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Seventy-second Calendar Day - Forty-ninth Session Day Hall of the House of Representatives Des Moines, Iowa, Tuesday, March 24, 1998 The House met pursuant to adjournment at 8:53 a.m., Speaker pro tempore Van Maanen of Marion in the chair. Prayer was offered by Reverend David Renfro, St. Paul Lutheran Church, Aurelia. The Journal of Monday, March 23, 1998 was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Holveck of Polk, until his arrival, on request of Taylor of Linn; Cormack of Webster on request of Gipp of Winneshiek. 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 23, 1998, adopted the following resolution in which the concurrence of the Senate was asked: House Concurrent Resolution 105, a concurrent resolution to designate March 29 of each year as Iowa State Flag Day. Also: That the Senate has on March 23, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2146, a bill for an act establishing Iowa State Flag Day. Also: That the Senate has on March 23, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 2169, a bill for an act raising the limit on the amount of assets subject to a conservatorship in cases where a private nonprofit corporation serves as conservator. Also: That the Senate has on March 23, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 2262, a bill for an act to permit out-of-state peace officers to act within this state pursuant to agreements between state or local authorities. Also: That the Senate has on March 23, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 2271, a bill for an act relating to obsolete and unnecessary provisions of the Code. Also: That the Senate has on March 23, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2317, a bill for an act relating to drainage districts, by providing for the maintenance, repair, or replacement of improvements within drainage districts. Also: That the Senate has on March 23, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2438, a bill for an act relating to the regulation of commercial feed. Also: That the Senate has on March 23, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2492, a bill for an act relating to drainage districts, by extending the period for financing repairs and improvements. Also: That the Senate has on March 23, 1998, adopted the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 109, a concurrent resolution to honor the memory of Jim Hancock. Also: That the Senate has on March 23, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2351, a bill for an act relating to the time for review of the reorganization of a public utility by the utilities board and providing an effective date. Also: That the Senate has on March 23, 1998, passed the following bill in which the concurrence of the House is asked: Senate File 2357, a bill for an act updating the Iowa Code references to the Internal Revenue Code, exempting certain preneed funeral trust income from taxation, revising the carryback and carryover periods for certain net operating losses, providing refunds, and providing an effective date and retroactive applicability dates. MARY PAT GUNDERSON, Secretary SENATE MESSAGES CONSIDERED Senate File 2365, by committee on ways and means, a bill for an act relating to the imposition of the sales and use tax on building materials, supplies, and equipment sold and used in the construction of facilities of rural water districts. Read first time and referred to committee on ways and means. Senate File 2407, by committee on ways and means, a bill for an act relating to the extension of the reduced excise tax imposed on motor fuel containing ethanol. Read first time and passed on file. REREFERRED TO COMMITTEE Siegrist of Pottawattamie asked and received unanimous consent that the following bills be rereferred to the committees as listed: House File 223 Natural Resources House File 358 Education House File 569 Natural Resources House File 663 Judiciary House File 679 Natural Resources House File 2024 Education House File 2026 Education House File 2035 Local Government House File 2089 Local Government House File 2167 Economic Development House File 2186 Human Resources House File 2219 Education House File 2283 Local Government House File 2425 Human Resources House File 2437 Education House File 2457 Judiciary House File 2466 Local Government House File 2470 Labor and Industrial Relations House File 2477 Judiciary House File 2486 Judiciary House File 2504 Judiciary House File 2507 Local Government House File 2509 Human Resources House File 2521 Transportation House File 2522 Human Resources House File 2532 State Government CONSIDERATION OF BILLS Unfinished Business Calendar House File 2439, a bill for an act relating to the allocation of cost-share moneys as financial incentives to encourage summer construction of permanent soil and water conservation practices, was taken up for consideration. SENATE FILE 2324 SUBSTITUTED FOR HOUSE FILE 2439 Rayhons of Hancock asked and received unanimous consent to substitute Senate File 2324 for House File 2439. Senate File 2324, a bill for an act relating to the allocation of cost-share moneys as financial incentives to encourage summer construction of permanent soil and water conservation practices, was taken up for consideration. Rayhons of Hancock 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?" (S.F. 2324) 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. Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas 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, 4: Cormack Holveck Houser Meyer The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 2439 WITHDRAWN Rayhons of Hancock asked and received unanimous consent to withdraw House File 2439 from further consideration by the House. House File 2489, a bill for an act establishing a state employee deferred compensation trust fund, was taken up for consideration. SENATE FILE 2350 SUBSTITUTED FOR HOUSE FILE 2489 Jacobs of Polk asked and received unanimous consent to substitute Senate File 2350 for House File 2489. Senate File 2350, a bill for an act establishing a state employee deferred compensation trust fund, was taken up for consideration. 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?" (S.F. 2350) 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. Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas 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, 4: Cormack Holveck Houser Meyer The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 2489 WITHDRAWN Jacobs of Polk asked and received unanimous consent to withdraw House File 2489 from further consideration by the House. House File 2505, a bill for an act relating to hepatitis type B immunizations of children and providing an applicability provision and an effective date, was taken up for consideration. Blodgett of Cerro Gordo offered the following amendment H-8251 filed by him and moved its adoption: H-8251 1 Amend House File 2505 as follows: 2 1. Page 1, by striking lines 11 and 12 and 3 inserting the following: "required of a child born on 4 or after July 1, 1994, prior to enrollment in school 5 in kindergarten or in any grade." Amendment H-8251 was adopted. SENATE FILE 2341 SUBSTITUTED FOR HOUSE FILE 2505 Blodgett of Cerro Gordo asked and received unanimous consent to substitute Senate File 2341 for House File 2505. Senate File 2341, a bill for an act relating to hepatitis type B immunizations of children and providing an applicability provision and an effective date, was taken up for consideration. 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?" (S.F. 2341) The ayes were, 94: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, 2: Fallon Garman Absent or not voting, 4: Cormack Holveck Houser Meyer The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 2505 WITHDRAWN Blodgett of Cerro Gordo asked and received unanimous consent to withdraw House File 2505 from further consideration by the House. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 2324, 2350 and 2341. House File 2503, a bill for an act relating to county vital statistics by providing for the issuance of marriage licenses and eliminating the fee for county birth registrations, was taken up for consideration. SENATE FILE 2367 SUBSTITUTED FOR HOUSE FILE 2503 Welter of Jones asked and received unanimous consent to substitute Senate File 2367 for House File 2503. Senate File 2367, a bill for an act relating to county vital statistics by providing for the issuance of marriage licenses and eliminating the fee for county birth registrations, was taken up for consideration. Welter of Jones 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?" (S.F. 2367) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, 1: Rants Absent or not voting, 4: Cormack Holveck Houser Meyer The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 2503 WITHDRAWN Welter of Jones asked and received unanimous consent to withdraw House File 2503 from further consideration by the House. House File 2448, a bill for an act relating to the operation and regulation of banks and making technical corrections, was taken up for consideration. SENATE FILE 2301 SUBSTITUTED FOR HOUSE FILE 2448 Churchill of Polk asked and received unanimous consent to substitute Senate File 2301 for House File 2448. Senate File 2301, a bill for an act relating to the operation and regulation of banks and making technical corrections, was taken up for consideration. Churchill 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?" (S.F. 2301) The ayes were, 94: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Gries Grundberg Hahn Hansen Heaton Holmes Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas 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, 6: Chapman Cormack Greiner Holveck Houser Meyer The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 2448 WITHDRAWN Churchill of Polk asked and received unanimous consent to withdraw House File 2448 from further consideration by the House. Regular Calendar 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, with report of committee recommending passage, was taken up for consideration. Millage of Scott moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2090) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 5: Churchill Cormack Holveck Houser Meyer 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: Senate Files 2367, 2301 and 2090. Unfinished Business Calendar Senate File 2338, a bill for an act relating to the entities responsible for assisting in international adoptions, with report of committee recommending amendment and passage, was taken up for consideration. Carroll of Poweshiek offered amendment H-8490 filed by the committee on human resources and requested division as follows: H-8490 1 Amend Senate File 2338 as passed by the Senate, as 2 follows: H-8490A 3 1. Page 1, by inserting before line 1, the 4 following: 5 "Section 1. NEW SECTION. 