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Sixty-fourth Calendar Day - Forty-third Session Day Hall of the House of Representatives Des Moines, Iowa, Monday, March 16, 1998 The House met pursuant to adjournment at 1:08 p.m., Speaker Corbett in the chair. Prayer was offered by Rabbi Fink of Synagogue Temple B'Nai Jeshurun, Des Moines. The Journal of Friday, March 13, 1998 was approved. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by the Centennial Elementary School sixth graders, Altoona. LEAVE OF ABSENCE Leave of absence was granted as follows: Chapman of Linn and Brand of Tama, until their arrival, on request of Bernau of Story. SENATE MESSAGES CONSIDERED Senate File 2356, by committee on state government, a bill for an act relating to revolving funds to be administered by the department of general services and providing for funding for the revolving funds. Read first time and referred to committee on state government. Senate File 2399, by committee on judiciary, a bill for an act providing for the merger of a limited partnership with other business entities. Read first time and referred to committee on judiciary. CONSIDERATION OF BILLS Regular Calendar House File 2435, a bill for an act relating to the entrepreneurs with disabilities program, 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. 2435) The ayes were, 94: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege Ford 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 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 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, 6: Brand Chapman Chiodo Eddie Grundberg Taylor The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 2229 WITHDRAWN Drake of Pottawattamie asked and received unanimous consent to withdraw House File 2229 from further consideration by the House. House File 2456, a bill for an act changing the designation of the judiciary in the Code from the judicial department to the judicial branch, was taken up for consideration. 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. 2456) The ayes were, 94: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Falck Fallon 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 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, 6: Brand Chapman Chiodo Eddie Foege Taylor The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2478, a bill for an act relating to confidentiality in the mediation process, was taken up for consideration. Millage of Scott moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2478) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees 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 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, 5: Brand Chiodo Eddie Heaton Taylor 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 2435, 2456 and 2478. House File 2480, a bill for an act to repeal the future repeal of the interception of communications chapter, was taken up for consideration. Boddicker of Cedar 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. 2480) The ayes were, 96: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees 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 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: Brand Chiodo Eddie Taylor The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 2480 be immediately messaged to the Senate. House File 2348, a bill for an act relating to institutions and facilities administered by the department of human services and to similar and related services, with report of committee recommending amendment and passage, was taken up for consideration. Houser of Pottawattamie offered the following amendment H-8149 filed by the committee on human resources and moved its adoption: H-8149 1 Amend House File 2348 as follows: 2 1. By striking page 3, line 28, through page 4, 3 line 26. The committee amendment H-8149 was adopted. Foege of Linn offered the following amendment H-8392 filed by Foege, et al., and moved its adoption: H-8392 1 Amend House File 2348 as follows: 2 1. Page 1, by inserting after line 32 the 3 following: 4 "It is the intent of the general assembly that the 5 department of human services shall provide ongoing 6 training to the institutions' employees as necessary 7 to maintain the quality of the support made available 8 to community-based providers of services." 9 2. Page 2, line 13, by inserting after the word 10 "services" the following: ", the governor's 11 developmental disabilities council, the Iowa 12 association of rehabilitation and residential 13 facilities, and the Iowa state association of 14 counties". 