senate and the
minority leader of the senate, and by the speaker of the house of representatives, after
consultation with the majority leader and the minority leader of the house of
representatives. The legislative appointments shall comply with sections 69.16 and
69.16A.
b. Vacancies on the task force shall be filled by the original appointing authority
and in the manner of the original appointments.
4. The task force shall elect a chairperson. A majority of the members of the task
force shall constitute a quorum. A majority vote of those members present shall be
required for any action of the task force. The Iowa department of public health and the
department of human services shall cooperate in providing staffing for the task force.
5. All of the following shall act as advisors to the task force:
a. The chairperson of the board of pharmacy examiners, or the chairperson's
designee.
b. The chairperson of the board of medical examiners, or the chairperson's
designee.
c. One person who is a representative of pharmaceutical manufacturers, selected
by the pharmaceutical research and manufacturers of America.
d. One person who is a representative of the Iowa pharmacy association, selected
by the Iowa pharmacy association.
e. One person who is a representative of the Iowa medical society, selected by the
Iowa medical society.
6. The task force shall pursue the development of an interstate prescription drug
purchasing cooperative through a minimum of the following means:
a. Utilizing regional and national entities such as the council of state governments,
the national conference of state legislatures, and others in establishing contact with
the governors and legislative leaders of other midwestern states.
b. Contacting the governors and legislative leaders of other states with existing
interstate cooperatives, including the states participating in the southern states
coalition purchasing pool, and other interstate cooperatives.
c. Contacting industry trade associations whose members are involved in the
delivery and reimbursement of state-funded pharmaceutical care.
7. The task force shall submit bimonthly progress reports of its findings and
recommendations regarding the establishment of an interstate prescription drug
purchasing cooperative to the oversight committee of the legislative council. The task
force shall also submit a final report of its findings and recommendations to the
governor and the general assembly no later than December 15, 2002."
2. Title page, line 1, by striking the words "state agency work group" and inserting
the following: "task force".
ON THE PART OF THE HOUSE: ON THE PART OF THE SENATE:
DAN BODDICKER, Chair MAGGIE TINSMAN, Chair
CARMINE BOAL PATRICIA HARPER
GREG HOVERSTEN DAVID MILLER
ROBERT OSTERHAUS NEAL SCHUERER
MARK SMITH MARK SHEARER
The motion prevailed and the conference committee report was
adopted.
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?" (H.F. 2192)
The ayes were, 93:
| Alons | Arnold | Atteberry | Baudler |
| Bell | Boal | Boddicker | Boggess |
| Bradley | Brauns | Broers | Brunkhorst |
| Bukta | Carroll | Chiodo | Cohoon |
| 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 | Metcalf | Millage | Murphy |
| Myers | Osterhaus | Petersen | Quirk |
| Raecker | Rants | Rayhons | Reeder |
| Rekow | Reynolds | Roberts | Scherrman |
| Seng | Shey | Shoultz | Siegrist, Spkr. |
| Sievers | Smith | Stevens | Sukup |
| Taylor, D. | Taylor, T. | Tremmel | Tymeson |
| Tyrrell | Van Engelenhoven | Van Fossen | Warnstadt |
| Weidman | Wilderdyke | Winckler | Wise |
| Gipp, | |||
| Presiding | |||
The nays were, none.
Absent or not voting, 7:
| Connors | Mertz | O'Brien | Richardson |
| Schrader | Teig | Witt | |
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
IMMEDIATE MESSAGE
Rants of Woodbury asked and received unanimous consent that
House File 2192 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 2378
Title page, line 1 - By striking the word "an" at the end of the line.
MARGARET A.THOMSON
Chief Clerk of the House
BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports that the following
bills have been examined and found correctly enrolled, signed by the Speaker of the
House and the President of the Senate, and presented to the Governor for his approval
on this 11th day of April, 2002: House Files 2584 and 2585.
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 11, 2002, he approved and transmitted to the Secretary of
State the following bills:
House File 2446, an act relating to the proposed uniform computer information
transactions Act.
House File 2531, an act making certain amendments to the Iowa trust code.
House File 2547, an act relating to certain programs and public health issues under
the purview of the Iowa department of public health, and providing a penalty.
House File 2587, a bill for an act relating to the Iowa energy center, including
changes relating to salary adjustments, and promotion and administration of the
alternative energy revolving loan program.
Senate File 144, a bill for an act requiring contracts for the construction or
maintenance of highways to include certain provisions for the restoration of areas in
which fill dirt or other materials are to be removed.
