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Fifty-first Calendar Day - Thirty-fourth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, March 3, 1998
The House met pursuant to adjournment at 8:45 a.m., Speaker
Corbett in the chair.
Prayer was offered by Father John McLaughlin, Holy Trinity Roman
Catholic Church, Des Moines.
The Journal of Monday, March 2, 1998 was approved.
INTRODUCTION OF BILLS
House File 2506, by committee on natural resources, a bill
for an act relating to the taking of mussels from the waters of
this state and providing an effective date.
Read first time and placed on the calendar.
House File 2507, by committee on local government, a bill
for an act creating an Iowa empowerment board for managing state
and community efforts involving community empowerment areas and
providing effective dates.
Read first time and placed on the calendar.
House File 2508, by committee on local government, a bill
for an act relating to condemnation of agricultural land for
economic development purposes, providing for the Act's
applicability, and providing an effective date.
Read first time and placed on the calendar.
House File 2509, by committee on human resources, a bill for
an act relating to medical assistance including transfer of
assets, interest on medical assistance debt, and probate
procedures relative to medical assistance debt.
Read first time and placed on the calendar.
House File 2510, by committee on natural resources, a bill
for an act requesting an interim study conference of the loess
hills areas of this state.
Read first time and placed on the calendar.
House File 2511, by committee on environmental protection, a
bill for an act relating to waste tires and tire-derived fuels.
Read first time and placed on the calendar.
House File 2512, by committee on judiciary, a bill for an
act to provide a penalty for the theft or redemption of stolen
lottery tickets.
Read first time and placed on the calendar.
House File 2513, by committee on ways and means, a bill for
an act relating to the individual income tax by eliminating the
taxation of certain capital gains and providing special
treatment of gains from the sales of businesses to descendants,
increasing the amount of pension income excluded, increasing
certain personal exemption tax credits, and increasing and
expanding the tuition and textbook tax credit, exempting sales
and services to certain nonprofit hospitals from the sales,
services, and use taxes, and relating to the income eligibility
requirements for the homestead property tax credit, mobile home
tax credit, or reimbursement for rent constituting property
taxes paid, and including effective and prospective and
retroactive applicability date provisions.
Read first time and placed on the ways and means calendar.
House File 2514, by committee on transportation, a bill for
an act relating to motor vehicle operation and motor vehicles,
carriers and motor trucks, and penalties and hazardous
materials, including weight requirements and transportation of
hazardous materials, and providing an effective date.
Read first time and placed on the calendar.
House File 2515, by committee on labor and industrial
relations, a bill for an act relating to workers' compensation
by repealing the second injury compensation Act, eliminating the
second injury fund, providing for the resolution of claims
against the fund to include the imposition of an employer
surcharge, providing for employee compensation for certain
subsequent injuries, and providing an effective date.
Read first time and placed on the calendar.
House File 2516, by committee on human resources, a bill for
an act 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.
Read first time and placed on the calendar.
House File 2517, by committee on commerce and regulation, a
bill for an act establishing a healthy and well kids in Iowa
(HAWK-I) program to provide health insurance to eligible
children.
Read first time and placed on the calendar.
House File 2518, by committee on human resources, a bill for
an act providing for monitoring and review of state officials,
employees, and judicial compliance with requirements under law
and providing an effective date.
Read first time and placed on the calendar.
SENATE MESSAGES CONSIDERED
Senate File 2225, by committee on judiciary, 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.
Read first time and referred to committee on judiciary.
Senate File 2226, by committee on judiciary, a bill for an
act to extend the jurisdiction of the juvenile court to include
adoption and termination of parental rights proceedings.
Read first time and referred to committee on judiciary.
Senate File 2235, by committee on judiciary, a bill for an
act concerning judicial administration.
Read first time and passed on file.
On motion by Siegrist of Pottawattamie, the House was recessed
at 8:53 a.m., until 10:30 a.m.
LATE MORNING SESSION
The House reconvened at 10:35 a.m., Speaker pro tempore
Van Maanen of Marion in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-five members present,
thirty-five absent.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Veenstra of Sioux on request of Speaker Corbett; Chapman of Linn
on request of Jochum of Dubuque.
INTRODUCTION OF BILLS
House File 2519, by committee on local government, a bill
for an act relating to county mental health, mental retardation,
and developmental disabilities service funding, allocating an
appropriation, and providing effective dates.
Read first time and referred to committee on appropriations.
House File 2520, by committee on local government, a bill
for an act relating to mental health, developmental disability,
and substance abuse service and payment provisions, providing a
penalty, and including an applicability provision and an
effective date.
Read first time and placed on the calendar.
House File 2521, by committee on transportation, a bill for
an act specifying lighting equipment for snowplows, regulating
snowplow operations, and making penalties applicable.
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, adopted the following
resolution in which the concurrence of the House is asked:
Senate Concurrent Resolution 106, a concurrent resolution
designating March 1998 as Iowa Women's History Month.
Also: That the Senate has on March 3, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 347, a bill for an act relating to the disposal of
public nuisances seized by the department of natural resources.
Also: That the Senate has on March 3, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2259, a bill for an act relating to search warrant
applications.
Also: That the Senate has on March 3, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2310, a bill for an act relating to professional
engineering licensure requirements for applicants with certain
educational qualifications.
Also: That the Senate has on March 3, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2338, a bill for an act relating to the entities
responsible for assisting in international adoptions.
Also: That the Senate has on March 2, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2366, a bill for an act relating to the licensing
and employment of practitioners and the school districts
employing them, making appropriations, and including retroactive
applicability and effective date provisions.
MARY PAT GUNDERSON, Secretary
SENATE MESSAGES CONSIDERED
Senate File 2109, by Borlaug, a bill for an act relating to
mobile home dealers.
Read first time and passed on file.
Senate File 2267, by committee on state government, a bill
for an act concerning the release of information by the
department of transportation to governmental employees.
Read first time and passed on file.
CONSIDERATION OF BILLS
Ways and Means Calendar
House File 2374, a bill for an act exempting sales made to and
services performed for organ procurement organizations from the
state sales, services, and use taxes, was taken up for
consideration.
Drake of Pottawattamie 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. 2374)
The ayes were, 97:
Arnold Barry Bell Bernau Blodgett Boddicker Boggess
Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll
Cataldo Churchill Cohoon Connors Corbett, Spkr. Cormack
Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie
Falck Fallon Foege Ford Frevert Garman Gipp 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 Rants Rayhons Reynolds-Knight
Richardson Scherrman Schrader Shoultz Siegrist Sukup
Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef
Warnstadt Weidman Weigel Welter Whitead Wise Witt Van
Maanen,
Presiding
The nays were, none.
Absent or not voting, 3:
Chapman Chiodo Veenstra
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Regular Calendar
House File 2444, a bill for an act relating to annual reports,
audits, and board of director composition of nonprofit
corporations created by or in association with the Iowa finance
authority and providing effective dates, was taken up for
consideration.
Holveck of Polk offered the following amendment H-8154 filed by
Holveck, et al., and moved its adoption:
H-8154
1 Amend House File 2444 as follows:
2 1. Page 1, line 8, by inserting after the word
3 "two" the following: "nonvoting ex-officio".
4 2. Page 1, line 18, by inserting after the word
5 "assisted," the following: "project fees received,".
6 3. Page 1, line 27, by inserting after the word
7 "members." the following: "The information submitted
8 pursuant to this paragraph shall include the
9 compensation received, including salary and benefits,
10 received by each employee and board member."
Amendment H-8154 was adopted.
Boggess of Taylor 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. 2444)
The ayes were, 96:
Arnold Barry Bell Bernau Blodgett Boddicker Boggess
Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll
Cataldo Churchill Cohoon Connors Corbett, Spkr. Cormack
Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie
Falck Fallon Foege Ford Frevert Garman Gipp Greig
Greiner Gries Grundberg Hahn Hansen 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 Rants Rayhons
Reynolds-Knight Richardson Scherrman Schrader Shoultz
Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van
Fossen Vande Hoef Warnstadt Weidman Weigel Welter Whitead
Wise Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 4:
Chapman Chiodo Heaton Veenstra
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House Files 2374 and 2444.
Speaker Corbett in the chair at 10:56 a.m.
Special Order Calendar
House File 681, a bill for an act creating an environmental
audit privilege and providing penalties, with report of
committee recommending amendment and passage, was taken up for
consideration.
The House stood at ease at 11:08 a.m., until the fall of the
gavel.
The House resumed session at 12:00 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
On motion by Siegrist of Pottawattamie, the House was recessed
at 12:02 p.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:00 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
Gipp of Winneshiek asked and received unanimous consent that
House File 681 be temporarily deferred and that the bill retain
its place on the calendar.
ADOPTION OF SENATE CONCURRENT RESOLUTION 106
Gipp of Winneshiek asked and received unanimous consent for the
immediate consideration of Senate Concurrent Resolution 106, a
concurrent resolution designating March 1998 as Iowa Women's
History Month.
Holveck of Polk moved the adoption of the resolution.
The motion prevailed and the resolution was adopted.
SPECIAL PRESENTATION
In celebration of "March Women's History Month", the Iowa
Commission on the Status of Women, the Iowa Department of
Education and the State Historical Society of Iowa has sponsored
a "Write Women Back Into History" essay contest. Holveck of Polk
and Grundberg of Polk presented the following winners of the
contest:
Sixth and Seventh Grade Category
First Place _ Jessica Moser, St. Mary School, Guttenberg.
Second Place _ Sarah Maahs, Ames Middle School, Ames.
Third Place _ Andrea Roberts, Parnell Elementary School, Parnell.
Eighth and Ninth Grade Category
First Place _ Elizabeth Reicks, Turkey Valley Community School,
Jackson Junction.
Second Place _ Stephanie Gallegos, IKM Middle School, Irwin.
Third Place _ Amanda Jo Miller, Red Oak Community High School,
Red Oak.
Best Essay on a Woman in a Nontraditional Career Award
Heidi Hanel, Marion High School, Marion.
Best Essays on Women in Science and Engineering
First Place _ Melinda Padley, Linn-Mar High School, Marion.
Second Place _ Meghan Minner, Roland-Story Middle School, Story
City.
Edith Rose Murphy Sackett Award on the
Best Essay on a Woman Volunteer
Craig Winger, Jefferson Junior High School, Dubuque.
HOUSE CONCURRENT RESOLUTION 111 WITHDRAWN
Grundberg of Polk asked and received unanimous consent to
withdraw House Concurrent Resolution 111 from further
consideration by the House.
