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House Journal: Wednesday, March 11, 1998

Fifty-ninth Calendar Day - Fortieth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, March 11, 1998
The House met pursuant to adjournment at 8:50 a.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Reverend Mark Sherwood, Berean Baptist
Church, Perry.
The Journal of Tuesday, March 10, 1998 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Taylor of Linn, until his arrival, on request of Myers of
Johnson; Thomson of Linn, until her arrival, on request of
Siegrist of Pottawattamie.
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 10, 1998, passed the following bill in
which the concurrence of the House is asked:
Senate File 367, a bill for an act relating to transfers of real
property by providing that certain disclosures regarding
stigmatized property are not required and by amending the
definition of transfer.
Also: That the Senate has on March 10, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2210, a bill for an act requiring a peace officer to
assist an abused person in obtaining clothing, medical items,
and other personal effects from the dwelling for the immediate
need of the abused person and any children in that person's care.
Also: That the Senate has on March 10, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2312, a bill for an act providing for child day care
requirements for volunteers and for the number of children
receiving care under the child care home pilot projects and
providing an effective date.
Also: That the Senate has on March 10, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2313, a bill for an act relating to child support,
providing penalties, and providing effective dates.
Also: That the Senate has on March 10, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2329, a bill for an act expanding the compensation
available from the crime victim compensation program to victims
of crime and their families.
Also: That the Senate has on March 10, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2367, a bill for an act relating to county vital
statistics by providing for the issuance of marriage licenses
and eliminating the fee for county birth registrations.
MARY PAT GUNDERSON, Secretary
SENATE MESSAGES CONSIDERED
Senate File 2316, by committee on commerce, a bill for an
act relating to entities and subject matter under the regulatory
authority of the regulated industries unit of the insurance
division, including business opportunities, cemeteries, and
cemetery merchandise, motor vehicle service contracts, preneed
funeral merchandise and services, and residential service
contracts, providing for fees, and establishing penalties.
Read first time and referred to committee on commerce and
regulation.
Senate File 2330, by committee on judiciary, a bill for an
act relating to the filing of civil litigation by prisoners and
providing an effective date.
Read first time and referred to committee on judiciary.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-six members present,
thirty-four absent.
HOUSE FILE 2363 WITHDRAWN
Bradley of Clinton asked and received unanimous consent to
withdraw House File 2363 from further consideration by the House.

CONSIDERATION OF BILLS
Regular Calendar
House File 2412, a bill for an act relating to optometrists'
reports to the department of transportation concerning a
person's ability to operate a motor vehicle, was taken up for
consideration.
Carroll of Poweshiek moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2412)

The ayes were, 93:

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

The nays were, none.

Absent or not voting, 7:

Brand 	Chiodo 	Ford 	Holveck 
Richardson 	Taylor 	Thomson 

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 2482, a bill for an act relating to certain criminal
acts committed on or against the property of railway
corporations and providing and applying penalties, was taken up
for consideration.
Koenigs of Mitchell offered amendment H-8272 filed by him as
follows:

H-8272

 1     Amend House File 2482 as follows:
 2     1.  Page 1, by inserting before line 1 the
 3   following:
 4     "Section 1.  NEW SECTION.  327F.21  RAILROAD TRAIN
 5   CREWS.
 6     1.  As used in this section, unless the context
 7   otherwise requires:
 8     a.  "Administrator" means the department's
 9   administrator for rail and water, or the
10   administrator's designee.
11     b.  "Certified railroad locomotive engineer" means
12   a person certified under 49 C.F.R. 240 as a train
13   service engineer, locomotive servicing engineer, or
14   student engineer.
15     c.  "Department" means the state department of
16   transportation.
17     d.  "Director" means the director of
18   transportation.
19     e.  "Qualified railroad trainperson" means a person
20   who has successfully completed a railroad carrier's
21   training program and passed an examination on railroad
22   operation rules.
23     2.  Any person operating or controlling a railroad
24   in this state shall not allow the operation of any
25   railroad train or locomotive in this state unless the
26   railroad train or locomotive has a crew of at least
27   two individuals.  One of the individuals shall be a
28   certified railroad locomotive engineer.  The other
29   individual shall be either a certified railroad
30   locomotive engineer or a qualified railroad
31   trainperson.  A certified railroad locomotive engineer
32   shall operate the control locomotive at all times that
33   the railroad train or locomotive is in motion.  The
34   other crew member may dismount the railroad train or
35   locomotive when necessary to perform switching
36   activities and other job-related duties.  However,
37   this subsection shall not apply to the extent that it
38   is contrary to or inconsistent with a regulation or
39   order of the federal railroad administration.
40     3.  The administrator may, pursuant to rules
41   adopted by the department, grant an exception to the
42   requirements of subsection 2 if the administrator
43   determines that the exception will not endanger the
44   life or property of any person.
45     4.  A person who violates this section is, upon
46   conviction for a first offense, subject to a "schedule
47   one" penalty as provided under section 327C.5.  A
48   person who violates this section is, upon conviction
49   for a second offense committed within three years of
50   the first offense, subject to a "schedule two" penalty

Page 2  

 1   as provided under section 327C.5.  A person who
 2   violates this section is, upon conviction for a third
 3   or subsequent offense committed within three years of
 4   the first offense, subject to a "schedule three"
 5   penalty as provided under section 327C.5."
 6     2.  Title page, line 1, by inserting after the
 7   words "relating to" the following:  "railroad safety
 8   by providing for a number of persons on a train crew
 9   and".
Welter of Jones rose on a point of order that amendment H-8272
was not germane.
The Speaker ruled the point well taken and amendment H-8272 not
germane.
Schrader of Marion asked for unanimous consent to suspend the
rules to consider amendment H-8272.
Objection was raised.
Schrader of Marion moved to suspend the rules to consider
amendment H-8272.
Roll call was requested by Schrader of Marion and Koenigs of
Mitchell.
On the question "Shall the rules be suspended to consider
amendment H-8272?" (H.F. 2482)

The ayes were, 40:

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

The nays were, 52:

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

Absent or not voting, 8:

Brand 	Chiodo 	Ford 	Holveck 
Richardson 	Taylor 	Thomson 	Vande Hoef 

The motion to suspend the rules lost.
Lamberti of Polk offered the following amendment H-8167 filed by
Lamberti, et al., and moved its adoption:

H-8167

 1     Amend House File 2482 as follows:
 2     1.  Page 1, line 30, by striking the word
 3   "serious" and inserting the following:  "simple".
 4     2.  Page 3, line 19, by striking the word and
 5   figure ""A" felony." and inserting the following:
 6   ""B" felony.  However, notwithstanding section 902.9,
 7   subsection 1, the maximum sentence for a person
 8   convicted under this section shall be a period of
 9   confinement of not more than fifty years."
10     3.  Page 3, line 27, by striking the words "ten
11   thousand dollars or more" and inserting the following:
12   "more than ten thousand dollars".
13     4.  Page 3, line 32, by striking the words "less
14   than".
15     5.  Page 3, by striking line 33 and inserting the
16   following:  "thousand dollars or less but more than
17   one thousand dollars to".
18     6.  Page 4, line 3, by striking the words "five
19   hundred dollars or" and inserting the following:
20   "more than five hundred dollars".
21     7.  Page 4, line 4, by striking the word "less"
22   and inserting the following:  "but does not exceed one
23   thousand dollars".
24     8.  Page 4, by inserting after line 5, the
25   following:
26     "f.  A person commits railroad vandalism in the
27   sixth degree if the person intentionally commits
28   railroad vandalism which results in property damage
29   which costs more than one hundred dollars but does not
30   exceed five hundred dollars to replace, repair, or
31   restore.  Railroad vandalism in the sixth degree is a
32   serious misdemeanor.
33     g.  A person commits railroad vandalism in the
34   seventh degree if the person intentionally commits
35   railroad vandalism which results in property damage
36   which costs one hundred dollars or less to replace,
37   repair, or restore.  Railroad vandalism in the seventh
38   degree is a simple misdemeanor."
Amendment H-8167 was adopted.
Nelson of Marshall 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. 2482)

The ayes were, 95:

Arnold 	Barry	Bell 	Bernau 
Blodgett 	Boddicker 	Boggess 	Bradley 
Brand	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	Cataldo 	Chapman 
Chiodo	Churchill 	Cohoon 	Connors 
Corbett, Spkr. 	Cormack 	Dinkla 	Dix 
Doderer 	Dolecheck 	Dotzler 	Drake 
Drees 	Eddie 	Falck 	Foege 
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 
Scherrman 	Schrader 	Shoultz 	Siegrist
Sukup 	Teig 	Thomas 	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, 4:

Ford 	Richardson 	Taylor 	Thomson

 The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 2339, a bill for an act relating to limits on
coverage of the remedial account of the Iowa comprehensive
petroleum underground 
storage tank fund, the minimum copayment provisions in regard to
the remedial account, and creating a no further action fund, was
taken up for consideration.
Fallon of Polk offered the following amendment H-8183 filed by
him and moved its adoption:

H-8183

 1     Amend House File 2339 as follows:
 2     1.  Page 1, by striking line 16 and inserting the
 3   following:  "excluded from remedial account coverage.
 4   If the owner or operator submitting the claim owns or
 5   operates one thousand or more tanks or has a net worth
 6   of twenty million dollars or more, the remedial
 7   program shall pay the lesser of fifty thousand dollars
 8   of the total cost of corrective action for that
 9   release or total corrective action costs for that
10   release as determined by subsection 4.  For a claim
11   all other claims for a".
12     2.  Page 1, by striking line 30 and inserting the
13   following:  "specifically excluded from remedial
14   account coverage.  If the owner or operator submitting
15   the claim owns or operates one thousand or more tanks
16   or has a net worth of twenty million dollars or more,
17   the remedial program shall pay the lesser of fifty
18   thousand dollars of the total cost of corrective
19   action for that release or total corrective action
20   costs for that release as determined under subsection
21   4.  For a".
22     3.  Page 1, line 31, by striking the word "claim"
23   and inserting the following:  "claim all other
24   claims".
A non-record roll call was requested.
The ayes were 33, nays 49.
Amendment H-8183 lost.
Fallon of Polk offered amendment H-8080 filed by him and Shoultz
of Black Hawk as follows:

H-8080

 1     Amend House File 2339 as follows:
 2     1.  Page 2, by striking line 8 and inserting the
 3   following:
 4     "a.  An owner or operator who reports a release to
 5   the".
 6     2.  Page 2, line 25, by striking the words "If a
 7   site's" and inserting the following:  "If a site's".
 8     3.  Page 2, lines 26 and 27, by striking the words
 9   "actual expenses exceed, eighty thousand dollars, the"
10   and inserting the following:  "actual expenses exceed,
11   eighty thousand dollars, the".
12     4.  Page 2, line 31, by striking the words "b.
13   The" and inserting the following:  "b.  The For
a
14   claim by an owner or operator who has a net worth of
15   less than twenty million dollars and owns or operates
16   less than one thousand underground storage tanks, if a
17   site's actual expenses exceed eighty thousand dollars,
18   the".
19     5.  Page 3, by inserting after line 5 the
20   following:
21     "c.  For a claim by an owner or operator who has a
22   net worth of twenty million dollars or more or
23   operates one thousand underground storage tanks or
24   more, if a site's actual expenses exceed eighty
25   thousand dollars, the owner or operator shall pay the
26   amount as designated in paragraph "a", plus thirty
27   five percent of the total costs of the corrective
28   action for that release which exceeds eighty thousand
29   dollars."
Fallon of Polk offered the following amendment H-8271, to
amendment H-8080, filed by him and moved its adoption:

H-8271

 1     Amend the amendment, H-8080, to House File 2339 as
 2   follows:
 3     1.  Page 1, line 29, by inserting after the word
 4   "dollars." the following:  "The remedial account
shall
 5   pay the remainder, as required by federal regulations,
 6   of the total costs of the corrective action for that
 7   release, not to exceed one million dollars."
Amendment H-8271 was adopted.
Fallon of Polk moved the adoption of amendment H-8080, as
amended.
Roll call was requested by Fallon of Polk and Myers of Johnson.
On the question "Shall amendment H-8080, as amended, be
adopted?" (H.F. 2339)

The ayes were, 43:

Bell 	Bernau 	Brand 	Bukta 
Burnett 	Chapman 	Chiodo 	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 	Vande Hoef 	Warnstadt 	Weigel 
Whitead 	Wise 	Witt 

The nays were, 51:

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

Absent or not voting, 6:

Brunkhorst 	Dolecheck 	Ford 	Lamberti 
Taylor 	Thomson 

Amendment H-8080  lost.
Fallon of Polk asked and received unanimous consent to withdraw
amendment H-8074 filed by him and Shoultz of Black Hawk on
February 18, 1998.
Gipp of Winneshiek 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. 2339)

The ayes were, 95:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker 	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	Cataldo 	Chapman 
Chiodo 	Churchill 	Cohoon 	Connors 
Corbett, Spkr. 	Cormack 	Dinkla 	Dix 
Doderer 	Dotzler 	Drake 	Drees 
Eddie 	Falck 	Fallon 	Foege 
Frevert 	Garman 	Gipp 	Greig 
Greiner 	Gries 	Grundberg 	Hahn 
Hansen 	Heaton 	Holmes 	Holveck 
Houser 	Huseman 	Huser 	Jacobs 
Jenkins 	Jochum 	Kinzer 	Klemme 
Koenigs 	Kreiman 	Kremer 	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 	Teig	Thomas 	Tyrrell 
Van Fossen 	Vande Hoef 	Veenstra 	Warnstadt 
Weidman 	Weigel 	Welter 	Whitead 
Wise 	Witt 	Van Maanen,
		  Presiding

The nays were, none.

Absent or not voting, 4:

Dolecheck 	Ford 	Taylor 	Thomson 

Under the provision of Rule 76, conflict of interest, Lamberti
of Polk refrained from voting. 
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 2490, a bill for an act relating to the
administration of the insurance account of the comprehensive
petroleum underground storage tank fund, creating an underground
storage tank insurance board, an underground storage tank
insurance fund, and transferring assets and liabilities of the
insurance account of the comprehensive petroleum underground
storage tank fund, was taken up for consideration.
Gipp of Winneshiek 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. 2490)

The ayes were, 95:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker 	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	Cataldo 	Chapman 
Chiodo 	Churchill 	Cohoon 	Connors 
Corbett, Spkr. 	Cormack 	Dinkla 	Dix 
Doderer 	Dotzler 	Drake 	Drees 
Eddie 	Falck 	Fallon 	Foege 
Frevert 	Garman 	Gipp 	Greig 
Greiner 	Gries 	Grundberg 	Hahn 
Hansen 	Heaton 	Holmes 	Holveck 
Houser 	Huseman 	Huser 	Jacobs 
Jenkins 	Jochum 	Kinzer 	Klemme 
Koenigs 	Kreiman 	Kremer 	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 	Teig 	Thomas 	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:

Dolecheck 	Ford 	Lamberti 	Taylor
Thomson 

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Gipp of Winneshiek asked and received unanimous consent that the
following bills be immediately messaged to the Senate: House
Files 2412, 2339 and 2490.
House File 2400, a bill for an act providing a procedure for the
preservation of a mechanic's lien for materials or labor
furnished to a subcontractor and providing for related matters,
was taken up for consideration.
Sukup of Franklin moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2400)

The ayes were, 95:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker 	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	Cataldo 	Chapman 
Chiodo 	Churchill 	Cohoon 	Connors 
Corbett, Spkr. 	Cormack 	Dinkla 	Dix 
Doderer 	Dotzler 	Drake 	Drees 
Eddie 	Falck	Fallon 	Foege 
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 	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 	Teig 	Thomas 	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:

Dolecheck 	Ford 	Lord 	Taylor 
Thomson 

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 2474, a bill for an act relating to electronic
commerce security, and providing penalties, was taken up for
consideration.
Jacobs of Polk offered the following amendment H-8281 filed by
her and moved its adoption:

H-8281

 1     Amend House File 2474 as follows:
 2     1.  Page 4, line 23, by inserting before the word
 3   "mortgage" the following:  "deed,".
 4     2.  Page 5, line 26, by inserting before the word
 5   "mortgage" the following:  "deed,".
 6     3.  Page 22, line 28, by inserting after the word
 7   "subscriber" the following:  "or other legal entity".
 8     4.  Page 22, line 29, by inserting after the word
 9   "subscriber" the following:  "or other legal entity".
10     5.  Page 27, line 20, by striking the word
11   "CONFORMING" and inserting the following:
12   "MISCELLANEOUS".
13     6.  Page 27, by inserting after line 31 the
14   following:
15     "Sec. ___.  CONSIDERATION OF MODEL LEGISLATION.  It
16   is the intent of the general assembly that if the
17   national conference of commissioners on uniform state
18   laws proposes a uniform electronic commerce act, the
19   general assembly shall consider the proposed uniform
20   act during the session in which the proposed uniform
21   law is submitted to the states for consideration or
22   during its next regular session if the proposed
23   uniform act is submitted to the states during a period
24   in which the general assembly is not in session."
Amendment H-8281 was adopted.
Jacobs 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. 2474)

