| Previous Day: Monday, March 16 | Next Day: Wednesday, March 18 |
| Senate Journal: Index | House Journal: Index |
| Legislation: Index | Bill History: Index |
This file contains STRIKE and UNDERSCORE. If you cannot see either STRIKE or UNDERSCORE attributes or would like to change how these attributes are displayed, please use the following form to make the desired changes.
Sixty-fifth Calendar Day - Forty-fourth Session Day Hall of the House of Representatives Des Moines, Iowa, Tuesday, March 17, 1998 The House met pursuant to adjournment at 8:52 a.m., Speaker Corbett in the chair. Prayer was offered by Father Eugene Murray, Holy Family Parish of Emmetsburg. The Journal of Monday, March 16, 1998 was approved. PETITIONS FILED The following petitions were received and placed on file: By Brauns of Muscatine, from ninety-one constituents from the 47th district favoring changing the boating regulations so Lake McBride will remain a no wake lake year round. By Foege of Linn, from fifty-nine constituents of House District 50 and surrounding area opposing House File 2033, removing special restrictions relating to the operation of motor boats with power units exceeding 10 horsepower on Lake McBride. ST. PATRICK'S DAY OBSERVANCE Frevert of Palo Alto presented to the House the Emmetsburg Little Irish Dancers. The Emmetsburg Irish Dancers are a group of elementary school girls who performed authentic Irish dances. Members of the group were: Sadie Hill, Molly Hurley, Melissa Hinners, Danielle Kinney, Abbie Lang, Valerie Mattice, and BriAnn Reedy. Presentation of Irish Dignitary Frevert of Palo Alto presented to the House, Paul Connaughton T.D., from Galway Ireland, who is a member of the Irish Parliament. Mr. Connaughton entered politics as a Senator on the Agriculture panel from 1977 to 1981, and was elected to Parliament in 1981. He served as minister of state at the Department of Agriculture with special responsibility for Land Structure and Development. He is currently the Fine Gael spokesperson on Energy and Western Development, and Chairman of the Political Affairs Committee since 1993. He has served as Agriculture, Social Welfare, Regional Development, Defense, and Deputy Spokesperson on Tourism. He was accompanied by his wife Bernadette and is the honored guest of the Thirty-eighth Annual St. Patrick's Day Celebration in Emmetsburg. Representative Frevert of Palo Alto escorted Mr. Connaughton to the Speaker's station where he addressed the House. The House rose and expressed its welcome. Representative Connors of Polk played the song "How Can You Buy Killurney." SENATE MESSAGES CONSIDERED Senate File 2161, by Szymoniak, a bill for an act relating to the reporting and partner notification requirements relative to the human immunodeficiency virus. Read first time and referred to committee on human resources. Senate File 2200, by Angelo, a bill for an act relating to the expenses, powers, and duties of county agricultural extension councils. Read first time and referred to committee on local government. Senate File 2274, by committee on judiciary, 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. Read first time and referred to committee on judiciary. Senate File 2311, by committee on commerce, a bill for an act relating to partnerships by replacing the existing law with a uniform partnership law and providing penalties and an effective date. Read first time and referred to committee on judiciary. Senate File 2317, by committee on transportation, a bill for an act relating to compensation by manufacturers or distributors for warranty work on vessels and providing a remedy. Read first time and referred to committee on transportation. Senate File 2325, by committee on commerce, 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. Read first time and referred to committee on commerce and regulation. Senate File 2332, by committee on agriculture, 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. Read first time and referred to committee on appropriations. Senate File 2364, by committee on ways and means, 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. Read first time and referred to committee on ways and means. Senate File 2400, by committee on local government, a bill for an act relating to the powers and duties of county treasurers and including an applicability date provision. Read first time and passed on file. CONSIDERATION OF BILLS Regular Calendar House File 2382, a bill for an act relating to the identification of animals and providing penalties, with report of committee recommending passage, was taken up for consideration. 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. 2382) 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 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, 1: Dinkla The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Speaker pro tempore Van Maanen of Marion in the chair at 9:23 a.m. House File 2436, a bill for an act relating to the state registrar of voters, was taken up for consideration. Jacobs of Polk offered the following amendment H-8291 filed by her and moved its adoption: H-8291 1 Amend House File 2436 as follows: 2 1. Page 2, line 10, by inserting after the word 3 "party" the following: "whose candidates for 4 president of the United States or governor, as the 5 case may be, received the greatest and the next 6 greatest number of votes in the most recent general 7 election". 8 2. Page 2, line 12, by inserting after the word 9 "commissioner." the following: "Each county 10 commissioner or commissioner's designee shall serve 11 two-year staggered terms." 12 3. Page 2, by striking lines 23 through 25 and 13 inserting the following: "The commission shall 14 organize and elect a". Amendment H-8291 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. 2436) 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 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 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 Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, 1: Mertz Absent or not voting, 2: Dinkla Van Fossen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2472, a bill for an act relating to fines imposed for violations of city ordinances or city infractions and providing an effective date, was taken up for consideration. Vande Hoef of Osceola offered the following amendment H-8254 filed by him and moved its adoption: H-8254 1 Amend House File 2472 as follows: 2 1. Page 1, by inserting before line 1 the 3 following: 4 "Sec. 100. Section 331.302, subsection 2, Code 5 1997, is amended to read as follows: 6 2. A county shall not provide a penalty in excess 7 of aonefive hundred dollar fine or in excess of 8 thirty days imprisonment for the violation of an 9 ordinance. The criminal penalty surcharge required by 10 section 911.2 shall be added to a county fine and is 11 not a part of the county's penalty. 12 Sec. 101. Section 331.302, subsection 4A, 13 paragraph a, subparagraph (2), Code 1997, is amended 14 to read as follows: 15 (2) A portion of the Code of Iowa may be adopted 16 by reference only if the criminal penalty provided by 17 the law adopted does not exceed thirty days' 18 imprisonment or aonefive hundred dollar fine. 19 Sec. 102. Section 331.302, subsection 15, Code 20 1997, is amended to read as follows: 21 15. A county shall not provide a civil penalty in 22 excess ofonefive hundred dollars for the violation 23 of an ordinance which is classified as a county 24 infraction or if the infraction is a repeat offense, a 25 civil penalty not to exceedtwoseven hundred fifty 26 dollars for each repeat offense. A county infraction 27 is not punishable by imprisonment. 28 Sec. 103. Section 331.307, subsection 1, Code 29 1997, is amended to read as follows: 30 1. A county infraction is a civil offense 31 punishable by a civil penalty of not more thanone32 five hundred dollars for each violation or if the 33 infraction is a repeat offense a civil penalty not to 34 exceedtwoseven hundred fifty dollars for each repeat 35 offense." 36 2. Page 1, by striking lines 33 and 34, and 37 inserting the following: 38 "Sec. 4. EFFECTIVE DATE. Sections 1, 100, and 101 39 of this Act, amending sections 364.3 and 331.302, are 40 effective January 1 following". 41 3. Title page, line 1, by inserting after the 42 word "city" the following: "or county". 43 4. Title page, line 2, by inserting after the 44 word "city" the following: "or county". 45 5. By renumbering and correcting internal 46 references as necessary. Amendment H-8254 was adopted. Klemme of Plymouth 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. 2472) The ayes were, 99: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 1: Dinkla The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. House File 2175, a bill for an act relating to the creation of, and annexation of property to, a sanitary sewer district, with report of committee recommending amendment and passage, was taken up for consideration. Vande Hoef of Osceola offered the following amendment H-8118 filed by the committee on local government and moved its adoption: H-8118 1 Amend House File 2175 as follows: 2 1. Page 2, by striking lines 1 and 2. 3 2. Page 2, line 4, by striking the word "The" and 4 inserting the following: "In a county which has more 5 than seven thousand five hundred acres of natural 6 lakes, the". The committee amendment H-8118 was adopted. Richardson of Warren 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. 2175) The ayes were, 96: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Churchill Cohoon Connors Corbett, Spkr. Cormack 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 Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, 2: Chiodo Rants Absent or not voting, 2: Dinkla Rayhons The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2514, a bill for an act relating to motor vehicle operation and motor vehicles, carriers and motor trucks, and penalties and hazardous materials, including weight requirements and transportation of hazardous materials, and providing an effective date, was taken up for consideration. Blodgett of Cerro Gordo offered the following amendment H-8378 filed by Blodgett, et al., and moved its adoption: H-8378 1 Amend House File 2514 as follows: 2 1. Page 4, by inserting after line 10 the 3 following: 4 "Sec. ___. Section 321.473, unnumbered paragraph 5 3, Code 1997, is amended to read as follows: 6 Any person who violates the provisions of the 7 ordinance,orresolution, or special permit issued by 8 the department under this section shall, upon 9 conviction or a plea of guilty, be subject to a fine 10 determined by dividing the difference between the 11 actual weight and the maximum weight established by 12 the ordinance,orresolution, or special permit issued 13 by the department by one hundred, and multiplying the 14 quotient by two dollars." Amendment H-8378 was adopted. Brauns of Muscatine offered the following amendment H-8394 filed by Brauns, et al., and moved its adoption: H-8394 1 Amend House File 2514 as follows: 2 1. Page 4, by inserting after line 10 the 3 following: 4 "Sec. ___. Section 321.491, unnumbered paragraph 5 2, Code Supplement 1997, is amended to read as 6 follows: 7 Within ten days after the conviction or forfeiture 8 of bail of a person upon a charge of violating any 9 provision of this chapter or other law regulating the 10 operation of vehicles on highways every magistrate of 11 the court or clerk of the district court of record in 12 which the conviction occurred or bail was forfeited 13 shall prepare and immediately forward to the 14 department an abstract of the record of the case. The 15 abstract must be certified by the person preparing it 16 to be true and correct. The clerk of the district 17 court shall collect a fee of fifty cents for each 18 individual copy of any record of conviction or 19 forfeiture of bail furnished to any requestor at the 20 clerk's office except for the department or other 21 local, state, or federal government entity. Moneys 22 collected under this section shall be transferred to 23 the department as a repayment receipt, as defined in 24 section 8.2, to enhance the efficiency of the 25 department to process records and information between 26 the department and the Iowa court information system. 