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Fifty-first Calendar Day - Thirty-fourth Session Day Hall of the House of Representatives Des Moines, Iowa, Tuesday, March 3, 1998 The House met pursuant to adjournment at 8:45 a.m., Speaker Corbett in the chair. Prayer was offered by Father John McLaughlin, Holy Trinity Roman Catholic Church, Des Moines. The Journal of Monday, March 2, 1998 was approved. INTRODUCTION OF BILLS House File 2506, by committee on natural resources, a bill for an act relating to the taking of mussels from the waters of this state and providing an effective date. Read first time and placed on the calendar. House File 2507, by committee on local government, a bill for an act creating an Iowa empowerment board for managing state and community efforts involving community empowerment areas and providing effective dates. Read first time and placed on the calendar. House File 2508, by committee on local government, a bill for an act relating to condemnation of agricultural land for economic development purposes, providing for the Act's applicability, and providing an effective date. Read first time and placed on the calendar. House File 2509, by committee on human resources, a bill for an act relating to medical assistance including transfer of assets, interest on medical assistance debt, and probate procedures relative to medical assistance debt. Read first time and placed on the calendar. House File 2510, by committee on natural resources, a bill for an act requesting an interim study conference of the loess hills areas of this state. Read first time and placed on the calendar. House File 2511, by committee on environmental protection, a bill for an act relating to waste tires and tire-derived fuels. Read first time and placed on the calendar. House File 2512, by committee on judiciary, a bill for an act to provide a penalty for the theft or redemption of stolen lottery tickets. Read first time and placed on the calendar. House File 2513, by committee on ways and means, a bill for an act relating to the individual income tax by eliminating the taxation of certain capital gains and providing special treatment of gains from the sales of businesses to descendants, increasing the amount of pension income excluded, increasing certain personal exemption tax credits, and increasing and expanding the tuition and textbook tax credit, exempting sales and services to certain nonprofit hospitals from the sales, services, and use taxes, and relating to the income eligibility requirements for the homestead property tax credit, mobile home tax credit, or reimbursement for rent constituting property taxes paid, and including effective and prospective and retroactive applicability date provisions. Read first time and placed on the ways and means calendar. House File 2514, by committee on transportation, a bill for an act relating to motor vehicle operation and motor vehicles, carriers and motor trucks, and penalties and hazardous materials, including weight requirements and transportation of hazardous materials, and providing an effective date. Read first time and placed on the calendar. House File 2515, by committee on labor and industrial relations, a bill for an act relating to workers' compensation by repealing the second injury compensation Act, eliminating the second injury fund, providing for the resolution of claims against the fund to include the imposition of an employer surcharge, providing for employee compensation for certain subsequent injuries, and providing an effective date. Read first time and placed on the calendar. House File 2516, by committee on human resources, a bill for an act providing for mandatory licensure for marital and family therapists and mental health counselors, establishing transition provisions, removing frequency requirements regarding board of behavioral science examiners' meetings, and providing an effective date. Read first time and placed on the calendar. House File 2517, by committee on commerce and regulation, a bill for an act establishing a healthy and well kids in Iowa (HAWK-I) program to provide health insurance to eligible children. Read first time and placed on the calendar. House File 2518, by committee on human resources, a bill for an act providing for monitoring and review of state officials, employees, and judicial compliance with requirements under law and providing an effective date. Read first time and placed on the calendar. SENATE MESSAGES CONSIDERED Senate File 2225, by committee on judiciary, a bill for an act to legalize the proceedings of the board of directors of the Sigourney Community School District to sell certain school district property and providing effective and retroactive applicability dates. Read first time and referred to committee on judiciary. Senate File 2226, by committee on judiciary, a bill for an act to extend the jurisdiction of the juvenile court to include adoption and termination of parental rights proceedings. Read first time and referred to committee on judiciary. Senate File 2235, by committee on judiciary, a bill for an act concerning judicial administration. Read first time and passed on file. On motion by Siegrist of Pottawattamie, the House was recessed at 8:53 a.m., until 10:30 a.m. LATE MORNING SESSION The House reconvened at 10:35 a.m., Speaker pro tempore Van Maanen of Marion in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed sixty-five members present, thirty-five absent. LEAVE OF ABSENCE Leave of absence was granted as follows: Veenstra of Sioux on request of Speaker Corbett; Chapman of Linn on request of Jochum of Dubuque. INTRODUCTION OF BILLS House File 2519, by committee on local government, a bill for an act relating to county mental health, mental retardation, and developmental disabilities service funding, allocating an appropriation, and providing effective dates. Read first time and referred to committee on appropriations. House File 2520, by committee on local government, a bill for an act relating to mental health, developmental disability, and substance abuse service and payment provisions, providing a penalty, and including an applicability provision and an effective date. Read first time and placed on the calendar. House File 2521, by committee on transportation, a bill for an act specifying lighting equipment for snowplows, regulating snowplow operations, and making penalties applicable. Read first time and placed on the calendar. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on March 2, 1998, adopted the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 106, a concurrent resolution designating March 1998 as Iowa Women's History Month. Also: That the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 347, a bill for an act relating to the disposal of public nuisances seized by the department of natural resources. Also: That the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2259, a bill for an act relating to search warrant applications. Also: That the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2310, a bill for an act relating to professional engineering licensure requirements for applicants with certain educational qualifications. Also: That the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2338, a bill for an act relating to the entities responsible for assisting in international adoptions. Also: That the Senate has on March 2, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2366, a bill for an act relating to the licensing and employment of practitioners and the school districts employing them, making appropriations, and including retroactive applicability and effective date provisions. MARY PAT GUNDERSON, Secretary SENATE MESSAGES CONSIDERED Senate File 2109, by Borlaug, a bill for an act relating to mobile home dealers. Read first time and passed on file. Senate File 2267, by committee on state government, a bill for an act concerning the release of information by the department of transportation to governmental employees. Read first time and passed on file. CONSIDERATION OF BILLS Ways and Means Calendar House File 2374, a bill for an act exempting sales made to and services performed for organ procurement organizations from the state sales, services, and use taxes, was taken up for consideration. Drake of Pottawattamie moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2374) The ayes were, 97: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 3: Chapman Chiodo Veenstra The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Regular Calendar House File 2444, a bill for an act relating to annual reports, audits, and board of director composition of nonprofit corporations created by or in association with the Iowa finance authority and providing effective dates, was taken up for consideration. Holveck of Polk offered the following amendment H-8154 filed by Holveck, et al., and moved its adoption: H-8154 1 Amend House File 2444 as follows: 2 1. Page 1, line 8, by inserting after the word 3 "two" the following: "nonvoting ex-officio". 4 2. Page 1, line 18, by inserting after the word 5 "assisted," the following: "project fees received,". 6 3. Page 1, line 27, by inserting after the word 7 "members." the following: "The information submitted 8 pursuant to this paragraph shall include the 9 compensation received, including salary and benefits, 10 received by each employee and board member." Amendment H-8154 was adopted. Boggess of Taylor moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2444) The ayes were, 96: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 4: Chapman Chiodo Heaton Veenstra The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 2374 and 2444. Speaker Corbett in the chair at 10:56 a.m. Special Order Calendar House File 681, a bill for an act creating an environmental audit privilege and providing penalties, with report of committee recommending amendment and passage, was taken up for consideration. The House stood at ease at 11:08 a.m., until the fall of the gavel. The House resumed session at 12:00 p.m., Speaker pro tempore Van Maanen of Marion in the chair. On motion by Siegrist of Pottawattamie, the House was recessed at 12:02 p.