15 3. Page 7, by striking lines 15 and 16. 16 4. By renumbering as necessary. Amendment H-8392 was adopted. Heaton of Henry 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. 2348) The ayes were, 94: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Falck 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 Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Mr. Speaker Corbett The nays were, 3: Fallon Reynolds-Knight Witt Absent or not voting, 3: Brand Chiodo Eddie The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 677, a bill for an act relating to an exception from mandatory participation in a course by parties to an action involving child custody or visitation, with report of committee recommending passage, was taken up for consideration. Murphy of Dubuque offered the following amendment H-8379 filed by Murphy, et al., and moved its adoption: H-8379 1 Amend House File 677 as follows: 2 1. Page 1, by inserting after line 18 the 3 following: 4 "Sec. ___. NEW SECTION. 598.41A VISITATION _ 5 HISTORY OF CRIMINAL OFFENSES AGAINST A MINOR. 6 Notwithstanding section 598.41, the court shall 7 consider in the award of visitation rights to a parent 8 of a child, the criminal history of the parent if the 9 parent has been convicted of a criminal offense 10 against a minor, a sexually violent offense against a 11 minor, or sexual exploitation of a minor. As used in 12 this section, "criminal offense against a minor", 13 "sexually violent offense", and "sexual exploitation" 14 mean as defined in section 692A.1." 15 2. Title page, line 1, by inserting after the 16 word "to" the following: "child custody and 17 visitation including the consideration of a parent's 18 criminal history in the awarding of visitation rights 19 and including". Amendment H-8379 was adopted. 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. 677) The ayes were, 98: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees 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 Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 2: Chiodo Eddie The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. House File 2337, a bill for an act concerning the method for imposition of the drug abuse resistance education surcharge, was taken up for consideration. Garman of Story 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. 2337) The ayes were, 99: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees 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 Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 1: Eddie The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 2025 WITHDRAWN Chapman of Linn asked and received unanimous consent to withdraw House File 2025 from further consideration by the House. HOUSE FILE 154 WITHDRAWN Huser of Polk asked and received unanimous consent to withdraw House File 154 from further consideration by the House. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 2348, 677 and 2337. House File 2438, a bill for an act relating to the regulation of commercial feed, was taken up for consideration. Heaton of Henry 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. 2438) The ayes were, 100: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors 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 Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2369, a bill for an act relating to the human immunodeficiency virus including the testing of an alleged offender for the human immunodeficiency virus, the intentional transmission of the human immunodeficiency virus, making penalties applicable, establishing penalties, and providing for an affirmative defense, was taken up for consideration. Holveck of Polk offered the following amendment H-8304 filed by him and Garman of Story and moved its adoption: H-8304 1 Amend House File 2369 as follows: 2 1. Page 1, by striking lines 20 through 23 and 3 inserting the following: "degree of consanguinity, 4 and the county attorney who may use the results as 5 evidence in the prosecution of sexual assault or 6 prosecution of the offense of criminal transmission of 7 HIV under chapter 709C. For the purposes of this 8 paragraph". 9 2. Page 1, by inserting after line 31, the 10 following: 11 "NEW SUBSECTION. 1B. "Authorized representative" 12 means an individual authorized by the victim to 13 request an HIV-related test of a convicted or alleged 14 offender who is any of the following: 15 a. The parent, guardian, or custodian of the 16 victim if the victim is a minor. 17 b. The physician of the victim. 