600.12A DEATH OF PERSON 6 TO BE ADOPTED - FINAL ADOPTION DECREE. 7 If the person to be adopted dies prior to issuance 8 of a final adoption decree, the court may waive the 9 minimum residence requirements pursuant to section 10 600.10, proceed to the adoption hearing, and issue a 11 final adoption decree establishing the parent-child 12 relationship between the adoption petitioner and the 13 deceased person pursuant to section 600.13." H-8490B 14 2. Page 1, by striking line 23 and inserting the 15 following: "defined in section 238.2, a person making 16 an independent placement as defined in section 600A.2, 17 or an". H-8490A 18 3. Title page, line 1, by inserting after the 19 word "to" the following: "adoption, including 20 establishing provisions for adoptions in which the 21 person to be adopted dies prior to the issuance of a 22 final adoption decree and including provisions 23 relating to". 24 4. By renumbering as necessary. Carroll of Poweshiek asked and received unanimous consent to withdraw the committee amendment H-8490A. Carroll of Poweshiek moved the adoption of the committee amendment H-8490B. The committee amendment H-8490B was adopted. Carroll of Poweshiek offered the following amendment H-8556 filed by him and Kreiman of Davis and moved its adoption: H-8556 1 Amend Senate File 2338, as passed by the Senate, as 2 follows: 3 1. Page 1, by inserting before line 1, the 4 following: 5 "Section 1. NEW SECTION. 600.12A DEATH OF PERSON 6 TO BE ADOPTED - PROCESS FOR FINAL ADOPTION DECREE. 7 1. If the person to be adopted dies following the 8 filing of an adoption petition pursuant to section 9 600.3, but prior to issuance of a final adoption 10 decree pursuant to section 600.13, the court may waive 11 any investigations and reports required pursuant to 12 section 600.8 that remain uncompleted, waive the 13 minimum residence requirements pursuant to section 14 600.10, proceed to the adoption hearing, and issue a 15 final adoption decree, unless any person to whom 16 notice is to be provided pursuant to section 600.11 17 objects to the adoption. 18 2. A final adoption decree issued pursuant to this 19 section terminates any parental rights existing prior 20 to the time of its issuance and establishes the 21 parent-child relationship between the adoption 22 petitioner and the person adopted. However, the final 23 adoption decree does not confer any rights on the 24 adoption petitioner to the estate of the adopted 25 person and does not confer any rights on the adopted 26 person to the estate of the adoption petitioner." 27 2. Page 1, by inserting after line 35 the 28 following: 29 "Sec. ___. EFFECTIVE DATE. Section 1, creating 30 section 600.12A, being deemed of immediate importance, 31 takes effect upon enactment." 32 3. Title page, line 1, by inserting after the 33 word "to" the following: "adoptions including the 34 process for adoption of a deceased person and relating 35 to". 36 4. Title page, line 2, by inserting after the 37 word "adoptions" the following: "and providing an 38 effective date". 39 5. By renumbering as necessary. Amendment H-8556 was adopted. 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?" (S.F. 2338) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf 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, 5: Cormack Holveck Houser Meyer Millage The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. House File 2352, a bill for an act relating to the prohibition of sex acts between juveniles and employees and agents at juvenile placement facilities and providing a penalty, was taken up for consideration. Grundberg of Polk asked and received unanimous consent to withdraw amendment H-8445 filed by her on March 16, 1998. Grundberg of Polk offered the following amendment H-8570 filed by her and moved its adoption: H-8570 1 Amend House File 2352 as follows: 2 1. Page 1, by inserting after line 14 the 3 following: 4 "3. An officer, employee, contractor, vendor, 5 volunteer, or agent of a county who engages in a sex 6 act with a prisoner incarcerated in a county jail, 7 commits an aggravated misdemeanor." 8 2. By renumbering as necessary. Amendment H-8570 was adopted. SENATE FILE 2335 SUBSTITUTED FOR HOUSE FILE 2352 Grundberg of Polk asked and received unanimous consent to substitute Senate File 2335 for House File 2352. Senate File 2335, a bill for an act relating to the prohibition of sex acts between juveniles and employees and agents at juvenile placement facilities and providing a penalty, was taken up for consideration. Grundberg of Polk asked and received unanimous consent to withdraw amendment H-8439 filed by her on March 16, 1998. Grundberg of Polk offered the following amendment H-8597 filed by her and moved its adoption: H-8597 1 Amend Senate File 2335, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by inserting after line 14 the 4 following: 5 "For purposes of this subsection, a "juvenile 6 placement facility" means any of the following: 7 a. A child foster care facility licensed under 8 section 237.4. 9 b. Institutions controlled by the department of 10 human services listed in section 218.1. 11 c. Juvenile detention and juvenile shelter care 12 homes approved under section 232.142. 13 d. Psychiatric medical institutions for children 14 licensed under chapter 135H. 15 e. Substance abuse facilities as defined in 16 section 125.2." 17 2. Title page, line 2, by inserting after the 18 word "facilities" the following: "and between 19 prisoners incarcerated in a county jail and employees 20 or agents of a county". 21 3. By renumbering as necessary. Amendment H-8597 was adopted. Speaker Corbett in the chair at 9:50 a.m. Grundberg 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?" (S.F. 2335) The ayes were, 96: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 4: Cormack Holveck Houser Meyer The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. HOUSE FILE 2352 WITHDRAWN Grundberg of Polk asked and received unanimous consent to withdraw House File 2352 from further consideration by the House. HOUSE FILE 2309 WITHDRAWN Shoultz of Black Hawk asked and received unanimous consent to withdraw House File 2309 from further consideration by the House. House File 2338, a bill for an act concerning judicial administration, was taken up for consideration. SENATE FILE 2235 SUBSTITUTED FOR HOUSE FILE 2338 Dinkla of Guthrie asked and received unanimous consent to substitute Senate File 2235 for House File 2338. Senate File 2235, a bill for an act concerning judicial administration, was taken up for consideration. Lamberti of Polk offered the following amendment H-8278 filed by him and moved its adoption: H-8278 1 Amend Senate File 2235, as passed by the Senate, as 2 follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 101. Section 2B.5, subsection 2, Code 6 1997, is amended to read as follows: 7 2. Cause the Iowa court rules to be published, as 8 directed by the supreme court after consultation with 9 the legislative council. The Iowa court rules shall 10 consist of all rules prescribed by the supreme court. 11 The court rules shall be published in loose-leaf form, 12appropriately indexed,and supplements shall be 13 prepared and distributed as directed by the supreme 14 court. The Iowa court rules and supplements to the 15 court rules shall be priced as provided in section 16 7A.22. 17 Sec. 102. Section 2B.10, subsection 3, Code 1997, 18 is amended by striking the subsection." 19 2. Page 2, by inserting after line 30 the 20 following: 21 "Sec. 103. Section 602.4102, subsections 3 and 5, 22 Code 1997, are amended to read as follows: 23 3. The supreme court shall prescribe rules for the 24 transfer of matters to the court of appeals. These 25 rules may provide for the selective transfer of 26 individual cases and may provide for the transfer of 27 cases according to subject matter or other general 28 criteria.Rules relating to the transfer of cases are29subject to section 602.4202.A rule shall not provide 30 for the transfer of a matter other than by an order of 31 transfer under subsection 2. 32 5. The supreme court shall prescribe rules of 33 appellate procedure which shall govern further review 34 by the supreme court of decisions of the court of 35 appeals. These rules shall contain, but need not be 36 limited to, a specification of the grounds upon which 37 further review may, in the discretion of the supreme 38 court, be granted.These rules are subject to section39602.4202.40 Sec. 104. Section 602.4201, Code 1997, is amended 41 to read as follows: 42 602.4201 RULES GOVERNING ACTIONS AND PROCEEDINGS. 