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House Journal: Wednesday, April 1, 1998

Eightieth Calendar Day - Fifty-fourth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, April 1, 1998
The House met pursuant to adjournment at 9:00 a.m., Speaker
Corbett in the chair.
Prayer was offered by Chaplain Jack Mauldin, Iowa Veterans Home,
Marshalltown.
The Journal of Tuesday, March 31, 1998 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Chapman of Linn, until her arrival, on request of Bernau of
Story.
On motion by Siegrist of Pottawattamie, the House was recessed
at 9:05 a.m., until 10:30 a.m.
LATE MORNING SESSION
The House reconvened at 10:40 a.m., Speaker Corbett in the chair.
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, passed the following bill in
which the concurrence of the Senate was asked:
House File 2135, a bill for an act relating to a mid-America
port commission agreement and providing an effective date.
Also: That the Senate has on April 1, 1998, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2257, a bill for an act relating to the regulation
of and motor vehicle operation on the roads and streets of this
state by providing for the classification of the system of roads
and streets, authorizing easements on state-controlled lands,
providing for the admissibility of official records of the state
department of transportation, regulating motor vehicles and
motor vehicle dealers, authorizing maintenance vehicles to stop
or park on the traveled way of the roadway, allowing single
trucks a variance on their maximum length, administering of
motor vehicle laws by the state department of transportation
concerning motor vehicle dealer sales, multiyear vehicle and
vehicle dealer licensing, requiring the payment of certain civil
penalties before issuance of temporary restricted licenses, and
modifying the compilation requirements for airport sufficiency
ratings.
Also: That the Senate has on April 1, 1998, amended the House
amendment, concurred in the House amendment as amended, and
passed the following bill in which the concurrence of the House
is asked:
Senate File 2321, a bill for an act relating to the
confidentiality of certain records and reports held by the labor
commissioner.
MARY PAT GUNDERSON, Secretary

CONSIDERATION OF BILLS
Unfinished Business Calendar
Senate File 2052, a bill for an act relating to programs
involving government finance, by providing for the issuance of
private activity bonds to administer programs by governmental
entities, including the Iowa agricultural development authority
and political subdivisions, and providing program assistance to
beginning farmers, with report of committee recommending
amendment and passage, was taken up for consideration.
Klemme of Plymouth asked and received unanimous consent that the
committee amendment H-8360 be deferred.
Rants of Woodbury asked and received unanimous consent that
amendment H-8126 and amendment H-8139 be deferred.
Warnstadt of Woodbury offered amendment H-8717 filed by
Warnstadt, et al., as follows:

H-8717

 1     Amend Senate File 2052, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  By striking page 1, line 1, through page 2,
 4   line 7, and inserting the following:
 5     "Sec. ___.  Section 7C.4A, Code 1997, is amended to
 6   read as follows:
 7     7C.4A  ALLOCATION OF STATE CEILING.
 8     For each calendar year, the The state ceiling
shall
 9   be allocated among bonds issued for various purposes
10   as follows:
11     1.  For each calendar year, ninety-seven percent of
12   the first one hundred fifty million dollars of the
13   state ceiling shall be allocated as follows:
14     a.  Thirty percent of the state ceiling amount
15   shall be allocated solely to the Iowa finance
16   authority for the following purposes:
17     a. (1)  Issuing qualified mortgage bonds.
18     b. (2)  Reallocating the amount, or any portion
19   thereof, to another qualified political subdivision
20   for the purpose of issuing qualified mortgage bonds;
21   or
22     c. (3)  Exchanging the allocation, or any portion
23   thereof, for the authority to issue mortgage credit
24   certificates by election under section 25(c) of the
25   Internal Revenue Code.
26     However, at any time during the calendar year the
27   executive director of the Iowa finance authority may
28   determine that a lesser amount need be allocated to
29   the Iowa finance authority and on that date this
30   lesser amount shall be the amount allocated to the
31   authority and the excess shall be allocated under
32   subsection 6 3.
33     2. b.  Twelve percent of the state ceiling
amount
34   shall be allocated to bonds issued to carry out
35   programs established under chapters 260C, 260E, and
36   260F.  However, at any time during the calendar year
37   the director of the Iowa department of economic
38   development may determine that a lesser amount need be
39   allocated and on that date this lesser amount shall be
40   the amount allocated for those programs and the excess
41   shall be allocated under subsection 6 3.
42     3. c.  Sixteen percent of the state ceiling
amount
43   shall be allocated to qualified student loan bonds.
44   However, at any time during the calendar year the
45   governor's designee, with the approval of the Iowa
46   student loan liquidity corporation, may determine that
47   a lesser amount need be allocated to qualified student
48   loan bonds and on that date the lesser amount shall be
49   the amount allocated for those bonds and the excess
50   shall be allocated under subsection 6 3.