The ayes were, 71:

Arnold 	Barry 	Bell 	Blodgett 
Boddicker 	Boggess 	Bradley 	Brand 
Brauns 	Brunkhorst 	Burnett 	Carroll 
Cataldo 	Churchill 	Cohoon 	Connors 
Corbett, Spkr. 	Dix 	Doderer 	Drake 
Eddie 	Garman 	Gipp 	Greig 
Greiner 	Gries 	Grundberg 	Hahn 
Hansen 	Heaton 	Holmes 	Holveck 
Houser 	Huseman 	Jacobs 	Jenkins 
Jochum 	Klemme 	Kreiman 	Kremer 
Lamberti 	Larkin 	Larson 	Lord 
Martin 	May 	Mertz 	Metcalf 
Meyer 	Millage 	Mundie 	Nelson 
O'Brien 	Rants 	Rayhons 	Richardson 
Siegrist 	Sukup 	Teig 	Thomas 
Tyrrell 	Van Fossen 	Vande Hoef 	Veenstra 
Warnstadt 	Weidman 	Weigel 	Welter 
Wise 	Witt 	Van Maanen,
		  Presiding

The nays were, 25:

Bernau 	Bukta 	Chapman 	Chiodo 
Cormack 	Dinkla 	Dotzler 	Drees 
Falck 	Fallon 	Foege 	Frevert 
Huser 	Kinzer 	Mascher 	Moreland 
Murphy 	Myers 	Osterhaus 	Reynolds-Knight 
Scherrman 	Schrader 	Shoultz 	Taylor 
Whitead 
Absent or not voting, 4:

Dolecheck 	Ford 	Koenigs 	Thomson 

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
House File 2402, a bill for an act to amend the crime of
burglary in the first degree to include commission of sexual
abuse as a possible element of the offense, was taken up for
consideration.
Murphy of Dubuque offered the following amendment H-8179 filed
by him and Scherrman of Dubuque and moved its adoption:

H-8179

 1     Amend House File 2402 as follows:
 2     1.  Page 1, line 13, by inserting after the word
 3   "performs" the following:  "or participates in".
Amendment H-8179 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. 2402)

The ayes were, 97:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	Cataldo 	Chapman 
Chiodo 	Churchill 	Cohoon 	Connors 
Corbett, Spkr. 	Cormack 	Dinkla 	Dix 
Doderer 	Dotzler 	Drake 	Drees 
Eddie 	Falck	Fallon 	Foege 
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 	Tyrrell 	Van Fossen 	Vande Hoef 
Veenstra 	Warnstadt 	Weidman 	Weigel 
Welter 	Whitead 	Wise 	Witt 
Van Maanen,
  Presiding

The nays were, none.

Absent or not voting, 3:

Dolecheck 	Ford 	Thomson 

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Gipp of Winneshiek asked and received unanimous consent that the
following bills be immediately messaged to the Senate: House
Files 2400, 2474 and 2402.
House File 2487, a bill for an act relating to the fines and
penalties applicable to the sale of alcohol to minors and
providing an effective date, was taken up for consideration.
Scherrman of Dubuque offered the following amendment H-8209
filed by him and moved its adoption:

H-8209

 1     Amend House File 2487, as follows:
 2     1.  Page 1, by inserting before line 1, the
 3   following:
 4     "Section 1.  NEW SECTION.  123.49A  RETENTION OF
 5   IDENTIFICATION CARD.
 6     As a condition of a person remaining in a licensed
 7   premises, a liquor control licensee or wine or beer
 8   permittee, or an employee of a licensee or permittee
 9   may retain a motor vehicle license, a nonoperator
10   identification card, or other form of identification
11   submitted by the person to show the person's age while
12   the person remains in the licensed premises."
13     2.  Title page, line 1, by inserting after the
14   word "penalties" the following:  "and other
15   requirements".
16     3.  Title page, line 2, by striking the words "to
17   minors".
A non-record roll call was requested.
The ayes were 52, nays 32.
Amendment H-8209 was adopted.
Sukup of Franklin moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2487)

The ayes were, 96:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker 	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	Cataldo 	Chapman 
Chiodo 	Churchill 	Cohoon 	Connors 
Corbett, Spkr.	Cormack 	Dinkla 	Dix 
Doderer 	Dotzler 	Drake 	Drees 
Eddie 	Falck 	Fallon 	Foege 
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 
Millage 	Moreland 	Mundie 	Murphy 
Myers 	Nelson 	O'Brien 	Osterhaus 
Rants 	Rayhons 	Reynolds-Knight 	Richardson 
Scherrman 	Schrader 	Shoultz 	Siegrist 
Sukup 	Taylor 	Teig 	Thomas 
Tyrrell 	Van Fossen 	Vande Hoef 	Veenstra 
Warnstadt 	Weidman 	Weigel 	Welter 
Whitead 	Wise 	Witt 	Van Maanen,
			  Presiding

The nays were, none.

Absent or not voting, 4:

Dolecheck 	Ford 	Meyer 	Thomson 

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 2487 be immediately messaged to the Senate.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on March 11, 1998, passed the following bill in
which the concurrence of the Senate was asked:
House File 2331, a bill for an act relating to utility cost
reviews associated with a rate-regulated public utility's
procurement of natural gas or fuel for use in generating
electricity.
MARY PAT GUNDERSON, Secretary
On motion by Siegrist of Pottawattamie, the House was recessed
at 11:12 a.m., until 1:00 p.m.

AFTERNOON SESSION
The House reconvened at 1:12 p.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 seventy-two members present,
twenty-eight absent.
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 11, 1998, amended and passed the
following bill in which the concurrence of the House is asked:
House File 2162, a bill for an act relating to nonsubstantive
Code corrections and including a retroactive applicability
provision.
Also: That the Senate has on March 11, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2080, a bill for an act relating to disposal,
collection, and recycling of waste oil filters and providing an
insurance premium discount.
Also: That the Senate has on March 11, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2201, a bill for an act relating to security for
damages arising from the abandonment of natural gas pipelines.
Also: That the Senate has on March 11, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2224, a bill for an act requiring a court to order a
person convicted of domestic abuse assault to complete a
batterers' treatment program, and to hold such person in
contempt for failure to report for or complete treatment, and
requiring related reporting of the status of treatment by the
judicial district department of correctional services, and
extending the pilot project for an alternative batterers'
treatment program.
Also: That the Senate has on March 11, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2335, a bill for an act relating to the prohibition
of sex acts between juveniles and employees and agents at
juvenile placement facilities and providing a penalty.
Also: That the Senate has on March 11, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2348, a bill for an act relating to the locations at
which shared public school services may be made available to
nonpublic school students.
Also: That the Senate has on March 11, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2359, a bill for an act providing for a review of
juvenile justice provisions involving child protection by the
citizens' aide and providing an effective date.
Also: That the Senate has on March 11, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2391, a bill for an act allowing probation for some
operating-while-intoxicated offenders after service of a
mandatory minimum sentence, permitting a .15 blood alcohol level
to control the penalties applicable to an offender regardless of
the margin of error associated with the test device, requiring
the deletion from motor vehicle records after twelve years of
certain youth license revocations for alcohol violations, and
providing an effective date.
MARY PAT GUNDERSON, Secretary

CONSIDERATION OF BILLS
Regular Calendar
House File 2517, a bill for an act establishing a healthy and
well kids in Iowa (HAWK-I) program to provide health insurance
to eligible children, was taken up for consideration.
Speaker Corbett in the chair at 1:19 p.m.
RULES SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend Rule 31.8, relating to the timely filing of
amendments, for consideration of amendments requested from the
Legislative Service Bureau on March 10, 1998.
Jochum of Dubuque offered amendment H-8315 filed by her from the
floor as follows:

H-8315

 1     Amend House File 2517 as follows:
 2     1.  Page 1, by inserting before line 1 the
 3   following:
 4     "Section 1.  NEW SECTION.  507F.1  CONSUMER
 5   ADVOCATE ON INSURANCE - APPOINTMENT - POLITICAL
 6   ACTIVITY - REMOVAL.
 7     1.  The attorney general shall appoint a competent
 8   attorney to the office of consumer advocate on
 9   insurance.  The appointment is subject to senate
10   confirmation, in accordance with section 2.32.  The
11   advocate's term of office is for four years.  The term
12   begins and ends as set forth in section 69.19.
13     2.  If a vacancy occurs in the office of consumer
14   advocate on insurance, the vacancy shall be filled for
15   the unexpired term in the same manner as an original
16   appointment.
17     3.  The consumer advocate on insurance shall devote
18   the advocate's entire time to the duties of the
19   office.  During the consumer advocate's term of office
20   the advocate shall not be a member of a political
21   committee, shall not contribute to a political
22   campaign fund other than through the income tax
23   checkoff for contributions to the Iowa election
24   campaign fund and the presidential election campaign
25   fund, and shall not take part in political campaigns
26   or be a candidate for a political office.
27     4.  The attorney general may remove the consumer
28   advocate for malfeasance or nonfeasance in office, or
29   for any cause which renders the advocate ineligible
30   for appointment, or if incapable or unfit to discharge
31   the duties of the advocate's office.  The consumer
32   advocate's removal, when so made, is final.
33     Sec. ___.  NEW SECTION.  507F.2  DUTIES.
34     The office of the consumer advocate on insurance
35   shall:
36     1.  Adopt rules pursuant to chapter 17A and perform
37   other duties necessary to the administration of this
38   chapter.
39     2.  Investigate the legality of all rates, charges,
40   rules, regulations, and practices of all persons under
41   the jurisdiction of the insurance division, and
42   institute civil proceedings before the division of
43   insurance or any court to correct any illegality on
44   the part of any such person.  In any investigation,
45   the person acting for the office of the consumer
46   advocate on insurance shall have the power to ask the
47   commissioner of insurance to issue subpoenas, compel
48   the attendance and testimony of witnesses, and the
49   production of papers, books, and documents.
50     3.  Make recommendations to the general assembly

Page 2  

 1   regarding insurance regulation.
 2     4.  Make recommendations to the insurance division
 3   or any other governmental agency which has an impact
 4   on insurance regulation in the state through
 5   rulemaking, and shall review and, if the advocate
 6   deems it to be in the public interest, appeal the
 7   rulemaking or contested case decisions of the
 8   insurance division or any other governmental agency
 9   which has an impact on insurance regulation in the
10   state.
11     5.  Represent the interests of the public relating
12   to insurance reform, coverage, and rates where action
13   is necessary for the protection of public rights.
14     6.  Institute judicial review of final or
15   interlocutory actions of the insurance division if the
16   review is deemed to be in the public interest.
17     7.  Act as attorney for and represent all consumers
18   generally and the public generally in all proceedings
19   before the insurance division, federal and state
20   agencies, and related judicial review proceedings and
21   appeals.
22     8.  Appear for all consumers generally and the
23   public generally in all actions instituted in any
24   state or federal court which involve the validity of a
25   rule, regulation, or order of the insurance division.
26     9.  Appear and participate as a party in the name
27   of the office of consumer advocate on insurance in the
28   performance of the duties of the office.
29     Sec. ___.  NEW SECTION.  507F.3  OFFICE -
30   EMPLOYEES - EXPENSES.
31     1.  The office of the consumer advocate on
32   insurance shall be located within the office of the
33   attorney general.  Administrative support services
34   shall be provided to the consumer advocate by the
35   office of the attorney general.
36     2.  The consumer advocate on insurance may employ
37   attorneys, legal assistants, secretaries, clerks, and
38   other employees the consumer advocate finds necessary
39   for the full and efficient discharge of the duties and
40   responsibilities of the office.  The consumer advocate
41   on insurance may employ consultants as expert
42   witnesses or technical advisors pursuant to contract
43   as the consumer advocate finds necessary for the full
44   and efficient discharge of the duties of the office.
45   Employees of the consumer advocate, other than the
46   consumer advocate, are subject to merit employment,
47   except as provided in section 19A.3.
48     3.  The salary of the consumer advocate on
49   insurance shall be fixed by the attorney general
50   within the salary range set by the general assembly.

Page 3

 1   The salaries of employees of the consumer advocate on
 2   insurance is as provided by law.  The appropriation
 3   for the office of consumer advocate on insurance shall
 4   be a separate line item contained in the appropriation
 5   from the general fund of the state to the department
 6   of justice.
 7     Sec. ___.  NEW SECTION.  507F.4  INSURANCE DIVISION
 8   RECORDS.
 9     The consumer advocate on insurance has free access
10   to all the files, records, and documents in the office
11   of the insurance division except:
12     1.  Personal information in confidential personnel
13   records of the insurance division.
14     2.  Records which represent and constitute the work
15   product of the general counsel of the insurance
16   division where the records relate to a proceeding
17   before the division in which the consumer advocate is
18   a party or a proceeding in any state or federal court
19   in which both the division and the consumer advocate
20   are parties.
21     3.  Insurer information of a confidential nature
22   which could jeopardize an insurer's competitive status
23   and is provided by an insurer to the division.
24   However, such information shall be provided to the
25   consumer advocate by the insurance division, if the
26   division determines it to be in the public interest.
27     Sec. ___.  NEW SECTION.  507F.5  SERVICE.
28     The consumer advocate on insurance is entitled to
29   service of all documents required by statute or rule
30   to be served on parties in proceedings before the
31   insurance division and all notices, petitions,
32   applications, complaints, answers, motions, and other
33   pleadings filed pursuant to statute or rule with the
34   division.
35     Sec. ___.  NEW SECTION.  507F.6  CONSUMER ADVOCATE
36   ON INSURANCE ADVISORY COMMITTEE.
37     The attorney general shall appoint seven members to
38   a consumer advocate on insurance advisory committee to
39   meet at the request of the consumer advocate for
40   consultation regarding the protection of public rights
41   in insurance regulation.  A member shall be appointed
42   from each congressional district with the appointee
43   residing within the district at the time of the
44   appointment.  The remaining appointees shall be
45   members at large.  Members shall be appointed which
46   represent the various sectors of the population and
47   appointments shall be made in compliance with section
48   69.16 and 69.16A.  The members shall serve four-year
49   terms and their appointments are not subject to
50   confirmation by the senate.  A vacancy shall be filled

Page 4

 1   in the same manner as the original appointment for the
 2   unexpired portion of the member's term.  Members of
 3   the committee shall serve without compensation, but
 4   shall be reimbursed for actual expenses from funds
 5   appropriated to the office of the consumer advocate on
 6   insurance."
 7     2.  Page 3, line 15, by striking the word "nine"
 8   and inserting the following:  "ten".
 9     3.  Page 3, by inserting after line 22 the
10   following:
11     "___.  The consumer advocate on insurance, if House
12   File 476, is enacted by the Seventy-seventh General
13   Assembly, 1998 Session."
14     4.  Title page, line 1, by inserting after the
15   word "Act" the following:  "relating to insurance and
16   insurance consumers, including appointing a consumer
17   advocate on insurance and".
18     5.  By renumbering as necessary.
Hansen of Pottawattamie rose on a point of order that amendment
H-8315, to amendment H-8013, was not germane.
The Speaker ruled the point well taken and amendment H-8315, to
amendment H-8013, not germane.
Jochum of Dubuque asked for unanimous consent to suspend the
rules to consider amendment H-8315.
Objection was raised.
Jochum of Dubuque moved to suspend the rules to consider
amendment H-8315.
Roll call was requested by Schrader of Marion and Jochum of
Dubuque.
On the question "Shall the rules be suspended to consider
amendment H-8315, to amendment H-8013?" (H.F. 2517)

The ayes were, 43:

Bell 	Bernau 	Brand 	Bukta 
Burnett 	Cataldo 	Chapman 	Chiodo 
Cohoon 	Connors 	Doderer 	Dotzler 
Drees 	Falck	Fallon 	Foege 
Frevert 	Hahn 	Holveck 	Huser 
Jochum 	Kinzer 	Koenigs 	Kreiman 
Larkin 	Mascher 	May 	Mertz 
Moreland 	Mundie 	Murphy 	Myers 
Osterhaus 	Richardson 	Scherrman 	Schrader 
Taylor 	Thomas 	Warnstadt 	Weigel 
Whitead 	Wise 	Witt
The nays were, 53:

Arnold 	Barry 	Blodgett 	Boddicker 
Boggess 	Bradley 	Brauns	Brunkhorst 
Carroll 	Churchill 	Cormack 	Dinkla 
Dix 	Dolecheck 	Drake 	Eddie 
Garman 	Gipp 	Greig 	Greiner 
Gries 	Grundberg 	Hansen 	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 
Mr. Speaker
  Corbett

Absent or not voting, 4:

Ford 	O'Brien 	Reynolds-Knight 	Shoultz 

The motion to suspend the rules lost.
Rants of Woodbury asked and received unanimous consent that
House File 2517 be deferred and that the bill retain its place
on the calendar.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on March 11, 1998, adopted the following
resolution in which the concurrence of the House is asked:
Senate Concurrent Resolution 111, a concurrent resolution
honoring Ms. Barbara Grohe for being named the 1998 National
Superintendent of the Year.
MARY PAT GUNDERSON, Secretary
RULES SUSPENDED
Rants of Woodbury asked and received unanimous consent to
suspend the rules for the immediate consideration of Senate
Concurrent Resolution 111.
ADOPTION OF SENATE CONCURRENT RESOLUTION 111
Mascher of Johnson called up for consideration Senate Concurrent
Resolution 111, a concurrent resolution honoring Ms. Barbara
Grohe for being named the 1998 National Superintendent of the
Year, and moved its adoption.
The motion prevailed and the resolution was adopted.
The House resumed consideration of House File 2517, a bill for
an act establishing a healthy and well kids in Iowa (HAWK-I)
program to provide health insurance to eligible children,
previously deferred.
Jochum of Dubuque offered the following amendment H-8321 filed
by her from the floor and moved its adoption:

H-8321

 1     Amend House File 2517 as follows:
 2     1.  Page 1, lines 29 and 30, by striking the words
 3   "or copayment".
 4     2.  Page 7, by striking lines 17 through 20 and
 5   inserting the following:
 6     "___.  The amount of any cost sharing under the
 7   program."
 8     3.  Page 13, by striking lines 21 through 26 and
 9   inserting the following:  "may include a premium in
10   accordance with federal law.  The amount of the
11   premium shall be based on a sliding fee scale
12   established by rule which is based on family net
13   income, as defined in section 422.7, and the size of
14   the family."
15     4.  By relettering as necessary.
Roll call was requested by Jochum of Dubuque and Doderer of
Johnson.
On the question "Shall amendment H-8321 be adopted?" (H.F. 2517)

The ayes were, 44:

Bell 	Bernau 	Brand 	Bukta 
Burnett 	Cataldo	Chapman 	Chiodo 
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 	Taylor 	Warnstadt 
Weigel 	Whitead 	Wise 	Witt 

The nays were, 53:

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

Absent or not voting, 3:

Ford 	Greiner 	Vande Hoef 

Amendment H-8321 lost.

Hansen of Pottawattamie offered the following amendment H-8305
filed by him from the floor and moved its adoption:

H-8305

 1     Amend House File 2517 as follows:
 2     1.  Page 2, by striking line 21, and inserting the
 3   following:  "improve the health of children and to
 4   provide health care insurance coverage to eligible
 5   children on a".
 6     2.  Page 4, by striking lines 19 through 24, and
 7   inserting the following:  "pursuant to this chapter.
 8   All contracts entered into pursuant to this chapter
 9   shall be made available to the public."
10     3.  Page 5, line 30, by striking the word
11   "program" and inserting the following:  "programs".
12     4.  Page 7, line 29, by inserting after the word
13   "insurers" the following:  ", and between public
14   members of the board and the administrative contractor
15   and participating insurers".
Amendment H-8305 was adopted.
Osterhaus of Jackson offered amendment H-8314 filed by him,
Doderer of Johnson and Holveck of Polk from the floor. Division
was requested as follows:

H-8314

 1     Amend House File 2517 as follows:

H-8314A

 2     1.  Page 2, by striking line 21 and inserting the
 3   following:  "improve the health of children and to
 4   provide health care insurance coverage to eligible
 5   children on a".

H-8314B

 6     2.  Page 4, line 2, by striking the words "and
 7   the" and inserting the following:  ", and by the".

H-8314C

 8     3.  Page 4, line 6, by inserting after the word
 9   "contractor" the following:  "or with a participating
10   insurer".

H-8314A

11     4.  Page 4, by striking lines 19 through 24 and
12   inserting the following:  "pursuant to this chapter.
13   All contracts entered into pursuant to this chapter
14   shall be made available to the public."
15     5.  Page 5, line 30, by striking the word
16   "program" and inserting the following:  "programs".

H-8314D

17     6.  Page 7, line 7, by inserting after the word
18   "drugs" the following:  "and nonprescription drugs as
19   approved by the board".
20     7.  Page 7, by inserting after line 7 the
21   following:
22     "(__)  Pharmacist care."

H-8314E

23     8.  Page 7, by striking lines 18 through 20 and
24   inserting the following:  "shall be an amount which
25   complies with federal law."

H-8314F

26     9.  Page 7, by striking lines 21 through 23 and
27   inserting the following:
28     "___.  A provision that an enrollee may voluntarily
29   disenroll from a plan within the first thirty days of
30   a final eligibility determination.  The enrollee shall
31   only be allowed to voluntarily disenroll in this
32   manner two times annually."

H-8314A

33     10.  Page 7, line 29, by inserting after the word
34   "insurers" the following:  ", and between public
35   members of the board and the administrative contractor
36   and participating insurers".

H-8314E

37     11.  Page 13, by striking lines 21 through 24 and
38   inserting the following:  "may include a premium and
39   copayment amount.  The amount of any premium or
40   copayment amount shall be based on a sliding".
41     12.  By renumbering as necessary.
Osterhaus of Jackson asked and received unanimous consent to
withdraw amendment H-8314A.
Hansen of Pottawattamie offered amendment H-8294 filed by him as
follows:

H-8294

 1     Amend House File 2517 as follows:
 2     1.  Page 3, by striking lines 1 and 2 and
 3   inserting the following:
 4     "4.  The department of human services shall assist
 5   the board in contracting with other entities for
 6   provision".
 7     2.  Page 3, line 23, by striking the word "Six"
 8   and inserting the following:  "Four".
 9     3.  Page 3, line 27, by striking the words "Public
10   members" and inserting the following:  "At least one
11   public member".
12     4.  Page 4, line 28, by striking the word "an" and
13   inserting the following:  "any".
14     5.  Page 4, line 30, by striking the word "an" and
15   inserting the following:  "any".
16     6.  Page 5, by striking line 2 and inserting the
17   following:
18     "d.  Develop, with the assistance of the department
19   of human services, an outreach plan".
20     7.  Page 6, line 8, by inserting after the word
21   "address" the following:  ", but are not limited to
22   addressing,".
23     8.  Page 6, line 17, by inserting after the word
24   "program." the following:  "A plan shall provide for
25   capitated fee form of payment of a participating
26   insurer."
27     9.  Page 6, lines 18 and 19, by striking the words
28   "but are not limited to".
29     10.  Page 7, by striking lines 21 through 23.
30     11.  Page 9, line 12, by striking the word
31   "advisory".
32     12.  Page 9, line 22, by striking the word
33   "advisory".
34     13.  Page 12, line 27, by inserting after the word
35   "disenrolled." the following:  "An enrollee may change
36   plan enrollment once a year on the enrollee's
37   anniversary date."
38     14.  Page 13, by inserting after line 26 the
39   following:
40     "Sec. ___.  EFFECTIVE DATE.  This Act, being deemed
41   of immediate importance, takes effect upon enactment."
42     15.  Title page, line 2, by inserting after the
43   word "children" the following:  "and providing an
44   effective date".
Jochum of Dubuque asked and received unanimous consent to
withdraw amendment H-8323, to amendment H-8294, filed by her
from the floor.
Hansen of Pottawattamie offered the following amendment H-8310,
to amendment H-8294, filed by him from the floor and moved its
adoption:

H-8310

 1     Amend the amendment, H-8294, to House File 2517 as
 2   follows:
 3     1.  Page 1, by inserting after line 6 the
 4   following:
 5     "___.  Page 3, line 15, by striking the word
 6   "nine" and inserting the following:  "seven"."
 7     2.  By renumbering as necessary.
Amendment H-8310, to amendment H-8294, was adopted.
Foege of Linn offered amendment H-8330, to amendment H-8294,
filed by him from the floor as follows:

H-8330

 1     Amend the amendment, H-8294 to House File 2517 as
 2   follows:
 3     1.  Page 1, line 26, by inserting after the word
 4   "insurer" the following:  "and shall include a
 5   requirement, as specified by rules adopted by the
 6   HAWK-I board, that a participating insurer, or
 7   insurer's agent with a capitated payment system, shall
 8   exercise ordinary care when making health care
 9   treatment decisions and is liable for damages for harm
10   to an insured or enrollee proximately caused by the
11   participating insurer's failure to exercise such
12   ordinary care in a reasonable manner.  As used in this
13   paragraph, "insurer's agent" means an employee, agent
14   or representative of a third-party payor who is acting
15   on behalf of the insurer and over whom the insurer has
16   the right to exercise influence or control".
Hansen of Pottawattamie rose on a point of order that amendment
H-8330, to amendment H-8294, was not germane.
The Speaker ruled the point not well taken and amendment H-8330
germane.
Foege of Linn moved the adoption of amendment H-8330, to
amendment H-8294.
Roll call was requested by Schrader of Marion and Hansen of
Pottawattamie.
On the question "Shall amendment H-8330, to amendment H-8294, be
adopted?" (H.F. 2517)