43 1. The supreme court may prescribe all rules of 44 pleading, practice, evidence, and procedure, and the 45 forms of process, writs, and notices, for all 46 proceedings in all courts of this state, for the 47 purposes of simplifying the proceedings and promoting 48 the speedy determination of litigation upon its 49 merits.Rules are subject to section 602.4202.50 2. Rules of appellate procedure relating to Page 2 1 appeals to and review by the supreme court, 2 discretionary review by the courts of small claims 3 actions, review by the supreme court by writ of 4 certiorari to inferior courts, appeal to or review by 5 the court of appeals of a matter transferred to that 6 court by the supreme court, and further review by the 7 supreme court of decisions of the court of appeals, 8 shall be known as "Rules of Appellate Procedure", and 9 shall be published as provided in section 2B.5. 10 3. The following rules are subject to section 11 602.4202: 12 a. Rules of civil procedure. 13 b. Rules of criminal procedure. 14 c. Rules of evidence. 15 d. Rules of appellate procedure 1 through 9. 16 e. Rules of probate procedure. 17 f. Juvenile procedure. 18 g. Involuntary hospitalization of mentally ill. 19 h. Involuntary commitment or treatment of 20 substance abusers. 21 Sec. 105. Section 602.4202, Code 1997, is amended 22 to read as follows: 23 602.4202 RULEMAKING PROCEDURE. 24 1. The supreme court shall submit a rule or form 25 prescribed by the supreme court under section 26 602.4201, subsection 3, or pursuant to any other 27 rulemaking authority specifically made subject to this 28 section to the legislative council and shall at the 29 same time report the rule or form to the chairpersons 30 and ranking members of the senate and house committees 31 on judiciary. The legislative service bureau shall 32 make recommendations to the supreme court on the 33 proper style and format of rules and forms required to 34 be submitted to the legislative council under this 35 subsection. 36 2. A rule or form submitted as required under 37 subsection 1 takes effect sixty days after submission 38 to the legislative council, or at a later date 39 specified by the supreme court, unless the legislative 40 council, within sixty days after submission and by a 41 majority vote of its members, delays the effective 42 date of the rule or form to a date as provided in 43 subsection 3. 44 3. The effective date of a rule or form submitted 45 during the period of time beginning February 15 and 46 ending February 14 of the next calendar year may be 47 delayed by the legislative council until May 1 of that 48 next calendar year. 494. A rule or form submitted as required under50subsection 1 and effective on or before July 1 shallPage 3 1be bound with the Acts of the general assembly meeting2in regular session in the calendar year in which the3July 1 falls.45.4. If the general assembly enacts a bill 5 changing a rule or form, the general assembly's 6 enactment supersedes a conflicting provision in the 7 rule or form as submitted by the supreme court. 8 Sec. 106. Section 602.4303, subsection 2, Code 9 1997, is amended by striking the subsection." 10 3. Page 4, by inserting after line 32 the 11 following: 12 "Sec. 107. Section 684A.6, Code 1997, is amended 13 to read as follows: 14 684A.6 PROCEDURE. 15 The supreme court may prescribe rules of procedure 16 concerning the answering and certification of 17 questions of law under this chapter, subject to18section 602.4202. 19 Sec. 108. Section 101 through 108 of this Act, 20 being deemed of immediate importance, take effect upon 21 enactment." 22 4. Title page, line 1, by inserting after the 23 word "administration" the following: "and providing 24 an effective date". 25 5. By renumbering as necessary. Amendment H-8278 was adopted. Dix of Butler offered the following amendment H-8580 filed by him and moved its adoption: H-8580 1 Amend Senate File 2235, as passed by the Senate, as 2 follows: 3 1. Page 4, by inserting after line 32 the 4 following: 5 "Sec. ___. Section 804.21, subsection 3, Code 6 1997, is amended to read as follows: 7 3. If the magistrate who issued the warrant is 8 absent or unable to act, the arrested person shall be 9 taken to the nearest or most accessible magistrate in 10 the judicial district where the offense occurred or a 11 magistrate in an approved judicial district, and all 12 documents on which the warrant was issued must be sent 13 to such magistrate, or if they cannot be procured, the 14 informant and the informant's witnesses must be 15 subpoenaed to make new affidavits. For purposes of 16 this subsection, an "approved judicial district" 17 means, as to any particular arrest of a person 18 described in this subsection, any judicial district in 19 this state in which the chief judge of that judicial 20 district and the chief judge of the judicial district 21 in which the offense occurred have previously entered 22 an order permitting a person arrested or described in 23 this subsection to be taken to a magistrate from any 24 judicial district subject to the order. 25 Sec. ___. Section 804.22, unnumbered paragraph 1, 26 Code 1997, is amended to read as follows: 27 When an arrest is made without a warrant, the 28 person arrested shall, without unnecessary delay, be 29 taken before the nearest or most accessible magistrate 30 in the judicial district in which such arrest was made 31 or before a magistrate in an approved judicial 32 district, and the grounds on which the arrest was made 33 shall be stated to the magistrate by complaint, 34 subscribed and sworn to by the complainant, or 35 supported by the complainant's affirmation, and such 36 magistrate shall proceed as follows: 37 Sec. ___. Section 804.22, Code 1997, is amended by 38 adding the following new unnumbered paragraph: 39 NEW UNNUMBERED PARAGRAPH. For purposes of this 40 section, an "approved judicial district" means, as to 41 any particular arrest of a person made without a 42 warrant, any judicial district in this state in which 43 the chief judge of that judicial district and the 44 chief judge of the judicial district in which the 45 arrest was made have previously entered an order 46 permitting a person arrested without warrant to be 47 taken to a magistrate from any judicial district 48 subject to the order." 49 2. By renumbering as necessary. Amendment H-8580 was adopted. Dinkla of Guthrie moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2235) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 5: Cormack Holveck Houser Meyer Thomson The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. HOUSE FILE 2338 WITHDRAWN Dinkla of Guthrie asked and received unanimous consent to withdraw House File 2338 from further consideration by the House. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 2338, 2335 and 2235. House File 2101, a bill for an act relating to gambling by imposing a moratorium on the number and types of gambling games and slot machines authorized in this state and on new licenses to conduct gambling on excursion gambling boats, and by limiting the location of new excursion gambling boat operations, was taken up for consideration. Martin of Scott asked and received unanimous consent to suspend the rules for the immediate consideration of amendment H-8565. Martin of Scott offered the following amendment H-8565 filed by her and moved its adoption: H-8565 1 Amend House File 2101 as follows: 2 1. By striking everything after the enacting 3 clause and inserting the following: 4 "Section 1. Section 99D.11, subsection 7, Code 5 1997, is amended to read as follows: 6 7. A person under the age of twenty-one years 7 shall not make or attempt to make a pari-mutuel wager. 8 A person who violates this subsection commits a 9 scheduled violation under section 805.8, subsection 10 13. 11 Sec. 2. Section 99E.18, Code 1997, is amended by 12 adding the following new subsection: 13 NEW SUBSECTION. 5. A person under the age of 14 twenty-one years shall not purchase or attempt to 15 purchase a ticket or share. A person who violates 16 this subsection commits a scheduled violation under 17 section 805.8, subsection 13. 18 Sec. 3. Section 99F.4A, Code 1997, is amended by 19 adding the following new subsection: 20 NEW SUBSECTION. 8. The total number of licenses 21 to conduct gambling games at pari-mutuel racetracks 22 pursuant to subsection 2 shall not exceed three until 23 July 1, 2003. 24 Sec. 4. NEW SECTION. 99F.5A MORATORIUM FOR 25 ISSUANCE OF LICENSES FOR EXCURSION GAMBLING BOATS. 26 1. The total number of licenses issued to conduct 27 gambling games on excursion gambling boats pursuant to 28 this chapter shall not exceed ten until July 1, 2003. 29 2. Notwithstanding subsection 1, the following 30 actions may be taken during the moratorium from July 31 1, 1998, until July 1, 2003, with the approval of the 32 commission: 33 a. A licensed excursion gambling boat may move to 34 a new location within the same county. 35 b. A licensed excursion gambling boat and its 36 facilities may be sold and a new license may be issued 37 for operation in the same county. 38 c. If a license to conduct gambling games on an 39 excursion gambling boat is surrendered, not renewed, 40 or revoked, a new license may be issued for operation 41 in the same county. 