CONSIDERATION OF BILLS
Regular Calendar
House File 2336, a bill for an act relating to the assumption of
risk by and liability of forcible felons and persons aiding and
abetting in the commission of forcible felonies for damages
resulting from the offenders' criminal conduct, was taken up for
consideration.
Lamberti of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 2336)
The ayes were, 93:
Arnold Barry Bell Bernau Blodgett Boddicker Boggess
Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo
Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack
Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie
Falck Foege Frevert 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 Moreland
Mundie Murphy Myers Nelson O'Brien Osterhaus 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, 1:
Fallon
Absent or not voting, 6:
Brand Chapman Ford Garman Holveck Rants
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 2030 WITHDRAWN
Lamberti of Polk asked and received unanimous consent to
withdraw House File 2030 from further consideration by the House.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2336 be immediately messaged to the Senate.
House File 2340, a bill for an act relating to the inclusion of
dentists in the volunteer health care provider program, was
taken up for consideration.
Doderer of Johnson offered the following amendment H-8156 filed
by her and Grundberg of Polk and moved its adoption:
H-8156
1 Amend House File 2340 as follows:
2 1. Page 1, by inserting after line 28 the
3 following:
4 "Sec. ___. Section 135.24, subsection 2, Code
5 1997, is amended by adding the following new
6 paragraph:
7 NEW PARAGRAPH. c. Identification of the medical
8 services to be provided under the program. The
9 medical services provided shall include obstetrical
10 and gynecological medical services."
11 2. Title page, line 1, by inserting after the
12 word "dentists" the following: "and certain other
13 medical specialists".
14 3. By renumbering as necessary.
Amendment H-8156 was adopted.
Dinkla of Guthrie moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2340)
The ayes were, 95:
Arnold Barry Bell Bernau Blodgett Boddicker Boggess
Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll
Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr.
Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege Frevert 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, 5:
Chapman Ford Garman Holveck
Moreland
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 2340 be immediately messaged to the Senate.
Special Order Calendar
The House resumed consideration of House File 681, a bill for an
act creating an environmental audit privilege and providing
penalties, temporarily deferred.
Bradley of Clinton offered amendment H-8054 filed by the
committee on environmental protection as follows:
H-8054
1 Amend House File 681 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. NEW SECTION. 455J.1 TITLE.
5 This chapter shall be known and cited as the
6 "Environmental Audit Privilege and Immunity Act".
7 Sec. 2. NEW SECTION. 455J.2 DEFINITIONS.
8 As used in this chapter, unless the context
9 otherwise requires:
10 1. "Department" means the department of natural
11 resources created under section 455A.2.
12 2. "Environmental audit" means a voluntary
13 evaluation of a facility or operation, of an activity
14 at a facility or operation, or of an environmental
15 management system at a facility or operation, which is
16 regulated under local, state, or federal environmental
17 laws, rules, ordinances, or permits, conducted by an
18 owner or operator, an employee of the owner or
19 operator, or an independent contractor that is
20 designed to identify historical or current
21 noncompliance, discover environmental contamination or
22 hazards, remedy noncompliance or improve compliance
23 with environmental laws, or improve an environmental
24 management system. Once initiated, an environmental
25 audit shall be completed within a reasonable time not
26 to exceed six months unless an extension is approved
27 by the governmental entity with regulatory authority
28 over the regulated facility or operation based on
29 reasonable grounds.
30 3. "Environmental audit report" means a document
31 or set of documents generated as a result of an
32 environmental audit. An "environmental audit report"
33 includes supporting information which may include, but
34 is not limited to, the report document itself,
35 observations, samples, analytical results, exhibits,
36 findings, opinions, suggestions, recommendations,
37 conclusions, drafts, memoranda, drawings, photographs,
38 computer-generated or electronically recorded
39 information, maps, charts, graphs, surveys,
40 implementation plans, interviews, discussions,
41 correspondence, and communications related to the
42 environmental audit, if the supporting information and
43 documents are generated and developed for the primary
44 purpose and in the course of or as a result of
45 conducting an environmental audit. An "environmental
46 audit report" may include any of the following
47 components:
48 a. A report prepared by the person conducting the
49 environmental audit, which may include the scope of
50 the environmental audit, the information gained in the
Page 2
1 environmental audit, conclusions, recommendations,
2 exhibits, and appendices.
3 b. Memoranda and documents analyzing portions or
4 all of the report and discussing implementation
5 issues.
6 c. An implementation plan which addresses
7 correcting past noncompliance, improving current
8 compliance or an environmental management system, or
9 preventing future noncompliance.
10 d. Periodic updates documenting progress in
11 completing the implementation plan.
12 4. "Inquiring party" means any party appearing
13 before a court or a presiding officer in an
14 administrative proceeding seeking to review or obtain
15 an in camera review of an environmental audit report.
16 5. "Owner or operator" means the person or entity
17 who caused the environmental audit to be undertaken.
18 6. "Privilege" means the privilege provided to an
19 environmental audit report as provided in this
20 chapter.
21 Sec. 3. NEW SECTION. 455J.3 PRIVILEGE.
22 1. An environmental audit report is privileged and
23 confidential and is not discoverable or admissible as
24 evidence in any civil or administrative proceeding,
25 except as otherwise provided in this chapter. The
26 environmental audit report shall be labeled
27 "ENVIRONMENTAL AUDIT REPORT: PRIVILEGED DOCUMENT", or
28 labeled with words of similar import. Failure to
29 label each document does not constitute a waiver of
30 the environmental audit privilege or create a
31 presumption that the privilege does or does not apply.
32 2. A person shall not be compelled to testify or
33 produce a document related to an environmental audit
34 in any of the following circumstances:
35 a. If the testimony or document discloses any
36 component listed in section 455J.2, subsection 3, that
37 was made as part of the preparation of an
38 environmental audit report and that is addressed in a
39 privileged part of an environmental audit report.
40 b. If the person is any of the following:
41 (1) A person who conducted any portion of the
42 environmental audit but did not personally observe the
43 physical events of an environmental violation.
44 (2) A person to whom the results of the
45 environmental audit report are disclosed under section
46 455J.4, subsection 2.
47 (3) A custodian of the environmental audit report.
48 3. A person who conducts or participates in the
49 preparation of an environmental audit report and who
50 has observed physical events of an environmental
Page 3
1 violation may testify about those events but shall not
2 be compelled to testify about or produce documents
3 related to the preparation of or any privileged part
4 of an environmental audit or any component listed in
5 section 455J.2, subsection 3.
6 4. An employee of a state agency or other
7 governmental employee shall not request, review, or
8 otherwise use an environmental audit report during an
9 agency inspection of a regulated facility or
10 operation, or an activity of a regulated facility or
11 operation.
12 5. A party asserting the privilege under this
13 section has the burden of establishing the
14 applicability of the privilege.
15 6. The privilege provided in this section is in
16 addition to the privilege provided to assistance
17 programs pursuant to section 455B.484A.
18 Sec. 4. NEW SECTION. 455J.4 WAIVER OF PRIVILEGE
19 - DISCLOSURE.
20 1. The privilege described in section 455J.3 shall
21 not apply to the extent that the privilege is
22 expressly waived by the owner or operator who prepared
23 the environmental audit report or caused the report to
24 be prepared.
25 2. Disclosure of an environmental audit report or
26 any information generated by an environmental audit
27 does not waive the privilege established in section
28 455J.3 if the disclosure meets any of the following
29 criteria:
30 a. The disclosure is made to address or correct a
31 matter raised by the environmental audit and the
32 disclosure is made to any of the following:
33 (1) A person employed by the owner or operator,
34 including temporary and contract employees.
35 (2) A legal representative of the owner or
36 operator.
37 (3) An officer or director of the regulated
38 facility or operation or a partner of the owner or
39 operator.
40 (4) An independent contractor retained by the
41 owner or operator.
42 b. The disclosure is made under the terms of a
43 confidentiality agreement between the owner or
44 operator of the audited facility or operation and any
45 of the following:
46 (1) A partner or potential partner of the owner or
47 operator of the facility or operation.
48 (2) A transferee or potential transferee of the
49 facility or operation.
50 (3) A lender or potential lender for the facility
Page 4
1 or operation.
2 (4) A governmental official or agency of this
3 state.
4 (5) A person or entity engaged in the business of
5 insuring, underwriting, or indemnifying the facility
6 or operation.
7 3. A party to a confidentiality agreement
8 described in subsection 2, paragraph "b", who violates
9 that agreement is liable for damages caused by the
10 disclosure and for any other penalties stipulated in
11 the confidentiality agreement.
12 4. Information that is disclosed under subsection
13 2, paragraph "b", subparagraph (4), is confidential
14 and is not subject to disclosure under chapter 22. A
15 governmental entity, governmental employee, or
16 governmental official who discloses information in
17 violation of this subsection is subject to any penalty
18 provided in chapter 22.
19 5. The protections provided by federal or state
20 law shall be afforded to individuals who disclose
21 information to law enforcement authorities.
22 Sec. 5. NEW SECTION. 455J.5 REQUIRED DISCLOSURE.
23 1. A court or a presiding officer in an
24 administrative hearing may require disclosure of a
25 portion of an environmental audit report in a civil or
26 administrative proceeding if the court or presiding
27 officer affirmatively determines, after an in camera
28 review, that any of the following exists:
29 a. The privilege is asserted for a fraudulent
30 purpose.
31 b. The portion of the environmental audit report
32 is not subject to the privilege under section 455J.6.
33 c. The portion of the environmental audit report
34 shows evidence of noncompliance with a local, state,
35 or federal environmental or other law, rule,
36 ordinance, or permit condition and appropriate efforts
37 to achieve compliance with the law or ordinance were
38 not promptly initiated and pursued with reasonable
39 diligence after discovery of noncompliance.
40 2. A party seeking disclosure under this section
41 has the burden of proving that subsection 1 applies.
42 3. A decision of a presiding officer in an
43 administrative hearing under subsection 1 may be
44 directly appealed to the district court without
45 disclosure of the environmental audit report to any
46 person unless so ordered by the court.
47 4. A determination of a court under this section
48 is subject to interlocutory appeal to an appropriate
49 appellate court.
50 Sec. 6. NEW SECTION. 455J.6 MATERIALS NOT
Page 5
1 PRIVILEGED.
2 1. The privilege described in this chapter does
3 not apply to any of the following:
4 a. A document, communication, datum, report, or
5 other information required by a regulatory agency to
6 be collected, developed, retained, or reported under a
7 local, state, or federal environmental law, rule,
8 ordinance, or permit condition.
9 b. Information obtained by observation, sampling,
10 or monitoring by a regulatory agency or a regulatory
11 agency's authorized designee.
