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House Journal: Thursday, April 13, 1995

Ninety-fifth Calendar Day - Sixty-fourth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Thursday, April 13, 1995
The House met pursuant to adjournment at 9:15 a.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Dr. Craig Bex, Community Church, Kamar.
The Journal of Wednesday, April 12, 1995 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Speaker Corbett on request of Van Maanen of Marion.
CONSIDERATION OF BILLS
Regular Calendar
Senate File 116, a bill for an act authorizing certain persons
to access dependent adult abuse information, with report of
committee recommending passage, was taken up for consideration.
Martin 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. 116)
The ayes were, 94:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley 
Branstad       	Brauns         	Burnett        	Carroll 
Cataldo	Churchill      	Cohoon         	Connors 
Coon                  	Cormack        	Cornelius      	Daggett 
Dinkla         	Disney         	Doderer	Drake
Drees          	Eddie          	Ertl           	Fallon
Hammitt	Garman         	Gipp           	Greig 
Gries          	Grubbs         	Grundberg      	Hahn 
Halvorson      	Hanson         	Harper         	Harrison 
Heaton         	Holveck        	Houser         	Hurley
Huseman        	Jacobs         	Jochum         	Klemme
Koenigs        	Kreiman        	Kremer         	Lamberti 
Larkin         	Larson         	Lord           	Main
Martin         	Mascher        	May            	Mertz
Metcalf        	Meyer          	Millage        	Moreland
Mundie         	Murphy	Myers          	Nelson, B.
Nelson, L.       	Nutt           	O'Brien        	Ollie
Rants          	Renken         	Running	Salton
Schrader       	Schulte        	Shoultz        	Siegrist 
Sukup          	Teig           	Thomson	Tyrrell 
Van Fossen     	Vande Hoef     	Veenstra       	Warnstadt 
Weidman        	Weigel         	Welter         	Wise
Witt 	Van Maanen				   Presiding          	
The nays were, none.
Absent or not voting, 6:
Brammer        	Brand          	Brunkhorst	Corbett, Spkr.
Greiner  	McCoy  
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 132, a bill for an act relating to compensation for
victims of crimes, by providing for compensation to secondary
victims of crimes and increasing the maximum amount that may be
recovered for loss of work income due to injuries received by
victims, with report of committee recommending passage, was
taken up for consideration.
Lamberti of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 132)
The ayes were, 98:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand                 	Branstad       	Brauns         	Brunkhorst
Burnett        	Carroll        	Cataldo        	Churchill
Cohoon         	Connors        	Coon           	Cormack
Cornelius      	Daggett        	Dinkla         	Disney
Doderer        	Drake          	Drees          	Eddie
Ertl           	Fallon         	Garman         	Gipp
Greig          	Greiner        	Gries          	Grubbs
Grundberg      	Hahn           	Halvorson      	Hammitt
Hanson         	Harper         	Harrison       	Heaton
Holveck        	Houser         	Hurley         	Huseman
Jacobs         	Jochum         	Klemme         	Koenigs
Kreiman        	Kremer         	Lamberti       	Larkin
Larson         	Lord           	Main           	Martin
Mascher        	May            	McCoy          	Mertz
Metcalf        	Meyer          	Millage        	Moreland 
Mundie         	Murphy         	Myers          	Nelson, B.
Nelson, L.       	Nutt           	O'Brien        	Ollie
Rants          	Renken         	Running        	Salton
Schrader       	Schulte        	Shoultz        	Siegrist
Sukup          	Teig           	Thomson        	Tyrrell
Van Fossen     	Vande Hoef     	Veenstra       	Warnstadt
Weidman        	Weigel         	Welter         	Wise
Witt           	Van Maanen,
	  Presiding

The nays were, none.
Absent or not voting, 2:
Brammer        	Corbett, Spkr.
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 147, a bill for an act providing for the issuance of
single general permits by the department of natural resources
and providing an effective date, with report of committee
recommending passage, was taken up for consideration.
Main of Jefferson 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. 147)
The ayes were, 98:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand                 	Branstad       	Brauns        
	Brunkhorst 
Burnett        	Carroll        	Cataldo        	Churchill
Cohoon         	Connors        	Coon           	Cormack
Cornelius      	Daggett        	Dinkla         	Disney
Doderer        	Drake          	Drees          	Eddie
Ertl           	Fallon         	Garman         	Gipp
Greig          	Greiner        	Gries          	Grubbs
Grundberg      	Hahn           	Halvorson      	Hammitt
Hanson         	Harper         	Harrison       	Heaton
Holveck        	Houser         	Hurley         	Huseman
Jacobs         	Jochum         	Klemme         	Koenigs
Kreiman        	Kremer         	Lamberti       	Larkin
Larson         	Lord           	Main           	Martin
Mascher        	May            	McCoy          	Mertz
Metcalf        	Meyer          	Millage        	Moreland
Mundie         	Murphy         	Myers          	Nelson, B.
Nelson, L.       	Nutt           	O'Brien        	Ollie
Rants          	Renken         	Running        	Salton 
Schrader       	Schulte        	Shoultz        	Siegrist
Sukup          	Teig           	Thomson        	Tyrrell 
Van Fossen     	Vande Hoef     	Veenstra       	Warnstadt
Weidman        	Weigel         	Welter         	Wise
Witt           	Van Maanen,
	  Presiding
The nays were, none.
Absent or not voting, 2:
Brammer        	Corbett, Spkr.
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate: 
Senate Files 116, 132 and 147.
Senate File 358, a bill for an act relating to habitual
offenders of the motor vehicle laws, by providing for an
administrative adjudication of the habitual offender status, and
providing for the payment of fees, with report of committee
recommending passage, was taken up for consideration.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 358 be deferred and that the bill be placed on
the unfinished business calendar.
Senate File 88, a bill for an act relating to statutory
corrections which may adjust language to reflect current
practices, insert earlier omissions, delete redundancies and
inaccuracies, delete temporary language, resolve inconsistencies
and conflicts, update ongoing provisions, or remove ambiguities,
with report of committee recommending passage, was taken up for
consideration.
Dinkla of Guthrie 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. 88)
The ayes were, 97:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand                 	Branstad       	Brauns         	Brunkhorst
Burnett        	Carroll        	Cataldo        	Churchill
Cohoon         	Connors        	Coon           	Cormack
Cornelius      	Daggett        	Dinkla         	Disney 
Doderer        	Drake          	Drees          	Eddie
Ertl           	Fallon         	Garman         	Gipp
Greig          	Greiner        	Gries          	Grubbs
Grundberg      	Hahn           	Halvorson      	Hammitt
Hanson         	Harper         	Harrison       	Heaton
Holveck        	Houser         	Hurley         	Huseman
Jacobs         	Jochum         	Klemme         	Koenigs
Kreiman        	Kremer         	Lamberti       	Larkin
Larson         	Lord           	Main           	Martin
Mascher        	May            	McCoy          	Mertz
Metcalf        	Meyer          	Millage        	Moreland
Mundie         	Murphy         	Myers          	Nelson, B.
Nelson, L.       	Nutt           	O'Brien        	Ollie
Rants          	Renken         	Running        	Salton
Schrader       	Schulte        	Shoultz        	Siegrist
Sukup          	Teig           	Thomson        	Tyrrell
Vande Hoef     	Veenstra       	Warnstadt      	Weidman
Weigel         	Welter         	Wise           	Witt
Van Maanen,
  Presiding

The nays were, none.
Absent or not voting, 3:
Brammer        	Corbett, Spkr.	Van Fossen
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 436, a bill for an act relating to the child abuse
registry by providing access for purposes of certifying sex
offender treatment providers, for certain publicly operated
facilities or programs, and for certain purposes of public
employers, with report of committee recommending amendment and
passage, was taken up for consideration.
Boddicker of Cedar offered the following amendment H-3814 filed
by the committee on human resources and moved its adoption:
H-3814
 1     Amend Senate File 436, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, line 8, by striking the word
 4   "subparagraph" and inserting the following:
 5   "subparagraphs".
 6     2.  Page 1, by inserting after line 13 the
 7   following:
 8     "NEW SUBPARAGRAPH.  (12)  To an administrator of an
 9   agency certified by the department of human services
10   to provide services under a medical assistance home
11   and community-based services waiver, if the
12   information concerns a person employed by or being
13   considered by the agency for employment."
14     3.  Page 1, by inserting after line 23 the
15   following:
16     "Sec. ___.  Section 235B.6, subsection 2, paragraph
17   c, Code 1995, is amended by adding the following new
18   subparagraph:
19     NEW SUBPARAGRAPH.  (5)  To an administrator of an
20   agency certified by the department of human services
21   to provide services under a medical assistance home
22   and community-based services waiver, if the
23   information concerns a person employed by or being
24   considered by the agency for employment.
25     Sec. ___.  NEW SECTION.  249A.29  HOME AND
26   COMMUNITY-BASED SERVICES WAIVER PROVIDERS -- RECORDS
27   CHECKS.
28     1.  For purposes of this section unless the context
29   otherwise requires:
30     a.  "Consumer" means an individual approved by the
31   department to receive services under a waiver.
32     b.  "Provider" means an agency certified by the
33   department to provide services under a waiver.
34     c.  "Waiver" means a home and community-based
35   services waiver approved by the federal government and
36   implemented under the medical assistance program.
37     2.  If a person is being considered by a provider
38   for employment involving direct responsibility for a
39   consumer or with access to a consumer when the
40   consumer is alone, and if the person has been
41   convicted of a crime or has a record of founded child
42   or dependent adult abuse, the department shall perform
43   an evaluation to determine whether the crime or
44   founded abuse warrants prohibition of employment by
45   the provider.  The department shall conduct criminal
46   and child and dependent adult abuse record checks of
47   the person in this state and may conduct these checks
48   in other states.  The record checks and evaluations
49   required by this section shall be performed in
50   accordance with procedures adopted for this purpose by

