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House Journal: Monday, March 2, 1998

Fiftieth Calendar Day - Thirty-third Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, March 2, 1998
The House met pursuant to adjournment at 1:10 p.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Reverend Joseph Green, First Assembly of
God Church, Council Bluffs.
The Journal of Friday, February 27, 1998 was approved.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Reverend Joseph Green,
Council Bluffs.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Drake of Pottawattamie, until his arrival, on request of
Siegrist of Pottawattamie.
INTRODUCTION OF BILLS
House File 2495, by committee on state government, a bill
for an act relating to the conduct of elections in the state.
Read first time and placed on the calendar.
House File 2496, by committee on state government, a bill
for an act relating to public retirement systems, and providing
effective, implementation, and applicability dates.
Read first time and placed on the calendar.
House File 2497, by committee on agriculture, a bill for an
act relating to cooperatives organized under Code chapter 501.
Read first time and placed on the calendar.
HOUSE FILE 2368 WITHDRAWN
Doderer of Johnson asked and received unanimous consent to
withdraw House File 2368 from further consideration by the House.
SPECIAL PRESENTATION
Mascher of Johnson presented to the House Kurt Seelman who is 
from Bamburg, Germany. He was accompanied by Coleen Chipman and
Harry Seelman.  The House rose and expressed its welcome.

CONSIDERATION OF BILLS
Regular Calendar
House File 530, a bill for an act concerning assistive devices
by requiring a warranty, and providing for replacement of
assistive devices and consumer remedies, with report of
committee recommending passage was taken up for consideration.
Witt of Black Hawk offered the following amendment H-8027 filed
by him and Boddicker of Cedar and moved its adoption:

H-8027

 1     Amend House File 530 as follows:
 2     1.  By striking everything after the enacting
 3   clause and inserting the following:
 4     "Section 1.  NEW SECTION.  216E.1  DEFINITIONS.
 5     As used in this chapter, unless the context
 6   otherwise provides:
 7     1.  "Assistive device" means any item, piece of
 8   equipment, or product system which is purchased, or
 9   whose transfer is accepted in this state, and which is
10   used to increase, maintain, or improve the functional
11   capabilities of individuals with disabilities
12   concerning a major life activity as defined in section
13   225C.46.  "Assistive device" does not mean any medical
14   device, surgical device, or organ implanted or
15   transplanted into or attached directly to an
16   individual.  "Assistive device" does not mean any
17   device for which a certificate of title is issued by
18   the state department of transportation but does mean
19   any item, piece of equipment, or product system
20   otherwise meeting the definition of "assistive device"
21   that is incorporated, attached, or included as a
22   modification in or to such a certificated device.
23     2.  "Assistive device dealer" means a person who is
24   in the business of selling assistive devices.
25     3.  "Assistive device lessor" means a person who
26   leases assistive devices to consumers, or who holds
27   the lessor's rights, under a written lease.
28     4.  "Collateral costs" means expenses incurred by a
29   consumer in connection with the repair of a
30   nonconformity, including the cost of shipping, sales
31   tax, and of obtaining an alternative assistive device.
32     5.  "Consumer" means any one of the following:
33     a.  The purchaser of an assistive device, if the
34   assistive device was purchased from an assistive
35   device dealer or manufacturer for purposes other than
36   resale.
37     b.  A person to whom the assistive device is
38   transferred for purposes other than resale, if the
39   transfer occurs before the expiration of an express
40   warranty applicable to the assistive device.
41     c.  A person who may enforce the warranty.
42     d.  A person who leases an assistive device from an
43   assistive device lessor under a written lease.
44     6.  "Demonstrator" means an assistive device used
45   primarily for the purpose of demonstration to the
46   public.
47     7.  "Early termination costs" means any expense or
48   obligation that an assistive device lessor incurs as a
49   result of both the termination of a written lease
50   before the termination date set forth in the lease and

Page 2  

 1   the return of an assistive device to the manufacturer.
 2   "Early termination cost" includes a penalty for
 3   prepayment under a finance arrangement.
 4     8.  "Early termination savings" means any expense
 5   or obligation that an assistive device lessor avoids
 6   as a result of both the termination of a written lease
 7   before the termination date set forth in the lease and
 8   the return of an assistive device to a manufacturer
 9   which shall include an interest charge that the
10   assistive device lessor would have paid to finance the
11   assistive device or, if the assistive device lessor
12   does not finance the assistive device, the difference
13   between the total payments remaining for the period of
14   the lease term remaining after the early termination
15   and the present value of those remaining payments at
16   the date of the early termination.
17     9.  "Loaner" means an assistive device, provided
18   free of charge to the consumer, for use by the
19   consumer, that need not be new or be identical to, or
20   have functional capabilities equal to or greater than,
21   those of the original assistive device, but that meets
22   all of the following conditions:
23     a.  The loaner is in good working order.
24     b.  The loaner performs, at a minimum, the most
25   essential functions of the original assistive device,
26   in light of the disabilities of the consumer.
27     c.  Any differences between the loaner and the
28   original assistive device do not create a threat to
29   the consumer's health or safety.
30     10.  "Manufacturer" means a person who manufactures
31   or assembles assistive devices and agents of that
32   person, including an importer, a distributor, a
33   factory branch, distributor branch, and any warrantors
34   of the assistive device, but does not include an
35   assistive device dealer or assistive device lessor.
36     11.  "Nonconformity" means any defect, malfunction,
37   or condition which substantially impairs the use,
38   value, or safety of an assistive device or any of its
39   component parts, but does not include a condition,
40   defect, or malfunction that is the result of abuse,
41   neglect, or unauthorized modification or alteration of
42   the assistive device by the consumer.
43     12.  "Reasonable attempt to repair" means any of
44   the following occurring within the terms of an express
45   warranty applicable to a new assistive device or
46   within one year after first delivery of the assistive
47   device to a consumer, whichever is sooner:
48     a.  The manufacturer, assistive device lessor, or
49   any of the manufacturer's authorized assistive device
50   dealers accept return of the new assistive device for