12 c. Information obtained from a source not involved
13 in the preparation of the environmental audit report.
14 2. This section does not limit the right of a
15 person to agree to conduct an environmental audit and
16 disclose an environmental audit report.
17 Sec. 7. NEW SECTION. 455J.7 REVIEW OF PRIVILEGED
18 DOCUMENTS.
19 1. If an environmental audit report is obtained,
20 reviewed, or used in a criminal proceeding, the
21 administrative and civil evidentiary privilege
22 established in this chapter is not waived or made
23 inapplicable for any purpose other than for the
24 criminal proceeding.
25 2. Notwithstanding the privilege established in
26 this chapter, a regulatory agency may review
27 information in an environmental audit report that is
28 required to be collected, developed, retained, or
29 reported under a specific local, state, or federal
30 law, rule, ordinance, or permit condition, but such
31 review does not waive or make the administrative and
32 civil evidentiary privilege inapplicable. A
33 regulatory agency shall not adopt a rule or impose a
34 condition that circumvents the purpose of this
35 chapter.
36 3. If information is required to be made available
37 to the public by operation of a specific local, state,
38 or federal law, rule, ordinance, or permit condition,
39 the governmental authority shall notify the person
40 claiming the privilege of the potential for public
41 disclosure prior to obtaining such information under
42 subsection 1 or 2.
43 4. If privileged information is disclosed under
44 subsection 2 or 3, on the motion of a party, a court
45 or the presiding officer in an administrative hearing
46 shall suppress evidence offered in any civil or
47 administrative proceeding that arises or is derived
48 from review, disclosure, or use of information
49 obtained under this section if the review, disclosure,
50 or use is not authorized under section 455J.6. A
Page 6
1 party having received information under subsection 2
2 or 3 has the burden of proving that the evidence
3 offered did not arise and was not derived from the
4 review of privileged information.
5 Sec. 8. NEW SECTION. 455J.8 VOLUNTARY DISCLOSURE
6 OF ENVIRONMENTAL VIOLATION - IMMUNITY.
7 1. An owner or operator is eligible for immunity
8 under this section from the time the department
9 receives official notification from the owner or
10 operator of a scheduled environmental audit. An owner
11 or operator is immune from any administrative or civil
12 penalty associated with the issues disclosed if the
13 owner or operator makes a prompt voluntary disclosure
14 to the department regarding an environmental violation
15 which is discovered through the environmental audit.
16 The owner or operator shall provide a timetable for
17 submitting a remediation schedule to the department
18 and information supporting the claim that the
19 disclosure is voluntary at the time that the
20 disclosure is made to the department. The owner or
21 operator creates a rebuttable presumption that the
22 disclosure is voluntary by providing such information
23 at the time of disclosure. To rebut the presumption
24 that a disclosure is voluntary, the department or
25 other party has the burden of proving that the
26 disclosure was not voluntary. Immunity is not
27 provided if the violations of local, state, or federal
28 environmental law, rule, ordinance, or permit
29 condition are intentional or if the violations of
30 local, state, or federal law, rule, ordinance, or
31 permit condition resulted in substantial actual injury
32 or imminent and substantial risk of injury to persons,
33 property, or the environment.
34 2. The disclosure of information is voluntary if
35 all of the following circumstances exist:
36 a. The disclosure arises out of an environmental
37 audit and relates to privileged information as
38 provided in section 455J.3.
39 b. The person making the disclosure uses
40 reasonable efforts to pursue compliance and corrects
41 the noncompliance within a reasonable period of time
42 after completion of the environmental audit in
43 accordance with a remediation schedule approved by the
44 department. If evidence shows that the noncompliance
45 is due to the failure to obtain a permit, reasonable
46 effort may be demonstrated by the submittal of a
47 complete permit application within a reasonable time.
48 Disclosure of information required to be reported by
49 local, state, or federal law, rule, ordinance, or
50 permit condition is not considered to be voluntary
Page 7
1 disclosure and the immunity provisions in this section
2 are not applicable.
3 c. Environmental violations are identified in an
4 environmental audit report and disclosed before there
5 is notice of a citizen suit or a legal complaint by a
6 third party.
7 d. Environmental violations are identified in an
8 environmental audit report and disclosed before the
9 environmental violations are reported by any person
10 not involved in conducting the environmental audit or
11 to whom the environmental audit report was disclosed.
12 3. If an owner or operator has not provided the
13 department with notification of a scheduled
14 environmental audit prior to performing the audit, a
15 disclosure of information is voluntary if the
16 environmental violations are identified in an
17 environmental audit report and disclosed by certified
18 mail to the proper regulatory agency that has
19 jurisdiction over the disclosed violation prior to the
20 agency's commencement of an investigation.
21 4. If a person is required to make a disclosure
22 relating to a specific issue under a specific permit
23 condition or under an order issued by the department,
24 the disclosure is not voluntary with respect to that
25 issue.
26 5. Except as provided in this section, this
27 section does not impair the authority of the proper
28 regulatory agency to require a technical or remedial
29 action or to order injunctive relief.
30 6. Upon application to the department, the time
31 period within which a noncompliance item is corrected
32 under subsection 2 may be extended if it is not
33 practical to correct the noncompliance within the
34 reasonable period of time initially approved by the
35 department. The department shall not unreasonably
36 withhold the grant of an extension. If the department
37 denies an extension, the department shall provide the
38 requesting party with a written explanation of the
39 reasons for the denial. A request for de novo review
40 of the department's decision may be made to the
41 appropriate court.
42 7. Immunity provided under this section from
43 administrative or civil penalties does not apply under
44 any of the following circumstances:
45 a. If an owner or operator of the facility or
46 operation has been found in a civil or administrative
47 proceeding to have committed serious violations in
48 this state that constitute a pattern of continuous or
49 repeated violations of environmental laws,
50 administrative rules, permit conditions, settlement
Page 8
1 agreements, or orders on consent, final orders, or
2 judicial orders and that were due to separate and
3 distinct events giving rise to the violations within
4 the three-year period prior to the date of disclosure,
5 or if under another provision of law an owner or
6 operator of a facility or operation is subject to
7 classification as a repeat or habitual violator.
8 b. If a violation of an environmental law,
9 administrative rule, permit condition, settlement
10 agreement, or order on consent, final order, or
11 judicial order results in a substantial economic
12 benefit which gives the violator a clear advantage
13 over its business competitors.
14 8. In cases where the conditions of a voluntary
15 disclosure are not met but a good faith effort was
16 made to voluntarily disclose and resolve a violation
17 detected in an environmental audit, the state and
18 local regulatory authorities shall consider the nature
19 and extent of any good faith effort in deciding the
20 appropriate enforcement response and shall consider
21 reducing any administrative or civil penalties based
22 on mitigating factors showing that one or more of the
23 conditions for voluntary disclosure have been met.
24 9. The immunity provided by this section does not
25 abrogate the responsibility of a person as provided by
26 applicable law to correct the violation, conduct
27 necessary remediation, or respond to third-party
28 actions.
29 Sec. 9. NEW SECTION. 455J.9 ABROGATION OF OTHER
30 PRIVILEGES.
31 This chapter shall not limit, waive, or abrogate
32 the scope or nature of any statutory or common-law
33 privilege, including the work product doctrine and the
34 attorney-client privilege.
35 Sec. 10. NEW SECTION. 455J.10 ENVIRONMENTAL
36 AUDITOR TRAINING PROGRAM.
37 A training program for and standards for
38 certification of environmental auditors shall be
39 developed jointly by the Iowa waste reduction center
40 and the department. The training program shall be
41 administered by the Iowa waste reduction center. The
42 program shall provide training on the proper conduct
43 of an environmental audit; local, state, and federal
44 environmental ordinances, rules, and laws that apply
45 to businesses in this state; and the environmental
46 audit laws in this state. The program shall be made
47 available to small and large business owners and
48 operators, consulting engineers, regulatory personnel,
49 and citizens through the community college system. A
50 fee may be assessed for participation in the program.
Page 9
1 Upon completion of the training program, program
2 participants may elect to be tested by the department
3 for certification as an environmental auditor for the
4 purposes of this chapter.
5 Sec. 11. NEW SECTION. 455J.11 SUMMARY.
6 On or before December 1 of each year, the
7 department shall make available a summary of the
8 number of environmental audit notices received, the
9 violations, and the remediation status of the
10 violations reported pursuant to this chapter during
11 the preceding fiscal year.
12 Sec. 12. NEW SECTION. 455J.12 RULEMAKING.
13 The department may adopt rules pursuant to chapter
14 17A necessary to administer this chapter.
15 Sec. 13. NEW SECTION. 455J.13 COSTS.
16 The necessary costs incurred by the department
17 under this chapter shall be funded from appropriations
18 made to the department from the general fund of the
19 state."
20 2. Title page, by striking lines 1 and 2 and
21 inserting the following: "An Act creating an
22 environmental audit privilege and immunity, and an
23 environmental auditor training program, and providing
24 penalties."
Shoultz of Black Hawk offered the following amendment H-8094, to
the committee amendment H-8054, filed by him and moved its
adoption:
H-8094
1 Amend the amendment, H-8054, to House File 681 as
2 follows:
3 1. Page 1, line 6, by striking the words
4 "Privilege and".
5 2. By striking page 2, line 18, through page 6,
6 line 4.
7 3. Page 6, by striking lines 37 and 38 and
8 inserting the following: "audit."
9 4. Page 9, by striking line 19 and inserting the
10 following: "state.
11 Sec. ___. NEW SECTION. 455J.14 CONSTRUCTION.
12 This chapter shall not be construed to confer
13 immunity from liability in any private civil legal
14 action."
15 5. Page 9, line 22, by striking the words
16 "privilege and".
17 6. By renumbering as necessary.
Roll call was requested by Schrader of Marion and Shoultz of
Black Hawk.
On the question "Shall amendment H-8094, to the committee
amendment H-8054, be adopted?" (H.F. 681)
The ayes were, 41:
Bell Bernau Brand Bukta Burnett Cataldo Cohoon Connors
Doderer Dotzler Drees Falck Fallon Foege Ford Frevert
Huser Jochum Kinzer Koenigs Larkin Mascher May Mertz
Moreland Mundie Murphy Myers O'Brien Osterhaus
Reynolds-Knight Richardson Scherrman Schrader Shoultz
Taylor Vande Hoef Warnstadt Weigel Whitead Wise
The nays were, 54:
Arnold Barry Blodgett Boddicker Boggess Bradley Brauns
Brunkhorst Carroll Chiodo Churchill Corbett, Spkr. Cormack
Dinkla Dix Dolecheck Eddie Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton Holmes Huseman Jacobs
Jenkins Klemme Kreiman Kremer Lamberti Larson Lord
Martin Metcalf Meyer Millage Nelson Rants Rayhons
Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen
Veenstra Weidman Welter Witt Van Maanen,
Presiding
Absent or not voting, 5:
Chapman Drake Garman Holveck
Houser
Amendment H-8094 lost.