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 1:00 p.m., Speaker pro tempore Van Maanen of Marion in the chair. Gipp of Winneshiek asked and received unanimous consent that House File 681 be temporarily deferred and that the bill retain its place on the calendar. ADOPTION OF SENATE CONCURRENT RESOLUTION 106 Gipp of Winneshiek asked and received unanimous consent for the immediate consideration of Senate Concurrent Resolution 106, a concurrent resolution designating March 1998 as Iowa Women's History Month. Holveck of Polk moved the adoption of the resolution. The motion prevailed and the resolution was adopted. SPECIAL PRESENTATION In celebration of "March Women's History Month", the Iowa Commission on the Status of Women, the Iowa Department of Education and the State Historical Society of Iowa has sponsored a "Write Women Back Into History" essay contest. Holveck of Polk and Grundberg of Polk presented the following winners of the contest: Sixth and Seventh Grade Category First Place _ Jessica Moser, St. Mary School, Guttenberg. Second Place _ Sarah Maahs, Ames Middle School, Ames. Third Place _ Andrea Roberts, Parnell Elementary School, Parnell. Eighth and Ninth Grade Category First Place _ Elizabeth Reicks, Turkey Valley Community School, Jackson Junction. Second Place _ Stephanie Gallegos, IKM Middle School, Irwin. Third Place _ Amanda Jo Miller, Red Oak Community High School, Red Oak. Best Essay on a Woman in a Nontraditional Career Award Heidi Hanel, Marion High School, Marion. Best Essays on Women in Science and Engineering First Place _ Melinda Padley, Linn-Mar High School, Marion. Second Place _ Meghan Minner, Roland-Story Middle School, Story City. Edith Rose Murphy Sackett Award on the Best Essay on a Woman Volunteer Craig Winger, Jefferson Junior High School, Dubuque. HOUSE CONCURRENT RESOLUTION 111 WITHDRAWN Grundberg of Polk asked and received unanimous consent to withdraw House Concurrent Resolution 111 from further consideration by the House. CONSIDERATION OF BILLS Regular Calendar House File 2336, a bill for an act relating to the assumption of risk by and liability of forcible felons and persons aiding and abetting in the commission of forcible felonies for damages resulting from the offenders' criminal conduct, was taken up for consideration. Lamberti of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2336) The ayes were, 93: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Frevert Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, 1: Fallon Absent or not voting, 6: Brand Chapman Ford Garman Holveck Rants The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 2030 WITHDRAWN Lamberti of Polk asked and received unanimous consent to withdraw House File 2030 from further consideration by the House. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 2336 be immediately messaged to the Senate. House File 2340, a bill for an act relating to the inclusion of dentists in the volunteer health care provider program, was taken up for consideration. Doderer of Johnson offered the following amendment H-8156 filed by her and Grundberg of Polk and moved its adoption: H-8156 1 Amend House File 2340 as follows: 2 1. Page 1, by inserting after line 28 the 3 following: 4 "Sec. ___. Section 135.24, subsection 2, Code 5 1997, is amended by adding the following new 6 paragraph: 7 NEW PARAGRAPH. c. Identification of the medical 8 services to be provided under the program. The 9 medical services provided shall include obstetrical 10 and gynecological medical services." 11 2. Title page, line 1, by inserting after the 12 word "dentists" the following: "and certain other 13 medical specialists". 14 3. By renumbering as necessary. Amendment H-8156 was adopted. Dinkla of Guthrie moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2340) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Frevert Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 5: Chapman Ford Garman Holveck Moreland The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 2340 be immediately messaged to the Senate. Special Order Calendar The House resumed consideration of House File 681, a bill for an act creating an environmental audit privilege and providing penalties, temporarily deferred. Bradley of Clinton offered amendment H-8054 filed by the committee on environmental protection as follows: H-8054 1 Amend House File 681 as follows: 2 1. By striking everything after the enacting 3 clause and inserting the following: 4 "Section 1. NEW SECTION. 455J.1 TITLE. 5 This chapter shall be known and cited as the 6 "Environmental Audit Privilege and Immunity Act". 7 Sec. 2. NEW SECTION. 455J.2 DEFINITIONS. 8 As used in this chapter, unless the context 9 otherwise requires: 10 1. "Department" means the department of natural 11 resources created under section 455A.2. 12 2. "Environmental audit" means a voluntary 13 evaluation of a facility or operation, of an activity 14 at a facility or operation, or of an environmental 15 management system at a facility or operation, which is 16 regulated under local, state, or federal environmental 17 laws, rules, ordinances, or permits, conducted by an 18 owner or operator, an employee of the owner or 19 operator, or an independent contractor that is 20 designed to identify historical or current 21 noncompliance, discover environmental contamination or 22 hazards, remedy noncompliance or improve compliance 23 with environmental laws, or improve an environmental 24 management system. Once initiated, an environmental 25 audit shall be completed within a reasonable time not 26 to exceed six months unless an extension is approved 27 by the governmental entity with regulatory authority 28 over the regulated facility or operation based on 29 reasonable grounds. 30 3. "Environmental audit report" means a document 31 or set of documents generated as a result of an 32 environmental audit. An "environmental audit report" 33 includes supporting information which may include, but 34 is not limited to, the report document itself, 35 observations, samples, analytical results, exhibits, 36 findings, opinions, suggestions, recommendations, 37 conclusions, drafts, memoranda, drawings, photographs, 38 computer-generated or electronically recorded 39 information, maps, charts, graphs, surveys, 40 implementation plans, interviews, discussions, 41 correspondence, and communications related to the 42 environmental audit, if the supporting information and 43 documents are generated and developed for the primary 44 purpose and in the course of or as a result of 45 conducting an environmental audit. An "environmental 46 audit report" may include any of the following 47 components: 48 a. A report prepared by the person conducting the 49 environmental audit, which may include the scope of 50 the environmental audit, the information gained in the Page 2 1 environmental audit, conclusions, recommendations, 2 exhibits, and appendices. 3 b. Memoranda and documents analyzing portions or 4 all of the report and discussing implementation 5 issues. 6 c. An implementation plan which addresses 7 correcting past noncompliance, improving current 8 compliance or an environmental management system, or 9 preventing future noncompliance. 10 d. Periodic updates documenting progress in 11 completing the implementation plan. 12 4. "Inquiring party" means any party appearing 13 before a court or a presiding officer in an 14 administrative proceeding seeking to review or obtain 15 an in camera review of an environmental audit report. 16 5. "Owner or operator" means the person or entity 17 who caused the environmental audit to be undertaken. 18 6. "Privilege" means the privilege provided to an 19 environmental audit report as provided in this 20 chapter. 21 Sec. 3. NEW SECTION. 455J.3 PRIVILEGE. 22 1. An environmental audit report is privileged and 23 confidential and is not discoverable or admissible as 24 evidence in any civil or administrative proceeding, 25 except as otherwise provided in this chapter. The 26 environmental audit report shall be labeled 27 "ENVIRONMENTAL AUDIT REPORT: PRIVILEGED DOCUMENT", or 28 labeled with words of similar import. Failure to 29 label each document does not constitute a waiver of 30 the environmental audit privilege or create a 31 presumption that the privilege does or does not apply. 32 2. A person shall not be compelled to testify or 33 produce a document related to an environmental audit 34 in any of the following circumstances: 35 a. If the testimony or document discloses any 36 component listed in section 455J.2, subsection 3, that 37 was made as part of the preparation of an 38 environmental audit report and that is addressed in a 39 privileged part of an environmental audit report. 40 b. If the person is any of the following: 41 (1) A person who conducted any portion of the 42 environmental audit but did not personally observe the 43 physical events of an environmental violation. 44 (2) A person to whom the results of the 45 environmental audit report are disclosed under section 46 455J.4, subsection 2. 47 (3) A custodian of the environmental audit report. 48 3. A person who conducts or participates in the 49 preparation of an environmental audit report and who 50 has observed physical events of an environmental Page 3 1 violation may testify about those events but shall not 2 be compelled to testify about or produce documents 3 related to the preparation of or any privileged part 4 of an environmental audit or any component listed in 5 section 455J.2, subsection 3. 6 4. An employee of a state agency or other 7 governmental employee shall not request, review, or 8 otherwise use an environmental audit report during an 9 agency inspection of a regulated facility or 10 operation, or an activity of a regulated facility or 11 operation. 12 5. A party asserting the privilege under this 13 section has the burden of establishing the 14 applicability of the privilege. 15 6. The privilege provided in this section is in 16 addition to the privilege provided to assistance 17 programs pursuant to section 455B.484A. 18 Sec. 4. NEW SECTION. 455J.4 WAIVER OF PRIVILEGE 19 - DISCLOSURE. 20 1. The privilege described in section 455J.3 shall 21 not apply to the extent that the privilege is 22 expressly waived by the owner or operator who prepared 23 the environmental audit report or caused the report to 24 be prepared. 25 2. Disclosure of an environmental audit report or 26 any information generated by an environmental audit 27 does not waive the privilege established in section 28 455J.3 if the disclosure meets any of the following 29 criteria: 30 a. The disclosure is made to address or correct a 31 matter raised by the environmental audit and the 32 disclosure is made to any of the following: 33 (1) A person employed by the owner or operator, 34 including temporary and contract employees. 35 (2) A legal representative of the owner or 36 operator. 37 (3) An officer or director of the regulated 38 facility or operation or a partner of the owner or 39 operator. 40 (4) An independent contractor retained by the 41 owner or operator. 42 b. The disclosure is made under the terms of a 43 confidentiality agreement between the owner or 44 operator of the audited facility or operation and any 45 of the following: 46 (1) A partner or potential partner of the owner or 47 operator of the facility or operation. 