27 Notwithstanding any other provision in this section or 28 chapter 22, the judicial department shall be the 29 provider of public electronic access to the clerk's 30 records of convictions and forfeitures of bail through 31 the Iowa court information system and shall, if all 32 such records are provided monthly to a vender, the 33 judicial department shall collect a fee from such 34 vendor which is the greater of three thousand dollars 35 per month or the actual direct cost of providing the 36 records." Amendment H-8394 was adopted. Thomson of Linn offered amendment H-8412 filed by her as follows: H-8412 1 Amend House File 2514 as follows: 2 1. Page 4, line 13, by inserting after the figure 3 "2." the following: "a." 4 2. Page 4, by striking lines 15 and 16 and 5 inserting the following: "defined in section 260C.2. 6 Enrollment in the". 7 3. Page 4, line 21, by striking the words "or by 8 the substance abuse facility". 9 4. Page 4, by inserting after line 26 the 10 following: 11 "b. The course provided according to this section 12 may also be offered by a substance abuse agency 13 licensed pursuant to chapter 125, for offenders 14 ordered to attend the course pursuant to section 15 321J.25. 16 (1) Enrollment in the course is not limited to 17 persons required to enroll, attend, and successfully 18 complete a course for drinking drivers pursuant to 19 this chapter. 20 (2) The course provided according to this 21 paragraph shall be taught by qualified staff of the 22 licensed substance abuse agency who are trained in the 23 state-approved curriculum. 24 (3) The division of substance abuse of the 25 department of public health may establish reasonable 26 fees to defray the expenses associated with offering 27 the course. 28 (4) Licensed substance abuse agencies offering 29 courses pursuant to this paragraph shall prepare a 30 list of the locations of the courses, the dates and 31 times for the courses, the procedure for enrollment, 32 and the schedule of course fees. The list shall be 33 updated periodically, and a copy of each updated list 34 shall be sent to the district courts in the area which 35 the substance abuse agency serves. 36 (5) Each licensed substance abuse agency offering 37 courses under this paragraph shall maintain 38 attendance, successful and unsuccessful completion 39 data on the persons ordered to enroll, attend, and 40 successfully complete a course for drinking drivers. 41 This data shall be forwarded to the appropriate 42 court." 43 5. By renumbering as necessary. Thomson of Linn asked and received unanimous consent that amendment H-8412 be deferred. Huser of Polk asked and received unanimous consent that amendment H-8181 be deferred. Blodgett of Cerro Gordo offered the following amendment H-8252 filed by him and moved its adoption: H-8252 1 Amend House File 2514 as follows: 2 1. Page 4, by striking lines 11 through 26. Amendment H-8252 was adopted placing out of order amendments H-8412 filed by Thomson of Linn on March 16, 1998, and H-8181 filed by Huser of Polk, et al., on March 3, 1998. Thomson of Linn asked and received unanimous consent to withdraw amendment H-8404 filed by her on March 13, 1998. Murphy of Dubuque asked and received unanimous consent that amendment H-8390 be deferred. Blodgett of Cerro Gordo offered the following amendment H-8377 filed by him and moved its adoption: H-8377 1 Amend House File 2514 as follows: 2 1. Page 5, by striking lines 8 through 19. 3 2. By renumbering as necessary. Amendment H-8377 was adopted. Welter of Jones offered the following amendment H-8446 filed by him and moved its adoption: H-8446 1 Amend House File 2514 as follows: 2 1. Page 6, line 5, by inserting after the figure 3 "1998" the following: ", contingent upon adoption of 4 new regulations concerning the transportation or 5 shipment of hazardous materials by the appropriate 6 federal agencies". Amendment H-8446 was adopted. Murphy of Dubuque asked and received unanimous consent to withdraw amendment H-8390 filed by Murphy, et al., on March 12, 1998. Blodgett of Cerro Gordo 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. 2514) The ayes were, 98: 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 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 Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, 2: Doderer Thomson 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. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 2382, 2436, 2472, 2175 and 2514. House File 2523, a bill for an act relating to the reimbursement of certain providers of services under the medical assistance program, was taken up for consideration. Boddicker of Cedar offered the following amendment H-8273 filed by him and moved its adoption: H-8273 1 Amend House File 2523 as follows: 2 1. Page 1, line 2, by inserting after the word 3 "CLINICS" the following: "AND FEDERALLY QUALIFIED 4 HEALTH CLINICS". 5 2. Page 1, line 3, by inserting after the word 6 "clinics" the following: "and federally qualified 7 health clinics". Amendment H-8273 was adopted. Brand of Tama 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. 2523) 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 Dolecheck Dotzler Drake Drees Eddie 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 Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, 1: Grundberg Absent or not voting, 2: Rayhons Vande Hoef The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2510, a bill for an act requesting an interim study conference of the loess hills areas of this state, was taken up for consideration. Jochum of Dubuque asked and received unanimous consent to withdraw amendment H-8225 filed by Jochum, et al., on March 4, 1998. Weidman of Cass 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. 2510) 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 Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, 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. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 2523 and 2510. RULES SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent to suspend the rules to add House File 2425 to the daily debate calendar. House File 2496, a bill for an act relating to public retirement systems, and providing effective, implementation, and applicability dates, was taken up for consideration. Carroll of Poweshiek in the chair at 10:55 a.m. 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 House is asked: Senate File 2144, a bill for an act relating to school district action to change the boundaries of director districts after dissolution of a school district. Also: That the Senate has on March 10, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2256, a bill for an act relating to the regulation of the deer population. Also: That the Senate has on March 10, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2264, a bill for an act transferring responsibility for administration of enhanced 911 public safety telephone answering and dispatching services from the emergency management division in the department of public defense to the E911 communications council. Also: That the Senate has on March 17, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2283, a bill for an act relating to coverage under a policy or contract providing for third-party payment or prepayment of health or medical expenses by providing coverage for costs associated with equipment, supplies, and education for the treatment of diabetes. Also: That the Senate has on March 17, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2380, a bill for an act relating to the election of a local exchange carrier to be price-regulated. Also: That the Senate has on March 12, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2394, a bill for an act to provide for the appointment of a vice chairperson for the board of parole and providing an effective date. MARY PAT GUNDERSON, Secretary The House stood at ease at 11:06 a.m., until the fall of the gavel. The House resumed session and consideration of House File 2496 at 12:45 p.m., Rants of Woodbury in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed eighty-three members present, seventeen absent. Martin of Scott offered the following amendment H-8344 filed by her and moved its adoption: H-8344 1 Amend House File 2496 as follows: 2 1. Page 1, by inserting after line 23 the 3 following: 4 "Sec. 101. Section 97A.6, subsection 4, Code 1997, 5 is amended to read as follows: 6 4. ALLOWANCE ON ORDINARY DISABILITY RETIREMENT. 7 a. Upon retirement for ordinary disability prior 8 to July 1, 1998, a member shall receive an ordinary 9 disability retirement allowance which shall consist of 10 a pension which shall equal fifty percent of the 11 member's average final compensation unless either of 12 the following conditions exist: 13a.(1) If the member has not had five or more 14 years of membership service, the member shall receive 15 a disability pension equal to one-fourth of the 16 member's average final compensation. 17b.(2) If the member has had twenty-two or more 18 years of membership service, the member shall receive 19 a disability retirement allowance that is equal to the 20 greater of the benefit that the member would receive 21 under subsection 2 if the member were fifty-five years 22 of age or the disability pension otherwise calculated 23 under this subsection. 24 b. Upon retirement for ordinary disability on or 25 after July 1, 1998, a member who has five or more 26 years of membership service shall receive a disability 27 retirement allowance in an amount equal to the greater 28 of fifty percent of the member's average final 29 compensation or the retirement allowance that the 30 member would receive under subsection 2 if the member 31 had attained fifty-five years of age. A member who 32 has less than five years of membership service shall 33 receive a pension equal to one-fourth of the member's 34 average final compensation. 35 Sec. 102. Section 97A.6, subsection 6, paragraph 36 b, Code 1997, is amended to read as follows: 37 b. Upon retirement for accidental disability on or 38 after July 1, 1990, but before July 1, 1998, a member 39 shall receive an accidental disability retirement 40 allowance which shall consist of a pension equal to 41 sixty percent of the member's average final 42 compensation. However, if the member has had twenty- 43 two or more years of membership service, the member 44 shall receive a disability retirement allowance that 45 is equal to the greater of the retirement allowance 46 that the member would receive under subsection 2 if 47 the member were fifty-five years of age or the 48 disability retirement allowance calculated under this 49 paragraph. 50 Sec. 103. Section 97A.6, subsection 6, Code 1997, Page 2 1 is amended by adding the following new paragraph: 2 NEW PARAGRAPH. c. Upon retirement for accidental 3 disability on or after July 1, 1998, a member shall 4 receive an accidental disability retirement allowance 5 which shall consist of a pension in an amount equal to 6 the greater of sixty percent of the member's average 7 final compensation or the retirement allowance that 8 the member would receive under subsection 2 if the 9 member has attained fifty-five years of age. 10 Sec. 104. Section 97A.6, subsection 7, paragraph 11 a, unnumbered paragraph 1, Code 1997, is amended to 12 read as follows: 13 Should any beneficiary for either ordinary or 14 accidental disability, except a beneficiary who is 15 fifty-five years of age or over and would have 16 completed twenty-two years of service if the 17 beneficiary had remained in active service, be engaged 18 in a gainful occupation paying more than the 19 difference between the member's net retirement 20 allowance and one and one-half times the current 21 earnable compensation of an active member at the same 22 position on the salary scale within the member's rank 23 as the member held at retirement, then the amount of 24 the retirement allowance shall be reduced to an amount 25which together withsuch that the member's net 26 retirement allowance plus the amount earned by the 27 member shall equal one and one-half times the amount 28 of the current earnable compensation of an active 29 member at the same position on the salary scale within 30 the member's rank as the member held at retirement. 