Absent or not voting, 4:
| Garman | Raecker | Scherrman | Teig |
Amendment H-8699 lost.
Gipp of Winneshiek moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 2626)
The ayes were, 76:
| Alons | Arnold | Baudler | Bell |
| Boal | Boddicker | Boggess | Bradley |
| Brauns | Broers | Brunkhorst | Bukta |
| Carroll | Chiodo | Cohoon | Connors |
| De Boef | Dix | Dolecheck | Drake |
| Eddie | Eichhorn | Elgin | Finch |
| Foege | Ford | Gipp | Grundberg |
| Hahn | Hansen | Heaton | Hoffman |
| Horbach | Hoversten | Huseman | Huser |
| Jacobs | Jenkins | Johnson | Jones |
| Kettering | Klemme | Kuhn | Larkin |
| Larson | Lensing | Manternach | May |
| Metcalf | Millage | Murphy | Myers |
| Petersen | Quirk | Rants | Rayhons |
| Rekow | Roberts | Seng | Shey |
| Shoultz | Sievers | Smith | Sukup |
| Taylor, D. | Taylor, T. | Tymeson | Tyrrell |
| Van Engelenhoven | Van Fossen | Warnstadt | Weidman |
| Wilderdyke | Winckler | Wise | Mr. Speaker |
| Siegrist | |||
The nays were, 19:
| Atteberry | Cormack | Dotzler | Fallon |
| Frevert | Greimann | Hatch | Jochum |
| Kreiman | Mascher | Mertz | O'Brien |
| Osterhaus | Reeder | Reynolds | Schrader |
| Stevens | Tremmel | Witt | |
Absent or not voting, 5:
| Garman | Raecker | Richardson | Scherrman |
| Teig |
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Scherrman of Dubuque on request of Myers of Johnson.
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 Bill (Formerly House Study Bill 723), addressing public funding
provisions and properly related matters by making, reducing, and transferring
appropriations, adjusting other expenditures for the fiscal year beginning July 1, 2001,
and including other appropriations, cooperative tax credits, and effective and
retroactive applicability date provisions.
Fiscal Note is not required.
Recommended Do Pass May 28, 2002.
RULES SUSPENDED
Rants of Woodbury asked and received unanimous consent to
suspend the rules for the immediate consideration of House File 2625.
House File 2625, a bill for an act addressing public funding
provisions and properly related matters by making, reducing, and
transferring appropriations, adjusting other expenditures for the
fiscal year beginning July 1, 2001, and including other
appropriations, cooperative tax credits, and effective and retroactive
applicability date provisions, was taken up for consideration.
Fallon of Polk offered the following amendment H-8701 filed by
Fallon, Kreiman of Davis, Reynolds of Van Buren, and Hatch of Polk
from the floor, and moved its adoption:
H-8701
1 Amend House File 2625 as follows:
2 1. By striking page 11, line 29 through page 12,
3 line 14.
4 2. By renumbering as necessary.
Roll call was requested by Fallon of Polk and Myers of Johnson.
On the question "Shall amendment H-8701 be adopted?" (H.F.
2625)
The ayes were, 43:
| Atteberry | Bell | Bukta | Chiodo | |
| Cohoon | Connors | Dotzler | Fallon | |
| Foege | Ford | Frevert | Greimann | |
| Hatch | Huser | Jochum | Kreiman | |
| Kuhn | Larkin | Lensing | Mascher | |
| May | Mertz | Murphy | Myers | |
| 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, 53:
Alons | Arnold | Baudler | Boal | |
|
Boddicker | Boggess | Bradley | Brauns | |
|
Broers | Brunkhorst | Carroll | Cormack | |
|
De Boef | Dix | Dolecheck | Drake | |
|
Eddie | Eichhorn | Elgin | Finch | |
|
Gipp | Grundberg | Hahn | Hansen | |
|
Heaton | Hoffman | Horbach | Hoversten | |
|
Huseman | Jacobs | Jenkins | Johnson | |
|
Jones | Kettering | Klemme | Larson | |
|
Manternach | Metcalf | Millage | Rants | |
|
Rayhons | Rekow | Roberts | Shey | |
|
Sievers | Sukup | Tymeson | Tyrrell | |
|
Van Engelenhoven | Van Fossen | Weidman | Wilderdyke | |
|
Mr. Speaker | ||||
|
Siegrist |
Absent or not voting, 4:
| Garman | Raecker | Scherrman | Teig |
| Amendment H-8701 lost. |
Murphy of Dubuque offered amendment H-8702 filed by him from
the floor and requested division as follows:
H-8702
1 Amend House File 2625 as follows:
H-8702A
2 1. By striking page 11, line 29 through page 12,
3 line 14.
H-8702B
4 2. Page 13, line 16, by inserting before the word
5 "in" the following: "by the later of March 15 or
6 thirty days prior to the date a school district budget
7 must be certified in accordance with section 24.17".
H-8702
8 3. By renumbering as necessary.
Murphy of Dubuque asked and received unanimous consent to
withdraw amendment H-8702A filed by him.
Murphy of Dubuque moved the adoption of amendment H-8702B.
Roll call was requested by Mascher of Johnson and Myers of
Johnson.
On the question "Shall amendment H-8702B be adopted?" (H.F.
2625)
The ayes were, 44:
| Atteberry | Bell | Bukta | Chiodo |
| Cohoon | Connors | Dotzler | Fallon |
| Finch | Foege | Ford | Frevert |
| Greimann | Hatch | Huser | Jochum |
| Kreiman | Kuhn | Larkin | Lensing |
| Mascher | May | Mertz | 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, 51:
| Alons | Arnold | Baudler | Boal |
| Boddicker | Boggess | Bradley | Brauns |
| Broers | Brunkhorst | Carroll | Cormack |
| De Boef | Dix | Dolecheck | Drake |
| Eddie | Eichhorn | Elgin | Gipp |
| Grundberg | Hahn | Heaton | Hoffman |
| Horbach | Hoversten | Huseman | Jacobs |
| Jenkins | Johnson | Jones | Kettering |
| Klemme | Larson | Manternach | Metcalf |
| Millage | Rants | Rayhons | Rekow |
| Roberts | Shey | Sievers | Sukup |
| Tymeson | Tyrrell | Van Engelenhoven | Van Fossen |
| Weidman | Wilderdyke | Mr. Speaker | |
| Siegrist | |||
Absent or not voting, 5:
| Garman | Hansen | Raecker | Scherrman |
| Teig | |||
Amendment H-8702B lost.
Finch of Story offered the following amendment H-8700 filed by
her from the floor and moved its adoption:
H-8700
1 Amend House File 2625 as follows:
2 1. Page 19, by inserting after line 6 the
3 following:
4 "DIVISION ____
5 SICK LEAVE AND VACATION INCENTIVE PROGRAM EXTENSION
6 Sec. . SICK LEAVE AND VACATION INCENTIVE
7 PROGRAM - FISCAL YEAR 2002-2003.
8 1. As used in this section, unless the context
9 provides otherwise:
10 a. "Credited service" means service under the Iowa
11 public employees' retirement system, as service is
12 defined in section 97B.1A, and membership service
13 under the public safety peace officers' retirement,
14 accident, and disability system, as defined in section
15 97A.1.
16 b. "Eligible employee" means an employee for
17 which, but for participation in the program, the sum
18 of the number of years of credited service and the
19 employee's age in years as of December 31, 2003,
20 equals or exceeds seventy-five.
21 c. "Employee" means an employee of the executive
22 branch of the state who is not covered by a collective
23 bargaining agreement, including an employee of a
24 judicial district department of correctional services
25 if the district elects to participate in the program,
26 an employee of the state board of regents if the board
27 elects to participate in the program, an employee of
28 the judicial branch if the judicial branch elects to
29 participate in the program, and an employee of the
30 department of justice. However, "employee" does not
31 mean an elected official.
