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House Journal: Thursday, March 19, 1998

Sixty-seventh Calendar Day - Forty-sixth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Thursday, March 19, 1998
The House met pursuant to adjournment at 8:55 a.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by the Honorable Janet Metcalf, state
representative from Polk County.
The Journal of Wednesday, March 18, 1998 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Houser of Pottawattamie and Millage of Scott on request of
Siegrist of Pottawattamie.
INTRODUCTION OF BILL
House File 2538, by committee on ways and means, a bill for
an act 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.
Read first time and placed on the ways and means calendar.
SENATE MESSAGE CONSIDERED
Senate File 2390, by committee on natural resources and
environment, a bill for an act relating to the use of net
metering systems by certain facilities producing electrical
energy and providing an effective date.
Read first time and referred to committee on commerce and
regulation.

CONSIDERATION OF BILLS
Regular Calendar
House File 2495, a bill for an act relating to the conduct of
elections in the state, was taken up for consideration.
Richardson of Warren offered the following amendment H-8175
filed by him and moved its adoption:
H-8175

 1     Amend House File 2495 as follows:
 2     1.  Page 1, by inserting after line 7, the
 3   following:
 4     "Sec. ___.  Section 39.3, Code 1997, is amended by
 5   adding the following new subsection:
 6     NEW SUBSECTION.  8A.  "Mail ballot election" means
 7   an election conducted pursuant to chapter 49B."
 8     2.  Page 3, by inserting after line 6, the
 9   following:
10     "If the election is to be conducted as a mail
11   ballot election pursuant to chapter 49B, the
12   commissioner shall, not more than twenty days and not
13   less than four days before the date that ballots are
14   to be mailed, publish notice that a mail ballot
15   election will be conducted.  The commissioner is not
16   required to publish a sample mail ballot.  The notice
17   shall include all of the following information:
18     a.  The date ballots will be mailed.
19     b.  The last day that a voter can request an
20   absentee ballot.
21     c.  Voter registration deadlines.
22     d.  Location or locations where mail ballots can be
23   deposited pursuant to section 49B.14.
24     e.  Instructions for obtaining a replacement ballot
25   if a voter's ballot is destroyed, spoiled, lost, or
26   not received pursuant to section 49B.10."
27     3.  Page 3, line 12, by inserting after the figure
28   "49.81." the following:  "A person who has been sent a
29   mail ballot election ballot but for any reason has not
30   received it shall, in accordance with section 49B.10,
31   either be mailed another ballot or shall be permitted
32   to cast a ballot in person at the office of the county
33   commissioner."
34     4.  Page 3, by inserting after line 12 the
35   following:
36     "Sec. ___.  NEW SECTION.  49B.1  MAIL BALLOT
37   ELECTIONS.
38     An election shall not be conducted under this
39   chapter unless all of the following apply:
40     1.  The use of mail ballots for the election is
41   authorized pursuant to section 49B.5 or section 49B.6.
42     2.  The state commissioner of elections approves a
43   written plan for conduct of the election, which shall
44   include a written timetable for the conduct of the
45   election, submitted by the county commissioner.
46     3.  The election is nonpartisan.
47     4.  The election is not held on the same date as
48   another election in which registered voters of that
49   political subdivision are eligible to cast ballots.
50     5.  The election is one at which only the
Page 2  

 1   registered voters of one of the following political
 2   subdivisions are eligible to vote:
 3     a.  Counties.
 4     b.   Cities.
 5     c.   School districts.
 6     d.  Merged areas.
 7     e.  Benefited districts provided in chapters 357
 8   through 357G.
 9     Sec. ___.  NEW SECTION.  49B.2  DEFINITIONS.
10     As used in this chapter, unless the context
11   otherwise requires:
12     1.  "Election day" is the date established by law
13   on which a particular election would be held if that
14   election were being conducted by means other than a
15   mail ballot election.
16     2.  "Return verification envelope" means an
17   envelope that contains a secrecy envelope and which is
18   designed to allow election officials, upon examination
19   of the outside of the envelope, to determine that the
20   ballot is being submitted by someone who is in fact a
21   registered voter and who has not already voted.
22     3.  "Secrecy envelope" means an envelope used to
23   contain the elector's ballot and that is designed to
24   conceal the voter's vote and to prevent the voter's
25   ballot from being distinguished from the ballots of
26   other voters.
27     Sec. ___.  NEW SECTION.  49B.3  MAIL BALLOT
28   ELECTION PROCEDURE.
29     A mail ballot election shall be conducted
30   substantially as provided in this chapter.  The state
31   commissioner of elections shall prescribe uniform
32   procedures and forms to be used in the conduct of mail
33   ballot elections.
34     Sec. ___.  NEW SECTION.  49B.4  INITIATING A MAIL
35   BALLOT ELECTION.
36     A proposal to conduct an election under this
37   chapter may be initiated by either the appropriate
38   governing body or the county commissioner of elections
39   as provided in sections 49B.5 and 49B.6.
40     Sec. ___.  NEW SECTION.  49B.5  INITIATION BY
41   GOVERNING BODY.
42     1.  If the governing body of a political
43   subdivision determines that it is economically and
44   administratively feasible to conduct an election by
45   mail and the election meets the requirements of
46   section 49B.1, the governing body, by resolution, may
47   require the county commissioner of elections to
48   conduct the election under this chapter by filing the
49   resolution with the county commissioner not later than
50   seventy days before the date of the election.
Page 3