31 Should the member's earning capacity be later changed, 32 the amount of the retirement allowance may be further 33 modified, provided that the new retirement allowance 34 shall not exceed the amount of the retirement 35 allowance originally granted adjusted by annual 36 readjustments of pensions pursuant to subsection 14 of 37 this section nor an amount which would cause the 38 member's net retirement allowance, when added to the 39 amount earned by the beneficiary,equalsto equal one 40 and one-half times the amount of the current earnable 41 compensation of an active member at the same position 42 on the salary scale within the member's rank as the 43 member held at retirement. A beneficiary restored to 44 active service at a salary less than the average final 45 compensation upon the basis of which the member was 46 retired at age fifty-five or greater, shall not again 47 become a member of the retirement system and shall 48 have the member's retirement allowance suspended while 49 in active service. If the rank or position held by 50 the retired member is subsequently abolished, Page 3 1 adjustments to the allowable limit on the amount of 2 income which can be earned in a gainful occupation 3 shall be computed in the same manner as provided in 4 subsection 14, paragraph "c", of this section for 5 readjustment of pensions when a rank or position has 6 been abolished. If the salary scale associated with a 7 member's rank at retirement is changed after the 8 member retires, earnable compensation for purposes of 9 this section shall be based upon the salary an active 10 member currently would receive at the same rank and 11 with seniority equal to that of the retired member at 12 the time of retirement. For purposes of this 13 paragraph, "net retirement allowance" means the amount 14 determined by subtracting the amount paid during the 15 previous calendar year by the beneficiary for health 16 insurance or similar health care coverage for the 17 beneficiary and the beneficiary's dependents from the 18 amount of the member's retirement allowance paid for 19 that year pursuant to this chapter. The beneficiary 20 shall submit sufficient documentation to the board of 21 trustees to permit the system to determine the 22 member's net retirement allowance for the applicable 23 year. 24 Sec. 105. APPLICABILITY. Section 104 of this Act, 25 amending section 97A.6, subsection 7, paragraph "a", 26 is applicable to amounts earned by a beneficiary after 27 December 31, 1997." 28 2. Page 78, by inserting after line 28 the 29 following: 30 "Sec. 106. NEW SECTION. 29.2A AIRPORT FIRE 31 FIGHTERS - MAXIMUM AGE. 32 The maximum age for a person to be employed as an 33 airport fire fighter by the military division of the 34 department of public defense is sixty-five years of 35 age. 36 Sec. 107. Section 80.36, Code 1997, is amended to 37 read as follows: 38 80.36 MAXIMUM AGE. 39 The maximum age for a person to be employed as a 40 peace officer in thedivisions of highway safety,41uniformed force and radio communications, criminal42investigation and bureau of identification, and drug43law enforcementdepartment of public safety is sixty- 44 five years of age." 45 3. Page 78, by inserting after line 34 the 46 following: 47 "Sec. 108. Section 321.477, Code 1997, is amended 48 to read as follows: 49 321.477 EMPLOYEES AS PEACE OFFICERS - MAXIMUM 50 AGE. Page 4 1 The department may designate by resolution certain 2 of its employees upon each of whom there is hereby 3 conferred the authority of a peace officer to control 4 and direct traffic and weigh vehicles, and to make 5 arrests for violations of the motor vehicle laws 6 relating to the operating authority, registration, 7 size, weight, and load of motor vehicles and trailers 8 and registration of a motor carrier's interstate 9 transportation service with the department. The 10 maximum age for a person employed as a peace officer 11 pursuant to this section is sixty-five years of age. 12 Sec. 109. Section 330A.8, subsection 16, Code 13 1997, is amended to read as follows: 14 16. To designate employees upon whom are conferred 15 all the powers of a peace officer as defined in 16 section 801.4. The maximum age for a person 17 designated as a peace officer pursuant to this 18 subsection is sixty-five years of age. 19 Sec. 110. Section 331.903, Code 1997, is amended 20 by adding the following new subsection: 21 NEW SUBSECTION. 6. The maximum age for a person 22 to be employed as a deputy sheriff appointed pursuant 23 to this section is sixty-five years of age. 24 Sec. 111. Section 362.10, Code 1997, is amended to 25 read as follows: 26 362.10 POLICE OFFICERS AND FIRE FIGHTERS. 27 The maximum age for a police officer, marshal, or 28 fire fighter employed for police duty or the duty of 29 fighting fires is sixty-five years of age. This 30 section shall not apply to volunteer fire fighters. 31 Sec. 12. Section 456A.13, Code 1997, is amended to 32 read as follows: 33 456A.13 OFFICERS AND EMPLOYEES - PEACE OFFICER 34 STATUS. 35 The director shall employ the number of assistants, 36 including a professionally trained state forester, 37 that are necessary to carry out the duties imposed on 38 the commission; and, under the same conditions, the 39 director shall appoint the number of full-time 40 officers and supervisory personnel that are necessary 41 to enforce all laws of the state and rules and 42 regulations of the commission. The full-time officers 43 and supervisory personnel have the same powers that 44 are conferred by law on peace officers in the 45 enforcement of all laws of the state of Iowa and the 46 apprehension of violators. A person appointed as a 47 full-time officer shall be at least twenty-one years 48 of age, but not more than sixty-five years of age,on 49 the date of appointment and shall not be employed as a 50 full-time officer after attaining the age of sixty- Page 5 1 five. "Full-time officer" means any person appointed 2 by the director to enforce the laws of this state." 3 4. Page 80, lines 33 and 34, by striking the 4 words "written comments on the results of the 5 examination". 6 5. Page 81, line 1, by inserting after the word 7 "examination" the following: "written comments 8 concerning issues to be considered by the consultant, 9 prior to the hiring of the consultant, and written 10 comments on the results of the examination". 11 6. By renumbering as necessary. Amendment H-8344 was adopted. Martin of Scott offered the following amendment H-8374 filed by her and moved its adoption: H-8374 1 Amend House File 2496 as follows: 2 1. Page 3, line 1, by inserting after the word 3 "department." the following: "For purposes of section 4 1526 of the federal Taxpayer Relief Act of 1997, 5 eligible participants, as defined by section 1526, may 6 make payments of contributions under this section 7 without regard to the limitations of section 415(c)(1) 8 of the federal Internal Revenue Code." 9 2. Page 3, line 4, by striking the words "RETURN 10 OF" and inserting the following: "CREDITING OF 11 ERRONEOUS". 12 3. Page 3, by striking lines 11 through 16 and 13 inserting the following: "andmake a refund ofshall 14 credit such payments to theemployee or employer, or15both, as it finds just and equitableappropriate 16 party.Refunds so made shall be charged to the fund17to which the erroneous collections have been credited18and shall be paid to the employee or employer, or19both, without interest." 20 4. Page 3, line 17 by striking the figure "3." 21 and inserting the following: "2." 22 5. Page 3, lines 17 and 18, by striking the words 23 "return of" and inserting the following: "credit for 24 erroneously paid". 25 6. Page 3, line 19, by striking the words "make 26refundpayments" and inserting the following: "make27refund paymentsissue a credit". 28 7. Page 3, lines 21 and 22, by striking the words 29 "the payment of the refund" and inserting the 30 following: "the payment of the refundissuing the 31 credit". 32 8. Page 3, line 23, by striking the figure "4." 33 and inserting the following: "3." 34 9. Page 3, line 24, by striking the words 35 "payments made" and inserting the following: "credits 36 issued". 37 10. Page 3, by striking lines 25 through 26 and 38 inserting the following: "However, if a credit for 39 contributions paid". 40 11. Page 3, line 28, by inserting after the 41 figure "97B.42A" the following: "is issued". 42 12. Page 3, line 29, by inserting after the word 43 "dividends" the following: "as provided in section 44 97B.70". 45 13. Page 3, line 30, by inserting after the word 46 "dividends" the following: "as provided in section 47 97B.70". 48 14. Page 3, line 31, by striking the words 49 "payments made" and inserting the following: "credits 50 issued". Page 2 1 15. Page 3, line 32, by striking the word 2 "payment" and inserting the following: "crediting". 3 16. Page 14, line 13, by striking the word 4 "returned" and inserting the following: "credited". 5 17. Page 14, line 30, by striking the word 6 "returned" and inserting the following: "credited". 7 18. Page 21, line 18, by striking the words 8 "membership and prior" and inserting the following: 9 "eligible". 10 19. Page 21, by inserting after line 20 the 11 following: 12 "b. "Eligible service" means membership and prior 13 service in a protection occupation. In addition, for 14 a member with membership and prior service in a 15 protection occupation described in paragraph "d", 16 subparagraph (2), eligible service includes membership 17 and prior service as a sheriff, deputy sheriff, or 18 airport fire fighter as defined in section 97B.49C." 19 20. Page 21, line 21, by striking the word "b." 20 and inserting the following: "c." 21 21. Page 21, lines 22 and 23, by striking the 22 words "membership and prior" and inserting the 23 following: "eligible". 24 22. Page 21, line 25, by striking the word "c." 25 and inserting the following: "d." 26 23. Page 22, by striking lines 23 through 26. 27 24. Page 23, line 19, by striking the word "c" 28 and inserting the following: "d". 29 25. Page 23, line 25, by striking the word "c" 30 and inserting the following: "d". 31 26. Page 23, line 32, by striking the word "c" 32 and inserting the following: "d". 33 27. Page 24, line 5, by striking the word "c" and 34 inserting the following: "d". 35 28. Page 24, line 12, by striking the word "c" 36 and inserting the following: "d". 37 29. Page 24, line 19, by striking the word "c" 38 and inserting the following: "d". 39 30. Page 45, by inserting after line 5 the 40 following: 41 "Sec. ___. NEW SECTION. 97B.49I QUALIFIED 42 BENEFITS ARRANGEMENT. 43 The department, by rule, may establish and maintain 44 a qualified benefits arrangement under section 415(m) 45 of the federal Internal Revenue Code. The amount of 46 any annual benefit that would be payable pursuant to 47 this chapter but for the limitation imposed by section 48 415 of the federal Internal Revenue Code shall be paid 49 from a qualified benefits arrangement established and 50 maintained pursuant to this section." Page 3 1 31. Page 67, by inserting before line 31 the 2 following: 3 "Sec. ___. EFFECTIVE DATE. Section 49 of this 4 Act, amending section 97B.53, subsection 1, takes 5 effect July 1, 1999." 6 32. By renumbering and correcting internal 7 references as necessary. Amendment H-8374 was adopted. Martin of Scott offered the following amendment H-8345 filed by her and moved its adoption: H-8345 1 Amend House File 2496 as follows: 2 1. Page 16, line 4, by striking the words and 3 figures "subsection 4, Code 1997, is" and inserting 4 the following: "subsections 1, 2, 3, and 4, Code 5 1997, are". 6 2. Page 16, by inserting after line 5 the 7 following: 8 "1. The first of the month in which a member 9 attains the age of sixty-five years if the member has 10 not completedthirtytwenty years of membership 11 service. 12 2. The first of the month in which the member 13 attains the age of sixty-two years if the member has 14 completedthirtytwenty years of membership service. 15 3. The first of any month in which the member has 16 completedthirtytwenty years of membership service if 17 the member has attained the age of sixty-two years but 18 is not yet sixty-five years of age." 19 3. Page 36, by inserting after line 8 the 20 following: 21 "d. The member is an active or inactive vested 22 member retiring on or after July 1, 1986, and before 23 January 1, 1999, who is at least sixty-two years of 24 age and who has completed thirty years of membership 25 service." 26 4. Page 45, line 21, by striking the word 27 "thirty" and inserting the following: "thirty28 twenty". 29 5. Page 46, line 24, by striking the word 30 "thirty" and inserting the following: "thirty31 twenty". 