48 (2) A transferee or potential transferee of the 49 facility or operation. 50 (3) A lender or potential lender for the facility Page 4 1 or operation. 2 (4) A governmental official or agency of this 3 state. 4 (5) A person or entity engaged in the business of 5 insuring, underwriting, or indemnifying the facility 6 or operation. 7 3. A party to a confidentiality agreement 8 described in subsection 2, paragraph "b", who violates 9 that agreement is liable for damages caused by the 10 disclosure and for any other penalties stipulated in 11 the confidentiality agreement. 12 4. Information that is disclosed under subsection 13 2, paragraph "b", subparagraph (4), is confidential 14 and is not subject to disclosure under chapter 22. A 15 governmental entity, governmental employee, or 16 governmental official who discloses information in 17 violation of this subsection is subject to any penalty 18 provided in chapter 22. 19 5. The protections provided by federal or state 20 law shall be afforded to individuals who disclose 21 information to law enforcement authorities. 22 Sec. 5. NEW SECTION. 455J.5 REQUIRED DISCLOSURE. 23 1. A court or a presiding officer in an 24 administrative hearing may require disclosure of a 25 portion of an environmental audit report in a civil or 26 administrative proceeding if the court or presiding 27 officer affirmatively determines, after an in camera 28 review, that any of the following exists: 29 a. The privilege is asserted for a fraudulent 30 purpose. 31 b. The portion of the environmental audit report 32 is not subject to the privilege under section 455J.6. 33 c. The portion of the environmental audit report 34 shows evidence of noncompliance with a local, state, 35 or federal environmental or other law, rule, 36 ordinance, or permit condition and appropriate efforts 37 to achieve compliance with the law or ordinance were 38 not promptly initiated and pursued with reasonable 39 diligence after discovery of noncompliance. 40 2. A party seeking disclosure under this section 41 has the burden of proving that subsection 1 applies. 42 3. A decision of a presiding officer in an 43 administrative hearing under subsection 1 may be 44 directly appealed to the district court without 45 disclosure of the environmental audit report to any 46 person unless so ordered by the court. 47 4. A determination of a court under this section 48 is subject to interlocutory appeal to an appropriate 49 appellate court. 50 Sec. 6. NEW SECTION. 455J.6 MATERIALS NOT Page 5 1 PRIVILEGED. 2 1. The privilege described in this chapter does 3 not apply to any of the following: 4 a. A document, communication, datum, report, or 5 other information required by a regulatory agency to 6 be collected, developed, retained, or reported under a 7 local, state, or federal environmental law, rule, 8 ordinance, or permit condition. 9 b. Information obtained by observation, sampling, 10 or monitoring by a regulatory agency or a regulatory 11 agency's authorized designee. 12 c. Information obtained from a source not involved 13 in the preparation of the environmental audit report. 14 2. This section does not limit the right of a 15 person to agree to conduct an environmental audit and 16 disclose an environmental audit report. 17 Sec. 7. NEW SECTION. 455J.7 REVIEW OF PRIVILEGED 18 DOCUMENTS. 19 1. If an environmental audit report is obtained, 20 reviewed, or used in a criminal proceeding, the 21 administrative and civil evidentiary privilege 22 established in this chapter is not waived or made 23 inapplicable for any purpose other than for the 24 criminal proceeding. 25 2. Notwithstanding the privilege established in 26 this chapter, a regulatory agency may review 27 information in an environmental audit report that is 28 required to be collected, developed, retained, or 29 reported under a specific local, state, or federal 30 law, rule, ordinance, or permit condition, but such 31 review does not waive or make the administrative and 32 civil evidentiary privilege inapplicable. A 33 regulatory agency shall not adopt a rule or impose a 34 condition that circumvents the purpose of this 35 chapter. 36 3. If information is required to be made available 37 to the public by operation of a specific local, state, 38 or federal law, rule, ordinance, or permit condition, 39 the governmental authority shall notify the person 40 claiming the privilege of the potential for public 41 disclosure prior to obtaining such information under 42 subsection 1 or 2. 43 4. If privileged information is disclosed under 44 subsection 2 or 3, on the motion of a party, a court 45 or the presiding officer in an administrative hearing 46 shall suppress evidence offered in any civil or 47 administrative proceeding that arises or is derived 48 from review, disclosure, or use of information 49 obtained under this section if the review, disclosure, 50 or use is not authorized under section 455J.6. A Page 6 1 party having received information under subsection 2 2 or 3 has the burden of proving that the evidence 3 offered did not arise and was not derived from the 4 review of privileged information. 5 Sec. 8. NEW SECTION. 455J.8 VOLUNTARY DISCLOSURE 6 OF ENVIRONMENTAL VIOLATION - IMMUNITY. 7 1. An owner or operator is eligible for immunity 8 under this section from the time the department 9 receives official notification from the owner or 10 operator of a scheduled environmental audit. An owner 11 or operator is immune from any administrative or civil 12 penalty associated with the issues disclosed if the 13 owner or operator makes a prompt voluntary disclosure 14 to the department regarding an environmental violation 15 which is discovered through the environmental audit. 16 The owner or operator shall provide a timetable for 17 submitting a remediation schedule to the department 18 and information supporting the claim that the 19 disclosure is voluntary at the time that the 20 disclosure is made to the department. The owner or 21 operator creates a rebuttable presumption that the 22 disclosure is voluntary by providing such information 23 at the time of disclosure. To rebut the presumption 24 that a disclosure is voluntary, the department or 25 other party has the burden of proving that the 26 disclosure was not voluntary. Immunity is not 27 provided if the violations of local, state, or federal 28 environmental law, rule, ordinance, or permit 29 condition are intentional or if the violations of 30 local, state, or federal law, rule, ordinance, or 31 permit condition resulted in substantial actual injury 32 or imminent and substantial risk of injury to persons, 33 property, or the environment. 34 2. The disclosure of information is voluntary if 35 all of the following circumstances exist: 36 a. The disclosure arises out of an environmental 37 audit and relates to privileged information as 38 provided in section 455J.3. 39 b. The person making the disclosure uses 40 reasonable efforts to pursue compliance and corrects 41 the noncompliance within a reasonable period of time 42 after completion of the environmental audit in 43 accordance with a remediation schedule approved by the 44 department. If evidence shows that the noncompliance 45 is due to the failure to obtain a permit, reasonable 46 effort may be demonstrated by the submittal of a 47 complete permit application within a reasonable time. 48 Disclosure of information required to be reported by 49 local, state, or federal law, rule, ordinance, or 50 permit condition is not considered to be voluntary Page 7 1 disclosure and the immunity provisions in this section 2 are not applicable. 3 c. Environmental violations are identified in an 4 environmental audit report and disclosed before there 5 is notice of a citizen suit or a legal complaint by a 6 third party. 7 d. Environmental violations are identified in an 8 environmental audit report and disclosed before the 9 environmental violations are reported by any person 10 not involved in conducting the environmental audit or 11 to whom the environmental audit report was disclosed. 12 3. If an owner or operator has not provided the 13 department with notification of a scheduled 14 environmental audit prior to performing the audit, a 15 disclosure of information is voluntary if the 16 environmental violations are identified in an 17 environmental audit report and disclosed by certified 18 mail to the proper regulatory agency that has 19 jurisdiction over the disclosed violation prior to the 20 agency's commencement of an investigation. 21 4. If a person is required to make a disclosure 22 relating to a specific issue under a specific permit 23 condition or under an order issued by the department, 24 the disclosure is not voluntary with respect to that 25 issue. 26 5. Except as provided in this section, this 27 section does not impair the authority of the proper 28 regulatory agency to require a technical or remedial 29 action or to order injunctive relief. 30 6. Upon application to the department, the time 31 period within which a noncompliance item is corrected 32 under subsection 2 may be extended if it is not 33 practical to correct the noncompliance within the 34 reasonable period of time initially approved by the 35 department. The department shall not unreasonably 36 withhold the grant of an extension. If the department 37 denies an extension, the department shall provide the 38 requesting party with a written explanation of the 39 reasons for the denial. A request for de novo review 40 of the department's decision may be made to the 41 appropriate court. 42 7. Immunity provided under this section from 43 administrative or civil penalties does not apply under 44 any of the following circumstances: 45 a. If an owner or operator of the facility or 46 operation has been found in a civil or administrative 47 proceeding to have committed serious violations in 48 this state that constitute a pattern of continuous or 49 repeated violations of environmental laws, 50 administrative rules, permit conditions, settlement Page 8 1 agreements, or orders on consent, final orders, or 2 judicial orders and that were due to separate and 3 distinct events giving rise to the violations within 4 the three-year period prior to the date of disclosure, 5 or if under another provision of law an owner or 6 operator of a facility or operation is subject to 7 classification as a repeat or habitual violator. 8 b. If a violation of an environmental law, 9 administrative rule, permit condition, settlement 10 agreement, or order on consent, final order, or 11 judicial order results in a substantial economic 12 benefit which gives the violator a clear advantage 13 over its business competitors. 