 1     2.  After the resolution is filed, the county
 2   commissioner shall prepare a written plan for conduct
 3   of the election as provided in section 49B.7.  At
 4   least sixty days prior to the date set for the
 5   election, the county commissioner shall forward a copy
 6   of the written plan to the governing body concerned.
 7     Sec. ___.  NEW SECTION.  49B.6  INITIATION BY
 8   COUNTY COMMISSIONER.
 9     1.  The county commissioner may conduct an election
10   which meets the requirements of section 49B.1 as a
11   mail ballot election if the county commissioner
12   determines it would be the most economically and
13   administratively feasible way of conducting the
14   election.
15     2.  If the county commissioner decides to conduct a
16   mail ballot election pursuant to subsection 1, the
17   county commissioner shall prepare a written plan for
18   conduct of the election as provided in section 49B.7.
19   At least sixty days prior to the date set for the
20   election, the county commissioner shall forward a copy
21   of the written plan to the governing body concerned,
22   together with a written statement informing the
23   governing body of the decision to conduct the election
24   by mail ballot and the reasons for the decision.
25     Sec. ___.  NEW SECTION.  49B.7  WRITTEN PLAN FOR
26   CONDUCT OF ELECTION - AMENDMENTS - APPROVAL
27   PROCEDURE.
28     1.  The county commissioner shall prepare a written
29   plan, including a timetable, for the conduct of a mail
30   ballot election and shall submit it to the state
31   commissioner of elections at least sixty days before
32   the date of the election.
33     2.  The plan may be amended by the county
34   commissioner any time before the fifty-fifth day
35   before the date of the election by notifying the state
36   commissioner of elections in writing of any changes.
37     3.  Within five days after receiving the plan, and
38   as soon as possible after receiving any amendments,
39   the state commissioner of elections shall approve,
40   disapprove, or recommend changes to the plan or
41   amendments.
42     4.  When the written plan has been approved, the
43   county commissioner shall proceed to conduct the
44   election according to the approved plan.
45     Sec. ___.  NEW SECTION.  49B.8  MAILING BALLOTS.
46     1.  Official ballots for a mail ballot election
47   shall be prepared and all other initial procedures for
48   elections shall be followed as otherwise provided by
49   law.
50     2.  The county commissioner of elections shall mail
Page 4

 1   an official ballot to every registered voter of the
 2   political subdivision conducting the election on a
 3   date not sooner than the twentieth day before the date
 4   of the election and not later than the tenth day
 5   before the date of the election.  An exception shall
 6   be made for those ballots delivered as prescribed in
 7   section 49B.13.
 8     3.  All ballots shall be mailed by first class
 9   mail.
10     4.  Ballots mailed by the county commissioner shall
11   be addressed to the address of each voter appearing in
12   the registration records of the political subdivision,
13   and placed in an envelope which is prominently marked
14   "Do Not Forward".
15     5.  The ballot shall contain the following warning:
16     "Any person who, by use of violence, threats of
17   violence, or any means of duress, procures the vote of
18   a voter for or against any measure or candidate is
19   subject, upon conviction, to imprisonment or to a
20   fine, or both."
21     Sec. ___.  NEW SECTION.  49B.9  REGISTRATION.
22     The county commissioner shall not mail a ballot
23   under this chapter to any voter not registered thirty
24   days before the date of the election.  Voters
25   registered after thirty days prior to the date of the
26   election, but prior to the close of registration, may
27   apply for a ballot under section 49B.10.
28     Sec. ___.  NEW SECTION.  49B.l0  REPLACEMENT
29   BALLOTS.
30     If the mail ballot is destroyed, spoiled, lost, or
31   not received by the voter, the voter may obtain a
32   replacement ballot from the county commissioner as
33   provided in this section.  A voter seeking a
34   replacement ballot shall sign a statement, on a form
35   prescribed by the state commissioner, that the ballot
36   was destroyed, spoiled, lost, or not received.  The
37   voter or the voter's designee shall deliver the
38   statement to the county commissioner before noon on
39   the date of the election.  The voter may mail the
40   statement to the county commissioner.  However, a
41   county commissioner shall not transmit a ballot by
42   mail under this section unless the statement is
43   received before five p.m. on the fourth day before the
44   date of the election.  When a statement is timely
45   received under this section, the county commissioner
46   shall give the ballot to the voter if the voter is
47   present in the office of the county commissioner, or
48   promptly mail the ballot to the voter at the address
49   contained in the statement, except when prohibited by
50   this section.  If the voter is present in the county
Page 5