Page 2  

 1   the department.
 2     3.  If the department determines that a person
 3   employed by a provider has committed a crime or has a
 4   record of founded abuse, the department shall perform
 5   an evaluation to determine whether prohibition of the
 6   person's employment is warranted.
 7     4.  In an evaluation, the department shall consider
 8   the nature and seriousness of the crime or founded
 9   abuse in relation to the position sought or held, the
10   time elapsed since the commission of the crime or
11   founded abuse, the circumstances under which the crime
12   or founded abuse was committed, the degree of
13   rehabilitation, the likelihood that the person will
14   commit the crime or founded abuse again, and the
15   number of crimes or founded abuses committed by the
16   person involved.  The department may permit a person
17   who is evaluated to be employed or to continue to be
18   employed by the provider if the person complies with
19   the department's conditions relating to the
20   employment, which may include completion of additional
21   training.
22     5.  If the department determines that the person
23   has committed a crime or has a record of founded abuse
24   which warrants prohibition of employment, the person
25   shall not be employed by a provider."
26     4.  Title page, line 1, by striking the words "the
27   child abuse registry" and inserting the following:
28   "certification and employment provisions involving
29   state abuse registries".
30     5.  Title page, line 3, by striking the word
31   "and".
32     6.  Title page, line 4, by inserting after the
33   word "employers" the following:  ", and requiring
34   records checks for purposes of employment by certain
35   medical assistance program service providers".
The committee amendment H-3814 was adopted.
Fallon of Polk asked and received unanimous consent to withdraw
amendment H-3826 filed by him on April 10, 1995.
Boddicker of Cedar moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 436)
The ayes were, 98:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Brunkhorst
Burnett        	Carroll        	Cataldo        	Churchill
Cohoon         	Connors        	Coon           	Cormack
Cornelius      	Daggett        	Dinkla         	Disney
Doderer        	Drake          	Drees          	Eddie
Ertl           	Fallon         	Garman         	Gipp
Greig          	Greiner        	Gries          	Grubbs
Grundberg      	Hahn           	Halvorson      	Hammitt
Hanson         	Harper         	Harrison       	Heaton
Holveck        	Houser         	Hurley         	Huseman
Jacobs         	Jochum         	Klemme         	Koenigs
Kreiman        	Kremer         	Lamberti       	Larkin
Larson         	Lord           	Main           	Martin
Mascher        	May            	McCoy          	Mertz
Metcalf        	Meyer          	Millage        	Moreland
Mundie         	Murphy         	Myers          	Nelson, B.
Nelson, L.       	Nutt           	O'Brien        	Ollie
Rants          	Renken         	Running        	Salton
Schrader       	Schulte        	Shoultz        	Siegrist
Sukup          	Teig           	Thomson        	Tyrrell
Van Fossen     	Vande Hoef     	Veenstra       	Warnstadt
Weidman        	Weigel         	Welter         	Wise
Witt           	Van Maanen,
	  Presiding
The nays were, none.
Absent or not voting, 2:
Brammer               	Corbett, Spkr.
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate: 
Senate Files 88 and 436.
Senate File 152, a bill for an act relating to the name of those
persons who engage in the practice of podiatry, with report of
committee recommending passage, was taken up for consideration.
Coon of Warren 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. 152)
The ayes were, 93:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Burnett
Carroll        	Cataldo        	Churchill      	Cohoon
Connors        	Coon           	Cormack        	Cornelius
Daggett        	Disney         	Doderer        	Drake
Drees          	Eddie          	Ertl           	Fallon
Garman         	Gipp           	Greig          	Greiner
Gries          	Grubbs         	Hahn           	Halvorson
Hammitt        	Hanson         	Harper         	Harrison
Heaton         	Holveck        	Houser         	Hurley 
Huseman        	Jacobs         	Jochum         	Klemme
Koenigs        	Kreiman        	Kremer         	Lamberti 
Larkin         	Larson         	Lord           	Main
Martin         	Mascher        	May            	McCoy 
Mertz          	Metcalf        	Millage        	Moreland
Mundie         	Murphy         	Myers          	Nelson, B.
Nelson, L.       	Nutt           	O'Brien        	Ollie
Rants          	Renken         	Running        	Salton
Schrader       	Schulte        	Shoultz        	Siegrist
Sukup          	Teig           	Thomson        	Van Fossen
Vande Hoef     	Veenstra       	Warnstadt      	Weidman
Weigel         	Welter         	Wise           	Witt
Van Maanen ,
  Presiding    	
The nays were, 5:
Brunkhorst     	Dinkla         	Grundberg      	Meyer
Tyrrell 
Absent or not voting, 2:
Brammer               	Corbett, Spkr.
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 152 be immediately messaged to the Senate.
Senate File 149, a bill for an act relating to child support
recovery, with report of committee recommending passage, was
taken up for consideration.
Harrison 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. 149)
The ayes were, 94:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Brunkhorst
Burnett        	Carroll        	Cataldo               	Churchill
Cohoon         	Connors        	Coon           	Cormack
Cornelius      	Daggett        	Dinkla         	Disney
Drake          	Drees          	Eddie          	Ertl
Fallon         	Garman         	Gipp           	Greig
Greiner        	Gries          	Grubbs         	Grundberg
Hahn           	Halvorson      	Hammitt        	Hanson
Harper         	Harrison       	Heaton         	Houser
Hurley         	Huseman        	Jacobs         	Jochum
Klemme         	Koenigs        	Kremer         	Lamberti
Larkin         	Larson         	Lord           	Main 
Martin         	Mascher        	May            	McCoy
Mertz          	Metcalf        	Meyer          	Millage
Moreland       	Mundie         	Murphy         	Myers
Nelson, B.      	Nelson, L.       	Nutt           	O'Brien
Ollie          	Rants          	Renken         	Running
Salton         	Schrader       	Schulte        	Shoultz
Siegrist       	Sukup          	Teig           	Thomson
Tyrrell        	Van Fossen     	Vande Hoef     	Veenstra
Warnstadt      	Weidman        	Weigel         	Welter
Wise           	Van Maanen,
	  Presiding
The nays were, 3:
Doderer        	Holveck       	Kreiman
Absent or not voting, 3:
Brammer        	Corbett, Spkr.	Witt
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 149 be immediately messaged to the Senate.
Senate File 60, a bill for an act relating to establishing a
linked investment program for speculative building development,
with report of committee recommending passage, was taken up for
consideration.
Metcalf of Polk offered amendment H-3891, filed by her as
follows:
H-3891
 1     Amend Senate File 60, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5     "Section 1.  Section 12.32, Code 1995, is amended
 6   to read as follows:
 7     12.32  DEFINITIONS.
 8     As used in this division, unless the context
 9   otherwise requires:
10     1.  "Eligible borrower" means any person who is in
11   the business or is entering the business of producing,
12   processing, or marketing horticultural crops or
13   nontraditional crops in this state or any person in
14   this state who is qualified to participate in one of
15   the programs in this division.
16     2.  "Eligible lending institution" means a
17   financial institution that is empowered to make
18   commercial loans, and is eligible pursuant to chapter
19   12C to be a depository of state funds, and agrees to
20   participate in the linked investments for tomorrow
21   program.
22     3.  "Linked investment" means a certificate of
23   deposit placed pursuant to this division by the
24   treasurer of state with an eligible lending
25   institution, at an interest rate not more than three
26   two percent below current market rates on the
27   condition that the institution agrees to lend the
28   value of the deposit, according to the investment
29   agreement provided in section 12.37 12.35, to an
30   eligible borrower at a rate not to exceed four percent
31   above the rate paid on the certificate of deposit.
32     Sec. ___.  Section 12.34, Code 1995, is amended to
33   read as follows:
34     12.34  LINKED INVESTMENTS -- LIMITATIONS.
35     1.  The treasurer of state may invest up to ten
36   percent of the balance of the state pooled money fund
37   average balance of the pooled money investment fund
38   for the previous fiscal year in certificates of
39   deposit in eligible lending institutions pursuant to
40   this division.
41     2.  Certificates of deposit placed by the treasurer
42   on or after July 1, 1995, pursuant to this division
43   may be renewed at the option of the treasurer but the
44   length of time from the beginning of the initial
45   certificate of deposit for a given borrower until the
46   maturity of the final renewal shall not exceed six
47   years.
48     3.  A preference shall be given to those persons
49   who are less able than other persons to secure funds
50   without participation in the linked investment

Page 2  

 1   program.
 2     2. 4.  The treasurer shall adopt rules pursuant to
 3   chapter 17A to implement this division including, but
 4   not limited to, rules identifying horticultural crops
 5   and nontraditional crops for which the linked
 6   investments may be loaned.
 7     Sec. ___.  Section 12.35, Code 1995, is amended to
 8   read as follows:
 9     12.35  APPLICATION.
10     1.  An eligible lending institution that desires to
11   receive a linked investment shall enter into an
12   agreement with the treasurer of state, which shall
13   include requirements necessary to carry out this
14   division.
15     1. 2.  An eligible lending institution that
desires
16   to receive a linked investment shall accept and review
17   applications for loans from eligible borrowers.  The
18   lending institution shall apply all usual lending
19   standards to determine the credit worthiness of each
20   eligible borrower and shall determine whether the
21   applicant is an eligible borrower.  Loan
applications
22   shall be for the purchase or lease of land, machinery,
23   equipment, seed, fertilizer, direct marketing
24   facilities, or new or expanding processing facilities
25   for horticultural crops or nontraditional crops.  The
26   maximum size of a loan is two hundred thousand dollars
27   per borrower for a production loan and five hundred
28   thousand dollars for processing or marketing
29   facilities.
30     2. 3.  The eligible financial institution shall
31   forward to the state treasurer of state a linked
32   investment loan package in the form and manner as
33   prescribed by the treasurer of state.  The package
34   shall include information required by the treasurer of
35   state, including but not limited to the amount of the
36   loan requested and the purpose of the loan.  The
37   institution shall certify that the applicant is an
38   eligible borrower and shall certify the present
39   borrowing rate applicable to the specific eligible
40   borrower.
41     Sec. ___.  Section 12.36, Code 1995, is amended to
42   read as follows:
43     12.36  ACTIONS BY TREASURER -- AGREEMENT.
44     1.  The treasurer of state shall accept or reject a
45   linked investment loan package or any portion of the
46   package based on the type or terms of the loan
47   involved, the availability of state funds, or the
48   compliance of the eligible borrower or eligible
49   lending institution.
50     2.  Upon acceptance of the linked investment loan