Bradley of Clinton offered the following amendment H-8095, to
the committee amendment H-8054, filed by him and Witt of Black
Hawk and moved its adoption:
H-8095
1 Amend the amendment, H-8054, to House File 681 as
2 follows:
3 1. Page 1, line 11, by inserting after the figure
4 "455A.2" the following: "or its delegated authority".
5 2. Page 1, line 16, by striking the words "local,
6 state," and inserting the following: "state".
7 3. Page 1, line 17, by striking the words
8 "ordinances, or permits" and inserting the following:
9 "or permit conditions".
10 4. Page 1, line 21, by inserting after the word
11 "noncompliance" the following: "with environmental
12 laws, rules, ordinances, or permit conditions".
13 5. Page 1, line 24, by striking the word
14 "initiated" and inserting the following:
15 "notification is given to the department".
16 6. Page 1, lines 27 and 28, by striking the words
17 "governmental entity with regulatory authority over
18 the regulated facility or operation" and inserting the
19 following: "department".
20 7. Page 1, line 31, by striking the words
21 "generated as a result of" and inserting the
22 following: "generated and developed for the primary
23 purpose and in the course of or as a result of
24 conducting".
25 8. Page 1, by striking lines 42 through 45 and
26 inserting the following: "environmental audit. An
27 "environmental".
28 9. Page 2, line 22, by inserting after the word
29 "report" the following: "conducted after the
30 effective date of this Act".
31 10. Page 2, line 32, by inserting after the word
32 "testify" the following: "in regard to".
33 11. Page 2, line 33, by striking the words
34 "related to" and inserting the following: "included
35 in".
36 12. Page 4, by inserting after line 21 the
37 following:
38 "6. The provisions of this chapter shall not
39 abrogate the protections provided by federal and state
40 law regarding confidentiality and trade secrets."
41 13. Page 4, line 34, by striking the words
42 "local, state," and inserting the following: "state".
43 14. Page 4, line 36, by striking the word
44 "ordinance,".
45 15. Page 4, by inserting after line 39 the
46 following:
47 "d. The portion of the environmental audit report
48 shows clear and convincing evidence of substantial
49 actual personal injury, which information is not
50 otherwise available."
Page 2
1 16. Page 4, by inserting after line 49 the
2 following:
3 "5. If a court finds that a person claiming
4 privilege under this chapter intentionally claimed the
5 privilege for information the person knew was
6 unprotected as provided in section 455J.6, the person
7 is subject to a fine not to exceed one thousand
8 dollars.
9 6. Privilege provided in this chapter does not
10 apply if an owner or operator of the facility or
11 operation has been found in a civil or administrative
12 proceeding to have committed serious violations in
13 this state that constitute a pattern of continuous or
14 repeated violations of environmental laws,
15 administrative rules, or permit conditions, that were
16 due to separate and distinct events giving rise to the
17 violations within the three-year period prior to the
18 date of disclosure."
19 17. Page 5, line 7, by striking the words "local,
20 state," and inserting the following: "state".
21 18. Page 5, line 8, by striking the word
22 "ordinance,".
23 19. Page 5, line 29, by striking the words
24 "local, state," and inserting the following: "state".
25 20. Page 5, line 30, by striking the word
26 "ordinance,".
27 21. Page 5, line 32, by inserting after the word
28 "inapplicable" the following: "to the remainder of
29 the report".
30 22. Page 5, line 37, by striking the words
31 "local, state," and inserting the following: "state".
32 23. Page 5, line 38, by striking the word
33 "ordinance,".
34 24. Page 6, lines 16 and 17, by striking the
35 words "a timetable for submitting".
36 25. Page 6, line 17, by inserting after the word
37 "department" the following: "as specified by rule".
38 26. Page 6, line 27, by striking the words
39 "local, state," and inserting the following: "state".
40 27. Page 6, line 28, by striking the word
41 "ordinance,".
42 28. Page 6, line 30, by striking the words
43 "local, state," and inserting the following: "state".
44 29. Page 6, line 30, by striking the word
45 "ordinance,".
46 30. Page 6, line 49, by striking the words
47 "local, state," and inserting the following: "state".
48 31. Page 6, line 49, by striking the word
49 "ordinance,".
50 32. Page 7, line 31, by striking the words "a
Page 3
1 noncompliance item" and inserting the following: "the
2 disclosed violation".
3 33. By striking page 7, line 50, through page 8,
4 line 2, and inserting the following: "administrative
5 rules, and permit conditions and that were due to
6 separate and".
7 34. Page 8, line 4, by striking the word
8 "disclosure," and inserting the following:
9 "disclosure."
10 35. Page 8, by striking lines 5 through 7.
11 36. Page 8, lines 17 and 18, by striking the
12 words "and local".
13 37. Page 8, line 26, by inserting after the word
14 "law" the following: "to report a violation,".
15 38. Page 8, line 28, by inserting after the word
16 "actions." the following: "This chapter shall not be
17 construed to confer immunity from liability in any
18 private civil action except those actions brought
19 pursuant to section 455B.111."
20 39. By renumbering, relettering, and
21 redesignating as necessary.
Amendment H-8095 was adopted, placing out of order amendment
H-8097, to the committee amendment H-8054, filed by Shoultz of
Black Hawk on February 24, 1998.
Mascher of Johnson offered the following amendment H-8104, to
the committee amendment H-8054, filed by Burnett of Story and
moved its adoption:
H-8104
1 Amend the amendment, H-8054, to House File 681, as
2 follows:
3 1. Page 1, by striking lines 12 through 29 and
4 inserting the following:
5 "2. "Environmental audit" means a systematic,
6 documented, and objective review conducted by an
7 environmental auditor certified by the board of
8 environmental auditor certifications for a regulated
9 entity of one or more facility operations and
10 practices related to compliance with one or more
11 environmental requirements and, if deficiencies are
12 found, a plan for corrective action. The final audit
13 document must be designated as an "audit report" and
14 must include the date of the final written report of
15 findings for the audit. Once initiated, an audit
16 shall be completed within a reasonable time, not to
17 exceed six months unless a written request for an
18 extension is approved by the director of the
19 department based on a showing of reasonable grounds.
20 An audit shall not be deemed to be initiated until the
21 certified environmental auditor has actively begun the
22 evaluation of environmental compliance."
23 2. By renumbering as necessary.
Speaker Corbett in the chair at 2:27 p.m.
Amendment H-8104 lost.
Fallon of Polk asked and received unanimous consent that
amendment H-8105, to the committee amendment H-8054, be deferred.
Mascher of Johnson asked and received unanimous consent that
amendment H-8116, to the committee amendment H-8054, be deferred.
Shoultz of Black Hawk offered the following amendment H-8107, to
the committee amendment H-8054, filed by him and moved its
adoption:
H-8107
1 Amend the amendment, H-8054, to House File 681 as
2 follows:
3 1. Page 3, by inserting after line 17 the
4 following:
5 "7. A person who asserts the privilege under this
6 section with the intent to deceive or injure a person
7 or to conceal any wrongdoing is guilty of a fraudulent
8 practice."
Amendment H-8107 lost.
Schrader of Marion asked and received unanimous consent that
amendment H-8108, to the committee amendment H-8054, be deferred.
Shoultz of Black Hawk offered the following amendment H-8106, to
the committee amendment H-8054, filed by him and moved its
adoption:
H-8106
1 Amend the amendment, H-8054, to House File 681, as
2 follows:
3 1. Page 3, line 25, by striking the word
4 "Disclosure" and inserting the following: "Any
5 violation of an environmental law, rule, ordinance, or
6 permit condition which is discovered during an
7 environmental audit shall be reported to the
8 department within thirty days of the discovery of the
9 violation. The failure to report a violation in a
10 timely manner shall result in the waiver of any
11 privilege and confidentiality rights granted in
12 section 455J.3. However, disclosure".
Roll call was requested by Schrader of Marion and Holveck of
Polk.
On the question "Shall amendment H-8106, to the committee
amendment H-8054, be adopted?" (H.F. 681)
The ayes were, 41:
Bell Bernau Brand Bukta Burnett Cataldo Chiodo Cohoon
Connors Dotzler Drees Falck Fallon Foege Ford Frevert
Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin
Mascher Mertz Moreland Mundie Murphy Myers O'Brien
Osterhaus Reynolds-Knight Richardson Scherrman Schrader
Shoultz Taylor Warnstadt Weigel Whitead Wise
The nays were, 54:
Arnold Barry Blodgett Boddicker Boggess Bradley Brauns
Brunkhorst Carroll Chapman Churchill Cormack Dix
Dolecheck Drake Eddie Gipp Greig Greiner Gries Hahn
Hansen Heaton Holmes Houser Huseman Jacobs Jenkins
Klemme Kremer Lamberti Larson Lord Martin May Metcalf
Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig
Thomas Thomson Tyrrell Van Maanen Vande Hoef Veenstra
Weidman Welter Witt Mr. Speaker
Corbett
Absent or not voting, 5:
Dinkla Doderer Garman Grundberg Van Fossen
Amendment H-8106 lost.
Shoultz of Black Hawk offered the following amendment H-8096, to
the committee amendment H-8054, filed by him and moved its
adoption:
H-8096
1 Amend the amendment, H-8054, to House File 681, as
2 follows:
3 1. Page 4, by striking lines 7 through 11.
4 2. By renumbering as necessary.
Roll call was requested by Shoultz of Black Hawk and Schrader of
Marion.
On the question "Shall amendment H-8096, to the committee
amendment H-8054, be adopted?" (H.F. 681)
The ayes were, 35:
Bernau Brand Bukta Burnett Chiodo Cohoon Connors Doderer
Dotzler Drees Falck Fallon Ford Frevert Holveck Huser
Jochum Kinzer Koenigs Larkin Mascher Moreland Mundie
Murphy Myers Osterhaus Reynolds-Knight Scherrman Schrader
Shoultz Taylor Warnstadt Weigel Whitead Wise
The nays were, 61:
Arnold Barry Bell Blodgett Boddicker Boggess Bradley
Brauns Brunkhorst Carroll Cataldo Chapman Churchill
Cormack Dix Dolecheck Drake Eddie Gipp Greig Greiner
Gries Grundberg Hahn Hansen Heaton Holmes Huseman Jacobs
Jenkins Klemme Kreiman Kremer Lamberti Larson Lord
Martin May Mertz Metcalf Meyer Millage Nelson O'Brien
Rants Rayhons Richardson Siegrist Sukup Teig Thomas
Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra
Weidman Welter Witt Mr. Speaker
Corbett
Absent or not voting, 4:
Dinkla Foege Garman Houser
Amendment H-8096 lost.