42 Sec. 5. Section 99F.7, subsection 1, Code 1997, is 43 amended to read as follows: 44 1. If the commission is satisfied that this 45 chapter and its rules adopted under this chapter 46 applicable to licensees have been or will be complied 47 with, the commission shall issue a license for a 48 period of not more than three years to an applicant to 49 own a gambling game operation and to an applicant to 50 operate an excursion gambling boat. The commission Page 2 1 shall decide which of the gambling games authorized 2 under this chapter it will permit. The commission 3 shall decide the number, location, and type of 4 excursion gambling boats licensed under this chapter 5 for operation on the rivers, lakes, and reservoirs of 6 this state. However, after July 1, 2003, the 7 commission shall issue a new license for an excursion 8 gambling boat operation only if the excursion gambling 9 boat operates on the Mississippi or Missouri river. 10 The license shall set forth the name of the licensee, 11 the type of license granted, the place where the 12 excursion gambling boats will operate and dock, and 13 the time and number of days during the excursion 14 season and the off season when gambling may be 15 conducted by the licensee. The commission shall not 16 allow a licensee to conduct gambling games on an 17 excursion gambling boat while docked during the off 18 season if the licensee does not operate gambling 19 excursions for a minimum number of days during the 20 excursion season. The commission may delay the 21 commencement of the excursion season at the request of 22 a licensee. 23 Sec. 6. Section 99F.9, subsection 5, Code 1997, is 24 amended to read as follows: 25 5. A person under the age of twenty-one years 26 shall not attempt to make or make a wager on an 27 excursion gambling boat or in a racetrack enclosure 28 and shall notbe allowed inenter the area of the 29 excursion gambling boat or racetrack enclosure where 30 gambling is being conducted. However, a person 31 eighteen years of age or older may be employed to work 32in a gambling areaon an excursion gambling boat or a 33 racetrack enclosure. A person who violates this 34 subsection with respect to a wager commits a scheduled 35 violation under section 805.8, subsection 13. 36 Sec. 7. Section 99F.9, Code l997, is amended by 37 adding the following new subsection: 38 NEW SUBSECTION. 7. A licensee shall not permit 39 the operation of a satellite terminal as defined in 40 section 527.2 to dispense cash or credit for gambling 41 purposes on an excursion gambling boat or within a 42 racetrack enclosure except in nongaming areas as 43 designated by the commission. The commission may 44 assess a civil penalty for a violation of this 45 subsection. 46 Sec. 8. Section 805.8, Code Supplement 1997, is 47 amended by adding the following new subsection: 48 NEW SUBSECTION. 13. GAMBLING VIOLATIONS. For 49 violations of legal age for gambling or pari-mutuel 50 wagering under section 99D.11, subsection 7, section Page 3 1 99E.18, subsection 5, or section 99F.9, subsection 5, 2 the scheduled fine is one hundred dollars. Failure to 3 pay the fine by a person under the age of eighteen 4 shall not result in the person being detained in a 5 secure facility." 6 2. Title page, by striking lines 1 through 5 and 7 inserting the following: "An Act relating to gambling 8 by imposing a moratorium on new licenses to conduct 9 gambling on excursion gambling boats and at pari- 10 mutuel racetracks with gambling games, limiting the 11 location of future excursion gambling boats, 12 prohibiting gambling licensees from allowing the 13 loaning of money by credit card or other electronic 14 means for gambling purposes, and imposing a scheduled 15 fine for gambling by persons under twenty-one years of 16 age." Amendment H-8565 was adopted. SENATE FILE 2320 SUBSTITUTED FOR HOUSE FILE 2101 Martin of Scott asked and received unanimous consent to substitute Senate File 2320 for House File 2101. Senate File 2320, a bill for an act relating to gambling by imposing a moratorium on new licenses to conduct gambling on excursion gambling boats and at pari-mutuel racetracks with gambling games, limiting the location of future excursion gambling boats, prohibiting gambling licensees from allowing the loaning of money by credit card or other electronic means for gambling purposes, and imposing a scheduled fine for gambling by persons under twenty-one years of age, was taken up for consideration. Sukup of Franklin offered the following amendment H-8478 filed by Sukup, et al., and moved its adoption: H-8478 1 Amend Senate File 2320 as follows: 2 1. Page 1, by inserting before line 1 the 3 following: 4 "Section 1. Section 99D.9, subsection 6, Code 5 1997, is amended to read as follows: 6 6. A licenseemayshall not loan to any person 7 money or any other thing of value or permit a 8 financial institution, vendor, or other person to loan 9 money on the licensed premises on the basis of a 10 credit card or similar instrument in person or through 11 an electronic or mechanical device including but not 12 limited to a satellite terminal as defined in section 13 527.2 for the purpose of permitting that person to 14 wager on any race. The use of a check or a debit card 15 with overdraft protection is not prohibited by this 16 subsection." 17 2. Page 2, by inserting after line 25 the 18 following: 19 "Sec. ___. Section 99F.7, subsection 9, Code 1997, 20 is amended to read as follows: 21 9. A licensee shall not loan to any person money 22 or any other thing of value or permit a financial 23 institution, vendor, or other person to loan money on 24 the licensed premises on the basis of a credit card or 25 similar instrument in person or through an electronic 26 or mechanical device including but not limited to a 27 satellite terminal as defined in section 527.2 for the 28 purpose of permitting that person to wager on any game 29 of chance. The use of a check or a debit card with 30 overdraft protection is not prohibited by this 31 subsection." 32 3. Page 3, by striking lines 3 through 11. 33 4. By renumbering as necessary. Amendment H-8478 was adopted. Chiodo of Polk asked and received unanimous consent that amendment H-8447 be deferred. Churchill of Polk asked and received unanimous consent that amendment H-8563 be deferred. Van Maanen of Marion asked and received unanimous consent that amendment H-8481 be deferred. Jacobs of Polk offered amendment H-8555 filed by her and Chiodo of Polk as follows: H-8555 1 Amend Senate File 2320, as passed by the Senate, as 2 follows: 3 1. Page 1, line 28, by inserting after the word 4 "boat" the following: "or a pari-mutuel racetrack". Huser of Polk rose on a point of order that amendment H-8555 was not germane. The Speaker ruled the point not well taken and amendment H-8555 germane. Jacobs of Polk moved the adoption of amendment H-8555. A non-record roll call was requested. The ayes were 32, nays 44. Amendment H-8555 lost. Chiodo of Polk asked and received unanimous consent that amendment H-8537 be deferred. Chiodo of Polk asked and received unanimous consent to withdraw amendment H-8538 filed by him on March 23,1998. Churchill of Polk asked and received unanimous consent that amendment H-8562 be deferred. Rants of Woodbury asked and received unanimous consent to withdraw amendment H-8497 filed by him and Garman of Story on March 18, 1998. Taylor of Linn offered amendment H-8606 filed by him from the floor as follows: H-8606 1 Amend Senate File 2320, as passed by the Senate, as 2 follows: 3 1. Page 1, by inserting after line 17 the 4 following: 5 "Sec. ___. Section 99F.4A, Code 1997, is amended 6 by adding the following new subsection: 7 NEW SUBSECTION. 9. If a license issued pursuant 8 to this chapter or chapter 99D is transferred, an 9 existing collective bargaining agreement or the impact 10 of an employee representation election shall transfer 11 to the new licensee." Martin of Scott rose on a point of order that amendment H-8606 was not germane. The Speaker ruled the point not well taken and amendment H-8606 germane. Taylor of Linn moved the adoption of amendment H-8606. Roll call was requested by Schrader of Marion and Taylor of Linn. On the question "Shall amendment H-8606 be adopted?" (S.F. 2320) The ayes were, 57: Bell Bernau Bradley Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege Ford Frevert Garman Holveck Huser Jochum Kinzer Koenigs Kreiman Kremer Lamberti Larkin Mascher May Mertz Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Taylor Thomas Van Fossen Warnstadt Weigel Whitead Wise Witt The nays were, 38: Arnold Barry Blodgett Boddicker Brauns Brunkhorst Carroll Churchill Dinkla Dix Eddie Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Huseman Jacobs Jenkins Klemme Larson Lord Martin Metcalf Rayhons Sukup Teig Thomson Tyrrell Van Maanen Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 5: Boggess Cormack Houser Meyer Vande Hoef Amendment H-8606 was adopted. Chiodo of Polk asked and received unanimous consent to withdraw amendment H-8447 filed by him on March 16, 1998. Churchill of Polk asked and received unanimous consent to withdraw amendment H-8563 filed by Churchill, et al., on March 23, 1998. Van Maanen of Marion offered amendment H-8481, previously deferred, filed by him and Witt of Black Hawk as follows: H-8481 1 Amend Senate File 2320, as passed by the Senate, as 2 follows: 3 1. Page 1, line 24, by striking the word and 4 figures "July 1, 1998," and inserting the following: 5 "the effective date of this Act". 6 2. Page 1, by inserting after line 33 the 7 following: 8 "___. During the moratorium from the effective 9 date of this Act, until July 1, 2003, the commission 10 shall not authorize any of the following: 11 a. An increase in the number or type of gambling 12 games or the number of slot machines on excursion 13 gambling boats. 