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House Journal: Tuesday, March 31, 1998

Seventy-ninth Calendar Day - Fifty-third Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, March 31, 1998
The House met pursuant to adjournment at 8:50 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend Paul Fredricksen, First United
Methodist Church, Cedar Falls.
The Journal of Monday, March 30, 1998 was approved.
On motion by Siegrist of Pottawattamie, the House was recessed
at 8:58 a.m., until 10:30 a.m.
LATE MORNING SESSION
The House reconvened at 10:50 a.m., Speaker Corbett in the chair.

CONSIDERATION OF BILLS
Unfinished Business Calendar
Senate File 2085, a bill for an act relating to the
responsibilities of the department of transportation, including
vehicle equipment and parking regulation, postings of highway
weight restrictions, and receipt of plans for city street
construction, with report of committee recommending amendment
and passage, was taken up for consideration.
Welter of Jones offered the following amendment H-8493 filed by
the committee on transportation and moved its adoption:

H-8493

 1     Amend Senate File 2085 as passed by the Senate as
 2   follows:
 3     1.  Page 4, by inserting after line 18 the
 4   following:
 5     "Sec. ___.  Section 321L.2A, Code Supplement 1997,
 6   is amended to read as follows:
 7     321L.2A  WHEELCHAIR LIFT WARNING PARKING CONE.
 8     The department shall, upon the request of a person
 9   issued a persons with disabilities parking permit
10   under section 321L.2 who operates a motor vehicle with
11   uses a wheelchair lift, shall provide the
person with
12   a traffic cone list of names and addresses of
vendors
13   who sell parking cones bearing the international
14   symbol of accessibility and the words "wheelchair lift
15   parking space".  The department shall adopt rules as
16   necessary to implement administer this section."
17     2.  By renumbering as necessary.
The committee amendment H-8493 was adopted.
Welter of Jones offered the following amendment H-8671 filed by
him and May of Worth and moved its adoption:

H-8671

 1     Amend Senate File 2085, as passed by the Senate, as
 2   follows:
 3     1.  By striking page 3, line 22, through page 4,
 4   line 9.
 5     2.  By renumbering as necessary.
Amendment H-8671 was adopted.
May of Worth 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. 2085)

The ayes were, 100:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker 	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst	Bukta 
Burnett 	Carroll 	Cataldo 	Chapman 
Chiodo	Churchill 	Cohoon 	Connors 
Cormack 	Dinkla 	Dix 	Doderer 
Dolecheck 	Dotzler 	Drake 	Drees
Eddie 	Falck 	Fallon 	Foege 
Ford 	Frevert 	Garman 	Gipp 
Greig 	Greiner 	Gries 	Grundberg 
Hahn 	Hansen 	Heaton 	Holmes 
Holveck 	Houser 	Huseman 	Huser 
Jacobs 	Jenkins 	Jochum 	Kinzer 
Klemme 	Koenigs 	Kreiman 	Kremer 
Lamberti 	Larkin 	Larson 	Lord 
Martin 	Mascher 	May 	Mertz 
Metcalf 	Meyer 	Millage 	Moreland
Mundie 	Murphy 	Myers 	Nelson 
O'Brien 	Osterhaus 	Rants 	Rayhons 
Reynolds-Knight 	Richardson 	Scherrman 	Schrader 
Shoultz 	Siegrist 	Sukup 	Taylor
Teig 	Thomas 	Thomson 	Tyrrell 
Van Fossen 	Van Maanen 	Vande Hoef 	Veenstra 
Warnstadt 	Weidman 	Weigel 	Welter 
Whitead 	Wise 	Witt 	Mr. Speaker
			  Corbett
The nays were, none.

Absent or not voting, none.

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 2308, a bill for an act concerning eligible
alternative retirement benefit systems for community college
employees, with report of committee recommending passage, was
taken up for consideration.
Nelson of Marshall moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 2308)

The ayes were, 100:

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


The nays were, none.

Absent or not voting, none.

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 2371, a bill for an act relating to infectious and
contagious diseases affecting livestock and providing penalties,
with report of committee recommending passage, was taken up for
consideration.
Meyer of Sac 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. 2371)

The ayes were, 100:

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

The nays were, none.

Absent or not voting, none.

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
Senate Files 2085, 2308 and 2371.
Senate File 2356, a bill for an act relating to revolving funds
to be administered by the department of general services and
providing for funding for the revolving funds, with report of
committee recommending passage, was taken up for consideration.
Gipp of Winneshiek moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 2356)

The ayes were, 100:

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

The nays were, none.

Absent or not voting, none.

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 2368, a bill for an act relating to the management
of public rights-of-way by local government units, eliminating
the power of cities to grant franchises to erect, maintain, and
operate plants and systems for telecommunications services
within the city, and providing 
an effective date, with report of committee recommending
amendment and passage, was taken up for consideration.
Bradley of Clinton offered the following amendment H-8508 filed
by the committee on commerce and regulation and moved its
adoption:

H-8508

 1     Amend Senate File 2368 as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 4, line 2, by inserting after the word
 4   "fee" the following:  "from an entity".
 5     2.  Page 4, line 4, by inserting after the word
 6   "fee" the following:  "from that entity".
The committee amendment H-8508 was adopted.
Bradley of Clinton offered the following amendment H-8557 filed
by him and moved its adoption:

H-8557

 1     Amend Senate File 2368, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 2, line 4, by inserting after the word
 4   "service" the following:  "or utility poles owned by a
 5   local government or a municipal utility".
Amendment H-8557 was adopted.
RULE 32 INVOKED
Bernau of Story rose on a point of order and invoked Rule 32.
The Speaker ruled the point well taken and referred Senate File
2368 to the committee on ways and means.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2356 be immediately messaged to the Senate.
Senate File 2391, a bill for an act allowing probation for some
operating-while-intoxicated offenders after service of a
mandatory minimum sentence, permitting a .15 blood alcohol level
to control the penalties applicable to an offender regardless of
the margin of error associated with the test device, requiring
the deletion from motor vehicle records after twelve years of
certain youth license revocations for alcohol violations, and
providing an effective date, with report of committee
recommending passage, was taken up for consideration.
On motion by Siegrist of Pottawattamie, the House was recessed
at 11:30 a.m., until 1:30 p.m. (Senate File 2391 pending.)
AFTERNOON SESSION
The House reconvened at 2:38 p.m., Veenstra of Sioux in the
chair. 
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-five members present,
twenty-five absent.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2391 be deferred and that the bill be retained
on the calendar.

CONSIDERATION OF BILLS
Appropriations Calendar
House File 2539, a bill for an act relating to and making
appropriations to the justice system and providing effective
dates, was taken up for consideration.
Murphy of Dubuque asked and received unanimous consent that
amendment H-8779 be deferred.
Whitead of Woodbury offered amendment H-8742 filed by him and
requested division  as follows:

H-8742

 1     Amend House File 2539 as follows:

H-8742A

 2     1.  Page 4, by striking line 20 and inserting the
 3   following:
 4  	"	 $	    950,000"

H-8742B

 5     2.  Page 34, by inserting after line 27 the
 6   following:
 7     "Sec. ___.  Section 236.8, Code 1997, is amended to
 8   read as follows:
 9     236.8  VIOLATION OF ORDER - CONTEMPT - PENALTIES
10   - HEARINGS.
11     1.  A person commits a simple misdemeanor or the
12   court may hold a person in contempt for a violation of
13   an any of the following:
14     a.  An order or court-approved consent agreement
15   entered under this chapter, for violation of a.
16     b.  A temporary or permanent protective order or
17   order to vacate the homestead under chapter 598, for
18   violation of any.
19     c.  Any order that establishes conditions of
20   release or is a protective order or sentencing order
21   in a criminal prosecution arising from a domestic
22   abuse assault, or for violation by an adult of a.
23     d.  A protective order under chapter 232, by an
24   adult.
25     2.  In any contempt proceeding in which the person
26   seeking the contempt order is proceeding pro se and
27   the defendant has a right to appointed counsel or is
28   otherwise represented by counsel in the contempt
29   hearing, the plaintiff shall be eligible for legal
30   assistance pursuant to section 13.34, providing for
31   the legal services for persons in poverty grant
32   program, if the plaintiff qualifies as an "eligible
33   individual" under that section.  The county attorney
34   may also assist the person proceeding pro se, pursuant
35   to section 236.3B.
36     3.  If convicted or held in contempt, the defendant
37   shall serve a jail sentence.  Any jail sentence of
38   more than one day imposed under this section shall be
39   served on consecutive days.
40     4.  A defendant who is held in contempt or
41   convicted may be ordered by the court to pay the
42   plaintiff's attorney fees and court costs incurred in
43   the proceedings under this section.
44     5.  A hearing in a contempt proceeding brought
45   pursuant to this section shall be held not less than
46   five and not more than fifteen days after the issuance
47   of a rule to show cause, as set by the court.
48     6.  A person shall not be convicted of and held in
49   contempt for the same violation of an order or court-
50   approved consent agreement entered under this
chapter,

Page 2  

H-8742B

 1   for the same violation of a temporary or permanent
 2   protective order or order to vacate the homestead
 3   under chapter 598, for violation of any order that
 4   establishes conditions of release or is a protective
 5   order or sentencing order in a criminal prosecution
 6   arising from a domestic abuse assault, or for
 7   violation of a protective order under chapter 232
 8   listed in subsection 1."
 9     3.  By renumbering as necessary.
Whitead of Woodbury moved the adoption of amendment H-8742A.
Roll call was requested by Chapman of Linn and Bell of Jasper.
On the question "Shall amendment H-8742A be adopted?" (H.F. 2539)

The ayes were, 47:

Bell 	Bernau 	Brand 	Bukta 
Burnett 	Cataldo	Chapman 	Chiodo 
Cohoon 	Connors 	Dinkla 	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:

Arnold 	Barry 	Blodgett 	Boddicker 
Boggess 	Bradley 	Brauns 	Brunkhorst 
Carroll 	Churchill 	Corbett, Spkr. 	Cormack 
Dix 	Dolecheck 	Drake 	Eddie 
Garman 	Gipp 	Greig 	Greiner 
Gries 	Grundberg 	Hahn 	Hansen 
Heaton 	Holmes 	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 	Weidman 	Welter 	Veenstra,
			  Presiding

Absent or not voting, 1:

Houser

Amendment H-8742A lost.
Taylor of Linn offered the following amendment H-8703 filed by
him and moved its adoption:

H-8703

 1     Amend House File 2539 as follows:
 2     1.  Page 12, by inserting after line 6 the
 3   following:
 4     "It is the intent of the general assembly that as a
 5   condition of receiving the appropriation provided in
 6   this subsection, the department of corrections shall
 7   not enter into a lease or contractual agreement
 8   pursuant to section 904.809 with a private corporation
 9   for the use of building space for the purpose of
10   providing inmate employment without providing that the
11   terms of the lease or contract establish safeguards to
12   restrict, to the greatest extent feasible, access by
13   inmates working for the private corporation to
14   personal identifying information of citizens".
Amendment H-8703 was adopted.
Huser of Polk offered the following amendment H-8713 filed by
her and Lamberti of Polk and moved its adoption:

H-8713

 1     Amend House File 2539 as follows:
 2     1.  Page 12, by inserting after line 6 the
 3   following:
 4     "It is the intent of the general assembly that as a
 5   condition of receiving the appropriation provided in
 6   this subsection, the department of corrections shall
 7   not enter into a lease or contractual agreement
 8   pursuant to section 904.809 with a private corporation
 9   for the use of building space unless the lease or
10   contract includes provisions detailing what city
11   services will be necessary to support the use of the
12   building space used for inmate labor and an estimate
13   of the extent of city services needed."
A non-record roll call was requested.
The ayes were 43, nays 50.
Amendment H-8713 lost.
Huser of Polk offered the following amendment H-8715 filed by
her and Lamberti of Polk and moved its adoption:

H-8715

 1     Amend House File 2539 as follows:
 2     1.  Page 12, by inserting after line 6 the
 3   following:
 4     "It is the intent of the general assembly that as a
 5   condition of receiving the appropriation provided in
 6   this subsection, the department of corrections shall
 7   not enter into a lease or contractual agreement
 8   pursuant to section 904.809 with a private corporation
 9   for the use of building space for the purpose of
10   providing inmate employment without providing, if the
11   property is totally or partially exempt from property
12   taxation, that the terms of the lease or contract
13   shall require the private corporation to make payments
14   in lieu of property taxes to the applicable local
15   government in an amount determined by the department
16   based upon criteria which shall include, but is not
17   limited to, the investment amount required of the
18   private corporation to use the building space, up to a
19   maximum amount which is equal to the amount of tax
20   moneys that would be collected for that local
21   government if the property was not exempt."
Speaker Corbett in the chair at 3:25 p.m.
A non-record roll call was requested.
The ayes were 45, nays 50.
Amendment H-8715 lost.
Taylor of Linn offered amendment H-8726 filed by him as follows:

H-8726

 1     Amend House File 2539 as follows:
 2     1.  Page 12, by inserting after line 6 the
 3   following:
 4     "It is the intent of the general assembly that as a
 5   condition of receiving the appropriation provided in
 6   this subsection, the department of corrections shall
 7   not enter into any agreement with a private for-profit
 8   agency or corporation for the purpose of transferring
 9   inmates under the custody of the department to a jail
10   or correctional facility or institution established,
11   maintained, or operated by a private for-profit agency
12   or corporation without prior approval by the general
13   assembly."
Huser of Polk offered the following amendment H-8805, to
amendment H-8726, filed by her from the floor and moved its
adoption:

H-8805

 1     Amend the amendment, H-8726, to House File 2539 as
 2   follows:
 3     1.  Page 1, line 10, by inserting after the word
 4   "institution" the following:  "in this state which
 5   is".
Amendment H-8805 was adopted.
Taylor of Linn moved the adoption of amendment H-8726, as
amended.
Amendment H-8726, as amended, was adopted.
Doderer of Johnson offered the following amendment H-8799 filed
by her from the floor and moved its adoption:

H-8799

 1     Amend House File 2539 as follows:
 2     1.  Page 13, by inserting after line 19 the
 3   following:
 4     "___.  For educational programs for inmates at the
 5   Mitchellville correctional facility:
 6  		 $	     12,000
 7     It is the intent of the general assembly that
 8   moneys appropriated in this subsection shall be in
 9   addition to any moneys that would be allocated to the
10   Mitchellville correctional facility for educational
11   programs pursuant to the formula established by the
12   department of corrections for distribution of moneys
13   appropriated in subsection 7."
14     2.  By renumbering as necessary.
A non-record roll call was requested.
The ayes were 50, nays 29.
Amendment H-8799 was adopted.
Taylor of Linn offered the following amendment H-8702 filed by
him and moved its adoption:

H-8702

 1     Amend House File 2539 as follows:
 2     1.  Page 15, by inserting after line 19 the
 3   following:
 4     "16.  It is the intent of the general assembly that
 5   any requirement applicable to the general population
 6   of a correctional facility, including but not limited
 7   to a general lock down, shall apply without exception
 8   to the prisoners working in buildings constructed for
 9   private industry employment and in other work programs
10   employing prisoners under section 904.809."
11     2.  By renumbering as necessary.
A non-record roll call was requested.
The ayes were 37, nays 42.
Amendment H-8702 lost.
Bell of Jasper asked and received unanimous consent that
amendment H-8783 be deferred.
Nelson of Marshall asked and received unanimous consent to
withdraw amendment H-8808 filed by her and Martin of Scott from
the floor.
Murphy of Dubuque offered the following amendment H-8780 filed
by him and moved its adoption:

H-8780

 1     Amend House File 2539 as follows:
 2     1.  Page 28, by striking line 17 and inserting the
 3   following:
 4  	"	 $	    963,551"
Amendment H-8780 lost.
Myers of Johnson offered the following amendment H-8730 filed by
him and moved its adoption:

H-8730

 1     Amend House File 2539 as follows:
 2     1.  Page 28, by striking lines 17 through 23 and
 3   inserting the following:
 4  	"	 $	    922,551
 5  		 FTEs	            17.00"
A non-record roll call was requested.
The ayes were 35, nays 43.
Amendment H-8730 lost.
Garman of Story asked and received unanimous consent to withdraw
amendment H-8806 filed by her from the floor.
Moreland of Wapello offered amendment H-8725 filed by him as
follows:

H-8725

 1     Amend House File 2539 as follows:
 2     1.  Page 31, by striking line 21 and inserting the
 3   following:
 4  	"	 $	    250,000"
 5     2.  Page 33, by inserting after line 9 the
 6   following:
 7     "10.  For costs associated with the establishment
 8   of a clandestine laboratory emergency response team
 9   within the department of public safety, including the
10   state's contribution to the peace officers'
11   retirement, accident, and disability system provided
12   in chapter 97A in the amount of 17 percent of the
13   salaries for which the funds are appropriated, and for
14   not more than the following full-time equivalent
15   positions:
16  		 $	  1,385,000
17  		 FTEs	            15.00"
18     3.  By renumbering as necessary.
The House stood at ease at 4:32 p.m., until the fall of the
gavel. 
The House resumed session at 4:45 p.m., Speaker Corbett in the
chair.
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2539 be deferred and that the bill be retained
on the calendar. (Amendment H-8725 pending.)
Unfinished Business Calendar
The House resumed consideration of Senate File 2391, a bill for
an act allowing probation for some operating-while-intoxicated
offenders after service of a mandatory minimum sentence,
permitting a .15 blood alcohol level to control the penalties
applicable to an offender regardless of the margin of error
associated with the test device, requiring the deletion from
motor vehicle records after twelve years of certain youth
license revocations for alcohol violations, and providing an
effective date, previously deferred.
The House stood at ease at 4:48 p.m., until the fall of the
gavel.
The House resumed session at 6:00 p.m., Speaker Corbett in the
chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-two members present,
thirty-eight absent.
Lamberti of Polk offered amendment H-8796 filed by him and Sukup
of Franklin, Larson of Linn, Jenkins of Black Hawk, Thomson of
Linn, Millage of Scott, Veenstra of Sioux, Weidman of Cass,
Arnold of Lucas, Martin of Scott, Hansen of Pottawattamie, Van
Fossen of Scott, Rants of Woodbury, Dix of Butler, Gipp of
Winneshiek, Houser of Pottawattamie, Teig of Hamilton, Metcalf
of Polk, Eddie of Buena Vista, Carroll of Poweshiek, Blodgett of
Cerro Gordo, Greig of Emmet, Hahn 
of Muscatine, Greiner of Washington, Rayhons of Hancock,
Dolecheck of Ringgold, Boggess of Taylor and Nelson of Marshall
from the floor as follows:

H-8796

 1     Amend Senate File 2391, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5                        "DIVISION I".
 6     2.  Page 3, by inserting before line 2 the
 7   following:
 8                        "DIVISION II
 9     Sec. ___.  Section 321J.1, Code 1997, is amended by
10   adding the following new subsection:
11     NEW SUBSECTION.  3A.  "Controlled substance" means
12   any drug, substance, or compound that is listed in
13   section 124.204 or 124.206, or any metabolite or
14   derivative of the drug, substance, or compound.
15     Sec. ___.  Section 321J.2, subsection 1, Code
16   Supplement 1997, is amended to read as follows:
17     1.  A person commits the offense of operating while
18   intoxicated if the person operates a motor vehicle in
19   this state in either any of the following
conditions:
20     a.  While under the influence of an alcoholic
21   beverage or other drug or a combination of such
22   substances.
23     b.  While having an alcohol concentration as
24   defined in section 321J.1 of .10 or more.
25     c.  While any amount of a controlled substance is
26   present in the person, as measured in the person's
27   blood or urine.
28     Sec. ___.  Section 321J.2, subsections 7 and 8,
29   Code Supplement 1997, are amended to read as follows:
30     7.  a.  This section does not apply to a person
31   operating a motor vehicle while under the influence of
32   a drug if the substance was prescribed for the person
33   and was taken under the prescription and in accordance
34   with the directions of a medical practitioner as
35   defined in chapter 155A, if there is no evidence of
36   the consumption of alcohol and the medical
37   practitioner had not directed the person to refrain
38   from operating a motor vehicle.
39     b.  When charged with a violation of subsection 1,
40   paragraph "c", a person may assert, as an affirmative
41   defense, that the controlled substance present in the
42   person's blood or urine was prescribed for the person
43   and was taken in accordance with the directions of a
44   practitioner and the labeling directions of the
45   pharmacy, as that person and place of business are
46   defined in section 155A.3.
47     8.  In any prosecution under this section, evidence
48   of the results of analysis of a specimen of the
49   defendant's blood, breath, or urine is admissible upon
50   proof of a proper foundation.

Page 2  

 1     a.  The alcohol concentration established by the
 2   results of an analysis of a specimen of the
 3   defendant's blood, breath, or urine withdrawn within
 4   two hours after the defendant was driving or in
 5   physical control of a motor vehicle is presumed to be
 6   the alcohol concentration at the time of driving or
 7   being in physical control of the motor vehicle.
 8     b.  The presence of a controlled substance or other
 9   drug established by the results of analysis of a
10   specimen of the defendant's blood or urine withdrawn
11   within two hours after the defendant was driving or in
12   physical control of a motor vehicle is presumed to
13   show the presence of such controlled substance or
14   other drug in the defendant at the time of driving or
15   being in physical control of the motor vehicle.
16     Sec. ___.  Section 321J.2, subsection 10, Code
17   Supplement 1997, is amended to read as follows:
18     10.  In any prosecution under this section, the
19   results of a chemical test may not be used to prove a
20   violation of paragraph "b" of subsection 1 if the
21   alcohol, controlled substance, or other drug
22   concentration indicated by the chemical test minus the
23   established margin of error inherent in the device or
24   method used to conduct the chemical test does not
25   equal an alcohol concentration of .10 or more or
26   exceed the level prohibited by subsection 1.
27     Sec. ___.  Section 321J.6, subsection 1, unnumbered
28   paragraph 1, Code 1997, is amended to read as follows:
29     A person who operates a motor vehicle in this state
30   under circumstances which give reasonable grounds to
31   believe that the person has been operating a motor
32   vehicle in violation of section 321J.2 or 321J.2A is
33   deemed to have given consent to the withdrawal of
34   specimens of the person's blood, breath, or urine and
35   to a chemical test or tests of the specimens for the
36   purpose of determining the alcohol concentration or
37   presence of a controlled substance or other drugs,
38   subject to this section.  The withdrawal of the body
39   substances and the test or tests shall be administered
40   at the written request of a peace officer having
41   reasonable grounds to believe that the person was
42   operating a motor vehicle in violation of section
43   321J.2 or 321J.2A, and if any of the following
44   conditions exist:
45     Sec. ___.  Section 321J.6, subsection 1, paragraphs
46   d and f, Code 1997, are amended to read as follows:
47     d.  The preliminary breath screening test was
48   administered and it indicated an alcohol concentration
49   as defined in equal to or in excess of the level
50   prohibited by section 321J.1 of .10 or more
321J.2.