18 c. The victim counselor or person requested by the 19 victim who is authorized to provide the counseling 20 required pursuant to section 141.22. 21 d. The victim's spouse. 22 e. The victim's legal counsel." 23 3. By striking page 2, line 20, through page 4, 24 line 34, and inserting the following: 25 "Sec. ___. Section 709B.2, Code 1997, is amended 26 to read as follows: 27 709B.2 HIV-RELATED TEST - CONVICTED OR ALLEGED 28 SEXUAL ASSAULT OFFENDER. 29 1. If a person is convicted of sexual assault or 30 adjudicated delinquent for an act of sexual assault, 31 the county attorney, if requested by the petitioner, 32 shall petition the court for an order requiring the 33 convicted offender to submit to an HIV-related test, 34 provided that all of the following conditions are met: 35 a. The sexual assault for which the offender was 36 convicted or adjudicated delinquent included 37 sufficient contact between the victim and the 38 convicted offender to be deemed a significant exposure 39 pursuant to section 709B.1. 40 b. The authorized representative of the 41 petitioner, the county attorney, or the court sought 42 to obtain written informed consent from the convicted 43 offender to the testing. 44 c. Written informed consent was not provided by 45 the convicted offender. 46 2. If a person is an alleged offender, the county 47 attorney, if requested by the victim, shall make 48 application to the court for the issuance of a search 49 warrant, in accordance with chapter 808, for the 50 purpose of requiring the alleged offender to submit to Page 2 1 an HIV-related test, if all of the following 2 conditions are met: 3 a. The application states that the victim believes 4 that the sexual assault for which the alleged offender 5 is charged included sufficient contact between the 6 victim and the alleged offender to be deemed a 7 significant exposure pursuant to section 709B.1 and 8 states the factual basis for the belief that a 9 significant exposure exists. 10 b. The authorized representative of the victim, 11 the county attorney, or the court sought to obtain 12 written informed consent to the testing from the 13 alleged offender. 14 c. Written informed consent was not provided by 15 the alleged offender. 162.3. Upon receipt of the petition or application , 17 the court shall: 18 a. Prior to the scheduling of a hearing, refer the 19 victim for counseling by a victim counselor or a 20 person requested by the victim who is authorized to 21 provide the counseling required pursuant to section 22 141.22, regarding the nature, reliability, and 23 significance of the HIV-related test and of the 24 serologic status of the convicted offender. 25 b. Schedule a hearing to be held as soon as is 26 practicable. 27 c. Cause written notice to be served on the 28 convicted or alleged offender who is the subject of 29 the proceeding, in accordance with the rules of civil 30 procedure relating to the service of original notice, 31 or if the convicted or alleged offender is represented 32 by legal counsel, provide written notice to the 33 convicted or alleged offender and the convicted or 34 alleged offender's legal counsel. 35 d. Provide for the appointment of legal counsel 36 for a convicted or alleged offender if the convicted 37 or alleged offender desires but is financially unable 38 to employ counsel. 39 e. Furnish legal counsel with copies of the 40 petition or application, written informed consent, if 41 obtained, and copies of all other documents related to 42 the petition or application, including, but not 43 limited to, the charges and orders. 443.4. Unless a petitioner chooses to be 45 represented by private counsel, the county attorney 46 shall represent the victim's interest in all 47 proceedings under this section. 484.5. a. A hearing under this section shall be 49 conducted in an informal manner consistent with 50 orderly procedure and in accordance with the Iowa Page 3 1 rules of evidence. The hearing shall be limited in 2 scope to the review of questions of fact only as to 3 the issue of whether the sexual assault for which the 4 offender was convicted or adjudicated delinquent or 5 for which the alleged offender was charged provided 6 sufficient contact between the victim and the 7 convicted or alleged offender to be deemed a 8 significant exposure, and to questions of law. 9 b. In determining whether the contact should be 10 deemed a significant exposure for a convicted 11 offender, the court shall base the determination on 12 the testimony presented during the proceedings on the 13 sexual assault charge, the minutes of the testimony or 14 other evidence included in the court record, or if a 15 plea of guilty was entered, based upon the complaint 16 or upon testimony provided during the hearing. In 17 determining whether the contact should be deemed a 18 significant exposure for an alleged offender, the 19 court shall base the determination on the application 20 and the factual basis provided in the application for 21 the belief of the applicant that a significant 22 exposure exists. 