Page 3

 1   package or any portion of the package, the treasurer
 2   of state shall place certificates of deposit with the
 3   eligible lending institution at a rate not more than
 4   three two percent below the current market rate.
 5   After July 1, 1992, the The treasurer of state shall
 6   not place a certificate of deposit with an eligible
 7   lending institution pursuant to this division, unless
 8   the certificate of deposit earns a rate of interest of
 9   at least two percent.  When necessary, the treasurer
10   may place certificates of deposit prior to acceptance
11   of a linked investment loan package.  Certificates
of
12   deposits placed by the treasurer of state shall mature
13   in three hundred sixty-five days or less.  Interest
14   earned on the certificate of deposit and principal not
15   renewed shall be remitted to the treasurer of state at
16   the time the certificate of deposit matures.
17   Certificates of deposit placed pursuant to this
18   division are not subject to a penalty for early
19   withdrawal.
20     3.  The eligible lending institution shall enter
21   into an investment agreement with the treasurer of
22   state, which shall include requirements necessary to
23   carry out this division.  The requirements shall
24   reflect the market conditions prevailing in the
25   eligible lending institution's lending area.  The
26   agreement may include a specification of the period of
27   time in which the lending institution is to lend funds
28   upon the placement of a linked investment, and shall
29   include provisions for the certificates of deposit to
30   be placed for one-year maturities that may be renewed
31   for eight additional one-year periods.  Interest shall
32   be paid at the times determined by the treasurer of
33   state.
34     Sec. ___.  Section 12.38, Code 1995, is amended to
35   read as follows:
36     12.38  REPORTS.
37     By February 1 of each year, the treasurer of state
38   shall report on the linked investments for tomorrow
39   program, the rural small business transfer linked
40   investment loan program, the targeted small business
41   linked investments program, and the main street linked
42   investments loan program programs for the preceding
43   calendar year to the governor, the department of
44   economic development, the speaker of the house of
45   representatives, and the president of the senate.  The
46   speaker of the house shall transmit copies of this
47   report to the house co-chair of the the joint economic
48   development appropriations subcommittee and the chairs
49   of the standing committees in the house which
50   customarily consider legislation regarding agriculture

Page 4

 1   and commerce, and the president of the senate shall
 2   transmit copies of this report to the senate co-chair
 3   of the joint economic development appropriations
 4   subcommittee and the chairs of the standing committees
 5   in the senate which customarily consider legislation
 6   regarding agriculture and commerce.  The report shall
 7   set forth the linked investments made by the treasurer
 8   of state under the program during the year, the date
 9   of the investments, the total amount deposited, the
10   number of deposits, and an estimate of foregone
11   interest, the borrowing rate applicable to each
12   borrower, and shall include information regarding the
13   nature, terms, and amounts of the loans upon which the
14   linked investments were based and the eligible
15   borrowers to which the loans were made.
16     Sec. ___.  Section 12.40, Code 1995, is amended to
17   read as follows:
18     12.40  RURAL SMALL BUSINESS TRANSFER LINKED
19   INVESTMENT LOAN PROGRAM.
20     The treasurer of state shall adopt rules consistent
21   with this division to implement a rural small business
22   transfer linked investment loan program to maintain
23   and expand existing employment opportunities and the
24   provision of retail goods in small rural communities
25   by assisting in the transfer of ownership of retail-
26   oriented businesses which, in the absence of
27   sufficient financial assistance, may close.  The rules
28   shall be in accordance with the following:
29     1.  As used in this section, "rural small business"
30   means an existing rural small business, for which
31   local competition does not exist in the principal
32   realm of business activity of that business, and the
33   loss of which will work a hardship on the rural
34   community.  A rural small business may include a
35   grocery store, drug store, gasoline station,
36   convenience store, hardware business, or farm supply
37   store.  A rural small business does not include a new
38   business.
39     2.  The treasurer of state shall adopt rules
40   consistent with this division to implement a rural
41   small business transfer linked investment loan program
42   to further the following purposes:
43     a.  To promote the business prosperity and economic
44   welfare of Iowa through promoting the prosperity and
45   economic welfare of rural Iowa.
46     b.  To maintain and expand existing employment
47   opportunities and the provision of retail goods on a
48   local level in small rural communities by assisting in
49   the transfer of ownership of retail-oriented
50   businesses where, in the absence of sufficient

Page 5

 1   financial assistance, the businesses may close.
 2     3. 2.  Upon the placement of linked investment
 3   moneys with an eligible lending institution, the
 4   institution is required to lend money to a person
 5   pursuant to rules adopted by the treasurer of state
 6   for the transfer of a rural small business.  The In
 7   order to qualify as an eligible borrower, the rural
 8   small business must be located in a city with a
 9   population of five thousand or less.  A city located
10   in a county with a population in excess of three
11   hundred thousand, if the city is contiguous to another
12   city in the county and that other city is contiguous
13   to the largest city in that county, shall be
14   considered as having a population in excess of five
15   thousand ineligible to qualify as a borrower.
16     4. 3.  The In order to qualify as an
eligible
17   borrower, the transfer of the rural small business
18   must be by purchase, lease-purchase, or contract of
19   sale.  The purchase must be for a portion of the
20   business which is essential to its continued
21   viability, including real estate where the business is
22   located, fixtures attached to the real estate,
23   equipment relied upon by the business, and inventory
24   for sale by the business.
25     5.  The eligible lending institution shall apply
26   all usual lending standards to determine the
27   creditworthiness of each eligible borrower.  The
28   lending institution shall forward to the treasurer of
29   state all information or any certification relating to
30   the loan required and in a manner prescribed by this
31   division and rules which shall be adopted by the
32   treasurer of state.
33     6. 4.  A In order to qualify as an
eligible
34   borrower, a borrower and the seller of the rural small
35   business shall not be within the third degree of
36   consanguinity or affinity.
37     5.  Loan proceeds shall not be used to refinance
38   existing debt, including credit card debt.  However,
39   proceeds may be used to refinance a short-term bridge
40   loan made in anticipation of the treasurer's approval
41   of the linked investment loan package.
42     7. 6.  The maximum loan amount that a borrower may
43   receive under this program shall not be more than be
44   fifty thousand dollars.
45     8. Not more than one-third of the amount of the
46   percentage authorized in section 12.34 may be used for
47   purposes of supporting this program and the main
48   street linked investment loan program under section
49   12.51.
50     Sec. ___.  NEW SECTION.  12.41  HORTICULTURAL AND

Page 6

 1   NONTRADITIONAL CROPS LINKED INVESTMENT LOAN PROGRAM.
 2     The treasurer of state shall adopt rules to
 3   implement a horticultural and nontraditional crops
 4   linked investment loan program to provide statewide
 5   availability of lower cost funds for lending that will
 6   stimulate existing or encourage new businesses in the
 7   areas of producing, processing, or marketing
 8   horticultural or nontraditional crops.  The rules
 9   shall be in accordance with the following:
10     1.  In order to qualify as an eligible borrower,
11   the loan application shall be for the purchase or
12   lease of land, machinery, equipment, or the purchase
13   of other inputs used in the business of producing,
14   processing, or marketing horticultural or
15   nontraditional crops as defined by the treasurer.
16     2.  Loan proceeds shall not be used to refinance
17   existing debt, including credit card debt.  However,
18   proceeds may be used to refinance a short-term bridge
19   loan made in anticipation of the treasurer's approval
20   of the linked investment loan package.
21     3.  The maximum loan amount that an eligible
22   borrower may receive under this program is one hundred
23   thousand dollars.
24     Sec. ___.  Section 12.43, Code 1995, is amended to
25   read as follows:
26     12.43  TARGETED SMALL BUSINESS LINKED INVESTMENTS
27   LOAN PROGRAM CREATED -- DEFINITIONS.
28     The treasurer of state shall adopt rules to
29   implement a targeted small business linked investments
30   investment loan program to increase the availability
31   of lower cost funds to inject needed capital into
32   small businesses owned and operated by women or
33   minorities, which is the public policy of the state.
34   The rules shall be in accordance with the following:
35     1.  "Targeted small business" means a business as
36   defined in section 15.102, subsection 5.
37     2.  A linked investment shall only be approved in
38   connection with a loan application for a In order to
39   qualify as an eligible borrower, the targeted small
40   business which has been must be certified pursuant
to
41   section 10A.104, subsection 8.
42     3.  In order to qualify as an eligible borrower,
43   the net worth of the targeted small business shall not
44   exceed four hundred thousand dollars.
45     3. 4.  Loan applications for a targeted small
46   business shall be for business expenses, including,
47   but not limited to, the purchase of land, machinery,
48   equipment, or licenses, or patent, trademark, or
49   copyright fees and expenses.
50     5.  Loan proceeds shall not be used to refinance