14 b. A number of slot machines at a pari-mutuel 15 racetrack which is greater than the number authorized 16 on or before the effective date of this Act." 17 3. Page 3, by inserting after line 20 the 18 following: 19 "Sec. ___. EFFECTIVE DATE. This Act, being deemed 20 of immediate importance, takes effect upon enactment." 21 4. Title page, line 8, by inserting after the 22 word "age" the following: ", and providing an 23 effective date". Van Maanen of Marion offered the following amendment H-8603, to amendment H-8481, filed by him from the floor and moved its adoption: H-8603 1 Amend the amendment, H-8481, to Senate File 2320, 2 as passed, by the Senate, as follows: 3 1. Page 1, by inserting after line 2 the 4 following: 5 " . Page 1, line 17, by inserting after the 6 figure "2003." the following: "The commission shall 7 authorize a licensee to conduct gambling games 8 pursuant to this chapter at one licensed premises 9 only."" Amendment H-8603 was adopted. Shoultz of Black Hawk asked and received unanimous consent to withdraw amendment H-8604, to amendment H-8481, filed by him from the floor. Cataldo of Polk asked and received unanimous consent to withdraw amendment H-8605, to amendment H-8481, filed by him from the floor. Shoultz of Black Hawk offered amendment H-8608, to amendment H-8481, filed by him from the floor as follows: H-8608 1 Amend the amendment, H-8481, to Senate File 2320, 2 as passed by the Senate, as follows: 3 1. Page 1, by inserting after line 2 the 4 following: 5 " . Page 1, line 17, by striking the word 6 "three" and inserting the following: "four". 7 . Page 1, line 17, by inserting after the 8 figure "2003." the following: "If a fourth license is 9 issued, the commission shall set the number of slot 10 machines authorized for the licensee and the number 11 shall not be subject to the limitation specified in 12 section 99F.5A."" Witt of Black Hawk rose on a point of order that amendment H-8608 was not germane. The Speaker ruled the point not well taken and amendment H-8608 germane. Shoultz of Black Hawk moved the adoption of amendment H-8608, to amendment H-8481. Amendment H-8608 lost. Larkin of Lee rose on a point of order that amendment H-8481, as amended, was not germane. The Speaker ruled the point well taken and amendment H-8481, as amended, not germane. Van Maanen of Marion asked for unanimous consent to suspend the rules to consider amendment H-8481, as amended. Objection was raised. Van Maanen of Marion moved to suspend the rules to consider amendment H-8481, as amended. A non-record roll call was requested. The ayes were 51, nays 24. The motion prevailed and the rules were suspended. Van Maanen of Marion moved the adoption of amendment H-8481, as amended. Amendment H-8481, as amended, was adopted. Churchill of Polk offered the following amendment H-8562 filed by Churchill, et al., and moved its adoption: H-8562 1 Amend Senate File 2320, as passed by the Senate, as 2 follows: 3 1. Page 3, by inserting after line 11 the 4 following: 5 "Sec. ___. Section 99F.15, Code 1997, is amended 6 by adding the following new subsection: 7 NEW SUBSECTION. 7. A person who is employed at an 8 excursion gambling boat facility or a pari-mutuel 9 racetrack enclosure shall not wager or gamble at the 10 gambling facility or enclosure at which the person is 11 employed. A person violating the subsection is guilty 12 of a simple misdemeanor." 13 2. Title page, line 6, by inserting after the 14 word "purposes," the following: "prohibiting employee 15 gambling and providing a penalty,". Amendment H-8562 was adopted. Chiodo of Polk asked and received unanimous consent to withdraw amendment H-8537 filed by him on March 23, 1998. MOTION TO RECONSIDER PREVAILED Heaton of Henry called up for consideration the motion to reconsider amendment H-8555 (found on page 889 of the House Journal) to Senate File 2320, filed by him from the floor, and moved to reconsider the vote by which amendment H-8555 failed to be adopted. A non-record roll call was requested. The ayes were 46, nays 40. The motion prevailed and the House reconsidered amendment H-8555. Jacobs of Polk moved the adoption of amendment H-8555. A non-record roll call was requested. The ayes were 41, nays 18. Amendment H-8555 was adopted. 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?" (S.F. 2320) The ayes were, 97: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors 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 Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas 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, 3: Cormack Houser Meyer The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. HOUSE FILE 2101 WITHDRAWN Martin of Scott asked and received unanimous consent to withdraw House File 2101 from further consideration by the House. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 2320 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 24, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2339, a bill for an act relating to limits on coverage of the remedial account of the Iowa comprehensive petroleum underground storage tank fund, the minimum copayment provisions in regard to the remedial account, and creating a no further action fund. Also: That the Senate has on March 24, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2490, a bill for an act relating to the administration of the insurance account of the comprehensive petroleum underground storage tank fund, creating an underground storage tank insurance board, an underground storage tank insurance fund, and transferring assets and liabilities of the insurance account of the comprehensive petroleum underground storage tank fund. Also: That the Senate has on March 24, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2192, a bill for an act relating to motor vehicle damage disclosure statements. MARY PAT GUNDERSON, Secretary SENATE MESSAGES CONSIDERED Senate File 2351, by committee on commerce, a bill for an act relating to the time for review of the reorganization of a public utility by the utilities board and providing an effective date. Read first time and passed on file. Senate File 2357, by committee on ways and means, a bill for an act updating the Iowa Code references to the Internal Revenue Code, exempting certain preneed funeral trust income from taxation, revising the carryback and carryover periods for certain net operating losses, providing refunds, and providing an effective date and retroactive applicability dates. Read first time and passed on file. On motion by Siegrist of Pottawattamie, the House was recessed at 12:48 p.m., until 1:45 p.m. AFTERNOON SESSION The House reconvened at 1:55 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 seventy-one members present, twenty-nine absent. Appropriations Calendar Senate File 2295, a bill for an act relating to and making appropriations for agriculture and natural resources and providing an effective date, with report of committee recommending amendment and passage, was taken up for consideration. Greiner of Washington offered amendment H-8454 filed by the committee on appropriations as follows: H-8454 1 Amend Senate File 2295, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 9, by striking lines 17 through 24. 4 2. By striking page 15, line 20, through page 16, 5 line 2. 6 3. Page 16, by inserting after line 18, the 7 following: 8 "Sec. ___. REDUCTION OF APPROPRIATIONS. This 9 section shall apply to each appointed nonelected 10 position which is supported by moneys appropriated in 11 sections 1 and 3 of this Act. If the amount of moneys 12 to be used for a salary during the fiscal year 13 beginning July 1, 1998, and ending June 30, 1999, is 14 more than the amount actually required to pay that 15 salary for the fiscal year, the amount of the relevant 16 appropriation shall be reduced by the amount equal to 17 the difference. The amount appropriated in section 1, 18 subsection 4, of this Act, to support financial 19 incentives for soil conservation practices under 20 chapter 161A shall be increased by the amount of the 21 difference." 22 4. By renumbering, relettering, or redesignating 23 and correcting internal references as necessary. Mertz of Kossuth offered the following amendment H-8495, to the committee amendment H-8454, filed by her and moved its adoption: H-8495 1 Amend the amendment, H-8454, to Senate File 2295, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by striking line 3. A non-record roll call was requested. The ayes were 47, nays 36. Amendment H-8495 was adopted. Greiner of Washington offered the following amendment H-8520, to the committee amendment H-8454, filed by her and moved its adoption: H-8520 1 Amend the amendment, H-8454, to Senate File 2295, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 21, by inserting after the word 5 "difference." the following: "However, the amount of 6 the difference shall be allocated in the same manner 7 as other moneys which are reallocated to soil and 8 water conservation districts after the moneys are 9 returned by a district to the soil conservation 10 division." Amendment H-8520 was adopted. Witt of Black Hawk requested division of the committee amendment H-8454 as follows: Lines 3 through 5, division A; Lines 6 through 21, division B. Witt of Black Hawk asked and received unanimous consent that the committee amendment H-8454A be deferred. Greiner of Washington moved the adoption of amendment H-8454B, as amended. The committee amendment H-8454B, as amended, was adopted. Greiner of Washington moved the adoption of the committee amendment H-8454A, as amended. The committee amendment H-8454A, as amended, was adopted. Greig of Emmet offered amendment H-8587 filed by him and Thomas of Clayton as follows: H-8587 1 Amend Senate File 2295, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 4, line 17, by striking the figure 4 "6,600,518" and inserting the following: "6,880,518". 