23 c. The victim may testify at the hearing, but 24 shall not be compelled to testify. The court shall 25 not consider the refusal of a victim to testify at the 26 hearing as material to the court's decision regarding 27 issuance of an order or search warrant requiring 28 testing. 29 d. The hearing shall be in camera unless the 30 convicted or alleged offender and the petitioner or 31 victim agree to a hearing in open court and the court 32 approves. The report of the hearing proceedings shall 33 be sealed and no report of the proceedings shall be 34 released to the public, except with the permission of 35 all parties and the approval of the court. 36 e. Stenographic notes or electronic or mechanical 37 recordings shall be taken of all court hearings unless 38 waived by the parties. 395.6. Following the hearing, the court shall 40 require a convicted or alleged offender to undergo an 41 HIV-related test only if the petitioner or victim 42 proves all of the following by a preponderance of the 43 evidence: 44 a. The sexual assault constituted a significant 45 exposure. 46 b. An authorized representative of the petitioner, 47 the county attorney, or the court sought to obtain 48 written informed consent from the convicted or alleged 49 offender. 50 c. Written informed consent was not provided by Page 4 1 the convicted or alleged offender. 26.7. A convicted offender who is required to 3 undergo an HIV-related test may appeal to the court 4 for review of questions of law only, but may appeal 5 questions of fact if the findings of fact are clearly 6 erroneous." 7 4. Page 4, line 35, by inserting after the figure 8 "5," the following: "6,". 9 5. Page 5, by striking lines 28 through 30, and 10 inserting the following: 11 "5. Notwithstanding subsection 4, test results12shall not be disclosed to a convicted offender who13elects against disclosure." 14 6. Page 5, by inserting before line 31, the 15 following: 16 "6. If testing is ordered under this chapter, the 17 court shall also order periodic testing of the 18 convicted offender during the period of incarceration, 19 probation, or parole or of the alleged offender during 20 a period of six months following the initial test if 21 the physician or other practitioner who ordered the 22 initial test of the convicted or alleged offender 23 certifies that, based upon prevailing scientific 24 opinion regarding the maximum period during which the 25 results of an HIV-related test may be negative for a 26 person after being HIV-infected, additional testing is 27 necessary to determine whether the convicted or 28 alleged offender was HIV-infected at the time the 29 sexual assault or alleged sexual assault was 30 perpetrated. The results of the test conducted 31 pursuant to this subsection shall be released only to 32 the physician or other practitioner who orders the 33 test of the convicted or alleged offender, the 34 convicted or alleged offender, the victim counselor or 35 person requested by the victim who is authorized to 36 provide the counseling required pursuant to section 37 141.22, who shall disclose the results to the 38 petitioner,andthe physician of the victim, if 39 requested by the victim and the county attorney who 40 may use the results as evidence in the prosecution of 41 the sexual assault or in the prosecution of the 42 offense of criminal transmission of HIV under chapter 43 709C." Veenstra of Sioux in the chair at 1:55 p.m. Amendment H-8304 was adopted. Garman of Story 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. 2369) The ayes were, 100: 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 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 Van Maanen Vande Hoef Warnstadt Weidman Weigel Welter Whitead Wise Witt Veenstra, Presiding The nays were, none. Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2335, a bill for an act relating to persons holding interests in agricultural land and providing penalties and an effective date, was taken up for consideration. Greiner of Washington offered amendment H-8146 filed by her as follows: H-8146 1 Amend House File 2335 as follows: 2 1. Page 1, by striking lines 16 through 19 and 3 inserting the following: "organized under chapter 4 497, 498, 499, or 501." 