Hansen of Pottawattamie in the chair at 3:30 p.m.
Shoultz of Black Hawk offered the following amendment H-8099, to
the committee amendment H-8054, filed by him and moved its
adoption:
H-8099
1 Amend the amendment, H-8054, to House File 681, as
2 follows:
3 1. Page 4, by inserting after line 39 the
4 following:
5 "1A. A court or presiding officer conducting an in
6 camera review pursuant to this section may request
7 technical assistance from experts during the in camera
8 review."
9 2. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 43, nays 47.
Amendment H-8099 lost.
Moreland of Wapello offered the following amendment H-8112, to
the committee amendment H-8054, filed by him and moved its
adoption:
H-8112
1 Amend the amendment, H-8054, to House File 681 as
2 follows:
3 1. Page 4, by inserting after line 39 the
4 following:
5 "d. The portion of the environmental audit report
6 is relevant to demonstrate compliance or noncompliance
7 with a duty to disclose information to third parties
8 under statute, contract, or common law."
9 2. By renumbering as necessary.
Roll call was requested by Shoultz of Black Hawk and Koenigs of
Mitchell.
Rule 75 was invoked.
On the question "Shall amendment H-8112, to the committee
amendment H-8054, be adopted?" (H.F. 681)
The ayes were, 46:
Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo
Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege
Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman
Larkin Mascher May Mertz Moreland Mundie Murphy Myers
O'Brien Osterhaus Reynolds-Knight Richardson Scherrman
Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead
Wise Witt
The nays were, 52:
Arnold Barry Blodgett Boddicker Boggess Bradley Brauns
Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dix
Dolecheck Drake Eddie Gipp Greig Greiner Gries
Grundberg Hahn Heaton Holmes Houser Huseman Jacobs Jenkins
Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer
Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman
Welter Hansen,
Presiding
Absent or not voting, 2:
Dinkla Garman
Amendment H-8112 lost.
Shoultz of Black Hawk offered the following amendment H-8115, to
the committee amendment H-8054, filed by him and moved its
adoption:
H-8115
1 Amend the amendment, H-8054, to House File 681 as
2 follows:
3 1. Page 4, by inserting after line 39 the
4 following:
5 "d. The court determines that the inquiring
6 party's need for the portion of the environmental
7 audit report outweighs the interest of the owner or
8 operator in protecting its evaluation process. In so
9 determining, the court shall weigh the relevance of
10 the evidence sought to be protected, the availability
11 of other evidence, the seriousness of the litigation
12 and the issues involved, the role of the government in
13 the litigation, and the adverse impact on the owner's
14 or operator's reasonable expectations of
15 confidentiality in the information sought to be
16 disclosed."
17 2. By renumbering as necessary.
Amendment H-8115 lost.
Holveck of Polk offered the following amendment H-8109, to the
committee amendment H-8054, filed by him and moved its adoption:
H-8109
1 Amend the amendment, H-8054, to House File 681 as
2 follows:
3 1. Page 4, line 41, by inserting after the word
4 "applies." the following: "The party seeking
5 disclosure shall be provided with a copy of the
6 environmental audit report at least ten days prior to
7 the in camera hearing unless the court or presiding
8 officer orders a shorter or longer time. The court or
9 presiding officer may issue appropriate protective
10 orders to ensure privileged information is not
11 released to third parties during the proceedings."
Amendment H-8109 lost.
Holveck of Polk offered the following amendment H-8098, to the
committee amendment H-8054, filed by him and moved its adoption:
H-8098
1 Amend the amendment, H-8054, to House File 681 as
2 follows:
3 1. Page 4, by striking lines 47 through 49.
Amendment H-8098 lost.
Holveck of Polk offered the following amendment H-8100, to the
committee amendment H-8054, filed by him and moved its adoption:
H-8100
1 Amend the amendment, H-8054, to House File 681 as
2 follows:
3 1. Page 5, by inserting after line 13 the
4 following:
5 "d. Information pertaining to any violation found
6 and disclosed in an environmental audit report which
7 was not corrected within sixty days of the completion
8 of the audit. Once disclosed as part of an
9 environmental audit, the department may only grant an
10 extension of the correction time on reasonable
11 grounds."
Amendment H-8100 lost.
Shoultz of Black Hawk offered the following amendment H-8110, to
the committee amendment H-8054, filed by him and moved its
adoption:
H-8110
1 Amend the amendment, H-8054, to House File 681 as
2 follows:
3 1. Page 5, by inserting after line 13 the
4 following:
5 "d. Information which is contrary to or
6 inconsistent with reports to a regulatory agency or
7 testimony given by or on behalf of the person claiming
8 the privilege."
9 2. By renumbering as necessary.
Amendment H-8110 lost.
Holveck of Polk offered the following amendment H-8101, to the
committee amendment H-8054, filed by him and moved its adoption:
H-8101
1 Amend the amendment, H-8054, to House File 681 as
2 follows:
3 1. Page 5, by inserting after line 13 the
4 following:
5 "d. Information related to a condition that the
6 owner or operator knew or should have known about
7 prior to the department receiving official
8 notification of an environmental audit."
Roll call was requested by Shoultz of Black Hawk and Larson of
Linn.
On the question "Shall amendment H-8101, to the committee
amendment H-8054, be adopted?" (H.F. 681)
The ayes were, 41:
Bell Bernau Bukta Burnett Chapman Cohoon Connors Doderer
Dotzler Drees Falck Fallon
Foege Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman
Larkin Mascher May Mertz Moreland Mundie Murphy Myers
O'Brien Osterhaus Reynolds-Knight Richardson Scherrman
Schrader Shoultz Thomas Warnstadt Weigel Whitead Wise
Witt
The nays were, 53:
Arnold Barry Blodgett Boddicker Boggess Bradley Brauns
Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla
Dix Dolecheck Drake Eddie Gipp Greig Greiner Gries
Grundberg Hahn Heaton Holmes Houser Huseman Jacobs
Jenkins Klemme Kremer Lamberti Larson Lord Martin
Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup
Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Weidman Welter Hansen,
Presiding
Absent or not voting, 6:
Brand Cataldo Chiodo Ford Garman Taylor
Amendment H-8101 lost.
Moreland of Wapello offered the following amendment H-8113, to
the committee amendment H-8054, filed by him and moved its
adoption:
H-8113
1 Amend the amendment, H-8054, to House File 681 as
2 follows:
3 1. Page 5, line 19, by inserting after the figure
4 "1." the following: "The privileges created in this
5 chapter shall not apply to criminal investigations or
6 proceedings. An environmental audit report,
7 supporting documents, and testimony relating thereto
8 may be obtained by a prosecutor's subpoena pursuant to
9 the rules of criminal procedure."
Amendment H-8113, to the committee amendment H-8054, was adopted.
Siegrist of Pottawattamie offered the following amendment
H-8170, to the committee amendment H-8054, filed by him from the
floor and moved its adoption:
H-8170
1 Amend the amendment, H-8054, to House File 681 as
2 follows:
3 1. Page 5, line 20, by inserting after the word
4 "criminal" the following: "investigation or".
5 2. Page 5, line 24, by inserting after the word
6 "criminal" the following: "investigation or".
Amendment H-8170, to the committee amendment H-8054, was adopted.
Schrader of Marion offered the following amendment H-8166, to
the committee amendment H-8054, filed by him from the floor and
moved its adoption:
H-8166
1 Amend the amendment, H-8054, to House File 681 as
2 follows:
3 1. Page 9, line 13, by striking the word "may"
4 and inserting the following: "shall".
Amendment H-8166, to the committee amendment H-8054, was adopted.
Mascher of Johnson offered the following amendment H-8102, to
the committee amendment H-8054, filed by her and moved its
adoption:
H-8102
1 Amend the amendment, H-8054, to House File 681 as
2 follows:
3 1. Page 9, by striking line 19 and inserting the
4 following: "state.
5 Sec. ___. NEW SECTION. 455J.14 FUTURE REPEAL.
6 This chapter is repealed effective June 30, 2001."
7 2. By renumbering as necessary.
Speaker Corbett in the chair at 5:52 p.m.
Roll call was requested by Shoultz of Black Hawk and Fallon of
Polk.
On the question "Shall amendment H-8102, to the committee
amendment H-8054, be adopted?" (H.F. 681)
The ayes were, 36:
Bernau Brand Bukta Burnett Chapman Chiodo Cohoon Connors
Cormack Doderer Drees Falck Fallon Foege Frevert Holveck
Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher
Moreland Mundie Murphy Myers Osterhaus Reynolds-Knight
Scherrman Schrader Shoultz Taylor Warnstadt Weigel
Whitead
The nays were, 62:
Arnold Barry Bell Blodgett Boddicker Boggess Bradley
Brauns Brunkhorst Carroll Cataldo Churchill Dinkla Dix
Dolecheck Dotzler Drake Eddie Gipp Greig Greiner Gries
Grundberg Hahn Hansen Heaton Holmes Houser Huseman
Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin
May Mertz Metcalf Meyer Millage Nelson O'Brien Rants
Rayhons Richardson Siegrist Sukup Teig Thomas Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman
Welter Wise Witt Mr. Speaker
Corbett
Absent or not voting, 2:
Ford Garman
Amendment H-8102 lost.
Holveck of Polk offered the following amendment H-8103, to the
committee amendment H-8054, filed by him and moved its adoption:
H-8103
1 Amend the amendment, H-8054, to House File 681 as
2 follows:
3 1. Page 9, by striking line 19 and inserting the
4 following: "state.
5 Sec. ___. NEW SECTION. 455J.14 LIMITATIONS.
6 Notwithstanding any provision in this chapter, a
7 privilege provided in this chapter shall not exist in
8 connection with any private civil legal action. This
9 chapter shall not be construed to confer immunity from
10 liability in any private civil legal action."
11 2. By renumbering as necessary.
Roll call was requested by Holveck of Polk and Shoultz of Black
Hawk.