Page 3

 1   repair at least two times.
 2     b.  The manufacturer, assistive device lessor, or
 3   any of the manufacturer's authorized assistive device
 4   dealers place the assistive device out of service for
 5   an aggregate of at least thirty cumulative days
 6   because of warranty nonconformities.
 7     Sec. 2.  NEW SECTION.  216E.2  EXPRESS WARRANTIES.
 8     1.  A manufacturer or assistive device lessor who
 9   sells or leases an assistive device to a consumer,
10   either directly or through an assistive device dealer,
11   shall furnish the consumer with an express warranty
12   for the assistive device, warranting the assistive
13   device to be free of any nonconformity.  The duration
14   of the express warranty shall be not less than one
15   year after first delivery of the assistive device to
16   the consumer.  If a manufacturer fails to furnish an
17   express warranty as required by this section, the
18   assistive device shall be covered by an express
19   warranty as if the manufacturer had furnished an
20   express warranty to the consumer as required by this
21   section.
22     2.  An express warranty does not take effect until
23   the consumer takes possession of the new assistive
24   device.
25     Sec. 3.  NEW SECTION.  216E.3  ASSISTIVE DEVICE
26   REPLACEMENT OR REFUND.
27     1.  If an assistive device does not conform to an
28   applicable express warranty and the consumer reports
29   the nonconformity to the manufacturer, the assistive
30   device lessor, or any of the manufacturer's authorized
31   assistive device dealers, and makes the assistive
32   device available for repair before one year after
33   first delivery of the device to the consumer or within
34   the period of the express warranty if the warranty is
35   longer than one year, a reasonable attempt to repair
36   the nonconformity shall be made.
37     2.  If, after a reasonable attempt to repair, the
38   nonconformity is not repaired, the manufacturer shall
39   carry out the requirements of either paragraph "a" or
40   "b" upon the request of a consumer.
41     a.  The manufacturer shall provide for a refund by
42   doing one of the following:
43     (1)  If the assistive device was purchased by the
44   consumer, accept return of the assistive device and
45   refund to the consumer and to any holder of perfected
46   security interest in the consumer's assistive device,
47   as the holder's interest may appear, the full purchase
48   price plus any finance charge paid by the consumer at
49   the point of sale and collateral costs, less a
50   reasonable allowance for use.

Page 4

 1     (2)  If the assistive device was leased by the
 2   consumer, accept return of the assistive device,
 3   refund to the assistive device lessor and to any
 4   holder of a perfected security interest in the
 5   assistive device, as the holder's interest may appear,
 6   the current value of the written lease and refund to
 7   the consumer the amount that the consumer paid under
 8   the written lease plus any collateral costs, less a
 9   reasonable allowance for use.  The manufacturer shall
10   have a cause of action against the dealer or lessor
11   for reimbursement of any amount that the manufacturer
12   pays to a consumer which exceeds the net price
13   received by the manufacturer for the assistive device.
14     b.  The manufacturer shall provide a comparable new
15   assistive device or offer a refund to the consumer if
16   the consumer does any one of the following:
17     (1)  Offers to transfer possession of the assistive
18   device to the manufacturer.  No later than thirty days
19   after that offer, the manufacturer shall provide the
20   consumer with the comparable new assistive device or a
21   refund.  When the manufacturer provides the new
22   assistive device or refund, the consumer shall return
23   the assistive device having the nonconformity to the
24   manufacturer, along with any endorsements necessary to
25   transfer legal possession to the manufacturer.
26     (2)  Offers to return the assistive device to the
27   manufacturer.  No later than thirty days after the
28   offer, the manufacturer shall provide a refund to the
29   consumer.  When the manufacturer provides a refund,
30   the consumer shall return the assistive device having
31   the nonconformity to the manufacturer.
32     (3)  Offers to transfer possession of a leased
33   assistive device to the manufacturer.  No later than
34   thirty days after the offer, the manufacturer shall
35   provide a refund to the assistive device lessor.  When
36   the manufacturer provides the refund, the assistive
37   device lessor shall provide to the manufacturer any
38   endorsements necessary to transfer legal possession to
39   the manufacturer.
40     3.  Under the provisions of this section, the
41   current value of the written lease equals the total
42   amount for which that lease obligates the consumer
43   during the period of the lease remaining after its
44   early termination, plus the assistive device lessor's
45   early termination costs and the value of the assistive
46   device at the lease expiration date if the lease sets
47   forth that value, less the assistive device lessor's
48   early termination savings.
49     4.  Under the provisions of this section, a
50   reasonable allowance for use shall not exceed the