 1   commissioner's office, the ballot shall be voted at
 2   that time.  The county commissioner shall keep a
 3   record of each replacement ballot provided under this
 4   section.  If a voter, having received and voted a
 5   replacement ballot as provided under this section,
 6   later finds the lost ballot, the voter shall return
 7   the lost ballot to the county commissioner.
 8     Sec. ___.  NEW SECTION.  49B.11  VOTING AND RETURN
 9   OF BALLOT.
10     1.  A registered voter, upon receipt of a mail
11   ballot, shall mark the ballot in such a manner that no
12   other person will know how the ballot is marked and
13   shall place it in the secrecy envelope provided with
14   the ballot and shall securely seal the secrecy
15   envelope.
16     A voter who is blind, cannot read, or because of a
17   physical disability is unable to mark the ballot, may
18   be assisted by any person selected by the voter.
19     2.  The voter shall then place the secrecy envelope
20   containing the ballot in the return verification
21   envelope and sign and securely seal the return
22   verification envelope.  The sealed return verification
23   envelope shall be returned to the county commissioner
24   by one of the following methods:
25     a.  The sealed return verification envelope may be
26   delivered by the registered voter or the voter's
27   designee to the county commissioner's office or a
28   place designated by the commissioner no later than the
29   time the polls close on election day.
30     b.  The sealed return verification envelope may be
31   mailed, postage paid, to the county commissioner.  In
32   order for the ballot to be counted, the return
33   verification envelope must be clearly postmarked by an
34   officially authorized postal service not later than
35   the day before the election and received by the county
36   commissioner not later than the time established for
37   the canvass by the board of supervisors for that
38   election.  The county commissioner shall contact the
39   post office serving the county commissioner's office
40   at the latest practical hour prior to the canvass by
41   the board of supervisors for that election, and shall
42   arrange for return verification envelopes received in
43   that post office but not yet delivered to the
44   commissioner's office to be brought to the
45   commissioner's office prior to the canvass for that
46   election by the board of supervisors.
47     Sec. ___.  NEW SECTION.  49B.12  ABSENTEE BALLOTS.
48     1.  A registered voter who will be absent from the
49   precinct during the time when the ballots are mailed
50   may do either of the following:
Page 6

 1     a.  Vote in person in the county commissioner's
 2   office as soon as ballots are available and until noon
 3   the day before the ballots are scheduled to be mailed.
 4     b.  Make a written request, signed by the voter and
 5   addressed to the county commissioner, that the ballot
 6   be mailed to an address other than that which appears
 7   on the voter's registration record.  Written requests
 8   shall be accepted until noon the day before the
 9   ballots are scheduled to be mailed.
10     2.  Ballots mailed to voters pursuant to this
11   section shall be mailed the same day that all other
12   ballots are mailed.
13     Sec. ___.  NEW SECTION.  49B.13  BALLOTING BY
14   CONFINED PERSONS.
15     A person who is a resident or patient in a health
16   care facility or hospital located in the county in
17   which the election is to be held shall not be mailed a
18   ballot but shall have a ballot delivered in the manner
19   prescribed by section 53.22, subsection 1.
20     Sec. ___.  NEW SECTION.  49B.14  PERSONAL DELIVERY
21   OF MAIL BALLOT - SATELLITE VOTING STATIONS.
22     Satellite voting stations for the deposit of mail
23   ballots shall be established throughout the cities and
24   county at the direction of the county commissioner or
25   upon receipt of a petition signed by not less than one
26   hundred eligible electors requesting that a satellite
27   voting station be established at a location to be
28   described in the petition.  A petition requesting a
29   satellite voting station must be filed no later than
30   five p.m. on the eleventh day before the election.  A
31   satellite voting station established at the direction
32   of the commissioner or by petition shall be open from
33   eight a.m. until five p.m. on the day of the election.
34     Sec. ___.  NEW SECTION.  49B.15  RECEIPT OF BALLOT
35   - SIGNATURE VERIFICATION.
36     When a mail ballot is returned, the county
37   commissioner, or the county commissioner's designees,
38   shall first qualify the submitted ballot by examining
39   the return verification envelope to determine whether
40   it is submitted by a registered voter who has not
41   previously voted.  A ballot shall be counted only if
42   it is returned in the return verification envelope,
43   the envelope is signed by the voter to whom the ballot
44   is issued, and the signature has been verified as
45   provided in this section.
46     The county commissioner or the county
47   commissioner's designees shall verify the signature of
48   each voter on the return verification envelope with
49   the signature in the voter's registration records and
50   may commence verification at any time before election
Page 7