On the question "Shall amendment H-8103, to the committee
amendment H-8054, be adopted?" (H.F. 681)
The ayes were, 39:
Bell Bernau Brand Bukta Burnett Cataldo Cohoon Connors
Doderer Dotzler Drees Falck Fallon Foege Ford Frevert
Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin
Mascher Moreland Mundie Murphy Myers Osterhaus
Reynolds-Knight Richardson Scherrman Schrader Shoultz
Taylor Warnstadt Weigel Whitead Wise
The nays were, 60:
Arnold Barry Blodgett Boddicker Boggess Bradley Brauns
Brunkhorst Carroll Chapman Chiodo Churchill Cormack
Dinkla Dix Dolecheck Drake Eddie Gipp Greig Greiner
Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman
Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin
May Mertz Metcalf Meyer Millage Nelson O'Brien Rants
Rayhons Siegrist Sukup Teig Thomas Thomson Tyrrell Van
Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Witt
Mr. Speaker
Corbett
Absent or not voting, 1:
Garman
Amendment H-8103 lost.
Moreland of Wapello offered the following amendment H-8111, to
the committee amendment H-8054, filed by him and moved its
adoption:
H-8111
1 Amend the amendment, H-8054, to House File 681 as
2 follows:
3 1. Page 9, by striking line 19 and inserting the
4 following: "state.
5 Sec. ___. NEW SECTION. 455J.14 DISCLOSURE.
6 This chapter shall not alter or amend the duties,
7 rights, or obligations of persons to disclose
8 information to third parties, whether such duties,
9 rights, or obligations arise from statute, contract,
10 or common law."
11 2. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 40, nays 50.
Amendment H-8111 lost.
Jenkins of Black Hawk asked and received unanimous consent to
withdraw amendment H-8091, to the committee amendment H-8054,
filed by him and Falck of Fayette on February 24, 1998.
Mascher of Johnson offered the following amendment H-8114, to
the committee amendment H-8054, filed by Burnett of Story and
moved its adoption:
H-8114
1 Amend the amendment, H-8054, to House File 681 as
2 follows:
3 1. By striking page 1, line 4, through page 9,
4 line 24, and inserting the following:
5 ""Sec. ___. NEW SECTION. 455J.1 DEFINITIONS.
6 As used in this chapter, unless the context
7 otherwise requires:
8 1. "Compliance assistance" means information and
9 assistance provided by the department to aid an owner
10 or operator in complying with legally mandated
11 environmental requirements. "Compliance assistance"
12 does not include enforcement inspections or
13 enforcement actions.
14 2. "Department" means the department of natural
15 resources created under section 455A.2.
16 3. "Environmental audits" means a systematic,
17 documented, periodic, and objective review by
18 regulated entities of facility operations and
19 practices related to meeting environmental
20 requirements.
21 4. "Owner or operator" means the person or entity
22 who caused the environmental audit to be undertaken.
23 5. "Penalty mitigation" means the elimination or
24 mitigation of penalties imposed by the department for
25 violations of environmental laws, rules, or permit
26 conditions.
27 Sec. ___. NEW SECTION. 455J.2 VIOLATIONS.
28 In order for an owner or operator to be eligible
29 for penalty mitigation under section 455J.3,
30 violations of environmental laws, rules, or permit
31 conditions must be discovered through an environmental
32 audit and not through a legally mandated monitoring or
33 sampling requirement prescribed by statute,
34 regulation, permit, judicial order, or consent
35 agreement. An owner or operator shall report all
36 violations discovered during an environmental audit to
37 the department within thirty days from the time the
38 discovery is made.
39 Sec. ___. NEW SECTION. 455J.3 PENALTY
40 MITIGATION.
41 1. The department shall eliminate a penalty
42 imposed on an owner or operator for a violation
43 reported pursuant to section 455J.2 if the department
44 determines that the owner or operator satisfies all of
45 the following criteria:
46 a. The owner or operator has made a good faith
47 effort to comply with applicable environmental
48 requirements.
49 b. The owner or operator has not previously been
50 found to violate the same environmental law, rule, or
Page 2
1 permit condition.
2 c. The owner or operator remedies the violation
3 within one hundred eighty days of the violation. The
4 department may grant one extension of one hundred
5 eighty days if the remedy requires implementing a
6 pollution prevention measure.
7 d. The owner or operator demonstrates all of the
8 following:
9 (1) The violation has not caused actual serious
10 harm to public health, safety, or the environment.
11 (2) The violation is not one that may present an
12 imminent and substantial endangerment to public health
13 or the environment.
14 (3) The violation does not present a significant
15 health, safety, or environmental threat.
16 (4) The violation does not involve criminal
17 conduct.
18 2. The department may mitigate a penalty imposed
19 on an owner or operator for a violation reported
20 pursuant to section 455J.2 if the department
21 determines that the owner or operator satisfies all of
22 the criteria listed in subsection 1, except for
23 paragraph "c". In determining the appropriate amount
24 to mitigate, the department shall consider, at a
25 minimum, the nature of the violation, the duration of
26 the violation, the environmental or public health
27 impacts of the violation, good faith efforts by the
28 owner or operator to promptly remedy the violation,
29 and the facility's overall record of compliance with
30 environmental laws, rules, and permit conditions.
31 Sec. ___. NEW SECTION. 455J.4 COMPLIANCE
32 ASSISTANCE.
33 1. The department may provide on-site compliance
34 assistance to an owner or operator upon request. If
35 the department is unable to provide compliance
36 assistance to an owner or operator in a timely manner,
37 the department shall within thirty days of receiving
38 the request for compliance assistance provide the
39 owner or operator with notice of the department's
40 inability to provide compliance assistance.
41 2. Prior to providing on-site compliance
42 assistance, the department shall obtain an agreement
43 with the owner or operator which includes a statement
44 explaining the compliance assistance procedures, the
45 responsibilities of each party, the availability of
46 penalty mitigation, and the responsibilities of the
47 owner or operator for any violation discovered."
48 2. Title page, by striking lines 1 and 2 and
49 inserting the following: "An Act providing for
50 elimination and mitigation of penalties resulting from
Page 3
1 the reporting of violations discovered in
2 environmental audits and on-site compliance
3 assistance.""
Roll call was requested by Shoultz of Black Hawk and Holveck of
Polk.
On the question "Shall amendment H-8114, to the committee
amendment H-8054, be adopted?" (H.F. 681)
The ayes were, 41:
Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo
Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege
Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman
Larkin Mascher Moreland Mundie Murphy Myers Osterhaus
Reynolds-Knight
Richardson Scherrman Schrader Shoultz Taylor Warnstadt
Weigel Whitead Wise
The nays were, 57:
Arnold Barry Blodgett Boddicker Boggess Bradley Brauns
Brunkhorst Churchill Cormack Dinkla Dix Dolecheck Drake
Eddie Gipp Greig Greiner Gries Grundberg Hahn Hansen
Heaton Holmes Houser Huseman Jacobs Jenkins Klemme
Kremer Lamberti Larson Lord Martin May Mertz Metcalf
Meyer Millage Nelson O'Brien Rants Rayhons Siegrist
Sukup Teig Thomas Thomson Tyrrell Van Fossen Van Maanen
Vande Hoef Veenstra Weidman Welter Witt Mr. Speaker
Corbett
Absent or not voting, 2:
Carroll Garman
Amendment H-8114 lost.
Fallon of Polk offered amendment H-8105, to the committee
amendment H-8054, filed by him and requested division as follows:
H-8105
1 Amend the amendment, H-8054, to House File 681 as
2 follows:
H-8105A
3 1. Page 1, by striking line 32 and inserting the
4 following: "environmental audit and filed with the
5 department. An "environmental audit report"".
H-8105B
6 2. Page 6, by inserting after line 4 the
7 following:
8 "5. The department shall allow, upon request, the
9 review of the contents of an environmental audit
10 report filed with the department to all of the
11 following:
12 a. Medical doctors.
13 b. Health officials.
14 c. Statisticians.
15 d. Public health officials.
16 e. The general assembly.
17 f. Environmental groups studying issues relating
18 to environmental spills and cleanup."
Fallon of Polk asked and received unanimous consent to withdraw
amendment H-8105A, filed by him on February 24, 1998.
Mascher of Johnson offered the following amendment H-8116, to
the committee amendment H-8054, filed by her and moved its
adoption:
H-8116
1 Amend the amendment, H-8054, to House File 681 as
2 follows:
3 1. Page 1, by striking line 32 and inserting the
4 following: "environmental audit and filed with the
5 department. An "environmental audit report"".
Amendment H-8116, to the committee amendment H-8054, was adopted.
Speaker pro tempore Van Maanen of Marion in the chair at 6:55
p.m.
Holveck of Polk offered the following amendment H-8108, to the
committee amendment H-8054, filed by him and moved its adoption:
H-8108
1 Amend the amendment, H-8054, to House File 681 as
2 follows:
3 1. Page 3, by inserting after line 17 the
4 following:
5 "7. Notwithstanding any other provision of this
6 chapter, the privileges conferred by this chapter
7 shall not be available in a civil or criminal action
8 against an owner or operator for discharge of a
9 pollutant which resulted in a violation of water
10 quality standards, ambient air quality standards, or
11 safe drinking water standards."
12 2. Page 8, by inserting after line 28 the
13 following:
14 "10. Notwithstanding any other provision of this
15 chapter, the immunities conferred by this chapter
16 shall not be available in a civil or criminal action
17 against an owner or operator for discharge of a
18 pollutant which resulted in a violation of water
19 quality standards, ambient air quality standards, or
20 safe drinking water standards."
Amendment H-8108 lost.
Fallon of Polk moved the adoption of amendment H-8105B, to the
committee amendment H-8054.
Roll call was requested by Shoultz of Black Hawk and Fallon of
Polk.
On the question "Shall amendment H-8105B, to the committee
amendment H-8054, be adopted?" (H.F. 681)
The ayes were, 38:
Bernau Brand Bukta Burnett Chiodo Cohoon Connors Dotzler
Drees Falck Fallon Foege Ford Frevert Holveck Huser
Jochum Kinzer Koenigs Kreiman Larkin Mascher Mertz
Moreland Mundie Murphy Myers O'Brien Osterhaus
Reynolds-Knight Richardson Scherrman Schrader Shoultz
Taylor Warnstadt Weigel Whitead
The nays were, 59:
Arnold Barry Bell Blodgett Boddicker Boggess Bradley
Brauns Brunkhorst Cataldo Chapman Churchill Corbett,
Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Gipp Greig
Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser
Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson
Lord Martin May Metcalf Meyer Millage Nelson Rants
Rayhons Siegrist Sukup Teig Thomas Thomson Tyrrell Van
Fossen Vande Hoef Veenstra Weidman Welter Wise Witt Van
Maanen,
Presiding
Absent or not voting, 3:
Carroll Doderer Garman
Amendment H-8105B lost.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Grundberg of Polk on request of Gipp of Winneshiek.