32 6. Page 46, line 25, by striking the word "full" 33 and inserting the following: "full". 34 7. Page 67, line 27, by inserting after the word 35 "APPLICABILITY." the following: 36 "a." 37 8. Page 67, by inserting after line 30 the 38 following: 39 "b. The portion of section 22 that amends section 40 97B.45, subsections 1, 2, and 3, and section 38, 41 amending section 97B.50, are effective January 1, 42 1999, and apply to members retiring on or after 43 January 1, 1999." 44 9. By renumbering as necessary. Amendment H-8345 was adopted. Larkin of Lee offered amendment H-8389 filed by him as follows: H-8389 1 Amend House File 2496 as follows: 2 1. Page 16, by striking lines 6 through 12 and 3 inserting the following: 4 "(1) The first of any month in whicha member5meets the membership service and age requirements to6retire under section 97B.49, subsection 15the member 7 is at least fifty-five years of age and for which the 8 sum of the number of years of membership service and 9 prior service and the member's age in years as of the 10 member's last birthday equals or exceeds eighty-five. 11 (2) The department shall implement this subsection 12 on July 1, 1998, or on the date that the department 13 determines that the most recent annual actuarial 14 valuation of the system indicates that the employer 15 and employee contribution rates in effect under 16 section 97B.11 can absorb the costs of this 17 subsection, whichever is later. However, until this 18 subsection is implemented, the department shall not 19 pay a dividend adjustment pursuant to section 97B.49F, 20 subsection 1." 21 2. Page 36, by inserting after line 8 the 22 following: 23 "d. The member is an active or inactive vested 24 member retiring on or after July 1, 1997, and before 25 the implementation date provided in section 97B.45, 26 subsection 4, subparagraph (2), who is at least fifty- 27 five years of age and for which the sum of the number 28 of years of membership service and prior service and 29 the member's age in years as of the member's last 30 birthday equals or exceeds eighty-eight." 31 3. By renumbering as necessary. Larkin of Lee offered the following amendment H-8451, to amendment H-8389, filed by him from the floor and moved its adoption: H-8451 1 Amend the amendment, H-8389, to House File 2496, as 2 follows: 3 1. Page 1, by striking the figure "(1)" and 4 inserting the following: "4. a." 5 2. Page 1, line 11, by striking the figure "(2)" 6 and inserting the following: "b.". 7 3. Page 1, by striking lines 17 through 20 and 8 inserting the following: "subsection and the 9 additional benefits provided to members of the system 10 by this Act, whichever is later. However, until this 11 subsection is implemented, the department shall not 12 credit amounts to active member supplemental accounts 13 as provided in section 97B.49H."" Amendment H-8451 was adopted. Larkin of Lee moved the adoption of H-8389, as amended. Roll call was requested by Larkin of Lee and Wise of Lee. Rule 75 was invoked. On the question "Shall amendment H-8389, as amended, be adopted?" (H.F. 2496) The ayes were, 46: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 53: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Rants, Presiding Absent or not voting, none. Under the provision of Rule 76, conflict of interest, Fallon of Polk refrained from voting. Amendment H-8389 lost. Mascher of Johnson offered the following amendment H-8399 filed by her and moved its adoption: H-8399 1 Amend House File 2496 as follows: 2 1. Page 17, by inserting after line 20 the 3 following: 4 "Sec. ___. Section 97B.48A, subsection 1, 5 unnumbered paragraph 1, Code 1997, is amended to read 6 as follows: 7 If a member who has not reached the member's sixty- 8 fifth birthday and who has a bona fide retirement 9 under this chapter is in regular full-time employment 10 during a calendar year, the member's retirement 11 allowance shall be reduced by fifty cents for each 12 dollar the member earns over the limit provided in 13 this subsection. However, employment is not full-time 14 employment until the member receives remuneration in 15 an amount in excess ofseventwelve thousandfour16hundred fortydollars for a calendar year, or an 17 amount equal to the amount of remuneration permitted 18 for a calendar year for persons under sixty-five years 19 of age before a reduction in federal social security 20 retirement benefits is required, whichever is higher. 21 Effective the first of the month in which a member 22 attains the age of sixty-five years, a retired member 23 may receive a retirement allowance without a reduction 24 after return to covered employment regardless of the 25 amount of remuneration received." 26 2. By renumbering as necessary. Amendment H-8399 was adopted. Mascher of Johnson asked and received unanimous consent to withdraw amendment H-8401 filed by her on March 13, 1998. LEAVE OF ABSENCE Leave of absence was granted as follows: Holveck of Polk, until his return, on request of Schrader of Marion. Martin of Scott offered the following amendment H-8346 filed by her and moved its adoption: H-8346 1 Amend House File 2496 as follows: 2 1. Page 35, by inserting after line 19 the 3 following: 4 "c. Beginning January 1, 1999, for each member who 5 retired from the system prior to July 1, 1986, the 6 amount of regular monthly retirement allowance 7 attributable to membership and prior service that was 8 payable to the member, or the beneficiary or 9 contingent annuitant of the member, for December 1998 10 shall be increased by fifteen percent. 11 d. Beginning January 1, 1999, for each member who 12 retired from the system on or after July 1, 1986, but 13 before July 1, 1990, the amount of regular monthly 14 retirement allowance attributable to membership and 15 prior service that was payable to the member, or the 16 beneficiary or contingent annuitant of the member, for 17 December 1998 shall be increased by seven percent." 18 2. By renumbering as necessary. Amendment H-8346 was adopted. Martin of Scott offered amendment H-8441 filed by her as follows: H-8441 1 Amend House File 2496 as follows: 2 1. Page 46, by inserting after line 32 the 3 following: 4 "Sec. 101. NEW SECTION. 97B.50A DISABILITY 5 BENEFITS FOR SPECIAL SERVICE MEMBERS. 6 1. DEFINITIONS. For purposes of this section, 7 unless the context otherwise provides, "member" means 8 a vested member who is classified as a special service 9 member under section 97B.1A, subsection 21, at the 10 time of the alleged disability. 11 2. IN-SERVICE DISABILITY RETIREMENT ALLOWANCE. 12 a. Effective July 1, 1999, a member who is injured 13 in the performance of the member's duties, and 14 otherwise meets the requirements of this subsection 15 shall receive an in-service disability retirement 16 allowance under the provisions of this subsection, in 17 lieu of a monthly retirement allowance as provided in 18 section 97B.49A, 97B.49B, 97B.49C, 97B.49D, or 19 97B.49G, as applicable, or benefits calculated as 20 provided in section 97B.50, subsection 2. 21 b. Upon application of a member, a member who has 22 become totally and permanently incapacitated for duty 23 in the member's special service occupation as the 24 natural and proximate result of an injury, disease, or 25 exposure occurring or aggravated while in the actual 26 performance of duty shall be eligible to retire under 27 this subsection, provided that the medical board shall 28 certify that the member is mentally or physically 29 incapacitated for further performance of duty, that 30 the incapacity is likely to be permanent, and that the 31 member should be retired. The department shall make 32 the final determination, based on the medical evidence 33 received, of a member's total and permanent 34 disability. However, if a person's membership in the 35 system first commenced on or after July 1, 1999, the 36 member shall not be eligible for benefits with respect 37 to a disability which would not exist, but for a 38 medical condition that was known to exist on the date 39 that membership commenced, or the fact that the member 40 used or smoked tobacco, tobacco products, or 41 cigarettes. 42 c. Disease under this subsection shall mean heart 43 disease or any disease of the lungs or respiratory 44 tract and shall be presumed to have been contracted 45 while on active duty as a result of strain, exposure, 46 or the inhalation of noxious fumes, poison, or gases. 47 However, if a person's membership in the system first 48 commenced on or after July 1, 1999, and the heart 49 disease or disease of the lungs or respiratory tract 50 would not exist, but for a medical condition that was Page 2 1 known to exist on the date that membership commenced, 2 or the fact that the member used or smoked tobacco, 3 tobacco products, or cigarettes, the presumption 4 established in this paragraph shall not apply. 5 d. Upon retirement for an in-service disability as 6 provided by this subsection, a member shall receive 7 the greatest of a monthly in-service disability 8 retirement allowance calculated under this subsection, 9 a monthly retirement allowance as provided in section 10 97B.49A, 97B.49B, 97B.49C, 97B.49D, or 97B.49G, as 11 applicable, or a disability retirement allowance 12 calculated under section 97B.50, subsection 2. The 13 monthly in-service disability allowance calculated 14 under this subsection shall consist of an allowance 15 equal to one-twelfth of sixty percent of the member's 16 three-year average covered wage or its actuarial 17 equivalent as provided under section 97B.51. 18 3. ORDINARY DISABILITY RETIREMENT ALLOWANCE. 19 a. Effective July 1, 1999, a member who otherwise 20 meets the requirements of this subsection shall 21 receive an ordinary disability retirement allowance 22 under the provisions of this subsection, in lieu of a 23 monthly retirement allowance as provided in section 24 97B.49A, 97B.49B, 97B.49C, 97B.49D, or 97B.49G, as 25 applicable, or benefits calculated as provided in 26 section 97B.50, subsection 2. 27 b. Upon application of a member, a member who has 28 become totally and permanently incapacitated for duty 29 in the member's special service occupation shall be 30 eligible to retire under this subsection, provided 31 that the medical board shall certify that the member 32 is mentally or physically incapacitated for further 33 performance of duty, that the incapacity is likely to 34 be permanent, and that the member should be retired. 35 The department shall make the final determination, 36 based on the medical evidence received, of a member's 37 total and permanent disability. However, if a 38 person's membership in the system first commenced on 39 or after July 1, 1999, the member shall not be 40 eligible for benefits with respect to a disability 41 which would not exist, but for a medical condition 42 that was known to exist on the date that membership 43 commenced, or the fact that the member used or smoked 44 tobacco, tobacco products, or cigarettes. 45 c. Upon retirement for an ordinary disability as 46 provided by this subsection, a member shall receive 47 the greatest of a monthly ordinary disability 48 retirement allowance calculated under this subsection, 49 a monthly retirement allowance as provided in section 50 97B.49A, 97B.49B, 97B.49C, 97B.49D, or 97B.49G, as Page 3 1 applicable, or a disability retirement allowance 2 calculated under section 97B.50, subsection 2. The 3 monthly ordinary disability allowance calculated under 4 this subsection shall consist of an allowance equal to 5 one-twelfth of fifty percent of the member's three- 6 year average covered wage or its actuarial equivalent 7 as provided under section 97B.51. 8 4. OFFSET TO ALLOWANCE. Notwithstanding any 9 provisions to the contrary in state law, or any 10 applicable contract or policy, any amounts which may 11 be paid or payable by the employer under the 12 provisions of any workers' compensation, unemployment 13 compensation, or other law to a member, and any 14 disability payments the member receives pursuant to 15 the federal Social Security Act, 42 U.S.C. "/g" 423 et. 16 seq., shall be offset against and payable in lieu of 17 any retirement allowance payable pursuant to this 18 section on account of the same disability. 19 5. REEXAMINATION OF MEMBERS RETIRED ON ACCOUNT OF 20 DISABILITY. 