5 2. Page 4, line 18, by striking the figure 6 "171.28" and inserting the following: "177.28". 7 3. Page 4, line 19, by inserting before the word 8 "Of" the following: "(1)". 9 4. Page 4, by inserting after line 25 the 10 following: 11 "(2) Of the amount appropriated in this paragraph 12 "a", $280,000 and 6.00 FTEs shall be used by the 13 division for purposes of cooperating with the 14 department of natural resources in the process of 15 reviewing and approving permits related to the 16 construction of animal feeding operation structures 17 associated with confinement feeding operations as 18 provided in chapter 455B." 19 5. Page 7, line 11, by striking the word "a." 20 6. Page 7, line 14, by striking the figure 21 "1,854,059" and inserting the following: "1,778,059". 22 7. Page 7, line 15, by striking the figure 23 "54.00" and inserting the following: "52.00". 24 8. Page 7, by striking lines 16 through 22. 25 9. Page 7, line 27, by striking the figure 26 "3,616,627" and inserting the following: "3,412,627". 27 10. Page 7, line 28, by striking the figure 28 "236.50" and inserting the following: "232.50". 29 11. Page 8, line 5, by striking the figure 30 "$270,000" and inserting the following: "$66,000". 31 12. Page 8, line 5, by striking the figure "6.00" 32 and inserting the following: "2.00". 33 13. Page 16, by inserting after line 18, the 34 following: 35 "Sec. __. AGREEMENT BETWEEN DEPARTMENTS. The 36 department of natural resources and the division of 37 soil conservation of the department of agriculture and 38 land stewardship shall execute an agreement under 39 chapter 28E under which the soil conservation division 40 of the department of agriculture and land stewardship 41 shall cooperate with the department of natural 42 resources in the process of reviewing and approving 43 permits related to the construction of animal feeding 44 operation structures associated with confinement 45 feeding operations as provided in chapter 455B. The 46 governor's office shall serve to facilitate the 47 negotiation and execution of the agreement." 48 14. By renumbering as necessary. The House stood at ease at 2:42 p.m., until the fall of the gavel. The House resumed session at 4:25 p.m., Speaker Corbett in the chair. Greig of Emmet moved the adoption of amendment H-8587. Amendment H-8587 was adopted placing amendments H-8591 and H-8592 filed by Mascher of Johnson on March 23, 1998, out of order. Wise of Lee offered the following amendment H-8581 filed by him and moved its adoption: H-8581 1 Amend Senate File 2295, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 4, line 28, by striking the figure 4 "$6,500,850" and inserting the following: 5 "$7,500,850". Roll call was requested by Koenigs of Mitchell and Greiner of Washington. Rule 75 was invoked. On the question "Shall amendment H-8581 be adopted?" (S.F. 2295) The ayes were, 45: Bell Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 50: Arnold Barry Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 5: Bernau Blodgett Cormack Dinkla Van Fossen Amendment H-8581 lost. Koenigs of Mitchell offered the following amendment H-8588 filed by him and moved its adoption: H-8588 1 Amend Senate File 2295 as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 8, line 10, by striking the letter "a." 4 2. Page 8, line 14, by striking the figure "(1)" 5 and inserting the following: "a." 6 3. Page 8, line 29, by striking the figure "(2)" 7 and inserting the following: "b." 8 4. By striking page 8, line 34, through page 9, 9 line 16. 10 5. Page 16, by inserting before line 3 the 11 following: 12 "Sec. ___. WATER QUALITY STUDIES. There is 13 appropriated from the general fund of the state to the 14 state board of regents for the fiscal year beginning 15 July 1, 1998, and ending June 30, 1999, the following 16 amount, or so much thereof as is necessary, to be used 17 for the purpose designated: 18 For allocation to Iowa state university of science 19 and technology for purposes of conducting studies 20 regarding groundwater and surface water contamination 21 in this state: 22 $ 300,000 23 The identity of a site selected in conducting 24 testing pursuant to a study shall remain confidential 25 and shall not be subject to disclosure under chapter 26 22. However, the identity of the site shall be 27 provided to the department of natural resources, which 28 shall keep the identity confidential. The findings of 29 the testing shall not be used in a case or proceeding 30 brought against a person based upon a violation of 31 state law. The university shall cooperate with the 32 department of natural resources in designing, 33 implementing, and conducting the studies. The 34 university shall report all results of the studies to 35 the department, the legislative fiscal bureau, and the 36 members of the joint appropriations subcommittee on 37 agriculture and natural resources of the general 38 assembly." 39 6. By renumbering as necessary. Amendment H-8588 lost. Witt of Black Hawk offered the following amendment H-8514 filed by him and moved its adoption: H-8514 1 Amend Senate File 2295, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 9, lines 1 and 2, by striking the words 4 "Iowa state university of science and technology" and 5 inserting the following: "the center for health 6 effects of environmental contamination established 7 under section 263.17". 8 2. Page 9, line 11, by striking the word 9 "university" and inserting the following: "center". 10 3. Page 9, line 13, by striking the word 11 "university" and inserting the following: "center". Amendment H-8514 lost. Murphy of Dubuque offered the following amendment H-8513 filed by him and moved its adoption: H-8513 1 Amend Senate File 2295, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 9, by striking lines 4 through 11 and 4 inserting the following: "contamination in the state. 5 The university shall cooperate with the department". A non-record roll call was requested. The ayes were 25, nays 40. Amendment H-8513 lost. Dolecheck of Ringgold offered the following amendment H-8432 filed by him and moved its adoption: H-8432 1 Amend Senate File 2295, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 11, line 12, by striking the figure 4 "1,600,000" and inserting the following: "1,630,000". 5 2. Page 11, by inserting after line 17 the 6 following: 7 "___. Of the amount appropriated in this section, 8 not more than $30,000 shall be used by the department 9 to carry out the provisions of 1998 Iowa Acts, Senate 10 File 429, if enacted by the Seventy-seventh General 11 Assembly, 1998 Session. However, if Senate File 429 12 is not enacted, the amount appropriated under this 13 section for the administration and enforcement of 14 navigation laws and water safety shall be reduced by 15 $30,000." 16 3. By renumbering as necessary. Amendment H-8432 was adopted. Mascher of Johnson offered the following amendment H-8589 filed by Mascher, et al., and moved its adoption: H-8589 1 Amend Senate File 2295, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 12, line 8, by striking the figure 4 "$9,000,000" and inserting the following: 5 "$12,000,000". Roll call was requested by Mascher of Johnson and Siegrist of Pottawattamie. Rule 75 was invoked. On the question "Shall amendment H-8589 be adopted?" (S.F. 2295) The ayes were, 47: Arnold Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 52: Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 1: Cormack Amendment H-8589 lost. Witt of Black Hawk offered the following amendment H-8498 filed by him and moved its adoption: H-8498 1 Amend Senate File 2295, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 15, by inserting after line 19 the 4 following: 5 "Sec. ___. SURFACE WATER AND GROUNDWATER 6 MONITORING. There is appropriated from the general 7 fund of the state to the department of natural 8 resources for the fiscal year beginning July 1, 1998, 9 and ending June 30, 1999, the following amount, or so 10 much thereof as is necessary, to be used for the 11 purposes designated: 12 For the surface water and groundwater monitoring 13 programs, including salaries, support, maintenance, 14 miscellaneous purposes, and for not more than the 15 following full-time equivalent positions: 16 $ 1,000,000 17 FTEs 2.00 18 Notwithstanding section 8.33, moneys appropriated 19 in this section which remain unexpended or unobligated 20 on June 30, 1999, shall not revert to the general fund 21 of the state but shall remain available for the 22 purposes designated for the fiscal year beginning July 23 1, 1999." 24 2. Page 17, by inserting after line 11 the 25 following: 26 "Sec. ___. NEW SECTION. 455B.282 SURFACE WATER 27 AND GROUNDWATER MONITORING. 28 1. The commission shall establish and administer a 29 long-term surface water monitoring program which 30 includes, at a minimum, all of the following elements: 31 a. A significant number of fixed monitoring sites 32 selected to include a full array of geographical 33 conditions and watershed sizes. 34 b. Inclusion of lakes, reservoirs, ponds, and 35 wetlands in regular surface water monitoring. 36 c. High frequency of sampling at a significant 37 number of fixed station sites to provide information 38 on contaminant concentration and movement. 39 d. Analysis of samples for common pesticides at 40 all fixed station sites and analysis of pesticide 41 metabolites at all fixed station sites located at 42 large river monitoring sites. 