32 d. "Participant" means a person who timely submits
33 an election to participate, and does participate, in
34 the sick leave and vacation incentive program
35 established under this section.
36 e. "Program" means the sick leave and vacation
37 incentive program established under this section.
38 f. "Regular annual salary" means an amount equal
39 to the eligible employee's regular biweekly rate of
40 pay as of the date of separation from employment
41 multiplied by twenty-six.
42 g. "Sick leave and vacation incentive benefit"
43 means an amount equal to the entire value of an
44 eligible employee's accumulated but unused vacation
45 plus the lesser of the entire value of the eligible
46 employee's accumulated and unused sick leave or the
47 employee's regular annual salary.
48 2. To become a participant in the program, an
49 eligible employee shall do all of the following:
50 a. Submit by August 14, 2002, a written
Page 2
1 application, on forms prescribed by the department of
2 personnel, seeking participation in the program.
3 b. Agree to waive any and all rights to receive
4 payments of sick leave balances under section 70A.23
5 and accrued vacation balances in a form other than as
6 provided in this section.
7 c. Agree to waive all rights to file suit against
8 the state of Iowa, including all of its departments,
9 agencies, and other subdivisions, based on state or
10 federal claims arising out of the employment
11 relationship.
12 d. Acknowledge, in writing, that participation in
13 the program waives any right to accept permanent part-
14 time or permanent full-time employment with the state
15 other than as an elected official on or after August
16 15, 2002.
17 e. Agree to separate from employment with the
18 state by August 15, 2002.
19 3. Upon acceptance to participate in the program
20 and separation from employment with the state by
21 August 15, 2002, a participant shall receive a sick
22 leave and vacation incentive benefit. The state shall
23 pay to the participant a portion of the sick leave and
24 vacation incentive benefit each fiscal year for a
25 period of five years commencing with the fiscal year
26 ending June 30, 2003.
27 4. The department of personnel shall administer
28 the program, including the determination of
29 eligibility for participation in the program, and
30 shall adopt administrative rules to administer the
31 program. The department may adopt rules on an
32 emergency basis under section 17A.4, subsection 2, and
33 section 17A.5, subsection 2, paragraph "b", to
34 implement this section and the rules shall be
35 effective immediately upon filing unless a later date
36 is specified in the rules.
37 5. The legislative council shall provide an
38 incentive program for employees of the legislative
39 branch consistent with the program provided in this
40 section for executive branch employees. The
41 legislative council shall collaborate with the
42 department of personnel to establish the program as
43 required under this subsection. The program provided
44 pursuant to this subsection shall establish the same
45 time guidelines and benefit calculations as provided
46 under the program for executive branch employees.
47 Sec. . EARLY TERMINATION PROGRAMS -
48 MISCELLANEOUS PROVISIONS.
49 1. DEFINITIONS. For purposes of this section,
50 unless the context otherwise requires:
Page 3
1 a. "Early termination participant" means an
2 eligible state employee who participates in an early
3 termination program.
4 b. "Early termination program" means a sick leave
5 and vacation incentive program as established or
6 required in this Act and the similar early termination
7 program established for state employees as established
8 pursuant to a collective bargaining agreement entered
9 into pursuant to chapter 20.
10 2. GROUP INSURANCE ELIGIBILITY. An early
11 termination participant shall be eligible to continue
12 participation in the group plan or under the group
13 contract at the early termination participant's own
14 expense in the same manner as a retired employee
15 pursuant to section 509A.13. In addition, an early
16 termination participant shall be deemed an eligible
17 retired state employee for purposes of eligibility for
18 continuation of group insurance covering spouses as
19 provided in section 509A.13A.
20 3. RELEASE OF RECORDS. Notwithstanding any
21 provision of chapter 22 or section 97B.17 to the
22 contrary, records of the department of personnel
23 maintained for the operation of the Iowa public
24 employees' retirement system may be released to the
25 directors, agents, and employees of the legislative
26 fiscal bureau, the department of revenue and finance,
27 the department of management, and the department of
28 personnel, for the purposes of administering and
29 monitoring an early termination program. A person
30 receiving a record pursuant to this subsection shall
31 maintain the confidentiality of any information
32 otherwise required to be kept confidential and shall
33 be subject to the same penalties as the custodian of
34 the records for the public dissemination of such
35 information. The authority to request a record as
36 provided pursuant to this subsection shall cease June
37 30, 2003.
38 4. REPORTING REQUIREMENTS. The department of
39 personnel, in collaboration with the department of
40 management, shall present a report by October 1, 2002,
41 concerning the operation of early termination programs
42 as provided in this Act. The reports shall be
43 submitted in conjunction with the reports required to
44 be submitted by the department of personnel pursuant
45 to 2001 Iowa Acts, Second Extraordinary Session,
46 chapter 5, section 4. The department shall also
47 submit an annual update concerning early termination
48 programs as provided in this Act by October 1 of each
49 year for four years, commencing October 1, 2003. The
50 reports shall include information concerning the
Page 4
1 number of early termination program participants, the
2 cost of the early termination program including any
3 payments made to participants, the number of state
4 employment positions eliminated pursuant to an early
5 termination program, the number of positions vacated
6 by an early termination program participant that have
7 been refilled, and the savings to the state based upon
8 the early termination program.
9 5. SAVINGS. a. For an executive branch position
10 vacated by an early termination participant pursuant
11 to an early termination program, the savings from that
12 termination, as determined by the department of
13 management, shall offset amounts that would otherwise
14 be reduced from the appropriation to the executive
15 branch department or establishment that employed the
16 participant due to the implementation of a furlough
17 program. The moneys saved by the department or
18 establishment due to the termination would then be
19 used by the department or establishment to reduce or
20 end the furlough program as it would otherwise apply
21 to the employees of that department or establishment,
22 to the extent of the savings. If savings in excess of
23 the amounts reduced by the department of management
24 for the applicable executive branch department or
25 establishment are received, and the furlough program
26 for that department or establishment ceases, those
27 moneys shall not revert to the general fund but shall
28 be transferred to the applicable executive branch
29 department or establishment for personnel costs which
30 shall not be expended for personnel costs without
31 prior approval of the department of management.
32 b. For a judicial or legislative branch position
33 vacated by an early termination participant pursuant
34 to an early termination program, the savings from that
35 termination, as determined by the judicial or
36 legislative branch as applicable, shall offset amounts
37 that would otherwise be reduced from the appropriation
38 to the legislative or judicial branch that employed
39 the participant due to the implementation of a
40 furlough program. The moneys saved by the legislative
41 or executive branch due to the termination would then
42 be used by the department or establishment to reduce
43 or end the furlough program as it would otherwise
44 apply to the employees of that branch, to the extent
45 of the savings.
46 6. ACROSS-THE-BOARD WAGE INCREASE DELAY. If an
47 employee organization representing state employees
48 agrees to an across-the-board wage increase delay as
49 provided in this subsection and to participate in an
50 early termination program as provided in this Act,
Page 5
1 then any across-the-board wage increases for employees
2 of the same state employer, who are not covered by a
3 collective bargaining agreement, which would otherwise
4 take effect at the beginning of the pay period in
5 which July 1, 2002, falls, shall be delayed until the
6 pay period in which November 1, 2002, falls."
7 2. By renumbering as necessary.
Amendment H-8700 was adopted.
The House stood at ease at 3:16 p.m., until the fall of the gavel.
The House resumed session at 3:44 p.m., Gipp of Winneshiek in
the chair.