14 8. In cases where the conditions of a voluntary 15 disclosure are not met but a good faith effort was 16 made to voluntarily disclose and resolve a violation 17 detected in an environmental audit, the state and 18 local regulatory authorities shall consider the nature 19 and extent of any good faith effort in deciding the 20 appropriate enforcement response and shall consider 21 reducing any administrative or civil penalties based 22 on mitigating factors showing that one or more of the 23 conditions for voluntary disclosure have been met. 24 9. The immunity provided by this section does not 25 abrogate the responsibility of a person as provided by 26 applicable law to correct the violation, conduct 27 necessary remediation, or respond to third-party 28 actions. 29 Sec. 9. NEW SECTION. 455J.9 ABROGATION OF OTHER 30 PRIVILEGES. 31 This chapter shall not limit, waive, or abrogate 32 the scope or nature of any statutory or common-law 33 privilege, including the work product doctrine and the 34 attorney-client privilege. 35 Sec. 10. NEW SECTION. 455J.10 ENVIRONMENTAL 36 AUDITOR TRAINING PROGRAM. 37 A training program for and standards for 38 certification of environmental auditors shall be 39 developed jointly by the Iowa waste reduction center 40 and the department. The training program shall be 41 administered by the Iowa waste reduction center. The 42 program shall provide training on the proper conduct 43 of an environmental audit; local, state, and federal 44 environmental ordinances, rules, and laws that apply 45 to businesses in this state; and the environmental 46 audit laws in this state. The program shall be made 47 available to small and large business owners and 48 operators, consulting engineers, regulatory personnel, 49 and citizens through the community college system. A 50 fee may be assessed for participation in the program. Page 9 1 Upon completion of the training program, program 2 participants may elect to be tested by the department 3 for certification as an environmental auditor for the 4 purposes of this chapter. 5 Sec. 11. NEW SECTION. 455J.11 SUMMARY. 6 On or before December 1 of each year, the 7 department shall make available a summary of the 8 number of environmental audit notices received, the 9 violations, and the remediation status of the 10 violations reported pursuant to this chapter during 11 the preceding fiscal year. 12 Sec. 12. NEW SECTION. 455J.12 RULEMAKING. 13 The department may adopt rules pursuant to chapter 14 17A necessary to administer this chapter. 15 Sec. 13. NEW SECTION. 455J.13 COSTS. 16 The necessary costs incurred by the department 17 under this chapter shall be funded from appropriations 18 made to the department from the general fund of the 19 state." 20 2. Title page, by striking lines 1 and 2 and 21 inserting the following: "An Act creating an 22 environmental audit privilege and immunity, and an 23 environmental auditor training program, and providing 24 penalties." Shoultz of Black Hawk offered the following amendment H-8094, to the committee amendment H-8054, filed by him and moved its adoption: H-8094 1 Amend the amendment, H-8054, to House File 681 as 2 follows: 3 1. Page 1, line 6, by striking the words 4 "Privilege and". 5 2. By striking page 2, line 18, through page 6, 6 line 4. 7 3. Page 6, by striking lines 37 and 38 and 8 inserting the following: "audit." 9 4. Page 9, by striking line 19 and inserting the 10 following: "state. 11 Sec. ___. NEW SECTION. 455J.14 CONSTRUCTION. 12 This chapter shall not be construed to confer 13 immunity from liability in any private civil legal 14 action." 15 5. Page 9, line 22, by striking the words 16 "privilege and". 17 6. By renumbering as necessary. Roll call was requested by Schrader of Marion and Shoultz of Black Hawk. On the question "Shall amendment H-8094, to the committee amendment H-8054, be adopted?" (H.F. 681) The ayes were, 41: Bell Bernau Brand Bukta Burnett Cataldo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Huser Jochum Kinzer Koenigs Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Vande Hoef Warnstadt Weigel Whitead Wise The nays were, 54: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Chiodo Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Eddie Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Huseman Jacobs Jenkins Klemme Kreiman Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Veenstra Weidman Welter Witt Van Maanen, Presiding Absent or not voting, 5: Chapman Drake Garman Holveck Houser Amendment H-8094 lost. Bradley of Clinton offered the following amendment H-8095, to the committee amendment H-8054, filed by him and Witt of Black Hawk and moved its adoption: H-8095 1 Amend the amendment, H-8054, to House File 681 as 2 follows: 3 1. Page 1, line 11, by inserting after the figure 4 "455A.2" the following: "or its delegated authority". 5 2. Page 1, line 16, by striking the words "local, 6 state," and inserting the following: "state". 7 3. Page 1, line 17, by striking the words 8 "ordinances, or permits" and inserting the following: 9 "or permit conditions". 10 4. Page 1, line 21, by inserting after the word 11 "noncompliance" the following: "with environmental 12 laws, rules, ordinances, or permit conditions". 13 5. Page 1, line 24, by striking the word 14 "initiated" and inserting the following: 15 "notification is given to the department". 16 6. Page 1, lines 27 and 28, by striking the words 17 "governmental entity with regulatory authority over 18 the regulated facility or operation" and inserting the 19 following: "department". 20 7. Page 1, line 31, by striking the words 21 "generated as a result of" and inserting the 22 following: "generated and developed for the primary 23 purpose and in the course of or as a result of 24 conducting". 25 8. Page 1, by striking lines 42 through 45 and 26 inserting the following: "environmental audit. An 27 "environmental". 28 9. Page 2, line 22, by inserting after the word 29 "report" the following: "conducted after the 30 effective date of this Act". 31 10. Page 2, line 32, by inserting after the word 32 "testify" the following: "in regard to". 33 11. Page 2, line 33, by striking the words 34 "related to" and inserting the following: "included 35 in". 36 12. Page 4, by inserting after line 21 the 37 following: 38 "6. The provisions of this chapter shall not 39 abrogate the protections provided by federal and state 40 law regarding confidentiality and trade secrets." 41 13. Page 4, line 34, by striking the words 42 "local, state," and inserting the following: "state". 43 14. Page 4, line 36, by striking the word 44 "ordinance,". 45 15. Page 4, by inserting after line 39 the 46 following: 47 "d. The portion of the environmental audit report 48 shows clear and convincing evidence of substantial 49 actual personal injury, which information is not 50 otherwise available." Page 2 1 16. Page 4, by inserting after line 49 the 2 following: 3 "5. If a court finds that a person claiming 4 privilege under this chapter intentionally claimed the 5 privilege for information the person knew was 6 unprotected as provided in section 455J.6, the person 7 is subject to a fine not to exceed one thousand 8 dollars. 9 6. Privilege provided in this chapter does not 10 apply if an owner or operator of the facility or 11 operation has been found in a civil or administrative 12 proceeding to have committed serious violations in 13 this state that constitute a pattern of continuous or 14 repeated violations of environmental laws, 15 administrative rules, or permit conditions, that were 16 due to separate and distinct events giving rise to the 17 violations within the three-year period prior to the 18 date of disclosure." 19 17. Page 5, line 7, by striking the words "local, 20 state," and inserting the following: "state". 21 18. Page 5, line 8, by striking the word 22 "ordinance,". 23 19. Page 5, line 29, by striking the words 24 "local, state," and inserting the following: "state". 25 20. Page 5, line 30, by striking the word 26 "ordinance,". 27 21. Page 5, line 32, by inserting after the word 28 "inapplicable" the following: "to the remainder of 29 the report". 30 22. Page 5, line 37, by striking the words 31 "local, state," and inserting the following: "state". 32 23. Page 5, line 38, by striking the word 33 "ordinance,". 34 24. Page 6, lines 16 and 17, by striking the 35 words "a timetable for submitting". 36 25. Page 6, line 17, by inserting after the word 37 "department" the following: "as specified by rule". 38 26. Page 6, line 27, by striking the words 39 "local, state," and inserting the following: "state". 40 27. Page 6, line 28, by striking the word 41 "ordinance,". 42 28. Page 6, line 30, by striking the words 43 "local, state," and inserting the following: "state". 44 29. Page 6, line 30, by striking the word 45 "ordinance,". 46 30. Page 6, line 49, by striking the words 47 "local, state," and inserting the following: "state". 48 31. Page 6, line 49, by striking the word 49 "ordinance,". 50 32. Page 7, line 31, by striking the words "a Page 3 1 noncompliance item" and inserting the following: "the 2 disclosed violation". 3 33. By striking page 7, line 50, through page 8, 4 line 2, and inserting the following: "administrative 5 rules, and permit conditions and that were due to 6 separate and". 7 34. Page 8, line 4, by striking the word 8 "disclosure," and inserting the following: 9 "disclosure." 10 35. Page 8, by striking lines 5 through 7. 11 36. Page 8, lines 17 and 18, by striking the 12 words "and local". 13 37. Page 8, line 26, by inserting after the word 14 "law" the following: "to report a violation,". 15 38. Page 8, line 28, by inserting after the word 16 "actions." the following: "This chapter shall not be 17 construed to confer immunity from liability in any 18 private civil action except those actions brought 19 pursuant to section 455B.111." 20 39. By renumbering, relettering, and 21 redesignating as necessary. Amendment H-8095 was adopted, placing out of order amendment H-8097, to the committee amendment H-8054, filed by Shoultz of Black Hawk on February 24, 1998. Mascher of Johnson offered the following amendment H-8104, to the committee amendment H-8054, filed by Burnett of Story and moved its adoption: H-8104 1 Amend the amendment, H-8054, to House File 681, as 2 follows: 3 1. Page 1, by striking lines 12 through 29 and 4 inserting the following: 5 "2. "Environmental audit" means a systematic, 6 documented, and objective review conducted by an 7 environmental auditor certified by the board of 8 environmental auditor certifications for a regulated 9 entity of one or more facility operations and 10 practices related to compliance with one or more 11 environmental requirements and, if deficiencies are 12 found, a plan for corrective action. The final audit 13 document must be designated as an "audit report" and 14 must include the date of the final written report of 15 findings for the audit. Once initiated, an audit 16 shall be completed within a reasonable time, not to 17 exceed six months unless a written request for an 18 extension is approved by the director of the 19 department based on a showing of reasonable grounds. 