Page 2  

 1     4. d.  Sixteen Twenty-one percent of the
state
 2   ceiling amount shall be allocated to qualified small
 3   issue bonds issued for first-time farmers.  However,
 4   at any time during the calendar year the governor's
 5   designee, with the approval of the Iowa agricultural
 6   development authority, may determine that a lesser
 7   amount need be allocated to qualified small issue
 8   bonds for first-time farmers and on that date this
 9   lesser amount shall be the amount allocated for those
10   bonds and the excess shall be allocated under
11   subsection 6 3.
12     e.  Eighteen percent of the amount shall be
13   allocated to bonds issued by political subdivisions to
14   finance a qualified industry or industries for the
15   manufacturing, processing, or assembly of agricultural
16   or manufactured products even though the processed
17   products may required further treatment before
18   delivery to the ultimate consumer.
19     5. 2.  During the period of January 1 through
20   October 25 June 30, five three percent of
the first
21   one hundred fifty million dollars of the state ceiling
22   shall be reserved for private activity bonds issued by
23   political subdivisions, the proceeds of which are used
24   by the issuing political subdivisions.  During that
25   period, the reserved percentage shall not be allocated
26   for a purpose provided in subsection 1.
27     6. 3.  a.  The amount of the state ceiling
which is~ `
28   not otherwise allocated under subsections this
29   section, including any amount above the first one
30   hundred fifty million dollars of the state ceiling as
31   provided in this section, any amount under subsection
32   1 through 4 which is not allocated, and after
October
33   25 June 30, the any amount of the state
ceiling
34   reserved under subsection 5 and 2 which is not
35   allocated, shall be allocated to all bonds requiring
36   an allocation under section 146 of the Internal
37   Revenue Code without priority for any type of bond
38   over another, except as otherwise provided in sections
39   7C.5 and 7C.11.
40     b.  The population of the state shall be determined
41   in accordance with the Internal Revenue Code.
42     Sec. ___.  Section 7C.5, Code 1997, is amended to
43   read as follows:
44     7C.5  FORMULA FOR ALLOCATION.
45     Except as provided in section 7C.4A, subsections
46   subsection 1 through 4, the state ceiling shall be
47   allocated among all political subdivisions on a
48   statewide basis on the basis of the chronological
49   orders of receipt by the governor's designee of the
50   applications described in section 7C.6 with respect to

Page 3

 1   a definitive issue of bonds, as determined by the day,
 2   hour, and minute time-stamped on the application
 3   immediately upon receipt by the governor's designee.
 4   However, for the period January 1 through October 25
 5   June 30 of each year, allocations to bonds for which
 6   an amount of the state ceiling has been reserved
 7   pursuant to section 7C.4A, subsection 5 2, shall be
 8   made to the political subdivisions submitting the
 9   applications first from the reserved amount until the
10   reserved amount has been fully allocated and then from
11   the amount specified in section 7C.4A, subsection 6
3.
12     Sec. ___.  Section 7C.6, unnumbered paragraph 1,
13   Code 1997, is amended to read as follows:
14     A political subdivision which proposes to issue
15   bonds for a particular project or purpose for which an
16   allocation of the state ceiling is required and has
17   not already been made under section 7C.4A, subsections
18   subsection 1 through 4, must make an application for
19   allocation before issuance of the bonds.  The
20   application may be made by the political subdivision
21   or its representative, the beneficiary of the project
22   or purpose, or by a person acting on behalf of the
23   beneficiary.  The application shall be submitted to
24   the governor's designee, in the form prescribed by the
25   governor's designee.  The application shall contain,
26   where appropriate, the following information:
27     Sec. ___.  Section 7C.7, subsection 1, Code 1997,
28   is amended to read as follows:
29     1.  If the bonds are issued and delivered for the
30   purpose or project within the thirty-day period or the
31   forty-five day extension period provided in subsection
32   2, the political subdivision or its representative
33   shall within ten days following the issuance and
34   delivery of the bonds or not later than October 25
35   June 30 of that year, if the bonds were issued and
36   delivered on or before that date, file with the
37   governor's designee, in the form or manner the
38   governor's designee may prescribe, a notification of
39   the date of issuance and the delivery of the bonds,
40   and the actual principal amount of bonds issued and
41   delivered.  The filing of the notification shall be
42   done by actual delivery or by posting in a United
43   States post office depository with correct first class
44   postage paid.  If the actual principal amount of bonds
45   issued and delivered is less than the amount of the
46   allocation, the amount of the allocation is
47   automatically reduced to the actual principal amount
48   of the bonds issued and delivered."
49     2.  By renumbering as necessary.
Warnstadt of Woodbury offered the following amendment H-8766, to
amendment H-8717, filed by him and moved its adoption:

H-8766

 1     Amend amendment H-8717, to Senate file 2052, as
 2   amended, passed and reprinted by the Senate as
 3   follows:
 4     1.  Page 2, line 17, by striking the word
 5   "required" and inserting the word "require".
Amendment H-8766 was adopted.
Warnstadt of Woodbury moved the adoption of amendment H-8717, as
amended.
Amendment H-8717, as amended, was adopted placing out of order
the following amendments:
Committee amendment H-8360 filed by the committee on agriculture
on March 12, 1998.
Amendment H-8609, to the committee amendment H-8360, filed by
Klemme of Plymouth on March 24, 1998.
Amendment H-8530, to the committee amendment H-8360, filed by
Warnstadt of Woodbury on March 20, 1998.
Amendment H-8126 filed by Rants of Woodbury on February 26, 1998.
Amendment H-8139 filed by Rants of Woodbury on February 27, 1998.
Klemme of Plymouth moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 2052)

The ayes were, 99:

Arnold 	Barry 	Bell 	Bernau	Blodgett 	Boddicker 	Boggess
	Bradley 	Brand 	Brauns 	Brunkhorst 	Bukta 	Burnett 	Carroll
	Cataldo 	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, 1:

Chapman
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2052 be immediately messaged to the Senate.
Senate File 2399, a bill for an act providing for the merger of
a limited partnership with other business entities, with report
of committee recommending passage, was taken up for
consideration.
Sukup of Franklin 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. 2399)

The ayes were, 99:

Arnold 	Barry 	Bell 	Bernau 	Blodgett 	Boddicker 	Boggess
	Bradley 	Brand 	Brauns 	Brunkhorst 	Bukta 	Burnett 	Carroll
	Cataldo 	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, 1:

Chapman 
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 2001 WITHDRAWN
Thomas of Clayton asked and received unanimous consent to
withdraw House File 2001 from further consideration by the House.
Ways and Means Calendar
Senate File 2364, a bill for an act relating to the sales,
services, and use taxes exemption for the sales of food and
beverages for human consumption by certain organizations,
providing refunds, and including effective and retroactive
applicability date provisions, with report of committee
recommending passage, was taken up for consideration.