Page 3

 1     f.  The preliminary breath screening test was
 2   administered and it indicated an alcohol concentration
 3   of less than 0.10 the level prohibited by
section
 4   321J.2, and the peace officer has reasonable grounds
 5   to believe that the person was under the influence of
 6   a controlled substance, a drug other than alcohol,
or
 7   a combination of alcohol and another drug.
 8     Sec. ___.  Section 321J.6, subsection 3, Code 1997,
 9   is amended to read as follows:
10     3.  Notwithstanding subsection 2, if the peace
11   officer has reasonable grounds to believe that the
12   person was under the influence of a controlled
13   substance, a drug other than alcohol, or a
combination
14   of alcohol and another drug, a blood or urine test
may
15   shall be required even after a blood or breath
another
16   type of test has been administered.  Section 321J.9
17   applies to a refusal to submit to a chemical test of
18   urine or blood requested under this subsection.
19     Sec. ___.  Section 321J.8, subsection 2, Code 1997,
20   is amended to read as follows:
21     2.  If the person submits to the test and the
22   results indicate the presence of a controlled
23   substance or other drug, or an alcohol concentration
24   as defined in equal to or in excess of the level
25   prohibited by section 321J.1 of .10 or more, or the
26   person is under the age of twenty-one and the results
27   indicate an alcohol concentration of .02 or more, but
28   less than .10 321J.2 or 321J.2A, the person's motor
29   vehicle license or nonresident operating privilege
30   will be revoked by the department as required by and
31   for the applicable period specified under section
32   321J.12.
33     Sec. ___.  Section 321J.10, subsection 4, Code
34   1997, is amended to read as follows:
35     4.  a.  Search warrants issued under this section
36   shall authorize and direct peace officers to secure
37   the withdrawal of blood specimens by medical personnel
38   under section 321J.11.  Reasonable care shall be
39   exercised to ensure the health and safety of the
40   persons from whom specimens are withdrawn in execution
41   of the warrants.
42     b.  If a person from whom a specimen is to be
43   withdrawn objects to the withdrawal of blood, and
the
44   warrant may be executed as follows:
45     (1)  If the person is capable of giving a specimen
46   of breath, and a direct breath testing instrument is
47   readily available, the warrant may be executed by the
48   withdrawal of a specimen of breath for chemical
49   testing, unless the peace officer has reasonable
50   grounds to believe that the person was under the

Page 4

 1   influence of a controlled substance, a drug other than
 2   alcohol, or a combination of alcohol and another drug.
 3     (2)  If the testimony in support of the warrant
 4   sets forth facts and information that the peace
 5   officer has reasonable grounds to believe that the
 6   person was under the influence of a controlled
 7   substance, a drug other than alcohol, or a combination
 8   of alcohol and another drug, a urine sample shall be
 9   collected in lieu of a blood sample, if the person is
10   capable of giving a urine sample and the sample can be
11   collected without the need to physically compel the
12   execution of the warrant.
13     Sec. ___.  Section 321J.11, unnumbered paragraph 1,
14   Code 1997, is amended to read as follows:
15     Only a licensed physician, licensed physician
16   assistant as defined in section 148C.1, medical
17   technologist, or registered nurse, acting at the
18   request of a peace officer, may withdraw a specimen of
19   blood for the purpose of determining the alcohol
20   concentration or the presence of a controlled
21   substance or other drugs.  However, any peace officer,
22   using devices and methods approved by the commissioner
23   of public safety, may take a specimen of a person's
24   breath or urine for the purpose of determining the
25   alcohol concentration or the presence of a controlled
26   substance or other drugs.  Only new equipment kept
27   under strictly sanitary and sterile conditions shall
28   be used for drawing blood.
29     Sec. ___.  Section 321J.12, subsection 1, 3, 4, and
30   6, Code Supplement 1997, are amended to read as
31   follows:
32     1.  Upon certification, subject to penalty for
33   perjury, by the peace officer that there existed
34   reasonable grounds to believe that the person had been
35   operating a motor vehicle in violation of section
36   321J.2, that there existed one or more of the
37   necessary conditions for chemical testing described in
38   section 321J.6, subsection 1, and that the person
39   submitted to chemical testing and the test results
40   indicated the presence of a controlled substance or
41   other drug, or an alcohol concentration as defined
in
42   equal to or in excess of the level prohibited by
43   section 321J.1 of .10 or more 321J.2, or a
combination
44   of alcohol and another drug in violation of section
45   321J.2, the department shall revoke the person's motor
46   vehicle license or nonresident operating privilege for
47   the following periods of time:
48     a.  One hundred eighty days if the person has had
49   no revocation under this chapter.
50     b.  One year if the person has had a previous

Page 5

 1   revocation under this chapter.
 2     3.  The effective date of the revocation shall be
 3   ten days after the department has mailed notice of
 4   revocation to the person by certified mail.  The peace
 5   officer who requested or directed the administration
 6   of the chemical test may, on behalf of the department,
 7   serve immediate notice of revocation on a person whose
 8   test results indicated the presence of a controlled
 9   substance or other drug, or an alcohol concentration
10   of .10 or more equal to or in excess of the level
11   prohibited by section 321J.2, or a combination of
12   alcohol and another controlled substance or drug in
13   violation of section 321J.2.
14     4.  If the peace officer serves that immediate
15   notice, the peace officer shall take the person's Iowa
16   license or permit, if any, and issue a temporary
17   license valid only for ten days.  The peace officer
18   shall immediately send the person's driver's license
19   to the department along with the officer's certificate
20   indicating that the test results indicated the
21   presence of a controlled substance or other drug, or
22   an alcohol concentration of .10 or more equal to or
in
23   excess of the level prohibited by section 321J.2.
24     6.  The results of a chemical test may not be used
25   as the basis for a revocation of a person's motor
26   vehicle license or nonresident operating privilege if
27   the alcohol or drug concentration indicated by the
28   chemical test minus the established margin of error
29   inherent in the device or method used to conduct the
30   chemical test does is not equal an alcohol
31   concentration of .10 or more for violations under to
32   or in excess of the level prohibited by section 321J.2
33   or of .02 or more for violations of section 321J.2A.
34     Sec. ___.  Section 321J.13, subsection 2, Code
35   Supplement 1997, is amended to read as follows:
36     2.  The department shall grant the person an
37   opportunity to be heard within forty-five days of
38   receipt of a request for a hearing if the request is
39   made not later than ten days after receipt of notice
40   of revocation served pursuant to section 321J.9 or
41   321J.12.  The hearing shall be before the department
42   in the county where the alleged events occurred,
43   unless the director and the person agree that the
44   hearing may be held in some other county, or the
45   hearing may be held by telephone conference at the
46   discretion of the agency conducting the hearing.  The
47   hearing may be recorded and its scope shall be limited
48   to the issues of whether a peace officer had
49   reasonable grounds to believe that the person was
50   operating a motor vehicle in violation of section

Page 6

 1   321J.2 or section 321J.2A and either one or
more of
 2   the following:
 3     a.  Whether the person refused to submit to the
 4   test or tests.
 5     b.  Whether a test was administered and the test
 6   results indicated an alcohol concentration as defined
 7   in equal to or in excess of the level prohibited
under
 8   section 321J.1 of .10 or more or whether a test was
 9   administered and the test results indicated an alcohol
10   concentration as defined in section 321J.1 of .02 or
11   more pursuant to section 321J.2 or 321J.2A.
12     c.  Whether a test was administered and the test
13   results indicated the presence of alcohol, a
14   controlled substance or other drug, or a combination
15   of alcohol and another drug, in violation of section
16   321J.2.
17     Sec. ___.  Section 321J.15, Code 1997, is amended
18   to read as follows:
19     321J.15  EVIDENCE IN ANY ACTION.
20     Upon the trial of a civil or criminal action or
21   proceeding arising out of acts alleged to have been
22   committed by a person while operating a motor vehicle
23   in violation of section 321J.2 or 321J.2A, evidence of
24   the alcohol concentration or the presence of a
25   controlled substance or other drugs in the person's
26   body substances at the time of the act alleged as
27   shown by a chemical analysis of the person's blood,
28   breath, or urine is admissible.  If it is established
29   at trial that an analysis of a breath specimen was
30   performed by a certified operator using a device and
31   methods approved by the commissioner of public safety,
32   no further foundation is necessary for introduction of
33   the evidence.
34     Sec. ___.  Section 321J.18, Code 1997, is amended
35   to read as follows:
36     321J.18  OTHER EVIDENCE.
37     This chapter does not limit the introduction of any
38   competent evidence bearing on the question of whether
39   a person was under the influence of an alcoholic
40   beverage or a controlled substance or other drug,
41   including the results of chemical tests of specimens
42   of blood, breath, or urine obtained more than two
43   hours after the person was operating a motor vehicle."
44     3.  Page 3, by inserting before line 2 the
45   following:
46                        "DIVISION III
47     Sec. ___.  Section 124.401, subsection 1, paragraph
48   d, Code Supplement 1997, is amended to read as
49   follows:
50     d.  Violation of this subsection, with respect to

Page 7

 1   any other controlled substances, counterfeit
 2   substances, or simulated controlled substances
 3   classified in schedule IV or V is an aggravated
 4   misdemeanor.  However, violation of this subsection
 5   involving fifty kilograms or less of marijuana, is a
 6   class "D" felony, and in addition to the provisions of
 7   section 902.9, subsection 4, shall be punished by a
 8   fine of not less than one thousand dollars nor more
 9   than five seven thousand five hundred dollars.
10     Sec. ___.  Section 124.401, subsection 5, Code
11   Supplement 1997, is amended to read as follows:
12     5.  It is unlawful for any person knowingly or
13   intentionally to possess a controlled substance unless
14   such substance was obtained directly from, or pursuant
15   to, a valid prescription or order of a practitioner
16   while acting in the course of the practitioner's
17   professional practice, or except as otherwise
18   authorized by this chapter.  Any person who violates
19   this subsection is guilty of a serious misdemeanor for
20   a first offense.  A person who commits a violation
of
21   this subsection and who has previously been convicted
22   of violating this subsection is guilty of an
23   aggravated misdemeanor.  A person who commits a
24   violation of this subsection and has previously been
25   convicted two or more times of violating this
26   subsection is guilty of a class "D" felony.
27     PARAGRAPH DIVIDED.  If the controlled substance is
28   marijuana, the punishment shall be by imprisonment in
29   the county jail for not more than six months or by a
30   fine of not more than one thousand dollars, or by both
31   such fine and imprisonment for a first offense.  If
32   the controlled substance is marijuana and the person
33   has been previously convicted of a violation of this
34   subsection in which the controlled substance was
35   marijuana, the punishment shall be as provided in
36   section 903.1, subsection 1, paragraph "b".  If the
37   controlled substance is marijuana and the person has
38   been previously convicted two or more times of a
39   violation of this subsection in which the controlled
40   substance was marijuana, the person is guilty of an
41   aggravated misdemeanor.
42     PARAGRAPH DIVIDED.  All or any part of a sentence
43   imposed pursuant to this section subsection may be
44   suspended and the person placed upon probation upon
45   such terms and conditions as the court may impose
46   including the active participation by such person in a
47   drug treatment, rehabilitation or education program
48   approved by the court."
49     4.  Page 3, by inserting before line 2 the
50   following:

Page 8

 1                        "DIVISION IV
 2     Sec. ___.  Section 901.5, Code 1997, is amended by
 3   adding the following new subsections:
 4     NEW SUBSECTION.  11.  In addition to any sentence
 5   or other penalty imposed against the defendant for an
 6   offense under chapter 124, the court shall consider
 7   the provisions of 21 U.S.C. "/g" 862, regarding the
 8   denial of federal benefits to drug traffickers and
 9   possessors convicted under state or federal law, and
10   may enter an order specifying the range and scope of
11   benefits to be denied to the defendant, according to
12   the provisions of 21 U.S.C. "/g" 862.  For the purposes
13   of this subsection, "federal benefit" means the
14   issuance of any grant, contract, loan, professional
15   license, or commercial license provided by an agency
16   of the United States or through the appropriation of
17   funds of the United States, but does not include any
18   retirement, welfare, social security, health,
19   disability, veterans, public housing, or similar
20   benefit for which payments or services are required
21   for eligibility.  The supreme court may adopt rules
22   establishing sentencing guidelines consistent with
23   this subsection and 21 U.S.C. "/g" 862.  The clerk of the
24   district court shall send a copy of any order issued
25   pursuant to this subsection to the denial of federal
26   benefits program of the United States department of
27   justice, along with any other forms and information
28   required by the department.
29     NEW SUBSECTION.  12.  In addition to any sentence
30   or other penalty imposed against the defendant for an
31   offense under chapter 124, the court shall consider
32   the denial of state benefits to the defendant, and may
33   enter an order specifying the range and scope of
34   benefits to be denied to the defendant, comparable to
35   the federal benefits denied under subsection 11.  For
36   the purposes of this subsection, "state benefit" means
37   the issuance of any grant, contract, loan,
38   professional license, or commercial license provided
39   by a state agency, department, program, or otherwise
40   through the appropriation of funds of the state, but
41   does not include any retirement, welfare, health,
42   disability, veterans, public housing, or similar
43   benefit.  The supreme court may adopt rules
44   establishing sentencing guidelines consistent with
45   this subsection and comparable to the guidelines for
46   denial of federal benefits in 21 U.S.C. "/g" 862.  The
47   clerk of the district court shall send a copy of any
48   order issued pursuant to this subsection to each state
49   agency, department, or program required to deny
50   benefits pursuant to such an order."

Page 9

 1     5.  Page 3, by inserting before line 2 the
 2   following:
 3                         "DIVISION V
 4     Sec. ___.  Section 811.1, subsection 2, Code
 5   Supplement 1997, is amended to read as follows:
 6     2.  A defendant appealing a conviction of a class
 7   "A" felony, murder, any class "B" felony included in
 8   section 707.6A, felonious assault, felonious child
 9   endangerment, sexual abuse in the second degree,
10   sexual abuse in the third degree, kidnapping, robbery
11   in the first degree, arson in the first degree, or
12   burglary in the first degree, or any felony included
13   in section 124.401, subsection 1, paragraph "a", or a
14   violation of section 124.401, subsection 1, paragraph
15   "b".
16     Sec. ___.  Section 901.10, Code 1997, is amended to
17   read as follows:
18     901.10  IMPOSITION OF MANDATORY MINIMUM SENTENCES.
19     1.  A court sentencing a person for the person's
20   first conviction under section 124.406, 124.413, or
21   902.7 may, at its discretion, sentence the person to a
22   term less than provided by the statute if mitigating
23   circumstances exist and those circumstances are stated
24   specifically in the record.  However, the
25     2.  Notwithstanding subsection 1, if the sentence
26   under section 124.413 involves a methamphetamine
27   offense under section 124.401, subsection 1, paragraph
28   "a" or "b", the court shall not grant any reduction of
29   sentence unless the defendant pleads guilty.  If the
30   defendant pleads guilty, the court may, at its
31   discretion, reduce the mandatory minimum sentence by
32   up to one-third.  If the defendant additionally
33   cooperates in the prosecution of other persons
34   involved in the sale or use of controlled substances,
35   and if the prosecutor requests an additional reduction
36   in defendant's sentence because of such cooperation,
37   the court may grant a further reduction in defendant's
38   mandatory minimum sentence, up to one-half of the
39   remaining mandatory minimum sentence.
40     3.  The state may appeal the discretionary decision
41   on the grounds that the stated mitigating
42   circumstances do not warrant a reduction of the
43   sentence.
44     Sec. ___.  Section 907.3, subsection 1, Code
45   Supplement 1997, is amended by adding the following
46   new paragraph:
47     NEW PARAGRAPH.  k.  The offense is a violation of
48   section 124.401, subsection 1, paragraph "a" or "b",
49   and the controlled substance is methamphetamine.
50     Sec. ___.  Section 907.3, subsection 2, Code

Page 10

 1   Supplement 1997, is amended by adding the following
 2   new paragraph:
 3     NEW PARAGRAPH.  e.  The offense is a violation of
 4   section 124.401, subsection 1, paragraph "a" or "b",
 5   and the controlled substance is methamphetamine.
 6     Sec. ___.  Section 907.3, subsection 3, Code
 7   Supplement 1997, is amended by adding the following
 8   new paragraph:
 9     NEW PARAGRAPH.  e.  The offense is a violation of
10   section 124.401, subsection 1, paragraph "a" or "b",
11   and the controlled substance is methamphetamine."
12     6.  Page 3, by inserting before line 2 the
13   following:
14                        "DIVISION VI
15     Sec. ___.  Section 730.5, subsection 7, paragraph
16   a, as enacted in 1998 Iowa Acts, House File 299,
17   section 1, is amended to read as follows:
18     a.  The collection of samples shall be performed
19   under sanitary conditions and with regard for the
20   privacy of the individual from whom the specimen is
21   being obtained and in a manner reasonably calculated
22   to preclude contamination or substitution of the
23   specimen.  If the sample collected is urine,
24   procedures shall be established to provide for
25   individual privacy in the collection of the sample
26   unless there is reason to believe that a particular
27   individual subject to testing may alter or substitute
28   the urine specimen to be provided, or has previously
29   altered or substituted a urine specimen provided
30   pursuant to a drug or alcohol test.  For purposes of
31   this paragraph, "individual privacy" means a location
32   at the collection site where urination can occur in
33   private, which has been secured by visual inspection
34   to ensure that other persons are not present, which
35   provides that undetected access to the location is not
36   possible during urination, and which provides for the
37   ability to effectively restrict access to the location
38   during the time the specimen is provided.  If an
39   individual providing a sample is under eighteen years
40   of age and is not considered by law to be an adult and
41   if collection of the sample is directly monitored or
42   observed by another individual, or if an individual is
43   providing a urine sample and collection of the sample
44   is directly monitored or observed by another
45   individual, the individual who is directly monitoring
46   or observing the collection shall be of the same
47   gender as the individual from whom the sample is being
48   collected.
49     Sec. ___.  Section 730.5, subsection 9, paragraph
50   a, as enacted in 1998 Iowa Acts, House File 299,

Page 11

 1   section 1, is amended to read as follows:
 2     a.  (1)  Drug or alcohol testing or retesting by an
 3   employer shall be carried out within the terms of a
 4   written policy which has been provided to every
 5   employee subject to testing, and is available for
 6   review by employees and prospective employees.  If an
 7   employee or prospective employee is a minor, the
 8   employer shall provide a copy of the written policy to
 9   a parent of the employee or prospective employee and
10   shall obtain a receipt or acknowledgement from the
11   parent that a copy of the policy has been received.
12   Providing a copy of the written policy to a parent of
13   a minor by certified mail, return receipt requested,
14   shall satisfy the requirements of this subparagraph.
15     (2)  In addition, the written policy shall provide
16   that any notice required by subsection 7, paragraph
17   "i", to be provided to an individual pursuant to a
18   drug or alcohol test conducted pursuant to this
19   section, shall also be provided to the parent of the
20   individual if the individual tested is a minor and a
21   parent of the minor has not specifically waived the
22   requirement to be provided notice.  If a parent of the
23   minor has waived the requirement to provide notice,
24   the employer shall not be required to provide notice
25   to any person other than the individual tested.
26     (3)  In providing information or notice to a parent
27   as required by this paragraph, an employer shall rely
28   on the information regarding the identity of a parent
29   as provided by the minor.
30     (4)  For purposes of this paragraph, "minor" means
31   an individual who is under eighteen years of age and
32   is not considered by law to be an adult, and "parent"
33   means one biological or adoptive parent, a stepparent,
34   or a legal guardian or custodian of the minor."
35     7.  Page 3, by inserting before line 2 the
36   following:
37                        "DIVISION VII
38     Sec. ___.  IMPLEMENTATION OF ACT.  Section 25B.2,
39   subsection 3, shall not apply to this Act.
40     Sec. ___.  EFFECTIVE DATES.  Division VI of this
41   Act takes effect upon enactment or April 16, 1998,
42   whichever is later."
43     8.  Page 3, line 2, by striking the word "This"
44   and inserting the following:  "Division I of this".
45     9.  Title page, line 1, by inserting after the
46   word "Act" the following:  "relating to certain drug
47   and alcohol abuse and certain offenses which carry a
48   mandatory minimum sentence, by".
49     10.  Title page, line 5, by inserting after the
50   word "device," the following:  "requiring the

Page 12

 1   imposition of a mandatory minimum penalty for certain
 2   methamphetamine offenses, prohibiting the granting of
 3   a deferred judgment or sentence or a suspended
 4   sentence for certain methamphetamine offenses,
 5   providing that persons convicted of certain
 6   methamphetamine offenses are ineligible for bail upon
 7   appeal,".
 8     11.  Title page, line 7, by inserting after the
 9   word "violations," the following:  "increasing and
10   adding certain penalties for certain drug offenses,
11   providing for the denial of federal benefits to
12   persons convicted of drug-related offenses, providing
13   for an operating while intoxicated offense for persons
14   driving after taking certain controlled substances,
15   providing privacy and notice in certain drug and
16   alcohol testing situations, making related changes,
17   making penalties applicable,".
18     12.  By renumbering as necessary.
Kreiman of Davis asked and received unanimous consent to
withdraw amendments H-8821, H-8820 and H-8822, to amendment
H-8796, filed by him from the floor.
Rants of Woodbury in the chair at 6:20 p.m.
Huser of Polk offered the following amendment H-8827, to
amendment H-8796, filed by her and Sukup of Franklin from the
floor and moved its adoption:

H-8827

 1     Amend the amendment, H-8796, to Senate File 2391,
 2   as amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  Page 11, line 20, by striking the words
 5   "individual if" and inserting the following:
 6   "individual by certified mail, return receipt
 7   requested, if".
Amendment H-8827 was adopted.
The House stood at ease at 6:22 p.m., until the fall of the
gavel.
The House resumed session at 6:25 p.m., Rants of Woodbury in the
chair.
Osterhaus of Jackson offered the following amendment H-8828, to
amendment H-8796, filed by him from the floor and moved its
adoption:

H-8828

 1     Amend the amendment, H-8796, to Senate File 2391,
 2   as amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  Page 1, line 35, by inserting after the figure
 5   "155A" the following:  "or if the substance was
 6   dispensed by a pharmacist without a prescription
 7   pursuant to the rules of the board of pharmacy
 8   examiners".
 9     2.  Page 1, line 37, by inserting after the word
10   "practitioner" the following:  "or pharmacist".
11     3.  Page 1, line 42, by inserting after the word
12   "prescribed" the following:  "or dispensed".
Amendment H-8828 was adopted.
Holveck of Polk offered the following amendment H-8829, to
amendment H-8796, filed by him from the floor and moved its
adoption:

H-8829

 1     Amend the amendment, H-8796, to Senate File 2391,
 2   as amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  Page 4, by striking line 25 and inserting the
 5   following:  "alcohol concentration, or may take a
 6   specimen of a person's urine for the purpose of
 7   determining the presence of a controlled".
 8     2.  Page 6, line 30, by inserting after the word
 9   "device" the following:  "intended to determine
10   alcohol concentration".
Amendment H-8829 was adopted.
Lamberti of Polk asked and received unanimous consent that
amendment H-8796, as amended, be deferred.
Lamberti of Polk offered the following amendment H-8786 filed by
him and moved its adoption:

H-8786

 1     Amend Senate File 2391, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, line 16, by inserting after the word
 4   "sentence" the following:  "of incarceration".
 5     2.  Page 1, line 18, by inserting after the word
 6   "sentence" the following:  "not involving
 7   incarceration".
 8     3.  Page 2, line 21, by inserting after the word
 9   "sentence" the following:  "of incarceration".
10     4.  Page 2, line 23, by inserting after the word
11   "sentence" the following:  "not involving
12   incarceration".
Amendment H-8786 was adopted.
Kremer of Buchanan offered the following amendment H-8502 filed
by him and moved its adoption:

H-8502

 1     Amend Senate File 2391 as follows:
 2     1.  Page 1, by inserting before line 31 the
 3   following:
 4     "Sec. 101.  Section 321J.4, Code Supplement 1997,
 5   is amended by adding the following new subsection:
 6     NEW SUBSECTION.  10.  Notwithstanding the
 7   requirement in subsections 2, 4, and 8 for a court
 8   order for an individual to install an ignition
 9   interlock device as a prerequisite to obtaining a
10   temporary restricted license, such requirement shall
11   apply only to offenses committed on or after July 1,
12   1997."
13     2.  Page 3, line 2, by striking the word "DATE."
14   and inserting the following:  "AND APPLICABILITY
15   DATES.  Section 101 of this Act is retroactively
16   applicable to July 1, 1997, and is applicable on and
17   after that date."
18     3.  Title page, lines 7 and 8, by striking the
19   words "and providing an effective date" and inserting
20   the following:  "providing a limitation on the
21   applicability of the requirement for an ignition
22   interlock device as a prerequisite to obtaining a
23   temporary restricted license, and providing effective
24   and retroactive applicability dates".
25     4.  By renumbering as necessary.
Amendment H-8502 was adopted.
Heaton of Henry offered amendment H-8752 filed by him and
requested division as follows:

H-8752

 1     Amend Senate File 2391, as amended, passed, and
 2   reprinted by the Senate, as follows:

H-8752A

 3     1.  Page 1, by inserting before line 31 the
 4   following:
 5     "Sec. 101.  Section 321J.4, subsection 9, Code
 6   Supplement 1997, is amended by adding the following
 7   new unnumbered paragraph:
 8     NEW UNNUMBERED PARAGRAPH.  Notwithstanding any
 9   provision of this chapter to the contrary, the court
10   may order the department to issue a temporary
11   restricted license to a person otherwise eligible for
12   a temporary restricted license under this subsection,
13   whose period of revocation under this chapter has
14   expired, but who has not met all requirements for
15   reinstatement of the person's motor vehicle license or
16   nonresident operating privileges.
17     Sec. 102.  Section 321J.20, Code Supplement 1997,
18   is amended by adding the following new subsection:
19     NEW SUBSECTION.  7.  Notwithstanding any provision
20   of this chapter to the contrary, the department may
21   issue a temporary restricted license to a person
22   otherwise eligible for a temporary restricted license
23   under this section, whose period of revocation under
24   this chapter has expired, but who has not met all
25   requirements for reinstatement of the person's motor
26   vehicle license or nonresident operating privileges."
27     2.  Page 3, by inserting before line 2 the
28   following:
29     "Sec. ___.  RETROACTIVE APPLICABILITY.  Sections
30   101 and 102 of this Act are retroactively applicable
31   to July 1, 1997, and are applicable on and after that
32   date."

H-8752B

33     3.  Title page, line 8, by inserting after the
34   word "date" the following:  "and a retroactive
35   applicability date".

H-8752A

36     4.  By renumbering as necessary.
Heaton of Henry asked and received unanimous consent to withdraw
amendment H-8752B.
Heaton of Henry moved the adoption of amendment H-8752A.
Amendment H-8752A was adopted.
The House resumed consideration of amendment H-8796, as amended.
Fallon of Polk rose on a point of order that amendment H-8796
was not germane.
The Speaker ruled the point well taken and amendment H-8796 not
germane.
Siegrist of Pottawattamie asked and received unanimous consent
to suspend the rules to consider amendment H-8796, as amended.
The House stood at ease at 8:12 p.m., until the fall of the
gavel.
The House resumed session at 8:14 p.m., Rants of Woodbury in the
chair.
Bernau of Story offered the following amendment H-8833, to
amendment H-8796, filed by him and Sukup of Franklin from the
floor and moved its adoption:

H-8833

 1     Amend the amendment, H-8796, to Senate File 2391,
 2   as amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  Page 2, by inserting before line 27 the
 5   following:
 6     "Sec. ___.  Section 321J.5, Code 1997, is amended
 7   by adding the following new subsection:
 8     NEW SUBSECTION.  1A.  When a peace officer has
 9   reasonable grounds to believe that a motor vehicle
10   operator may be violating or has violated section
11   321J.2, subsection 1, paragraph "c", the peace officer
12   may request that the operator provide a sample of the
13   operator's urine for a preliminary screening test.
14   The department of public safety shall adopt nationally
15   accepted standards for determining detectable levels
16   of controlled substances in an initial screening test
17   for controlled substances."
18     2.  Page 3, by inserting before line 8 the
19   following:
20     "Sec. ___.  Section 321J.6, subsection 1, Code
21   1997, is amended by adding the following new
22   paragraph:
23     NEW PARAGRAPH.  h.  The preliminary urine screening
24   test indicates a detectable amount of a controlled
25   substance."
Amendment H-8833 was adopted.
Lamberti of Polk moved the adoption of amendment H-8796, as
amended.
Amendment H-8796, as amended, was adopted.
Lamberti of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 2391)

The ayes were, 96:

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

The nays were, 3:

Dotzler 	Fallon 	Ford 

Absent or not voting, 1:

Meyer

The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.

IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2391 be immediately messaged to the Senate.
Speaker Corbett in the chair at 8:28 p.m.
The House resumed consideration of House File 2539, a bill for
an act relating to and making appropriations to the justice
system and providing effective dates, previously deferred, and
amendment H-8725 (found on page 1088 of the House Journal)
pending.
Moreland of Wapello moved the adoption of amendment H-8725.
Roll call was requested by Schrader of Marion and Garman of
Story.
On the question "Shall amendment H-8725 be adopted?" (H.F. 2539)

The ayes were, 46:

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

The nays were, 54:

Arnold 	Barry 	Blodgett 	Boddicker 
Boggess 	Bradley 	Brauns 	Brunkhorst 
Carroll 	Churchill 	Cormack 	Dinkla 
Dix 	Dolecheck 	Drake 	Eddie 
Fallon 	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 
Welter 	Mr. Speaker
	  Corbett

Absent or not voting, none.

Amendment H-8725 lost.
Millage of Scott asked and received unanimous consent to
withdraw amendment H-8785 filed by him on March 30, 1998.
The House resumed consideration of amendment H-8742B.
Garman of Story rose on a point of order that amendment H-8742B
was not germane.
The Speaker ruled the point well taken and amendment H-8742B not
germane.
Whitead of Woodbury asked for unanimous consent to suspend the
rules to consider amendment H-8742B.
Objection was raised.
Whitead of Woodbury moved to suspend the rules to consider
amendment H-8742B.
Roll call was requested by Schrader of Marion and Murphy of
Dubuque.
On the question "Shall the rules be suspended to consider
amendment H-8742B?" (H.F. 2539)

The ayes were, 45:

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

The nays were, 53:

Arnold 	Barry 	Blodgett 	Boddicker 
Boggess 	Bradley 	Brauns 	Brunkhorst 
Carroll 	Churchill 	Cormack 	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, 2:

Dinkla 	Ford 

The motion to suspend the rules lost.
Doderer of Johnson offered amendment H-8788 filed by her and
Kreiman of Davis as follows:

H-8788

 1     Amend House File 2539 as follows:
 2     1.  Page 34, by inserting after line 27 the
 3   following:
 4     "Sec. 101.  NEW SECTION.  249A.50  STATE RECOVERY
 5   OF TOBACCO-RELATED MEDICAL ASSISTANCE PAYMENTS.
 6     1.  For purposes of this section:
 7     a.  "Manufacturer" means any person engaged in the
 8   process of designing, fabricating, assembling,
 9   producing, constructing, or otherwise preparing a
10   product containing tobacco, including any packaging or
11   labeling or repackaging or relabeling of such a
12   product, with the intention of selling the product for
13   gain or profit.  "Manufacturer" does not include
14   persons whose activity is limited to growing natural
15   leaf tobacco or to selling tobacco products at
16   wholesale or retail to consumers.
17     b.  "Tobacco" means any tobacco product, including
18   but not limited to loose tobacco suitable for smoking,
19   snuff, snuff flour, cavendish, plug and twist tobacco,
20   fine cuts and other chewing tobaccos, shorts, refuse
21   scraps, clippings, cuttings, and sweepings of tobacco,
22   and other kinds and forms of tobacco suitable for
23   chewing and smoking, including cigars and cigarettes.
24     2.  The state and the department shall be entitled
25   to bring an action against and recover in full from
26   any manufacturer which caused in fact any injury,
27   disease, or disability arising from or connected with
28   the use of tobacco by recipients of medical
29   assistance, for the full amount of medical assistance
30   paid under this chapter on behalf of such recipients,
31   and for other relief, including legal and
32   administrative fees and expenses.  The attorney
33   general may institute a civil action to enforce the
34   rights conferred by this section.  The right of
35   recovery of the state and the department under this
36   section is independent from and not derivative of any
37   right or claim of the individual recipients of medical
38   assistance.
39     a.  The court shall do all of the following:
40     (1)  Shall permit evidence, proof, and argument as
41   to causation and amount of damages by and through
42   statistical analysis or other methods of scientific or
43   statistical proof.
44     (2)  Shall not require proof of causation and
45   damages as to individual recipients.
46     b.  The state or department may recover damages
47   against manufacturers based upon an aggregation of or
48   a reasonable estimation of payments made on behalf of
49   recipients of medical assistance.  Apportionment of
50   damages among defendants shall be according to a