Schrader of Marion offered the following amendment H-8182, to
the committee amendment H-8054, filed by him from the floor and
moved its adoption:
H-8182
1 Amend the amendment, H-8054, to House File 681 as
2 follows:
3 1. Page 9, by inserting before line 20 the
4 following:
5 "Sec. ___. NEW SECTION. 455J.14 EXCLUSION.
6 A facility or operation which includes an animal
7 feeding operation structure as defined in section
8 455B.161 is not eligible for any privilege or immunity
9 granted under this chapter."
10 2. By renumbering as necessary.
Roll call was requested by Schrader of Marion and Eddie of Buena
Vista.
On the question "Shall amendment H-8182, to the committee
amendment H-8054, be adopted?" (H.F. 681)
The ayes were, 42:
Arnold Bernau Brand Bukta Burnett Cataldo Chapman Chiodo
Cohoon Connors Doderer Dotzler Drees Fallon Foege Ford
Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman
Larkin Mascher Moreland Mundie Murphy Myers O'Brien
Osterhaus Reynolds-Knight Richardson Scherrman Schrader
Shoultz Taylor Warnstadt Weigel Whitead Wise Witt
The nays were, 54:
Barry Bell Blodgett Boddicker Boggess Bradley Brauns
Brunkhorst Churchill Corbett, Spkr. Cormack Dinkla Dix
Dolecheck Drake Eddie Falck Gipp Greig Greiner Gries
Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins
Klemme Kremer Lamberti Lord Martin May Mertz Metcalf
Meyer Millage Nelson Rants Rayhons Siegrist Sukup
Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra
Weidman Welter Van Maanen,
Presiding
Absent or not voting, 4:
Carroll Garman Grundberg Larson
Amendment H-8182 lost.
Bradley of Clinton moved the adoption of the committee amendment
H-8054, as amended.
The committee amendment H-8054, as amended, was adopted placing
the following amendments out of order:
H-1391 filed by Shoultz of Black Hawk on March 25, 1997.
H-1373 filed by Mascher of Johnson on March 25, 1997.
H-1372 filed by Shoultz of Black Hawk on March 25, 1997.
H-1348 filed by Shoultz of Black Hawk on March 25, 1997.
H-1375 filed by Burnett of Story on March 25, 1997.
H-1383 filed by Bradley of Clinton and Witt of Black Hawk on
March 25, 1997.
H-1413, to H-1383 filed by Burnett of Story on March 26, 1997.
H-1394, to H-1383 filed by Bradley of Clinton and Witt of Black
Hawk on March 26, 1997.
H-1347 filed by Burnett of Story on March 25, 1997.
H-1350 filed by Mascher of Johnson on March 25, 1997.
H-1384 filed by Holveck of Polk on March 25, 1997.
H-1471, to H-1384 filed by Holveck of Polk on March 31, 1997.
H-1352 filed by Burnett of Story on March 25, 1997.
H-1376 filed by Burnett of Story on March 25, 1997.
H-1377 filed by Huser of Polk on March 25, 1997.
H-1374 filed by Shoultz of Black Hawk on March 25, 1997.
H-1354 filed by Mascher of Johnson on March 25, 1997.
H-1415, to H-1354 filed by Mascher of Johnson on March 26, 1997.
H-1353 filed by Burnett of Story on March 25, 1997.
H-1349 filed by Mascher of Johnson on March 25, 1997,
H-1414, to H-1349 filed by Mascher of Johnson by March 26, 1997.
H-1355 filed by Fallon of Polk on March 25, 1997.
H-1351 filed by Burnett of Story on March 25, 1997.
H-1346 filed by Burnett of Story on March 25, 1997.
H-1356 filed by Fallon of Polk on March 25, 1997.
H-1385 filed by Mascher of Johnson on March 25, 1997.
H-1380 filed by Shoultz of Black Hawk on March 25, 1997.
H-1464 filed by Burnett of Story on March 31, 1997.
Bradley of Clinton 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. 681)
The ayes were, 66:
Arnold Barry Bell Blodgett Boddicker Boggess Bradley
Brauns Brunkhorst Cataldo Chapman Churchill Corbett, Spkr.
Cormack Dinkla Dix Dolecheck Drake Eddie Falck Ford
Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton
Holmes Houser Huseman Jacobs Jenkins Klemme Kreiman
Kremer Lamberti Larson Lord Martin May Mertz Metcalf
Meyer Millage Mundie Nelson O'Brien Rants Rayhons
Reynolds-Knight Siegrist Sukup Teig Thomas Thomson
Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Wise
Witt Van Maanen,
Presiding
The nays were, 32:
Bernau Brand Bukta Burnett Chiodo Cohoon Connors Doderer
Dotzler Drees Fallon Foege Frevert Holveck Huser Jochum
Kinzer Koenigs Larkin Mascher Moreland Murphy Myers
Osterhaus Richardson Scherrman Schrader Shoultz Taylor
Warnstadt Weigel Whitead
Absent or not voting, 2:
Carroll Garman
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 681 be immediately messaged to the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on March 3, 1998, passed the following bill in
which the concurrence of the House is asked:
Senate File 2153, a bill for an act relating to affidavits of
candidacy filed by candidates for public office.
Also: That the Senate has on March 3, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2170, a bill for an act relating to licensing
sanctions against individuals who default on debt owed to or
collected by the college student aid commission.
Also: That the Senate has on March 3, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2188, a bill for an act relating to debt collection
by excluding a financial institution and its employees from the
definition of debt collector.
Also: That the Senate has on March 3, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2218, a bill for an act relating to the issuance of
highway travel permits to raw milk transporters whose motor
trucks exceed gross weight and axle weight restrictions and
establishing a fee.
Also: That the Senate has on March 3, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2221, a bill for an act relating to the payment of
costs relating to a contempt of court action for nonpayment of
child support.
Also: That the Senate has on March 3, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2257, a bill for an act relating to the regulation
of and motor vehicle operation on the roads and streets of this
state by providing for the classification of the system of roads
and streets, authorizing easements on state-controlled lands,
providing for the admissibility of official records of the state
department of transportation, regulating motor vehicles and
motor vehicle dealers, authorizing maintenance vehicles to stop
or park on the traveled way of the roadway, allowing single
trucks a variance on their maximum length, administering of
motor vehicle laws by the state department of transportation
concerning motor vehicle dealer sales, multiyear vehicle and
vehicle dealer licensing, requiring the payment of certain civil
penalties before issuance of temporary restricted licenses, and
modifying the compilation requirements for airport sufficiency
ratings.
Also: That the Senate has on March 3, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2261, a bill for an act relating to the criteria for
the awarding of grandparent and great-grandparent visitation
rights.
Also: That the Senate has on March 3, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2279, a bill for an act relating to authorized
investments by insurance companies in obligations of foreign
governments and foreign corporations.
Also: That the Senate has on March 3, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2285, a bill for an act relating to anatomical gifts
by modifying certain qualification requirements for hospital
reimbursement grants and requiring submission of an annual
donation and compliance report.
Also: That the Senate has on March 3, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2287, a bill for an act relating to the continued
operation of the innovation zone board.
Also: That the Senate has on March 3, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2288, a bill for an act relating to the sales and
use tax on optional service or warranty contracts and to the
sales and use tax exemption on certain computers, equipment,
machinery, and fuel, relating to the definition of manufacturer
for purposes of the exemption, and providing a retroactive
applicability date.
Also: That the Senate has on March 3, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2294, a bill for an act relating to the payment of
snowmobile and all-terrain vehicle title fees.
Also: That the Senate has on March 3, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2301, a bill for an act relating to the operation
and regulation of banks and making technical corrections.
Also: That the Senate has on March 3, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2319, a bill for an act revising the definition of
the practice of land surveying.
Also: That the Senate has on March 3, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2336, a bill for an act requiring that the clerk of
the district court confirm that notice has been given to
required parties prior to the filing of a nonstatutory lien.
Also: That the Senate has on March 3, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2337, a bill for an act to allow distribution of the
presentence investigation report under certain circumstances.
Also: That the Senate has on March 3, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2341, a bill for an act relating to hepatitis type B
immunizations of children and providing an applicability
provision and an effective date.
Also: That the Senate has on March 3, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2350, a bill for an act establishing a state
employee deferred compensation trust fund.
Also: That the Senate has on March 3, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2378, a bill for an act relating to real estate
titles involving bankruptcy.
MARY PAT GUNDERSON, Secretary
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on the morning
of March 3, 1998. Had I been present, I would have voted "aye"
on House Files 2374 and 2444.
CHIODO of Polk
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, 2331, 2392, and amendments H-8130, H-8132, H-8135, to
House File 2395, and "nay" on House File 2395.
MORELAND of Wapello
PRESENTATION OF VISITOR
The Speaker announced that the following visitor was present in
the House chamber:
Connors of Polk presented to the House the Honorable Wayne
McKinney, former Majority Leader and representative from Polk
County.
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
1998\188 Coach Gene Doyle and the Cedar Falls High School
Wrestling Team, Cedar Falls - For winning the Class 3-A
Championship of the 1998 Iowa High School State Wrestling
Tournament.
1998\189 Coach Wade King, Davenport - For being named the Class
2-A Coach of the Year at the 1998 Iowa High School State
Wrestling Tournament.
1998\190 Tony Sweeting, Highland - For winning the Class 1-A,
119 lbs. division of the 1998 Iowa High School State Wrestling
Tournament.
1998\191 Dorothy and Virgil Davison, Clarinda - For celebrating
their 65th wedding anniversary.
1998\192 Mr. and Mrs. Cash Evans, Gravity - For celebrating
their 65th wedding anniversary.
1998\193 Reverend Frederick C. Fangmann, Oelwein - For
celebrating 35 years in the priesthood.
1998\194 Ruth and DeVere Horn, Jesup - For celebrating their
50th wedding anniversary.
1998\195 Elsie Vosmek, Shueyville - For celebrating her 90th
birthday.
1998\196 Audrey McCraken, Cedar Rapids - For celebrating her
100th birthday.
1998\197 Pearl Reynolds, Tiffin - For celebrating her 100th
birthday.
1998\198 Mildred Carver, Fairfax - For celebrating her 90th
birthday.
1998\199 Earle Scheetz, Oxford - For celebrating his 80th
birthday.
1998\200 Mary Sovers, Solon - For celebrating her 90th birthday.
1998\201 Mabel Ludvicek, Cedar Rapids - For celebrating her 85th
birthday.