Page 5

 1   amount obtained by multiplying the total amount for
 2   which the written lease obligates the consumer by a
 3   fraction, the denominator of which is one thousand
 4   eight hundred twenty-five and the numerator of which
 5   is the number of days that the consumer used the
 6   assistive device before first reporting the
 7   nonconformity to the manufacturer, assistive device
 8   lessor, or assistive device dealer.
 9     5.  A person shall not enforce a lease against a
10   consumer after the consumer receives a refund.
11     Sec. 4.  NEW SECTION.  216E.4  MANUFACTURER'S DUTY
12   TO PROVIDE REIMBURSEMENT OR A LOANER FOR TEMPORARY
13   REPLACEMENT OF ASSISTIVE DEVICES - PENALTIES.
14     1.  Whenever an assistive device covered by a
15   manufacturer's express warranty is tendered by a
16   consumer to the dealer from whom the assistive device
17   was purchased or exchanged for the repair of any
18   defect, malfunction, or nonconformity to which the
19   warranty is applicable, the manufacturer shall provide
20   the consumer, at the consumer's choice, for the
21   duration of the repair period, either a rental
22   assistive device reimbursement of up to twenty dollars
23   per day, or a loaner, without cost to the consumer, if
24   a loaner is reasonably available or obtainable by the
25   manufacturer, assistive device lessor, or assistive
26   device dealer, if any of the following applies:
27     a.  The repair period exceeds ten working days,
28   including the day on which the device is tendered to
29   the manufacturer or an assistive device dealer
30   designated by the manufacturer for repairs.  If the
31   assistive device dealer does not tender the assistive
32   device to the manufacturer in a timely enough manner
33   for the manufacturer to make the repairs within ten
34   days, the manufacturer shall have a cause of action
35   against the assistive device dealer for reimbursement
36   of any penalties that the manufacturer must pay.
37     b.  The nonconformity is the same for which the
38   assistive device has been tendered to the assistive
39   device dealer for repair on at least two previous
40   occasions.
41     2.  The provisions of this section regarding a
42   manufacturer's duty shall apply for the period of the
43   applicable express warranty, or until the date any
44   repair required by the warranty is completed and the
45   assistive device is returned to the consumer with the
46   nonconformity eliminated, whichever is later, even if
47   the assistive device is returned after the end of the
48   warranty period.
49     Sec. 5.  NEW SECTION.  216E.5  NONCONFORMITY
50   DISCLOSURE REQUIREMENT.

Page 6

 1     An assistive device returned by a consumer or
 2   assistive device lessor in this state or any other
 3   state for nonconformity shall not be sold or leased
 4   again in this state unless full written disclosure of
 5   the reason for return is made to any prospective buyer
 6   or lessee by the manufacturer, assistive device
 7   dealer, or assistive device lessor.
 8     Sec. 6.  NEW SECTION.  216E.6  REMEDIES.
 9     1.  This chapter shall not limit rights or remedies
10   available to a consumer under any other law.
11     2.  Any waiver of rights by a consumer under this
12   chapter is void.
13     3.  In addition to pursuing any other remedy, a
14   consumer may bring an action to recover any damages
15   caused by a violation of this chapter.  The court
16   shall award a consumer who prevails in such an action
17   no more than three times the amount of any pecuniary
18   loss, together with costs and reasonable attorney
19   fees, and any equitable relief that the court
20   determines is appropriate.
21     Sec. 7.  NEW SECTION.  216E.7  EXEMPTIONS.
22     This chapter does not apply to a hearing aid sold,
23   leased, or transferred to a consumer by an audiologist
24   licensed under chapter 147, or a hearing aid dealer
25   licensed under chapter 154A, if the audiologist or
26   dealer provides either an express warranty for the
27   hearing aid or provides for service and replacement of
28   the hearing aid."
Amendment H-8027 was adopted, placing out of order amendments
H-1238 and H-1220 filed by Brunkhorst of Bremer on March 18,
1997.
Witt of Black Hawk 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. 530)

The ayes were, 93:

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

The nays were, none.

Absent or not voting, 7:

Bradley 	Carroll 	Chapman 	Drake 
Ford 	Holveck 	Moreland 

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 2331, a bill for an act relating to utility cost
reviews associated with a rate-regulated public utility's
procurement of natural gas or fuel for use in generating
electricity, was taken up for consideration.
Sukup of Franklin 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. 2331)
The ayes were, 93:

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

The nays were, none.

Absent or not voting, 7:

Bradley 	Carroll 	Chapman 	Drake 
Ford 	Holveck 	Moreland 

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 530 and 2331.
On motion by Siegrist of Pottawattamie, the House was recessed
at 1:30 p.m., until 2:30 p.m.