 1   day.  If the county commissioner determines that a
 2   voter to whom a replacement ballot has been issued
 3   under section 49B.l0 has voted more than once, the
 4   county commissioner shall not count any ballot cast by
 5   the voter.
 6     If the voter's signature is verified and the ballot
 7   is otherwise valid, the county commissioner or the
 8   county commissioner's designees shall then deposit the
 9   ballot unopened in an official ballot box.
10     Sec. ___.  NEW SECTION.  49B.16  PROCEDURE FOR
11   INVALID BALLOTS.
12     If the county commissioner is not convinced that
13   the individual who signed the return verification
14   envelope is the voter whose name appears on the
15   registration card, the county commissioner shall not
16   validate the ballot but shall do all of the following:
17     1.  Give notice to the voter as follows:
18     a.  As soon as possible after receipt of a voter's
19   ballot, give notice to the voter, either by telephone
20   or by first class mail, if the county commissioner is
21   unable to verify the voter's signature.
22     b.  Inform the voter that the voter may appear in
23   person at the county commissioner's office prior to
24   the close of the polls on election day and verify the
25   signature.
26     2.  Permit any voter appearing pursuant to
27   subsection 1, paragraph "b", to:
28     a.  Verify the voter's signature, after proof of
29   identification, by affirming that the signature is in
30   fact the voter's or by completing a new registration
31   card containing the voter's current signature.
32     b.  If necessary, request and receive a replacement
33   ballot and vote at that time.
34     3.  If the discrepancy is not rectified to the
35   county commissioner's satisfaction, present the
36   unopened envelope and the registration card to the
37   special precinct election board for a determination.
38   If the election board is unable to resolve the issue
39   to its satisfaction, the ballot shall not be counted.
40     Sec. ___.  NEW SECTION.  49B.17  COUNTING BALLOTS.
41     Mail ballots shall be counted in the manner
42   prescribed by section 53.23.  The county commissioner
43   shall supervise the procedures for the handling,
44   counting, and canvassing of ballots to ensure the
45   safety and confidentiality of all ballots properly
46   cast.
47     Sec. ___.  NEW SECTION.  49B.18  CHALLENGES.
48     Votes cast pursuant to this chapter can be
49   challenged in the manner prescribed by sections 49.79
50   through 49.81, as applicable.
Page 8

 1     Sec. ___.  NEW SECTION.  49B.19  CANVASS OF VOTES.
 2     The provisions of chapter 50 relating to canvass of
 3   votes apply to this chapter only to the extent they do
 4   not conflict with this chapter.
 5     Sec. ___.  NEW SECTION.  49B.20  OTHER LAWS.
 6     All laws which apply to elections apply to mail
 7   ballot elections held under this chapter to the extent
 8   applicable.
 9     Sec. ___.  NEW SECTION.  49B.21  RULES.
10     The state commissioner of elections shall adopt
11   rules pursuant to chapter 17A to govern the procedures
12   and forms necessary to implement this chapter.  The
13   authority of the state commissioner to adopt rules
14   under this chapter shall be liberally construed.
15     Sec. ___.  NEW SECTION.  49B.22  MISCONDUCT -
16   VIOLATIONS - PENALTIES.
17     1.  A person who, by use of violence, threats of
18   violence, or any means of duress, procures or
19   endeavors to procure the vote of a voter for or
20   against any measure or candidate commits an aggravated
21   misdemeanor.
22     2.  A person who violates or attempts to violate
23   any provision or requirement of this chapter for which
24   a penalty is not otherwise provided commits a simple
25   misdemeanor."
26     5.  By renumbering as necessary.
A non-record roll call was requested.
The ayes were 33, nays 50.
Amendment H-8175 lost.

Churchill of Polk offered the following amendment H-8326 filed
by him and Bernau of Story and moved its adoption:

H-8326

 1     Amend House File 2495 as follows:
 2     1.  Page 1, by inserting after line 7 the
 3   following:
 4     "Sec. ___.  Section 39.5, unnumbered paragraph 2,
 5   Code Supplement 1997, is amended to read as follows:
 6     This section does not prohibit the governing body
 7   of a city or county from adopting an ordinance
 8   providing for elections on matters under the
 9   jurisdiction of the governing body.  Such elections
10   shall be of an advisory nature only and shall not be
11   binding on the governing body submitting the matter to
12   an election."
13     2.  Page 9, by striking lines 2 through 5.
14     3.  By renumbering as necessary.
Roll call was requested by Churchill of Polk and Fallon of Polk.
On the question "Shall amendment H-8326 be adopted?" (H.F. 2495)

The ayes were, 26:

Bernau 	Boddicker 	Bradley 	Brand 
Brunkhorst 	Bukta 	Cataldo	Chiodo 
Churchill 	Cormack 	Fallon 	Foege 
Ford 	Garman 	Huser 	Kreiman 
Larson 	Mertz 	Moreland 	O'Brien 
Reynolds-Knight 	Richardson 	Van Fossen 	Warnstadt 
Weigel 	Whitead 