Page 7

 1   existing debt, including credit card debt.  However,
 2   proceeds may be used to refinance a short-term bridge
 3   loan made in anticipation of the treasurer's approval
 4   of the linked investment loan package.
 5     4. 6.  The maximum size of a targeted small
 6   business loan is two hundred fifty thousand dollars
 7   per borrower."
 8     2.  Page 1, by inserting after line 25 the
 9   following:
10     "Sec. ___.  Sections 12.33, 12.51, and 12.52, Code
11   1995, are repealed."
12     3.  Title page, line 1, by inserting after the
13   word "to" the following:  "the linked investments for
14   tomorrow Act, including who may be an eligible
15   borrower, limitation on the amount which may be
16   invested by the treasurer of state, program criteria
17   under the Act and".
18     4.  By renumbering as necessary.
Metcalf of Polk offered the following amendment H-3900, to
amendment H-3891, filed by her and moved its adoption:
H-3900
 1     Amend the amendment, H-3891, to Senate File 60, as
 2   passed by the Senate, as follows:
 3     1.  Page 7, by inserting after line 7 the
 4   following:
 5     "5. 7.  A preference shall be given to those
 6   persons who are less able than other persons to secure
 7   funds for a targeted small business without
 8   participation in the targeted small business linked
 9   investment program.""
Amendment H-3900 was adopted.
On motion by Metcalf of Polk, the amendment H-3891, as amended,
was adopted. 
Lord of Dallas 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. 60)
The ayes were, 98:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Brunkhorst
Burnett        	Carroll        	Cataldo        	Churchill
Cohoon         	Connors        	Coon           	Cormack
Cornelius      	Daggett        	Dinkla         	Disney
Doderer        	Drake          	Drees          	Eddie
Ertl           	Fallon         	Garman         	Gipp
Greig          	Greiner        	Gries          	Grubbs
Grundberg      	Hahn           	Halvorson      	Hammitt
Hanson         	Harper         	Harrison       	Heaton
Holveck        	Houser         	Hurley         	Huseman
Jacobs         	Jochum         	Klemme         	Koenigs
Kreiman        	Kremer         	Lamberti       	Larkin
Larson         	Lord           	Main           	Martin
Mascher        	May            	McCoy          	Mertz
Metcalf        	Meyer          	Millage        	Moreland
Mundie         	Murphy         	Myers          	Nelson, B.
Nelson, L.       	Nutt           	O'Brien        	Ollie
Rants          	Renken         	Running        	Salton
Schrader       	Schulte        	Shoultz        	Siegrist
Sukup          	Teig           	Thomson        	Tyrrell
Van Fossen     	Vande Hoef     	Veenstra       	Warnstadt
Weidman        	Weigel         	Welter         	Wise
Witt           	Van Maanen,
	  Presiding
The nays were, none.
Absent or not voting, 2:
Brammer               	Corbett, Spkr.
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
Senate File 87, a bill for an act relating to nonsubstantive
Code corrections, and providing effective and applicability date
provisions, with report of committee recommending amendment and
passage, was taken up for consideration.
Dinkla of Guthrie offered the following amendment H-3659 filed
by the committee on judiciary and moved its adoption:
H-3659
 1     Amend Senate File 87, as amended, passed, and
 2   reprinted, by the Senate, as follows:
 3     1.  By striking page 4, line 2, through page 5,
 4   line 18.
 5     2.  Page 11, line 32, by striking the words ", and
 6   the permit" and inserting the following:  ", and the
 7   permit".
 8     3.  Page 11, by striking line 33 and inserting the
 9   following:  "requires the vehicle to operate only on
10   the those highways designated highway".
11     4.  Page 11, line 34, by inserting after the word
12   "system" the following:  "by the department".
13     5.  By renumbering as necessary.
The committee amendment H-3659 was adopted.
Dinkla of Guthrie 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. 87)
The ayes were, 97:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Brunkhorst
Burnett        	Carroll        	Cataldo        	Churchill
Cohoon         	Connors        	Coon           	Cormack
Cornelius      	Daggett        	Dinkla         	Disney
Doderer        	Drake          	Drees          	Eddie
Ertl           	Fallon         	Garman         	Gipp
Greig          	Greiner        	Gries          	Grundberg
Hahn           	Halvorson      	Hammitt        	Hanson
Harper         	Harrison       	Heaton         	Holveck
Houser         	Hurley         	Huseman        	Jacobs
Jochum         	Klemme         	Koenigs        	Kreiman
Kremer         	Lamberti       	Larkin         	Larson
Lord           	Main           	Martin         	Mascher
May            	McCoy          	Mertz          	Metcalf
Meyer          	Millage        	Moreland       	Mundie
Murphy         	Myers          	Nelson, B.      	Nelson, L.
Nutt           	O'Brien        	Ollie          	Rants
Renken         	Running        	Salton         	Schrader
Schulte        	Shoultz        	Siegrist       	Sukup
Teig           	Thomson        	Tyrrell        	Van Fossen
Vande Hoef     	Veenstra       	Warnstadt      	Weidman
Weigel         	Welter         	Wise           	Witt
Van Maanen,
  Presiding
 The nays were, none.
Absent or not voting, 3:
Brammer               	Corbett, Spkr.	Grubbs
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 66, a bill for an act relating to cruelty to police
service dogs and providing for enhanced penalties, with report
of committee recommending amendment and passage, was taken up
for consideration.
Greiner of Washington offered the following amendment H-3786
filed by the committee on judiciary and moved its adoption:
H-3786
 1     Amend Senate File 66, as passed by the Senate as
 2   follows:
 3     1.  Page 1, line 1, by striking the figures and
 4   word "1 and 2" and inserting the following:  "1, 2,
 5   and 3".
 6     2.  Page 1, by inserting after line 20 the
 7   following:
 8     "3.  As used in this section, "police service dog"
 9   means a dog used by a peace officer or correctional
10   officer in the performance of the officer's duties,
11   whether or not the dog is on duty."
The committee amendment H-3786 was adopted.
Greiner of Washington 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. 66)
The ayes were, 96:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Brunkhorst
Burnett        	Carroll        	Cataldo        	Churchill
Cohoon         	Connors        	Coon           	Cormack
Cornelius      	Daggett        	Dinkla         	Disney 
Drake          	Drees          	Eddie          	Ertl
Fallon         	Garman         	Gipp           	Greig
Greiner        	Gries          	Grubbs         	Grundberg
Hahn           	Hammitt        	Hanson         	Harper
Harrison       	Heaton         	Holveck        	Houser
Hurley         	Huseman        	Jacobs         	Jochum
Klemme         	Koenigs        	Kreiman        	Kremer
Lamberti       	Larkin         	Larson         	Lord 
Main           	Martin         	Mascher        	May
McCoy          	Mertz          	Metcalf        	Meyer
Millage        	Moreland       	Mundie         	Murphy
Myers          	Nelson, B.      	Nelson, L.       	Nutt 
O'Brien        	Ollie          	Rants          	Renken 
Running        	Salton         	Schrader       	Schulte
Shoultz        	Siegrist       	Sukup          	Teig
Thomson        	Tyrrell        	Van Fossen     	Vande Hoef
Veenstra       	Warnstadt      	Weidman        	Weigel
Welter         	Wise           	Witt           	Van Maanen,
			   Presiding

The nays were, 1:
Doderer
Absent or not voting, 3:
Brammer               	Corbett, Spkr.	Halvorson
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate: 
Senate Files 60, 66 and 87.
Unfinished Business Calendar
The House resumed consideration of Senate File 416, a bill for
an act relating to structured fines, establishing a civil
penalty and surcharge, providing for the distribution of fines,
and establishing effective and repeal dates, previously deferred
and placed on the unfinished business calendar.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 416 be deferred and that the bill retain its
place on the unfinished business calendar.
Regular Calendar
Senate File 79, a bill for an act relating to the transfer of
dogs to educational and scientific institutions by pounds, with
report of committee recommending passage, was taken up for
consideration.
Brand of Benton offered amendment H-3927 filed by him as follows:
H-3927
 1     Amend Senate File 79, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5     "Section 1.  NEW SECTION.  162.21  RABIES
 6   VACCINATIONS -- CERTIFICATION BY THE DEPARTMENT.
 7     The department shall adopt rules to provide that a
 8   commercial breeder or commercial kennel shall be
 9   certified to provide rabies vaccinations, upon
10   conditions and terms required by the department."
11     2.  Title page, line 1, by inserting before the
12   words "the transfer" the following:  "dogs and cats
13   kept in facilities, and providing for".
Bernau of Story rose on a point of order that amendment H-3927
was not germane.
The Speaker ruled the point well taken and amendment H-3927 not
germane.
Burnett 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. 79)
The ayes were, 94:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brunkhorst     	Burnett
Carroll        	Cataldo        	Churchill      	Cohoon
Connors        	Coon           	Cormack        	Cornelius
Daggett        	Dinkla         	Disney         	Doderer
Drake          	Drees          	Eddie          	Ertl
Fallon         	Garman         	Gipp           	Greig
Greiner        	Gries          	Grubbs         	Grundberg
Hahn           	Hammitt        	Hanson         	Harper
Harrison       	Holveck        	Houser         	Huseman
Jacobs         	Jochum         	Klemme         	Koenigs
Kreiman        	Kremer         	Lamberti       	Larkin
Larson         	Lord           	Main           	Martin
Mascher        	May            	McCoy          	Mertz
Metcalf        	Meyer          	Millage        	Moreland
Mundie         	Murphy         	Myers          	Nelson, B.
Nelson, L.       	Nutt           	O'Brien        	Ollie
Rants          	Renken         	Running        	Salton
Schrader       	Schulte        	Shoultz        	Siegrist
Sukup          	Teig           	Thomson        	Tyrrell
Van Fossen     	Vande Hoef     	Veenstra       	Warnstadt
Weidman        	Weigel         	Welter         	Wise
Witt           	Van Maanen,
	   Presiding

The nays were, 2:
Brauns         	Hurley
Absent or not voting, 4:
Brammer               	Corbett, Spkr.	Halvorson      	Heaton
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 226, a bill for an act relating to the disposition
of valueless mobile homes, modular homes, and manufactured
homes, with report of committee recommending passage, was taken
up for consideration.
Disney of Polk offered amendment H-3915 filed by him as follows:
H-3915
 1     Amend Senate File 226, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, lines 19 and 20, by striking the words
 4   and figures "or the home has been abandoned as defined
 5   in section 562B.27".
 6     2.  Page 2, lines 1 and 2, by striking the words
 7   and figures "a judgment of abandonment pursuant to
 8   chapter 555B or".
Disney of Polk offered the following amendment H-3929, to
amendment H-3915, filed by him from the floor and moved its
adoption:
H-3929
 1     Amend the amendment, H-3915, to Senate File 226, as
 2   amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  Page 1, by striking lines 3 through 8 and
 5   inserting the following:
 6     "   .  Page 1, by striking lines 17 through 20 and
 7   inserting the following:
 8     "a.  The home has been abandoned as defined in
 9   section 562B.27, subsection 1, and the home has not
10   been removed after the right to possession of the
11   underlying real estate has been terminated pursuant to
12   chapter 648."
13        .  Page 2, lines 1 and 2, by striking the words
14   and figure "a judgment of abandonment pursuant to
15   chapter 555B or" and inserting the following:  "a
16   determination of abandonment in accordance with
17   section 562B.27, subsection 1, and"."
18     2.  By renumbering as necessary.
Roll call was requested by Fallon of Polk and McCoy of Polk.
On the question "Shall amendment H-3929, to amendment H-3915, be
adopted?"     (S.F. 226)
The ayes were, 76:
Arnold         	Bell           	Blodgett       	Boddicker
Boggess        	Bradley        	Brand          	Branstad
Brauns         	Brunkhorst     	Carroll        	Cataldo
Cohoon         	Coon           	Cormack        	Cornelius 
Daggett        	Dinkla         	Disney         	Drake
Drees          	Eddie          	Ertl           	Garman
Gipp           	Greig          	Greiner        	Gries
Grubbs         	Hahn           	Halvorson	Hammitt 
Hanson         	Harper         	Harrison       	Heaton 
Houser         	Hurley         	Huseman        	Jacobs 
Klemme         	Koenigs        	Kremer         	Lamberti 
Larkin         	Larson         	Lord           	Main 
May            	Metcalf        	Meyer          	Millage 
Moreland       	Mundie         	Murphy         	Myers 
Nelson, B.      	Nelson, L.	Nutt           	Rants  
Renken         	Running        	Salton         	Schulte 
Shoultz        	Siegrist       	Sukup          	Teig
Thomson        	Tyrrell        	Van Fossen     	Vande Hoef 
Veenstra       	Weidman        	Welter	Van Maanen, 
			   Presiding  
The nays were, 17:
Bernau         	Burnett        	Connors        	Doderer 
Fallon         	Holveck        	Jochum         	Kreiman 
Mascher        	McCoy          	O'Brien        	Ollie
Schrader       	Warnstadt      	Weigel         	Wise
Witt           	
Absent or not voting, 7:
Baker          	Brammer  	Churchill	Corbett, Spkr.
Grundberg      	Martin         	Mertz 