1998\202 Joe Sebol, Swisher - For celebrating his 80th birthday.
1998\203 Katherine Holland, Oxford - For celebrating her 80th
birthday.
1998\204 Assumption High School, Davenport - For winning the
Class 2-A Championship at the 1998 Iowa High School State
Wrestling Tournament.
1998\205 Lester Hansen, Davenport - For celebrating his 90th
birthday.
1998\206 Lucas Kluever, Maquoketa - For receiving 2nd place in
the Class 2-A, 171 lbs. division of the 1998 Iowa High School
State Wrestling Tournament.
1998\207 Arthur Holle, Guthrie Center - For attaining the rank
of Eagle Scout, the highest rank in the Boy Scouts of America.
1998\208 Tom Fitzer, Wilton - For winning the Class 1-A, 125
lbs. division of the 1998 Iowa High School State Wrestling
Tournament.
1998\209 Justin Stanley, Wilton - For winning the Class 1-A, 130
lbs. division of the 1998 Iowa High School State Wrestling
Tournament.
1998\210 Maryn Olson, Howard-Winneshiek Community School - For
being named a finalist in the National Merit Scholarship Program.
1998\211 Jennifer Kult, Coon Rapids-Bayard High School - For
being named a finalist in the National Merit Scholarship Program.
1998\212 Rob Hoback, Columbus Junction - For winning the Class
1-A, 145 lbs. division of the 1998 Iowa High School State
Wrestling Tournament.
1998\213 Jessica Moser, St. Mary School, Guttenberg - For
winning 1st place in the 6th-7th grade category in the "Write
Women Back Into History" Essay Contest.
1998\214 Cole Pape, Maquoketa - For winning the Class 2-A, 130
lbs. division of the 1998 Iowa High School State Wrestling
Tournament.
1998\215 Nelda and John Koppenhaver, Clinton - For celebrating
their 60th wedding anniversary.
1998\216 Cory Meehan, Dubuque - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.
1998\217 Lorene and Arnold Heistand, Woodbine - For celebrating
their 50th wedding anniversary.
1998\218 Marie and Lou Kohl, Sioux City - For celebrating their
50th wedding anniversary.
1998\219 Celia and Elmer Kooiker, Missouri Valley - For
celebrating their 50th wedding anniversary.
1998\220 Pearl Brown, Missouri Valley - For celebrating her 90th
birthday.
1998\221 Opal Beaman, Persia - For celebrating her 85th birthday.
1998\222 Coach Steve Shirk and the Wilton High School Wrestling
Team, Wilton - For being a runner-up in the Class 1-A division
of the 1998 Iowa High School State Wrestling Tournament.
1998\223 Coach Bill Plein and the Columbus Junction High School
Wrestling Team, Columbus Junction - For being a runner-up in the
Class 1-A division of the 1998 Iowa High School State Wrestling
Tournament.
1998\224 New Hampton Community High School Wrestling Team, New
Hampton - For receiving 2nd place in the Class 2-A division of
the 1998 Iowa High School State Wrestling Tournament.
1998\225 Coach Larry Straw, New Hampton - For coaching the New
Hampton Community High School Wrestling Team to 2nd place in the
Class 2-A division of the 1998 Iowa High School State Wrestling
Tournament.
1998\226 Jesse Zobeck, Crestwood High School - For receiving 2nd
place in the Class 2-A, 125 lbs. division of the 1998 Iowa High
School State Wrestling Tournament.
1998\227 Adam Kramer, New Hampton Community High School - For
receiving 2nd place in the Class 2-A, 112 lbs. division of the
1998 Iowa High School State Wrestling Tournament.
1998\228 Cory Beckman, New Hampton Community High School - For
winning the Class 2-A, 140 lbs. division of the 1998 Iowa High
School State Wrestling Tournament.
1998\229 Henrietta and Everett Whitten, Packwood - For
celebrating their 55th wedding anniversary.
1998\230 Evelyn and Virtus Kruse, Clinton - For celebrating
their 50th wedding anniversary.
SUBCOMMITTEE ASSIGNMENTS
House File 2386
Ways and Means: Dix, Chair; Drake and Richardson.
House File 2419
Ways and Means: Jenkins, Chair; Teig and Weigel.
House File 2441
Ways and Means: Drake, Chair; Frevert and Greig.
House File 2483
Appropriations: Nelson, Chair; Cataldo and Houser.
House File 2500
Appropriations: Nelson, Chair; Houser and Wise.
House File 2501
Appropriations: Brunkhorst, Chair; Jacobs and Wise.
House File 2519
Appropriations: Nelson, Chair; Brand and Houser.
Senate File 2162
Commerce and Regulation: Churchill, Chair; Chapman and Dix.
Senate File 2225
Judiciary: Dinkla, Chair; Holveck and Lamberti.
Senate File 2226
Judiciary: Lamberti, Chair; Dinkla and Kreiman.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 694
Appropriations: Millage, Chair; Jacobs and Wise.
House Study Bill 695
Appropriations: Gipp, Chair; Brand and Sukup.
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 HUMAN RESOURCES
Committee Bill (Formerly House File 560), relating to the
reimbursement of certain providers of services under the medical
assistance program.
Fiscal Note is not required.
Recommended Amend and Do Pass February 26, 1998.
Committee Bill (Formerly House File 2141), establishing
dependent adult abuse assessment pilot projects, defining terms
related to dependent adult abuse, providing a civil penalty for
elder dependent adult abuse, and establishing a dependent adult
emergency services fund.
Fiscal Note is not required.
Recommended Amend and Do Pass February 26, 1998.
Committee Bill (Formerly House File 2299), requiring, upon the
birth of a child, a medically relevant test for the presence of
illegal substances.
Fiscal Note is not required.
Recommended Amend and Do Pass February 26, 1998.
COMMITTEE ON LOCAL GOVERNMENT
Senate File 2061, a bill for an act relating to a delay in
implementing the inclusion of certain information on property
tax statements by providing a deferral application process and
providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8165 March 3,
1998.
Pursuant to Rule 31.7, Senate File 2061 was referred to the
committee on ways and means.
RESOLUTION FILED
HCR 113, by Van Fossen, Martin, Holmes, Bradley, and Millage, a
concurrent resolution relating to the increased utilization of
the Rock Island Arsenal.
Laid over under Rule 25.
AMENDMENTS FILED
H_8157 H.F. 2101 Chiodo of Polk
Jacobs of Polk Van Fossen of Scott
Nelson of Marshall Churchill of Polk
Bernau of Story Jochum of Dubuque
Burnett of Story Connors of Polk
Larkin of Lee Hansen of Pottawattamie
Gipp of Winneshiek Drake of Pottawattamie
Taylor of Linn Cataldo of Polk
Bradley of Clinton Whitead of Woodbury
Holmes of Scott Tyrrell of Iowa
H_8158 H.F. 2413 O'Brien of Boone
H_8159 H.F. 2440 Carroll of Poweshiek
H_8160 H.F. 2440 Carroll of Poweshiek
H_8161 H.F. 2494 Frevert of Palo Alto
Bernau of Story Brand of Tama
Bukta of Clinton Burnett of Story
Connors of Polk Doderer of Johnson
Dotzler of Black Hawk Drees of Carroll
Fallon of Polk Foege of Linn
Ford of Polk Holveck of Polk
Huser of Polk Jochum of Dubuque
Kinzer of Scott Koenigs of Mitchell
Kreiman of Davis Mascher of Johnson
May of Worth Mundie of Webster
Murphy of Dubuque Myers of Johnson
Osterhaus of Jackson Reynolds-Knight of Van Buren
Richardson of Warren Scherrman of Dubuque
Schrader of Marion Shoultz of Black Hawk
Taylor of Linn Weigel of Chickasaw
Whitead of Woodbury Moreland of Wapello
H_8162 H.F. 2251 Witt of Black Hawk
H_8163 H.F. 2498 Wise of Lee
Brand of Tama
H_8164 H.F. 2504 Kreiman of Davis
H_8165 S.F. 2061 Committee on Local
Government
H_8167 H.F. 2482 Lamberti of Polk
Nelson of Marshall
Welter of Jones
H_8168 H.F. 2501 Rants of Woodbury
H_8169 H.F. 2504 Kreiman of Davis
Richardson of Warren
H_8171 H.F. 2269 Kreiman of Davis
H_8172 H.F. 2272 Blodgett of Cerro Gordo
H_8173 H.F. 2290 Arnold of Lucas
H_8174 H.F. 2495 Sukup of Franklin
H_8175 H.F. 2495 Richardson of Warren
H_8176 H.F. 2470 Murphy of Dubuque
H_8177 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_8178 H.F. 2269 Rants of Woodbury
H_8179 H.F. 2402 Murphy of Dubuque
Scherrman of Dubuque
H_8180 H.F. 2504 Lamberti of Polk
Wise of Lee
Moreland of Wapello
H_8181 H.F. 2514 Huser of Polk
Nelson of Marshall
Cormack of Webster
Chiodo of Polk
H_8183 H.F. 2339 Fallon of Polk
H_8184 H.F. 299 Dotzler of Black Hawk
H_8185 H.F. 299 Wise of Lee
H_8186 H.F. 299 Dotzler of Black Hawk
H_8187 H.F. 299 Kinzer of Scott
H_8188 H.F. 299 Connors of Polk
H_8189 H.F. 299 Whitead of Woodbury
H_8190 H.F. 299 Chapman of Linn
H_8191 H.F. 299 Taylor of Linn
H_8192 H.F. 299 Huser of Polk
H_8193 H.F. 299 Chapman of Linn
H_8194 H.F. 299 Scherrman of Dubuque
H_8195 H.F. 299 Murphy of Dubuque
H_8196 H.F. 299 Fallon of Polk
H_8197 H.F. 299 Taylor of Linn
H_8198 H.F. 299 Dotzler of Black Hawk
H_8199 H.F. 299 Dotzler of Black Hawk
H_8200 H.F. 299 Taylor of Linn
H_8201 H.F. 299 Taylor of Linn
H_8202 H.F. 299 Taylor of Linn
H_8203 H.F. 299 O'Brien of Boone
H_8204 H.F. 299 O'Brien of Boone
H_8205 H.F. 299 Falck of Fayette
H_8206 H.F. 299 Mundie of Webster
On motion by Siegrist of Pottawattamie, the House adjourned at
8:33 p.m., until 8:45 a.m., Wednesday, March 4, 1998.
Correction to Journal of March 2, 1998
Page 385 - House File 2368 withdrawn by Doderer of Johnson
should have been House File 2365 withdrawn.
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