Millage of Scott offered the following amendment H-8703 filed by
him from the floor and moved its adoption:
H-8703
1 Amend House File 2625 as follows:
2 1. Page 2, by inserting after line 14 the
3 following:
4 "There is appropriated from the rebuild Iowa
5 infrastructure fund to the state board of regents for
6 the fiscal year beginning July 1, 2003, and ending
7 June 30, 2004, the following amount, or so much
8 thereof as is necessary, to be used for the purpose
9 designated:
10 For repayment of the bonding for the phase II
11 construction of the engineering teaching and research
12 complex at Iowa state university of science and
13 technology, as authorized in this section:
14 $ 7,000,000
15 Moneys appropriated in this section are not subject
16 to transfer."
17 2. Page 12, by inserting after line 16 the
18 following:
19 "Sec. . Section 12E.12, subsection 8, if
20 enacted by 2002 Iowa Acts, Second Extraordinary
21 Session, Senate File 2334, section 229, is amended to
22 read as follows:
23 8. With respect to the payment of certain debt
24 service, the debt service to be paid shall be those
25 installments of debt service on bonds selected by the
26 treasurer of state and identified in the authority's
27 tax certificate delivered at the time of the issuance
28 of the bonds issued pursuant to this chapter, or as
29 otherwise selected by the treasurer of state. Once
30 the bonds and the installments of debt service thereon
31 are so selected, that debt service and bonds shall not
32 be paid, or provided to be paid, from any other source
33 including the state or any of its departments or
34 agencies. Provided, however, that if funds are not
35 appropriated to pay debt service on such bonds when
36 due, the issuing agency shall pay such debt service
37 from any available source as provided in the bond
38 covenants for such bonds."
39 3. Page 14, by inserting after line 12 the
40 following:
41 "Sec. . DUPLICATIVE POSITIONS - VACANT
42 POSITIONS - EDUCATIONAL ASSISTANCE.
43 1. It is the intent of the general assembly that
44 in implementing the provisions of 2002 Iowa Acts,
45 Second Extraordinary Session, Senate File 2334,
46 section 13, subsection 2, if enacted, the department
47 of personnel shall focus on duplicative job functions
48 in the agencies of the executive branch of state
49 government other than those institutions under the
50 control of the state board of regents. For the
Page 2
1 institutions under the state board of regents, the
2 state board of regents shall perform the duties
3 required of the department of personnel and shall
4 report to the oversight committee of the legislative
5 council in accordance with 2002 Iowa Acts, Second
6 Extraordinary Session, Senate File 2334, section 13,
7 subsection 2.
8 2. In implementing the requirements of 2002 Iowa
9 Acts, Second Extraordinary Session, Senate File 2334,
10 section 214, if enacted, relating to vacant positions,
11 the department of management shall address table of
12 organization changes other than those relating to the
13 institutions under the control of the state board of
14 regents. Table of organization changes relating to
15 the institutions under the control of the state board
16 of regents shall be implemented by the state board of
17 regents.
18 3. In implementing the requirements of 2002 Iowa
19 Acts, Second Extraordinary Session, Senate File 2334,
20 section 215, if enacted, relating to educational
21 assistance, the department of management shall ensure
22 compliance for executive branch agencies other than
23 those involving the institutions under the control of
24 the state board of regents. Implementation of a
25 restriction on subsidy or reimbursement for a class or
26 other course of study leading to an advanced degree
27 for an employee of an institution under the control of
28 the state board of regents shall be as determined by
29 the state board of regents."
30 4. Page 15, by inserting after line 23 the
31 following:
32 "Sec. . 2002 Iowa Acts, Second Extraordinary
33 Session, Senate File 2334, section 221, if enacted, is
34 amended to read as follows:
35 SEC. 221. IMPLEMENTATION OF FURLOUGHS.
36 It is the intent of the general assembly that
37 furloughs implemented pursuant to this division shall
38 not be implemented in a manner which results in more
39 than 25 percent of the workforce within an agency
40 division being on furlough at the same time. However,
41 if implementation of this section would conflict with
42 existing law or a collective bargaining agreement, the
43 agency shall take every step possible to minimize the
44 impact on the agency's customers and the public. The
45 agency shall work with representatives of affected
46 businesses to develop a plan for meeting the
47 businesses' needs during a furlough period and when
48 other funding reductions are implemented.
49 Sec. . 2002 Iowa Acts, House File 2614, section
50 2, unnumbered paragraph 2, as amended by 2002 Iowa
Page 3
1 Acts, Second Extraordinary Session, Senate File 2334,
2 section 226, if enacted, is amended to read as
3 follows:
4 For allocation by the state board of regents to the
5 state university of Iowa, the Iowa state university of
6 science and technology, and the university of northern
7 Iowa to reimburse the institutions for deficiencies in
8 their operating funds resulting from the pledging of
9 tuitions, student fees and charges, and institutional
10 income to finance the cost of providing academic and
11 administrative buildings and facilities and utility
12 services at the institutions, notwithstanding section
13 12E.12, subsection 1, paragraph "b", subparagraph (1):
14 $
15 10,503,733
16 Sec. . MEDICAL ASSISTANCE REDUCTION. The
17 appropriation made in 2002 Iowa Acts, Second
18 Extraordinary Session, Senate File 2334, from the
19 general fund of the state for medical assistance
20 reimbursement and associated costs for the fiscal year
21 beginning July 1, 2002, and ending June 30, 2003, is
22 reduced by the following amount:
23 $ 3,700,000"
24 5. Page 15, by striking lines 24 through 27 and
25 inserting the following:
26 "Sec. . EFFECTIVE DATE. This division of this
27 Act takes effect July 1, 2002, except for the
28 provision of this division amending 2001 Iowa Acts,
29 chapter 188, section 13, relating to tourism
30 operations, which, being deemed of immediate
31 importance, takes effect upon enactment."
32 6. By renumbering as necessary.
Amendment H-8703 was adopted.
Rants of Woodbury offered the following amendment H-8704 filed
by Rants, Myers of Johnson, and Connors of Polk from the floor and
moved its adoption:
H-8704
1 Amend House File 2625 as follows:
2 1. Page 3, by inserting after line 17 the
3 following:
4 "Sec. . LEGISLATIVE PER DIEM PAYMENT.
5 Notwithstanding section 2.10, subsection 6, for the
6 special session that convenes May 28, 2002, the
7 members of the general assembly are not entitled to
8 and shall not receive the sum of eighty-six dollars
9 per day for each day the general assembly is actually
10 in special session, but shall receive the same travel
11 allowances and expenses as authorized by section 2.10.
12 This section is retroactively applicable to May 28,
13 2002.
14 2. By renumbering as necessary.
Amendment H-8704 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. 2625)
The ayes were, 58:
| Alons | Arnold | Atteberry | Baudler |
| Bell | Boal | Boddicker | Boggess |
| Bradley | Brauns | Broers | Brunkhorst |
| Carroll | De Boef | Dix | Dolecheck |
| Drake | Eddie | Elgin | Finch |
| Greimann | Grundberg | Hahn | Hansen |
| Heaton | Hoffman | Horbach | Hoversten |
| Huseman | Huser | Jacobs | Jenkins |
| Johnson | Jones | Kettering | Klemme |
| Larson | Manternach | Metcalf | Millage |
| Rants | Rayhons | Reeder | Rekow |
| Roberts | Seng | Shey | Siegrist, Spkr. |
| Sievers | Smith | Sukup | Tymeson |
| Tyrrell | Van Engelenhoven | Warnstadt | Weidman |
| Wilderdyke | Gipp, | ||
| Presiding | |||
The nays were, 37:
| Bukta | Chiodo | Cohoon | Connors |
| Cormack | Dotzler | Eichhorn | Fallon |
| Foege | Ford | Frevert | Hatch |
| Jochum | Kreiman | Kuhn | Larkin |
| Lensing | Mascher | May | Mertz |
| Murphy | Myers | O'Brien | Osterhaus |
| Petersen | Quirk | Reynolds | Richardson |
| Schrader | Shoultz | Stevens | Taylor, D. |
| Taylor, T. | Tremmel | Winckler | Wise |
| Witt | |||
Absent or not voting, 5:
| Garman | Raecker | Scherrman | Teig |
| Van Fossen |
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
The House stood at ease at 3:57 p.m., until the fall of the gavel.