5 2. Page 11, by striking lines 19 through 23 and 6 inserting the following: 7 "___. "Cooperative association" means the same as 8 defined in section 10.1." The House stood at ease at 2:15 p.m., until the fall of the gavel. The House resumed session at 3:45 p.m., Veenstra of Sioux in the chair. Greiner of Washington offered the following amendment H-8334, to amendment H-8146, filed by her and moved its adoption: H-8334 1 Amend the amendment, H-8146, to House File 2335 as 2 follows: 3 1. Page 1, line 4, by inserting after the figure 4 "501." the following: "However, a cooperative 5 association shall not include an agricultural 6 association as defined in section 499.2." Amendment H-8334 was adopted. Greiner of Washington moved the adoption of amendment H-8146, as amended. Roll call was requested by Greiner of Washington and Chiodo of Polk. Rule 75 was invoked. On the question "Shall amendment H-8146, as amended, be adopted?" (H.F. 2335) The ayes were, 49: Barry Bernau Boddicker Brand Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Churchill Cohoon Cormack Dix Doderer Fallon Foege Ford Frevert Garman Greiner Grundberg Heaton Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Murphy Myers Osterhaus Rayhons Reynolds-Knight Scherrman Schrader Shoultz Taylor Van Maanen Warnstadt Weigel Whitead Wise The nays were, 49: Arnold Bell Blodgett Boggess Carroll Corbett, Spkr. Dinkla Dolecheck Dotzler Drake Drees Eddie Falck Gipp Greig Gries Hahn Hansen Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Mundie Nelson O'Brien Rants Richardson Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Weidman Welter Witt Veenstra, Presiding Absent or not voting, 2: Bradley Connors Amendment H-8146 lost Weigel of Chickasaw asked and received unanimous consent to withdraw amendment H-8289 filed by him on March 10, 1998, placing amendment H-8336 out of order. Weigel of Chickasaw asked and received unanimous consent that amendment H-8302 be deferred. Weigel of Chickasaw offered amendment H-8303 filed by him as follows: H-8303 1 Amend House File 2335 as follows: 2 1. Page 5, by inserting after line 4 the 3 following: 4 "___. A person shall not hold an interest in more 5 than two farmers entities." 6 2. Page 6, by inserting after line 27 the 7 following: 8 "___. A person shall not hold an interest in more 9 than two farmers entities." 10 3. Page 8, by inserting after line 23 the 11 following: 12 "___. A person shall not hold an interest in more 13 than two farmers entities." 14 4. Page 10, by inserting after line 2, the 15 following: 16 "___. A person shall not hold an interest in more 17 than two farmers entities." 18 5. By renumbering as necessary. Weigel of Chickasaw offered the following amendment H-8408, to amendment H-8303, filed by him from the floor and moved its adoption: H-8408 1 Amend the amendment, H-8303, to House File 2335, as 2 follows: 3 1. Page 1, by striking lines 2 through 17 and 4 inserting the following: 5 " . By striking page 6, line 35, through page 6 7, line 1, and inserting the following: "interest in 7 agricultural land of more than six hundred and forty 8 acres." 9 " . Page 8, lines 32 and 33, by striking the 10 words "one thousand five hundred" and inserting the 11 following: "six hundred and forty"." Amendment H-8408 was adopted. Shoultz of Black Hawk offered amendment H-8424, to amendment H-8303, filed by him from the floor as follows: H-8424 1 Amend the amendment, H-8303, to House File 2335, as 2 follows: 3 1. Page 1, by inserting before line 18, the 4 following: 5 " . Page 10, by inserting before line 10, the 6 following: 7 "SUBCHAPTER __ - PUBLIC RIGHTS 8 Sec. ___. NEW SECTION. 10.9A PUBLIC RIGHTS. 9 1. A farmers entity shall post a conspicuous 10 notice on land which is held by a farmers entity. The 11 notice shall identify that the land is held by a 12 farmers entity and provide identifying information 13 regarding the farmers entity as provided by rules 14 adopted by the department of natural resources. 