The nays were, 72:

Arnold 	Barry 	Bell 	Blodgett 
Boggess 	Brauns 	Burnett 	Carroll 
Chapman 	Cohoon 	Connors 	Corbett, Spkr. 
Dinkla 	Dix 	Doderer 	Dolecheck 
Dotzler 	Drake 	Drees 	Eddie 
Falck 	Frevert 	Gipp 	Greig 
Greiner 	Gries 	Grundberg 	Hahn 
Hansen 	Heaton 	Holmes 	Holveck 
Huseman 	Jacobs 	Jenkins 	Jochum 
Kinzer	Klemme 	Koenigs 	Kremer 
Lamberti 	Larkin 	Lord 	Martin 
Mascher 	May 	Metcalf 	Meyer 
Mundie 	Murphy 	Myers 	Nelson 
Osterhaus 	Rants 	Rayhons 	Scherrman 
Schrader 	Shoultz 	Siegrist 	Sukup 
Taylor 	Teig 	Thomas 	Thomson 
Tyrrell 	Vande Hoef 	Veenstra 	Weidman 
Welter 	Wise 	Witt 	Van Maanen,
			  Presiding

Absent or not voting, 2:

Houser 	Millage 

Amendment H-8326 lost.
Sukup of Franklin offered the following amendment H-8174 filed
by him and moved its adoption:

H-8174

 1     Amend House File 2495 as follows:
 2     1.  Page 9, by inserting before line 6 the
 3   following:
 4     "Sec. ___.  EFFECTIVE DATE.  Section 14 of this
 5   Act, amending section 357G.9, being deemed of
 6   immediate importance, takes effect upon enactment."
 7     2.  By renumbering as necessary.
Amendment H-8174 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. 2495)

The ayes were, 82:

Arnold 	Barry 	Bell 	Blodgett 
Boddicker 	Boggess 	Bradley 	Brand
Brauns 	Burnett 	Carroll 	Cataldo 
Chapman 	Chiodo 	Cohoon 	Connors 
Corbett, Spkr.	Dinkla 	Dix 	Doderer 
Dolecheck 	Dotzler 	Drake 	Drees
Eddie 	Falck 	Foege 	Frevert 
Garman 	Gipp 	Greig 	Greiner 
Gries 	Grundberg 	Hahn 	Hansen 
Heaton 	Holmes 	Holveck 	Huseman 
Huser 	Jacobs 	Jenkins 	Jochum 
Klemme 	Koenigs 	Kremer 	Lamberti 
Larkin 	Larson 	Lord 	Martin 
Mascher 	May 	Metcalf 	Meyer 
Moreland 	Mundie 	Murphy 	Myers
Nelson 	O'Brien 	Osterhaus 	Rants 
Rayhons 	Richardson 	Scherrman 	Schrader 
Shoultz 	Siegrist 	Sukup 	Taylor 
Teig 	Thomas 	Tyrrell 	Vande Hoef 
Veenstra 	Weidman 	Welter 	Wise 
Witt 	Van Maanen,
	  Presiding

The nays were, 15:

Bernau 	Brunkhorst 	Bukta 	Churchill 
Cormack 	Fallon 	Ford 	Kinzer 
Kreiman 	Mertz 	Reynolds-Knight 	Van Fossen 
Warnstadt 	Weigel 	Whitead 

Absent or not voting, 3:

Houser 	Millage 	Thomson 

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 2495 be immediately messaged to the Senate.
House File 2286, a bill for an act creating the new criminal
offense of disarming a peace officer, was taken up for
consideration.
Boddicker of Cedar moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2286)

The ayes were, 96:

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

The nays were, none.

Absent or not voting, 4:

Houser 	Jacobs 	Millage 	Thomson 

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 2286 be immediately messaged to the Senate.
House File 2506, a bill for an act relating to the taking of
mussels from the waters of this state and providing an effective
date, was taken up for consideration.
Hahn of Muscatine offered amendment H-8473 filed by him as
follows:

H-8473

 1     Amend House File 2506 as follows:
 2     1.  Page 1, by inserting before line 1 the
 3   following:
 4     "Section 1.  Section 482.4, subsection 6,
 5   paragraphs h and i, Code 1997, are amended to read as
 6   follows:
 7     h.  Commercial mussel buyer, resident	$	  1,000.0 0
 8                                                          
1,050.00
 9     i.  Commercial mussel buyer, nonresident	 $	  5,000.0
0
10                                                          
	5,050.00"
Dotzler of Black Hawk offered amendment H-8489, to amendment
H-8473, filed by him as follows:

H-8489

 1     Amend the amendment, H-8473, to House File 2506 as
 2   follows:
 3     1.  Page 1, by inserting after line 10 the
 4   following:
 5     "___.  Page 2, line 1, by inserting after the word
 6   "mussels." the following:  "During the five-year
 7   study, notwithstanding section 482.12A, the minimum
 8   size limit on washboard mussel shall be five inches.""
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2506 be deferred and that the bill be placed on
the unfinished business calendar, with amendment H-8473 and the
amendment to the amendment H-8489 pending.