The House resumed session at 4:18 p.m., Speaker pro tempore
Sukup in the chair.
IMMEDIATE MESSAGES
Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 2625 and 2626.
The House stood at ease at 4:20 p.m., until the fall of the gavel.
The House resumed session at 5:00 p.m., Speaker pro tempore
Sukup in the chair.
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 APPROPRIATIONS
Committee Bill (Formerly House Study Bill 725), an act making, reducing, and
transferring appropriations, and providing for other properly related matters,
providing penalties, and including effective and applicability date provisions.
Fiscal Note is not required.
Recommended Do Pass May 28, 2002.
RULES SUSPENDED
Rants of Woodbury asked and received unanimous consent to
suspend the rules for the immediate consideration of House File 2627.
House File 2627, a bill for an act, making, reducing, and
transferring appropriations, and providing for other properly related
matters, providing penalties, and including effective and applicability
date provisions, was taken up for consideration.
Murphy of Dubuque offered the following amendment H-8707 filed
by him from the floor and moved its adoption:
H-8707
1 Amend House File 2627 as follows:
2 1. Page 165, by striking lines 14 through 23.
3 2. By renumbering as necessary.
Roll call was requested by Murphy of Dubuque and Myers of
Johnson.
On the question "Shall amendment H-8707 be adopted?" (H.F.
2627)
The ayes were, none:
|
The nays were, 96:
Alons | Arnold | Atteberry | Baudler | |
|
Bell | Boal | Boddicker | Boggess | |
|
Bradley | Brauns | Broers | Brunkhorst | |
|
Bukta | Carroll | Chiodo | Cohoon | |
|
Connors | Cormack | De Boef | Dix | |
|
Dolecheck | Dotzler | Drake | Eddie | |
|
Eichhorn | Elgin | Fallon | Finch | |
|
Foege | Ford | Frevert | Gipp | |
|
Greimann | Grundberg | Hahn | Hansen | |
|
Hatch | Heaton | Hoffman | Horbach | |
|
Hoversten | Huseman | Huser | Jacobs | |
|
Jenkins | Jochum | Johnson | Jones | |
|
Kettering | Klemme | Kreiman | Kuhn | |
|
Larkin | Larson | Lensing | Manternach | |
|
Mascher | May | Mertz | Metcalf | |
|
Millage | Murphy | Myers | O'Brien | |
|
Osterhaus | Petersen | Quirk | Rants | |
|
Rayhons | Reeder | Rekow | Reynolds | |
|
Richardson | Roberts | Schrader | Seng | |
|
Shey | Shoultz | Siegrist, Spkr. | Sievers | |
|
Smith | Stevens | Taylor, D. | Taylor, T. | |
|
Tremmel | Tymeson | Tyrrell | Van Engelenhoven | |
|
Van Fossen | Warnstadt | Weidman | Wilderdyke | |
|
Winckler | Wise | Witt | Sukup, | |
|
Absent or not voting, 4: Garman | Raecker | Scherrman | Teig | |
|
|
Amendment H-8707 lost.
Kreiman of Davis offered the following amendment H-8706 filed by
him from the floor and moved its adoption:
H-8706
1 Amend House File 2627 as follows:
2 1. Page 164, by inserting after line 2 the
3 following:
4 "Sec. . BUDGET PRACTICES BOARD.
5 1. A budget practices board shall be established
6 by the executive council to determine methodologies to
7 prevent future state general fund budget crises. The
8 specific duties of the board shall include, but are
9 not limited to, the following:
10 a. Determining the causes of the present general
11 fund budget difficulties.
12 b. Answering why the revenue estimating conference
13 was unable to predict the drastic decrease in state
14 revenues which has occurred.
15 c. Determining what and whether different
16 budgeting practices could have prevented the budget
17 difficulties.
18 d. Determining what methodologies or changes in
19 the Iowa statutes need to be enacted in order to
20 prevent future budget difficulties.
21 2. The board shall consist of ten members,
22 appointed as follows:
23 a. Two members by the speaker of the house of
24 representatives.
25 b. Two members by the minority leader of the house
26 of representatives.
27 c. Two members by the president of the senate.
28 d. Two members by the minority leader of the
29 senate.
30 e. Two members by the governor of which one is a
31 democrat and one is a republican.
32 The board shall be gender balanced. The members of
33 the board shall not receive compensation, except for
34 necessary and reasonable expenses.
35 3. The board may meet as often as it deems
36 necessary to complete its work. The board is
37 authorized to continue meeting until the end of the
38 regular legislative session which begins in January
39 2003, or until such longer time or shorter time as
40 further authorized in a bill passed by the general
41 assembly and signed by the governor.
42 4. The board shall report its findings to the
43 speaker of the house of representatives, the minority
44 leader of the house of representatives, the president
45 of the senate, the minority leader of the senate and
46 the executive council by January 1, 2003, with its
47 recommendations. All recommendations receiving at
48 least fifty percent of the vote of the total members
49 of the board shall be reported. The board shall have
50 cochairpersons, one member from each political party,
Page 2
1 who shall be elected upon the vote of the membership
2 of the board."
Amendment H-8706 lost.
Murphy of Dubuque offered the following amendment H-8708 filed
by him from the floor and moved its adoption:
H-8708
1 Amend House File 2627 as follows:
2 1. Page 37, line 6, by striking the figure
3 "2,384,063" and inserting the following: "4,734,063".
4 2. Page 38, line 20, by striking the figure
5 "245,463" and inserting the following: "485,463".
6 3. Page 39, line 16, by striking the figure
7 "352,889" and inserting the following: "702,889".
8 4. Page 45, by inserting after line 11 the
9 following:
10 "Sec. ___. DEPARTMENT OF EDUCATION. There is
11 appropriated from the general fund of the state to the
12 department of education for the fiscal year beginning
13 July 1, 2002, and ending June 30, 2003, the following
14 amount, or so much thereof as is necessary, to be used
15 for the purpose designated:
16 To assist the future farmers of America
17 organization:
18 $ 43,366"
19 5. Page 45, line 27, by striking the figures "2,
20 3," and inserting the following: "3".
21 6. Page 45, by striking lines 28 through 34.
22 7. By striking page 49, line 30 through page 50,
23 line 2.
24 8. Page 50, by striking lines 3 and 4.
25 9. Page 78, line 14, by striking the figure
26 "380,907,073" and inserting the following:
27 "384,907,073".
28 10. Page 87, line 25, by striking the figure
29 "98,144,163" and inserting the following:
30 "100,351,905".
31 11. Page 108, by striking lines 2 through 14.
32 12. Page 120, by inserting after line 22, the
33 following:
34 "Sec.___. Section 249A.9, if enacted by 2002 Iowa
35 Acts, Second Extraordinary Session, House File 2625,
36 is repealed."
37 13. Page 121, by inserting after line 12 the
38 following:
39 "g. The provision repealing section 249A.9, if
40 enacted in 2002 Iowa Acts, Second Extraordinary
41 Session, House File 2625."
42 14. Page 141, line 2, by striking the figure
43 "12,050,565" and inserting the following:
44 "12,618,393".
45 15. Page 142, line 3, by striking the figure
46 "3,392,889" and inserting the following: "3,552,763".
47 16. Page 142, line 31, by striking the figure
48 "37,019,624" and inserting the following:
49 "37,769,240".