Amendment H-3929 was adopted.
On motion by Disney of Polk, amendment H-3915, as amended, was
adopted.
On motion by Holveck of Polk,  the following amendment H-3930
filed by him from the floor, was adopted by unanimous consent:
H-3930
1        Amend Senate File 226, as amended, passed, and
2   reprinted by the Senate, as follows:
3        1. Page 2, line 21, by striking the word "actual".
Disney of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 226)
The ayes were, 80:
Arnold         	Bell           	Blodgett       	Boddicker 
Boggess        	Bradley	Brand          	Branstad
Brauns         	Brunkhorst     	Burnett        	Carroll
Cataldo        	Churchill 	Cohoon         	Connors
Coon           	Cormack        	Cornelius      	Daggett 
Dinkla         	Disney         	Drake          	Eddie
Ertl           	Garman         	Gipp           	Greig
Greiner        	Gries          	Grubbs         	Hahn 
Halvorson      	Hammitt        	Hanson         	Harper 
Harrison       	Heaton	Houser         	Hurley 
Huseman        	Jacobs         	Jochum         	Klemme
Koenigs        	Kremer         	Lamberti       	Larkin
Larson 	Lord           	Main           	Martin
Mascher        	May            	Metcalf        	Meyer 
Millage        	Mundie         	Myers          	Nelson, B.
Nelson, L.       	Nutt           	Rants	Renken 
Salton         	Schulte        	Siegrist       	Sukup
Teig           	Thomson        	Tyrrell        	Van Fossen
Vande Hoef     	Veenstra       	Warnstadt      	Weidman
Welter         	Wise           	Witt	Van Maanen,
			   Presiding      

The nays were, 15:
Baker          	Bernau         	Doderer        	Drees  
Fallon         	Holveck        	Kreiman        	McCoy 
Moreland       	O'Brien        	Ollie	Running 
Schrader       	Shoultz        	Weigel         	
Absent or not voting, 5:
Brammer 	Corbett, Spkr.	Grundberg	Mertz
Murphy
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate: 
Senate Files 79 and 226.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Mertz of Kossuth, on request of Schrader of Marion.
Senate File 439, a bill for an act relating to making false
reports to law enforcement agencies, making spurious calls to
emergency 911 communications centers, or providing false
information on citations and establishing penalties and
providing a conditional effective date, with report of committee
recommending amendment and passage, was taken up for
consideration.
Kremer of Buchanan offered the following amendment H-3788 filed
by the committee on judiciary and moved its adoption:
H-3788
 1     Amend Senate File 439, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, by striking lines 13 through 16 and
 4   inserting the following:
 5     "2.  A person who telephones an emergency 911
 6   communications".
 7     2.  Page 1, line 20, by inserting after the word
 8   "who" the following:  "knowingly".
 9     3.  Page 1, line 20, by inserting after the word
10   "information" the following:  "to a law enforcement
11   officer who enters the information".
The committee amendment H-3788 was adopted.
Kremer of Buchanan 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. 439)
The ayes were, 92:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Brunkhorst
Burnett        	Carroll        	Cataldo        	Churchill
Cohoon         	Connors        	Coon           	Cormack
Cornelius      	Daggett        	Dinkla         	Disney
Drees          	Eddie          	Ertl           	Garman
Gipp           	Greig          	Greiner        	Gries
Grubbs         	Grundberg      	Hahn           	Halvorson
Hammitt        	Hanson         	Harper         	Harrison
Heaton         	Holveck        	Houser         	Hurley
Huseman        	Jacobs         	Jochum         	Klemme
Koenigs        	Kreiman        	Kremer         	Lamberti
Larkin         	Larson         	Lord           	Main
Martin         	Mascher        	May            	McCoy 
Metcalf        	Meyer          	Millage        	Moreland
Murphy         	Myers          	Nelson, B.      	Nelson, L.
Nutt           	O'Brien        	Ollie          	Rants
Renken         	Running        	Salton         	Schrader
Schulte        	Shoultz        	Siegrist       	Sukup
Teig           	Thomson        	Tyrrell        	Van Fossen
Vande Hoef     	Veenstra       	Warnstadt      	Weidman
Weigel         	Welter         	Witt           	Van Maanen,
			  Presiding

The nays were, 2:
Doderer        	Fallon         	
Absent or not voting, 6:
Brammer               	Corbett, Spkr.	Drake          	Mertz     
    	Mundie         	Wise
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 189, a bill for an act relating to the transfer of
real estate by exempting certain transfers of real estate from
the real estate transfer tax and providing that a lien for a
purchase money mortgage has priority over other interests in the
property, with report of committee recommending passage, was
taken up for consideration.
Moreland of Wapello offered the following amendment H-3908 filed
by him and moved its adoption:
H-3908
 1     Amend Senate File 189, as passed by the Senate, as
 2   follows:
 3     1.  By striking page 1, line 30, through page 2,
 4   line 14.
 5     2.  Title page, by striking lines 3 and 4 and
 6   inserting the following:  "tax."
Amendment H-3908 was adopted.
Nutt of Woodbury 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. 189)
The ayes were, 95:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Brunkhorst 
Burnett        	Carroll        	Cataldo        	Cohoon
Connors        	Coon           	Cormack        	Cornelius
Daggett        	Dinkla         	Disney         	Doderer
Drake          	Drees          	Eddie          	Ertl
Fallon         	Garman         	Gipp           	Greig
Greiner        	Gries          	Grubbs         	Grundberg
Hahn           	Halvorson      	Hammitt        	Hanson
Harper         	Harrison       	Heaton         	Holveck
Houser         	Hurley         	Huseman        	Jacobs
Jochum         	Klemme         	Koenigs        	Kreiman
Kremer         	Lamberti       	Larkin         	Larson
Lord           	Main           	Martin         	Mascher 
May            	McCoy          	Metcalf        	Meyer
Millage        	Moreland       	Mundie         	Murphy
Myers          	Nelson, B.      	Nelson, L.       	Nutt 
O'Brien        	Ollie          	Rants          	Renken
Running        	Salton         	Schrader       	Schulte
Shoultz        	Siegrist       	Sukup          	Teig
Thomson        	Tyrrell        	Van Fossen     	Vande Hoef
Veenstra       	Warnstadt      	Weidman        	Weigel
Welter         	Witt           	Van Maanen,
		 Presiding

The nays were, none.
Absent or not voting, 5:
Brammer        	Churchill             	Corbett, Spkr.	Mertz     
    	Wise
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
Senate File 402, a bill for an act relating to brands registered
by the department of agriculture and land stewardship and
providing for penalties, with report of committee recommending
passage, was taken up for consideration.
Drees of Carroll 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. 402)
The ayes were, 95:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Brunkhorst
Burnett        	Carroll        	Cataldo        	Churchill
Cohoon         	Connors        	Coon           	Cormack
Cornelius      	Daggett        	Dinkla         	Disney
Drake          	Drees          	Eddie          	Ertl
Fallon         	Garman         	Gipp           	Greig
Greiner        	Gries          	Grubbs         	Grundberg
Hahn           	Halvorson      	Hammitt        	Hanson
Harper         	Harrison       	Heaton         	Holveck
Houser         	Hurley         	Huseman        	Jacobs
Jochum         	Klemme         	Koenigs        	Kreiman
Kremer         	Lamberti       	Larkin         	Larson 
Lord           	Main           	Martin         	Mascher
May            	McCoy          	Metcalf        	Meyer
Millage        	Moreland       	Mundie         	Murphy
Myers          	Nelson, L.       	Nutt           	O'Brien
Ollie          	Rants          	Renken         	Running
Salton         	Schrader       	Schulte        	Shoultz
Siegrist       	Sukup          	Teig           	Thomson 
Tyrrell        	Van Fossen     	Vande Hoef     	Veenstra
Warnstadt      	Weidman        	Weigel         	Welter
Wise           	Witt           	Van Maanen,
		   Presiding

The nays were, none.
Absent or not voting, 5:
Brammer               	Corbett, Spkr.	Doderer        	Mertz
Nelson, B.
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.

IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate: 
Senate Files 189, 402 and 439.
Senate File 164, a bill for an act relating to the meetings of
the commission on the status of African-Americans, with report
of committee recommending passage, was taken up for
consideration.
Thomson of Linn 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. 164)
The ayes were, 93:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley 
Brand          	Branstad       	Brunkhorst     	Burnett 
Carroll        	Cataldo               	Churchill      	Cohoon
Connors        	Coon           	Cormack        	Cornelius
Daggett        	Dinkla         	Disney         	Doderer
Drake          	Drees          	Eddie          	Ertl
Fallon         	Garman         	Gipp           	Greig
Greiner        	Gries          	Grubbs         	Grundberg
Halvorson      	Hammitt        	Hanson         	Harper
Heaton         	Holveck        	Houser         	Hurley
Huseman        	Jacobs         	Jochum         	Klemme
Koenigs        	Kreiman        	Kremer         	Lamberti 
Larkin         	Larson         	Lord           	Main
Martin         	Mascher        	May            	McCoy
Metcalf        	Meyer          	Millage        	Moreland
Mundie         	Murphy         	Myers          	Nelson, B.
Nelson, L.       	Nutt           	O'Brien        	Ollie
Rants          	Renken         	Running        	Salton
Schrader       	Schulte        	Shoultz        	Siegrist
Sukup          	Teig           	Thomson        	Tyrrell 
Van Fossen     	Vande Hoef     	Warnstadt      	Weidman
Weigel         	Welter         	Wise           	Witt
Van Maanen,
  Presiding
 The nays were, none.
Absent or not voting, 7:
Brammer        	Brauns         	Corbett, Spkr.	Hahn
Harrison       	Mertz          	Veenstra
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 229, a bill for an act eliminating certain
requirements regarding the purchase of coal by public agencies,
with report of committee recommending passage, was taken up for
consideration.
Arnold of Lucas 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. 229)
The ayes were, 91:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boggess        	Bradley        	Brand
Branstad       	Brunkhorst     	Burnett        	Carroll
Cataldo        	Churchill      	Cohoon         	Connors
Cormack        	Cornelius      	Daggett        	Dinkla 
Disney         	Doderer        	Drake          	Drees
Eddie          	Ertl           	Garman         	Gipp
Greig          	Greiner        	Gries          	Grubbs
Grundberg      	Hahn           	Halvorson      	Hammitt 
Hanson         	Harper         	Harrison       	Heaton
Houser         	Hurley         	Huseman        	Jacobs
Jochum         	Klemme         	Koenigs        	Kremer
Lamberti       	Larkin         	Larson         	Lord
Main           	Martin         	Mascher        	May 
McCoy          	Metcalf        	Meyer          	Millage
Moreland       	Mundie         	Murphy         	Myers
Nelson, B.      	Nelson, L.       	Nutt           	O'Brien
Ollie          	Rants          	Renken         	Running
Salton         	Schrader       	Schulte        	Shoultz
Siegrist       	Sukup          	Teig           	Thomson
Tyrrell        	Van Fossen     	Vande Hoef     	Veenstra
Warnstadt      	Weidman        	Weigel         	Welter
Wise           	Witt           	Van Maanen,
		  Presiding

