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House Journal: Thursday, March 27, 1997

Seventy-fourth Calendar Day - Fiftieth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Thursday, March 27, 1997
The House met pursuant to adjournment at 9:25 a.m., Rants of
Woodbury in the chair.
Prayer was offered by Bishop Curt Miller of Western Iowa Synod,
Evangelical Lutheran Church of America, Storm Lake.
The Journal of Wednesday, March 26, 1997 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Gipp of Winneshiek for Thursday, March 27, and Monday, March 31,
1997, on request of Siegrist of Pottawattamie.
INTRODUCTION OF BILLS
House File 713, by committee on ways and means, a bill for
an act relating to and making property tax relief fund
appropriations and providing an effective date.
Read first time and referred to committee on appropriations.
House File 714, by committee on ways and means, a bill for
an act relating to hospitals and health care facilities,
including licensing and license fees, inspections and inspection
fees and fines.
Read first time and placed on the ways and means calendar.
House File 715, by committee on appropriations, a bill for
an act relating to appropriations for the department of human
services and the prevention of disabilities policy council and
including other provisions and appropriations involving human
services and health care, and providing for effective and
applicability dates.
Read first time and placed on the appropriations calendar.
House File 716, by committee on ways and means, a bill for
an act relating to the transportation of public and nonpublic
school students and other properly related matters.
Read first time and placed on the ways and means calendar.
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 March 26, 1997, passed the following bill in
which the concurrence of the House is asked:
Senate File 503, a bill for an act relating to criminal justice,
by providing for enhanced punishment for manufacturing
methamphetamine in the presence of minors, providing
restrictions on public nudity and actual or simulated public
performance of sex acts in certain establishments, making
changes related to escape and voluntary absence from custody or
a correctional facility, establishing the offense of promoting
or possessing contraband in prisons, jails, and juvenile
facilities, providing for abatement of nuisance created by
certain establishments which allow or permit public nudity or
actual or simulated public performances of sex acts in their
establishment, providing for hormonal intervention therapy for
persons convicted of certain sex offenses, imposing consecutive
sentences for escapes from or crimes committed while confined in
detention facilities or penal institutions, authorizing
probation supervision and revocation by administrative parole
and probation judges in the sixth judicial district, making
changes related to work programs for inmates and criminal
defendants, providing restitution for death of a victim of a
crime, and providing penalties and an effective date.
MARY PAT GUNDERSON, Secretary
SENATE MESSAGES CONSIDERED
Senate File 188, by committee on state government, a bill
for an act relating to the allocation of gambling receipts for
horse race purses.
Read first time and referred to committee on state government.
Senate File 442, by committee on judiciary, a bill for an
act relating to the designation of certain correctional
facilities.
Read first time and referred to committee on judiciary.
Senate File 451, by committee on agriculture, a bill for an
act relating to milk and milk products, providing for the
issuance of licenses and permits, fees, and providing penalties.
Read first time and referred to committee on agriculture.
Senate File 472, by committee on agriculture, a bill for an
act prohibiting a habitual violator or person charged with
violation from constructing or expanding an animal feeding
operation structure.
Read first time and referred to committee on agriculture.
On motion by Rants of Woodbury, the House was recessed at 9:30
a.m., until 10:15 a.m.
MORNING SESSION
The House reconvened at 10:20 a.m., Rants of Woodbury in the
chair.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Weigel of Chickasaw on request of Cataldo of Polk.

CONSIDERATION OF BILLS
Regular Calendar
House File 579, a bill for an act relating to the membership of
the medical assistance advisory council, was taken up for
consideration.
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?" (H.F. 579)
The ayes were, 96:
Arnold         	Barry          	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	Bradley       
	Brand          	Brauns         	Brunkhorst     	Bukta         
	Burnett        	Carroll        	Cataldo        	Chapman       
	Chiodo         	Churchill      	Cohoon         	Connors       
	Corbett, Spkr.	Cormack        	Doderer        	Dolecheck     
	Dotzler        	Drake          	Drees	Eddie         
	Falck	Fallon         	Foege          	Ford           	Frevert  
     	Garman         	Greig          	Greiner	Gries         
	Grundberg      	Hahn           	Hansen         	Heaton        
	Holmes         	Holveck        	Houser         	Huseman       
	Huser          	Jacobs         	Jenkins        	Jochum        
	Kinzer         	Klemme         	Koenigs        	Kreiman       
	Kremer         	Lamberti       	Larkin         	Larson	Lord    
      	Martin         	Mascher        	May            	Mertz    
     	Metcalf        	Meyer          	Millage        	Moreland  
    	Mundie         	Murphy         	Myers          	Nelson     
   	O'Brien        	Osterhaus         	Rayhons       
	Reynolds-Knight	Richardson     	Scherrman      	Schrader      
	Shoultz        	Siegrist       	Sukup          	Taylor        
	Teig           	Thomas         	Thomson        	Tyrrell       
	Van Fossen     	Van Maanen     	Vande Hoef     	Veenstra      
	Warnstadt      	Weidman        	Welter         	Whitead       
	Wise           	Witt           	Rants,
 			 Presiding
The nays were, none.
Absent or not voting, 4:

Dinkla         	Dix            	Gipp	Weigel
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 704, a bill for an act relating to substantive and
other provisions affecting the state department of
transportation and driver, motor vehicle, and highway
regulation, including the definition of road work zones,
providing grounds for refusing renewal of vehicle registrations,
regulation of intrastate motor carriers, imposing fees,
providing for an electronic titling and registration program,
creating, eliminating, or enhancing penalties, and providing
effective dates, was taken up for consideration.
May of Worth offered the following amendment H-1419 filed by him
and Welter of Jones and moved its adoption:

H-1419

 1     Amend House File 704 as follows:
 2     1.  Page 2, by inserting after line 34 the
 3   following:
 4     "Sec. 101.  Section 321.19, subsection 1,
 5   unnumbered paragraph 1, Code 1997, is amended to read
 6   as follows:
 7     1.  All vehicles owned or leased for a period of
 8   sixty days or more by the government and used in the
 9   transaction of official business by the
10   representatives of foreign governments or by officers,
11   boards, or departments of the government of the United
12   States, and by the state, counties, municipalities and
13   other political subdivisions of the state including
14   vehicles used by an urban transit company operated by
15   a municipality or a regional transit system, and self-
16   propelling vehicles used neither for the conveyance of
17   persons for hire, pleasure, or business nor for the
18   transportation of freight other than those used by an
19   urban transit company operated by a municipality or a
20   regional transit system, and all fire trucks,
21   providing they are not owned and operated for a
22   pecuniary profit, and authorized emergency vehicles
23   used only in disaster relief owned and operated by an
24   organization not operated for pecuniary profit, are
25   exempted from the payment of the fees imposed by this
26   chapter, except as provided for urban transit
27   companies in subsection 2, but are not exempt from the
28   penalties provided in this chapter."
29     2.  Page 26, line 26, by inserting after the word
30   "DATES." the following:
31     "1."
32     3.  Page 26, by inserting after line 28 the
33   following:
34     "2.  Section 101 of this Act, being deemed of
35   immediate importance, takes effect upon enactment."
36     4.  Title page, line 4, by inserting after the
37   word "zones," the following:  "registration fees for
38   certain disaster relief vehicles,".
39     5.  By renumbering as necessary.
Amendment H-1419 was adopted.
May of Worth offered the following amendment H-1418 filed by him
and Welter of Jones and moved its adoption:

H-1418

 1     Amend House File 704 as follows:
 2     1.  Page 7, by inserting after line 9 the
 3   following:
 4     "Sec. ___.  Section 321.115, Code 1997, is amended
 5   by adding the following new subsection:
 6     NEW SUBSECTION.  4.  Truck tractors and
 7   semitrailers used in combination for exhibition and
 8   educational purposes as described in subsection 1 may
 9   be registered, exhibited, and driven according to the
10   provisions of subsection 1.  Subsection 3 shall not
11   apply to vehicles registered in accordance with this
12   subsection."
13     2.  By renumbering as necessary.
Amendment H-1418 was adopted.
Welter of Jones offered the following amendment H-1412 filed by
him and moved its adoption:

H-1412

 1     Amend House File 704 as follows:
 2     1.  Page 11, by inserting after line 11 the
 3   following:
 4     "Sec. ___.  Section 321E.11, unnumbered paragraph
 5   1, Code 1997, is amended to read as follows:
 6     Movements by permit in accordance with this chapter
 7   shall be permitted only during the hours from thirty
 8   minutes prior to sunrise to thirty minutes following
 9   sunset unless the issuing authority determines that
10   the movement can be better accomplished at another
11   period of time because of traffic volume conditions or
12   the vehicle subject to the permit has an overall
13   length not to exceed one hundred feet, an overall
14   width not to exceed eleven feet, and an overall height
15   not to exceed fourteen feet, four inches, and the
16   permit requires the vehicle to operate only on those
17   highways designated by the department.  Additional
18   safety lighting and escorts may be required for
19   movement at night."
20     2.  By renumbering as necessary.
Amendment H-1412 was adopted.
Welter of Jones moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 704)
The ayes were, 93:
Arnold         	Barry          	Bell	Bernau         	Blodgett   
   	Boddicker      	Boggess        	Bradley	Brand         
	Brauns         	Brunkhorst     	Bukta          	Burnett       
	Carroll        	Cataldo        	Chapman        	Chiodo        
	Cohoon         	Connors        	Corbett, Spkr.   	Cormack      
 	Dinkla         	Doderer        	Dolecheck      	Dotzler       
	Drake          	Drees          	Eddie          	Falck         
	Fallon         	Foege          	Ford           	Garman        
	Greig          	Greiner        	Gries          	Grundberg     
	Hahn           	Hansen         	Heaton         	Holmes        
	Holveck        	Houser         	Huseman        	Huser         
	Jacobs         	Jenkins        	Jochum         	Kinzer        
	Klemme         	Koenigs        	Kreiman        	Kremer        
	Lamberti	Larkin         	Larson	Martin         	Mascher       
	May            	Mertz          	Metcalf        	Meyer         
	Millage        	Moreland       	Mundie         	Murphy	Myers   
      	Nelson         	O'Brien        	Osterhaus              
	Rayhons        	Reynolds-Knight	Richardson     	Scherrman     
	Schrader       	Shoultz        	Siegrist       	Sukup         
	Taylor         	Teig           	Thomas         	Thomson       
	Tyrrell        	Van Fossen     	Van Maanen     	Veenstra      
	Warnstadt      	Weidman        	Welter         	Whitead       
	Wise           	Witt           	Rants,
  Presiding

The nays were, none.

Absent or not voting, 7:

Churchill      	Dix            	Frevert        	Gipp          
	Lord           	Vande Hoef     	Weigel         	
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
House File 684, a bill for an act relating to county regulation
of road rights-of-way, was taken up for consideration.
Carroll of Poweshiek 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. 684)
The ayes were, 96:
Arnold         	Barry          	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	Bradley       
	Brand	Brauns         	Brunkhorst     	Bukta          	Burnett  
     	Carroll        	Cataldo        	Chapman        	Chiodo    
    	Churchill      	Cohoon         	Connors        	Corbett,
Spkr.	Cormack        	Dinkla         	Doderer        	Dolecheck 
    	Dotzler        	Drake          	Drees          	Eddie      
   	Falck          	Fallon         	Foege          	Ford	Frevert
       	Greig          	Greiner        	Gries         
	Grundberg      	Hahn           	Hansen         	Heaton        
	Holmes         	Holveck        	Houser         	Huseman       
	Huser          	Jacobs         	Jenkins        	Jochum        
	Kinzer         	Klemme         	Koenigs        	Kreiman       
	Kremer         	Lamberti       	Larkin         	Larson	Lord    
      	Martin         	Mascher        	May            	Mertz    
     	Metcalf        	Meyer          	Millage        	Moreland  
    	Mundie         	Murphy	Myers          	Nelson        
	O'Brien        	Osterhaus         	Rayhons       
	Reynolds-Knight	Richardson     	Scherrman      	Schrader      
	Shoultz        	Siegrist       	Sukup          	Taylor        
	Teig           	Thomas         	Thomson        	Tyrrell       
	Van Fossen     	Van Maanen     	Vande Hoef     	Veenstra      
	Warnstadt      	Weidman        	Welter         	Whitead       
	Wise	Witt           	Rants,   				Presiding

The nays were, 1:

Garman         	

Absent or not voting, 3:

Dix            	Gipp           	Weigel
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:
House Files 579, 704 and 684.
House File 580, a bill for an act relating to pari-mutuel racing
and excursion boat gambling, by striking limits on
administrative fines 
and outdated loan provisions, by providing for the
administration of lasix to race horses, by specifying the age
for gambling at racetrack enclosures, by providing for other
properly related matters, and by subjecting violators to a
penalty, was taken up for consideration.
Hansen of Pottawattamie offered the following amendment H-1442
filed by him and moved its adoption:

H-1442

 1     Amend House File 580 as follows:
 2     1.  Page 1, by striking lines 5 through 12.
 3     2.  Page 1, by striking lines 16 through 18 and
 4   inserting the following:  "make or attempt to make a
 5   pari-mutuel wager.  Except for an employee of a
 6   licensee, a person under twenty-one years of age shall
 7   not enter or attempt to enter an area of a racetrack
 8   where pari-mutuel wagering is being conducted.  A
 9   person violating this subsection is guilty of a simple
10   misdemeanor which is punishable by a fine of not less
11   than one hundred dollars."
12     3.  Page 1, by inserting before line 19 the
13   following:
14     "Sec. ___.  Section 99D.11, Code 1997, is amended
15   by adding the following new subsection:
16     NEW SUBSECTION.  8.  A licensee shall not allow a
17   person who is under twenty-one years of age within the
18   area of a racetrack where pari-mutuel wagering is
19   being conducted.  However, a licensee may employ a
20   person who is eighteen years of age or older to work
21   in an area of a racetrack where pari-mutuel wagering
22   is being conducted."
23     4.  Page 2, line 32, by inserting after the word
24   "not" the following:  "attempt to make or".
25     5.  Page 2, line 34, by inserting after the word
26   "not" the following:  "enter, attempt to enter, or".
27     6.  Page 3, by striking lines 4 and 5 and
28   inserting the following:  "which is punishable by a
29   fine of not less than one hundred dollars."
30     7.  Page 3, by inserting before line 6 the
31   following:
32     "Sec. ___.  Section 5 of this Act, being deemed of
33   immediate importance, takes effect upon enactment."
34     8.  Title page, line 6, by inserting after the
35   word "matters," the following:  "by providing an
36   effective date,".
Amendment H-1442 was adopted, placing out of order amendment
H-1340, filed by Hansen of Pottawattamie on March 25, 1997.
Fallon of Polk offered amendment H-1297 filed by him as follows:

H-1297

 1     Amend House File 580 as follows:
 2     1.  Page 1, by inserting after line 18 the
 3   following:
 4     "Sec. ___.  Section 99D.11, Code 1997, is amended
 5   by adding the following new subsection:
 6     NEW SUBSECTION.  8.  A licensee shall not permit
 7   the operation of a satellite terminal as defined in
 8   section 527.2 to dispense cash or credit for gambling
 9   purposes within a pari-mutuel racetrack enclosure or
10   at other facilities and parking areas controlled by
11   the licensee."
12     2.  Page 3, by inserting after line 5 the
13   following:
14     "Sec. ___.  Section 99F.9, Code 1997, is amended by
15   adding the following new subsection:
16     NEW SUBSECTION.  7.  A licensee shall not permit
17   the operation of a satellite terminal as defined in
18   section 527.2 to dispense cash or credit for gambling
19   purposes on an excursion gambling boat or at other
20   facilities and parking areas controlled by the
21   licensee."
22     3.  Title page, line 5, by inserting after the
23   word "enclosures," the following:  "by prohibiting the
24   dispensing of moneys for gambling from satellite
25   banking terminals,".
Hansen of Pottowattamie rose on a point of order that amendment
H-1297 was not germane.
The Speaker ruled the point well taken and amendment H-1297 not
germane.
Fallon of Polk moved to suspend the rules to consider amendment
H-1297.
A non-record roll call was requested.
The ayes were 53, nays 28.
The motion prevailed and the rules were suspended.
Siegrist of Pottawattamie asked and received unanimous consent
that House File 580 be deferred and that the bill be placed on
the unfinished business calendar.  (Amendment H-1297 pending.)
House File 448, a bill for an act providing for the
establishment of a lien by licensed professionals against
damages collected by an injured patient, was taken up for
consideration.
Millage of Scott offered amendment H-1153 filed by him and
requested division as follows:

H-1153

 1     Amend House File 448 as follows:

H-1153A

 2     1.  Page 1, line 12, by inserting after the word
 3   "part" the following:  ", subject to any allocation of
 4   fault,".

H-1153B

 5     2.  Page 1, line 17, by inserting after the word
 6   "charges" the following:  ", as determined by the
 7   court if the amount of the recovery or sum is
 8   determined by judgment,".

H-1153C

 9     3.  Page 1, line 21, by inserting after the word
10   "damages;" the following:  "provided that in addition
11   to the limitation to the reasonable and necessary
12   charges, the lien is further limited by a reduction
13   for the pro-rata share of the patient's, or the
14   patient's heirs' or personal representatives' costs
15   and attorney fees;".
Millage of Scott offered the following amendment H-1440, to
amendment H-1153A, filed by him and moved its adoption:

H-1440

 1     Amend the amendment, H-1153, to House File 448 as
 2   follows:
 3     1.  Page 1, line 3, by striking the words "subject
 4   to" and inserting the following:  "remaining after".
Amendment H-1440 was adopted.
Millage of Scott moved the adoption of amendment H-1153A, as
amended.
A non-record roll call was requested.
The ayes were 38, nays 50.
Amendment H-1153A lost.
Millage of Scott asked and received unanimous consent that
amendment H-1153B be deferred.
Millage of Scott asked and received unanimous consent that
amendment H-1153C be deferred.
Millage of Scott offered the following amendment H-1386 filed by
him and moved its adoption:

H-1386

 1     Amend House File 448 as follows:
 2     1.  Page 1, line 29, by inserting after the word
 3   "state." the following:  "Statutory rights for liens
 4   under this chapter shall not exceed the amount of that
 5   portion of the judgment or verdict specifically
 6   related to such losses, as demonstrated by the
 7   itemization of the judgment or verdict, and the
 8   hospital or licensed professional shall be responsible
 9   for a pro rata share of the legal and administrative
10   expenses incurred in obtaining the judgment or
11   verdict.  If a claim subject to a lien under this
12   chapter is resolved by settlement, the lienholder
13   shall be entitled to a hearing to determine whether
14   the settlement was reasonable and what portion of the
15   settlement specifically related to the loss giving
16   rise to the lien."
Roll call was requested by Huser of Polk and Witt of Black Hawk.
On the question "Shall amendment H-1386 be adopted?" (H.F. 448)
Rule 75 was invoked.
The ayes were, 47:
Bell           	Bernau         	Blodgett       	Brand         
	Brauns         	Bukta          	Burnett        	Cataldo       
	Chapman        	Cohoon         	Doderer        	Dolecheck     
	Dotzler        	Drees          	Fallon         	Foege         
	Ford           	Greiner        	Heaton         	Holveck       
	Huser          	Jochum         	Kinzer         	Koenigs       
	Kreiman        	Larkin         	Mascher        	May           
	Meyer          	Millage        	Moreland       	Mundie        
	Murphy         	Myers          	Osterhaus     
	Reynolds-Knight	Richardson     	Scherrman      	Schrader      
	Shoultz        	Thomas         	Tyrrell        	Veenstra      
	Warnstadt      	Whitead        	Wise           	Witt           	

The nays were, 47:
Arnold         	Barry          	Boddicker      	Bradley       
	Brunkhorst     	Carroll        	Chiodo         	Churchill     
	Corbett, Spkr.        	Cormack        	Dinkla         	Dix     
      	Drake          	Eddie          	Falck          	Frevert  
     	Greig          	Gries          	Grundberg      	Hahn      
Hansen         	Holmes         	Houser         	Huseman       
	Jacobs         	Jenkins        	Klemme         	Kremer        
	Lamberti       	Larson         	Lord           	Martin        
	Mertz          	Metcalf        	Nelson                 
	Rayhons        	Siegrist       	Sukup          	Taylor        
	Teig           	Thomson        	Van Fossen     	Van Maanen    
	Vande Hoef     	Weidman        	Welter         	Rants,
	 		 Presiding
Absent or not voting, 6:
Boggess        	Connors        	Garman         	Gipp          
	O'Brien        	Weigel         	
Amendment H-1386 lost.
Huser of Polk offered amendment H-1388 filed by her as follows:

H-1388

 1     Amend House File 448 as follows:
 2     1.  Page 1, line 34, by inserting after the figure
 3   "151." the following:  "For the purposes of this
 4   chapter, "reasonable and necessary charges of the
 5   hospital or licensed professional for treatment, care,
 6   and maintenance of the patient" means charges which
 7   are limited to the minimum amount that the hospital or
 8   licensed professional would accept for payment for the
 9   treatment, care, and maintenance of the patient under
10   any governmental reimbursement program or managed care
11   program including any health maintenance organization
12   or preferred provider organization, in which the
13   hospital or licensed professional participates in at
14   the time the lien is asserted."
Huser of Polk offered the following amendment H-1450, to
amendment H-1388, filed by her from the floor and moved its
adoption:

H-1450

 1     Amend the amendment, H-1388 to House File 448 as
 2   follows:
 3     1.  Page 1, by striking lines 2 through 14, and
 4   inserting the following:
 5     "   .  Page 1, line 34, by inserting after the
 6   figure "151." the following:  "For the purposes of
 7   this chapter, "reasonable and necessary charges of the
 8   hospital or licensed professional for treatment, care,
 9   and maintenance of the patient" means charges which
10   are limited to the reimbursement that the hospital or
11   licensed professional would receive for payment for
12   the treatment, care, and maintenance of the patient
13   under the governmental reimbursement program or
14   managed care program including a health maintenance
15   organization or preferred provider organization
16   providing coverage to that individual patient and in
17   which the hospital or licensed professional
18   participates at the time the lien is asserted."
19     2.  By renumbering as necessary.
Amendment H-1450, to amendment H-1388, was adopted.
Huser of Polk moved the adoption of amendment H-1388, as amended.
Amendment H-1388 lost.
Larson of Linn offered the following amendment H-1213 filed by
him and moved its adoption:

H-1213

 1     Amend House File 448 as follows:
 2     1.  Page 2, by striking lines 11 and 12, and
 3   inserting the following:  "which such the hospital
is
 4   located or in which the principal office of the
 5   licensed professional is located, if applicable, prior
 6   to the payment of".
 7     2.  Page 2, line 23, by inserting after the word
 8   "hospital" the following:  "or the licensed
 9   professional, as applicable".
Amendment H-1213 was adopted.

Moreland of Wapello offered amendment H-1387 filed by him as
follows:

H-1387

 1     Amend House File 448 as follows:
 2     1.  Page 3, by inserting after line 29 the
 3   following:
 4     "Sec. ___.  NEW SECTION.  582.5  SATISFACTION OF
 5   LIEN - PENALTY.
 6     When the amount due under a lien established by
 7   this chapter is paid off, or satisfied in full, the
 8   hospital or licensed professional entitled to the
 9   proceeds thereof, or those acting for the hospital or
10   licensed professional, must knowledge satisfaction of
11   the lien upon the record of the lien, or by the
12   execution of an instrument referring to the lien, duly
13   acknowledged and filed in the office of the clerk in
14   every county where the lien is recorded.  A failure to
15   do so within thirty days after having been requested
16   in writing shall subject the delinquent hospital or
17   licensed professional to a penalty of one hundred
18   dollars plus reasonable attorney fees incurred by the
19   party aggrieved, to be recovered in an action for the
20   satisfaction or acknowledgment by the party
21   aggrieved."
22     2.  Title page, line 2, by inserting after the
23   word "patient" the following:  "and providing a
24   penalty".
25     3.  By renumbering as necessary.
Moreland of Wapello offered the following amendment H-1401, to
amendment H-1387, filed by him and moved its adoption:

H-1401

 1     Amend the amendment, H-1387, to House File 448 as
 2   follows:
 3     1.  Page 1, line 10, by striking the word
 4   "knowledge" and inserting the following:
 5   "acknowledge".
Amendment H-1401 was adopted.
Speaker pro tempore Van Maanen of Marion in the chair at 11:45
a.m.
Moreland of Wapello moved the adoption of amendment H-1387, as
amended.
Amendment H-1387, as amended, was adopted.
Millage of Scott asked and received unanimous consent to
withdraw amendment H-1153B.
Millage of Scott asked and received unanimous consent to
withdraw amendment H-1153C.
Larson 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?" (H.F. 448)
The ayes were, 61:
Arnold         	Barry          	Blodgett       	Boddicker     
	Boggess        	Bradley        	Brauns         	Carroll       
	Chiodo         	Churchill      	Corbett, Spkr.	Cormack       
	Dinkla         	Dix            	Dolecheck      	Drake         
	Falck          	Frevert        	Garman         	Greig         
	Greiner        	Gries          	Grundberg      	Hahn          
	Hansen         	Heaton         	Holmes         	Houser        
	Huseman        	Jacobs         	Jenkins        	Klemme         	
Kremer         	Lamberti       	Larson         	Lord          
	Martin         	May            	Mertz          	Metcalf       
	Meyer          	Moreland	Nelson         	O'Brien       
	Osterhaus      	Rants          	Rayhons       
	Shoultz	Siegrist       	Sukup          	Taylor         	Teig   
       	Thomas         	Thomson        	Tyrrell        	Van
Fossen       	Vande Hoef     	Veenstra       	Weidman       
	Welter         	Van Maanen,
  Presiding

The nays were, 35:
Bell           	Bernau         	Brand          	Bukta         
	Burnett        	Cataldo        	Chapman        	Cohoon        
	Connors        	Doderer        	Dotzler        	Drees         
	Fallon         	Foege	Ford           	Holveck        	Huser    
     	Jochum         	Kinzer         	Koenigs        	Kreiman   
    	Larkin         	Mascher        	Millage        	Mundie     
   	Murphy         	Myers         	Reynolds-Knight	Richardson   
 	Scherrman      	Schrader       	Warnstadt      	Whitead       
	Wise           	Witt           	

Absent or not voting, 4:
Brunkhorst     	Eddie          	Gipp           	Weigel         	

The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 448 be immediately messaged to the Senate.
House File 640, a bill for an act relating to the definition and
location of a land-leased community, was taken up for
consideration.
Richardson of Warren asked and received unanimous consent to
withdraw amendment H-1444 filed by him on March 26, 1997.
SENATE FILE 433 SUBSTITUTED FOR HOUSE FILE 640
Carroll of Poweshiek asked and received unanimous consent to
substitute Senate File 433 for House File 640.
Senate File 433, a bill for an act relating to the definition
and location of a land-leased community, was taken up for
consideration.
Carroll of Poweshiek offered amendment H-1427 filed by him as
follows:

H-1427

 1     Amend Senate File 433, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5     "Section 1.  Section 335.30, Code 1997, is amended
 6   by adding the following new paragraph:
 7     NEW UNNUMBERED PARAGRAPH.  A county shall not adopt
 8   or enforce construction, building, or design
 9   ordinances, regulations, requirements, or restrictions
10   which would mandate width standards greater than
11   twenty-four feet, roof pitch, or other design
12   standards for manufactured housing if the housing
13   otherwise complies with 42 U.S.C. "/g" 5403.  A county
14   shall not adopt or enforce zoning or subdivision
15   regulations or other ordinances which mandate width
16   standards for a single modular or manufactured home
17   which is sited upon land otherwise zoned as
18   agricultural land."
19     2.  Page 1, by striking lines 6 through 10 and
20   inserting the following:  "manufactured housing."
21     3.  Page 1, by inserting after line 21 the
22   following:
23     "Sec. ___.  Section 414.28, Code 1997, is amended
24   by adding the following new paragraph:
25     NEW UNNUMBERED PARAGRAPH.  A city shall not adopt
26   or enforce construction, building, or design
27   ordinances, regulations, requirements, or restrictions
28   which would mandate width standards greater than
29   twenty-four feet, roof pitch, or other design
30   standards for manufactured housing if the housing
31   otherwise complies with 42 U.S.C. "/g" 5403."
32     4.  Title page, by striking lines 1 and 2 and
33   inserting the following:  "An Act relating to
34   regulation and location of a land-leased community or
35   a modular or manufactured home."
Carroll of Poweshiek asked and received unanimous consent that
Senate File 433 be deferred and that the bill retain its place
on the calendar. ( Amendment H-1427 pending.)
House File 202, a bill for an act relating to the issuance of
free deer hunting licenses to owners and tenants of farm units,
with report of committee recommending passage, was taken up for
consideration.
Speaker Corbett in the chair at 12:28 p.m.
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?" (H.F. 202)
The ayes were, 96:
Arnold         	Barry          	Bell           	Bernau         	
Blodgett       	Boddicker      	Boggess        	Bradley       
	Brand          	Brauns         	Bukta          	Burnett       
	Carroll        	Cataldo        	Chapman        	Chiodo        
	Churchill      	Cohoon         	Connors               	Cormack 
      	Dinkla         	Dix            	Doderer        	Dolecheck
     	Dotzler        	Drake          	Drees	Eddie         
	Falck          	Fallon         	Foege          	Ford          
	Frevert        	Garman         	Greig          	Greiner       
	Gries          	Grundberg      	Hahn           	Hansen        
	Heaton         	Holmes         	Holveck        	Houser        
	Huseman        	Huser          	Jacobs         	Jenkins       
	Jochum         	Kinzer         	Klemme         	Koenigs       
	Kreiman        	Kremer         	Lamberti       	Larkin        
	Larson         	Lord           	Martin         	Mascher       
	May            	Mertz          	Metcalf        	Millage       
	Moreland       	Mundie         	Murphy         	Myers         
	Nelson         	O'Brien        	Osterhaus      	Rants         
	Rayhons        	Reynolds-Knight	Richardson     	Scherrman     
	Schrader       	Shoultz        	Siegrist       	Sukup         
	Taylor         	Teig           	Thomas         	Thomson       
	Tyrrell        	Van Fossen     	Van Maanen     	Vande Hoef    
	Veenstra       	Warnstadt      	Weidman        	Welter        
	Whitead        	Wise           	Witt           	Mr. Speaker
				 Corbett
The nays were, none.

Absent or not voting, 4:

Brunkhorst     	Gipp           	Meyer          	Weigel         	
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 House File 202 be immediately messaged to the Senate.
House File 613, a bill for an act relating to linked deposit
investment programs, was taken up for consideration.
Barry of Harrison in the chair at 12:35 p.m.
The House stood at ease at 12:36 p.m., until the fall of the
gavel.
The House resumed session at 1:03 p.m., Tyrrell of Iowa in the
chair.
The House resumed consideration of House File 613.
Wise of Lee asked and received unanimous consent that amendment
H-1437 be deferred.
Wise of Lee asked and received unanimous consent that amendment
H-1438 be deferred.
Warnstadt of Woodbury asked and received unanimous consent that
amendment H-1404 be deferred.
Metcalf of Polk offered amendment H-1436 filed by her as follows:

H-1436

 1     Amend House File 613 as follows:
 2     1.  By striking page 1, line 1, through page 5,
 3   line 18, and inserting the following:
 4     "Sec. ___.  Section 12.32, subsection 1, Code 1997,
 5   is amended to read as follows:
 6     1.  "Eligible borrower" means any person who is in
 7   the business or is entering the business of producing,
 8   processing, or marketing horticultural crops or
 9   nontraditional crops in this state or any person in
10   this state who is qualified to participate in one of
11   the programs in this division.  "Eligible borrower"
12   does not include a person who has been determined to
13   be delinquent in making child support payments or any
14   other payments due the state.
15     Sec. ___.  Section 12.32, subsection 3, Code 1997,
16   is amended to read as follows:
17     3.  "Linked investment" means a certificate of
18   deposit placed pursuant to this division by the
19   treasurer of state with an eligible lending
20   institution, at an interest rate not more than three
21   percent below current market rates rate on the
22   condition that the institution agrees to lend the
23   value of the deposit, according to the investment
24   agreement provided in section 12.35, to an eligible
25   borrower at a rate not to exceed four percent above
26   the rate paid on the certificate of deposit.  The
27   treasurer of state shall determine and make available
28   the current market rate which shall be used each
29   month.
30     Sec. ___.  Section 12.33, Code 1997, is amended to
31   read as follows:
32     12.33  LEGISLATIVE FINDINGS AND INTENT _ PURPOSE
33   PUBLIC POLICY.
34     1.  The general assembly finds the following:
35     a.  That many horticultural operations throughout
36   the state are experiencing economic stagnation or
37   decline.
38     b.  That high interest rates have caused
39   potentially viable operations to cease or not expand
40   in the area of horticultural or nontraditional crop
41   production, processing, or marketing.
42     2.  The It is the public policy of this state that
43   a linked investments for tomorrow program provided
for
44   in this division is intended be established to
provide
45   statewide availability of lower cost funds for lending
46   purposes that will inject needed capital into the
47   business of, and stimulate existing or encourage new
48   businesses in, the area of producing, processing, or
49   marketing horticultural or nontraditional crops.
50     3.  It is the public policy of the state through