50 17. By striking page 150, line 24, through page
Page 2
1 152, line 3.
2 18. Page 152, by striking lines 23 through 32.
3 19. By striking page 156, line 20, through page
4 157, line 5.
5 20. By striking page 158, line 27 through page
6 159, line 4.
7 21. Page 159, by striking lines 26 through 33.
8 22. By striking page 160, line 32 through page
9 161, line 7 and inserting the following: "ending June
10 30, 2003, the following amount, to be allocated as
11 provided in section 455A.19:
12 $
13 5,000,000"
14 23. Page 181, by inserting after line 5 the
15 following:
16 "DIVISION
17 FUND RESTORATION
18 Sec. ___. Section 455G.3, Code Supplement 2001, is
19 amended by adding the following new subsections:
20 NEW SUBSECTION. 7. There is appropriated from the
21 funds administered by the board to the following funds
22 for the fiscal year beginning July 1, 2002, and ending
23 June 30, 2003, the following amounts as specified:
24 a. To the rebuild Iowa infrastructure fund:
25 $ 9,370,600
26 b. To the environment first fund:
27 $ 9,500,000
28 c. To the general fund of the state:
29 $ 17,903,369
30 This subsection is repealed effective July 1, 2004.
31 NEW SUBSECTION. 8. Notwithstanding other
32 limitations of this chapter, the board may transfer
33 moneys without limitation between the different
34 accounts and funds authorized by this chapter as
35 determined by the board and to fulfill the purposes of
36 this chapter. This subsection is repealed effective
37 July 1, 2004.
38 Sec. ___. Section 455G.6, Code 2001, is amended by
39 adding the following new subsection:
40 NEW SUBSECTION. 17. Not later than October 31,
41 2002, the board shall enter into a loss portfolio
42 transfer agreement, to be implemented not later than
43 December 31, 2002, with the restructured insurance
44 board authorized in section 455G.11, subsection 1,
45 paragraph "c", for the payment of claims for
46 corrective action associated with releases at sites
47 which are insured at the time of the transfer by the
48 restructured insurance board subject to the following
49 conditions:
50 a. The value of the transfer shall be determined
Page 3
1 by mutual agreement of persons representing the board,
2 the restructured insurance board authorized in section
3 455G.11, subsection 1, paragraph "c", and a third
4 party designated and agreed to by the board and the
5 restructured insurance board. The amount transferred
6 shall be adequate to address all claim costs for
7 corrective action, fees, taxes, risk costs incurred by
8 the transferee, administration expenses associated
9 with the transferred claims, and other costs as
10 mutually agreed to by the parties.
11 b. The transfer shall address payments to eligible
12 claimants as determined by the board prior to the
13 transfer.
14 c. The transfer shall coincide with the transfer
15 of liabilities subject to the following, unless the
16 parties mutually agree otherwise:
17 (1) The lesser of twenty-five percent of the
18 agreed upon value or twenty million dollars, to be
19 transferred at the time of implementation of the
20 agreement, but not later than December 31, 2002,
21 unless another date is mutually agreed to by the
22 parties.
23 (2) Fifty percent of the remaining amount to be
24 transferred by July 1, 2003.
25 (3) Any remaining amount to be transferred by July
26 1, 2004.
27 d. The transferee shall be responsible for all
28 claim costs for corrective action, fees, and taxes
29 associated with each claim transferred.
30 e. Claims for releases at sites that are not
31 insured by the transferee may be included in the
32 agreement entered into pursuant to this subsection or
33 subsequent agreements if agreed to by the board and
34 the restructured insurance board.
35 Sec. . EFFECTIVE DATE. This division of this
36 Act takes effect July 1, 2002."
Roll call was requested by Murphy of Dubuque and Dotzler of
Black Hawk.
On the question "Shall amendment H-8708 be adopted?" (H.F.
2627)
The ayes were, 44:
| Atteberry | Bell | Bukta | Chiodo | |
| Cohoon | Connors | Dotzler | Fallon | |
| Finch | Foege | Ford | Frevert | |
| Greimann | Hatch | Huser | Jochum | |
| Kreiman | Kuhn | Larkin | Lensing | |
| Mascher | May | Mertz | 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, 52:
Alons | Arnold | Baudler | Boal | |
|
Boddicker | Boggess | Bradley | Brauns | |
|
Broers | Brunkhorst | Carroll | Cormack | |
|
De Boef | Dix | Dolecheck | Drake | |
|
Eddie | Eichhorn | Elgin | Gipp | |
|
Grundberg | Hahn | Hansen | Heaton | |
|
Hoffman | Horbach | Hoversten | Huseman | |
|
Jacobs | Jenkins | Johnson | Jones | |
|
Kettering | Klemme | Larson | Manternach | |
|
Metcalf | Millage | Rants | Rayhons | |
|
Rekow | Roberts | Shey | Siegrist, Spkr. | |
|
Sievers | Tymeson | Tyrrell | Van Engelenhoven | |
|
ngelenhoven ngelenhoven Van Fossen | Weidman | Wilderdyke | Sukup, | |
|
..Presiding | ||||
|
|
Absent or not voting, 4:
| Garman | Raecker | Scherrman | Teig |
Amendment H-8708 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. 2627)
The ayes were, 52:
| Alons | Arnold | Baudler | Boal | |
| Boddicker | Boggess | Bradley | Brauns | |
| Broers | Brunkhorst | Carroll | De Boef | |
| Dix | Dolecheck | Drake | Eddie | |
| Eichhorn | Elgin | Finch | Gipp | |
| Grundberg | Hahn | Hansen | Heaton | |
| Hoffman | Horbach | Hoversten | Huseman | |
| Jacobs | Jenkins | Johnson | Jones | |
| Kettering | Klemme | Larson | Manternach | |
| Metcalf | Millage | Rants | Rayhons | |
| Rekow | Roberts | Shey | Siegrist, Spkr. | |
| Sievers | Tymeson | Tyrrell | Van Engelenhoven | |
| Van Fossen | Weidman | Wilderdyke | Sukup, | |
| Presiding | ||||
|
The nays were, 44:
Atteberry | Bell | Bukta | Chiodo | |
|
Cohoon | Connors | Cormack | Dotzler | |
|
Fallon | Foege | Ford | Frevert | |
|
Greimann | Hatch | Huser | Jochum | |
|
Kreiman | Kuhn | Larkin | Lensing | |
|
Mascher | May | Mertz | Murphy | |
|
Myers | O'Brien | Osterhaus | Petersen | |
|
Quirk | Reeder | Reynolds | Richardson | |
|
Schrader | Seng | Shoultz | Smith | |
|
Stevens | Taylor, D. | Taylor, T. | Tremmel | |
|
Warnstadt | Winkler | Wise | Witt | |
|
|
Absent or not voting, 4:
| Garman | Raecker | Scherrman | Teig |
The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Rants of Woodbury asked and received unanimous consent that
House File 2627 be immediately messaged to the Senate.
The House stood at ease at 7:22 p.m., until the fall of the gavel.
The House resumed session at 7:50 p.m., Speaker Siegrist in the
chair.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Richardson of Warren on request of Huser of Polk.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that the Senate has on
May 28, 2002, amended and passed the following bill in which the concurrence of the
House is asked:
House File 2625, a bill for an act addressing public funding provisions and properly
related matters by making, reducing, and transferring appropriations, adjusting other
expenditures for the fiscal year beginning July 1, 2001, and including other
appropriations, cooperative tax credits, and effective and retroactive applicability date
provisions.
Also: That the Senate has on May 28, 2002, passed the following bill in which the
concurrence of the Senate was asked:
House File 2626, an act relating to and making transportation and other
infrastructure-related appropriations to the state department of transportation,
including allocation and use of moneys from the road use tax fund and the primary
road fund, and providing for the nonreversion of certain moneys and providing effective
dates.