Greig of Emmet moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 2364)

The ayes were, 97:

Arnold 	Barry 	Bell 	Bernau 	Blodgett 	Boddicker 	Boggess
	Bradley 	Brand 	Brauns 	Brunkhorst 	Bukta 	Burnett 	Carroll
	Cataldo	Churchill 	Cohoon 	Connors 	Cormack 	Dinkla 	Dix
	Dolecheck 	Dotzler 	Drake 	Drees 	Eddie 	Falck 	Fallon 	Foege
	Ford 	Frevert 	Garman 	Gipp 	Greig 	Greiner 	Gries 	Grundberg
	Hahn 	Hansen	Heaton 	Holmes 	Holveck 	Houser 	Huseman 	Huser
	Jacobs 	Jenkins 	Jochum 	Kinzer 	Klemme 	Koenigs 	Kreiman
	Kremer 	Lamberti 	Larkin 	Larson 	Lord 	Martin 	Mascher 	May
	Mertz 	Metcalf 	Meyer 	Millage 	Moreland 	Mundie 	Murphy 	Myers
	Nelson 	O'Brien 	Osterhaus 	Rants 	Rayhons 	Reynolds-Knight
	Richardson 	Scherrman 	Schrader 	Shoultz 	Siegrist 	Sukup
	Taylor 	Teig 	Thomas 	Thomson 	Tyrrell 	Van Fossen 	Van Maanen
	Vande Hoef 	Veenstra 	Warnstadt 	Weidman 	Weigel 	Welter
	Whitead 	Wise 	Witt 	Mr. Speaker
  Corbett
The nays were, 1:

Doderer 

Absent or not voting, 2:

Chapman 	Chiodo
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 2399 and 2364.
The House stood at ease at 11:08 a.m., until the fall of the
gavel.
The House resumed session at 11:50 a.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-seven members present,
thirty-three absent.
Unfinished Business Calendar
Senate File 2277, a bill for an act providing for exceptions to
municipal tort liability for skateboarding, with report of
committee recommending passage, was taken up for consideration.
Fallon of Polk offered the following amendment H-8704 filed by
Fallon, et al., and moved its adoption:

H-8704

 1     Amend Senate File 2277, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, line 7, by inserting after the word
 4   "skateboarding" the following:  "or in-line skating".
 5     2.  Page 1, line 14, by inserting after the word
 6   "skateboarding" and inserting the following:  "or in-
 7   line skating".
 8     3.  Page 1, line 15, by striking the word
 9   "skateboarding" and inserting the following:  "the
10   skateboarding or in-line skating".
11     4.  Title page, line 2, by inserting after the
12   word "skateboarding" the following:  "and in-line
13   skating".
Amendment H-8704 was adopted.
Veenstra of Sioux in the chair at 12:00 p.m.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2277 be deferred and that the bill retain its
place on the calendar.
On motion by Siegrist of Pottawattamie, the House was recessed
at 12:20 p.m., until 1:30 p.m.
AFTERNOON SESSION
The House reconvened at 1:37 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 fifty-two members present,
forty-eight absent.
Senate File 2294, a bill for an act relating to the payment of
snowmobile and all-terrain vehicle title fees, with report of
committee recommending passage, was taken up for consideration.
Rayhons of Hancock moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 2294)

The ayes were, 97:

Arnold 	Barry 	Bell	Bernau	Blodgett 	Boddicker 	Boggess 	Bradley
	Brand	Brauns	Brunkhorst 	Bukta 	Burnett 	Carroll 	Cataldo
	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 
Scherrman	Schrader	Shoultz 	Siegrist	Sukup 	Taylor 	Teig 	Thomas
	Thomson 	Tyrrell 	Van Fossen	Van Maanen 	Vande Hoef 	Veenstra
	Warnstadt 	Weigel 	Welter 	Whitead 	Wise	Witt 	Mr. Speaker
  Corbett

The nays were, none.

Absent or not voting, 3:

Chapman 	Richardson 	Weidman
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 530, a bill for an act relating to the establishment
of an E911 surcharge, providing for the distribution of the
surcharge, and providing a pooling mechanism for the purchase of
equipment necessary for an E911 system, with report of committee
recommending amendment and passage, was taken up for
consideration.
Metcalf of Polk offered amendment H-8492 filed by the committee
on commerce and regulation as follows:

H-8492

 1     Amend Senate File 530, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  By striking everything after the enacting
 4   clause and inserting the following:
 5     "Section 1.  Section 16.161, Code 1997, is amended
 6   to read as follows:
 7     16.161  AUTHORITY TO ISSUE E911 PROGRAM BONDS AND
 8   NOTES.
 9     The authority shall assist the department of public
10   defense administrator appointed pursuant to section
11   34A.2A or as provided in chapter 34A, subchapter II
12   and the authority shall have all of the powers
13   delegated to it by a joint E911 service board or the
14   department of public defense in a chapter 28E
15   agreement with respect to the issuance and securing of
16   bonds or notes and the carrying out of the purposes of
17   chapter 34A.
18     Sec. 2.  Section 16.161, Code 1997, is amended by
19   adding the following new unnumbered paragraph:
20     NEW UNNUMBERED PARAGRAPH.  The authority shall
21   provide a mechanism for the pooling of funds of two or
22   more joint E911 service boards to be used for the
23   joint purchasing of necessary equipment and
24   reimbursement of land-line and wireless service
25   providers' costs for upgrades necessary to provide
26   E911 service.  When two or more joint E911 service
27   boards have agreed to pool funds for the purpose of
28   purchasing necessary equipment to be used in providing
29   E911 service, the authority shall issue bonds and
30   notes as provided in sections 34A.20 through 34A.22.
31     Sec. 3.  Section 34A.2, subsection 2, Code 1997, is
32   amended to read as follows:
33     2.  "Administrator" means the E911 administrator
of
34   the division of emergency management of the department
35   of public defense appointed pursuant to section
36   34A.2A.
37     Sec. 4.  Section 34A.2, subsection 3, Code 1997, is
38   amended by striking the subsection.
39     Sec. 5.  NEW SECTION.  34A.2A  ADMINISTRATOR -
40   APPOINTMENT - DUTIES.
41     The administrator of the division of emergency
42   management of the department of public defense shall
43   appoint an E911 administrator to administer this
44   chapter.  The E911 administrator shall act under the
45   supervisory control of the administrator of the
46   division of emergency management of the department of
47   public defense, and in consultation with the E911
48   communications council, and perform the duties
49   specifically set forth in this chapter.
50     Sec. 6.  Section 34A.3, subsection 1, Code 1997, is

Page 2  

 1   amended to read as follows:
 2     1.  JOINT 911 SERVICE BOARDS TO SUBMIT PLANS.  The
 3   board of supervisors of each county shall establish a
 4   joint 911 service board not later than January 1,
 5   1989.  Each political subdivision of the state having
 6   a public safety agency serving territory within the
 7   county is entitled to voting membership on the joint
 8   911 service board.  Each private safety agency
 9   operating within the area is entitled to nonvoting
10   membership on the board.  A township which does not
11   operate its own public safety agency, but contracts
12   for the provision of public safety services, is not
13   entitled to membership on the joint 911 service board,
14   but its contractor is entitled to membership according
15   to the contractor's status as a public or private
16   safety agency.  The joint 911 service board shall
17   develop an enhanced 911 service plan encompassing at
18   minimum the entire county, unless an exemption is
19   granted by the administrator permitting a smaller E911
20   service area.  The administrator may grant a
21   discretionary exemption from the single county minimum
22   service area requirement based upon an E911 joint
23   service board's or other E911 service plan operating
24   authority's presentation of evidence which supports
25   the requested exemption if the administrator finds
26   that local conditions make adherence to the minimum
27   standard unreasonable or technically infeasible, and
28   that the purposes of this chapter would be furthered
29   by granting an exemption.  The minimum size
30   requirement is intended to prevent unnecessary
31   duplication of public safety answering points and
32   minimize other administrative, personnel, and
33   equipment expenses.  An E911 service area must
34   encompass a geographically contiguous area.  No
35   exemption shall be granted from the contiguous area
36   requirement.  The administrator may order the
37   inclusion of a specific territory in an adjoining E911
38   service plan area to avoid the creation by exclusion
39   of a territory smaller than a single county not
40   serviced by surrounding E911 service plan areas upon
41   request of the joint 911 service board representing
42   the territory.  The E911 service plan operating
43   authority shall submit the plan on or before January
44   1, 1994, to all of the following:
45     a.  The division administrator.
46     b.  Public and private safety agencies in the
47   enhanced 911 service area.
48     c.  Providers affected by the enhanced 911 service
49   plan.
50     An E911 joint service board that has a state-

Page 3

 1   approved service plan in place prior to July 1, 1993,
 2   is exempt from the provisions of this section.  The
 3   division administrator shall establish, by July 1,
 4   1994, E911 service plans for those E911 joint service
 5   boards which do not have a state-approved service plan
 6   in place on or before January 1, 1994.
 7     The division administrator shall prepare a summary
 8   of the plans submitted and present the summary to the
 9   legislature on or before August 1, 1994.
10     Sec. 7.  Section 34A.6, subsection 3, Code 1997, is
11   amended to read as follows:
12     3.  The secretary of state, in consultation with
13   the administrator of the office of emergency
14   management of the department of public defense, shall
15   adopt rules for the conduct of joint E911 service
16   referendums as required by and consistent with
17   subsections 1 and 2.
18     Sec. 8.  Section 34A.7, subsection 6, Code 1997, is
19   amended to read as follows:
20     6.  LIMITATION OF ACTIONS - PROVIDER NOT LIABLE ON
21   CAUSE OF ACTION RELATED TO PROVISION OF 911 SERVICES.
22   A claim or cause of action does not exist based upon
23   or arising out of an act or omission in connection
24   with a land-line or wireless provider's participation
25   in an E911 service plan or provision of 911 or local
26   exchange access service, unless the act or omission is
27   determined to be willful and wanton negligence.
28     Sec. 9.  NEW SECTION.  34A.7A  WIRELESS
29   COMMUNICATIONS SURCHARGE - FUND ESTABLISHED -
30   DISTRIBUTION AND PERMISSIBLE EXPENDITURES.
31     1.  a.  Notwithstanding section 34A.6, the
32   administrator shall adopt by rule a monthly surcharge
33   of up to fifty cents to be imposed on each wireless
34   communications service number provided in this state.
35   The surcharge shall be imposed uniformly on a
36   statewide basis and simultaneously on all wireless
37   communications service numbers as provided by rule of
38   the administrator.
39     b.  The administrator shall provide no less than
40   one hundred days' notice of the surcharge to be
41   imposed to each wireless communications service
42   provider.  The administrator, subject to the fifty
43   cent limit in paragraph "a", may adjust the amount of
44   the surcharge as necessary, but no more than once in
45   any calendar year.
46     c.  The surcharge shall be collected as part of the
47   wireless communications service provider's periodic
48   billing to a subscriber.  In compensation for the
49   costs of billing and collection, the provider may
50   retain one percent of the gross surcharges collected.