Page 2  

 1   the linked investments for tomorrow program to create
 2   an availability of lower cost funds to inject needed
 3   capital into the business of producing, processing, or
 4   marketing horticultural crops or nontraditional crops.
 5     Sec. ___.  Section 12.34, subsection 1, Code 1997,
 6   is amended to read as follows:
 7     1.  The treasurer of state may invest up to the
 8   lesser of sixty-five million dollars or ten percent of
 9   the balance of the state pooled money fund in
10   certificates of deposit in eligible lending
11   institutions pursuant to this division.
12     Sec. ___.  Section 12.40, subsection 3, Code 1997,
13   is amended to read as follows:
14     3.  In order to qualify as an eligible borrower,
15   the rural small business must be located in a city
16   with a population of five thousand or less.  A rural
17   small business located in a city located in a county
18   with a population in excess of three one hundred
19   thousand, if the city is contiguous to another city in
20   the county and that other city is contiguous to the
21   largest city in that county, shall be ineligible to
22   qualify as a borrower.  In order to qualify under this
23   program, all owners of the business or borrowers must
24   not have a combined net worth exceeding five hundred
25   thousand dollars as defined in rules adopted by the
26   treasurer of state pursuant to chapter 17A and the
27   rural small business must meet all of the following
28   criteria:
29     a.  Be a for-profit business under a single
30   management.
31     b.  Have annual sales of two million dollars or
32   less.
33     c.  Not be operated out of the home of any person,
34   unless the person is eligible for a deduction on
35   federal income taxes pursuant to 26 U.S.C. "/g" 280A.
36     d.  Not involve real estate investments, rental of
37   real estate, leasing of real estate, or real estate
38   speculation.
39     e.  Not provide the services of persons practicing
40   medicine and surgery pursuant to chapter 148,
41   dentistry pursuant to chapter 153, chiropractic
42   pursuant to chapter 151, optometry pursuant to chapter
43   154, osteopathic medicine and surgery pursuant to
44   chapter 150A, podiatry pursuant to chapter 149,
45   psychology pursuant to chapter 154B, or law pursuant
46   to section 602.10101 et seq.
47     f.  Liquor, beer, and wine sales must not exceed
48   twenty percent of annual sales.
49     Sec. __.  Section 12.40, subsection 4, Code 1997,
50   is amended to read as follows:

Page 3

 1     4.  In order to qualify as an eligible borrower,
 2   the transfer of the rural small business must be by
 3   purchase, lease-purchase, or contract of sale.  The
 4   purchase must be for a portion of the business which
 5   is essential to its continued viability, including
 6   real estate where the business is located, fixtures
 7   attached to the real estate, equipment, supplies, and
 8   machinery relied upon by the business, and inventory
 9   for sale by the business.
10     Sec. ___.  Section 12.40, subsection 7, Code 1997,
11   is amended to read as follows:
12     7.  The During the lifetime of this loan program,
13   the maximum loan amount of assistance that
a an
14   eligible borrower or a business may receive
under
15   through this loan program shall be fifty thousand
16   dollars.  An eligible borrower or business under this
17   program shall be limited to one loan from one
18   financial institution.
19     Sec. ___.  Section 12.41, subsection 1, Code 1997,
20   is amended to read as follows:
21     1.  In order to qualify as an eligible borrower,
22   the loan application shall must be for the purchase
or
23   lease of land, machinery, equipment, or the purchase
24   of other inputs used in the business of producing,
25   processing, or marketing horticultural or
26   nontraditional crops as defined in rules adopted by
27   the treasurer.
28     Sec. ___.  Section 12.41, subsection 3, Code 1997,
29   is amended to read as follows:
30     3.  The maximum loan amount of assistance that an
31   eligible borrower or business may receive under
during
32   the lifetime of this program is two hundred thousand
33   dollars for a production loan and five hundred
34   thousand dollars for processing or marketing
35   facilities.  An eligible borrower or business under
36   this program shall be limited to one loan from one
37   financial institution.
38     Sec. ___.  Section 12.43, Code 1997, is amended to
39   read as follows:
40     12.43  TARGETED FOCUSED SMALL BUSINESS LINKED
41   INVESTMENTS PROGRAM CREATED _ DEFINITIONS.
42     The treasurer of state shall adopt rules to
43   implement a targeted focused small business linked
44   investments program to increase the availability of
45   lower cost funds to inject needed capital into small
46   businesses owned and operated by women or minorities,
47   which is the public policy of the state.  The rules
48   shall be in accordance with the following:
49     1.  "Targeted small business" means a business as
50   defined in section 15.102, subsection 5.

Page 4

 1     2.  A linked investment shall only be approved in
 2   connection with a loan application for a targeted
 3   small business which has been certified pursuant to
 4   section 10A.104, subsection 8.
 5     1.  As used in this section:
 6     a.  "Focused small business" means a new small
 7   business which is one hundred percent owned, operated,
 8   and actively managed by one or more women, minority
 9   persons, or persons with a disability, provided the
10   business meets all the requirements of subsection 5.
11     b.  "Disability" is defined as provided in section
12   15.102, subsection 5.
13     c.  "Major life activity" is defined as provided in
14   section 15.102, subsection 5.
15     d.  "Minority person" is defined as provided in
16   section 15.102, subsection 5.
17     3. 2.  Loan applications for a targeted
focused~ `
18   small business shall be for the purchase of land,
19   machinery, equipment, or licenses, or patent,
20   trademark, or copyright fees and expenses.
21     4. 3.  The During the lifetime of this
loan
22   program, the maximum size of a targeted small
business
23   loan is two amount of assistance that an eligible
24   borrower or business may borrow or receive through
25   this loan program shall be one hundred fifty
thousand
26   dollars per borrower.  An eligible borrower or
27   business under this program shall be limited to one
28   loan from one financial institution.
29     5. 4.  A preference shall be given to those
persons
30   who are less able than other persons to secure funds
31   for a targeted focused small business without
32   participation in the targeted focused small business
33   linked investment program.
34     5.  In order to qualify under this program, all
35   owners of the business or borrowers must not have a
36   combined net worth exceeding five hundred thousand
37   dollars as defined in rules adopted by the treasurer
38   of state pursuant to chapter 17A and the focused small
39   business must meet all of the following criteria:
40     a.  Be a for-profit business under a single
41   management.
42     b.  Have annual sales of two million dollars or
43   less.
44     c.  Not be operated out of the home of any person,
45   unless the person is eligible for a deduction on
46   federal income taxes pursuant to 26 U.S.C. "/g" 280A.
47     d.  Not involve real estate investments, rental of
48   real estate, leasing of real estate, or real estate
49   speculation.
50     e.  Not provide the services of persons practicing

Page 5

 1   medicine and surgery pursuant to chapter 148,
 2   dentistry pursuant to chapter 153, chiropractic
 3   pursuant to chapter 151, optometry pursuant to chapter
 4   154, osteopathic medicine and surgery pursuant to
 5   chapter 150A, podiatry pursuant to chapter 149,
 6   psychology pursuant to chapter 154B, or law pursuant
 7   to section 602.10101 et seq.
 8     f.  Liquor, beer, and wine sales must not exceed
 9   twenty percent of annual sales.
10     6.  Loan proceeds shall not be used to refinance
11   existing debt, including credit card debt.  However,
12   proceeds may be used to refinance a short-term bridge
13   loan made in anticipation of the treasurer of state's
14   approval of the linked investment loan package.
15     7.  Eligible lending institutions shall verify the
16   borrower is eligible to participate under the
17   provisions of this section pursuant to rules adopted
18   by the treasurer of state pursuant to chapter 17A.
19     Sec. ___.  This Act shall have no effect, pursuant
20   to section 4.13, on loans in effect on the effective
21   date of this Act."
22     2.  By renumbering as necessary.
Wise of Lee offered the following amendment H-1445, to amendment
H-1436, filed by him from the floor and moved its adoption:

H-1445

 1     Amend the amendment, H-1436, to House File 613 as
 2   follows:
 3     1.  Page 2, line 8, by striking the words "sixty-
 4   five" and inserting the following:  "seventy-five".
Roll call was requested by Wise of Lee and Jochum of Dubuque.
On the question "Shall amendment H-1445, to amendment H-1436, be
adopted?" (H.F. 613)

The ayes were, 44:
Bell           	Bernau         	Brand          	Bukta         
	Burnett        	Cataldo	Chapman        	Chiodo         	Cohoon 
       	Connors        	Doderer        	Dotzler        	
Drees          	Falck          	Fallon         	Foege         
	Ford           	Frevert        	Grundberg      	Huser         
	Jochum         	Kinzer         	Koenigs        	Kreiman       
	Larkin         	Mascher        	May            	Mertz         
	Moreland       	Mundie         	Murphy         	Myers         
	O'Brien        	Osterhaus      	Reynolds-Knight	Richardson    
	Scherrman      	Schrader       	Shoultz	Thomas        
	Warnstadt      	Whitead        	Wise           	Witt

The nays were, 48:
Arnold         	Barry          	Blodgett       	Boddicker     
	Boggess        	Brauns         	Brunkhorst     	Carroll       
	Churchill      	Corbett, Spkr.        	Cormack       
	Dolecheck      	Drake          	Eddie          	Garman        
	Greig          	Greiner        	Gries          	Hahn          
	Hansen         	Heaton         	Holmes         	Holveck       
	Houser         	Huseman        	Jacobs         	Jenkins       
	Klemme         	Lamberti       	Lord           	Martin        
	Metcalf        	Meyer          	Millage        	Nelson        
	Rants          	Rayhons        	Siegrist       	Sukup         
	Teig           	Thomson               	Van Fossen     	Van
Maanen     	Vande Hoef     	Veenstra       	Weidman       
	Welter         	Tyrrell, 				 Presiding

Absent or not voting, 8:

Bradley        	Dinkla         	Dix            	Gipp          
	Kremer         	Larson         	Taylor         	Weigel         	
Amendment H-1445 lost, placing amendment H-1437 out of order.
Wise of Lee offered the following amendment H-1446, to amendment
H-1436, filed by him from the floor and moved its adoption:

H-1446

 1     Amend the amendment, H-1436, to House File 613 as
 2   follows:
 3     1.  Page 2, by striking lines 39 through 46.
 4     2.  By renumbering as necessary.
Rants of Woodbury in the chair at 1:32 p.m.
A non-record roll call was requested.
The ayes were 43, nays 50.
Amendment H-1446 lost.
Mertz of Kossuth offered the following amendment H-1447, to
amendment H-1436, filed by her from the floor and moved its
adoption:
H-1447

 1     Amend the amendment, H-1436, to House File 613 as
 2   follows:
 3     1.  Page 3, by striking lines 28 through 37.
 4     2.  By renumbering as necessary.
Roll call was requested by Mertz of Kossuth and Wise of Lee.
On the question "Shall amendment H-1447, to amendment  H-1436,
be adopted?" (H.F. 613)
Rule 75 was invoked.

The ayes were, 48:
Bell           	Bernau         	Brand          	Bukta         
	Burnett        	Cataldo        	Chapman        	Chiodo        
	Cohoon         	Connors        	Doderer        	Dotzler       
	Drees          	Falck          	Fallon         	Foege         
	Ford           	Frevert        	Holveck        	Huser         
	Jochum         	Kinzer         	Koenigs        	Kreiman       
	Kremer         	Larkin         	Mascher        	May           
	Mertz          	Moreland       	Mundie         	Murphy        
	Myers          	O'Brien        	Osterhaus      	Rayhons       
	Reynolds-Knight	Richardson     	Scherrman      	Schrader      
	Shoultz        	Taylor         	Thomas         	Warnstadt     
	Welter         	Whitead        	Wise           	Witt           	

The nays were, 47:
Arnold         	Barry          	Boddicker      	Boggess       
	Bradley        	Brauns         	Brunkhorst     	Carroll       
	Churchill      	Corbett, Spkr.        	Cormack        	Dix     
      	Dolecheck      	Drake          	Eddie          	Garman   
     	Greig          	Gries          	Grundberg      	Hahn      
    	Hansen         	Heaton         	Holmes         	Houser     
   	Huseman        	Jacobs         	Jenkins        	Klemme      
  	Lamberti       	Larson         	Lord           	Martin       
 	Metcalf        	Meyer          	Millage        	Nelson        
      	Siegrist       	Sukup          	Teig           	Thomson  
     	Tyrrell        	Van Fossen     	Van Maanen     	Vande Hoef
    	Veenstra       	Weidman        	Rants,
 		 Presiding
Absent or not voting, 5:
Blodgett       	Dinkla         	Gipp           	Greiner       
	Weigel         	
Amendment H-1447, to amendment H-1436, was adopted.
Ford of Polk asked and received unanimous consent to withdraw
amendment H-1449, to amendment H-1436, filed by him from the
floor.
Ford of Polk offered the following amendment H-1451, to
amendment H-1436, filed by him from the floor and moved its
adoption:

H-1451

 1     Amend the amendment, H-1436, to House File 613 as
 2   follows:
 3     1.  Page 5, line 7, by inserting after the word
 4   "seq." the following:  ", unless the business is
 5   located in a state or federally designated enterprise
 6   zone."
Amendment H-1451 was adopted.
Warnstadt of Woodbury offered the following amendment H-1441, to
amendment H-1436, filed by him and Whitead of Woodbury and moved
its adoption:

H-1441

 1     Amend the amendment, H-1436, House File 613 as
 2   follows:
 3     1.  Page 5, by inserting after line 18 the
 4   following:
 5     "Sec. ___.  NEW SECTION.  12.51  MAIN STREET LINKED
 6   INVESTMENTS LOAN PROGRAM.
 7     The treasurer of state shall adopt rules to
 8   implement a main street linked investments loan
 9   program to increase the availability of lower cost
10   funds to stimulate building restorations or
11   rehabilitations of historic buildings within the
12   central business district of a city which is a
13   certified local government, or in the Iowa main street
14   program or the rural main street program.  The rules
15   shall include the following conditions:
16     1.  Linked investment loans shall be limited to
17   projects for a building restoration or rehabilitation
18   located in the central business district whose
19   boundaries are the same as the main street or rural
20   main street or central business district of a city
21   which is a certified local government project area.
22     2.  Eligible borrowers are limited to the property
23   owner, contract purchaser of record, or long-term
24   lessee.
25     3.  Loan applications under this program shall be
26   for the restoration or rehabilitation of facades of
27   buildings which are eligible or nominated or listed on
28   the national register of historic places.  Public
29   buildings are excluded.
30     4.  A facade restoration or building rehabilitation
31   must follow United States secretary of interior's
32   standards for rehabilitation and guidelines for
33   rehabilitating historic buildings.
34     5.  The maximum loan amount under the main street
35   linked investments loan program is fifty thousand
36   dollars per project.
37     6.  Not more than one-third of the amount
38   authorized in section 12.34 may be used for purposes
39   of this program and the rural small business transfer
40   linked investment loan program under section 12.40.
41     Sec. ___.  NEW SECTION.  12.52  APPLICATION
42   PROCESS.
43     Applicants shall be certified as eligible for
44   assistance prior to submitting applications to the
45   treasurer of state for loans under the main street
46   linked investment loan program.  Administrative rules
47   pursuant to chapter 17A shall be adopted jointly by
48   the department of economic development and by the
49   department of cultural affairs to require applicants
50   to do the following:

Page 2  

 1     1.  Show evidence of preliminary design assistance
 2   from the Iowa main street program of the department of
 3   economic development or the state historic
 4   preservation office of the department of cultural
 5   affairs.
 6     2.  Show evidence of preliminary design review
 7   approval from the local design review committee.
 8     3.  The plans shall be submitted to a final design
 9   review board comprised of representatives of the state
10   historic preservation office, the Iowa main street
11   program, and one private sector architect selected
12   jointly by the directors of the departments of
13   economic development and cultural affairs.  The
14   treasurer of state or the treasurer of state's
15   designee shall serve as an ad hock member of the
16   design review board.  The design review board shall
17   provide certification of eligible projects to the
18   treasurer of state following the review."
19     2.  By renumbering as necessary.
Amendment H-1441 lost.
Metcalf of Polk moved the adoption of amendment H-1436, as
amended.
Amendment H-1436, as amended, was adopted placing out of order
amendments H-1438 and H-1404.
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?" (H.F. 613)

The ayes were, 87:
Arnold         	Barry          	Bell           	Bernau        
	Blodgett       	Boddicker      	Boggess        	Bradley       
	Brauns         	Brunkhorst     	Bukta          	Burnett       
	Carroll        	Cataldo        	Chapman        	Chiodo        
	Churchill      	Cohoon         	Connors        	Corbett, Spkr. 
 	Cormack	Dinkla         	Dix            	Dolecheck     
	Dotzler        	Drake          	Drees          	Eddie         
	Falck          	Fallon         	Foege          	Ford          
	Garman         	Greig          	Greiner        	Gries         
	Grundberg      	Hahn           	Hansen         	Heaton        
	Holmes         	Houser         	Huseman        	Jacobs        
	Jenkins        	Jochum         	Kinzer         	Klemme        
	Kremer         	Lamberti       	Larkin         	Larson        
	Lord           	Martin         	Mascher        	May           
	Mertz          	Metcalf        	Meyer          	Millage       
	Mundie         	Myers          	Nelson         	O'Brien        
     	Rayhons        	Reynolds-Knight	Richardson     	Schrader  
    	Shoultz        	Siegrist       	Sukup          	Taylor     
   	Teig           	Thomas         	Thomson        	Tyrrell     
  	Van Fossen     	Van Maanen     	Vande Hoef     	Veenstra     
 	Warnstadt      	Weidman        	Welter         	Whitead       
	Wise           	Witt           	Rants,
		 Presiding
The nays were, 11:
Brand          	Doderer        	Frevert        	Holveck	Huser   
      	Koenigs        	Kreiman        	Moreland       	Murphy   
     	Osterhaus      	Scherrman      	

Absent or not voting, 2:
Gipp           	Weigel         	
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
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 March 27, 1997, passed the following bill in
which the concurrence of the House is asked:
Senate File 193, a bill for an act relating to the election of
trustees for special land use districts.
MARY PAT GUNDERSON, Secretary
SENATE MESSAGE CONSIDERED
Senate File 503, by committee on judiciary, a bill for an
act relating to criminal justice, by providing for enhanced
punishment for manufacturing methamphetamine in the presence of
minors, providing restrictions on public nudity and actual or
simulated public performance of sex acts in certain
establishments, making changes related to escape and voluntary
absence from custody or a correctional facility, establishing
the offense of promoting or possessing contraband in prisons,
jails, and juvenile facilities, providing for abatement of
nuisance created by certain establishments which allow or permit
public nudity or actual or simulated public performances of sex
acts in their establishment, providing for hormonal intervention
therapy for persons convicted of certain sex offenses, imposing
consecutive sentences for escapes from or crimes committed while
confined in detention facilities or penal institutions,
authorizing probation supervision and revocation by
administrative parole and probation judges in the sixth judicial
district, making changes related to work programs for inmates
and criminal defendants, providing restitution for death of a
victim of a crime, and providing penalties and an effective date.
Read first time and referred to committee on judiciary.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 613 be immediately messaged to the Senate.
SENATE FILE 296 REREFERRED
The Speaker announced that Senate File 296, previously referred
to the committee on commerce-regulation was rereferred to the
committee on labor and industrial relations.
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on March 27,
1997. Had I been present, I would have voted "nay" on House File
202 and "aye" on House File 448.
BRUNKHORST of Bremer
I was necessarily absent from the House chamber on March 26,
1997. Had I been present, I would have voted "aye" on House
Files 577, 589 and 612.
VANDE HOEF of Osceola
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 27th day of March, 1997: House Files 309 and 320.
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:
Twelve high school students from Gladbrook-Reinbeck High School,
Reinbeck, accompanied by Marvin Cook. By Brand of Tama and Dix
of Butler.
COMMUNICATION RECEIVED
The following communication was received and filed in the office
of the Chief Clerk:
COLLEGE STUDENT AID COMMISSION
The Student and Faculty Ethnic Diversity Report, pursuant to
Chapter 261.25(5), Code of Iowa.
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
1997\325	Newell-Fonda Community School, Newell - For winning 1st
place in the 1997 Class 1A Boys State Basketball Tournament.
1997\326	Newell-Fonda Community School, Newell - For receiving
2nd place in the 1997 Class 1A Girls State Basketball Tournament.
 SUBCOMMITTEE ASSIGNMENTS

House File 713

Appropriations: Millage, Chair; Reynolds-Knight and Sukup.
Senate File 357

State Government: Holmes, Chair; Jacobs and Taylor.

RESOLUTION FILED

HR 15, by Connors and Holveck, a resolution paying tribute to
the memory of Mrs. Billie Jean Walling and recognizing her many
contributions to the Iowa House of Representatives.

Laid over under Rule 25.
AMENDMENTS FILED

H_1448	S.F.	433	Richardson of Warren
H_1452	H.F.	667	Dinkla of Guthrie
H_1453	H.F.	693	Bernau of Story
H_1454	H.F.	693	Bernau of Story
H_1455	H.F.	693	Huser of Polk
H_1456	H.F.	693	Lamberti of Polk
H_1457	H.F.	693	Moreland of Wapello
H_1458	H.F.	693	Chapman of Linn
H_1459	H.F.	693	Moreland of Wapello
H_1460	H.F.	693	Moreland of Wapello
H_1461	H.F.	708	Cormack of Webster
H_1462	S.F.	236	Blodgett of Cerro Gordo
H_1463	H.F.	484	Huseman of Cherokee
				Mertz of Kossuth
On motion by Siegrist of Pottawattamie, the House adjourned at
2:17 p.m., until 1:00 p.m., Monday, March 31, 1997.

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