HOUSE FILES PLACED ON THE
UNFINISHED BUSINESS CALENDAR
Siegrist of Pottawattamie asked and received unanimous consent
that the following House Files be placed on the unfinished
business calendar:
	House File 2029	House File 2440
	House File 2101	House File 2447
	House File 2208	House File 2448
	House File 2216	House File 2467
	House File 2232	House File 2479
	House File 2259	House File 2481
	House File 2273	House File 2489
	House File 2327	House File 2491
	House File 2338	House File 2497
	House File 2352	House File 2503
	House File 2396	House File 2505
	House File 2401	House File 2515
	House File 2413	House File 2518
	House File 2439
Brunkhorst of Bremer asked and received unanimous consent that
House File 2498 be deferred and that the bill be placed on the
unfinished business calendar.
Grundberg of Polk asked and received unanimous consent that
House File 2533 be deferred and that the bill be placed on the
unfinished business calendar.
Vande Hoef of Osceola asked and received unanimous consent that
House File 2508 be deferred and that the bill be placed on the
unfinished business calendar.

HOUSE FILE 2330 REFERRED
The Speaker announced that House File 2330, previously placed on
the calendar was referred to committee on ways and means.
HOUSE FILE 2520 REFERRED
The Speaker announced that House File 2520, previously placed on
the calendar was referred to committee on appropriations.
BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports
that the following bill and resolution have been examined and
found correctly enrolled, signed by the Speaker of the House and
the President of the Senate, and presented to the Governor for
his approval on this 19th day of March, 1998: House Joint
Resolution 2004 and House File 2218.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on March 19, 1998, he approved and transmitted to the Secretary
of State the following bills:
Senate File 2279, an act relating to authorized investments by
insurance companies in obligations of foreign governments and
foreign corporations.
Senate File 2285, an act relating to anatomical gifts by
modifying certain qualification requirements for hospital
reimbursement grants and requiring submission of an annual
donation and compliance report.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Sixty eighth grade students from Dallas Center-Grimes Junior
High School, Grimes, accompanied by Bill Wineland. By Churchill
of Polk and Metcalf of Polk.
Sixty students from Underwood High School, Underwood,
accompanied by Nick Benzing, Gary Guttua, Julie Larsen, Tom
Pattee and Martha Swanson.  By Drake of Pottawattamie.
Twenty-four government students from Harmony High School,
Farmington, accompanied by Amy Morgan and Carol Mitchell.  By
Reynolds-Knight of Van Buren.
Seventy-five third grade students from Williamsburg, accompanied
by Mrs. Kirkpatrick, Mrs. Sandersfeld and Mrs. Maas.  By Tyrrell
of Iowa.
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\302	Adam Runge, Keokuk - For being named to the Southeast
Iowa Super Conference South Division Basketball First Team.
1998\303	Ivy Beaird, Keokuk - For being named to the Southeast
Iowa Super Conference South Division Basketball First Team.
1998\304	Stephanie Pillard, Keokuk - For being named to the Iowa
Basketball Coaches Association's 1998 Girls' Basketball Academic
All-State Team.
1998\305	Bruce Wilson, Indianola - For being named Iowa
Conference Men's Basketball Coach of the Year.
1998\306	Ervaline Brown, Des Moines - For celebrating her 100th
birthday on March 22.
1998\307	Joseph and Gloria Drop, Sioux City - For celebrating
their 50th wedding anniversary.
1998\308	Lou Spurgin, Donnellson - For being named Southeast
Iowa Super Conference Basketball Coach of the Year.
1998\309	Angie Schinstock, Donnellson - For being named to the
Southeast Iowa Super Conference West Division first team.
1998\310	Laura Freitag, Donnelson - For being named to the
Southeast Iowa Super Conference West Division first team.
1998\311	Blu Wahle, Neola - For winning the Class 1-A, 152 lbs.
division of the 1998 Iowa High School State Wrestling Tournament.
1998\312	Stacy Anthony, Harmony Community Schools, Farmington -
For receiving a Division I Rating in Biological Science at the
Eastern Iowa Science & Engineering Fair in Cedar Rapids on March
14, 1998.
1998\313	Blake Forsythe, Harmony Community Schools, Farmington -
For receiving the International Award in Physical Science at the
Eastern Iowa Science & Engineering Fair in Cedar Rapids on March
14, 1998.

