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House Journal: Tuesday, March 3, 1998

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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