21 a. Once each year during the first five years 22 following the retirement of a member under this 23 section, and once in every three-year period 24 thereafter, the department may, and upon the member's 25 application shall, require any member receiving an in- 26 service or ordinary disability retirement allowance 27 who has not yet attained the age of fifty-five years 28 to undergo a medical examination as arranged by the 29 medical board. The examination shall be made by the 30 medical board or by an additional physician or 31 physicians designated by the board. If any member 32 receiving an in-service or ordinary disability 33 retirement allowance who has not attained the age of 34 fifty-five years refuses to submit to the medical 35 examination, the allowance may be discontinued until 36 the member's withdrawal of the refusal, and should the 37 member's refusal continue for one year, all rights in 38 and to the member's disability retirement allowance 39 shall be revoked by the department. 40 b. If a member is determined under paragraph "a" 41 to be no longer eligible for in-service or ordinary 42 disability benefits, all benefits paid under this 43 section shall cease. The member shall be eligible to 44 receive benefits calculated under section 97B.49B or 45 97B.49C, as applicable, when the member reaches age 46 fifty-five. 47 6. REEMPLOYMENT. 48 a. If a member receiving a disability retirement 49 allowance is returned to covered employment, the 50 member's disability retirement allowance shall cease, Page 4 1 the member shall again become an active member, and 2 shall contribute thereafter at the same rate payable 3 by similarly classified members. Upon subsequent 4 retirement, the member's retirement allowance shall be 5 calculated as provided in section 97B.48A. 6 b. Should a member who receives benefits under 7 this section, except a member who is sixty-five years 8 of age or over, be engaged in a gainful noncovered 9 occupation, the member's disability benefits payable 10 under this section for that calendar year shall be 11 reduced by fifty cents for every dollar the member 12 earns over the dollar amount determined under section 13 97B.48A, subsection 1. 14 7. DEATH BENEFITS. A member who is receiving an 15 in-service or ordinary disability retirement allowance 16 under this section shall be treated as having elected 17 a lifetime monthly retirement allowance with death 18 benefits payable under section 97B.52, subsection 2, 19 unless the member elects an optional form of benefit 20 provided under section 97B.51, which shall be 21 actuarially equivalent to the lifetime monthly 22 retirement allowance provided under this section. 23 8. MEDICAL BOARD. The system shall designate a 24 medical board to be composed of three physicians from 25 the university of Iowa hospitals and clinics who shall 26 arrange for and pass upon the medical examinations 27 required under the provisions of this section and 28 shall report in writing to the department the 29 conclusions and recommendations upon all matters duly 30 referred to the medical board. Each report of a 31 medical examination under this section shall include 32 the medical board's findings as to the extent of the 33 member's physical impairment. Except as required by 34 this section, each report shall be confidential and 35 shall be maintained in accordance with the federal 36 Americans with Disabilities Act, and any other state 37 or federal law containing requirements for 38 confidentiality of medical records. 39 9. LIABILITY OF THIRD PARTIES - SUBROGATION. 40 a. If a member receives an injury for which 41 benefits are payable under this section, and if the 42 injury is caused under circumstances creating a legal 43 liability for damages against a third party other than 44 the system, the member or the member's legal 45 representative may maintain an action for damages 46 against the third party. If a member or a member's 47 legal representative commences such an action, the 48 plaintiff member or representative shall serve a copy 49 of the original notice upon the system not less than 50 ten days before the trial of the action, but a failure Page 5 1 to serve the notice does not prejudice the rights of 2 the system, and the following rights and duties ensue: 3 (1) The system shall be indemnified out of the 4 recovery of damages to the extent of benefit payments 5 made by the system, with legal interest, except that 6 the plaintiff member's attorney fees may be first 7 allowed by the district court. 8 (2) The system has a lien on the damage claim 9 against the third party and on any judgment on the 10 damage claim for benefits for which the system is 11 liable. In order to continue and preserve the lien, 12 the system shall file a notice of the lien within 13 thirty days after receiving a copy of the original 14 notice in the office of the clerk of the district 15 court in which the action is filed. 16 b. If a member fails to bring an action for 17 damages against a third party within thirty days after 18 the system requests the member in writing to do so, 19 the system is subrogated to the rights of the member 20 and may maintain the action against the third party, 21 and may recover damages for the injury to the same 22 extent that the member may recover damages for the 23 injury. If the system recovers damages in the action, 24 the court shall enter judgment for distribution of the 25 recovery as follows: 26 (1) A sum sufficient to repay the system for the 27 amount of such benefits actually paid by the system up 28 to the time of the entering of the judgment. 29 (2) A sum sufficient to pay the system the present 30 worth, computed at the interest rate provided in 31 section 535.3 for court judgments and decrees, of the 32 future payments of such benefits, for which the system 33 is liable, but the sum is not a final adjudication of 34 the future payment which the member is entitled to 35 receive. 36 (3) Any balance shall be paid to the member. 37 c. Before a settlement is effective between a 38 system and a third party who is liable for any injury, 39 the member must consent in writing to the settlement; 40 and if the settlement is between the member and a 41 third party, the system must consent in writing to the 42 settlement; or on refusal to consent, in either case, 43 the district court in the county in which either the 44 employer of the member or the system is located must 45 consent in writing to the settlement. 46 d. For purposes of subrogation under this section, 47 a payment made to an injured member or the member's 48 legal representative, by or on behalf of a third party 49 or the third party's principal or agent, who is liable 50 for, connected with, or involved in causing the injury Page 6 1 to the member, shall be considered paid as damages 2 because the injury was caused under circumstances 3 creating a legal liability against the third party, 4 whether the payment is made under a covenant not to 5 sue, compromise settlement, denial of liability, or is 6 otherwise made. 7 10. A member retired under this section, in order 8 to be eligible for continued receipt of retirement 9 benefits, shall no later than May 15 of each year 10 submit to the department a copy of the member's 11 federal individual income tax return for the preceding 12 year, or any other documentation the department may 13 reasonably request which will provide information 14 needed to determine payments to the member under this 15 section. 16 11. The expenses incurred in the administration of 17 this section by the system shall be paid through 18 additional contributions as determined pursuant to 19 section 97B.49B, subsection 3, or section 97B.49C, 20 subsection 3, as applicable. 21 12. RULES. The department shall adopt rules 22 pursuant to chapter 17A specifying the application 23 procedure for members pursuant to this section." 24 2. Page 67, by inserting after line 35 the 25 following: 26 "Sec. 102. EFFECTIVE DATE. Section 101 of this 27 Act, creating new section 97B.50A, takes effect July 28 1, 1999." 29 3. Page 79, by striking lines 31 through 34 and 30 inserting the following: "each retirement system. 31 Consideration of benefit enhancements". 32 4. Page 79, line 35, by inserting after the word 33 "account" the following: "the availability of 34 enhanced disability benefits for members of each 35 retirement system under examination and". 36 5. Page 81, line 2, by striking the words and 37 figures "September 1, 2000" and inserting the 38 following: "November 2, 1998". 39 6. Page 81, line 10, by striking the words and 40 figure "3 and shall," and inserting the following: 41 "3." 42 7. Page 81, by striking lines 11 through 14. 43 8. By renumbering as necessary. Connors of Polk offered the following amendment H-8456, to amendment H-8441, filed by him from the floor and moved its adoption: H-8456 1 Amend the amendment, H-8441, to House File 2496 as 2 follows: 3 1. Page 1, by striking lines 39 through 41 and 4 inserting the following: "that membership commenced." 5 2. Page 2, line 1, by striking the word 6 "commenced," and inserting the following: 7 "commenced." 8 3. Page 2, by striking lines 2 through 4. 9 4. Page 2, by striking lines 43 and 44 and 10 inserting the following: "commenced." Amendment H-8456 was adopted. Martin of Scott moved the adoption of amendment H-8441, as amended. Amendment H-8441, as amended, was adopted. Mascher of Johnson offered amendment H-8400 filed by her as follows: H-8400 1 Amend House File 2496 as follows: 2 1. Page 50, by inserting after line 2 the 3 following: 4 "c. For a member whose first month of entitlement 5 is January 1999 or later, the member returns to 6 employment with a covered employer as a substitute 7 teacher after the member has qualified for no fewer 8 than three calendar months of retirement benefits." 9 2. Page 50, by inserting after line 2 the 10 following: 11 "Sec. ___. Section 97B.52A, subsection 2, Code 12 1997, is amended to read as follows: 13 2. A member may commence receiving retirement 14 benefits under this chapter upon satisfying 15 eligibility requirements. However, a retired member 16 who commences receiving a retirement allowance but 17 returns to employment beforequalifying for no fewer18than four calendar months of retirement benefits19 meeting the applicable requirement prescribed in 20 subsection 1 does not have a bona fide retirement and 21 any retirement allowance received by such a member 22 must be returned to the system together with interest 23 earned on the retirement allowance calculated at a 24 rate determined by the department. Until the member 25 has repaid the retirement allowance and interest, the 26 department may withhold any future retirement 27 allowance for which the member may qualify." 28 3. By renumbering as necessary. Mascher of Johnson offered the following amendment H-8442, to amendment H-8400, filed by her and moved its adoption: H-8442 1 Amend the amendment, H-8400, to House File 2496 as 2 follows: 3 1. Page 1, line 8, by after the word "benefits." 4 the following: "For purposes of this paragraph, 5 "substitute teacher" means a teacher who holds a 6 license as a substitute teacher and who is employed 7 and paid as a substitute teacher." Amendment H-8442 was adopted. Mascher of Johnson moved the adoption of amendment H-8400, as amended. A non-record roll call was requested. The ayes were 39, nays 47. Amendment H-8400 lost. Larkin of Lee offered amendment H-8365 filed by him as follows: H-8365 1 Amend House File 2496 as follows: 2 1. Page 69, by inserting after line 24 the 3 following: 4 "Sec. 101. STUDY OF INCLUSION OF ADJUNCT 5 INSTRUCTORS IN MEMBERSHIP OF THE IOWA PUBLIC 6 EMPLOYEES' RETIREMENT SYSTEM. The Iowa public 7 employees' retirement system division shall conduct a 8 study concerning the issue of whether adjunct 9 instructors employed by a community college or regents 10 university should be allowed to become members of the 11 Iowa public employees' retirement system. In 12 conducting its study, the division shall seek input 13 from affected employees and employers concerning the 14 possible inclusion of adjunct instructors in the 15 retirement system. On or before September 1, 2000, 16 the Iowa public employees' retirement system division 17 shall file a report with the legislative service 18 bureau, for distribution to the public retirement 19 systems committee, which contains its findings and 20 recommendations concerning this issue." 