AFTERNOON SESSION
The House reconvened at 2:35 p.m., Speaker Corbett in the chair.
CONSIDERATION OF BILLS
Ways and Means Calendar
House File 2392, a bill for an act relating to permitting the
display of new motor trucks by nonresident motor vehicle dealers
at qualified events in this state, establishing a fee, and
providing an effective date, was taken up for consideration.
Larkin of Lee 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. 2392)

The ayes were, 91:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker 	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Cataldo 	Chiodo 	Churchill 
Cohoon 	Connors 	Cormack 	Dinkla 
Dix 	Doderer 	Dolecheck 	Dotzler 
Drees 	Eddie 	Falck 	Fallon 
Foege 	Frevert 	Garman 	Gipp 
Greig 	Greiner 	Gries 	Grundberg 
Hahn 	Heaton 	Holmes 	Houser
Huseman 	Huser 	Jacobs 	Jenkins 
Jochum 	Kinzer 	Klemme 	Koenigs 
Kreiman 	Kremer 	Lamberti 	Larkin 
Larson 	Lord 	Martin 	May 
Mertz 	Metcalf 	Millage 	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 	Weigel 	Welter 	Whitead 
Wise 	Witt 	Mr. Speaker
		  Corbett

The nays were, none.

Absent or not voting, 9:

Carroll 	Chapman 	Drake 	Ford 
Hansen 	Holveck 	Mascher 	Meyer
Moreland

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 2392 be immediately messaged to the Senate.
Appropriations Calendar
House File 2395, a bill for an act relating to and making
supplemental and other appropriations for the fiscal year
beginning July 1, 1997, and providing an effective date, was
taken up for consideration.
The House stood at ease at 2:43 p.m., until the fall of the
gavel.

The House resumed session at 4:00 p.m., Speaker Corbett in the
chair.
Larkin of Lee asked and received unanimous consent that
amendment H-8128 be deferred.
Huser of Polk offered the following amendment H-8133 filed by
her and Lamberti of Polk:

H-8133

 1     Amend House File 2395 as follows:
 2     1.  Page 2, line 2, by inserting after the word
 3   "prisoners" the following:  "provided the lease
 4   negotiated with the private corporation shall be in
 5   accordance with section 904.809 and, if the property
 6   is totally or partially exempt from property taxation,
 7   the lease shall require the private corporation to
 8   make payments in lieu of property taxes to the
 9   applicable local government in an amount equal to the
10   amount of tax moneys that would be collected for that
11   local government if the property was not exempt".
Lamberti of Polk offered the following amendment H-8147, to
amendment H-8133, filed by him and Huser of Polk from the floor
and moved its adoption:

H-8147

 1     Amend the amendment, H-8133, to House File 2395, as
 2   follows:
 3     1.  Page 1, line 3, by inserting after the word
 4   "lease" the following:  "or contract".
 5     2.  Page 1, by striking line 7, and inserting the
 6   following:  "the terms of the lease or contract shall
 7   require the private corporation or the department to".
 8     3.  Page 1, line 9, by inserting after the word
 9   "amount" the following:  "determined by the department
10   based upon criteria which shall include, but is not
11   limited to, the investment amount required of the
12   private corporation to use the building space, up to a
13   maximum amount which is".
14     4.  Page 1, line 11, by inserting after the word
15   "exempt" the following:  ", and provided further that
16   at least twenty-one calendar days prior to the signing
17   of any lease for the building space or a contract for
18   the use of prisoner labor in the building space, the
19   department shall notify the chairpersons and ranking
20   members of the general assembly's joint appropriations
21   subcommittee on the justice system of the name of the
22   person entering into the lease or contract and the
23   terms of the lease or contract".
Amendment H-8147, to amendment H-8133, was adopted.
Huser of Polk moved the adoption of amendment H-8133, as amended.
Amendment H-8133, as amended, lost.
Huser of Polk offered the following amendment H-8134 filed by
her and moved its adoption:

H-8134

 1     Amend House File 2395 as follows:
 2     1.  Page 2, line 2, by inserting after the word
 3   "prisoners" the following:  ", provided that at least
 4   twenty-one calendar days prior to the signing of any
 5   lease for the building space or a contract for use of
 6   prisoner labor in the building space, the department
 7   shall notify the chairpersons and ranking members of
 8   the general assembly's joint appropriations
 9   subcommittee on the justice system of the name of the
10   person entering into the lease or contract, the number
11   of prisoners to be employed, and the hourly wage
12   allowances to be paid".
Amendment H-8134 lost.
Taylor of Linn offered the following amendment H-8135 filed by
him and moved its adoption:

H-8135

 1     Amend House File 2395 as follows:
 2     1.  Page 2, line 2, by inserting after the word
 3   "prisoners" the following:  ", provided that any
 4   shortfall in budgeted revenues to be recouped by a
 5   correctional facility from inmate work earnings shall
 6   not be covered by failing to fill authorized
 7   correctional officer positions".
Sukup of Franklin in the chair at 4:38 p.m.
Roll call was requested by Taylor of Linn and Falck of  Fayette.
Rule 75 was invoked.
On the question "Shall amendment H-8135 be adopted?" (H.F. 2395)