20 An audit shall not be deemed to be initiated until the 21 certified environmental auditor has actively begun the 22 evaluation of environmental compliance." 23 2. By renumbering as necessary. Speaker Corbett in the chair at 2:27 p.m. Amendment H-8104 lost. Fallon of Polk asked and received unanimous consent that amendment H-8105, to the committee amendment H-8054, be deferred. Mascher of Johnson asked and received unanimous consent that amendment H-8116, to the committee amendment H-8054, be deferred. Shoultz of Black Hawk offered the following amendment H-8107, to the committee amendment H-8054, filed by him and moved its adoption: H-8107 1 Amend the amendment, H-8054, to House File 681 as 2 follows: 3 1. Page 3, by inserting after line 17 the 4 following: 5 "7. A person who asserts the privilege under this 6 section with the intent to deceive or injure a person 7 or to conceal any wrongdoing is guilty of a fraudulent 8 practice." Amendment H-8107 lost. Schrader of Marion asked and received unanimous consent that amendment H-8108, to the committee amendment H-8054, be deferred. Shoultz of Black Hawk offered the following amendment H-8106, to the committee amendment H-8054, filed by him and moved its adoption: H-8106 1 Amend the amendment, H-8054, to House File 681, as 2 follows: 3 1. Page 3, line 25, by striking the word 4 "Disclosure" and inserting the following: "Any 5 violation of an environmental law, rule, ordinance, or 6 permit condition which is discovered during an 7 environmental audit shall be reported to the 8 department within thirty days of the discovery of the 9 violation. The failure to report a violation in a 10 timely manner shall result in the waiver of any 11 privilege and confidentiality rights granted in 12 section 455J.3. However, disclosure". Roll call was requested by Schrader of Marion and Holveck of Polk. On the question "Shall amendment H-8106, to the committee amendment H-8054, be adopted?" (H.F. 681) The ayes were, 41: Bell Bernau Brand Bukta Burnett Cataldo Chiodo Cohoon Connors Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Warnstadt Weigel Whitead Wise The nays were, 54: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Chapman Churchill Cormack Dix Dolecheck Drake Eddie Gipp Greig Greiner Gries Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin May Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomas Thomson Tyrrell Van Maanen Vande Hoef Veenstra Weidman Welter Witt Mr. Speaker Corbett Absent or not voting, 5: Dinkla Doderer Garman Grundberg Van Fossen Amendment H-8106 lost. Shoultz of Black Hawk offered the following amendment H-8096, to the committee amendment H-8054, filed by him and moved its adoption: H-8096 1 Amend the amendment, H-8054, to House File 681, as 2 follows: 3 1. Page 4, by striking lines 7 through 11. 4 2. By renumbering as necessary. Roll call was requested by Shoultz of Black Hawk and Schrader of Marion. On the question "Shall amendment H-8096, to the committee amendment H-8054, be adopted?" (H.F. 681) The ayes were, 35: Bernau Brand Bukta Burnett Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Ford Frevert Holveck Huser Jochum Kinzer Koenigs Larkin Mascher Moreland Mundie Murphy Myers Osterhaus Reynolds-Knight Scherrman Schrader Shoultz Taylor Warnstadt Weigel Whitead Wise The nays were, 61: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cataldo Chapman Churchill Cormack Dix Dolecheck Drake Eddie Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Huseman Jacobs Jenkins Klemme Kreiman Kremer Lamberti Larson Lord Martin May Mertz Metcalf Meyer Millage Nelson O'Brien Rants Rayhons Richardson Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Witt Mr. Speaker Corbett Absent or not voting, 4: Dinkla Foege Garman Houser Amendment H-8096 lost. Hansen of Pottawattamie in the chair at 3:30 p.m. Shoultz of Black Hawk offered the following amendment H-8099, to the committee amendment H-8054, filed by him and moved its adoption: H-8099 1 Amend the amendment, H-8054, to House File 681, as 2 follows: 3 1. Page 4, by inserting after line 39 the 4 following: 5 "1A. A court or presiding officer conducting an in 6 camera review pursuant to this section may request 7 technical assistance from experts during the in camera 8 review." 9 2. By renumbering as necessary. A non-record roll call was requested. The ayes were 43, nays 47. Amendment H-8099 lost. Moreland of Wapello offered the following amendment H-8112, to the committee amendment H-8054, filed by him and moved its adoption: H-8112 1 Amend the amendment, H-8054, to House File 681 as 2 follows: 3 1. Page 4, by inserting after line 39 the 4 following: 5 "d. The portion of the environmental audit report 6 is relevant to demonstrate compliance or noncompliance 7 with a duty to disclose information to third parties 8 under statute, contract, or common law." 9 2. By renumbering as necessary. Roll call was requested by Shoultz of Black Hawk and Koenigs of Mitchell. Rule 75 was invoked. On the question "Shall amendment H-8112, to the committee amendment H-8054, be adopted?" (H.F. 681) The ayes were, 46: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 52: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dix Dolecheck Drake Eddie Gipp Greig Greiner Gries Grundberg Hahn Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Hansen, Presiding Absent or not voting, 2: Dinkla Garman Amendment H-8112 lost. Shoultz of Black Hawk offered the following amendment H-8115, to the committee amendment H-8054, filed by him and moved its adoption: H-8115 1 Amend the amendment, H-8054, to House File 681 as 2 follows: 3 1. Page 4, by inserting after line 39 the 4 following: 5 "d. The court determines that the inquiring 6 party's need for the portion of the environmental 7 audit report outweighs the interest of the owner or 8 operator in protecting its evaluation process. In so 9 determining, the court shall weigh the relevance of 10 the evidence sought to be protected, the availability 11 of other evidence, the seriousness of the litigation 12 and the issues involved, the role of the government in 13 the litigation, and the adverse impact on the owner's 14 or operator's reasonable expectations of 15 confidentiality in the information sought to be 16 disclosed." 17 2. By renumbering as necessary. Amendment H-8115 lost. Holveck of Polk offered the following amendment H-8109, to the committee amendment H-8054, filed by him and moved its adoption: H-8109 1 Amend the amendment, H-8054, to House File 681 as 2 follows: 3 1. Page 4, line 41, by inserting after the word 4 "applies." the following: "The party seeking 5 disclosure shall be provided with a copy of the 6 environmental audit report at least ten days prior to 7 the in camera hearing unless the court or presiding 8 officer orders a shorter or longer time. The court or 9 presiding officer may issue appropriate protective 10 orders to ensure privileged information is not 11 released to third parties during the proceedings." Amendment H-8109 lost. Holveck of Polk offered the following amendment H-8098, to the committee amendment H-8054, filed by him and moved its adoption: H-8098 1 Amend the amendment, H-8054, to House File 681 as 2 follows: 3 1. Page 4, by striking lines 47 through 49. Amendment H-8098 lost. Holveck of Polk offered the following amendment H-8100, to the committee amendment H-8054, filed by him and moved its adoption: H-8100 1 Amend the amendment, H-8054, to House File 681 as 2 follows: 3 1. Page 5, by inserting after line 13 the 4 following: 5 "d. Information pertaining to any violation found 6 and disclosed in an environmental audit report which 7 was not corrected within sixty days of the completion 8 of the audit. Once disclosed as part of an 9 environmental audit, the department may only grant an 10 extension of the correction time on reasonable 11 grounds." Amendment H-8100 lost. Shoultz of Black Hawk offered the following amendment H-8110, to the committee amendment H-8054, filed by him and moved its adoption: H-8110 1 Amend the amendment, H-8054, to House File 681 as 2 follows: 3 1. Page 5, by inserting after line 13 the 4 following: 5 "d. Information which is contrary to or 6 inconsistent with reports to a regulatory agency or 7 testimony given by or on behalf of the person claiming 8 the privilege." 9 2. By renumbering as necessary. Amendment H-8110 lost. Holveck of Polk offered the following amendment H-8101, to the committee amendment H-8054, filed by him and moved its adoption: H-8101 1 Amend the amendment, H-8054, to House File 681 as 2 follows: 3 1. Page 5, by inserting after line 13 the 4 following: 5 "d. Information related to a condition that the 6 owner or operator knew or should have known about 7 prior to the department receiving official 8 notification of an environmental audit." Roll call was requested by Shoultz of Black Hawk and Larson of Linn. On the question "Shall amendment H-8101, to the committee amendment H-8054, be adopted?" (H.F. 681) The ayes were, 41: Bell Bernau Bukta Burnett Chapman Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 53: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Gipp Greig Greiner Gries Grundberg Hahn Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Hansen, Presiding Absent or not voting, 6: Brand Cataldo Chiodo Ford Garman Taylor Amendment H-8101 lost. Moreland of Wapello offered the following amendment H-8113, to the committee amendment H-8054, filed by him and moved its adoption: H-8113 1 Amend the amendment, H-8054, to House File 681 as 2 follows: 3 1. Page 5, line 19, by inserting after the figure 4 "1." the following: "The privileges created in this 5 chapter shall not apply to criminal investigations or 6 proceedings. An environmental audit report, 7 supporting documents, and testimony relating thereto 8 may be obtained by a prosecutor's subpoena pursuant to 9 the rules of criminal procedure." Amendment H-8113, to the committee amendment H-8054, was adopted. Siegrist of Pottawattamie offered the following amendment H-8170, to the committee amendment H-8054, filed by him from the floor and moved its adoption: H-8170 1 Amend the amendment, H-8054, to House File 681 as 2 follows: 3 1. Page 5, line 20, by inserting after the word 4 "criminal" the following: "investigation or". 