21 2. By renumbering as necessary. Larkin of Lee offered the following amendment H-8419, to amendment H-8365, filed by him and moved its adoption: H-8419 1 Amend the amendment, H-8365, to House File 2496 as 2 follows: 3 1. Page 1, line 15, by striking the figure "2000" 4 and inserting the following: "1999". Amendment H-8419 was adopted. Larkin of Lee moved the adoption of amendment H-8365, as amended. Amendment H-8365, as amended, was adopted. Martin of Scott offered the following amendment H-8435 filed by her and moved its adoption: H-8435 1 Amend House File 2496 as follows: 2 1. Page 75, line 24, by inserting after the word 3 "officer," the following: "city administrator,". Amendment H-8435 was adopted. Grundberg of Polk offered the following amendment H-8282 filed by her and moved its adoption: H-8282 1 Amend House File 2496 as follows: 2 1. Page 78, by inserting after line 34 the 3 following: 4 "Sec. ___. Section 294.12, Code 1997, is amended 5 by adding the following new unnumbered paragraph: 6 NEW UNNUMBERED PARAGRAPH. Notwithstanding the 7 provisions of this section, the plan provisions of a 8 pension and annuity retirement system of a school 9 district established under this chapter regarding the 10 determination and distribution of benefits upon 11 termination of the retirement system shall be 12 effective if the school district has received a 13 favorable determination letter from the federal 14 internal revenue service as to the qualified status of 15 such retirement system under applicable provisions of 16 the Internal Revenue Code." 17 2. By renumbering as necessary. Amendment H-8282 was adopted. Connors of Polk asked and received unanimous consent to reconsider amendment H-8435, previously adopted. Martin of Scott moved the adoption of amendment H-8435. A non-record roll call was requested. The ayes were 51, nays 39. Amendment H-8435 was adopted. Falck of Fayette asked for unanimous consent to suspend Rule 31.8, relating to the timely filing of amendments, for consideration of amendment H-8462, filed by him from the floor. Objection was raised. Martin 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. 2496) The ayes were, 98: 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 Ford 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 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 Rants, Presiding The nays were, none. Absent or not voting, 1: Holveck Under the provision of Rule 76, conflict of interest, Fallon 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. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 2496 be immediately messaged to the Senate. House File 2528, a bill for an act establishing a graduated driver's license for young drivers, making penalties applicable, creating an interim study committee, and including an applicability provision and an effective date, was taken up for consideration. Reynolds-Knight of Van Buren offered amendment H-8440 filed by her. Heaton of Henry requested division as follows: H-8440 1 Amend House File 2528 as follows: H-8440A 2 1. Page 1, line 32, by inserting after the word 3 "classroom" the following: "or laboratory". 4 2. Page 2, lines 24 and 25, by striking the words 5 "or a person certified by the department of 6 transportation". 7 3. Page 2, lines 27 and 28 by striking the words 8 "for certification of persons qualified to provide 9 street or highway driving instruction and". 10 4. Page 8, line 16, by inserting after the word 11 "education," the following: "a person certified by 12 the department,". 13 5. Page 9, line 14, by inserting after the word 14 "instructor," the following: "a person certified by 15 the department,". H-8440B 16 6. Page 18, line 4, by inserting after the word 17 "curriculum," the following: "certification of 18 persons by the department to provide classroom and 19 laboratory instruction,". 20 7. By renumbering as necessary. Veenstra of Sioux in the chair at 2:30 p.m. Reynolds-Knight of Van Buren moved the adoption of amendment H-8440A. Amendment H-8440A lost. Shoultz of Black Hawk asked and received unanimous consent that amendment H-8371 be deferred. Richardson of Warren offered amendment H-8433 filed by him as follows: H-8433 1 Amend House File 2528 as follows: 2 1. Page 3, line 25, by inserting after the figure 3 "299A.3" the following: "and who has completed a six- 4 hour driver's education instruction course approved by 5 the department". Richardson of Warren offered the following amendment H-8458, to amendment H-8433, filed by him from the floor and moved its adoption: H-8458 1 Amend the amendment, H-8433, to House File 2528 as 2 follows: 3 1. Page 1, by striking lines 2 through 5 and 4 inserting the following: 5 "___. Page 3, line 23, by striking the word 6 "and". 7 ___. Page 3, line 25, by inserting after the 8 figure "299A.3" the following: "and who has completed 9 a six-hour driver's education instruction course 10 approved by the department of education. The 11 department of education shall adopt rules pursuant to 12 chapter 17A to establish and administer the six-hour 13 driver's education instruction course"." 14 2. By renumbering as necessary. Amendment H-8458 was adopted. Richardson of Warren moved the adoption of amendment H-8433, as amended. A non-record roll call was requested. The ayes were 47, nays 49. Amendment H-8433 lost. Cohoon of Des Moines offered amendment H-8436 filed by him and Cormack of Webster as follows: H-8436 1 Amend House File 2528 as follows: 2 1. Page 3, line 25, by inserting after the figure 3 "299A.3" the following: "and who completes a driver's 4 education instruction course approved by the 5 department". Cohoon of Des Moines offered the following amendment H-8460, to amendment H-8436, filed by him and Cormack of Webster from the floor and moved its adoption: H-8460 1 Amend the amendment, H-8436, to House File 2528 as 2 follows: 3 1. Page 1, by striking lines 2 through 5 and 4 inserting the following: 5 "___. Page 3, line 23, by striking the word 6 "who". 7 ___. Page 3, line 25, by inserting after the 8 figure "299A.3" the following: ", and who completes a 9 driver's education instruction course established 10 pursuant to rule of and approved by the department of 11 education"." 12 2. By renumbering as necessary. Amendment H-8460 was adopted. Cohoon of Des Moines moved the adoption of amendment H-8436, as amended. A non-record roll call was requested. The ayes were 46, nays 50. Amendment H-8436 lost. Carroll of Poweshiek offered the following amendment H-8421 filed by him and moved its adoption: H-8421 1 Amend House File 2528 as follows: 2 1. Page 3, by inserting after line 34 the 3 following: 4 "d. Twenty minutes of instruction concerning 5 railroad crossing safety. 6 e. Instruction relating to becoming an organ donor 7 under the uniform anatomical gift Act." 8 2. Page 4, line 2, by inserting after the figure 9 "321.178." the following: "The department shall make 10 available to a teaching parent, upon request, a model 11 set of instruction materials relating to any 12 examination administered pursuant to section 321.186." Amendment H-8421 was adopted. Cormack of Webster offered the following amendment H-8288 filed by him and moved its adoption: H-8288 1 Amend House File 2528 as follows: 2 1. By striking page 3, line 9, through page 5, 3 line 10. 4 2. By renumbering as necessary. Roll call was requested by Schrader of Marion and Carroll of Poweshiek. Rule 75 was invoked. On the question "Shall amendment H-8288 be adopted?" (H.F. 2528) The ayes were, 55: Arnold Bell Bernau Bradley Brand Burnett Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Doderer Dotzler Drees Falck Foege Ford Frevert Gipp Gries Grundberg Heaton Holmes Holveck Jacobs Jenkins Jochum Kinzer Koenigs Larkin Martin Mascher May Metcalf Moreland Murphy Myers Nelson O'Brien Osterhaus Reynolds-Knight Richardson Schrader Shoultz Siegrist Taylor Thomas Van Fossen Warnstadt Weigel Whitead Wise The nays were, 45: Barry Blodgett Boddicker Boggess Brauns Brunkhorst Bukta Carroll Corbett, Spkr. Dix Dolecheck Drake Eddie Fallon Garman Greig Greiner Hahn Hansen Houser Huseman Huser Klemme Kreiman Kremer Lamberti Larson Lord Mertz Meyer Millage Mundie Rants Rayhons Scherrman Sukup Teig Thomson Tyrrell Van Maanen Vande Hoef Weidman Welter Witt Veenstra, Presiding Absent or not voting, none. Amendment H-8288 was adopted placing out of order amendment H-8421, previously adopted. Heaton of Henry offered the following amendment H-8367 filed by him and moved its adoption: H-8367 1 Amend House File 2528 as follows: 2 1. Page 9, lines 22 and 23, by striking the words 3 "vision screening, an advanced knowledge examination, 4 a driving demonstration,". 5 2. Page 9, line 25, by inserting after the figure 6 "321.178" the following: "or 321.178A". 7 3. Page 9, line 26, by inserting after the word 8 "issued." the following: "A person issued an 9 intermediate license must limit the number of 10 passengers in the motor vehicle when the intermediate 11 licensee is operating the motor vehicle to the number 12 of passenger safety belts." 13 4. Page 9, lines 30 and 31, by striking the words 14 "must limit the number of passengers in the motor 15 vehicle to the number of passenger safety belts and". 16 5. By renumbering as necessary. Amendment H-8367 was adopted. Richardson of Warren offered the following amendment H-8415 filed by him and moved its adoption: H-8415 1 Amend House File 2528 as follows: 2 1. Page 10, line 7, by inserting after the word 3 "driver." the following: "However, a licensee may 4 operate a vehicle to and from school-related 5 extracurricular activities and work without an 6 accompanying driver between the hours of twelve-thirty 7 a.m. and five a.m. if such licensee possesses a waiver 8 on a form to be provided by the department." A non-record roll call was requested. The ayes were 52, nays 34. Amendment H-8415 was adopted, placing amendment H-8443 filed by Kreiman of Davis on March 16, 1998, and amendment H-8461 filed by Richardson of Warren from the floor, out of order. Richardson of Warren asked and received unanimous consent to withdraw amendment H-8413 filed by him on March 16, 1998. Weidman of Cass offered the following amendment H-8416 filed by him and Lamberti of Polk and moved its adoption: H-8416 1 Amend House File 2528 as follows: 2 1. Page 10, by striking lines 10 through 16 and 3 inserting the following: "PERMIT OR INTERMEDIATE 4 LICENSE. A person who has been issued an instruction 5 permit under this section shall be subject to remedial 6 driver improvement action or suspension of the permit 7 upon conviction of a moving traffic violation or 8 involvement in a motor vehicle accident which occurred 9 during the term of the instruction permit. A person 10 who has been issued an intermediate license under this 11 section shall be subject to remedial driver 12 improvement action or suspension of the license upon 13 conviction of a moving traffic violation, other than a 14 conviction of a violation described in section 15 321.210, subsection 2, paragraph "d", or if the person 16 was involved in a motor vehicle accident which 17 occurred during the term of the license. A person 18 possessing an". 19 2. Page 10, line 24, by inserting after the word 20 "violation" the following: ", other than a conviction 21 of a violation described in section 321.210, 22 subsection 2, paragraph "d",". 23 3. Page 11, line 11, by inserting after the word 24 "fee." the following: "A conviction of a violation 25 described in section 321.210, subsection 2, paragraph 26 "d", does not apply to this subsection." 27 4. By renumbering as necessary. Amendment H-8416 was adopted. Lamberti of Polk asked and received unanimous consent to withdraw amendment H-8417 filed by him and Weidman of Cass on March 16, 1998. Eddie of Buena Vista offered the following amendment H-8386 filed by him and moved its adoption: H-8386 1 Amend House File 2528 as follows: 2 1. Page 12, line 32, by striking the words 3 "fourteenfifteen" and inserting the following: 4 "fourteen". Speaker pro tempore Van Maanen of Marion in the chair at 4:29 p.m. A non-record roll call was requested. Rule 75 was invoked. The ayes were 48, nays 49. Amendment H-8386 lost. Richardson of Warren asked and received unanimous consent to withdraw amendment H-8414 filed by him on March 16, 1998. Welter of Jones offered the following amendment H-8423 filed by him and moved its adoption: H-8423 1 Amend House File 2528 as follows: 2 1. Page 14, lines 19 and 20, by striking the 3 words "attached to the rear license plate" and 4 inserting the following: "affixed to the vehicle". Amendment H-8423 was adopted. Reynolds-Knight of Van Buren moved the adoption of amendment H-8440B. Amendment H-8440B was adopted. Schrader of Marion offered the following amendment H-8371, previously deferred, filed by him and moved its adoption: H-8371 1 Amend House File 2528 as follows: 2 1. Page 1, line 34, by inserting after the words 3 "at the" the following: "elementary or". Amendment H-8371 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. 