The ayes were, 47:

Bell 	Bernau 	Boddicker 	Brand 
Bukta 	Burnett 	Cataldo 	Chiodo 
Cohoon 	Connors 	Doderer 	Dotzler 
Drees 	Falck 	Fallon 	Foege 
Ford 	Frevert 	Garman 	Heaton 
Holveck 	Huser 	Jochum 	Kinzer 
Koenigs 	Kreiman 	Larkin 	Mascher 
May 	Mertz 	Mundie 	Murphy 
Myers 	O'Brien 	Osterhaus 	Reynolds-Knight 
Richardson 	Scherrman 	Schrader 	Shoultz 
Taylor 	Thomas 	Warnstadt 	Weigel 
Whitead 	Wise 	Witt 

The nays were, 50:

Arnold 	Barry 	Blodgett 	Boggess 
Bradley 	Brauns 	Brunkhorst 	Churchill 
Corbett, Spkr. 	Cormack 	Dinkla 	Dix 
Dolecheck 	Drake 	Eddie 	Gipp 
Greig 	Greiner 	Gries 	Grundberg 
Hahn 	Hansen 	Holmes 	Houser 
Huseman 	Jacobs 	Jenkins 	Klemme 
Kremer 	Lamberti 	Larson 	Lord 
Martin 	Metcalf 	Meyer 	Millage 
Nelson 	Rants 	Rayhons 	Siegrist 
Teig 	Thomson 	Tyrrell 	Van Fossen 
Van Maanen 	Vande Hoef 	Veenstra 	Weidman 
Welter 	Sukup,
	  Presiding

Absent or not voting, 3:

Carroll 	Chapman 	Moreland 

Amendment H-8135 lost.

Taylor of Linn asked and received unanimous consent that
amendment H-8136 be deferred.
Huser of Polk asked and received unanimous consent to withdraw
amendment H-8142 filed by Warnstadt of Woodbury on February 27,
1998.
Murphy of Dubuque offered the following amendment H-8130 filed
by him and moved its adoption:

H-8130

 1     Amend House File 2395 as follows:
 2     1.  By striking page 1, line 31, through page 2,
 3   line 7.
 4     2.  By renumbering as necessary.
Roll call was requested by Siegrist of Pottawattamie and Van
Fossen of Scott.
On the question "Shall amendment H-8130 be adopted?" (H.F. 2395)

The ayes were, 42:

Bell 	Bernau 	Brand 	Bukta 
Burnett 	Chiodo 	Cohoon 	Connors 
Doderer 	Dotzler 	Drees 	Falck 
Fallon 	Foege 	Ford 	Frevert 
Holveck 	Huser 	Jochum 	Kinzer 
Koenigs 	Larkin 	Mascher 	May 
Mertz 	Mundie 	Murphy 	Myers 
O'Brien 	Osterhaus 	Reynolds-Knight 	Richardson
Scherrman 	Schrader 	Shoultz 	Taylor 
Thomas 	Warnstadt 	Weigel 	Whitead 
Wise 	Witt 

The nays were, 54:

Arnold 	Barry 	Blodgett 	Boddicker 
Boggess 	Bradley 	Brauns 	Brunkhorst 
Churchill 	Corbett, Spkr. 	Cormack 	Dinkla 
Dix 	Dolecheck 	Drake 	Eddie 
Garman 	Gipp 	Greig 	Greiner 
Gries 	Grundberg 	Hahn 	Hansen 
Heaton	Holmes 	Houser 	Huseman 
Jacobs 	Jenkins 	Klemme 	Kreiman 
Kremer 	Lamberti 	Larson 	Lord 
Martin 	Metcalf 	Meyer 	Millage 
Nelson 	Rants 	Rayhons 	Siegrist 
Teig 	Thomson 	Tyrrell 	Van Fossen 
Van Maanen 	Vande Hoef 	Veenstra 	Weidman 
Welter 	Sukup,
	  Presiding

Absent or not voting, 4:

Carroll 	Cataldo 	Chapman 	Moreland

 Amendment H-8130 lost.
Falck of Fayette offered the following amendment H-8129 filed by
Falck, et al.:

H-8129

 1     Amend House File 2395 as follows:
 2     1.  Page 2, line 17, by striking the figure
 3   "616,000" and inserting the following:  "900,000".
Jacobs of Polk offered the following amendment H-8148, to
amendment H-8129, filed by her from the floor and moved its
adoption:

H-8148

 1     Amend the amendment, H-8129, to House File 2395 as
 2   follows:
 3     1.  Page 1, line 3, by striking the figure
 4   "900,000" and inserting the following:  "720,000".
Amendment H-8148, to amendment H-8129, was adopted.
Falck of Fayette asked and received unanimous consent that
amendment H-8129, as amended, be deferred.
Osterhaus of Jackson offered the following amendment H-8132
filed by Osterhaus, et al., and moved its adoption:

H-8132

 1     Amend House File 2395 as follows:
 2     1.  Page 2, by inserting after line 32 the
 3   following:
 4     "Sec. ___.  CHILD HEALTH CARE PROGRAM.  There is
 5   appropriated from the general fund of the state to the
 6   department of human services for the fiscal year
 7   beginning July 1, 1997, and ending June 30, 1998, the
 8   following amount, or so much thereof as is necessary,
 9   to be used for the purpose designated:
10     For outreach and other costs for implementation of
11   the child health care program, including salaries,
12   support, maintenance, miscellaneous purposes, and for
13   not more than the following full-time equivalent
14   positions:
15  		 $	    500,000
16  		 FTEs	       6.00
17     Notwithstanding section 8.33, moneys appropriated
18   in this section which remain unexpended or unobligated
19   at the close of the fiscal year shall not revert to
20   the general fund of the state but shall remain
21   available for expenditure for the purpose designated
22   in the succeeding fiscal year."
23     2.  By renumbering as necessary.
Roll call was requested by Murphy of Dubuque and Doderer of
Johnson.
On the question "Shall amendment H-8132 be adopted?" (H.F. 2395)

The ayes were, 44:

Bell 	Bernau 	Brand 	Bukta 
Burnett 	Cataldo 	Chiodo 	Cohoon 
Connors 	Doderer 	Dotzler 	Drees 
Falck 	Fallon 	Foege 	Ford 
Frevert 	Holveck 	Huser 	Jochum 
Kinzer 	Koenigs 	Kreiman 	Larkin 
Mascher 	May 	Mertz 	Mundie 
Murphy 	Myers 	O'Brien 	Osterhaus 
Reynolds-Knight 	Richardson 	Scherrman 	Schrader 
Shoultz 	Taylor 	Thomas 	Warnstadt 
Weigel 	Whitead 	Wise 	Witt 

The nays were, 54:

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

Absent or not voting, 2:

Chapman 	Moreland 

Amendment H-8132 lost.
Millage of Scott offered the following amendment H-8125 filed by
him and moved its adoption:

H-8125

 1     Amend House File 2395 as follows:
 2     1.  Page 3, by inserting after line 17 the
 3   following:
 4     "Sec. ___.  JUDICIAL DEPARTMENT.  There is
 5   appropriated from the rebuild Iowa infrastructure fund
 6   to the judicial department for the fiscal year
 7   beginning July 1, 1997, and ending June 30, 1998, the
 8   following amount, or so much thereof as is necessary,
 9   to be used for the purpose designated:
10     For design and development of a new judicial
11   building:
12  		 $	  1,700,000
13     Notwithstanding section 8.33, unencumbered or
14   unobligated funds remaining on June 30, 2000, from the
15   funds appropriated in this section shall revert to the
16   rebuild Iowa infrastructure fund on August 31, 2000."
17     2.  By renumbering as necessary.
Amendment H-8125 was adopted.
Huser of Polk asked and received unanimous consent to withdraw
amendment H-8131 filed by her on February 26, 1998.
Larkin of Lee offered amendment H-8128 filed by him as follows:

H-8128

 1     Amend House File 2395 as follows:
 2     1.  Page 2, line 2, by inserting after the word
 3   "prisoners" the following:  ", provided that any
 4   requirement applicable to the general population of a
 5   correctional facility, including but not limited to a
 6   general lock down, shall apply without exception to
 7   the prisoners working in these buildings and in other
 8   work programs employing prisoners".
Larkin of Lee offered the following amendment H-8150, to
amendment H-8128, filed by him from the floor and moved its
adoption:

H-8150

 1     Amend the amendment, H-8128, to House File 2395, as
 2   follows:
 3     1.  Page 1, line 8, by inserting after the word
 4   "prisoners" the following:  "under section 904.809".
Amendment H-8150, to amendment H-8128, was adopted.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Connors of Polk on request of Bell of Jasper.
Larkin of Lee moved the adoption of amendment H-8128, as amended.
A non-record roll call was requested.
The ayes were 46, nays 48.
Amendment H-8128, as amended, lost.
Taylor of Linn asked and received unanimous consent to withdraw
amendment H-8136 filed by him on February 28, 1998.
On motion by Falck of Fayette, amendment H-8129, as amended,
previously deferred, was adopted.
Millage of Scott moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 2395)

The ayes were, 55:

Arnold 	Barry 	Blodgett 	Boddicker 
Boggess 	Bradley 	Brauns 	Brunkhorst 
Carroll 	Churchill 	Corbett, Spkr. 	Cormack 
Dinkla 	Doderer 	Dolecheck 	Drake 
Eddie 	Gipp 	Greig 	Greiner 
Gries 	Hahn 	Hansen 	Heaton 
Holmes 	Houser 	Huseman 	Jacobs 
Jenkins 	Klemme 	Kreiman 	Kremer 
Lamberti 	Larson 	Lord 	Martin 
Metcalf 	Meyer 	Millage 	Mundie 
Myers 	Nelson 	Rants 	Rayhons 
Siegrist 	Teig 	Thomson 	Tyrrell 
Van Fossen 	Van Maanen 	Vande Hoef 	Veenstra 
Weidman 	Welter 	Sukup,
		  Presiding

The nays were, 41:

Bell 	Bernau 	Brand 	Bukta 
Burnett 	Cataldo 	Chiodo 	Cohoon 
Dix 	Dotzler 	Drees 	Falck 
Fallon 	Foege 	Ford 	Frevert 
Garman 	Holveck 	Huser 	Jochum 
Kinzer 	Koenigs 	Larkin 	Mascher 
May 	Mertz 	Murphy 	O'Brien 
Osterhaus 	Reynolds-Knight 	Richardson 	Scherrman 
Schrader 	Shoultz 	Taylor 	Thomas 
Warnstadt 	Weigel 	Whitead 	Wise 
Witt 

Absent or not voting, 4:

Chapman 	Connors 	Grundberg 	Moreland 

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 2395 be immediately messaged to the Senate.
INTRODUCTION OF BILLS
House File 2498, by committee on appropriations, a bill for an
act relating to and making appropriations to certain state
departments, agencies, funds, and certain other entities,
providing for regulatory authority, and other properly related
matters.
Read first time and placed on the appropriations calendar.
House File 2499, by committee on appropriations, a bill for an
act relating to and making transportation and other
infrastructure-related appropriations to the state department of
transportation and other state agencies, including allocation
and use of moneys from the general fund of the state, road use
tax fund, primary road fund, and the motorcycle rider education
fund, providing for the nonreversion of certain moneys, and
making statutory changes relating to appropriations.
Read first time and placed on the appropriations calendar.
House File 2500, by committee on education, a bill for an act
establishing a school ready children grant program to be
administered by community empowerment area boards and the Iowa
empowerment board, making an appropriation, and providing an
effective date.
Read first time and referred to committee on appropriations.
House File 2501, by committee on education, a bill for an act
relating to teachers' contracts and certification by the
national board for professional teaching standards, creating a
beginning teacher induction program, providing for the Act's
applicability, and making appropriations.
Read first time and referred to committee on appropriations.
House File 2502, by committee on local government , a bill for
an act relating to the statewide notification center and
providing for alternative staff and the information requirements
associated with the notice of an excavation.
Read first time and placed on the calendar.
House File 2503, by committee on local government, a bill for an
act relating to county vital statistics by providing for the
issuance of 
marriage licenses and eliminating the fee for county birth
registrations.
Read first time and placed on the calendar.
House File 2504, by committee on judiciary, a bill for an act
relating to the criminal penalties applicable to certain
offenses, by increasing and adding penalties for certain drug
offenses and increasing the penalty applicable to the crime of
voluntary absence from custody.
Read first time and placed on the calendar.
House File 2505, by committee on human resources, a bill for an
act relating to hepatitis type B immunizations of children and
providing an applicability provision and an effective date.
Read first time and placed on the calendar.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on March 2, 1998, passed the following bill in
which the concurrence of the House is asked:
Senate File 2109, a bill for an act relating to mobile home
dealers.
Also: That the Senate has on March 2, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2225, a bill for an act to legalize the proceedings
of the board of directors of the Sigourney Community School
District to sell certain school district property and providing
effective and retroactive applicability dates.
Also: That the Senate has on March 2, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2226, a bill for an act to extend the jurisdiction
of the juvenile court to include adoption and termination of
parental rights proceedings.
Also: That the Senate has on March 2, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2235, a bill for an act concerning judicial
administration.
Also: That the Senate has on March 2, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2267, a bill for an act concerning the release of
information by the department of transportation to investigators
in the department of inspections and appeals.
MARY PAT GUNDERSON, Secretary
HOUSE FILE 2125 WITHDRAWN
Warnstadt of Woodbury asked and received unanimous consent to
withdraw House File 2125 from further consideration by the House.
SENATE FILE 2189 PASSED ON FILE
The Speaker announced that Senate File 2189, previously referred
to committee on commerce and regulation was passed on file.
PRESENTATION OF VISITOR
Siegrist of Pottawattamie presented to the House the Honorable
Sue Mullins former representative from Kossuth County. 
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on March 2,
1998. Had I been present, I would have voted "aye" on House
Files 530 and 2331.
DRAKE of Pottawattamie
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on February 27, 1998, he approved and transmitted to the
Secretary of State the following bill:
House File 2002, an act to provide that persons convicted of
attempted murder serve at least eighty-five percent of the
sentence imposed and providing an effective date.
Also: That on March 2, 1998, he approved and transmitted to the
Secretary of State the following bill:
Senate File 2182, an act relating to the state fire marshal,
including the installation of automatic fire extinguishing
systems in new construction.

PROOF OF PUBLICATION
(Senate File 2225)
Published copy of Senate File 2225 and verified proof of
publication of said bill in the Sigourney News-Review, a weekly
newspaper printed and published in Keokuk County, Iowa on April
23, 1997, was filed with the Chief Clerk of the House prior to
the time said bill was placed on passage in the House.

SUBCOMMITTEE ASSIGNMENTS

Senate Joint Resolution 9

State Government: Jochum, Chair; Bradley and Nelson.
Senate File 466

Judiciary: Sukup, Chair; Boddicker and Moreland.