SUBCOMMITTEE ASSIGNMENT

Senate File 2283

Commerce and Regulation: Hansen, Chair; Metcalf and Osterhaus. 
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 AGRICULTURE
Senate File 2371, a bill for an act relating to infectious and
contagious diseases affecting livestock and providing penalties.
Fiscal Note is not required.
Recommended Do Pass March 18, 1998.
COMMITTEE ON APPROPRIATIONS
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-8501 March 18,
1998.
COMMITTEE ON COMMERCE AND REGULATION
Senate File 295, a bill for an act relating to finance charges
upon refinancing and consolidation of debts involving consumer
credit transactions.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8506 March 18,
1998.
Senate File 2325, a bill for an act amending the Uniform
Securities Act, by regulating persons involved in managing
investments, providing for the administration of the securities
bureau, providing fees, and providing for penalties.
Fiscal Note is not required.
Recommended Do Pass March 18, 1998.
Senate File 2368, a bill for an act relating to the management
of public rights-of-way by local government units, eliminating
the power of cities to grant franchises to erect, maintain, and
operate plants and systems for telecommunications services
within the city, and providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8508 March 18,
1998.
Senate File 2380, a bill for an act relating to the election of
a local exchange carrier to be price-regulated.
Fiscal Note is not required.
Recommended Do Pass March 18, 1998.
COMMITTEE ON EDUCATION
Senate File 2348, a bill for an act relating to the locations at
which shared public school services may be made available to
nonpublic school students.
Fiscal Note is not required.
Recommended Do Pass March 18, 1998.
Senate File 2353, a bill for an act relating to an allocation of
state aid for purposes of school-based youth services programs.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8503 March 18,
1998.
COMMITTEE ON HUMAN RESOURCES
Senate File 2066, a bill for an act relating to child support
for a child completing high school graduation or equivalency
requirements.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8510 March 18,
1998.
Senate File 2161, a bill for an act relating to the reporting
and partner notification requirements relative to the human
immunodeficiency virus.
Fiscal Note is not required.
Recommended Do Pass March 18, 1998.
Senate File 2312, a bill for an act providing for child day care
requirements for volunteers and for the number of children
receiving care under the child care home pilot projects and
providing an effective date.
Fiscal Note is not required.
Recommended  Do Pass March 18, 1998.
Senate File 2313, a bill for an act relating to child support,
providing penalties, and providing effective dates.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8509 March 18,
1998.
Senate File 2363, a bill for an act relating to requests and
hearings for correction and expungement of child abuse
information.
Fiscal Note is required.
Recommended Do Pass March 18, 1998. 
COMMITTEE ON JUDICIARY
Senate File 490, a bill for an act relating to the consumer
fraud law by providing limited immunity from prosecution for
providing certain information, authorizing the attorney general
to commence an action related to telemarketing, and authorizing
the attorney general to establish and accept a civil penalty in
settlement of an investigation.
Fiscal Note is not required.
Recommended Do Pass March 17, 1998.
Senate File 2090, a bill for an act relating to compensation for
the legal defense of indigent persons in prison disciplinary
postconviction cases and providing an effective date and for
retroactive applicability.
Fiscal Note is not required.
Recommended Do Pass March 17, 1998.
Senate File 2224, a bill for an act requiring a court to order a
person convicted of domestic abuse assault to complete a
batterers' treatment program, and to hold such person in
contempt for failure to report for or complete treatment,
requiring related reporting of the status of treatment by the
judicial district department of correctional services, and
extending the pilot project for an alternative batterers'
treatment program.
Fiscal Note is not required.
Recommended Do Pass March 17, 1998.
Senate File 2225, a bill for an act to legalize the proceedings
of the board of directors of the Sigourney Community School
District to sell certain school district property and providing
effective and retroactive applicability dates.
Fiscal Note is not required.
Recommended Do Pass March 17, 1998.
Senate File 2259, a bill for an act relating to search warrant
applications.
Fiscal Note is not required.
Recommended Do Pass March 17, 1998. 
Senate File 2292, a bill for an act relating to the sex offender
registry and providing for the Act's applicability.
Fiscal Note is not required.
Recommended Do Pass March 17, 1998.
Senate File 2329, a bill for an act expanding the compensation
available from the crime victim compensation program to victims
of crime and their families.
Fiscal Note is not required.
Recommended Do Pass March 17, 1998.
Senate File 2330, a bill for an act relating to the filing of
civil litigation by prisoners and providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8512 March 17,
1998.
Senate File 2331, a bill for an act to provide for the sharing
of certain habilitative and treatment resources with the
department of human services.
Fiscal Note is not required.
Recommended Do Pass March 17, 1998.
Senate File 2337, a bill for an act to allow distribution of the
presentence investigation report under certain circumstances.
Fiscal Note is not required.
Recommended Do Pass March 17, 1998.
Senate File 2339, a bill for an act relating to an inmate's
right to counsel in a postconviction proceeding pertaining to a
forfeiture of a reduction in sentence or the unlawful holding of
a person in custody or restraint.
Fiscal Note is required.
Recommended Amend and Do Pass with amendment H-8511 March 17,
1998.
Senate File 2391, a bill for an act allowing probation for some
operating-while-intoxicated offenders after service of a
mandatory minimum sentence, permitting a .15 blood alcohol level
to control the penalties applicable to an offender regardless of
the margin of error associated with the test device, requiring
the deletion from motor vehicle records after twelve years of
certain youth license revocations for alcohol violations, and
providing an effective date.
Fiscal Note is not required.
Recommended Do Pass March 17, 1998.
COMMITTEE ON NATURAL RESOURCES
Senate File 187, a bill for an act relating to the issuance of
licenses and the imposition of fees for the fishing, trapping,
hunting, pursuing, catching, killing, or taking of wild animals,
birds, game, or fish, providing for other properly related
matters, and subjecting violators to existing penalties, and
providing effective and applicability dates
Fiscal Note is required.
Recommended Amend and Do Pass with amendment H-8505 March 18,
1998.
Senate File 347, a bill for an act relating to the disposal of
public nuisances seized by the department of natural resources.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8507 March 18,
1998.
COMMITTEE ON STATE GOVERNMENT
House File 2532, a bill for an act relating to the maximum value
of prizes awarded in raffles and certain games of skill and
chance.
Fiscal Note is not required.
Recommended Do Pass March 18, 1998. 
Senate File 2038, a bill for an act relating to disqualification
from voting or registering to vote for reasons of mental
incompetence.
Fiscal Note is not required.
Recommended Do Pass March 18, 1998.
Senate File 2160, a bill for an act establishing a state
protocol officer.
Fiscal Note is not required.
Recommended Do Pass March 18, 1998. 
Senate File 2170, a bill for an act relating to licensing
sanctions against individuals who default on debt owed to or
collected by the college student aid commission.
Fiscal Note is not required.
Recommended Do Pass March 18, 1998. 
Senate File 2198, a bill for an act relating to the development
of protocol to be used for international visitors.
Fiscal Note is not required.
Recommended Do Pass March 18, 1998.
Senate File 2269, a bill for an act providing for the conversion
of the existing advisory boards for athletic training and
massage therapy into full regulatory examining boards.
Fiscal Note is not required.
Recommended Do Pass March 18, 1998. 
Senate File 2356, a bill for an act relating to revolving funds
to be administered by the department of general services and
providing for funding for the revolving funds.
Fiscal Note is not required.
Recommended Do Pass March 18, 1998. 
Senate File 2376, a bill for an act relating to the operation of
the lottery.
Fiscal Note is not required.
Recommended Do Pass March 18, 1998.
RESOLUTION FILED
HCR 115, by Welter, a concurrent resolution relating to the
intent of the General Assembly regarding reauthorization of the
federal Intermodal Surface Transportation Efficiency Act of 1991
(ISTEA).
Laid over under Rule 25.
AMENDMENTS FILED