2528) The ayes were, 69: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Bukta Carroll Chiodo Churchill Cohoon Connors Corbett, Spkr. Dinkla Dix Doderer Frevert Gipp Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huser Jacobs Jenkins Jochum Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Metcalf Millage Murphy Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Veenstra Warnstadt Weidman Weigel Welter Wise Witt The nays were, 31: Bernau Brunkhorst Burnett Cataldo Chapman Cormack Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Garman Greig Huseman Kinzer Klemme Mertz Meyer Moreland Mundie Myers Schrader Shoultz Taylor Vande Hoef Whitead Van Maanen, Presiding 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. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 2528 be immediately messaged to the Senate. MOTION TO RECONSIDER PREVAILED (House File 2482) Siegrist of Pottawattamie called up for consideration the motion to reconsider House File 2482 filed on March 11, 1998. Nelson of Marshall moved to reconsider the vote by which 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, passed the House and was placed on its last reading on March 11, 1998. A non-record roll call was requested. The ayes were 58, nays 3. The motion to reconsider prevailed, and House File 2482 was taken up for consideration placing the motion to reconsider filed by Schrader of Marion on March 11, 1998 out of order. Nelson of Marshall offered the following amendment H-8388 filed by her and Welter of Jones and moved its adoption: H-8388 1 Amend House File 2482, as follows: 2 1. Page 1, line 6, by inserting after the word 3 "property." the following: "This paragraph does not 4 apply to passage over a railroad right-of-way, other 5 than a track, railroad roadbed, viaduct, bridge, 6 trestle, or railroad yard, by an unarmed person if the 7 person has not been notified or requested to abstain 8 from entering on to the right-of-way or to vacate the 9 right-of-way and the passage over the right-of-way 10 does not interfere with the operation of the 11 railroad." Amendment H-8388 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, 79: Arnold Barry Bell Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Chapman Churchill Cohoon Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Drake Drees Eddie Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Huser Jacobs Jenkins Jochum Klemme Kreiman Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Rants Rayhons Reynolds-Knight Richardson Scherrman Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Welter Wise Witt Van Maanen, Presiding The nays were, 21: Bernau Boddicker Cataldo Chiodo Connors Dotzler Falck Fallon Foege Holveck Kinzer Koenigs Kremer Meyer Moreland Osterhaus Schrader Shoultz Taylor Weigel Whitead 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. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 2482 be immediately messaged to the Senate. House File 2005, a bill for an act relating to the voter approval of annexation and severance of territory to or from a city, with report of committee recommending amendment and passage, was taken up for consideration. Carroll of Poweshiek offered the following amendment H-8011 filed by the committee on local government: H-8011 1 Amend House File 2005 as follows: 2 1. Page 1, line 25, by inserting after the word 3 "it." the following: "However, if there are no 4 registered voters in the territory to be severed or 5 annexed, a special election on the proposal shall not 6 be conducted." 7 2. Page 1, by inserting after line 31 the 8 following: 9 "Sec. ___. EFFECTIVE DATE - APPLICABILITY. This 10 Act, being deemed of immediate importance, takes 11 effect upon enactment and applies to any special 12 election conducted pursuant to section 368.19 after 13 the effective date of this Act to approve or 14 disapprove a petition filed with the city development 15 board before the effective date of this Act." 16 3. Title page, line 2, by inserting after the 17 word "city" the following: "and providing effective 18 date and applicability provisions". Richardson of Warren offered the following amendment H-8017, to the committee amendment H-8011, filed by him and moved its adoption: H-8017 1 Amend the committee amendment, H-8011, to House 2 File 2005 as follows: 3 1. Page 1, line 14, by striking the words "filed 4 with" and inserting the following: "pending before". Amendment H-8017 was adopted. Carroll of Poweshiek moved the adoption of the committee amendment H-8011, as amended. The committee amendment H-8011, as amended, was adopted. Chapman of Linn offered the following amendment H-8437 filed by her and moved its adoption: H-8437 1 Amend House File 2005 as follows: 2 1. By striking everything after the enacting 3 clause and inserting the following: 4 "Section 1. NEW SECTION. 368.25 CITY SERVICES 5 FOR ANNEXED TERRITORY. 6 If a city fails to provide city services to the 7 territory involuntarily annexed within ten years after 8 the annexation procedures are completed, persons 9 residing within the annexed territory may file a 10 petition for severance with the city development board 11 pursuant to section 368.11." 12 2. Title page, by striking lines 1 and 2 and 13 inserting the following: "An Act relating to 14 severance of territory from a city." Amendment H-8437 lost. LEAVE OF ABSENCE Leave of absence was granted as follows: Wise of Lee, until his arrival, on request of Myers of Johnson. Jacobs of Polk offered the following amendment H-8448 filed by her and moved its adoption: H-8448 1 Amend House File 2005 as follows: 2 1. Page 1, by inserting before line 1 the 3 following: 4 "Section 1. Section 368.17, subsection 7, Code 5 1997, is amended by striking the subsection." A non-record roll call was requested. The ayes were 30, nays 52. Amendment H-8448 lost. Falck of Fayette offered amendment H-8230 filed by him as follows: H-8230 1 Amend House File 2005 as follows: 2 1. Page 1, line 14, by inserting after the word 3 "severance" the following: "by a city having a 4 population of thirty thousand or more". 5 2. Page 1, line 19, by inserting after the word 6 "severance" the following: "by a city having a 7 population of thirty thousand or more". 8 3. Page 1, line 25, by inserting after the word 9 "it." the following: "In a case of annexation or 10 severance by a city having a population of less than 11 thirty thousand, registered voters of the territory 12 and of the city may vote, and the proposal is 13 authorized if a majority of the total number of 14 persons voting approves it." Taylor of Linn offered the following amendment H-8474, to amendment H-8230, filed by him from the floor and moved its adoption: H-8474 1 Amend the amendment, H-8230, to House File 2005 as 2 follows: 3 1. Page 1, line 4, by striking the word "thirty" 4 and inserting the following: "five". 5 2. Page 1, line 7, by striking the word "thirty" 6 and inserting the following: "five". 7 3. Page 1, line 11, by striking the word "thirty" 8 and inserting the following: "five". Amendment H-8474 lost. Taylor of Linn offered the following amendment H-8475, to amendment H-8230, filed by him from the floor and moved its adoption: H-8475 1 Amend the amendment, H-8230, to House File 2005, as 2 follows: 3 1. Page 1, line 4, by striking the word "more" 4 and inserting the following: "less". 5 2. Page 1, line 7, by striking the word "more" 6 and inserting the following: "less". 7 3. Page 1, line 10, by striking the word "less" 8 and inserting the following: "more". Amendment H-8475 lost. Taylor of Linn offered the following amendment H-8476, to amendment H-8230, filed by him from the floor and moved its adoption: H-8476 1 Amend the amendment, H-8230, to House File 2005 as 2 follows: 3 1. Page 1, line 4, by striking the word "thirty" 4 and inserting the following: "ten". 5 2. Page 1, line 7, by striking the word "thirty" 6 and inserting the following: "ten". 7 3. Page 1, line 11, by striking the word "thirty" 8 and inserting the following: "ten". Amendment H-8476 lost. Taylor of Linn offered the following amendment H-8477, to amendment H-8230, filed by him from the floor and moved its adoption: H-8477 1 Amend the amendment, H-8230, to House File 2005 as 2 follows: 3 1. Page 1, by striking lines 3 and 4 and 4 inserting the following: ""severance" the following: 5 "by a city having a population of two hundred thousand 6 or more"." 7 2. Page 1, by striking lines 6 and 7 and 8 inserting the following: ""severance" the following: 9 "by a city having a population of two hundred thousand 10 or more"." 11 3. Page 1, by striking lines 10 and 11 and 12 inserting the following: "severance by a city having 13 a population of less than two hundred thousand, 14 registered voters of the territory". Amendment H-8477 lost. Falck of Fayette moved the adoption of amendment H-8230. Amendment H-8230 lost. Grundberg of Polk asked and received unanimous consent to withdraw amendment H-8438 filed by Grundberg, et al., on March 16, 1998. Blodgett of Cerro Gordo offered amendment H-8337 filed by him as follows: H-8337 1 Amend House File 2005 as follows: 2 1. Page 1, by striking lines 3 through 31 and 3 inserting the following: 4 "The committee shall approve or disapprove the 5 petition or plan as amended, within ninety days of the 6 final hearing, and shall file its decision for record 7 and promptly notify the parties to the proceeding of 8 its decision. If a petition or plan is approved, the 9 board shall set a date not less than thirty days nor 10 more than ninety days after approval for a special 11 election on the proposal and the county commissioner 12 of elections shall conduct the election. In a case of 13 incorporation or discontinuance, registered voters of 14 the territory or city may vote, and the proposal is 15 authorized if a majority of those voting approves it. 16 In a case of annexation or severance, registered 17 voters of the territory and of the city may vote, and 18 the proposal is authorized if a majority of the total 19 number of persons voting approves it. Taxes levied by 20 the annexing city, including property taxes, shall not 21 be due or collectible from property owners within the 22 annexed territory until all city services provided by 23 the annexing city including, but not limited to, 24 water, sewer, solid waste collection, and police and 25 fire protection are available to the annexed 26 territory. In addition, property owners in the 27 annexed territory shall receive a property tax credit 28 equal to the value of the potable wells and septic 29 tank systems that are rendered unnecessary with the 30 availability of city water and sewer services. In a 31 case of consolidation, registered voters of each city 32 to be consolidated may vote, and the proposal is 33 authorized only if it receives a favorable majority 34 vote in each city. The county commissioner of 35 elections shall publish notice of the election as 36 provided in section 49.53 and shall conduct the 37 election in the same manner as other special city 38 elections." 39 2. Title page, by striking lines 1 and 2 and 40 inserting the following: "An Act relating to the levy 41 of city taxes in a territory to be annexed and 42 reimbursement for displaced infrastructure." Carroll of Poweshiek offered the following amendment H-8409, to amendment H-8337, filed by Carroll, et al., and moved its adoption: H-8409 1 Amend the amendment, H-8337, to House File 2005 as 2 follows: 3 1. Page 1, line 16, by striking the words "or 4 severance" and inserting the following: "or5severance". 6 2. Page 1, by striking line 19 and inserting the 7 following: "number of persons residing in the 8 territory and voting approves it and if a majority of 9 the total number of persons residing in the city and 10 voting approves it. Taxes levied by". 