Page 4

 1   The surcharges shall be remitted quarterly by the
 2   provider to the administrator for deposit into the
 3   fund established in subsection 2.  A provider is not
 4   liable for an uncollected surcharge for which the
 5   provider has billed a subscriber but which has not
 6   been paid.  The surcharge shall appear as a single
 7   line item on a subscriber's periodic billing
 8   indicating that the surcharge is for E911 emergency
 9   telephone service.  The E911 service surcharge is not
10   subject to sales or use tax.
11     2.  Moneys collected pursuant to subsection 1 shall
12   be deposited in a separate wireless E911 emergency
13   communications fund within the state treasury under
14   the control of the administrator.  Section 8.33 shall
15   not apply to moneys in the fund.  Moneys earned as
16   income, including as interest, from the fund shall
17   remain in the fund until expended as provided in this
18   section.  Moneys in the fund shall be expended and
19   distributed annually as follows:
20     a.  An amount necessary to be retained by the
21   administrator for implementation, support, and
22   maintenance of the functions of the administrator.
23     b.  (1)  The administrator shall retain funds
24   necessary to reimburse wireless carriers for their
25   costs to deliver E911 services.  The administrator
26   shall assure that wireless carriers recover all
27   eligible costs associated with the implementation and
28   operation of E911 services, including but not limited
29   to hardware, software, and transport costs.  The
30   administrator shall adopt rules defining eligible
31   costs which are consistent with federal law,
32   regulations, and any order of a federal agency.
33     (2)  The administrator shall provide for the
34   reimbursement of wireless carriers on a quarterly
35   basis.  If the total amount of moneys available in the
36   fund for the reimbursement of wireless carriers
37   pursuant to subparagraph (1) is insufficient to
38   reimburse all wireless carriers for such carriers'
39   eligible expenses, the administrator shall remit an
40   amount to each wireless carrier equal to the
41   percentage of such carrier's eligible expenses as
42   compared to the total of all eligible expenses for all
43   wireless carriers for the calendar quarter during
44   which such expenses were submitted.
45     c.  (1)  The remainder of the surcharge collected
46   shall be remitted to the administrator for
47   distribution to the joint E911 service boards and the
48   department of public safety pursuant to subparagraph
49   (2) to be used for the implementation of enhanced
50   wireless communications capabilities.

Page 5

 1     (2)  The administrator, in consultation with the
 2   E911 communications council, shall adopt rules
 3   pursuant to chapter 17A governing the distribution of
 4   the surcharge collected and distributed pursuant to
 5   this lettered paragraph.  The rules shall include
 6   provisions that all joint E911 service boards and the
 7   department of public safety which answer or service
 8   wireless E911 calls are eligible to receive an
 9   equitable portion of the receipts.
10     A joint E911 service board or the department of
11   public safety, to receive funds from the E911
12   emergency communications fund, must submit a written
13   request for such funds to the administrator in a form
14   as approved by the administrator.  A request shall be
15   for funding under an approved E911 service plan for
16   equipment which is directly related to the reception
17   and disposition of incoming wireless E911 calls.  The
18   administrator may approve the distribution of funds
19   pursuant to such request if the administrator finds
20   that the requested funding is for equipment necessary
21   for the reception and disposition of such calls and
22   that sufficient funds are available for such
23   distribution.
24     If insufficient funds are available to fund all
25   requests, the administrator shall fund requests in an
26   order deemed appropriate by the administrator after
27   considering factors including, but not limited to, all
28   of the following:
29     (a)  Documented volume of wireless E911 calls
30   received by each public safety answering point.
31     (b)  The population served by each public safety
32   answering point.
33     (c)  The number of wireless telephones in the
34   public safety answering point jurisdiction.
35     (d)  The public safety of the citizens of this
36   state.
37     (e)  Any other factor deemed appropriate by the
38   administrator, in consultation with the E911
39   communications council, and adopted by rule.
40     (3)  The administrator shall submit an annual
41   report by January 15 of each year advising the general
42   assembly of the status of E911 implementation and
43   operations, including both land-line and wireless
44   services, and the distribution of surcharge receipts.
45     3.  The amount collected from a wireless service
46   provider and deposited in the fund, pursuant to
47   section 22.7, subsection 6, information provided by a
48   wireless service provider to the administrator
49   consisting of trade secrets, pursuant to section 22.7,
50   subsection 3, and other financial or commercial