The ayes were, 42:

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

The nays were, 51:

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

Absent or not voting, 7:

Brand 	Dinkla 	Ford 	Grundberg 
Meyer 	Moreland 	Vande Hoef

Amendment H-8330 lost.
Jochum of Dubuque asked and received unanimous consent to
withdraw amendment H-8331, to amendment H-8294, filed by her
from the floor.
Kreiman of Davis offered the following amendment H-8332, to
amendment H-8294, filed by him from the floor and moved its
adoption:

H-8332

 1     Amend the amendment, H-8294, to House File 2517 as
 2   follows:
 3     1.  Page 1, by inserting after line 39 the
 4   following:
 5     ""Sec. ___.  CONTINGENCY.  If the state plan which
 6   includes the HAWK-I program is not approved by the
 7   secretary of the United States department of health
 8   and human services, the department of human services
 9   may expand the medical assistance program to children
10   whose income is not more than one hundred eighty-five
11   percent of the federal poverty level.  Cost sharing
12   may be imposed for children whose income is above one
13   hundred fifty percent of the federal poverty level if
14   consistent with federal regulations governing the
15   medical assistance program."
16     2.  Page 1, line 43, by striking the word "and"
17   and inserting the following:  ", providing a
18   contingency, and".
19     3.  By renumbering as necessary.
Amendment H-8332 lost.
Hansen of Pottawattamie moved the adoption of amendment H-8294,
as amended.
Amendment H-8294, as amended, was adopted placing amendment
H-8314F out of order.
Jochum of Dubuque asked and received unanimous consent to
withdraw amendment H-8311 filed by her from the floor.
Osterhaus of Jackson moved the adoption of amendment H-8314B.
Amendment H-8314B was adopted.
Osterhaus of Jackson asked and received unanimous consent to
withdraw amendment H-8314C filed by Osterhaus, et al.
Hansen of Pottawattamie offered the following amendment H-8295
filed by him and moved its adoption:
H-8295

 1     Amend House File 2517 as follows:
 2     1.  Page 4, line 34, by striking the word "Review"
 3   and inserting the following:  "Define the benefit
 4   package, review".
 5     2.  Page 5, line 1, by inserting after the word
 6   "reviews." the following:  "The benefit design, and
 7   any subsequent modification, shall take into
 8   consideration the needs of children identified as
 9   having special needs."
Amendment H-8295 was adopted.
Hansen of Pottawattamie offered the following amendment H-8296
filed by him and moved its adoption:

H-8296

 1     Amend House File 2517 as follows:
 2     1.  Page 5, line 15, by striking the words "an
 3   initial" and inserting the following:  "a single,
 4   nationally recognized functional".
Amendment H-8296 was adopted.

Jochum of Dubuque offered the following amendment H-8298 filed
by her and moved its adoption:

H-8298

 1     Amend House File 2517 as follows:
 2     1.  Page 5, line 26, by inserting after the word
 3   "program" the following:  ", including but not limited
 4   to a provision to coordinate eligibility between the
 5   medical assistance program and the private program
 6   which establishes medical assistance eligibility up to
 7   one hundred thirty-three percent of the poverty
 8   level,".
Amendment H-8298 was adopted, placing amendment H-8316 filed by
Jochum of Dubuque from the floor, out of order.
Jochum of Dubuque offered the following amendment H-8319 filed
by her from the floor and moved its adoption:

H-8319

 1     Amend House File 2517 as follows:
 2     1.  Page 6, line 5, by striking the words
 3   "administrative costs," and inserting the following:
 4   "administrative costs and the costs of insurance
 5   commissions, but".
Amendment H-8319 lost.
Hansen of Pottawattamie offered the following amendment H-8297
filed by him and moved its adoption:

H-8297

 1     Amend House File 2517 as follows:
 2     1.  Page 6, by inserting after line 6 the
 3   following:
 4     "___.  Establish a clinical advisory committee to
 5   make recommendations to the board regarding the
 6   clinical aspects of the HAWK-I program."
 7     2.  By renumbering as necessary.
Amendment H-8297 was adopted.
Hansen of Pottawattamie offered the following amendment H-8299
filed by him and moved its adoption:

H-8299

 1     Amend House File 2517 as follows:
 2     1.  Page 6, by inserting after line 6, the
 3   following:
 4     "___.  Prescribe the elements to be included in a
 5   health improvement program plan required to be
 6   developed by a participating insurer.  The elements
 7   shall include but are not limited to health
 8   maintenance and prevention, health risk assessment,
 9   and demand management activities."
10     2.  Page 9, by inserting after line 22, the
11   following:
12     "___.  Develop a plan for a health improvement
13   program for enrollees to include elements identified
14   by the board.
15     ___.  Develop a plan for provider network
16   development including criteria for access to pediatric
17   subspecialty services."
18     3.  By relettering and renumbering as necessary.
Amendment H-8299 was adopted.
Osterhaus of Jackson moved the adoption of amendment H-8314D.
Carroll of Poweshiek in the chair at 3:42 p.m.
Amendment H-8314D lost.
Hansen of Pottawattamie offered the following amendment H-8300
filed by him and Metcalf of Polk and moved its adoption:
H-8300

 1     Amend House File 2517 as follows:
 2     1.  By striking page 6, line 24, through page 7,
 3   line 7, and inserting the following:
 4     "(1)  Inpatient hospital services including
 5   medical, surgical, intensive care unit, mental health,
 6   and substance abuse services.
 7     (2)  Nursing care services including skilled
 8   nursing facility services.
 9     (3)  Outpatient hospital services including
10   emergency room, surgery, lab, and x-ray services and
11   other services.
12     (4)  Physician services, both surgical and medical,
13   including office visits, newborn care, well-baby and
14   well-child care, immunizations, urgent care,
15   specialist care, allergy testing and treatment, mental
16   health visits, and substance abuse visits.
17     (5)  Ambulance services.
18     (6)  Physical therapy.
19     (7)  Speech therapy.
20     (8)  Durable medical equipment.
21     (9)  Home health care.
22     (10)  Hospice services.
23     (11)  Prescription drugs.
24     (12)  Dental services including preventative
25   services.
26     (13)  Medically necessary hearing services.
27     (14)  Vision services including corrective lenses."
Amendment H-8300 was adopted.
Van Fossen of Scott offered the following amendment H-8313, to
amendment H-8300, filed by him from the floor and requested
divisions as follows:

H-8313

 1     Amend the amendment, H-8300, to House File 2517 as
 2   follows:

H-8313A

 3     1.  Page 1, by striking line 12 and inserting the
 4   following:
 5     "(4)  Physician services, including surgical and
 6   medical, and".

H-8313B

 7     2.  Page 1, line 18, by inserting after the word
 8   "therapy" the following:  "and physical medicine".
Van Fossen of Scott moved the adoption of amendment H-8313A.
Amendment H-8313A, to amendment H-8300, was adopted.
Van Fossen of Scott asked and received unanimous consent to
withdraw amendment H-8313B, to amendment H-8300.
Hansen of Pottawattamie moved the adoption of amendment H-8300,
as amended.
Amendment H-8300, as amended, was adopted.
Jochum of Dubuque offered the following amendment H-8312 filed
by her from the floor and moved its adoption:

H-8312

 1     Amend House File 2517 as follows:
 2     1.  Page 7, line 14, by inserting after the word
 3   "condition." the following:  "The board may extend
 4   eligibility to additional individuals including, but
 5   not limited to, family members of eligible children,
 6   if eligibility may be extended in a manner which does
 7   not jeopardize the financial soundness of the program
 8   in providing coverage to eligible children."
 9     2.  Page 13, line 11, by inserting after the word
10   "children" the following:  "or other individuals
11   determined eligible by the board".
Amendment H-8312 lost.
Osterhaus of Jackson offered the following amendment H-8306
filed by him from the floor and moved its adoption:

H-8306

 1     Amend House File 2517 as follows:
 2     1.  Page 7, line 19, by striking the word
 3   "minimum" and inserting the following:  "maximum".
 4     2.  Page 13, line 22, by striking the word
 5   "minimum" and inserting the following:  "maximum".
 6     3.  Page 13, line 22, by striking the words "but
 7   which does not exceed five percent".
Amendment H-8306 lost.
Jochum of Dubuque offered the following amendment H-8317 filed
by her from the floor and moved its adoption:

H-8317

 1     Amend House File 2517 as follows:
 2     1.  Page 7, line 19, by striking the words "gross
 3   annual income" and inserting the following:  "net
 4   income, as defined in section 422.7,".
 5     2.  Page 13, line 23, by striking the words
 6   "adjusted gross income" and inserting the following:
 7   "net income as defined in section 422.7".
 8     3.  Page 13, line 26, by striking the words
 9   "adjusted gross income" and inserting the following:
10   "net income as defined in section 422.7".
Amendment H-8317 lost.
Osterhaus of Jackson asked and received unanimous consent that
amendment H-8314E be deferred.
Jochum of Dubuque asked and received unanimous consent to
withdraw amendment H-8320 filed by her from the floor.
Hansen of Pottawattamie offered the following amendment H-8307
filed by him from the floor and moved its adoption:

H-8307

 1     Amend House File 2517 as follows:
 2     1.  Page 13, line 21, by striking the words "and
 3   coinsurance" and inserting the following:  "or
 4   copayment".
 5     2.  Page 13, line 24, by striking the words "and
 6   the coinsurance" and inserting the following:  "or the
 7   copayment".
Amendment H-8307 was adopted, placing amendment H-8308 filed by
Hansen of Pottawattamie from the floor out of order.
Jochum of Dubuque asked and received unanimous consent to
withdraw amendment H-8301 filed by her on March 10, 1998.
Jochum of Dubuque asked and received unanimous consent to
withdraw amendment H-8318 filed by her from the floor.
Osterhaus of Jackson asked and received unanimous consent to
withdraw amendment H-8314E.
Speaker Corbett in the chair at 4:22 p.m.
Hansen 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. 2517)
The ayes were, 95:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boggess 	Bradley 	Brand 
Brauns 	Brunkhorst 	Bukta 	Burnett 
Carroll 	Cataldo 	Chapman 	Chiodo 
Cohoon 	Connors 	Cormack 	Dinkla 
Dix 	Doderer 	Dolecheck 	Dotzler 
Drake 	Drees 	Eddie 	Falck 
Fallon 	Foege 	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 	Sukup 	Taylor 
Teig 	Thomas 	Thomson 	Tyrrell 
Van Fossen 	Vande Hoef 	Veenstra 	Warnstadt 
Weidman 	Weigel 	Welter 	Whitead 
Wise 	Witt 	Mr. Speaker
		  Corbett

The nays were, none.

Absent or not voting, 5:

Boddicker 	Churchill 	Ford 	Siegrist 
Van Maanen 

The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 2517 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 11, 1998, passed the following bill in
which the concurrence of the House is asked:
Senate File 2192, a bill for an act relating to motor vehicle
damage disclosure statements.
Also: That the Senate has on March 11, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2308, a bill for an act concerning eligible
alternative retirement benefit systems for community college
employees.
Also: That the Senate has on March 11, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2371, a bill for an act relating to infectious and
contagious diseases affecting livestock and providing penalties.
Also: That the Senate has on March 11, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2385, a bill for an act relating to the mandatory
minimum term of incarceration for felony domestic abuse assault.
Also: That the Senate has on March 11, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2386, a bill for an act relating to financial
assistance to local governments for eligible disaster-related
expenses, serious needs, and hazard mitigation and providing an
effective date.
Also: That the Senate has on March 11, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2387, a bill for an act relating to adoption
procedural requirements including those related to
investigations, reports, and counseling.
Also: That the Senate has on March 11, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2392, a bill for an act relating to community
service and inmate work programs.
MARY PAT GUNDERSON, Secretary
House File 2394, a bill for an act providing for an immediate
suspension of a driver's license of a person charged with
homicide by vehicle, with report of committee recommending
passage, was taken up for consideration.
Huser of Polk offered amendment H-8279 filed by her and Larson
of Linn as follows:

H-8279

 1     Amend House File 2394 as follows:
 2     1.  Page 1, by striking lines 15 and 16 and
 3   inserting the following:  ""c", the court at the
 4   initial appearance shall issue immediate notice of
 5   intention to suspend to the person who is charged.
 6   The court shall order the person to surrender the
 7   motor vehicle license or permit, if any, and issue a
 8   temporary license effective for ten days.  The
 9   effective date of the suspension shall be ten days
10   after the issuance of the order as provided in section
11   321.210C.  The court shall forward".
12     2.  Page 1, by striking lines 22 through 27, and
13   inserting the following:
14     "1.  The department is authorized to adopt rules
15   relating to the suspension of the license of an
16   operator who has been charged with homicide by vehicle
17   under section 707.6A, subsection 1, paragraph "b" or
18   "c", after receipt by the department of a record from
19   the court under section 321.491.  The effective date
20   of a suspension shall be ten days after the issuance
21   of an order pursuant to section 321.206, subsection
22   2."
23     3.  Page 3, line 4, by inserting after the word
24   "order" the following:  "issuing a temporary license
25   and".
Larson of Linn offered the following amendment H-8333, to
amendment H-8279, filed by Larson of Linn, Huser of Polk,
Kreiman of Davis and Chiodo of Polk from the floor and moved its
adoption:

H-8333

 1     Amend the amendment, H-8279, to House File 2394, as
 2   follows:
 3     1.  Page 1, by striking lines 2 through 25 and
 4   inserting the following:
 5     "   .  Page 1, by striking lines 1 through 18.
 6        .  Page 1, by inserting after line 21 the
 7   following:
 8     "1.  If a trial information or indictment is filed
 9   charging a person with the offense of homicide by
10   vehicle under section 707.6A, subsection 1, and the
11   person's license has not previously been suspended
12   under chapter 321J, or under section 707.6A,
13   subsection 2, the clerk of the district court shall,
14   upon the filing of the information or indictment,
15   forward notice to the department including the name
16   and address of the party charged, the registration
17   number of the vehicle involved, the nature of the
18   offense, and the date of the filing of the indictment
19   or information."
20        .  By striking page 1, line 22, through page 2,
21   line 16 and inserting the following:
22     "2.  Upon receiving notice from the clerk of the
23   district court that an indictment or information has
24   been filed charging an operator with homicide by
25   vehicle under section 707.6A, subsection 1 or 2, the
26   department shall notify the person that the person's
27   motor vehicle license will be suspended effective ten
28   days from the date of issuance of the notice.  The
29   department shall adopt rules relating to the
30   suspension of the license of an operator pursuant to
31   this section which shall include, but are not limited
32   to, procedures for the surrender of the person's
33   license to the department upon the effective date of
34   the suspension.
35     3.  If a person whose motor vehicle license has
36   been suspended pursuant to this section is not
37   convicted of the charge of homicide by vehicle under
38   section 707.6A, subsection 1 or 2, upon record entry
39   of disposition of the charge, the clerk of the
40   district court shall forward a notice including the
41   name and address of the party charged, the
42   registration number of the vehicle involved, the
43   nature of the offense charged by indictment or
44   information, the date of the filing of the indictment
45   or information, and of the disposition of the charge
46   to the department.  Upon receipt of the notice from
47   the clerk, the department shall automatically rescind
48   the suspension and reinstate the person's motor
49   vehicle license without payment of any charge or
50   penalty."