11 3. Page 1, line 30, by inserting after the word 12 "services." the following: In case of severance, 13 registered voters of that area of the city to be 14 severed and of the remainder of the city may vote, and 15 the proposal is authorized if a majority of the total 16 number of persons residing in the area to be severed 17 and voting approves it and if a majority of the total 18 number of persons residing in the remainder of the 19 city and voting approves it." 20 4. Page 1, line 40, by inserting after the word 21 "to" the following: "voter approval of annexation and 22 severance to or from a city and". A non-record roll call was requested. The ayes were 50, nays 34. Amendment H-8409 was adopted. Doderer of Johnson offered the following amendment H-8479, to amendment H-8337, filed by her from the floor and moved its adoption: H-8479 1 Amend the amendment, H-8337, to House File 2005 as 2 follows: 3 1. Page 1, line 22, by striking the word "all" 4 and inserting the following: "each". 5 2. Page 1, line 22, by striking the word 6 "services" and inserting the following: "service". 7 3. Page 1, line 25, by striking the word "are" 8 and inserting the following: "is". 9 4. Page 1, line 26, by inserting after the word 10 "territory." the following: "The taxes and fees 11 collected by the annexing city shall reflect the 12 direct and indirect expenses related to the extension 13 of each city service." Amendment H-8479 was adopted. Blodgett of Cerro Gordo asked and received unanimous consent to withdraw amendment H-8337, as amended, filed by him on March 11, 1998. O'Brien of Boone offered the following amendment H-8145 filed by him and moved its adoption: H-8145 1 Amend House File 2005 as follows: 2 1. Page 1, by inserting after line 31 the 3 following: 4 "Sec. ___. Section 368.20, Code 1997, is amended 5 by adding the following new subsection: 6 NEW SECTION. 3. If an annexation election does 7 not favor annexation and the affected city provides 8 fire protection service to the territory involved in 9 the proposed annexation, any fire protection agreement 10 between the territory and the city shall provide that 11 a landowner within the city or the territory, based on 12 taxable valuations, shall pay the same proportion of 13 the costs of providing the fire protection." Amendment H-8145 lost. Amendment H-8453 filed by Chiodo of Polk from the floor, which would have required the suspension of Rule 31.8, relating to the timely filing of amendments was not brought up for consideration and therefor out of order. 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. 2005) The ayes were, 53: Barry Bernau Boddicker Boggess Brunkhorst Bukta Burnett Carroll Corbett, Spkr. Dix Dolecheck Drake Eddie Falck Fallon Garman Gipp Greig Greiner Gries Heaton Houser Huser Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larson Lord May Mertz Meyer Mundie Myers O'Brien Osterhaus Rayhons Reynolds-Knight Richardson Schrader Sukup Teig Thomas Tyrrell Vande Hoef Veenstra Weigel Welter Wise Witt Van Maanen, Presiding The nays were, 47: Arnold Bell Blodgett Bradley Brand Brauns Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Doderer Dotzler Drees Foege Ford Frevert Grundberg Hahn Hansen Holmes Holveck Huseman Jacobs Jenkins Jochum Larkin Martin Mascher Metcalf Millage Moreland Murphy Nelson Rants Scherrman Shoultz Siegrist Taylor Thomson Van Fossen Warnstadt Weidman Whitead 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. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 2005 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 17, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2363, a bill for an act relating to requests and hearings for correction and expungement of child abuse information. Also: That the Senate has on March 17, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2376, a bill for an act relating to the operation of the lottery and providing for multijurisdictional agreements. MARY PAT GUNDERSON, Secretary SENATE MESSAGE CONSIDERED Senate File 2363, by committee on human resources, a bill for an act relating to requests and hearings for correction and expungement of child abuse information. Read first time and referred to committee on human resources. HOUSE FILE 2511 REFERRED The Speaker announced that House File 2511, previously placed on the calendar was referred to committee on appropriations. EXPLANATION OF VOTE I was necessarily absent from the House chamber on March 17, 1998. Had I been present, I would have voted "aye" on House File 2496. HOLVECK of Polk BILLS SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on March 17, 1998, he approved and transmitted to the Secretary of State the following bills: House File 299, an act concerning drug and alcohol testing of private sector employees and prospective employees and providing remedies and an effective date. House File 2189, an act relating to the exemption of certain multiple employer welfare arrangements from regulation by the insurance division and providing an effective date. House File 2331, 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. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Sixty-six fifth grade students from Hillis Elementary School, Des Moines, accompanied by Mrs. Reaney, Mrs. Fastenau, and Mrs. Kerber. By Holveck of Polk. 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\282 Wubenna Rand, Missouri Valley - For celebrating her 95th birthday. 1998\283 Leeta and Lynn Grap, Persia - For celebrating their 50th wedding anniversary. 1998\284 Evelyn and Gerald Marshall, Missouri Valley - For celebrating their 50th wedding anniversary. 1998\285 Allan and Betty Waldemar, Elk Run Heights - For celebrating their 50th wedding anniversary. 1998\286 Luetta Klosterman, Edgewood - For celebrating her 93rd birthday. 1998\287 Marie Anderson, Ridgeway - For celebrating her 80th birthday. 1998\288 West Lyon Wildcats & Coach Brian Brands, West Lyon School District, Lyon County - For being the Siouxland Conference Champs and winning second place in the 2-A Division of the 1998 State Girls' Basketball Tournament. 1998\289 Douglas A. Horness, Story City - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1998\290 Mavis Grant, Preston - For celebrating her 97th birthday. 1998\291 Josh Henry, Dubuque - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1998\292 Lawrence and Arlene Fier, Maquoketa - For celebrating their 50th wedding anniversary. SUBCOMMITTEE ASSIGNMENTS House File 2500 Reassigned Appropriations: Grundberg, Chair; Nelson and Wise. House File 2524 Appropriations: Jacobs, Chair; Brunkhorst and Moreland. Senate File 295 Commerce and Regulation: Metcalf, Chair; Chapman and Jacobs. Senate File 2080 Environmental Protection: Drake, Chair; Boggess and Shoultz. Senate File 2161 Human Resources: Blodgett, Chair; Boddicker and Murphy. Senate File 2200 Local Government: Klemme, Chair; Mertz and Weidman. Senate File 2281 Judiciary: Lamberti, Chair; Larson and Moreland. Senate File 2312 Human Resources: Barry, Chair; Murphy and Van Maanen. Senate File 2313 Human Resources: Boddicker, Chair; Lamberti and Moreland. Senate File 2317 Transportation: Scherrman, Chair; Rayhons and Vande Hoef. Senate File 2325 Commerce and Regulation: Chapman, Chair; Dinkla and Holveck. Senate File 2332 Appropriations: Meyer, Chair; Greiner and Reynolds-Knight. Senate File 2345 Judiciary: Boddicker, Chair; Chapman and Lamberti. Senate File 2353 Education: Metcalf, Chair; Dolecheck and Foege. Senate File 2368 Commerce and Regulation: Bradley, Chair; Koenigs and Metcalf. Senate File 2369 Judiciary: Lamberti, Chair; Grundberg and Kreiman. Senate File 2371 Agriculture: Meyer, Chair; Greiner and Koenigs. Senate File 2374 Judiciary: Boddicker, Chair; Ford and Kremer. Senate File 2377 Judiciary: Larson, Chair; Dinkla and Holveck. Senate File 2384 Judiciary: Lamberti, Chair; Larson and Moreland. Senate File 2385 Judiciary: Dinkla, Chair; Doderer and Grundberg. Senate File 2387 Judiciary: Lamberti, Chair; Chapman and Sukup. Senate File 2392 Judiciary: Sukup, Chair; Bell and Veenstra. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 698 Ways and Means Relating to urban revitalization property tax exemptions for certain real property and providing for the Act's applicability. H.S.B. 699 Ways and Means Relating to the property valuation limitations for purposes of the assessment expense fund of a city or county and providing an applicability date. H.S.B. 700 Ways and Means Relating to the use tax exemption for vehicles used substantially in interstate commerce. 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 APPROPRIATIONS Senate File 2295, a bill for an act relating to and making appropriations for agriculture and natural resources and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-8454 March 17, 1998. COMMITTEE ON EDUCATION Senate File 2366, a bill for an act relating to the licensing and employment of practitioners and the school districts employing them, making appropriations, and including retroactive applicability and effective date provisions. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-8457 March 16, 1998. Pursuant to Rule 31.7, Senate File 2366 was referred to the committee on appropriations. Senate File 2406, a bill for an act establishing a school ready children grant program to be administered by community empowerment area boards and the Iowa empowerment board, making an appropriation, and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-8455 March 16, 1998. COMMITTEE ON STATE GOVERNMENT Senate File 2037, a bill for an act relating to the Iowa state fair convention by providing for its membership and the election of members to the Iowa state fair board. Fiscal Note is not required. Recommended Do Pass March 16, 1998. Senate File 2286, a bill for an act relating to cigarettes and tobacco products by restricting smoking of tobacco products in licensed child day care centers and registered group day care homes, by restricting advertising, and providing a penalty. Fiscal Note is not required. Recommended Do Pass March 16, 1998. Senate File 2308, a bill for an act concerning eligible alternative retirement benefit systems for community college employees. Fiscal Note is not required. Recommended Do Pass March 16, 1998. COMMITTEE ON WAYS AND MEANS Senate File 2288, a bill for an act relating to the sales and use tax on optional service or warranty contracts and to the sales and use tax exemption on certain computers, equipment, machinery, and fuel, relating to the definition of manufacturer for purposes of the exemption, and providing a retroactive applicability date. Fiscal Note is required. Recommended Do Pass March 16, 1998. Committee Bill (Formerly House File 2419), relating to eligible housing businesses qualifying for incentives and assistance in enterprise zones, providing additional incentives and assistance for approved eligible businesses located in an enterprise zone, and requiring consideration of building codes and zoning. Fiscal Note is not required. Recommended Amend and Do Pass March 16, 1998. AMENDMENTS FILED H-8452 H.F. 2475 Greiner of Washington Witt of Black Hawk H-8454 S.F. 2295 Committee on Appropriations H-8455 S.F. 2406 Committee on Education H-8457 S.F. 2366 Committee on Education H-8459 H.F. 2425 Fallon of Polk Boddicker of Cedar H-8463 H.F. 2498 Brunkhorst of Bremer Cataldo of Polk Chiodo of Polk Holmes of Scott H-8464 H.F. 2508 Vande Hoef of Osceola H-8465 S.F. 58 Dotzler of Black Hawk H-8466 S.F. 58 Dotzler of Black Hawk H-8467 S.F. 58 Dotzler of Black Hawk H-8468 S.F. 58 Warnstadt of Woodbury H-8469 S.F. 58 Houser of Pottawattamie H-8470 H.F. 2498 Chiodo of Polk H-8471 H.F. 2498 Brunkhorst of Bremer Cataldo of Polk H-8472 H.F. 2504 Moreland of Wapello H-8473 H.F. 2506 Hahn of Muscatine H-8478 S.F. 2320 Sukup of Franklin Garman of Story Klemme of Plymouth Fallon of Polk Brunkhorst of Bremer Witt of Black Hawk Richardson of Warren Veenstra of Sioux Grundberg of Polk H-8480 S.F. 2109 Richardson of Warren On motion by Siegrist of Pottawattamie, the House adjourned at 8:00 p.m., until 8:45 a.m., Wednesday, March 18, 1998.
| Previous Day: Monday, March 16 | Next Day: Wednesday, March 18 |
| Senate Journal: Index | House Journal: Index |
| Legislation: Index | Bill History: Index |
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
hjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Mar 18 13:40:03 CST 1998
URL: /DOCS/GA/77GA/Session.2/HJournal/Day/0317.html
jhf