Senate File 466, an act relating to child care and protection public policy provisions
involving children by authorizing sanctions for a child care provider who obtains public
funding by fraudulent means.
Senate File 2273, a bill for an act relating to the designation of a Juneteenth
National Freedom Day.
GOVERNOR'S VETO MESSAGE
A copy of the following communication was received and placed on
file:
April 11, 2002
Brent Siegrist
Speaker of the House
State Capitol Building
L O C A L
Dear Speaker Siegrist:
I hereby transmit House File 608, an act relating to the delinquency charges on
certain pre-computed consumer credit transactions.
At a time when predatory lending is on the rise, this legislation would be a benefit
to such lenders. It represents a risk to Iowa Consumers and a loss to the Iowa
economy. The added costs are born by the citizens of Iowa then realized by out-of-state
high-cost lenders.
The Attorney General's Office supports the rejection of this bill as poor consumer
practice that would ultimately represent no benefit to the citizens and economy of our
state. In fact, he indicates that Iowans participating in these loan programs may find
repayment to be a strain and in the end, only compound their financial problems.
For the above reasons, I hereby respectfully disapprove House File 608.
Sincerely,
Thomas J. Vilsack
Govenor
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present in
the House chamber:
Forty-two eighth grade students from Odebolt-Arthur Middle
School, accompanied by Steve Walsh. By Kettering of Sac.
Seven students from Okoboji FFA, accompanied by Rich Martin.
By Stevens of Dickinson.
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\1043 Cory Kuykendall, Roland - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America
2002\1044 Edwin Evenson, Oelwein - For celebrating his 90th birthday.
2002\1045 George and Anne Webber, Waterloo - For celebrating their 50th
wedding anniversary.
2002\1046 George and Mildred Smith, Waterloo - For celebrating their 50th
wedding anniversary.
2002\1047 Cleston and RoseMary Fathke, Waterloo - For celebrating their 50th
wedding anniversary.
2002\1048 Olen and Ruth Rhoads, Waterloo - For celebrating their 50th
wedding anniversary.
2002\1049 Glen Whited, Waterloo - For celebrating his 90th birthday.
2002\1050 Paul and Doris Aardsma, Des Moines For celebrating their 50th
wedding anniversary.
2002\1051 Kali Liljedahl, Missouri Valley - For being named to the Des
Moines Register Academic All-State Team and being named a
National Merit Scholarship Finalist.
2002\1052 Angelo P. Costanzo, Des Moines - For celebrating his 80th birthday.
2002\1053 Bryan Llewellyn, St. Charles - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.
COMMITTEE RECOMMENDATION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendation has been received and
is on file in the office of the Chief Clerk.
MARGARET A. THOMSON
Chief Clerk of the House
COMMITTEE ON EDUCATION
Senate File 2328, a bill for an act providing for the establishment of the state
percent of growth for purposes of the state school foundation program and providing an
applicability date.
Fiscal Note is not required.
Recommended Do Pass April 11, 2002.
RESOLUTIONS FILED
HR 139, by Manternach, a resolution requesting the Secretary of
Agriculture to establish a task force to study value-added agricultural
issues.
Laid over under Rule 25.
HR 140, by Manternach, a resolution requesting the Secretary of
Agriculture to establish a task force to study value-added agricultural
issues
Laid over under Rule 25.
SCR 117, by Dvorsky and King, a concurrent resolution honoring Mr.
Harold "Tommy" Thompson upon his retirement as the Executive
Director of the Iowa Communications Network.
Laid over under Rule 25.
AMENDMENTS FILED
H-8640 S.F. 2118 Senate Amendment
H-8649 H.F. 2468 Klemme of Plymouth
H-8658 S.F. 2328 Wise of Lee
Bukta of Clinton Cohoon of Des Moines
Foege of Linn Greimann of Story
Lensing of Johnson Mascher of Johnson
Petersen of Polk Stevens of Dickinson
Winckler of Scott
H-8662 S.F. 2293 Frevert of Palo Alto
H-8666 S.F. 2293 Ford of Polk
H-8667 S.F. 2293 Ford of Polk
H-8672 H.F. 2615 Ford of Polk
On motion by Rants of Woodbury the House adjourned at 12:29
a.m., until 8:45 a.m., Friday, April 12, 2002.
| Previous Day: Wednesday, April 10 | Next Day: Friday, April 12 |
| Senate Journal: Index | House Journal: Index |
| Legislation: Index | Bill History: Index |
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
hjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Apr 12 12:56:22 CDT 2002
URL: /DOCS/GA/79GA/Session.2/HJournal/Day/0411.html
jhf