43 e. Implementation of watershed-based rotational 44 monitoring where a portion of the watersheds are 45 intensively monitored on a cyclical basis of one out 46 of every five years. 47 f. Incorporation of biological monitoring into the 48 monitoring for all sites. 49 g. Problem assessment and research. 50 2. The commission shall establish and administer a Page 2 1 long-term groundwater monitoring program which 2 includes, at a minimum, the following elements: 3 a. Fixed station, long-term monitoring to collect 4 baseline data for trend analysis in six major 5 aquifers. Water levels at the aquifer sites shall be 6 monitored and each site shall be regularly sampled for 7 inorganics, common herbicides, and selected volatile 8 organic compounds. 9 b. An ambient rotational groundwater quality 10 monitoring program conducted in cooperation with the 11 United States geological survey and the university of 12 Iowa hygienic laboratory. 13 c. Identification of groundwater quality issues 14 and conducting of research needed to address the 15 issues. The issues shall initially include, but not 16 be limited to, all of the following: 17 (1) Identification of storage and handling of 18 hazardous materials and facilities. 19 (2) The relative contribution of point and 20 nonpoint sources of groundwater contamination. 21 (3) Organic chemicals in unsaturated zones. 22 (4) The effects of large withdrawals on aquifers. 23 (5) Identification of recharge zones for all 24 aquifers." Roll call was requested by Witt of Black Hawk and Greiner of Washington. On the question "Shall amendment H-8498 be adopted?" (S.F. 2295) The ayes were, 46: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 53: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 1: Cormack Amendment H-8498 lost. Mertz of Kossuth offered the following amendment H-8590 filed by her and moved its adoption: H-8590 1 Amend Senate File 2295, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 16, by inserting after line 12, the 4 following: 5 "Sec. ___. MARINE FUEL TAX RECEIPTS - CAPITAL 6 PROJECTS - LAKE DREDGING. From any moneys 7 appropriated from the marine fuel tax receipts 8 deposited in the general fund of the state to the 9 department of natural resources for the fiscal year 10 beginning July 1, 1998, and ending June 30, 1999, for 11 purposes of funding capital projects traditionally 12 funded from marine fuel tax receipts for the purposes 13 specified in section 452A.79, the department of 14 natural resources shall allocate the following amount 15 for the purpose designated: 16 To local sponsors of a dredging operation at 17 crystal lake in Hancock county for purposes of 18 performing the dredging operations: 19 $ 250,000 20 Moneys allocated under this section shall be 21 available upon a match by local sponsors of one dollar 22 for each one dollar of state moneys." 23 2. By renumbering as necessary. A non-record roll call was requested. The ayes were 34, nays 41. Amendment H-8590 lost. Jochum of Dubuque offered the following amendment H-8534 filed by her and moved its adoption: H-8534 1 Amend Senate File 2295, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 16, by inserting after line 18 the 4 following: 5 "Sec. ___. STUDY - COMMERCIAL FERTILIZERS AND 6 SOIL CONDITIONERS. The department of agriculture and 7 land stewardship shall conduct a study regarding the 8 use of ingredients by manufacturers of commercial 9 fertilizers and soil conditioners to determine the 10 extent to which more effective controls should be 11 placed upon the use of commercial fertilizers and soil 12 conditioners containing heavy metals derived from 13 industrial waste materials. The department shall 14 consider the extent to which the use of the heavy 15 metals poses a risk to human health and the 16 environment. The department shall consider the need 17 for more stringent labeling requirements and 18 standards. The department shall consult with other 19 state agencies and agencies of the federal government 20 in conducting this study. The department shall report 21 the findings and any recommendations to the general 22 assembly not later than January 1, 1999." 23 2. By renumbering as necessary. Amendment H-8534 lost. Warnstadt of Woodbury offered the following amendment H-8535 filed by him and moved its adoption: H-8535 1 Amend Senate File 2295, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 16, by inserting after line 18 the 4 following: 5 "Sec. ___. LOESS HILLS STUDY CONFERENCE. The 6 legislative council is requested to establish an 7 interim study conference to analyze and develop 8 proposals for the designation and protection of loess 9 soil areas which possess outstanding cultural and 10 natural values, such as scenic, forest, prairie, 11 mineral, geological, historic, archaeological, 12 recreational, educational, water quality, or flood 13 protection values. The legislative council may 14 authorize the loess hills development authority to 15 coordinate the study and develop recommendations 16 relating to the protection, preservation, and uses of 17 land in the loess hills areas of this state. 18 The interim study conference shall report its 19 findings and recommendations to the legislative 20 council and to the members of the general assembly." 21 2. By renumbering as necessary. Roll call was requested by Myers of Johnson and Greiner of Washington. Rule 75 was invoked. On the question "Shall amendment H-8535 be adopted?" (S.F. 2295) The ayes were, 48: Bell Bernau Boggess Brand Brauns Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 51: Arnold Barry Blodgett Boddicker Bradley Brunkhorst Carroll Churchill Dinkla Dix Dolecheck Drake Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 1: Cormack Amendment H-8535 lost. Koenigs of Mitchell asked and received unanimous consent to withdraw amendment H-8586 filed by him on March 23, 1998. MOTION TO RECONSIDER LOST Koenigs of Mitchell called up for consideration the motion to reconsider amendment H-8587 to House File 2295, filed by him from the floor, and moved to reconsider the vote by which amendment H-8587 (found on page 898 of the House Journal) was adopted. A non-record roll call was requested. The ayes were 42, nays 50. The motion to reconsider lost. Hahn of Muscatine moved to suspend the rules for the immediate consideration of amendment H-8602 filed by him from the floor as follows: H-8602 1 Amend Senate File 2295, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 9, line 26, by inserting before the word 4 "For" the following: "a." 5 2. Page 9, by inserting after line 28 the 6 following: 7 "b. The department of natural resources shall 8 conduct a study of the populations of various mussel 9 species in the waters of this state with emphasis on 10 the sublegal population of washboard mussels in the 11 waters of the state. The department shall conduct 12 independent field investigations of the various mussel 13 beds in boundary waters of this state. The department 14 shall fund up to fifty percent of the cost of the 15 field investigations with the commercial mussel 16 industry contributing the remainder. The department 17 shall contract with a malacologist who is acceptable 18 to the commercial mussel industry and the department 19 to conduct the study and investigation. The 20 department shall review current scientific studies 21 conducted by other state natural resource agencies, 22 federal wildlife and natural resource agencies, and 23 private parties including commercial fishers, shell 24 buyers, and shell exporters. 25 The department shall report its findings to the 26 chairpersons and ranking members of the house 27 committee on natural resources and the senate 28 committee on natural resources and environment not 29 later than January 15, 2000. Notwithstanding 30 paragraph "c", if the data in the report supports a 31 closed season for washboard mussels, the natural 32 resource commission may consider closing the season 33 for washboard mussels. 34 c. Notwithstanding sections 481A.38, 481A.39, 35 482.1, and 482.12, for the year beginning January 1, 36 1998, and ending December 31, 1999, the open season 37 for taking washboard mussels shall be from April 1 to 38 August 31. Washboard mussels shall be taken only 39 during the hours between sunrise and sunset. The 40 minimum size limit for the taking of washboard mussels 41 shall be four inches." 42 3. Page 18, by inserting after line 12 the 43 following: 44 " . Section 3, subsection 7, paragraph "c", of 45 this Act, being deemed of immediate importance, takes 46 effect upon enactment." A non-record roll call was requested. Rule 75 was invoked. The ayes were 48, nays 50. The motion to suspend the rules lost. Greiner of Washington 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?" (S.F. 2295) The ayes were, 61: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Bukta Carroll Cataldo Churchill Dinkla Dix Dolecheck Drake Eddie Falck Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Koenigs Kremer Lamberti Larson Lord Martin May Mertz Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett The nays were, 37: Bell Bernau Burnett Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Fallon Foege Ford Holveck Huser Jochum Kinzer Kreiman Larkin Mascher Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Warnstadt Weigel Whitead Wise Witt Absent or not voting, 2: Brand Cormack 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 Senate File 2295 be immediately messaged to the Senate. INTRODUCTION OF BILL House File 2539, by committee on appropriations, a bill for an act relating to and making appropriations to the justice system and providing effective dates. Read first time and placed on the appropriations calendar. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on March 24, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 2272, a bill for an act requiring the state board of education to adopt rules relating to the incorporation of accountability for student achievement into the education standards and accreditation process. Also: That the Senate has on March 24, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2292, a bill for an act relating to permits for aquifer storage and recovery and making penalties applicable. Also: That the Senate has on March 24, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2340, a bill for an act relating to the inclusion of dentists and certain other medical specialists in the volunteer health care provider program. Also: That the Senate has on March 24, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2369, a bill for an act relating to the human immunodeficiency virus including the testing of an alleged offender for the human immunodeficiency virus, the intentional transmission of the human immunodeficiency virus, making penalties applicable, establishing penalties, and providing for an affirmative defense. Also: That the Senate has on March 24, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 2403, a bill for an act relating to property of a debtor which is exempt from execution. Also: That the Senate has on March 24, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2435, a bill for an act relating to the entrepreneurs with disabilities program. Also: That the Senate has on March 24, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2516, a bill for an act providing for mandatory licensure for marital and family therapists and mental health counselors, establishing transition provisions, removing frequency requirements regarding board of behavioral science examiners' meetings, and providing an effective date. Also: That the Senate has on March 24, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2523, a bill for an act relating to the reimbursement of certain providers of services under the medical assistance program. Also: That the Senate has on March 24, 1998, passed the following bill in which the concurrence of the Senate was asked: House File 2527, a bill for an act providing for victim rights, providing for penalties, and an effective date. MARY PAT GUNDERSON, Secretary PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Forty 12th grade students from Tri-County, Thornburg, accompanied by Jim Freeze. By Greiner of Washington and Tyrrell of Iowa. Eleven 7th and 8th grade students from Pine Grove Mennonite School, Chester, accompanied by Marianne Nightingale. By Weigel of Chickasaw. 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\326 Justin Laursen, Storm Lake - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1998\327 Thelma Hesson, Baxter - For celebrating her 90th birthday. 1998\328 Larry and JoAnn Hesson, Baxter - For celebrating their 40th wedding anniversary. 1998\329 Fred and Pat Harrison, Newton - For celebrating their 50th wedding anniversary. 1998\330 Coach Steve Bergman and the Iowa City West High School, Iowa City - For winning the 1998 4-A Boys' Basketball Championship. 1998\331 Coach Jim Zalesky and the University of Iowa Wrestling Team, Iowa City - For winning the 1998 NCAA Championship. 1998\332 Betty Simmons, Carter Lake - For being named Carter Lake Senior Citizen of the Year. 1998\333 Lyle Parker, Carter Lake - For being named Carter Lake Citizen of the Year. 1998\334 Merle and Pauline Harland, Clarinda - For celebrating their 70th wedding anniversary. 1998\335 Joe Williams, Iowa City - For being Champion of the 167 lbs. division of the 1998 NCAA Wrestling Championship. 1998\336 Jeff McGinness, Iowa City - For being Champion of the 134 lbs. division of the 1998 NCAA Wrestling Championship. 1998\337 Mark Ironside, Iowa City - For being Champion of the 142 lbs. division of the 1998 NCAA Wrestling Championship. 1998\338 Coach Angie Lee and the University of Iowa Women's Basketball Team, Iowa City - For winning the Big 10 Championship. 1998\339 Minh Tran, Council Bluffs - For his participation in the Legislative Shaddow Program. SUBCOMMITTEE ASSIGNMENTS House File 2174 Ways and Means: Van Fossen, Chair; Doderer and Greig. Senate File 2365 Ways and Means: Teig, Chair; Drake 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 APPROPRIATIONS Committee Bill (Formerly House Study Bill 701), relating to and making appropriations to the justice system and providing effective dates. Fiscal Note is not required. Recommended Amend and Do Pass March 23, 1998. COMMITTEE ON WAYS AND MEANS Senate File 2218, a bill for an act relating to the issuance of highway travel permits to raw milk transporters whose motor trucks exceed gross weight and axle weight restrictions and establishing a fee. Fiscal Note is not required. Recommended Do Pass March 23, 1998. Senate File 2364, a bill for an act relating to the sales, services, and use taxes exemption for the sales of food and beverages for human consumption by certain organizations, providing refunds, and including effective and retroactive applicability date provisions. Fiscal Note is not required. Recommended Do Pass March 23, 1998. RESOLUTION FILED SCR 109, by Dearden, Dvorsky, Maddox, Fraise, Horn, McKean, and Angelo, a concurrent resolution to honor the memory of Jim Hancock. Laid over under Rule 25. AMENDMENTS FILED H-8599 H.F. 2262 Senate Amendment H-8600 H.F. 2271 Senate Amendment H-8601 H.F. 2169 Senate Amendment H-8607 S.F. 2378 Garman of Story H-8609 S.F. 2052 Klemme of Plymouth H-8610 H.F. 2533 Dinkla of Guthrie Warnstadt of Woodbury H-8611 H.F. 2533 Scherrman of Dubuque Holveck of Polk H-8612 S.F. 2398 Jochum of Dubuque H-8613 S.F. 187 Brand of Tama H-8614 S.F. 2292 Jochum of Dubuque Murphy of Dubuque H-8615 S.F. 2333 Dotzler of Black Hawk H-8616 S.F. 2366 Gries of Crawford H-8617 S.F. 2374 Boddicker of Cedar H-8618 S.F. 2380 Wise of Lee H-8619 S.F. 2384 Kreiman of Davis H-8620 S.F. 2387 Kreiman of Davis H-8621 H.C.R. 109 Burnett of Story H-8622 S.F. 2331 Bernau of Story H-8623 S.F. 2400 Vande Hoef of Osceola H-8624 S.F. 2363 Murphy of Dubuque H-8625 H.F. 2272 Senate Amendment H-8626 H.F. 2533 Frevert of Palo Alto H-8627 H.F. 2533 Chiodo of Polk H-8628 H.F. 2533 Frevert of Palo Alto H-8629 H.F. 2533 Frevert of Palo Alto Bell of Jasper Bernau of Story Brand of Tama Bukta of Clinton Burnett of Story Cataldo of Polk Chapman of Linn Chiodo of Polk Cohoon of Des Moines Connors of Polk Doderer of Johnson Dotzler of Black Hawk Drees of Carroll Falck of Fayette Fallon of Polk Foege of Linn Ford of Polk Holveck of Polk Huser of Polk Jochum of Dubuque Kinzer of Scott Koenigs of Mitchell Kreiman of Davis Larkin of Lee Mascher of Johnson May of Worth Mertz of Kossuth Moreland of Wapello Mundie of Webster Murphy of Dubuque Myers of Johnson O'Brien of Boone Osterhaus of Jackson Reynolds-Knight of Van Buren Richardson of Warren Scherrman of Dubuque Schrader of Marion Shoultz of Black Hawk Taylor of Linn Thomas of Clayton Warnstadt of Woodbury Weigel of Chickasaw Whitead of Woodbury Wise of Lee Witt of Black Hawk H-8630 H.F. 2533 Frevert of Palo Alto H-8631 H.F. 2533 Frevert of Palo Alto H-8632 H.F. 2403 Senate Amendment H-8633 H.F. 2538 Larkin of Lee H-8634 H.F. 2533 Rants of Woodbury Gries of Crawford Garman of Story Gipp of Winneshiek Blodgett of Cerro Gordo Hansen of Pottawattamie Thomson of Linn Nelson of Marshall Heaton of Henry Mascher of Johnson Murphy of Dubuque H-8635 S.F. 2333 Taylor of Linn H-8636 S.F. 2333 Connors of Polk H-8637 S.F. 2363 Moreland of Wapello H-8638 S.F. 2363 Brand of Tama H-8639 S.F. 2353 Brand of Tama Foege of Linn Wise of Lee H-8640 S.F. 2374 Bernau of Story H-8641 S.F. 2376 Larkin of Lee H-8642 S.F. 2406 Brand of Tama H-8643 H.F. 2533 Scherrman of Dubuque Holveck of Polk Brand of Tama Mascher of Johnson H-8644 H.F. 2533 Warnstadt of Woodbury H-8645 H.F. 2272 Rants of Woodbury H-8646 S.F. 2366 Mascher of Johnson Brand of Tama Bukta of Clinton Cohoon of Des Moines Falck of Fayette Foege of Linn Kinzer of Scott Thomas of Clayton Warnstadt of Woodbury Wise of Lee H-8647 S.F. 2366 Cohoon of Des Moines Mertz of Kossuth Brand of Tama Bukta of Clinton Falck of Fayette Foege of Linn Kinzer of Scott Mascher of Johnson Thomas of Clayton Warnstadt of Woodbury Wise of Lee H-8648 S.F. 2366 Foege of Linn Brand of Tama Bukta of Clinton Cohoon of Des Moines Falck of Fayette Kinzer of Scott Mascher of Johnson Thomas of Clayton Warnstadt of Woodbury Wise of Lee H-8649 S.F. 2366 Bukta of Clinton Brand of Tama Cohoon of Des Moines Falck of Fayette Foege of Linn Kinzer of Scott Mascher of Johnson Thomas of Clayton Warnstadt of Woodbury Wise of Lee H-8650 S.F. 2366 Wise of Lee Brand of Tama Bukta of Clinton Cohoon of Des Moines Falck of Fayette Foege of Linn Kinzer of Scott Mascher of Johnson Thomas of Clayton Warnstadt of Woodbury H-8651 S.F. 2366 Mascher of Johnson H-8652 S.F. 2366 Falck of Fayette H-8653 S.F. 2366 Falck of Fayette H-8654 S.F. 2366 Falck of Fayette H-8655 H.F. 2498 Chiodo of Polk H-8656 S.F. 2406 Ford of Polk H-8657 S.F. 2406 Ford of Polk H-8658 H.F. 2533 Grundberg of Polk H-8659 S.F. 2366 Weigel of Chickasaw Mertz of Kossuth Koenigs of Mitchell May of Worth Scherrman of Dubuque Osterhaus of Jackson H-8660 S.F. 2400 Dix of Butler H-8661 H.F. 2533 Mascher of Johnson H-8662 S.F. 2400 Dix of Butler H-8663 S.F. 2400 Dix of Butler H-8664 H.F. 2533 Mascher of Johnson On motion by Siegrist of Pottawattamie, the House adjourned at 8:20 p.m., until 8:45 a.m., Wednesday, March 25, 1998.
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