15 2. Land which is held by a farmers entity shall be 16 subject to special public rights. A person shall be 17 allowed to hunt, fish, and camp on such land subject 18 to rules adopted by the department of natural 19 resources. However, a person shall comply with 20 reasonable requirements established by the farmers 21 entity relating to the time, place, and manner of 22 public use. A person shall not discharge a firearm 23 within one quarter of a mile from a building located 24 on the land."" 25 2. By renumbering as necessary. Greig of Emmet rose on a point of order that amendment H-8424, to amendment H-8303, was not germane. The Speaker ruled the point well taken and amendment H-8424 not germane. Weigel of Chickasaw moved the adoption of amendment H-8303, as amended. Amendment H-8303, as amended, was adopted. Koenigs of Mitchell asked and received unanimous consent to withdraw amendment H-8290 filed by him on March 10, 1998. Koenigs of Mitchell asked and received unanimous consent to withdraw amendment H-8353 filed by him on March 11, 1998. Weigel of Chickasaw offered amendment H-8373 filed by him as follows: H-8373 1 Amend House File 2335 as follows: 2 1. Page 8, by inserting after line 23 the 3 following: 4 "Sec. ___. NEW SECTION. 10.8A PROCEDURE FOR 5 ACQUISITION - MAJORITY VOTE OF THE MEMBERSHIP. 6 A farmers cooperative association shall not acquire 7 agricultural land or acquire an interest in a farmers 8 entity under this chapter, unless a resolution 9 authorizing the acquisition is adopted by a majority 10 vote of all the members of the farmers cooperative 11 association, at a meeting called for that purpose 12 according to the terms of the resolution which shall 13 be consistent with the articles of incorporation or 14 articles of association for the farmers cooperative 15 association." Greiner of Washington offered the following amendment H-8407, to amendment H-8373, filed by her from the floor and moved its adoption: H-8407 1 Amend the amendment, H-8373, to House File 2335 as 2 follows: 3 1. Page 1, by striking lines 10 through 15 and 4 inserting the following: "vote of the members of the 5 farmers cooperative association present or represented 6 having voting privileges, at an annual meeting or 7 special meeting of the membership, provided that at 8 least ten days' prior written notice of the impending 9 membership vote has been mailed to all members of the 10 association with a copy or summary of the resolution." Amendment H-8407 was adopted. Greig of Emmet rose on a point of order that amendment H-8373, as amended, was not germane. The Speaker ruled the point not well taken and amendment H-8373, as amended, germane. Weigel of Chickasaw moved the adoption of amendment H-8373, as amended. A non-record roll call was requested. The ayes were 36, nays 49. Amendment H-8373 lost. Koenigs of Mitchell offered the following amendment H-8391 filed by him and moved its adoption: H-8391 1 Amend House File 2335 as follows: 2 1. Page 8, by inserting after line 23 the 3 following: 4 "Sec. ___. NEW SECTION. 10.8A DISSENTING MEMBERS 5 AND SHAREHOLDERS. 6 If a farmers cooperative association is acquiring 7 agricultural land or acquiring an interest in a 8 farmers entity, the farmers cooperative association 9 shall notify its members and shareholders prior to the 10 acquisition. The notice shall be delivered to each 11 member and shareholder in person or by mail directed 12 to each member's or shareholder's address as shown on 13 the books of the association. A member or shareholder 14 of the farmers cooperative association may dissent, by 15 filing a demand within twenty days after the farmers 16 cooperative association delivers the notice. The 17 farmers cooperative association shall pay to the 18 member or shareholder, upon surrender of that person's 19 certificate of membership or shares of stock, the fair 20 value of that member's or shareholder's interest as 21 provided in section 499.66 as if a member were 22 dissenting to a merger or consolidation. A member or 23 shareholder who fails to make demand within the 24 twenty-day period is conclusively presumed to have 25 consented to the acquisition." A non-record roll call was requested. The ayes were 40, nays 52. Amendment H-8391 lost. Weigel of Chickasaw asked and received unanimous consent to withdraw amendment H-8302 filed by him on March 10, 1998, placing amendment H-8335 out of order. MOTION TO RECONSIDER LOST Dotzler of Black Hawk called up for consideration the motion to reconsider amendment H-8146, as amended, filed by him from the floor, and moved to reconsider the vote by which amendment H-8146, as amended, lost. Roll call was requested by Heaton of Henry and Greiner of Washington. Rule 75 was invoked. On the question "Shall the House reconsider the vote on amendment H-8146?" (H.F. 2335) The ayes were, 49: Bell Bernau Boddicker Brand Brauns Brunkhorst Bukta Burnett Cataldo Chapman Chiodo Churchill Cohoon Connors Dix Doderer Dotzler Fallon Foege Ford Frevert Garman Greiner Heaton Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Murphy Myers Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Warnstadt Weigel Whitead Wise Witt The nays were, 50: Arnold Barry Blodgett Boggess Bradley Carroll Corbett, Spkr. Cormack Dinkla Dolecheck Drake Drees Eddie Falck Greig Gries Grundberg Hahn Hansen Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Mundie Nelson O'Brien Rants Rayhons Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Weidman Welter Veenstra, Presiding Absent or not voting, 1: Gipp The motion to reconsider lost. Greig of Emmet 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. 