The nays were, 2:
Fallon         	Kreiman        	
Absent or not voting, 7:
Boddicker      	Brammer        	Brauns         	Coon
Corbett, Spkr.	Holveck        	Mertz
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 206, a bill for an act striking Code language that
conflicts with federal work-study program requirements and
language relating to unfunded programs administered by the
college student aid commission, and repealing from the Code
certain unfunded programs administered by the college student
aid commission, with report of committee recommending passage,
was taken up for consideration.
Grubbs 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. 206)
The ayes were, 94:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Brunkhorst 
Burnett        	Carroll        	Cataldo               	Churchill
Cohoon         	Connors        	Coon           	Cormack
Cornelius      	Daggett        	Dinkla         	Disney
Drake          	Drees          	Eddie          	Ertl
Fallon         	Garman         	Gipp           	Greig
Greiner        	Gries          	Grubbs         	Grundberg
Hahn           	Halvorson      	Hammitt        	Hanson
Harper         	Harrison       	Heaton         	Holveck
Houser         	Hurley         	Huseman        	Jacobs
Jochum         	Klemme         	Koenigs        	Kreiman
Kremer         	Lamberti       	Larkin         	Larson
Lord           	Main           	Martin         	Mascher
May            	McCoy          	Metcalf        	Meyer
Millage        	Moreland       	Mundie         	Murphy
Myers          	Nelson, B.      	Nelson, L.       	Nutt 
O'Brien        	Ollie          	Rants          	Renken
Running        	Salton         	Schrader       	Schulte
Shoultz        	Siegrist       	Sukup          	Teig
Thomson        	Tyrrell        	Van Fossen     	Veenstra
Warnstadt      	Weidman        	Welter         	Wise
Witt           	Van Maanen,
	  Presiding

The nays were, 2:
Doderer	Weigel
Absent or not voting, 4:
Brammer        	Corbett, Spkr.	Mertz          	Vande Hoef
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate: 
Senate Files 164, 206 and 229.
Unfinished Business Calendar
The House resumed consideration of Senate File 423, a bill for
an act relating to delayed deposit services businesses and
providing penalties, previously deferred and placed on the
unfinished business calendar.
Metcalf of Polk offered the following amendment H-3709 filed by
her and moved its adoption:
H-3709
 1     Amend Senate File 423, as passed by the Senate, as
 2   follows:
 3     1.  Page 6, by inserting after line 15 the
 4   following:
 5     "   .  The annual percentage rate on the first
 6   hundred dollars on the face amount of the check which
 7   the fee represents, and the annual percentage rate on
 8   subsequent one hundred dollar increments which the fee
 9   represents, if different."
10     2.  Page 6, line 20, by inserting after the word
11   "upon." the following:  "A penalty to be charged
12   pursuant to this section shall only be collected by
13   the licensee once on a check no matter how long the
14   check remains unpaid.  A penalty to be charged
15   pursuant to this section is a licensee's exclusive
16   remedy and if a licensee charges a penalty pursuant to
17   this section no other penalties under this chapter or
18   any other provision apply."
19     3.  Page 9, line 32, by inserting after the word
20   "LICENSE" the following: "-- INJUNCTION".
21     4.  Page 10, line 2, by inserting after the word
22   "misdemeanor." the following:  "In addition to the
23   criminal penalty provided for in this section, the
24   superintendent may also commence an action to enjoin
25   the operation of the business."
26     5.  By relettering as necessary.
Amendment H-3709 was adopted.
Metcalf of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (423)
The ayes were, 84:
Arnold         	Bell           	Bernau         	Blodgett
Boddicker      	Boggess        	Bradley        	Brand
Branstad       	Brauns         	Brunkhorst     	Burnett
Carroll        	Cataldo        	Churchill      	Cohoon
Connors               	Coon           	Cormack        	Cornelius
Daggett        	Dinkla         	Disney         	Drake
Eddie          	Ertl           	Garman         	Gipp
Greig          	Greiner        	Gries          	Grubbs
Grundberg      	Hahn           	Halvorson      	Hammitt
Hanson         	Harrison       	Heaton         	Houser
Hurley         	Huseman        	Jacobs         	Jochum
Klemme         	Koenigs        	Kreiman        	Kremer
Lamberti       	Larkin         	Larson         	Lord
Main           	Martin         	Mascher        	May 
Metcalf        	Meyer          	Millage        	Moreland
Mundie         	Murphy         	Myers          	Nelson, B.
Nelson, L.       	Nutt           	O'Brien        	Rants
Renken         	Salton         	Shoultz        	Siegrist
Sukup          	Teig           	Thomson        	Tyrrell
Van Fossen     	Vande Hoef     	Warnstadt      	Weidman
Weigel         	Wise           	Witt           	Van Maanen,
			  Presiding
The nays were, 13:
Baker          	Doderer        	Drees          	Fallon        
	Harper         	Holveck        	McCoy          	Ollie         
	Running        	Schrader       	Schulte        	Veenstra      
	Welter         	
Absent or not voting, 3:
Brammer        	Corbett, Spkr.	Mertz
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.

Regular Calendar
Senate File 433, a bill for an act relating to the family
investment program and related human services programs by
requiring the department of human services to apply for a
federal waiver regarding limited benefit plans and providing
applicability provisions, with report of committee recommending
amendment and passage, was taken up for consideration.
Boddicker of Cedar offered the following amendment H-3813 filed
by the committee on human resources:
H-3813
 1     Amend Senate File 433, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5     "Section 1.  Section 237A.1, subsection 8,
 6   paragraph b, Code 1995, is amended to read as follows:
 7     b.  "Group day care home" means a facility
 8   providing child day care for more than six but less
 9   than twelve children, or for less than sixteen
10   children at any one time as authorized in accordance
11   with section 237A.3, subsection 3, provided each child
12   in excess of six children is attending school in
13   kindergarten or a higher grade level or the facility
14   complies with the requirements of section 237A.3,
15   subsection 2A.
16     Sec. ___.  Section 237A.3, Code 1995, is amended by
17   adding the following new subsection:
18     NEW SUBSECTION.  2A.  A registered group day care
19   home may provide care for more than six children who
20   are not attending school in kindergarten or a higher
21   grade level if the home has at least two adults
22   providing care when such children are present."
23     2.  Page 1, line 20, by inserting after the word
24   "section." the following:  "However, implementation of
25   the additional waiver requests to change the food
26   stamp and medical assistance programs is subject to
27   enactment of legislative approval of the changes."
28     3.  Page 3, by striking lines 13 and 14 and
29   inserting the following:  "applies.
30     c.  If the family investment program eligible group
31   includes a minor parent living with the minor parent's
32   adult parent who receives family investment program
33   benefits and both the minor parent and the adult
34   parent are responsible for developing a family
35   investment agreement, each parent is responsible for a
36   separate family investment agreement, and the limited
37   benefit plan shall be applied as follows:"
38     4.  By striking page 8, line 35, through page 9,
39   line 19.
40     5.  Title page, line 2, by inserting after the
41   word "by" the following:  "revising certain group day
42   care home requirements and".
43     6.  By renumbering, relettering, or redesignating
44   and correcting internal references as necessary.
The committee amendment H-3813 was adopted.
Fallon of Polk offered amendment H-3849 filed by him as follows:
H-3849
 1     Amend Senate File 433 as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by inserting before line 1, the
 4   following:
 5     "Section 1.  NEW SECTION.  730.6  CHILD CARE --
 6   BASIS FOR DISCHARGE -- POSTPONEMENT.
 7     An employer shall not use as a basis for discharge
 8   of an employee, the inability of an employee to
 9   provide child care for the employee's child if the
10   lack of child care results in the employee's inability
11   to work for a period of three consecutive working
12   days.  A person who violates this section is guilty of
13   a simple misdemeanor."
14     2.  Title page, by striking line 2 and inserting
15   the following:  "family improvement provisions
16   including child care-related provisions and including
17   a requirement that the department of human".
18     3.  Title page, line 3, by striking the word "to".
19     4.  By renumbering as necessary.
Fallon of Polk offered the following amendment H-3870, to
amendment H-3849 filed by him and moved its adoption:
H-3870
 1     Amend the amendment, H-3849, to Senate File 433 as
 2   amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  Page 1, line 12, by inserting after the word
 5   "days" the following:  "and if the absences are
 6   limited to no more than two instances in a calendar
 7   year".
Amendment H-3870 was adopted.
Fallon of Polk moved the adoption of amendment H-3849, as
amended.
Boddicker of Cedar rose on a point of order that amendment
H-3849, as amended,  was not germane.
The Speaker ruled the point well taken and amendment H-3849 not
germane.
Boddicker of Cedar asked and received unanimous consent that
Senate File 433 be deferred and retain its place on the calendar.

Senate File 443, a bill for an act to prohibit assaults upon
peace officers, basic emergency medical care providers, advanced
emergency medical care providers, and fire fighters by providing
penalties and enhancing penalties for resisting or obstructing
peace officers, basic emergency medical care providers, advanced
emergency medical care providers, and fire fighters who are
performing their duties, with report of committee recommending
passage, was taken up for consideration.
Kremer of Buchanan 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. 443)
The ayes were, 92:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Brunkhorst
Burnett        	Carroll        	Cataldo        	Cohoon
Connors        	Coon           	Cormack        	Cornelius
Daggett        	Dinkla         	Disney         	Doderer
Drake          	Drees          	Eddie          	Ertl
Fallon         	Garman         	Gipp           	Greig
Greiner        	Gries          	Grubbs         	Grundberg
Hahn           	Halvorson      	Hammitt        	Hanson
Harper         	Harrison       	Heaton         	Holveck
Houser         	Huseman        	Jacobs         	Jochum
Klemme         	Koenigs        	Kreiman        	Kremer
Lamberti       	Larkin         	Larson         	Lord 
Main           	Martin         	Mascher        	May           
	McCoy          	Metcalf        	Meyer          	Millage
Moreland       	Mundie         	Nelson, B.      	Nelson, L.
Nutt           	O'Brien        	Ollie          	Rants
Renken         	Running        	Salton         	Schrader
Schulte        	Shoultz        	Siegrist       	Sukup
Teig           	Thomson        	Tyrrell        	Van Fossen
Vande Hoef     	Warnstadt      	Weidman        	Weigel
Welter         	Wise           	Witt           	Van Maanen,
			  Presiding     	
The nays were, none.
Absent or not voting, 8:
Brammer        	Churchill             	Corbett, Spkr.	Hurley 
Mertz          	Murphy         	Myers          	Veenstra
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.

IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate: 
Senate Files 423 and 443.
Senate File 437, a bill for an act relating to the entitlement
to benefits and dividends under the Iowa public employees'
retirement system, with report of committee recommending
amendment and passage, was taken up for consideration.
Gipp of Winneshiek offered the following amendment H-3766 filed
by the committee on state government and moved its adoption:
H-3766
 1     Amend Senate File 437, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 2, line 3, by striking the word "July"
 4   and inserting the following:  "January".
 5     2.  Page 4, line 20, by striking the word "July"
 6   and inserting the following:  "January".
 7     3.  Page 5, by inserting after line 8 the
 8   following:
 9     "Sec. ___.  EFFECTIVE AND RETROACTIVE APPLICABILITY
10   DATES.  This Act, being deemed of immediate
11   importance, takes effect upon enactment and applies
12   retroactively to January 1, 1995."
13     4.  Title page, line 2, by inserting after the
14   word "system" the following:  ", and providing
15   effective and retroactive applicability date
16   provisions".
The committee amendment H-3766 was adopted.
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?" (S.F. 437)
The ayes were, 93:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Burnett
Carroll        	Cataldo        	Churchill      	Cohoon
Connors        	Coon           	Cormack        	Cornelius
Daggett        	Dinkla         	Disney         	Doderer
Drake          	Eddie          	Ertl           	Fallon
Garman         	Gipp           	Greig          	Greiner
Gries          	Grubbs         	Grundberg      	Hahn
Halvorson      	Hammitt        	Hanson         	Harper
Harrison       	Heaton         	Holveck        	Houser
Hurley         	Huseman        	Jacobs         	Jochum
Klemme         	Koenigs        	Kreiman        	Kremer
Lamberti       	Larkin         	Larson         	Lord
Main           	Martin         	Mascher        	May
McCoy          	Metcalf        	Meyer          	Millage
Moreland       	Mundie         	Murphy         	Nelson, B.
Nelson, L.       	Nutt           	O'Brien        	Ollie
Rants          	Renken         	Running        	Salton
Schrader       	Schulte        	Siegrist       	Sukup
Teig           	Thomson        	Tyrrell        	Van Fossen
Vande Hoef     	Veenstra       	Warnstadt      	Weidman
Weigel         	Welter         	Wise           	Witt
Van Maanen,
  Presiding    	           	

The nays were, none.
Absent or not voting, 7:
Brammer        	Brunkhorst            	Corbett, Spkr.	Drees
Mertz          	Myers          	Shoultz
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
Senate File 386, a bill for an act relating to restitution in
certain traffic offenses which are simple misdemeanors, with
report of committee recommending passage, was taken up for
consideration.
Harrison 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. 386)
The ayes were, 89:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley 
Brand          	Branstad       	Brauns         	Burnett
Carroll        	Cataldo        	Churchill      	Cohoon
Connors        	Coon           	Cormack        	Cornelius
Daggett        	Dinkla         	Disney         	Doderer
Drake          	Drees          	Ertl           	Fallon
Garman         	Gipp           	Greiner        	Gries
Grubbs         	Grundberg      	Hahn           	Halvorson
Hammitt        	Hanson         	Harper         	Harrison
Heaton         	Holveck        	Houser         	Hurley
Huseman        	Jacobs         	Klemme         	Koenigs
Kreiman        	Kremer         	Lamberti       	Larkin
Larson         	Lord           	Main           	Martin
May            	McCoy          	Metcalf        	Meyer
Millage        	Mundie         	Murphy         	Nelson, B.
Nelson, L.       	Nutt           	O'Brien        	Ollie
Rants          	Renken         	Running        	Salton
Schrader       	Schulte        	Siegrist       	Sukup
Teig           	Thomson        	Tyrrell        	Van Fossen 
Vande Hoef     	Veenstra       	Warnstadt      	Weidman
Weigel         	Welter         	Wise           	Witt
Van Maanen,
  Presiding     	           	

The nays were, none.
Absent or not voting, 11:
Brammer        	Brunkhorst            	Corbett, Spkr.	Eddie
Greig          	Jochum         	Mascher        	Mertz
Moreland       	Myers          	Shoultz
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.

Senate File 400, a bill for an act providing for the
reincorporation of nonprofit corporations and providing for
retroactive applicability and effective dates, with report of
committee recommending passage, was taken up for consideration.
Ertl of Dubuque offered the following amendment H-3912 filed by
him and moved its adoption:
H-3912
 1     Amend Senate File 400, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, line 1, by striking the figure
 4   "504A.30A" and inserting the following:  "504A.64A".
 5     2.  Page 1, line 2, by striking the word "term"
 6   and inserting the following:  "period of duration".
 7     3.  Page 1, by inserting after line 19 the
 8   following:
 9     "Sec. ___.  Section 504A.100, subsection 13, Code
10   1995, is amended to read as follows:
11     13.  Corporations existing under chapter 504 shall
12   be subject to this chapter on July 1, 1990, except
13   that the corporations shall be subject to sections
14   504A.8 and 504A.83 on January 1, 1995 1997.  A
15   corporate existence of a corporation that is not in
16   compliance on the records of the secretary of state
17   with sections 504A.8 and 504A.83 on June 30, 1995
18   1997, is terminated, effective July 1, 1995
1997.  A
19   corporation whose existence is terminated pursuant to
20   this subsection may be reinstated.  When the
21   reinstatement is effective, it relates back to and
22   takes effect as of the effective date of the
23   termination of its corporate existence as if such
24   termination had never occurred.  The secretary of
25   state shall adopt rules governing the reinstatement of
26   a corporation pursuant to this subsection."
27     4.  Page 1, line 20, by striking the figure
28   "504A.30A" and inserting the following:  "504A.64A".
29     5.  Page 1, line 22, by striking the word "This"
30   and inserting the following:  "Section 1 of this".
Amendment H-3912 was adopted.
Ertl of Dubuque 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. 400)
The ayes were, 94:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley 
Brand          	Branstad       	Brauns         	Brunkhorst
Burnett        	Carroll        	Cataldo        	Churchill
Cohoon         	Connors        	Coon           	Cormack
Cornelius      	Dinkla         	Disney         	Doderer
Drees          	Eddie          	Ertl           	Fallon
Garman         	Gipp           	Greig          	Greiner
Gries          	Grubbs         	Grundberg      	Hahn 
Halvorson      	Hammitt        	Hanson         	Harper
Harrison       	Heaton         	Holveck        	Houser
Hurley         	Huseman        	Jacobs         	Jochum
Klemme         	Koenigs        	Kreiman        	Kremer
Lamberti       	Larkin         	Larson         	Lord
Main           	Martin         	Mascher        	May
McCoy          	Metcalf        	Meyer          	Millage
Moreland       	Mundie         	Murphy         	Nelson, B.
Nelson, L.       	Nutt           	O'Brien        	Ollie
Rants          	Renken         	Running        	Salton
Schrader       	Schulte        	Shoultz        	Siegrist 
Sukup          	Teig           	Thomson        	Tyrrell
Van Fossen     	Vande Hoef     	Veenstra       	Warnstadt
Weidman        	Weigel         	Welter         	Wise
Witt           	Van Maanen,
	  Presiding     	

The nays were, none.
Absent or not voting, 6:
Brammer               	Corbett, Spkr.	Daggett        	Drake
Mertz          	Myers
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.

IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate: 
Senate Files 386, 400 and 437.
Senate File 409, a bill for an act relating to the activities of
clerks of the district court, and providing additional court
fees, with report of committee recommending amendment and
passage, was taken up for consideration.
Nutt of Woodbury offered the following amendment H-3820 filed by
the committee on judiciary and moved its adoption:
H-3820
 1     Amend Senate File 409, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by inserting after line 13 the
 4   following:
 5     "Sec. ___.  Section 582.4, Code 1995, is amended to
 6   read as follows:
 7     582.4  LIEN BOOK -- FEES.
 8     Every clerk of the district court shall, at the
 9   expense of the county, provide a suitable well-bound
10   book to be called the hospital lien docket in which,
11   upon the filing of any lien claim under the provisions
12   of this chapter, the clerk shall enter the name of the
13   injured person, the date of the accident, and the name
14   of the hospital or other institution making the claim.
15   Said The clerk shall make a proper index of the same
16   in the name of the injured person and such the clerk
17   shall collect a fee of two ten dollars for filing
each
18   lien claim."
19     2.  By renumbering as necessary.
The committee amendment H-3820 was adopted.
Nutt of Woodbury 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. 409)
The ayes were, 95:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Brunkhorst
Burnett        	Carroll        	Cataldo        	Churchill
Cohoon         	Connors        	Coon           	Cormack
Cornelius      	Daggett        	Dinkla         	Disney
Doderer        	Drake          	Drees          	Eddie
Ertl           	Fallon         	Garman         	Gipp
Greig          	Greiner        	Gries          	Grubbs
Grundberg      	Hahn           	Halvorson      	Hammitt 
Hanson         	Harper         	Harrison       	Heaton 
Holveck        	Houser         	Hurley         	Huseman
Jacobs         	Jochum         	Klemme         	Koenigs
Kreiman        	Kremer         	Lamberti       	Larkin
Larson         	Lord           	Main           	Martin
Mascher        	May            	McCoy          	Metcalf
Meyer          	Millage        	Moreland       	Mundie
Murphy         	Nelson, B.      	Nelson, L.       	Nutt
O'Brien        	Ollie          	Rants          	Renken
Running        	Salton         	Schrader       	Schulte
Shoultz        	Siegrist       	Sukup          	Teig
Thomson        	Tyrrell        	Van Fossen     	Vande Hoef
Warnstadt      	Weidman        	Weigel         	Welter
Wise           	Witt           	Van Maanen,
		  Presiding     	

The nays were, none.
Absent or not voting, 5:
Brammer               	Corbett, Spkr.	Mertz          	Myers     
    	Veenstra
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.