MICHAEL E. MARSHALL, Secretary
SENATE AMENDMENT CONSIDERED
Millage of Scott called up for consideration House File 2625, a
bill for an act addressing public funding provisions and properly
related matters by making, reducing, and transferring
appropriations, adjusting other expenditures for the fiscal year
beginning July 1, 2001, and including other appropriations,
cooperative tax credits, and effective and retroactive applicability
date provisions, amended by the Senate, and moved that the House
concur in the following Senate amendment H-8709:
H-8709
1 Amend House File 2625, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 9, line 24, by striking the words and
4 figure "Senate File 2334" and inserting the following:
5 "House File 2627".
6 2. Page 13, line 3, by striking the words and
7 figure "Senate File 2334" and inserting the following:
8 "House File 2627".
9 3. Page 15, line 19, by striking the words and
10 figure "Senate File 2334" and inserting the following:
11 "House File 2627".
12 4. Page 15, line 28, by striking the words and
13 figure "Senate File 2334" and inserting the following:
14 "House File 2627".
15 5. Page 15, line 31, by striking the words and
16 figure "Senate File 2334" and inserting the following:
17 "House File 2627".
18 6. Page 16, line 5, by striking the words and
19 figure "Senate File 2334" and inserting the following:
20 "House File 2627".
21 7. Page 16, line 15, by striking the words and
22 figure "Senate File 2334" and inserting the following:
23 "House File 2627".
24 8. Page 16, line 24, by striking the words and
25 figure "Senate File 2334" and inserting the following:
26 "House File 2627".
27 9. Page 17, line 26, by striking the words and
28 figure "Senate File 2334" and inserting the following:
29 "House File 2627".
30 10. Page 18, line 7, by striking the words and
31 figure "Senate File 2334" and inserting the following:
32 "House File 2627".
33 11. Page 18, lines 21 and 22, by striking the
34 words and figure "Senate File 2334" and inserting the
35 following: "House File 2627".
36 12. Page 26, line 35, by striking the word
37 "executive" and inserting the following: "judicial".
38 13. Page 27, line 1, by striking the words
39 "department or establishment" and inserting the
40 following: "branch".
The motion prevailed and the House concurred in the Senate
amendment H-8709.
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. 2625)
The ayes were, 56:
| Alons | Arnold | Atteberry | Baudler |
| Bell | Boal | Boddicker | Boggess |
| Bradley | Brauns | Broers | Brunkhorst |
| Carroll | De Boef | Dix | Dolecheck |
| Drake | Eddie | Elgin | Finch |
| Gipp | Grundberg | Hahn | Hansen |
| Heaton | Hoffman | Horbach | Hoversten |
| Huseman | Huser | Jacobs | Jenkins |
| Johnson | Jones | Kettering | Klemme |
| Larson | Manternach | Metcalf | Millage |
| Rants | Rayhons | Reeder | Rekow |
| Roberts | Shey | Sievers | Sukup |
| Tymeson | Tyrrell | Van Engelenhoven | Van Fossen |
| Warnstadt | Weidman | Wilderdyke | Mr. Speaker |
| Siegrist | |||
The nays were, 39:
| Bukta | Chiodo | Cohoon | Connors |
| Cormack | Dotzler | Eichhorn | Fallon |
| Foege | Ford | Frevert | Greimann |
| Hatch | Jochum | Kreiman | Kuhn |
| Larkin | Lensing | Mascher | May |
| Mertz | Murphy | Myers | O'Brien |
| Osterhaus | Petersen | Quirk | Reynolds |
| Schrader | Seng | Shoultz | Smith |
| Stevens | Taylor, D. | Taylor, T. | Tremmel |
| Winckler | Wise | Witt | |
Absent or not voting, 5:
| Garman | Raecker | Richardson | Scherrman |
| Teig | |||
| The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. |
IMMEDIATE MESSAGE
Rants of Woodbury asked and received unanimous consent that
House File 2625 be immediately messaged to the Senate.
ADOPTION OF HOUSE CONCURRENT RESOLUTION 126
Rants of Woodbury asked and received unanimous consent for the
immediate consideration of House Concurrent Resolution 126 as
follows, and moved its adoption:
1 HOUSE CONCURRENT RESOLUTION 126
2 By Siegrist and Myers
3 A House concurrent resolution to provide for
4 adjournment sine die.
5 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE
6 SENATE CONCURRING, That when adjournment is had on
7 Tuesday, May 28, 2002, it shall be the final
8 adjournment of the 2002 Second Extraordinary Session of the
9 Seventy-ninth General Assembly.
The motion prevailed and the resolution was adopted.
IMMEDIATE MESSAGE
Rants of Woodbury asked and received unanimous consent that
House Concurrent Resolution 126 be immediately messaged to
the Senate.
MESSAGE TO THE GOVERNOR AND TO THE SENATE
Rants of Woodbury moved that the Chief Clerk of the House be
directed to send a written message to the Governor and to the Senate
informing them that the House of Representative was prepared to
adjourn sine die pursuant to House Concurrent Resolution 126.
The motion prevailed.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that the Senate has on
May 28, 2002, passed the following bill in which the concurrence of the Senate was
asked:
House File 2627, a bill for an act making, reducing, and transferring
appropriations, and providing for other properly related matters, providing penalties,
and including effective and applicability date provisions.
Also: That the Senate has on May 28, 2002, adopted the following resolution in
which the concurrence of the Senate was asked:
House Concurrent Resolution 126, a House Concurrent Resolution to provide for
adjournment sine die.
MICHAEL E. MARSHALL, Secretary
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 28th day of May, 2002: House Files 2625, 2626 and 2627.
MARGARET A. THOMSON
Chief Clerk of the House
Report adopted.
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 2626
Page 5, line 3 - Change "provide" to "provided".
House File 2627
Page 158, line 23 - Change "phosphorous" to "phosphorus".
MARGARET THOMSON
Chief Clerk of the House
FINAL ADJOURNMENT
By virtue of House Concurrent Resolution 126, duly adopted, the
day of May 28, 2002 having arrived, the Speaker of the House, Brent
Siegrist, declared the 2002 Second Extraordinary Session of the
House of Representatives of the Seventy-ninth General Assembly
adjourned sine die at 7:59 p.m.
SUPPLEMENT TO HOUSE JOURNAL
BILLS APPROVED, VETOED, OR ITEM VETOED
SUBSEQUENT TO ADJOURNMENT
The following is a record of the action of the Governor on bills
passed by the 2002 Second Extraordinary Session, May 28, of the
Seventy-ninth General Assembly and which action was had
subsequent to the date of final adjournment.
H.F. 2626 - Relating to and making transportation and other infrastructure-
related appropriations to the state department of transportation,
including allocation and use of moneys from the road use tax fund
and the primary road fund, and providing for the nonreversion of
certain moneys and providing effective dates. Approved 6-4-02.
GOVERNOR'S ITEM VETO MESSAGE
June 4, 2002
The Honorable Chester Culver
Secretary of State
State Capitol
L O C A L
Dear Secretary Culver:
I hereby transmit House File 2625, an Act addressing public funding provisions and
properly related matters by making, reducing, and transferring appropriations,
adjusting other expenditures for the fiscal year beginning July 1, 2001, and including
other appropriations, cooperative tax credits, and effective and retroactive applicability
date provisions.
With the Revenue Estimating Conference's recent action to decrease general fund
resources available to the state by $205.5 million in fiscal year 2002, I took responsible
action in calling a special session to take the necessary steps to balance the budget.
House File 2625 is the result of a plan that I worked with legislators in developing to
solve the budget shortfall for the current year. The plan included a series of funding
transfers that allow us to continue to provide the priority services of Iowans.