5 2. Page 5, line 24, by inserting after the word 6 "criminal" the following: "investigation or". Amendment H-8170, to the committee amendment H-8054, was adopted. Schrader of Marion offered the following amendment H-8166, to the committee amendment H-8054, filed by him from the floor and moved its adoption: H-8166 1 Amend the amendment, H-8054, to House File 681 as 2 follows: 3 1. Page 9, line 13, by striking the word "may" 4 and inserting the following: "shall". Amendment H-8166, to the committee amendment H-8054, was adopted. Mascher of Johnson offered the following amendment H-8102, to the committee amendment H-8054, filed by her and moved its adoption: H-8102 1 Amend the amendment, H-8054, to House File 681 as 2 follows: 3 1. Page 9, by striking line 19 and inserting the 4 following: "state. 5 Sec. ___. NEW SECTION. 455J.14 FUTURE REPEAL. 6 This chapter is repealed effective June 30, 2001." 7 2. By renumbering as necessary. Speaker Corbett in the chair at 5:52 p.m. Roll call was requested by Shoultz of Black Hawk and Fallon of Polk. On the question "Shall amendment H-8102, to the committee amendment H-8054, be adopted?" (H.F. 681) The ayes were, 36: Bernau Brand Bukta Burnett Chapman Chiodo Cohoon Connors Cormack Doderer Drees Falck Fallon Foege Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher Moreland Mundie Murphy Myers Osterhaus Reynolds-Knight Scherrman Schrader Shoultz Taylor Warnstadt Weigel Whitead The nays were, 62: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cataldo Churchill Dinkla Dix Dolecheck Dotzler Drake Eddie Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin May Mertz Metcalf Meyer Millage Nelson O'Brien Rants Rayhons Richardson Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Wise Witt Mr. Speaker Corbett Absent or not voting, 2: Ford Garman Amendment H-8102 lost. Holveck of Polk offered the following amendment H-8103, to the committee amendment H-8054, filed by him and moved its adoption: H-8103 1 Amend the amendment, H-8054, to House File 681 as 2 follows: 3 1. Page 9, by striking line 19 and inserting the 4 following: "state. 5 Sec. ___. NEW SECTION. 455J.14 LIMITATIONS. 6 Notwithstanding any provision in this chapter, a 7 privilege provided in this chapter shall not exist in 8 connection with any private civil legal action. This 9 chapter shall not be construed to confer immunity from 10 liability in any private civil legal action." 11 2. By renumbering as necessary. Roll call was requested by Holveck of Polk and Shoultz of Black Hawk. On the question "Shall amendment H-8103, to the committee amendment H-8054, be adopted?" (H.F. 681) The ayes were, 39: Bell Bernau Brand Bukta Burnett Cataldo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher Moreland Mundie Murphy Myers Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Warnstadt Weigel Whitead Wise The nays were, 60: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Chapman Chiodo Churchill Cormack Dinkla Dix Dolecheck Drake Eddie Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin May Mertz Metcalf Meyer Millage Nelson O'Brien Rants Rayhons Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Witt Mr. Speaker Corbett Absent or not voting, 1: Garman Amendment H-8103 lost. Moreland of Wapello offered the following amendment H-8111, to the committee amendment H-8054, filed by him and moved its adoption: H-8111 1 Amend the amendment, H-8054, to House File 681 as 2 follows: 3 1. Page 9, by striking line 19 and inserting the 4 following: "state. 5 Sec. ___. NEW SECTION. 455J.14 DISCLOSURE. 6 This chapter shall not alter or amend the duties, 7 rights, or obligations of persons to disclose 8 information to third parties, whether such duties, 9 rights, or obligations arise from statute, contract, 10 or common law." 11 2. By renumbering as necessary. A non-record roll call was requested. The ayes were 40, nays 50. Amendment H-8111 lost. Jenkins of Black Hawk asked and received unanimous consent to withdraw amendment H-8091, to the committee amendment H-8054, filed by him and Falck of Fayette on February 24, 1998. Mascher of Johnson offered the following amendment H-8114, to the committee amendment H-8054, filed by Burnett of Story and moved its adoption: H-8114 1 Amend the amendment, H-8054, to House File 681 as 2 follows: 3 1. By striking page 1, line 4, through page 9, 4 line 24, and inserting the following: 5 ""Sec. ___. NEW SECTION. 455J.1 DEFINITIONS. 6 As used in this chapter, unless the context 7 otherwise requires: 8 1. "Compliance assistance" means information and 9 assistance provided by the department to aid an owner 10 or operator in complying with legally mandated 11 environmental requirements. "Compliance assistance" 12 does not include enforcement inspections or 13 enforcement actions. 14 2. "Department" means the department of natural 15 resources created under section 455A.2. 16 3. "Environmental audits" means a systematic, 17 documented, periodic, and objective review by 18 regulated entities of facility operations and 19 practices related to meeting environmental 20 requirements. 21 4. "Owner or operator" means the person or entity 22 who caused the environmental audit to be undertaken. 23 5. "Penalty mitigation" means the elimination or 24 mitigation of penalties imposed by the department for 25 violations of environmental laws, rules, or permit 26 conditions. 27 Sec. ___. NEW SECTION. 455J.2 VIOLATIONS. 28 In order for an owner or operator to be eligible 29 for penalty mitigation under section 455J.3, 30 violations of environmental laws, rules, or permit 31 conditions must be discovered through an environmental 32 audit and not through a legally mandated monitoring or 33 sampling requirement prescribed by statute, 34 regulation, permit, judicial order, or consent 35 agreement. An owner or operator shall report all 36 violations discovered during an environmental audit to 37 the department within thirty days from the time the 38 discovery is made. 39 Sec. ___. NEW SECTION. 455J.3 PENALTY 40 MITIGATION. 41 1. The department shall eliminate a penalty 42 imposed on an owner or operator for a violation 43 reported pursuant to section 455J.2 if the department 44 determines that the owner or operator satisfies all of 45 the following criteria: 46 a. The owner or operator has made a good faith 47 effort to comply with applicable environmental 48 requirements. 49 b. The owner or operator has not previously been 50 found to violate the same environmental law, rule, or Page 2 1 permit condition. 2 c. The owner or operator remedies the violation 3 within one hundred eighty days of the violation. The 4 department may grant one extension of one hundred 5 eighty days if the remedy requires implementing a 6 pollution prevention measure. 7 d. The owner or operator demonstrates all of the 8 following: 9 (1) The violation has not caused actual serious 10 harm to public health, safety, or the environment. 11 (2) The violation is not one that may present an 12 imminent and substantial endangerment to public health 13 or the environment. 14 (3) The violation does not present a significant 15 health, safety, or environmental threat. 16 (4) The violation does not involve criminal 17 conduct. 18 2. The department may mitigate a penalty imposed 19 on an owner or operator for a violation reported 20 pursuant to section 455J.2 if the department 21 determines that the owner or operator satisfies all of 22 the criteria listed in subsection 1, except for 23 paragraph "c". In determining the appropriate amount 24 to mitigate, the department shall consider, at a 25 minimum, the nature of the violation, the duration of 26 the violation, the environmental or public health 27 impacts of the violation, good faith efforts by the 28 owner or operator to promptly remedy the violation, 29 and the facility's overall record of compliance with 30 environmental laws, rules, and permit conditions. 31 Sec. ___. NEW SECTION. 455J.4 COMPLIANCE 32 ASSISTANCE. 33 1. The department may provide on-site compliance 34 assistance to an owner or operator upon request. If 35 the department is unable to provide compliance 36 assistance to an owner or operator in a timely manner, 37 the department shall within thirty days of receiving 38 the request for compliance assistance provide the 39 owner or operator with notice of the department's 40 inability to provide compliance assistance. 41 2. Prior to providing on-site compliance 42 assistance, the department shall obtain an agreement 43 with the owner or operator which includes a statement 44 explaining the compliance assistance procedures, the 45 responsibilities of each party, the availability of 46 penalty mitigation, and the responsibilities of the 47 owner or operator for any violation discovered." 48 2. Title page, by striking lines 1 and 2 and 49 inserting the following: "An Act providing for 50 elimination and mitigation of penalties resulting from Page 3 1 the reporting of violations discovered in 2 environmental audits and on-site compliance 3 assistance."" Roll call was requested by Shoultz of Black Hawk and Holveck of Polk. On the question "Shall amendment H-8114, to the committee amendment H-8054, be adopted?" (H.F. 681) The ayes were, 41: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher Moreland Mundie Murphy Myers Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Warnstadt Weigel Whitead Wise The nays were, 57: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Churchill Cormack Dinkla Dix Dolecheck Drake Eddie Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin May Mertz Metcalf Meyer Millage Nelson O'Brien Rants Rayhons Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Witt Mr. Speaker Corbett Absent or not voting, 2: Carroll Garman Amendment H-8114 lost. Fallon of Polk offered amendment H-8105, to the committee amendment H-8054, filed by him and requested division as follows: H-8105 1 Amend the amendment, H-8054, to House File 681 as 2 follows: H-8105A 3 1. Page 1, by striking line 32 and inserting the 4 following: "environmental audit and filed with the 5 department. An "environmental audit report"". H-8105B 6 2. Page 6, by inserting after line 4 the 7 following: 8 "5. The department shall allow, upon request, the 9 review of the contents of an environmental audit 10 report filed with the department to all of the 11 following: 12 a. Medical doctors. 13 b. Health officials. 14 c. Statisticians. 15 d. Public health officials. 16 e. The general assembly. 