Siegrist of Pottawattamie in the chair at 12:40 p.m.
Unfinished Business Calendar
The House resumed consideration of Senate File 433, a bill for
an act relating to the family investment program and related
human services programs by requiring the department of human
services to apply for a federal waiver regarding limited benefit
plans and providing applicability provisions, previously
deferred and placed on the unfinished business calendar.
Boddicker of Cedar moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 433)
The ayes were, 96:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley
Brand          	Branstad       	Brauns         	Brunkhorst
Carroll        	Cataldo        	Churchill      	Cohoon
Connors        	Coon           	Cormack        	Cornelius
Daggett        	Dinkla         	Disney         	Doderer
Drake          	Drees          	Eddie          	Ertl
Fallon         	Garman         	Gipp           	Greig
Greiner        	Gries          	Grubbs         	Grundberg
Hahn           	Halvorson      	Hammitt        	Hanson
Harper         	Harrison       	Heaton         	Holveck
Houser         	Hurley         	Huseman        	Jacobs
Jochum         	Klemme         	Koenigs        	Kreiman
Kremer         	Lamberti       	Larkin         	Larson
Lord           	Main           	Martin         	Mascher
May            	McCoy          	Metcalf        	Meyer
Millage        	Moreland       	Mundie         	Murphy
Myers          	Nelson, B.      	Nelson, L.       	Nutt 
O'Brien        	Ollie          	Rants          	Renken
Running        	Salton         	Schrader       	Schulte
Shoultz        	Sukup          	Teig           	Thomson
Tyrrell        	Van Fossen     	Van Maanen     	Vande Hoef
Veenstra       	Warnstadt      	Weidman        	Weigel 
Welter         	Wise           	Witt           	Siegrist,
			  Presiding       	
The nays were, none.
Absent or not voting, 4:
Brammer        	Burnett               	Corbett, Spkr.	Mertz
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.

IMMEDIATE MESSAGES
Gipp of Winneshiek asked and received unanimous consent that the
following bills be immediately messaged to the Senate:  Senate
Files 409 and 433.
House File 562, a bill for an act to legalize the proceedings
taken by the board of supervisors and county auditor of Mahaska
county regarding the levy of a local option sales tax to finance
the construction and maintenance of a county jail and providing
an effective date, was taken up for consideration.
Lamberti of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 562)
The ayes were, 97:
Arnold         	Baker          	Bell           	Bernau
Blodgett       	Boddicker      	Boggess        	Bradley 
Brand          	Branstad       	Brauns         	Brunkhorst
Burnett        	Carroll        	Cataldo        	Churchill
Cohoon         	Connors        	Coon           	Cormack
Cornelius      	Daggett        	Dinkla         	Disney
Doderer        	Drake          	Drees          	Eddie
Ertl           	Fallon         	Garman         	Gipp
Greig          	Greiner        	Gries          	Grubbs
Grundberg      	Hahn           	Halvorson      	Hammitt
Hanson         	Harper         	Harrison       	Heaton
Holveck        	Houser         	Hurley         	Huseman
Jacobs         	Jochum         	Klemme         	Koenigs
Kreiman        	Kremer         	Lamberti       	Larkin
Larson         	Lord           	Main           	Martin
Mascher        	May            	McCoy          	Metcalf
Meyer          	Millage        	Moreland       	Mundie
Murphy         	Myers          	Nelson, B.      	Nelson, L.
Nutt           	O'Brien        	Ollie          	Rants
Renken         	Running        	Salton         	Schrader
Schulte        	Shoultz        	Sukup          	Teig
Thomson        	Tyrrell        	Van Fossen     	Van Maanen
Vande Hoef     	Veenstra       	Warnstadt      	Weidman 
Weigel         	Welter         	Wise           	Witt
Siegrist,
  Presiding       	           	

The nays were, none.
Absent or not voting, 3:

Brammer               	Corbett, Spkr.	Mertz
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.

IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 562 be immediately messaged to the Senate.
SPECIAL PRESENTATION
Eddie of Buena Vista presented to the House Dr. Peter T. Sabluk,
First Deputy Prime Minister for Agriculture and members of the
Ukraine Agribusiness Trade Delegation who are in Iowa to sign a
Memorandum of Understanding to cooperate in a new commercial
project between Iowa and Ukraine.
The House rose and expressed its welcome.
SENATE FILE 156 REFERRED
The Speaker announced that Senate File 156, presently on the
calendar, was referred to committee on ways and means.
 MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 11, 1995, amended and passed the
following bill in which the concurrence of the House is asked:
House File 471, a bill for an act relating to prison time served
by persons convicted of an aggravated misdemeanor or greater
offense, by providing for changes in the mandatory minimum terms
of sentences to be served, by permitting the imposition of up to
ninety days of the total sentence in a county jail in addition
to any terms of probation, and providing for a reduction in the
amount of good and honor time that may be earned by forcible
felons.
JOHN F. DWYER, Secretary


SENATE FILES PLACED ON
 UNFINISHED BUSINESS CALENDAR

Gipp of Winneshiek asked and received unanimous consent that the
following Senate Files be placed on the unfinished business
calendar:
Senate File 7	Senate File 204
Senate File 83	Senate File 205
Senate File 85	Senate File 208
Senate File 98	Senate File 225
Senate File 106	Senate File 228
Senate File 120	Senate File 239
Senate File 142	Senate File 284
Senate File 146	Senate File 286
Senate File 150	Senate File 292
Senate File 176	Senate File 293
Senate File 179	Senate File 311
Senate File 195	Senate File 315
Senate File 197	Senate File 346
Senate File 347	Senate File 398
Senate File 351	Senate File 407
Senate File 359	Senate File 422
Senate File 366	Senate File 428
Senate File 367	Senate File 431
Senate File 371	Senate File 432
Senate File 373	Senate File 438
Senate File 390	Senate File 454
Senate File 394	Senate File 457

EXPLANATIONS OF VOTE
      I was temporarily absent from the House chamber on April
13, 1995 . Had I been present, I would have voted "aye" on
Senate Files 164 and 229.
BRAUNS of Muscatine
I was necessarily absent from the House chamber on April 13,
1995. Had I been present, I would have voted "aye" on House File
562 and Senate Files 164, 189, 206, 226, 229, 386, 400, 402,
409, 423, 433, 439, 443 and 437.
MERTZ of Kossuth
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 13th day of April, 1995: House Files 115, 118, 161, 212,
238, 277, 337, 406, 425, 447, 456 and 475.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Students from Vinton/Shellsburg Home School Assistance Program,
accompanied by  Ed Dickerson and Parents. By Tyrrell of Iowa.
Ten National Honor Society students from NorthEast Hamilton High
School, Blairsburg, accompanied by Becky Nibe. By Teig of
Hamilton.
Fifty sixth grade students from Carter Lake Elementary School,
Carter Lake, accompanied by Jen Siglin and Kristi Promnitz. By
Nelson of Pottawattamie.
Fifty-one eleventh grade students from Colo Nesco High School,
Colo, accompanied by Jack Roberts, Instructor, and Steve Buhrow,
Principal. By Garman of Story.
COMMUNICATION RECEIVED
The following communication was received and filed in the office
of the Chief Clerk:
TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION
A report to evaluate and complete a cost benefit analysis
concerning the use of video conferencing by, the area education
agencies (AEAs), pursuant to Chapter 1184.25, 1994 Acts of the
Seventy-fifth General Assembly.
CERTIFICATES OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.
ELIZABETH A. ISAACSON
Chief Clerk of the House
1995\210	Doug Wordekemper, Storm Lake - For being named to the
Class 1A 1st All-State Basketball team.
1995\211	Ron Bryan, Storm Lake - For being named Iowa's Middle
School Prinicpal of the Year by the School Administrators of
Iowa.
1995\212	Julie Barnes, Grinnell - For her induction into the
National Honor Society.
1995\213	Heather Peak, Grinnell - For her induction into the
National Honor Society.
1995\214	Annette Ahrens, Grinnell - For her induction into the
National Honor Society.
1995\215	Melissa Barber, Grinnell - For her induction into the
National Honor Society.
1995\216	Katie Weeks, Grinnell - For her induction into the
National Honor Society.
1995\217	Ryan Hendrickson, Grinnell - For his induction into the
National Honor Society.
1995\218	Matt Loftin, Grinnell - For his induction into the
National Honor Society.
1995\219	Gunn Elementary School, Council Bluffs - For receiving
the FINE Foundation Recognition Award.
1995\220	Bill Bruck, LaMotte - For forty years of service to the
LaMotte Community Fire Department.
1995\221	Belmond-Klemme Elementary/Middle School, Belmond - for
receiving the FINE Foundation Recognition Award.
SUBCOMMITTEE ASSIGNMENT
House File 563
State Government: Disney, Chair; Gipp and Witt.
AMENDMENTS FILED
H-3928	H.F.	471	Senate amendment
H-3931	H.F.	41	Brauns of Muscatine
H-3932	H.F.	565	Boddicker of Cedar
H-3933	S.F.	266	Shoultz of Black Hawk
			Harper of Black Hawk
			Burnett of Story
			Jochum of Dubuque
H-3934	S.F.	266	Witt of Black Hawk
			Running of Linn
			Shoultz of Black Hawk
H-3935	S.F.	266	Coon of Warren
H-3936	S.F.	266	Grundberg of Polk
H-3937	S.F.	266	Shoultz of Black Hawk
	Brand of Benton		Jochum of Dubuque
	Burnett of Story		Harper of Black Hawk
	Mascher of Johnson
H-3938	S.F.	266	Shoultz of Black Hawk
	Kreiman of Davis		Jochum of Dubuque
	Harper of Black Hawk		Witt of Black Hawk
	Mascher of Johnson		Running of Linn
H-3939	S.F.	266	Shoultz of Black Hawk
	Burnett of Story		Jochum of Dubuque
	Harper of Black Hawk		Witt of Black Hawk
	Mascher of Johnson		Running of Linn
H-3940	S.F.	266	Bernau of Story
				Burnett of Story
				Running of Linn
				Shoultz of Black Hawk
H-3941	S.F.	358	Kreiman of Davis
H-3942	S.F.	454	Martin of Scott
H-3943	S.F.	266	Hurley of Fayette
On motion by Gipp of Winneshiek, the House adjourned at 12:50
p.m. until 1:00 p.m., Monday, April 17, 1995.
CORRECTION TO JOURNAL OF APRIL 12, 1995
Page 1531, H-3916 is the amendment being questioned on
germaneness and for which the rules were suspended.

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