Page 2  

 1        .  Page 2, line 17, by striking the figure "3."
 2   and inserting the following:  "4."
 3        .  Page 2, lines 18 and 19, by striking the
 4   words and figures "1, paragraph "b" or "c"" and
 5   inserting the following:  "1 or 2".
 6        .  Page 2, line 21, by striking the figure "1"
 7   and inserting the following:  "2".
 8        .  By striking page 2, line 23, through page 4,
 9   line 10.
10        .  Page 4, by inserting after line 16 the
11   following:
12     "Sec. ___.  Section 902.12, Code 1997, is amended
13   by adding the following new unnumbered paragraph:
14     NEW UNNUMBERED PARAGRAPH.  Except as otherwise
15   provided in section 903A.2, a person serving a
16   sentence for conviction under section 707.6A,
17   subsection 1 or 2, shall serve one hundred percent of
18   the maximum term of the person's sentence and shall
19   not be released on parole or work release, if the
20   person was also convicted under section 321.261,
21   subsection 3, based on the same facts or event that
22   resulted in the conviction under section 707.6A,
23   subsection 1 or 2."
24        .  Title page, line 1, by striking the words
25   "an immediate" and inserting the following:  "service
26   of one hundred percent of the maximum sentence by and
27   the".
28        .  By numbering and renumbering as necessary."
Amendment H-8333, to amendment H-8279, was adopted.
Huser of Polk moved the adoption of amendment H-8279, as amended.
Amendment H-8279, as amended, was adopted placing out of order
amendment H-8324 filed by Chiodo of Polk from the floor.
Larson of Linn moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 2394)

The ayes were, 96:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boggess 	Bradley 	Brand 
Brauns 	Brunkhorst 	Bukta 	Burnett 
Carroll 	Cataldo 	Chapman 	Chiodo 
Cohoon 	Connors 	Cormack 	Dinkla 
Dix 	Doderer 	Dolecheck 	Dotzler 
Drake 	Drees 	Eddie 	Falck 
Fallon 	Foege 	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 	Sukup 	Taylor 
Teig 	Thomas 	Thomson 	Tyrrell 
Van Fossen 	Van Maanen 	Vande Hoef 	Veenstra 
Warnstadt 	Weidman 	Weigel 	Welter 
Whitead 	Wise 	Witt 	Mr. Speaker
			  Corbett

The nays were, none.

Absent or not voting, 4:

Boddicker 	Churchill 	Ford 	Siegrist 

The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 2394 be immediately messaged to the Senate.

MOTION TO RECONSIDER WITHDRAWN
(House File 2424)
Vande Hoef of Osceola asked and received unanimous consent to
withdraw the motion to reconsider House File 2424, a bill for an
act providing for the expansion of the system of issuance of
motor vehicle licenses by county treasurers, filed by him on
March 10, 1998.
House File 382, a bill for an act relating to the validity of
certain marriages, with report of committee recommending
passage, was taken up for consideration.
Doderer of Johnson asked and received unanimous consent to
withdraw amendment H-8277 filed by Doderer, et al., on March 10,
1998.
Speaker pro tempore Van Maanen of Marion in the chair at 5:14
p.m.
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. 382)

The ayes were, 86:

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

The nays were, 8:

Bernau 	Burnett 	Chapman 	Doderer 
Fallon 	Grundberg 	Mascher 	Myers 

Absent or not voting, 6:

Boddicker 	Dinkla 	Dolecheck 	Foege 
Ford 	Siegrist 

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 382 be immediately messaged to the Senate.
SENATE MESSAGE CONSIDERED
Senate File 2348, by committee on education, a bill for an
act relating to the locations at which shared public school
services may be made available to nonpublic school students.
Read first time and referred to committee on education.
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 11, 1998, passed the following bill in
which the concurrence of the House is asked:
Senate File 2374, a bill for an act providing for the regulation
of bail enforcement businesses and their agents, limiting their
actions, establishing fees, eliminating temporary county-issued
identification for private security agents and investigators,
and providing penalties.
Also: That the Senate has on March 11, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2383, a bill for an act relating to amusement ride
rider safety, providing a penalty, and providing an effective
date.
MARY PAT GUNDERSON, Secretary
MOTIONS TO RECONSIDER
(House File 2482)
I move to reconsider the vote by which House File 2482 passed
the House on March 11, 1998.
NELSON of Marshall
I move to reconsider the vote by which House File 2482 passed
the House on March 11, 1998.
SCHRADER of Marion
EXPLANATIONS OF VOTES
I was necessarily absent from the House chamber on March 11,
1998. Had I been present, I would have voted "aye" on House File
2412 and amendment H-8272 to House File 2482.
CHIODO of Polk
I was necessarily absent from the House chamber on March 10,
1998. Had I been present, I would have voted "aye" on House File
667.
DRAKE of Pottawattamie
I was necessarily absent from the House chamber on March 10,
1998. Had I been present, I would have voted "aye" on House
Files 667, 2136, 2251, 2317, 2324, 2350, 2353, 2370, 2410, 2424,
2429, 2443, 2455, 2465, 2473, 2492 and Senate Files 2279, 2285
and "nay" on amendment H-8217 to House File 2424.
KREIMAN of Davis
I was necessarily absent from the House chamber due to weather
on March 10, 1998. Had I been present, I would have voted "aye"
on House Files 667, 2136, 2317, 2324, 2350, 2353, 2370, 2410,
2443, 2465, 2473, 2492, and Senate File 2285.
LARSON of Linn
I was necessarily absent from the House chamber due to weather
on March 11, 1998. Had I been present, I would have voted "aye"
on House Files 2412, 2482 and amendment H-8272 to House File
2482.
RICHARDSON of Warren
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
One hundred twenty-five seniors from Clear Lake High School,
Clear Lake, accompanied by Beth Ann Schumacher and Mike
Callanan.  By Blodgett of Cerro Gordo.
Twenty-one seventh grade students from Sully Christian School,
Sully, accompanied by Scott Roose.  By Carroll of Poweshiek.
Thirty-two high school government students from English Valleys
School, North English, accompanied by Bria Newell and Gene
Denison.  By Tyrrell of Iowa.

SUBCOMMITTEE ASSIGNMENTS

House File 2411

Appropriations: Gipp, Chair; Koenigs and Sukup.

Senate File 2066

Human Resources: Boddicker, Chair; Lamberti and Moreland.

Senate File 2085 Reassigned

Transportation: Welter, Chair; Carroll and May.

Senate File 2186

Human Resources: Kremer, Chair; Lord and Thomas.

Senate File 2257 Reassigned

Transportation: Welter, Chair; Blodgett and Huser.

Senate File 2292

Judiciary: Sukup, Chair; Moreland and Veenstra.

Senate File 2307

Human Resources: Carroll, Chair; Brand and Thomson.

Senate File 2330

Judiciary: Larson, Chair; Chapman and Lamberti.

Senate File 2331

Judiciary: Kremer, Chair; Bernau and Dinkla.

Senate File 2339

Judiciary: Larson, Chair; Chapman and Lamberti.
Senate File 2398

Judiciary: Lamberti, Chair; Shoultz 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 WAYS AND MEANS
Committee Bill (Formerly House File 517), providing for township
trustees, by providing for their representation by county
attorneys.
Fiscal Note is not required.
Recommended Amend and Do Pass March 10, 1998.
Committee Bill (Formerly House File 716), relating to the
transportation of public and nonpublic school students and other
properly related matters.
Fiscal Note is not required.
Recommended Amend and Do Pass March 10, 1998.
Committee Bill (Formerly House Study Bill 669), relating to the
extension of the reduced excise tax imposed on motor fuel
containing ethanol.
Fiscal Note is not required.
Recommended Do Pass March 10, 1998.

AMENDMENTS FILED

H_8309	H.F.	2275	Martin of Scott
				Burnett of Story
H_8322	H.F.	2162	Senate Amendment
H_8325	H.F.	2494	Koenigs of Mitchell
H_8326	H.F.	2495	Churchill of Polk
				Bernau of Story
H_8327	H.F.	2498	Chiodo of Polk
H_8328	H.F.	2520	Houser of Pottawattamie
H_8329	H.F.	2520	Blodgett of Cerro Gordo
H_8334	H.F.	2335	Greiner of Washington
H_8335	H.F.	2335	Weigel of Chickasaw
H_8336	H.F.	2335	Weigel of Chickasaw
H_8337	H.F.	2005	Blodgett of Cerro Gordo
H_8338	H.F.	2491	Van Fossen of Scott
H_8339	H.F.	2494	Arnold of Lucas
H_8340	H.F.	2494	Kreiman of Davis
H_8341	H.F.	2494	Carroll of Poweshiek
H_8342	H.F.	2494	Scherrman of Dubuque
H_8343	H.F.	2494	Mundie of Webster
H_8344	H.F.	2496	Martin of Scott
H_8345	H.F.	2496	Martin of Scott
H_8346	H.F.	2496	Martin of Scott
H_8347	H.F.	2101	Taylor of Linn
H_8348	S.F.	2061	Huser of Polk
H_8349	H.F.	2494	Mundie of Webster
H_8350	H.F.	2494	Koenigs of Mitchell
H_8351	H.F.	2494	Mundie of Webster
H_8352	H.F.	2494	Witt of Black Hawk
H_8353	H.F.	2335	Koenigs of Mitchell
H_8354	H.F.	2494	Teig of Hamilton
H_8355	H.F.	2494	Frevert of Palo Alto
On motion by Gipp of Winneshiek, the House adjourned at 6:10
p.m., until 8:45 a.m., Thursday, March 12, 1998.

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