2335) The ayes were, 64: Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Carroll Cataldo Chiodo Churchill Corbett, Spkr. Cormack Dinkla Dolecheck Drake Eddie Falck Ford Gipp Greig Gries Grundberg Hahn Hansen Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Mundie Myers Nelson O'Brien Rants Rayhons Siegrist Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Warnstadt Weidman Welter Wise Veenstra, Presiding The nays were, 35: Arnold Bernau Bukta Burnett Chapman Cohoon Connors Dix Dotzler Drees Fallon Foege Frevert Garman Greiner Heaton Holveck Huser Jochum Kinzer Koenigs Kreiman Moreland Murphy Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Sukup Taylor Weigel Whitead Witt Absent or not voting, 1: Doderer The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. 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 16, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2218, a bill for an act appropriating federal funds made available from federal block grants and other federal grants, allocating portions of federal block grants, and providing procedures if federal funds are more or less than anticipated or if federal block grants are more or less than anticipated. Also: That the Senate has on March 16, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2161, a bill for an act relating to the reporting and partner notification requirements relative to the human immunodeficiency virus. Also: That the Senate has on March 16, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2200, a bill for an act relating to the expenses, powers, and duties of county agricultural extension councils. Also: That the Senate has on March 16, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2274, a bill for an act relating to certain funds paid to or administered by the department of corrections, by making changes to procedures for the charging of payments for goods and services of Iowa prison industries, providing for the nonreversion of revolving farm fund balance investment proceeds, and making changes relating to the distribution and accounting for inmate earnings from private employers. Also: That the Senate has on March 16, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2311, a bill for an act relating to partnerships by replacing the existing law with a uniform partnership law and providing an effective date. Also: That the Senate has on March 16, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2317, a bill for an act relating to compensation by manufacturers or distributors for warranty work on vessels and providing a remedy. Also: That the Senate has on March 16, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2325, a bill for an act amending the Uniform Securities Act, by regulating persons involved in managing investments, providing for the administration of the securities bureau, providing fees, and providing for penalties. Also: That the Senate has on March 16, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2332, a bill for an act relating to agriculture, regulating the sale of agricultural products advertised as organic, providing for fees and appropriations, and providing penalties and an effective date. Also: That the Senate has on March 16, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2364, a bill for an act relating to the sales, services, and use taxes exemption for the sales of food and beverages for human consumption by certain organizations, providing refunds, and including effective and retroactive applicability date provisions. Also: That the Senate has on March 16, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2400, a bill for an act relating to the powers and duties of county treasurers and including an applicability date provision. MARY PAT GUNDERSON, Secretary IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 2438, 2369 and 2335. EXPLANATIONS OF VOTES I was necessarily absent from the House chamber on March 16, 1998. Had I been present, I would have voted "aye" on House Files 677, 