However, the bill has several provisions which I cannot support. I oppose the
Republicans' continuous assault on our senior citizens by attempting to raise
prescription drug costs on Iowans in need. I have vetoed their attempt to double the
co-payments on prescription drugs in the past, and I will do so again. I also cannot
support the Republicans' plan to add an unnecessary, burdensome layer of bureaucracy
and cost to the delivery of medical assistance. The burdens created for some Iowa
families and seniors are simply unacceptable.
House File 2625 is, therefore, signed on this date with the following exceptions,
which I hereby disapprove.
I am unable to approve Division V, Section 34 in its entirety. This provision would
increase the cost of prescription drugs for Iowans most in need. This, in effect, is a tax
on a group-aged, blind, disabled, children, and caretakers with very little or no income.
Additionally, if the individuals do not have the funds, the pharmacist is required to
dispense the drug anyway. This requires pharmacists to subsidize the costs and
creates an additional reluctance on the part of pharmacists to handle Medicaid
patients.
Section 34 would also require additional bureaucracy and associated costs by
calling for monthly reporting requirements for those who experience a change in
income, mailing address, household composition, or health insurance. In doing so, the
legislature would be creating an additional layer of bureaucracy, and an additional
layer of cost to process the monthly reports. This new bureaucratic requirement is
particularly unnecessary, considering the Department of Human Services already
requires Iowans in need who receive medical assistance to report changes in such
factors.
I am unable to approve Section 37. This section removes the requirement that the
legislature establish the state percent of allowable growth in funding for our local
school districts within the first 30 days of legislative session. This provision was
developed to ensure the state's commitment to education was made up front and did
not get bogged down in last minute budget negotiations and to provide adequate
planning time for school districts. Now, more than ever, when education is our state's
top priority, we must maintain that commitment to our local schools.
I am unable to approve Section 40, subsection 1. This section requires the
departments of personnel to identify duplicative job responsibilities throughout state
government and report these positions to the oversight committee. These
determinations on an enterprise-wide basis are already being done.
I am unable to approve Section 40, subsection 3. This administration has made
every attempt to provide quality educational opportunities for all Iowans. This section
denies the opportunity for state workers to access educational assistance. With a
shrinking state workforce, it is more important than ever to make sure the remaining
professionals have the training and education they need to effectively serve Iowans. I
believe this option should be maintained.
I am unable to approve Section 42. This section eliminates state funding to the
State Medical Library. The legislature had intended to shift this funding from the
medical library to the Department of Cultural Affairs for cultural grants, but the bill
failed to complete the transfer. While the republican legislature eliminates the medical
library funding, they also establish a task force charged with determining whether to
continue the State Medical Library; and if so, where it should be located. The medical
library provides essential educational materials and diagnostic and research searches
for health professionals and students. Closing this valuable resource for many Iowans
is shortsighted and unnecessary.
For the above reasons, I respectfully disapprove these items in accordance with
Amendment IV of the Amendments of 1968 to the Constitution of the State of Iowa.
All other items in House File 2625 are hereby approved as of this date.
Sincerely,
Thomas J. Vilsack
Governor
June 12, 2002
The Honorable Chester Culver
Secretary of State
State Capitol
L O C A L
Dear Secretary Culver:
I hereby transmit House File 2627, an Act addressing public funding provisions and
properly related matters by making, reducing, and transferring appropriations,
adjusting other expenditures for the fiscal year beginning July 1, 2002, and including
other appropriations, cooperative tax credits, and effective and retroactive applicability
date provisions.
With the revenue estimating conference's recent action to decrease general fund
resources available to the state by $212.5 million in fiscal year 2003, I took responsible
action in calling a special session to take the necessary steps to balance the budget. I
had offered a reasonable alternative plan that would have protected more of the
services provided to Iowans. However, the legislative leaders in the majority party
rejected my plan. This left me with two options - sign the bill as passed by the
legislature or have no budget in place for new fiscal year that starts in just a few
weeks. Clearly, it would be irresponsible to shut down state government. Therefore, I
have no alternative but to sign this legislation.
Despite the extraordinary challenge of a national recession, I am pleased that we
were successful in our administration's fight to preserve some key priorities of Iowa
families, including improving learning by reducing class sizes and increasing teacher
quality, and preserving access to health care for our children and senior citizens. I am
also please to restore $600,000 to the Enrich Iowa Libraries program. A reduction in
funding to this important initiative would stifle the progress this administration has
made in improving educational opportunities for Iowa's children.
However, this bill has several provisions which I cannot support. I oppose the
Republicans' continuous assault on our senior citizens by attempting to raise
prescription drug costs on Iowans in need. I have vetoed their attempt to double the
copayments on prescription drugs in the past, and I will do so again. The burdens
created for some Iowa families and seniors are simply unacceptable.
House File 2627 is, therefore, signed on this date with the following exceptions,
which I hereby disapprove.
I am unable to approve the items designated as Section 3, subsection 7 in its
entirety, Section 9, subsection 3 in its entirety, and Section 21, subsection 2 in its
entirety. These sections require commerce, racing and gaming, and the lottery to
report the Accountable Government Act activities by January 13, 2003. With the
reduction of state employees, this would create an unnecessary requirement. Such
reports should be completed per the implementation procedures as set forth in Iowa
Code Chapter 8E.
I am unable to approve the items designated as Section 5, subsection 5 in its
entirety, Section 13, subsection 2 in its entirety, Section 26, subsection 2 in its entirety,
and Section 28 in its entirety. These sections require the Departments of General
Services, Personnel and Information Technology to identify duplicative situations
within state government and report by September 1, 2002. Such activities should be
conducted on an enterprise wide basis as set forth in Section 11, subsection 3 of the
bill.
I am unable to approve the item designated as Section 26, subsection 1 in its
entirety. This item requires the Information Technology Department to notify the
Department of Management prior to any fee increases. The Department of
Management is then to notify the Legislative Fiscal Bureau. The two departments will
work cooperatively to examine such fee or rate increases, without the necessity of this
legislative mandate.
I am unable to approve the item designated as a portion of Section 30. This would
increase the maximum possible award to an employee for a cost saving idea from
$2,500 to $25,000. While employee suggestions are encouraged and indeed welcomed,
the state's current financial situation precludes such an increase.
I am unable to approve the item designated as Section 49, numbered paragraph 3.
Last year the legislature approved and I signed into law the Accountable Government
Act. This legislation established a comprehensive, enterprise-wide process for setting
program goals and establishing results measurements. This section would create
redundancies in goals and results measurements for the Department of Economic
Development.
I am unable to approve the items designed as Section 59, paragraph 2b, Section 60,
paragraph 2b and Section 61, paragraph 2b. These sections would require any
business or individual receiving benefits from specified regent programs to have a
commercially viable service or product. Many of the proposals and ideas brought to
these programs have not been developed to a stage of commercialization. To apply this
criteria at such an early stage of development would be contradictory to the very
services these programs are designed to provide.
I am unable to approve the item designated as Section 64, numbered paragraph 3.
The Department of Workforce Development has identified federal funds that can be
used to collect labor market information. Monies from the penalty and interest account
can and have been used to support services in the workers' compensation and labor
divisions of the department. The budget cuts sustained by these divisions could have
an adverse impact to the safety of Iowa's citizens and its workforce. The director of the
Department of Workforce Development currently has the authority to reassign unused
penalty and interest funds. We must maintain that flexibility to reallocate dollars
when needed to ensure the safety of Iowans.