Senate File 2136

Judiciary: Kremer, Chair; Moreland and Sukup.

HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT

House Study Bill 692

Ways and Means: Rants, Chair; Bernau, Dix, Larson and Weigel.

HOUSE STUDY BILL COMMITTEE ASSIGNMENTS

H.S.B. 693 Appropriations 

Relating to the funding of, operation of, and appropriation of
moneys to the college student aid commission, the department of
cultural affairs, the department of education, and the state
board of regents, providing related statutory changes, and
providing an effective date.

H.S.B. 694 Appropriations 

Relating to state financial management by providing that lottery
revenues be transferred to the general fund of the state and
changing the date for calculating additional enrollment because
of special education under the state school aid program.

H.S.B. 695 Appropriations 

Relating to the compensation and benefits for public officials
and employees, providing for related matters, and making
appropriations.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON COMMERCE AND REGULATION
Committee Bill (Formerly House File 2368), establishing a
healthy and well kids in Iowa (HAWK-I) program to provide health
insurance to eligible children.
Fiscal Note is not required.
Recommended Amend and Do Pass February 26, 1998.
Committee Bill (Formerly House Study Bill 685), establishing the
Iowaccess system and providing for an appropriation.
Fiscal Note is not required.
Recommended Amend and Do Pass February 26, 1998.
COMMITTEE ON HUMAN RESOURCES
House File 2251, a bill for an act relating to public health by
providing for the regulation of body piercing and providing a
penalty.
Fiscal Note is not required.
Recommended Do Pass February 26, 1998.
House File 2348, a bill for an act relating to institutions and
facilities administered by the department of human services and
to similar and related services.
Fiscal Note is not required.
Recommended  Amend and Do Pass with amendment H-8149 February
26, 1998.
House File 2350, a bill for an act relating to the voluntary
admission and release of persons suffering from dementia or a
dementia-related illness to inpatient psychiatric treatment.
Fiscal Note is not required.
Recommended Do Pass February 26, 1998.
House File 2425, a bill for an act relating to the provision of
a dispute resolution process applicable to controversies and to
final decisions in contested cases to which the department of
human services is a party.
Fiscal Note is not required.
Recommended Do Pass February 26, 1998.
Committee Bill (Formerly House Study Bill 559), relating to
hepatitis type B immunizations of children and providing an
applicability provision and an effective date.
Fiscal Note is not required.
Recommended Do Pass February 26, 1998.
Committee Bill (Formerly House Study Bill 610), providing for
mandatory licensure for marital and family therapists and mental
health counselors, establishing transition provisions, removing
frequency requirements regarding board of behavioral science
examiners' meetings, and providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass February 26, 1998.
Committee Bill (Formerly House Study Bill 652), relating to
medical assistance including transfer of assets, interest on
medical assistance debt, and probate procedures relative to
medical assistance debt.
Fiscal Note is not required.
Recommended Do Pass February 26, 1998.
Committee Bill (Formerly House Study Bill 683), providing for a
review of juvenile justice provisions involving child protection
by the citizens' aide and providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass February 26, 1998.
COMMITTEE ON JUDICIARY
House File 663, a bill for an act relating to the disposition of
property forfeited to the state.
Fiscal Note is not required.
Recommended Do Pass February 26, 1998.
COMMITTEE ON LOCAL GOVERNMENT
Committee Bill (Formerly House File 2346), creating an indemnity
fund for county mental health, mental retardation, and
developmental disabilities service costs, making appropriations,
and providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass February 26, 1998.
Committee Bill (Formerly House File 2367), relating to mental
health, developmental disability, and substance abuse service
provisions involving medical assistance reimbursement and legal
settlement for age-related requirements of county management
plans, and including an applicability provision and an effective
date.
Fiscal Note is not required.
Recommended Amend and Do Pass February 26, 1998.
Committee Bill (Formerly House File 2449), creating an Iowa
empowerment board for managing state and community efforts
involving community empowerment areas and providing effective
dates.
Fiscal Note is not required.
Recommended Amend and Do Pass February 26, 1998.
AMENDMENTS FILED

H_8143	H.F.	299	Wise of Lee
H_8144	H.F.	223	Myers of Johnson
H_8145	H.F.	2005	O'Brien of Boone
H_8146	H.F.	2335	Greiner of Washington
H_8149	H.F.	2348	Committee on Human
				  Resources
H_8151	H.F.	2101	O'Brien of Boone
H_8152	H.F.	2494	Wise of Lee
	Bell of Jasper		Falck of Fayette
	Larkin of Lee		May of Worth
	Mertz of Kossuth		O'Brien of Boone
	Thomas of Clayton
H_8153	H.C.R.	15	Gries of Crawford
				Wise of Lee
H_8154	H.F.	2444	Holveck of Polk
				Boggess of Taylor
				Churchill of Polk
H_8155	H.F.	2101	Chiodo of Polk
H_8156	H.F.	2340	Doderer of Johnson
				Grundberg of Polk
On motion by Siegrist of Pottawattamie, the House adjourned at
6:33 p.m., until 8:45 a.m., Tuesday,  March 3, 1998.

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