H-8498	S.F.	2295	Witt of Black Hawk
H-8499	S.F.	58	Witt of Black Hawk
H-8500	S.F.	58	Witt of Black Hawk
H-8501	S.F.	2366	Committee on Appropriations
H-8502	S.F.	2391	Kremer of Buchanan
H-8503	S.F.	2353	Committee on Education
H-8504	H.F.	2506	Hahn of Muscatine
H-8505	S.F.	187	Committee on Natural
				  Resources
H-8506	S.F.	295	Committee on Commerce and
				  Regulation
H-8507	S.F.	347	Committee on Natural
				  Resources
H-8508	S.F.	2368	Committee on Commerce and
				  Regulation
H-8509	S.F.	2313	Committee on Human
				  Resources
H-8510	S.F.	2066	Committee on Human
				  Resources
H-8511	S.F.	2339	Committee on Judiciary
H-8512	S.F.	2330	Committee on Judiciary
H-8513	S.F.	2295	Murphy of Dubuque
H-8514	S.F.	2295	Witt of Black Hawk
H-8515	S.F.	2023	Thomas of Clayton
H-8516	H.F.	2513	Doderer of Johnson
				Mascher of Johnson
				Chapman of Linn
				Koenigs of Mitchell
				Fallon of Polk
H-8517	S.F.	187	Dotzler of Black Hawk
H-8518	H.F.	2506	Burnett of Story
H-8519	S.F.	187	Myers of Johnson
H-8520	S.F.	2295	Greiner of Washington
H-8521	H.F.	2518	Boddicker of Cedar
H-8522	S.F.	2359	Boddicker of Cedar
H-8523	S.F.	2023	Murphy of Dubuque
H-8524	S.F.	187	Brauns of Muscatine
H-8525	H.F.	663	Holveck of Polk
H-8526	H.F.	663	Holveck of Polk
On motion by Siegrist of Pottawattamie, the House adjourned at
11:08 a.m., until 9:00 a.m., Friday, March 20, 1998.

© 1998 Cornell College and League of Women Voters of Iowa

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