17 f. Environmental groups studying issues relating 18 to environmental spills and cleanup." Fallon of Polk asked and received unanimous consent to withdraw amendment H-8105A, filed by him on February 24, 1998. Mascher of Johnson offered the following amendment H-8116, to the committee amendment H-8054, filed by her and moved its adoption: H-8116 1 Amend the amendment, H-8054, to House File 681 as 2 follows: 3 1. Page 1, by striking line 32 and inserting the 4 following: "environmental audit and filed with the 5 department. An "environmental audit report"". Amendment H-8116, to the committee amendment H-8054, was adopted. Speaker pro tempore Van Maanen of Marion in the chair at 6:55 p.m. Holveck of Polk offered the following amendment H-8108, to the committee amendment H-8054, filed by him and moved its adoption: H-8108 1 Amend the amendment, H-8054, to House File 681 as 2 follows: 3 1. Page 3, by inserting after line 17 the 4 following: 5 "7. Notwithstanding any other provision of this 6 chapter, the privileges conferred by this chapter 7 shall not be available in a civil or criminal action 8 against an owner or operator for discharge of a 9 pollutant which resulted in a violation of water 10 quality standards, ambient air quality standards, or 11 safe drinking water standards." 12 2. Page 8, by inserting after line 28 the 13 following: 14 "10. Notwithstanding any other provision of this 15 chapter, the immunities conferred by this chapter 16 shall not be available in a civil or criminal action 17 against an owner or operator for discharge of a 18 pollutant which resulted in a violation of water 19 quality standards, ambient air quality standards, or 20 safe drinking water standards." Amendment H-8108 lost. Fallon of Polk moved the adoption of amendment H-8105B, to the committee amendment H-8054. Roll call was requested by Shoultz of Black Hawk and Fallon of Polk. On the question "Shall amendment H-8105B, to the committee amendment H-8054, be adopted?" (H.F. 681) The ayes were, 38: Bernau Brand Bukta Burnett Chiodo Cohoon Connors Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Warnstadt Weigel Whitead The nays were, 59: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Cataldo Chapman Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin May Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Wise Witt Van Maanen, Presiding Absent or not voting, 3: Carroll Doderer Garman Amendment H-8105B lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Grundberg of Polk on request of Gipp of Winneshiek. Schrader of Marion offered the following amendment H-8182, to the committee amendment H-8054, filed by him from the floor and moved its adoption: H-8182 1 Amend the amendment, H-8054, to House File 681 as 2 follows: 3 1. Page 9, by inserting before line 20 the 4 following: 5 "Sec. ___. NEW SECTION. 455J.14 EXCLUSION. 6 A facility or operation which includes an animal 7 feeding operation structure as defined in section 8 455B.161 is not eligible for any privilege or immunity 9 granted under this chapter." 10 2. By renumbering as necessary. Roll call was requested by Schrader of Marion and Eddie of Buena Vista. On the question "Shall amendment H-8182, to the committee amendment H-8054, be adopted?" (H.F. 681) The ayes were, 42: Arnold Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Warnstadt Weigel Whitead Wise Witt The nays were, 54: Barry Bell Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Falck Gipp Greig Greiner Gries Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Lord Martin May Mertz Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 4: Carroll Garman Grundberg Larson Amendment H-8182 lost. Bradley of Clinton moved the adoption of the committee amendment H-8054, as amended. The committee amendment H-8054, as amended, was adopted placing the following amendments out of order: H-1391 filed by Shoultz of Black Hawk on March 25, 1997. H-1373 filed by Mascher of Johnson on March 25, 1997. H-1372 filed by Shoultz of Black Hawk on March 25, 1997. H-1348 filed by Shoultz of Black Hawk on March 25, 1997. H-1375 filed by Burnett of Story on March 25, 1997. H-1383 filed by Bradley of Clinton and Witt of Black Hawk on March 25, 1997. H-1413, to H-1383 filed by Burnett of Story on March 26, 1997. H-1394, to H-1383 filed by Bradley of Clinton and Witt of Black Hawk on March 26, 1997. H-1347 filed by Burnett of Story on March 25, 1997. H-1350 filed by Mascher of Johnson on March 25, 1997. H-1384 filed by Holveck of Polk on March 25, 1997. H-1471, to H-1384 filed by Holveck of Polk on March 31, 1997. H-1352 filed by Burnett of Story on March 25, 1997. H-1376 filed by Burnett of Story on March 25, 1997. H-1377 filed by Huser of Polk on March 25, 1997. H-1374 filed by Shoultz of Black Hawk on March 25, 1997. H-1354 filed by Mascher of Johnson on March 25, 1997. H-1415, to H-1354 filed by Mascher of Johnson on March 26, 1997. H-1353 filed by Burnett of Story on March 25, 1997. H-1349 filed by Mascher of Johnson on March 25, 1997, H-1414, to H-1349 filed by Mascher of Johnson by March 26, 1997. H-1355 filed by Fallon of Polk on March 25, 1997. H-1351 filed by Burnett of Story on March 25, 1997. H-1346 filed by Burnett of Story on March 25, 1997. H-1356 filed by Fallon of Polk on March 25, 1997. H-1385 filed by Mascher of Johnson on March 25, 1997. H-1380 filed by Shoultz of Black Hawk on March 25, 1997. H-1464 filed by Burnett of Story on March 31, 1997. Bradley of Clinton moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 681) The ayes were, 66: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Cataldo Chapman Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Falck Ford Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kreiman Kremer Lamberti Larson Lord Martin May Mertz Metcalf Meyer Millage Mundie Nelson O'Brien Rants Rayhons Reynolds-Knight Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Wise Witt Van Maanen, Presiding The nays were, 32: Bernau Brand Bukta Burnett Chiodo Cohoon Connors Doderer Dotzler Drees Fallon Foege Frevert Holveck Huser Jochum Kinzer Koenigs Larkin Mascher Moreland Murphy Myers Osterhaus Richardson Scherrman Schrader Shoultz Taylor Warnstadt Weigel Whitead Absent or not voting, 2: Carroll Garman The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 681 be immediately messaged to the Senate. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2153, a bill for an act relating to affidavits of candidacy filed by candidates for public office. Also: That the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2170, a bill for an act relating to licensing sanctions against individuals who default on debt owed to or collected by the college student aid commission. Also: That the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2188, a bill for an act relating to debt collection by excluding a financial institution and its employees from the definition of debt collector. Also: That the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2218, a bill for an act relating to the issuance of highway travel permits to raw milk transporters whose motor trucks exceed gross weight and axle weight restrictions and establishing a fee. Also: That the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2221, a bill for an act relating to the payment of costs relating to a contempt of court action for nonpayment of child support. Also: That the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2257, a bill for an act relating to the regulation of and motor vehicle operation on the roads and streets of this state by providing for the classification of the system of roads and streets, authorizing easements on state-controlled lands, providing for the admissibility of official records of the state department of transportation, regulating motor vehicles and motor vehicle dealers, authorizing maintenance vehicles to stop or park on the traveled way of the roadway, allowing single trucks a variance on their maximum length, administering of motor vehicle laws by the state department of transportation concerning motor vehicle dealer sales, multiyear vehicle and vehicle dealer licensing, requiring the payment of certain civil penalties before issuance of temporary restricted licenses, and modifying the compilation requirements for airport sufficiency ratings. Also: That the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2261, a bill for an act relating to the criteria for the awarding of grandparent and great-grandparent visitation rights. Also: That the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2279, a bill for an act relating to authorized investments by insurance companies in obligations of foreign governments and foreign corporations. Also: That the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2285, a bill for an act relating to anatomical gifts by modifying certain qualification requirements for hospital reimbursement grants and requiring submission of an annual donation and compliance report. Also: That the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2287, a bill for an act relating to the continued operation of the innovation zone board. Also: That the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2288, a bill for an act relating to the sales and use tax on optional service or warranty contracts and to the sales and use tax exemption on certain computers, equipment, machinery, and fuel, relating to the definition of manufacturer for purposes of the exemption, and providing a retroactive applicability date. Also: That the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2294, a bill for an act relating to the payment of snowmobile and all-terrain vehicle title fees. Also: That the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2301, a bill for an act relating to the operation and regulation of banks and making technical corrections. Also: That the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2319, a bill for an act revising the definition of the practice of land surveying. Also: That the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2336, a bill for an act requiring that the clerk of the district court confirm that notice has been given to required parties prior to the filing of a nonstatutory lien. Also: That the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2337, a bill for an act to allow distribution of the presentence investigation report under certain circumstances. Also: That the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2341, a bill for an act relating to hepatitis type B immunizations of children and providing an applicability provision and an effective date. Also: That the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2350, a bill for an act establishing a state employee deferred compensation trust fund. Also: That the Senate has on March 3, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2378, a bill for an act relating to real estate titles involving bankruptcy. MARY PAT GUNDERSON, Secretary EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on the morning of March 3, 1998. Had I been present, I would have voted "aye" on House Files 2374 and 2444. CHIODO of Polk I was necessarily absent from the House chamber on March 2, 1998. Had I been present, I would have voted "aye" on House Files 530, 2331, 2392, and amendments H-8130, H-8132, H-8135, to House File 2395, and "nay" on House File 2395. MORELAND of Wapello PRESENTATION OF VISITOR The Speaker announced that the following visitor was present in the House chamber: Connors of Polk presented to the House the Honorable Wayne McKinney, former Majority Leader and representative from Polk County. CERTIFICATES OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificates of recognition have been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1998\188 Coach Gene Doyle and the Cedar Falls High School Wrestling Team, Cedar Falls - For winning the Class 3-A Championship of the 1998 Iowa High School State Wrestling Tournament. 