I am unable to approve the item designated as Section 72. Expenditure information
for the executive branch agencies of state government is currently available to the
economic development appropriation subcommittee and the Legislative Fiscal Bureau
on a daily basis through the Iowa Financial and Accounting System. The Legislative
Fiscal Bureau also has the authority to request expenditure information from regent
universities. The reporting requirement in this section would duplicate existing data
and place an unneeded requirement on limited staff resources.
I am unable to approve the item designated as Section 73. The Department of
Workforce Development has begun a multi-phased project to upgrade the electronic
unemployment insurance processing system. This upgrade will address the reporting
and transmitting problems identified in this section of the bill. I concur that this
problem must be addressed, however, the complexity and magnitude of the needed
upgrade cannot be accomplished and implemented by July 1, 2002.
I am unable to approve the item designated as a portion of Section 102, subsection
2d. This language requires new reporting every other month to legislators on net
budgeting. This section would require additional staff resources at a time when
funding for staff has been severely reduced.
I am unable to approve the item designated as Section 106 in its entirety. Last year
the legislature approved and I signed into law the Accountable Government Act. This
legislation established a comprehensive, enterprise-wide process for setting program
goals and establishing results measurements. This section would create redundancies
in goals and results measurements for these departments.
I am unable to approve the item designated as Section 108 in its entirety. This
section would repeal the enabling language for the Community Grant Fund and end
the program. Although no money is appropriated for the Community Grant Fund in
the coming fiscal year, we should maintain the possibility of funding for this program
when more resources are available.
I am unable to approve the item designated as portion of Section 111, subsection 6.
This language requires the Department of Human Services to consult with the Welfare
Reform Council and legislative members prior to implementing rules related to the
Family Investment Program as required by the federal government. This mandated
consultation process may unduly delay the rules where federally required.
I am unable to approve the item designated as Section 115, subsection 8 in its
entirety. This language continues language from prior years related to the number of
beds allowed in a community setting for persons with mental retardation. With the
implementation of home and community based waivers, this language is no longer
needed.
I am unable to approve the item designated as Section 117, subsection 1 in its
entirety. This subsection would require the Department of Human Services to seek
input and recommendations from legislative members prior to entering into or
extending a managed care contract for mental health and substance abuse services.
The process for securing contracts provides that vendors will be evaluated on a specific
set of criteria to assure fairness and eliminate potential conflicts of interest. This
process includes a period of securing comments without giving the appearance of
conflict of interest. Therefore, this section is not necessary.
I am unable to approve the item designated as Section 119, subsection 5 in its
entirety. This language requires additional notice to legislators if additional federal
childcare funds are received. This section would require additional staff resources
when funding for staff has been severely reduced.
I am unable to approve the item designated as Section 120, subsection 1,
unnumbered paragraph 2. This item requires the Department of Human Services to
submit a plan for relocating males currently at Toledo, a female-only institution. This
language has been included in the appropriation bill for the past three years, however,
the legislature has failed to fund the proposal. My recommendation in a previous year
had included funding for this change, however, the legislature chose to use that
funding instead for other programs.
I am unable to approve the item designed as Section 121, subsection 9 in its
entirety. This language requires the Department of Human Services and juvenile
court officers to develop criteria for intensive tracking and supervision of delinquent
youth. These criteria were developed two years ago in response to this language, thus,
this language is no longer needed.
I am unable to approve the item designated as Section 121, subsection 18. This
directs the Department of Human Services to privatize the administration of foster
care and adoption programs. Given the fact that no additional funds were provided for
this purpose and staffing has been severely reduced, implementation of this section is
not feasible.
I am unable to approve the item designated as a portion of Section 132, subsection
2. This item requires the Department of Human Services to submit proposed
legislation to correct Code references related to service areas. This appears to be the
realm of the Legislative Fiscal Bureau or Code Editor rather than the Department of
Human Services, especially at a time when the department's resources have been
severely reduced.
I am unable to approve the items designated as Section 135, subsections 2 and 3 in
their entirety. This language provides legislative intent for items already in progress
or that appear to infringe on executive branch management duties. It is preferable
that the Department of Human Services be allowed to have flexibility in this area.
I am unable to approve the item designated at 137, subsection 1b(3) in its entirety.
The provision would increase the cost of prescription drugs for Iowans most in need.
This is an addition financial burden on a group with very little or no income.
Additionally, if the individuals do not have the funds, the pharmacist is required to
dispense the drug anyway. This could create an additional reluctance on the part of
pharmacists to handle Medicaid patients.
I am unable to approve the items designated as Section 138 in their entirety. This
section would exempt a currently closed nursing facility in Dows from the Certificate of
Need approval process and from meeting current life safety code and physical plant
requirements if the facility reopens by July 1, 2004. Allowing this section would put
the state at risk for liability in the event of any physical plant or clinical operation
problems. Excluding a facility from these requirements could place vulnerable
residents at health and safety risks and would set a dangerous precedent.
I am unable to approve the items designated as Section 141 and Section 151,
subsection 2c in their entirety. This language directs the department to reduce
administrative requirements for the targeted case management waiver. These
requirements are needed to obtain federal approval and support documentation for
claims for federal funds under the waiver.
I am unable to approve the items designated as Section 142 and Section 151,
subsection 2f in their entirety. This provision would require nursing facilities to be
certified for Medicaid and Medicare - even if the facility does not take Medicare
patients. I have previously directed the Department of Human Services to prepare
administrative rules to address dual certification for all applicable nursing facilities,
thus requiring certification of a nursing facility for both Medicare and Medicaid when
they are, in fact, providing services for clients of each program. This directive avoids
unnecessary additional administrative cost for dual certification that would be borne
by the state, over 62 nursing facilities, and Iowans who receive nursing home services.
I am unable to approve the language in Section 165, subsection 2, unnumbered
paragraph 1. This section would limit the amount of reimbursement in relation to
state costs from riverboat and racetrack enforcement costs. Sections 167, 168 and 169
clearly change the reimbursement rate from riverboats and racetracks enforcement
costs to 100% of the related expenses.
I am unable to approve Section 199(a). This section would de-appropriate $600,000
from the FY 2003 Rebuild Iowa Infrastructure fund appropriation for the Enrich Iowa
Libraries program. Quality libraries are a key component of the educational
infrastructure for Iowa's children. A reduction in funding would stifle the progress this
administration has made in improving educational opportunities for Iowa's children.
I am unable to approve Section 215. The administration has made every attempt to
provide quality educational opportunities for all Iowans. This section denies state
employees the opportunity to access educational assistance. I believe this option
should be maintained to further enhance the knowledge and skills of our workforce.
I am unable to approve the designated portion of Section 216. While I understand
the need to reduce paper within state government, I feel that there are times when
making state information available to the public in paper format is appropriate. An
example would be making Iowa tourism brochures available at welcome centers,
tourism booths, and other appropriate venues.
I am unable to approve Section 230. This section would increase the available
yearly allocation of tax credits for the Accelerated Career Education program (ACE). I
recognize that ACE programs allow education and business entities to provide students
with valuable education curriculum designed to meet the needs of specific industry
sectors. I support the expansion of these programs, however, it should not be
accomplished through the elimination of other vital economic development tools. I look
forward to working with the legislature to identify opportunities to increase funding for
ACE programs in the next legislative session.
I am unable approve Sections 231 and 232. These sections are designed to
eliminate the New Jobs Tax Credit for businesses to raise the cap for tax credits for the
Accelerated Career Education programs at community colleges. Sections 231 and 232
would eliminate a valuable tool used by communities and developers to encourage
business growth and expansion. The elimination of the New Jobs Tax Credit would
adversely affect the economic development packages of many communities.
For the above reasons, I respectfully disapprove these items in accordance with
Amendment IV of the Amendments of 1968 to the Constitution of the State of Iowa.
All other items in House File 2627 are hereby approved as of this date.
Sincerely,
Thomas J. Vilsack
Governor
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