2348, 2435, 2456, 2478, and 2480. CHIODO of Polk I was necessarily absent from the House chamber on Monday afternoon, March 16, 1998. Had I been present, I would have voted "aye" on House Files 677, 2337, 2348, 2435, 2456, 2478, and 2480. EDDIE of Buena Vista SPECIAL PRESENTATIONS Prior to convening, Fallon of Polk entertained the House with Irish music performed by him and Daniel Glynn, Kim Glynn, Leon Johnson, Bettie Swarts, Dean Wipperman, Sarah Hobart and Kristin Fallon. Representatives Boddicker of Cedar and Fallon of Polk sang "Danny Boy." Siegrist of Pottawattamie presented to the House former State Representative Larry Allen from Pottawattamie 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\273 Coach Ed Hanson and the Solon High School Lady Spartans - For winning the 1998 2A Iowa State Girls' Basketball Championship. 1998\274 Principal Tom Madson and the Mount Vernon High School Academic Decathlon Team - For winning the 1998 Iowa Academic Decathlon Tournament championship. 1998\275 Marvin Ingels, Hebron Lodge No. 374 - For receiving his 50 year certificate and pin. 1998\276 Gene and Esther Peebler, Agency - For celebrating their 50th wedding anniversary. 1998\277 Dorothy Camp, Indianola - For celebrating her 105th birthday. 1998\278 Arnold Bair, North English - For being named Iowa County Volunteer of the Year for 1998. 1998\279 Charles and Dorothy McVey, Osceola - For celebrating their 50th wedding anniversary. 1998\280 Bill and Evelyn Campbell, Indianola - For celebrating their 56th wedding anniversary. 1998\281 Josh Henry, Dubuque - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. SUBCOMMITTEE ASSIGNMENTS House File 2405 Ways and Means: Dix, Chair; Drake, Lord, Myers and Richardson. Senate File 2068 Local Government: Vande Hoef, Chair; Connors and Martin. Senate File 2112 Labor and Industrial Relations: Barry, Chair; Falck and Kremer. Senate File 2268 Local Government: Arnold, Chair; Klemme and Mundie. Senate File 2269 State Government: Nelson, Chair; Connors and Van Fossen. Senate File 2356 State Government: Gipp, Chair; Chiodo and Jacobs. Senate File 2386 State Government: Hansen, Chair; Tyrrell and Whitead. Senate File 2405 Local Government: Brauns, Chair; Vande Hoef and Whitead. AMENDMENTS FILED H_8405 H.F. 2167 Teig of Hamilton H_8406 H.F. 2447 Richardson of Warren H_8409 H.F. 2005 Carroll of Poweshiek Larson of Linn Richardson of Warren H_8410 H.F. 2413 Weidman of Cass H_8411 H.F. 2513 Shoultz of Black Hawk Bernau of Story Bukta of Clinton Chapman of Linn Chiodo of Polk Connors of Polk Doderer of Johnson Dotzler of Black Hawk Jochum of Dubuque Koenigs of Mitchell Moreland of Wapello Myers of Johnson Schrader of Marion Taylor of Linn H_8412 H.F. 2514 Thomson of Linn H_8413 H.F. 2528 Richardson of Warren H_8414 H.F. 2528 Richardson of Warren H_8415 H.F. 2528 Richardson of Warren H_8416 H.F. 2528 Weidman of Cass Lamberti of Polk H_8417 H.F. 2528 Lamberti of Polk Weidman of Cass H_8418 H.F. 2537 Weigel of Chickasaw Mertz of Kossuth Koenigs of Mitchell Drees of Carroll May of Worth Scherrman of Dubuque Osterhaus of Jackson Thomas of Clayton Foege of Linn Wise of Lee Brand of Tama O'Brien of Boone Larkin of Lee H_8419 H.F. 2496 Larkin of Lee H_8420 H.F. 2533 Mascher of Johnson H_8421 H.F. 2528 Carroll of Poweshiek H_8422 S.F. 2192 O'Brien of Boone H_8423 H.F. 2528 Welter of Jones H_8425 H.F. 2498 Weigel of Chickasaw Brunkhorst of Bremer H_8426 H.F. 2506 Dotzler of Black Hawk H_8427 H.F. 2506 Dotzler of Black Hawk H_8428 H.F. 2506 Dotzler of Black Hawk H_8429 H.F. 2506 Dotzler of Black Hawk H_8430 H.F. 2506 Dotzler of Black Hawk H_8431 H.F. 2520 Blodgett of Cerro Gordo H_8432 S.F. 2295 Dolecheck of Ringgold H_8433 H.F. 2528 Richardson of Warren H_8434 H.F. 2520 Houser of Pottawattamie H_8435 H.F. 2496 Martin of Scott H_8436 H.F. 2528 Cohoon of Des Moines Cormack of Webster H_8437 H.F. 2005 Chapman of Linn H_8438 H.F. 2005 Grundberg of Polk Martin of Scott Jacobs of Polk H_8439 S.F. 2335 Grundberg of Polk H_8440 H.F. 2528 Reynolds-Knight of Van Buren H_8441 H.F. 2496 Martin of Scott H_8442 H.F. 2496 Mascher of Johnson H_8443 H.F. 2528 Kreiman of Davis H_8444 H.F. 2498 Thomas of Clayton H_8445 H.F. 2352 Grundberg of Polk H_8446 H.F. 2514 Welter of Jones H_8447 S.F. 2320 Chiodo of Polk H_8448 H.F. 2005 Jacobs of Polk H_8449 H.F. 2447 Huser of Polk Moreland of Wapello H_8450 H.F. 2447 Huser of Polk Moreland of Wapello On motion by Siegrist of Pottawattamie, the House adjourned at 6:35 p.m., until 8:45 a.m., Tuesday, March 17, 1998.
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