1998\189 Coach Wade King, Davenport - For being named the Class 2-A Coach of the Year at the 1998 Iowa High School State Wrestling Tournament. 1998\190 Tony Sweeting, Highland - For winning the Class 1-A, 119 lbs. division of the 1998 Iowa High School State Wrestling Tournament. 1998\191 Dorothy and Virgil Davison, Clarinda - For celebrating their 65th wedding anniversary. 1998\192 Mr. and Mrs. Cash Evans, Gravity - For celebrating their 65th wedding anniversary. 1998\193 Reverend Frederick C. Fangmann, Oelwein - For celebrating 35 years in the priesthood. 1998\194 Ruth and DeVere Horn, Jesup - For celebrating their 50th wedding anniversary. 1998\195 Elsie Vosmek, Shueyville - For celebrating her 90th birthday. 1998\196 Audrey McCraken, Cedar Rapids - For celebrating her 100th birthday. 1998\197 Pearl Reynolds, Tiffin - For celebrating her 100th birthday. 1998\198 Mildred Carver, Fairfax - For celebrating her 90th birthday. 1998\199 Earle Scheetz, Oxford - For celebrating his 80th birthday. 1998\200 Mary Sovers, Solon - For celebrating her 90th birthday. 1998\201 Mabel Ludvicek, Cedar Rapids - For celebrating her 85th birthday. 1998\202 Joe Sebol, Swisher - For celebrating his 80th birthday. 1998\203 Katherine Holland, Oxford - For celebrating her 80th birthday. 1998\204 Assumption High School, Davenport - For winning the Class 2-A Championship at the 1998 Iowa High School State Wrestling Tournament. 1998\205 Lester Hansen, Davenport - For celebrating his 90th birthday. 1998\206 Lucas Kluever, Maquoketa - For receiving 2nd place in the Class 2-A, 171 lbs. division of the 1998 Iowa High School State Wrestling Tournament. 1998\207 Arthur Holle, Guthrie Center - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1998\208 Tom Fitzer, Wilton - For winning the Class 1-A, 125 lbs. division of the 1998 Iowa High School State Wrestling Tournament. 1998\209 Justin Stanley, Wilton - For winning the Class 1-A, 130 lbs. division of the 1998 Iowa High School State Wrestling Tournament. 1998\210 Maryn Olson, Howard-Winneshiek Community School - For being named a finalist in the National Merit Scholarship Program. 1998\211 Jennifer Kult, Coon Rapids-Bayard High School - For being named a finalist in the National Merit Scholarship Program. 1998\212 Rob Hoback, Columbus Junction - For winning the Class 1-A, 145 lbs. division of the 1998 Iowa High School State Wrestling Tournament. 1998\213 Jessica Moser, St. Mary School, Guttenberg - For winning 1st place in the 6th-7th grade category in the "Write Women Back Into History" Essay Contest. 1998\214 Cole Pape, Maquoketa - For winning the Class 2-A, 130 lbs. division of the 1998 Iowa High School State Wrestling Tournament. 1998\215 Nelda and John Koppenhaver, Clinton - For celebrating their 60th wedding anniversary. 1998\216 Cory Meehan, Dubuque - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1998\217 Lorene and Arnold Heistand, Woodbine - For celebrating their 50th wedding anniversary. 1998\218 Marie and Lou Kohl, Sioux City - For celebrating their 50th wedding anniversary. 1998\219 Celia and Elmer Kooiker, Missouri Valley - For celebrating their 50th wedding anniversary. 1998\220 Pearl Brown, Missouri Valley - For celebrating her 90th birthday. 1998\221 Opal Beaman, Persia - For celebrating her 85th birthday. 1998\222 Coach Steve Shirk and the Wilton High School Wrestling Team, Wilton - For being a runner-up in the Class 1-A division of the 1998 Iowa High School State Wrestling Tournament. 1998\223 Coach Bill Plein and the Columbus Junction High School Wrestling Team, Columbus Junction - For being a runner-up in the Class 1-A division of the 1998 Iowa High School State Wrestling Tournament. 1998\224 New Hampton Community High School Wrestling Team, New Hampton - For receiving 2nd place in the Class 2-A division of the 1998 Iowa High School State Wrestling Tournament. 1998\225 Coach Larry Straw, New Hampton - For coaching the New Hampton Community High School Wrestling Team to 2nd place in the Class 2-A division of the 1998 Iowa High School State Wrestling Tournament. 1998\226 Jesse Zobeck, Crestwood High School - For receiving 2nd place in the Class 2-A, 125 lbs. division of the 1998 Iowa High School State Wrestling Tournament. 1998\227 Adam Kramer, New Hampton Community High School - For receiving 2nd place in the Class 2-A, 112 lbs. division of the 1998 Iowa High School State Wrestling Tournament. 1998\228 Cory Beckman, New Hampton Community High School - For winning the Class 2-A, 140 lbs. division of the 1998 Iowa High School State Wrestling Tournament. 1998\229 Henrietta and Everett Whitten, Packwood - For celebrating their 55th wedding anniversary. 1998\230 Evelyn and Virtus Kruse, Clinton - For celebrating their 50th wedding anniversary. SUBCOMMITTEE ASSIGNMENTS House File 2386 Ways and Means: Dix, Chair; Drake and Richardson. House File 2419 Ways and Means: Jenkins, Chair; Teig and Weigel. House File 2441 Ways and Means: Drake, Chair; Frevert and Greig. House File 2483 Appropriations: Nelson, Chair; Cataldo and Houser. House File 2500 Appropriations: Nelson, Chair; Houser and Wise. House File 2501 Appropriations: Brunkhorst, Chair; Jacobs and Wise. House File 2519 Appropriations: Nelson, Chair; Brand and Houser. Senate File 2162 Commerce and Regulation: Churchill, Chair; Chapman and Dix. Senate File 2225 Judiciary: Dinkla, Chair; Holveck and Lamberti. Senate File 2226 Judiciary: Lamberti, Chair; Dinkla and Kreiman. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 694 Appropriations: Millage, Chair; Jacobs and Wise. House Study Bill 695 Appropriations: Gipp, Chair; Brand and Sukup. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendations have been received and are on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON HUMAN RESOURCES Committee Bill (Formerly House File 560), relating to the reimbursement of certain providers of services under the medical assistance program. Fiscal Note is not required. Recommended Amend and Do Pass February 26, 1998. Committee Bill (Formerly House File 2141), establishing dependent adult abuse assessment pilot projects, defining terms related to dependent adult abuse, providing a civil penalty for elder dependent adult abuse, and establishing a dependent adult emergency services fund. Fiscal Note is not required. Recommended Amend and Do Pass February 26, 1998. Committee Bill (Formerly House File 2299), requiring, upon the birth of a child, a medically relevant test for the presence of illegal substances. Fiscal Note is not required. Recommended Amend and Do Pass February 26, 1998. COMMITTEE ON LOCAL GOVERNMENT Senate File 2061, a bill for an act relating to a delay in implementing the inclusion of certain information on property tax statements by providing a deferral application process and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-8165 March 3, 1998. Pursuant to Rule 31.7, Senate File 2061 was referred to the committee on ways and means. RESOLUTION FILED HCR 113, by Van Fossen, Martin, Holmes, Bradley, and Millage, a concurrent resolution relating to the increased utilization of the Rock Island Arsenal. Laid over under Rule 25. AMENDMENTS FILED H_8157 H.F. 2101 Chiodo of Polk Jacobs of Polk Van Fossen of Scott Nelson of Marshall Churchill of Polk Bernau of Story Jochum of Dubuque Burnett of Story Connors of Polk Larkin of Lee Hansen of Pottawattamie Gipp of Winneshiek Drake of Pottawattamie Taylor of Linn Cataldo of Polk Bradley of Clinton Whitead of Woodbury Holmes of Scott Tyrrell of Iowa H_8158 H.F. 2413 O'Brien of Boone H_8159 H.F. 2440 Carroll of Poweshiek H_8160 H.F. 2440 Carroll of Poweshiek H_8161 H.F. 2494 Frevert of Palo Alto Bernau of Story Brand of Tama Bukta of Clinton Burnett of Story Connors of Polk Doderer of Johnson Dotzler of Black Hawk Drees of Carroll Fallon of Polk Foege of Linn Ford of Polk Holveck of Polk Huser of Polk Jochum of Dubuque Kinzer of Scott Koenigs of Mitchell Kreiman of Davis Mascher of Johnson May of Worth Mundie of Webster Murphy of Dubuque Myers of Johnson Osterhaus of Jackson Reynolds-Knight of Van Buren Richardson of Warren Scherrman of Dubuque Schrader of Marion Shoultz of Black Hawk Taylor of Linn Weigel of Chickasaw Whitead of Woodbury Moreland of Wapello H_8162 H.F. 2251 Witt of Black Hawk H_8163 H.F. 2498 Wise of Lee Brand of Tama H_8164 H.F. 2504 Kreiman of Davis H_8165 S.F. 2061 Committee on Local Government H_8167 H.F. 2482 Lamberti of Polk Nelson of Marshall Welter of Jones H_8168 H.F. 2501 Rants of Woodbury H_8169 H.F. 2504 Kreiman of Davis Richardson of Warren H_8171 H.F. 2269 Kreiman of Davis H_8172 H.F. 2272 Blodgett of Cerro Gordo H_8173 H.F. 2290 Arnold of Lucas H_8174 H.F. 2495 Sukup of Franklin H_8175 H.F. 2495 Richardson of Warren H_8176 H.F. 2470 Murphy of Dubuque H_8177 H.F. 2494 Wise of Lee Bell of Jasper Falck of Fayette Larkin of Lee May of Worth Mertz of Kossuth O'Brien of Boone Thomas of Clayton H_8178 H.F. 2269 Rants of Woodbury H_8179 H.F. 2402 Murphy of Dubuque Scherrman of Dubuque H_8180 H.F. 2504 Lamberti of Polk Wise of Lee Moreland of Wapello H_8181 H.F. 2514 Huser of Polk Nelson of Marshall Cormack of Webster Chiodo of Polk H_8183 H.F. 2339 Fallon of Polk H_8184 H.F. 299 Dotzler of Black Hawk H_8185 H.F. 299 Wise of Lee H_8186 H.F. 299 Dotzler of Black Hawk H_8187 H.F. 299 Kinzer of Scott H_8188 H.F. 299 Connors of Polk H_8189 H.F. 299 Whitead of Woodbury H_8190 H.F. 299 Chapman of Linn H_8191 H.F. 299 Taylor of Linn H_8192 H.F. 299 Huser of Polk H_8193 H.F. 299 Chapman of Linn H_8194 H.F. 299 Scherrman of Dubuque H_8195 H.F. 299 Murphy of Dubuque H_8196 H.F. 299 Fallon of Polk H_8197 H.F. 299 Taylor of Linn H_8198 H.F. 299 Dotzler of Black Hawk H_8199 H.F. 299 Dotzler of Black Hawk H_8200 H.F. 299 Taylor of Linn H_8201 H.F. 299 Taylor of Linn H_8202 H.F. 299 Taylor of Linn H_8203 H.F. 299 O'Brien of Boone H_8204 H.F. 299 O'Brien of Boone H_8205 H.F. 299 Falck of Fayette H_8206 H.F. 299 Mundie of Webster On motion by Siegrist of Pottawattamie, the House adjourned at 8:33 p.m., until 8:45 a.m., Wednesday, March 4, 1998. Correction to Journal of March 2, 1998 Page 385 - House File 2368 withdrawn by Doderer of Johnson should have been House File 2365 withdrawn.
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