Page 2  

 1   manufacturer's respective share of the market for
 2   tobacco within the state.
 3     c.  Trial shall be by jury, if either party demands
 4   a jury."
 5     2.  Page 37, by inserting after line 10 the
 6   following:
 7     "Sec. 201.  EFFECTIVE DATE AND APPLICABILITY.
 8   Section 101 of this Act, being deemed of immediate
 9   importance, takes effect upon enactment and applies to
10   medical assistance paid on or after the effective date
11   of this Act.  Section 101 of this Act shall not affect
12   the common law rights of the state or the department,
13   if any."
14     3.  Title page, line 2, by inserting after the
15   word "system" the following:  ",providing a civil
16   cause of action to recover medical assistance payments
17   made due to injury, disease, or disability caused by
18   the use of tobacco,".
19     4.  By renumbering as necessary.
Millage of Scott rose on a point of order that amendment H-8788
was not germane.
The Speaker ruled the point well taken and amendment H-8788 not
germane.
Schrader of Marion moved to suspend the rules to consider
amendment H-8788.
Roll call was requested by Schrader of Marion and Garman of
Story.
On the question "Shall the rules be suspended to consider
amendment H-8788?" (H.F. 2539)

The ayes were, 43:

Bell 	Bernau 	Brand 	Bukta 
Burnett 	Chapman 	Cohoon 	Connors 
Doderer 	Dotzler 	Drees 	Falck 
Fallon 	Foege 	Ford 	Frevert 
Holveck 	Huser 	Jochum 	Kinzer 
Koenigs 	Kreiman 	Larkin 	Mascher 
May 	Moreland 	Mundie 	Murphy 
Myers 	O'Brien 	Osterhaus 	Reynolds-Knight 
Richardson 	Scherrman 	Schrader 	Shoultz 
Taylor 	Thomas 	Warnstadt 	Weigel 
Whitead 	Wise 	Witt 
The nays were, 56:

Arnold 	Barry 	Blodgett 	Boddicker 
Boggess 	Bradley 	Brauns 	Brunkhorst 
Carroll 	Cataldo 	Chiodo	Churchill 
Cormack 	Dinkla 	Dix 	Dolecheck 
Drake 	Eddie 	Garman 	Gipp 
Greig 	Greiner 	Gries 	Grundberg 
Hahn 	Hansen 	Holmes 	Houser 
Huseman 	Jacobs 	Jenkins 	Klemme 
Kremer 	Lamberti 	Larson 	Lord 
Martin 	Mertz 	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:

Heaton 

The motion to suspend the rules lost.
Kreiman of Davis offered amendment H-8791 filed by him as
follows:

H-8791

 1     Amend House File 2539, as follows:
 2     1.  Page 34, by inserting after line 27 the
 3   following:
 4     "Sec. ___.  Section 602.6405, Code 1997, is amended
 5   by adding the following new subsection:
 6     NEW SUBSECTION.  3.  If a magistrate does not elect
 7   to have a contested proceeding electronically recorded
 8   and the proceeding is not reported by a certified
 9   court reporter, the magistrate shall advise each party
10   prior to the commencement of the proceeding of the
11   party's right to cause the proceeding to be
12   electronically recorded.  Any recording made by the
13   parties pursuant to this subsection shall be filed
14   with the magistrate immediately following the hearing
15   and may be used in any appeal of the proceeding by
16   either party in accordance with the applicable rules
17   of procedure.
18     Sec. ___.  Section 631.11, subsection 3, Code 1997,
19   is amended to read as follows:
20     3.  RECORD.  Upon the trial, the judicial
21   magistrate shall make detailed minutes of the
22   testimony of each witness and append the exhibits or
23   copies thereof to the record.  The proceedings upon
24   trial shall not be reported by a certified court
25   reporter, unless the party provides the reporter at
26   such party's expense.  The magistrate, in the
27   magistrate's discretion, may cause the proceedings
28   upon trial to be reported electronically.  If the
29   proceedings are being electronically recorded both
30   parties shall be notified in advance of that
31   recording.  If a magistrate does not elect to have a
32   contested proceeding electronically recorded and the
33   proceeding is not reported by a certified court
34   reporter, the magistrate shall advise each party prior
35   to the commencement of the proceeding of the party's
36   right to cause the proceeding to be electronically
37   recorded.  Any recording made by the parties pursuant
38   to this subsection shall be filed with the magistrate
39   immediately following the hearing and may be used in
40   any appeal of the proceeding by either party in
41   accordance with the applicable rules of procedure.  If
42   the proceedings have been reported electronically the
43   recording shall be retained under the jurisdiction of
44   the magistrate unless appealed, and upon appeal shall
45   be transcribed only by a person designated by the
46   court under the supervision of the magistrate."
47     2.  By renumbering as necessary.
Millage of Scott rose on a point of order that amendment H-8791
was not germane.
The Speaker ruled the point well taken and amendment H-8791 not
germane.
Thomas of Clayton offered amendment H-8794 filed by him from the
floor as follows:

H-8794

 1     Amend House File 2539 as follows:
 2     1.  Page 34, by inserting after line 27 the
 3   following:
 4     "Sec. ___.  DIVISION OF CRIMINAL AND JUVENILE
 5   JUSTICE PLANNING - LOCAL CORRECTIONS INFRASTRUCTURE
 6   FUND.  There is appropriated from the general fund of
 7   the state to the department of human rights, division
 8   of criminal and juvenile justice planning for the
 9   fiscal year beginning July 1, 1998, and ending June
10   30, 1999, the following amount, or so much thereof as
11   is necessary, to be used for the purpose designated:
12     For deposit in the local corrections infrastructure
13   revolving fund established in section 905A.1:
14  		 $	  3,500,000
15     Sec. ___.  NEW SECTION.  905A.1  LOCAL CORRECTIONS
16   INFRASTRUCTURE REVOLVING FUND.
17     1.  A local corrections infrastructure revolving
18   fund is created in the office of the treasurer of
19   state to provide grants, loans, or loan guarantees to
20   eligible recipients for the purposes provided in this
21   section.  The fund is under the authority of the
22   division of criminal and juvenile justice planning of
23   the department of human rights.  The division shall
24   adopt rules pursuant to chapter 17A as necessary to
25   administer the revolving fund and to establish
26   criteria for providing grants, loans, or loan
27   guarantees from the fund.  In establishing criteria,
28   the division shall give preference to cities or
29   counties willing to provide a local match for moneys
30   provided from the revolving fund.  Notwithstanding
31   section 8.33, moneys in the fund at the end of a
32   fiscal year shall not revert to any other fund or to
33   the general fund of the state but shall remain in the
34   revolving fund.  The fund shall consist of all
35   appropriations, grants, or gifts received by the
36   division specifically for use as provided by this
37   section and all repayments of loans or grants made
38   under this section.
39     2.  A grant, loan, or loan guarantee authorized by
40   this section shall be utilized for any or all of the
41   following projects:
42     a.  A county jail.
43     b.  A regional or multicounty jail.
44     c.  A county juvenile detention or shelter care
45   home, including retirement of outstanding debt for
46   such a home.
47     d.  A regional or multicounty juvenile detention or
48   shelter care home.
49     3.  For purposes of this section, "eligible
50   recipients" means a city or county which expends funds

Page 2  

 1   for incarceration or supervision of individuals
 2   charged with or convicted of a felony, an aggravated
 3   misdemeanor, or a serious misdemeanor, or one or more
 4   cities or counties as described in this subsection
 5   within a judicial election district as described in
 6   section 602.6109."
 7     2.  By renumbering as necessary.
Garman of Story rose on a point of order that amendment H-8794
was not germane.
The Speaker ruled the point well taken and amendment H-8794 not
germane.
Thomas of Clayton moved to suspend the rules to consider
amendment H-8794.
A non-record roll call was requested.
The ayes were 40, nays 49.
The motion to suspend the rules lost.
Kreiman of Davis offered amendment H-8798 filed by him from the
floor as follows:

H-8798

 1     Amend House File 2539 as follows:
 2     1.  Page 34, by inserting after line 27 the
 3   following:
 4     "Sec. ___.  Section 811.2, subsection 1, Code 1997,
 5   is amended by adding the following new unnumbered
 6   paragraph:
 7     NEW UNNUMBERED PARAGRAPH.  Any bailable defendant
 8   who is charged with unlawful possession, manufacture,
 9   delivery, or distribution of methamphetamine and is
10   ordered released shall be required, as a condition of
11   that release, to submit to a substance abuse
12   evaluation and follow any recommendations proposed in
13   the evaluation for appropriate substance abuse
14   treatment."
15     2.  By numbering and renumbering as necessary.
Garman of Story rose on a point of order that amendment H-8798
was not germane.
The Speaker ruled the point well taken and amendment H-8798 not
germane.
Kreiman of Davis moved to suspend the rules to consider
amendment H-8798.
A non-record roll call was requested.
The ayes were 39, nays 51.
The motion to suspend the rules lost.
Lamberti of Polk offered amendment H-8800 filed by him and
Welter of Jones, Myers of Johnson, Cormack of Webster, Heaton of
Henry, Garman of Story, Bell of Jasper, Larkin of Lee and
Richardson of Warren from the floor as follows:

H-8800

 1     Amend House File 2539 as follows:
 2     1.  Page 34, by inserting after line 27 the
 3   following:
 4     "Sec. 300.  Section 89.4, Code 1997, is amended by
 5   adding the following new subsection:
 6     NEW SUBSECTION.  4.  Jacketed direct or indirect
 7   fired vessels built and installed in accordance with
 8   the American Society of Mechanical Engineers Code,
 9   section VII, division 1, appendix 19, shall not be
10   considered boilers or power boilers for purposes of
11   this chapter and shall not be required to meet the
12   American Society of Mechanical Engineers standard for
13   controls and safety devices for automatically fired
14   boilers."
15     2.  Page 37, by inserting after line 10 the
16   following:
17     "___.  Section 300 of this Act, amending section
18   89.4, being deemed of immediate importance, takes
19   effect upon enactment."
20     3.  By renumbering as necessary.
Lamberti of Polk offered the following amendment H-8807, to
amendment H-8800, filed by him from the floor and moved its
adoption:

H-8807

 1     Amend the amendment, H-8800, to House File 2539 as
 2   follows:
 3     1.  Page 1, line 9, by striking the figure "VII"
 4   and inserting the following:  "VIII".
 5     2.  Page 1, line 14, by inserting after the word
 6   "boilers." the following:  "However, jacketed direct
 7   or indirect fired vessels as described in this
 8   subsection shall be subject to inspection under
 9   section 89.3 as pressure vessels."
Amendment H-8807 was adopted.
Lamberti of Polk moved the adoption of amendment H-8800, as
amended.
Amendment H-8800, as amended, was adopted.
Schrader of Marion offered the following amendment H-8797 filed
by him from the floor and moved its adoption:

H-8797

 1     Amend House File 2539 as follows:
 2     1.  Page 36, by inserting after line 17 the
 3   following:
 4     "Sec. 200.  DEPARTMENT OF CORRECTIONS ESCAPEE
 5   HEALTH CARE COSTS.  There is appropriated from the
 6   general fund of the state to the department of
 7   corrections for the fiscal year beginning July 1,
 8   1997, and ending June 30, 1998, the following amount,
 9   or so much thereof as is necessary, to be used for the
10   purpose designated:
11     For payment of assistance to counties for health
12   care costs billed to those counties for care provided
13   to escapees from a correctional facility administered
14   by the department due to injuries sustained by the
15   escapees in automobile accidents which occurred during
16   calendar year 1995:
17  		 $	     60,000
18     Counties eligible for assistance under this section
19   shall file a claim with the department for assistance
20   within 30 days of the effective date of this section.
21   The department shall identify those counties eligible
22   for assistance and approve warrants for payment of the
23   claims within 60 days of the effective date of this
24   section.  If the amount of the eligible claims exceeds
25   the amount appropriated in this section, payment of
26   the claims shall be prorated among the eligible
27   claims."
28     2.  Page 37, by inserting after line 10 the
29   following:
30     "___.  Section 200 of this Act, concerning an
31   appropriation to the department of corrections for
32   payment of assistance to counties for certain health
33   care costs of escapees, being deemed of immediate
34   importance, takes effect upon enactment."
35     3.  By renumbering as necessary.
Roll call was requested by Schrader of Marion and Garman of
Story.
On the question "Shall amendment H-8797 be adopted?" (H.F. 2539)

The ayes were, 47:

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 
Metcalf 	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 	Cormack 	Dinkla 
Dix 	Dolecheck 	Drake 	Eddie 
Garman 	Gipp 	Greig 	Greiner 
Gries 	Grundberg 	Hahn 	Hansen 
Heaton 	Holmes 	Houser 	Huseman 
Jacobs 	Jenkins 	Klemme 	Kremer 
Lamberti 	Larson 	Lord 	Martin 
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, none.

Amendment H-8797 lost.
Garman of Story offered the following amendment H-8763 filed by
her and moved its adoption:

H-8763

 1     Amend House File 2539 as follows:
 2     1.  Page 36, by inserting after line 24 the
 3   following:
 4     "Sec. ____.  PRIVATE INDUSTRY EMPLOYMENT OF INMATES
 5   STUDY.  The legislative council is requested to
 6   establish an interim study committee concerning
 7   private industry employment of inmates under the
 8   custody of the department of corrections.  The interim
 9   study shall include examination of the costs
10   associated with permitting private industry to lease
11   building space from the department of corrections for
12   the employment of inmates, the economic impact of
13   private industry employment, including the recoupment
14   of inmate earnings, on the department of corrections,
15   the benefits of private industry employment for
16   inmates, and the effect of permitting private industry
17   employment of inmates on private sector industry and
18   employment."
19     2.  By renumbering as necessary.
Amendment H-8763 was adopted.
Kreiman of Davis asked and received unanimous consent that
amendment H-8810 be deferred.
Kreiman of Davis offered amendment H-8811 filed by him from the
floor. Division was requested as follows:

H-8811

 1     Amend House File 2539 as follows:
H-8811A

 2     1.  Page 19, by striking line 23 and inserting the
 3   following:
 4  	"	 $	    140,576
 5     It is the intent of the general assembly that
 6   $57,000 of the moneys appropriated in this paragraph
 7   shall be used for increased costs associated with
 8   requiring persons to provide additional community
 9   service pursuant to section 300 of this Act."

H-8811B

10     2.  Page 34, by inserting after line 27 the
11   following:
12     "Sec. 300.  Section 124.401, subsection 5, Code
13   Supplement 1997, is amended to read as follows:
14     5.  It is unlawful for any person knowingly or
15   intentionally to possess a controlled substance unless
16   such substance was obtained directly from, or pursuant
17   to, a valid prescription or order of a practitioner
18   while acting in the course of the practitioner's
19   professional practice, or except as otherwise
20   authorized by this chapter.  Any person who violates
21   this subsection is guilty of a serious misdemeanor.
22   If the controlled substance is methamphetamine and the
23   violation is a first offense, the person shall perform
24   not less than forty hours of community service in
25   addition to the punishment prescribed in section 903.1
26   for serious misdemeanors.  If the controlled substance
27   is methamphetamine and the person has previously been
28   convicted of violating this subsection, the person
29   shall perform not less than eighty hours of community
30   service in addition to the punishment prescribed in
31   section 903.1.  If the controlled substance is
32   methamphetamine and the person has previously been
33   convicted two or more times of violating this
34   subsection, the person shall perform not less than
35   three hundred hours of community service in addition
36   to the punishment prescribed in section 903.1.
37     PARAGRAPH DIVIDED.  If the controlled substance is
38   marijuana, the punishment shall be by imprisonment in
39   the county jail for not more than six months or by a
40   fine of not more than one thousand dollars, or by both
41   such fine and imprisonment.  All or any part of a
42   sentence imposed pursuant to this section may be
43   suspended and the person placed upon probation upon
44   such terms and conditions as the court may impose
45   including the active participation by such person in a
46   drug treatment, rehabilitation or education program
47   approved by the court."
48     3.  By renumbering as necessary.
Kreiman of Davis asked and received unanimous consent that
amendment H-8811A be deferred.
Garman of Story rose on a point of order that amendment H-8811B
was not germane.
The Speaker ruled the point well taken and amendment H-8811B not
germane.
Kreiman of Davis asked for unanimous consent to suspend the
rules to consider amendment H-8811B.
Objection was raised.
Kreiman of Davis moved to suspend the rules to consider
amendment H-8811B.
Roll call was requested by Kreiman of Davis and Garman of Story.
On the question "Shall the rules be suspended to consider
amendment H-8811B?" (H.F. 2539)

The ayes were, 44:

Bell	Bernau 	Brand	Bukta 
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 	Witt 

The nays were, 54:

Arnold 	Barry 	Boddicker 	Boggess 
Bradley 	Brauns 	Brunkhorst 	Carroll 
Churchill 	Cormack 	Dinkla 	Dix 
Dolecheck 	Drake 	Eddie 	Garman 
Gipp 	Greig 	Greiner 	Gries 
Grundberg 	Hahn 	Hansen 	Heaton 
Holmes 	Houser 	Huseman 	Jacobs 
Jenkins 	Klemme 	Kremer 	Lamberti 
Larson 	Lord 	Martin 	Metcalf 
Meyer 	Millage 	Nelson 	Rants 
Rayhons 	Siegrist 	Sukup 	Teig 
Thomson 	Tyrrell 	Van Fossen 	Van Maanen 
Vande Hoef 	Veenstra 	Weidman 	Welter 
Wise 	Mr. Speaker
	  Corbett
Absent or not voting, 2:

Blodgett 	Burnett

The motion to suspend the rules lost.
Murphy of Dubuque asked and received unanimous consent to
withdraw amendment H-8779 filed by him on March 30, 1998.
Bell of Jasper asked and received unanimous consent to withdraw
amendment H-8783 filed by him on March 30, 1998, placing
amendment H-8795 filed by Carroll of Poweshiek from the floor
out of order.
Kreiman of Davis offered amendment H-8810 filed by him from the
floor. Division was requested as follows:

H-8810

 1     Amend House File 2539 as follows:

H-8810A

 2     1.  Page 12, by inserting after line 11 the
 3   following:
 4     "___.  For reimbursement of counties for
 5   confinement of persons pursuant to the requirements of
 6   section 400 of this Act:
 7  		 $	    274,000"

H-8810B

 8     2.  Page 34, by inserting after line 27 the
 9   following:
10     "Sec. 400.  Section 124.401, subsection 5, Code
11   Supplement 1997, is amended to read as follows:
12     5.  It is unlawful for any person knowingly or
13   intentionally to possess a controlled substance unless
14   such substance was obtained directly from, or pursuant
15   to, a valid prescription or order of a practitioner
16   while acting in the course of the practitioner's
17   professional practice, or except as otherwise
18   authorized by this chapter. Any person who violates
19   this subsection is guilty of a serious misdemeanor.
20   If the controlled substance is methamphetamine and the
21   violation is a first offense, the person shall be
22   imprisoned and shall serve not less than forty-eight
23   hours in the county jail.  If the controlled substance
24   is methamphetamine and the person has previously been
25   convicted of violating this subsection the person
26   shall be imprisoned and shall serve not less than
27   seven days in the county jail.  If the controlled
28   substance is methamphetamine and the person has
29   previously been convicted two or more times of
30   violating this subsection the person shall be
31   imprisoned and shall serve not less than thirty days
32   in the county jail.
33     PARAGRAPH DIVIDED.  If the controlled substance is
34   marijuana, the punishment shall be by imprisonment in
35   the county jail for not more than six months or by a
36   fine of not more than one thousand dollars, or by both
37   such fine and imprisonment. All or any part of a
38   sentence imposed pursuant to this section may be
39   suspended and the person placed upon probation upon
40   such terms and conditions as the court may impose
41   including the active participation by such person in a
42   drug treatment, rehabilitation or education program
43   approved by the court."
44     3.  By renumbering as necessary.
Kreiman of Davis asked and received unanimous consent that
amendment H-8810A be deferred.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-8811A.
The House resumed consideration of amendment H-8810B.
Garman of Story rose on a point of order that amendment H-8810B
was not germane.
The Speaker ruled the point well taken and amendment H-8810B not
germane.
Kreiman of Davis moved to suspend the rules to consider
amendment H-8810B.
Roll call was requested by Kreiman of Davis and Garman of Story.
On the question "Shall the rules be suspended to consider
amendment H-8810B?" (H.F. 2539)

The ayes were, 39:

Bell 	Bernau 	Brand 	Bukta 
Cataldo 	Chapman	Chiodo 	Cohoon 
Connors 	Doderer 	Dotzler 	Drees 
Falck 	Ford 	Frevert 	Holveck 
Jochum 	Kinzer 	Koenigs 	Kreiman 
Larson 	Mascher 	May 	Mertz 
Moreland	Mundie 	Murphy 	Myers 
O'Brien 	Osterhaus 	Reynolds-Knight 	Richardson 
Scherrman 	Schrader 	Taylor 	Thomas 
Warnstadt 	Weigel 	Whitead 
The nays were, 59:

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

Absent or not voting, 2:

Blodgett 	Burnett

The motion to suspend the rules lost. 
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-8810A.
Garman of Story moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 2539)

The ayes were, 96:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker 	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	Cataldo 	Chapman 
Chiodo 	Churchill 	Cohoon 	Connors 
Cormack 	Dinkla 	Dix 	Doderer 
Dolecheck 	Dotzler 	Drake 	Drees 
Eddie 	Falck 	Foege 	Frevert 
Garman 	Gipp 	Greig 	Greiner 
Gries 	Grundberg 	Hahn 	Hansen 
Heaton 	Holmes 	Holveck 	Houser 
Huseman 	Huser 	Jacobs 	Jenkins 
Jochum 	Kinzer 	Klemme 	Koenigs 
Kremer 	Lamberti 	Larkin 	Larson 
Lord 	Martin 	Mascher 	May 
Mertz 	Metcalf 	Meyer 	Millage 
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, 4:

Fallon 	Ford 	Kreiman 	Moreland 


Absent or not voting, none.
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2539 be immediately messaged to the Senate.
INTRODUCTION OF BILL
House File 2543, by committee on ways and means, a bill for
an act relating to the state inheritance tax by exempting
intangible personal property owned by an inhabitant of another
state; determining the net market value of transfers made within
three years of death as the net market value on the date of
transfer; exempting the tax only upon the portion of retirement
benefits and individual retirement accounts that will be subject
to federal income tax when paid; applying compromised
settlements for federal estate tax purposes the same for state
purposes; and requiring deferred estates to be recorded by the
department of revenue and finance if tax is not paid when tax
accrues; and providing an applicability date provision.
Read first time and placed on the ways and means 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 31, 1998, amended and passed the
following bill in which the concurrence of the House is asked:
House File 2211, a bill for an act relating to the liability for
and payment of medical costs and other expenses incurred by
certain prisoners and escapees.
Also: That the Senate has on March 31, 1998, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 2424, a bill for an act providing for the expansion
of the system of issuance of motor vehicle licenses by county
treasurers.
Also: That the Senate has on March 31, 1998, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 2454, a bill for an act relating to motor vehicle
operator proof of financial responsibility and providing an
effective date and for retroactive applicability.
Also: That the Senate has on March 31, 1998, passed the
following bill in which the concurrence of the Senate was asked:
House File 2476, a bill for an act providing for connection to
the Iowa communications network by the quad cities graduate
center.
Also: That the Senate has on March 31, 1998, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 2528, a bill for an act establishing a graduated
driver's license for young drivers, making penalties applicable,
creating an interim study committee, and including an
applicability provision and an effective date.
Also: That the Senate has on March 31, 1998, refused to concur
in the House amendment to the following bill in which the
concurrence of the Senate was asked:
Senate File 2295, a bill for an act relating to and making
appropriations for agriculture and natural resources and
providing an effective date.
MARY PAT GUNDERSON, Secretary
Siegrist of Pottawattamie asked and received unanimous consent
to place House File 2532 on the Regular Calendar. (This is a
leadership bill that was inadvertently removed from the
calendar.)
EXPLANATION OF VOTES
I was necessarily absent from the House chamber on the morning
of March 30, 1998. Had I been present, I would have voted "aye"
on House File 2272, Senate Files 2113, 2269 and 2348.
MORELAND of Wapello
I was necessarily absent from the House chamber on March 30,
1998. Had I been present, I would have voted "aye" on House File
2533.
RICHARDSON of Warren
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on March 31, 1998, he approved and transmitted to the Secretary
of State the following bills:
House File 58, an act relating to fees charged by an employer
for copies of items in an employee's personnel file.
House File 2146, an act establishing Iowa State Flag Day.
House File 2210, an act relating to energy conservation
including making appropriations of petroleum overcharge funds
and providing for the dissolution of the energy fund
disbursement council and intermodal revolving loan fund.
House File 2246, an act relating to the collection and payment
of fees and expenses of county medical examiners.
House File 2317, an act relating to drainage districts, by
providing for the maintenance, repair, or replacement of
improvements within drainage districts.
House File 2324, an act relating to the statutory elements of
certain forms of assault.
House File 2340, an act relating to the inclusion of dentists
and certain other medical specialists in the volunteer health
care provider program.
House File 2353, an act relating to exemptions from
distinguishing registration plates for motor vehicles.
House File 2412, an act relating to optometrists' reports to the
Department of Transportation concerning a person's ability to
operate a motor vehicle.
Senate File 2090, 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.
Senate File 2183, an act relating to a transfer of the records
management duties of the Department of General Services to the
Department of Cultural Affairs and making conforming changes.
Senate File 2184, an act relating to the disposal of cement kiln
dust at tonnage fee exempt solid waste disposal facilities.
Senate File 2220, an act relating to the definition of a chronic
runaway.
Senate File 2367, an act relating to county vital statistics by
providing for the issuance of marriage licenses and eliminating
the fee for county birth registrations.
Senate File 2373, an act relating to certain crimes against
persons, by permitting the retention as criminal history data of
acquittals, dismissals, or adjudications based on mental
condition if the charge involved injury to another, by providing
for the collection and dissemination of information on the
offense of stalking, by providing for the application of
enhanced stalking penalties for persons who are the subject of
certain restraining or protective orders and providing for the
issuance of no-contact orders against persons who are arrested
for the crimes of harassment or stalking and providing penalties.
SPECIAL PRESENTATIONS
Meyer of Sac presented to the House the former Representative
and Senator Wayne Bennett from Ida County.
Osterhaus of Jackson presented to the House four foreign
exchange students Jesper Nielsen, Denmark; Olivier Ansellmo,
Switzerland; Yves Meyer, Switzerland; Laurence Quintin, Belgium;
they were accompanied by Corryn Thola and Wanda Cornelius.
Welter of Jones presented to the House Marcy Machaciek, the
recipient of the Mother of the Year Award, accompanied by her
husband David, from Alburnett.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Twenty-eight students from Western Hills Elementary, West Des
Moines, accompanied by Mrs. Strentz.  By Jacobs of Polk.
Twenty-seven students from Western Hills Elementary, West Des
Moines, accompanied by Mrs. Huggins.  By Jacobs of Polk.
Three FFA members from Crestwood High School, Cresco,
accompanied by Neil Shaefer and Bart Brinks.  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\364	Lois and Robert McCulloh, Clinton - For celebrating
their 50th wedding anniversary.
1998\365	Helen R. Uthe, Boone - For celebrating her 80th
birthday.
1998\366	Don Raymond, Fairfield - For his 25 1/2 year career
with the Fairfield Police Department.
1998\367	Craig Lewis, Keokuk - For being named to the Class 3-A
Boys' Basketball All-State First Team.
1998\368	Julian Seay, Keokuk - For being named All-State
Honorable Mention in Class 3-A Boys' Basketball.
1998\369	Christy White, Thomas Jefferson High School, Council
Bluffs - For being named to the Council Bluffs First Team
All-City Girls' Basketball Team.
1998\370	Jennifer Rochelle, St. Albert High School, Council
Bluffs - For being named to the Council Bluffs First Team
All-City Girls' Basketball Team.
1998\371	Brandy Ficek, St. Albert High School, Council Bluffs -
For being named to the Council Bluffs First Team All-City Girls'
Basketball Team.
1998\372	Molly Parrott, Lewis Central High School, Council
Bluffs - For being named to the Council Bluffs First Team
All-City Girls' Basketball Team.
1998\373	Emily Reeder, Abraham Lincoln High School, Council
Bluffs - For being named to the Council Bluffs First Team
All-City Girls' Basketball Team.
1998\374	Molly Parrott, Council Bluffs - For being named Council
Bluffs Girls' Basketball Player of the Year.
1998\375	George and Marj Nuss, Sumner - For celebrating their
50th wedding anniversary.
1998\376	Russ Woodrick, Cedar Falls - For 28 years of service as
business representative for the International Association of
Machinists, beginning in 1970 as the youngest Machinists
business agent in the United States.
1998\377	Herb Saunders, Bonaparte - For nearly 50 years in the
telephone business.
1998\378	Chris Lownes, St. Albert High School, Council Bluffs -
For being named Council Bluffs Basketball Player of the Year.
1998\379	Chris Lownes, St. Albert High School, Council Bluffs -
For being named Council Bluffs Boys' Basketball First Team
All-City.
1998\380	Mike Rossbund, Abraham Lincoln High School, Council
Bluffs - For being named Council Bluffs Boys' Basketball First
Team All-City.
1998\381	Nick Brougham, Thomas Jefferson High School, Council
Bluffs - For being named Council Bluffs Boys' Basketball First
Team All-City.
1998\382	Eric Thomsen, Lewis Central High School, Council Bluffs
- For being named Council Bluffs Boys' Basketball First Team
All-City.
1998\383	Chad Schoening, St. Albert High School, Council Bluffs
- For being named Council Bluffs Boys' Basketball First Team
All-City.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports 
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON WAYS AND MEANS
Senate File 2061, a bill for an act relating to a delay in
implementing the inclusion of certain information on property
tax statements by providing a deferral application process and
providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-8801 March 31,
1998.
Senate File 2365, 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.
Fiscal Note is not required.
Recommended Do Pass March 31, 1998.
Committee Bill (Formerly House Study Bill 562), relating to the
state inheritance tax by treating stepchildren and adopted
children the same as biological children; exempting intangible
personal property owned by an inhabitant of another state;
determining the net market value of transfers made within three
years of death as the net market value on the date of transfer;
exempting the tax only upon the portion of retirement benefits
and individual retirement accounts that will be subject to
federal income tax when paid; applying compromised settlements
for federal estate tax purposes the same for state purposes; and
requiring deferred estates to be recorded by the department of
revenue and finance if tax is not paid when tax accrues; and
providing an applicability date provision.
Fiscal Note is not required.
Recommended Amend and Do Pass March 31, 1998.
RESOLUTION FILED
HR 103, by Corbett, Siegrist, Sukup, Nelson, Jacobs, Cormack,
Ford, Burnett, Mascher, Myers, Bernau, and Gipp, a resolution
congratulating the Drake Bulldogs, Iowa State Cyclones, and Iowa
Hawkeyes Women's Basketball Teams.
Laid over under Rule 25.
AMENDMENTS FILED

H-8801	S.F.	2061	Committee on Ways and
				  Means
H-8802	S.F.	2374	Boddicker of Cedar
H-8803	H.F.	2498	Jacobs of Polk
H-8804	H.F.	2498	Rants of Woodbury
H-8809	S.F.	2316	Van Fossen of Scott
H-8812	H.F.	2290	Dotzler of Black Hawk
H-8813	H.F.	2290	Dotzler of Black Hawk
H-8814	H.F.	2513	Myers of Johnson
H-8815	S.F.	58	Witt of Black Hawk
H-8816	S.F.	187	Fallon of Polk
				Boddicker of Cedar
H-8817	S.F.	2365	Van Fossen of Scott
				Millage of Scott
				Larson of Linn
H-8818	S.F.	2296	Larkin of Lee
				Cohoon of Des Moines
H-8819	S.F.	2374	Bernau of Story
H-8823	H.F.	2290	Dotzler of Black Hawk
H-8824	H.F.	2454	Senate Amendment
H-8825	H.F.	2424	Senate Amendment
H-8826	H.F.	2211	Senate Amendment
H-8830	H.F.	2498	Cataldo of Polk
				Richardson of Warren
H-8831	H.F.	2498	Martin of Scott
				Jacobs of Polk
				Brunkhorst of Bremer
				Burnett of Story
H-8832	H.F.	2528	Senate Amendment
H-8834	S.F.	58	Bernau of Story
H-8835	S.F.	58	Bernau of Story
H-8836	S.F.	58	Bernau of Story
H-8837	S.F.	58	Bernau of Story
H-8838	S.F.	2312	Barry of Harrison
				Murphy of Dubuque
H-8839	S.F.	58	Ford of Polk
H-8840	S.F.	2363	Ford of Polk
H-8841	S.F.	2381	Ford of Polk
				Brauns of Muscatine
On motion by Siegrist of Pottawattamie, the House adjourned at
10:40 p.m., until 8:45 a.m., Wednesday, April 1, 1998.

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