Page 6

 1   operations information provided by a wireless service
 2   provider to the administrator, shall be kept
 3   confidential as provided under section 22.7.  This
 4   subsection does not prohibit the inclusion of
 5   information in any report providing aggregate amounts
 6   and information which does not identify numbers of
 7   accounts or customers, revenues, or expenses
 8   attributable to an individual wireless communications
 9   service provider.
10     4.  For purposes of this section, "wireless
11   communications service" means commercial mobile radio
12   service, as defined under sections 3(27) and 332(d) of
13   the federal Telecommunications Act of 1996, 47 U.S.C.
14   "/g" 151 et seq.; federal communications commission
15   rules, and the Omnibus Budget Reconciliation Act of
16   1993.  "Wireless communications service" includes any
17   wireless two-way communications used in cellular
18   telephone service, personal communications service, or
19   the functional or competitive equivalent of a radio-
20   telephone communications line used in cellular
21   telephone service, a personal communications service,
22   or a network access line.  "Wireless communications
23   service" does not include services whose customers do
24   not have access to 911 or a 911-like service, a
25   communications channel utilized only for data
26   transmission, or a private telecommunications system.
27     Sec. 10.  Section 34A.15, subsection 1, unnumbered
28   paragraph 1, Code 1997, is amended to read as follows:
29     An E911 communications council is established.  The
30   council consists of the following eleven thirteen
31   members:
32     Sec. 11.  Section 34A.15, subsection 1, Code 1997,
33   is amended by adding the following new paragraph:
34     NEW PARAGRAPH.  k.  Two persons appointed by the
35   Iowa wireless industry.  One appointee shall represent
36   cellular companies and the other appointee shall
37   represent personal communications services companies.
38     Sec. 12.  Section 34A.15, Code 1997, is amended by
39   adding the following new subsections:
40     NEW SUBSECTION.  2A. A member of the council shall
41   be reimbursed for actual and necessary expenses
42   incurred in the performance of the member's duties, if
43   such member is not otherwise reimbursed for such
44   expenses.
45     Sec. 13.  Section 34A.20, subsection 2, Code 1997,
46   is amended to read as follows:
47     2.  The authority shall cooperate with the
48   department of public defense administrator in the
49   creation, administration, and funding of the E911
50   program established in subchapter I.

Page 7

 1     Sec. 14.  TRANSITION PROVISIONS.
 2     1.  The E911 administrator appointed pursuant to
 3   section 34A.2A, as enacted in this Act, shall be
 4   appointed by no later than July 1, 1998.  The E911
 5   administrator shall determine and implement an initial
 6   surcharge as soon as possible, but at a minimum such
 7   surcharge shall be determined and implemented by no
 8   later than January 1, 1999.
 9     2.  Notwithstanding the distribution formula in
10   section 34A.7A, as enacted in this Act, and prior to
11   any such distribution, of the initial surcharge moneys
12   received by the E911 administrator and deposited into
13   the wireless E911 emergency communications fund, for
14   the fiscal year beginning July 1, 1998, and ending
15   June 30, 1999, an amount shall be transferred to the
16   division of emergency management of the department of
17   public defense as necessary to reimburse the division
18   for amounts expended for the implementation, support,
19   and maintenance of the E911 administrator, including
20   the E911 administrator's salary.
21     3.  a.  Notwithstanding the distribution formula in
22   section 34A.7A, as enacted in this Act, and after the
23   distribution provided for in subsection 2 of this
24   section and prior to any other distribution pursuant
25   to section 34A.7A, of the surcharge moneys received by
26   the E911 administrator and deposited into the wireless
27   E911 emergency communications fund, for the fiscal
28   year beginning July 1, 1998, and ending June 30, 1999,
29   an amount not to exceed eighty thousand dollars shall
30   be transferred to the Iowa law enforcement academy to
31   be used for implementation, maintenance, and support
32   of telecommunicator training.  For purposes of this
33   paragraph, the total amount transferred includes any
34   amounts transferred to the Iowa law enforcement
35   academy under paragraph "b".
36     b.  The Iowa law enforcement academy shall begin as
37   soon as practicable the telecommunicator training as
38   provided in this subsection.  If the academy expends
39   funds on or after July 1, 1998, for telecommunicator
40   training and prior to the imposition of the surcharge
41   under section 34A.7A, the E911 administrator, subject
42   to the limit of eighty thousand dollars in paragraph
43   "a", shall transfer from the wireless E911 emergency
44   communications fund to the Iowa law enforcement
45   academy an amount necessary to reimburse the academy
46   for such amounts expended by the academy.  The E911
47   administrator and the Iowa law enforcement academy
48   shall provide a written report to the fiscal committee
49   of the legislative council and to the legislative
50   fiscal bureau regarding amounts expended by the

Page 8

 1   academy and reimbursed by the E911 administrator
 2   pursuant to this section.
 3     c.  The Iowa law enforcement academy, for
 4   telecommunicator training for fiscal years beginning
 5   on and after July 1, 1999, shall submit requests for
 6   funding through the general assembly's appropriation
 7   process in the same manner as the academy submits
 8   requests for other general fund appropriations.
 9     4.  a.  The department of public defense is
10   authorized two additional full-time equivalent
11   positions for the purpose of implementing the
12   amendments to chapter 34A in this Act.  Included in
13   these two full-time equivalent positions is the E911
14   administrator appointed pursuant to section 34A.2A, as
15   enacted in this Act.
16     b.  The Iowa law enforcement academy is authorized
17   one and one-half additional full-time equivalent
18   positions for the purpose of implementing
19   telecommunicator training as provided for in this Act.
20     Sec. 15.  EFFECTIVE DATE.  This Act, being deemed
21   of immediate importance, takes effect upon enactment."
22     2.  Title page, line 4, by inserting after the
23   word "system" the following:  ", and providing an
24   effective date".
Metcalf of Polk offered the following amendment H-8792, to the
committee amendment H-8492, filed by her and Larson of Linn and
moved its adoption:

H-8792

 1     Amend the Committee amendment, H-8492, to Senate
 2   File 530, as amended, passed, and reprinted by the
 3   Senate, as follows:
 4     1.  Page 4, by striking line 20 and inserting the
 5   following:
 6     "a.  An amount as appropriated by the general
 7   assembly to the".
 8     2.  Page 7, by striking line 9 and inserting the
 9   following:
10     "2.  a.  There is appropriated from surcharge
11   moneys received by the E911 administrator and
12   deposited into the wireless E911 emergency
13   communications fund, for the fiscal year beginning
14   July 1, 1998, and ending June 30, 1999, an amount not
15   to exceed two hundred thousand dollars to be used for
16   the implementation, support, and maintenance of the
17   functions of the E911 administrator.  The amount
18   appropriated in this paragraph includes any amounts
19   necessary to reimburse the division of emergency
20   management of the department of public defense
21   pursuant to paragraph "b".
22     b.  Notwithstanding the distribution formula in".
23     3.  By renumbering as necessary.
Amendment H-8792 was adopted.
Metcalf of Polk offered the following amendment H-8579, to the
committee amendment H-8492, filed by her and moved its adoption:

H-8579

 1     Amend the amendment, H-8492, to Senate File 530, as
 2   amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  Page 6, by inserting after line 37 the
 5   following:
 6     "Sec. ___.  Section 34A.15, subsection 2, Code
 7   1997, is amended by striking the subsection and
 8   inserting in lieu thereof the following:
 9     2.  The council shall advise and make
10   recommendations to the administrator regarding the
11   implementation of this chapter.  Such advice and
12   recommendations shall be provided on issues at the
13   request of the administrator or as deemed necessary by
14   the council."
15     2.  By renumbering as necessary.
Amendment H-8579 was adopted.
Metcalf of Polk moved the adoption of  the committee amendment
H-8492, as amended.
The committee amendment H-8492, as amended, was adopted.
Metcalf 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. 530)

The ayes were, 82:

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

The nays were, 16:

Barry 	Boddicker 	Brunkhorst 	Cormack 	Dix 	Dolecheck 	Huser
	Jenkins 	Lamberti 	Larson 	Meyer 	Millage 	Siegrist 	Van
Fossen	Welter 	Mr. Speaker
			  Corbett

Absent or not voting, 2:

Chapman 	Richardson
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, 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 2294 and 530.
SENATE AMENDMENT CONSIDERED
Larson of Linn called up for consideration House File 721, a
bill for an act relating to an insurance premium tax credit for
eligible businesses under the new jobs and income program,
amended by the Senate, and moved that the House concur in the
following Senate amendment H-8564:

H-8564

 1     Amend House File 721, as passed by the House, as
 2   follows:
 3     1.  Page 1, line 2, by striking the word "CREDIT",
 4   and inserting the following:  "CREDITS".
 5     2.  Page 1, by striking line 3 and inserting the
 6   following:
 7     "1.  An eligible business may claim an insurance
 8   premium tax".
 9     3.  Page 1, by inserting after line 20 the
10   following:
11     "2.  An eligible business which has entered into an
12   agreement under chapter 260E and which has increased
13   its base employment level by at least ten percent
14   within the time set in the agreement or, in the case
15   of a business without a base employment level, adds
16   new jobs within the time set in the agreement is
17   entitled to a new jobs insurance premium tax credit
18   for the tax year selected by the business.  In
19   determining if the business has increased its base
20   employment level by ten percent or added new jobs,
21   only the new jobs directly resulting from the project
22   covered by the agreement and the new jobs directly
23   related to those new jobs shall be counted.  The
24   amount of the credit is equal to the product of six
25   percent of the taxable wages upon which an employer is
26   required to contribute to the state unemployment
27   compensation fund, as defined in section 96.19,
28   subsection 37, times the number of new jobs existing
29   in the tax year that directly result from the project
30   covered by the agreement or new jobs that directly
31   result from those new jobs.  The tax year chosen by
32   the business shall either begin or end during the
33   period beginning with the date by which the project is
34   to be completed under the agreement.  Any credit in
35   excess of the tax liability for the tax year may be
36   credited to the tax liability for the following seven
37   years or until depleted, whichever occurs earlier.
38   For purposes of this subsection, "agreement", "new
39   job", and "project" mean the same as defined in
40   section 260E.2 and "base employment level" means the
41   number of full-time jobs a business employs at the
42   site which is covered by an agreement under chapter
43   260E on the date of that agreement."
The motion prevailed and the House concurred in the Senate
amendment H-8564.
Larson of Linn moved that the bill, as amended by the Senate and
concurred in by the House, 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. 721)

The ayes were, 79:

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

The nays were, 17:

Bernau 	Burnett 	Doderer 	Drees 	Fallon 	Garman 	Holveck 	Jochum
	Koenigs 	Mascher 	Moreland	Myers 	Scherrman 	Schrader 	Shoultz
	Whitead 	Witt 

Absent or not voting, 4:

Chapman 	Falck 	Richardson 	Sukup 
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 721 be immediately messaged to the Senate.
Unfinished Business Calendar
The House resumed consideration of House File 2498, a bill for
an act relating to and making appropriations to certain state
departments, agencies, funds, and certain other entities,
providing for regulatory authority, and other properly related
matters, previously deferred and retained on the calendar.
Murphy of Dubuque offered amendment H-8686 filed by him as
follows:

H-8686

 1     Amend House File 2498 as follows:
 2     1.  Page 1, line 9, by striking the figure
 3   "1,426,124" and inserting the following:  "1,416,575".
 4     2.  Page 2, line 6, by striking the figure
 5   "484,502" and inserting the following:  "484,176".
 6     3.  Page 2, line 17, by striking the figure
 7   "1,033,788" and inserting the following:  "1,033,683".
 8     4.  Page 3, line 5, by striking the figure
 9   "1,541,982" and inserting the following:  "1,540,841".
10     5.  Page 3, line 11, by striking the figure
11   "5,670,073" and inserting the following:  "5,660,538".
12     6.  Page 3, line 17, by striking the figure
13   "1,104,001" and inserting the following:  "1,101,391".
14     7.  Page 3, line 23, by striking the figure
15   "3,710,765" and inserting the following:  "3,697,801".
16     8.  Page 4, line 15, by striking the figure
17   "869,304" and inserting the following:  "866,348".
18     9.  Page 4, line 21, by striking the figure
19   "5,689,831" and inserting the following:  "5,686,524".
20     10.  Page 5, line 30, by striking the figure
21   "1,834,878" and inserting the following:  "1,834,131".
22     11.  Page 6, line 6, by striking the figure
23   "2,000" and inserting the following:  "1,964".
24     12.  Page 6, line 25, by striking the figure
25   "210,494" and inserting the following:  "210,410".
26     13.  Page 8, line 18, by striking the figure
27   "1,282,348" and inserting the following:  "1,280,883".
28     14.  Page 9, line 22, by striking the figure
29   "536,695" and inserting the following:  "536,638".
30     15.  Page 9, line 28, by striking the figure
31   "509,419" and inserting the following:  "508,065".
32     16.  Page 9, line 34, by striking the figure
33   "250,428" and inserting the following:  "249,674".
34     17.  Page 10, line 5, by striking the figure
35   "951,855" and inserting the following:  "949,923".
36     18.  Page 10, line 20, by striking the figure
37   "617,150" and inserting the following:  "616,203".
38     19.  Page 10, line 35, by striking the figure
39   "34,398" and inserting the following:  "34,189".
40     20.  Page 11, line 15, by striking the figure
41   "573,811" and inserting the following:  "644,498".
42     21.  Page 11, line 32, by striking the figure
43   "2,067,328" and inserting the following:  "2,066,481".
44     22.  Page 12, line 19, by striking the figure
45   "1,317,060" and inserting the following:  "1,316,130".
46     23.  Page 13, line 21, by striking the figure
47   "1,987,450" and inserting the following:  "1,986,541".
48     24.  Page 15, line 11, by striking the figure
49   "1,382,290" and inserting the following:  "1,378,221".
50     25.  Page 18, line 25, by striking the figure

Page 2  

 1   "10,585,161" and inserting the following:
 2   "10,577,624".
 3     26.  Page 18, line 29, by striking the figure
 4   "10,980,931" and inserting the following:
 5   "10,978,944".
 6     27.  Page 20, line 17, by striking the figure
 7   "677,121" and inserting the following:  "676,808".
 8     28.  Page 20, line 27, by striking the figure
 9   "1,805,201" and inserting the following:  "1,804,988".
10     29.  Page 21, line 9, by striking the figure
11   "255,658" and inserting the following:  "255,045".
12     30.  Page 21, line 19, by striking the figure
13   "971,483" and inserting the following:  "971,048".
14     31.  Page 21, by inserting after line 22 the
15   following:
16     "Sec. ___ .  TRAVEL BUDGET REDUCTION.  It is the
17   intent of the general assembly that the travel budget
18   of the state department, agency, or office receiving
19   state general fund appropriations under this Act,
20   except the health facilities division and state foster
21   care review board of the department of inspections and
22   appeals, the property management division of the
23   department of general services, and the internal
24   management division of the department of revenue and
25   finance, shall be reduced by three percent and this
26   three percent has been subtracted in determining the
27   appropriations made in this Act to those state
28   departments, agencies, or offices which have travel
29   budgets."
Murphy of Dubuque offered the following amendment H-8843, to
amendment H-8686, filed by him from the floor and moved its
adoption:

H-8843

 1     Amend the amendment, H-8686, to House File 2498, as
 2   follows:
 3     1.  Page 2, line 29, by inserting after the word
 4   "budgets." the following:  "If a state agency incurs
 5   travel expense when performing duties for another
 6   state agency, the state agency incurring the travel
 7   expense may be reimbursed for the travel expense by
 8   the other state agency."
Amendment H-8843 was adopted.
Murphy of Dubuque moved the adoption of amendment H-8686, as
amended.
Roll call was requested by Murphy of Dubuque and Brunkhorst of
Bremer.
On the question "Shall amendment H-8686, as amended, be
adopted?" (H.F. 2498)

The ayes were, 46:

Bell 	Bernau 	Brand 	Brauns 	Bukta 	Burnett 	Cataldo 	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 	Scherrman 	Schrader
	Shoultz 	Taylor 	Thomas 	Vande Hoef 	Warnstadt 	Weigel 	Whitead
	Wise 	Witt 

The nays were, 50:

Arnold 	Barry 	Blodgett 	Boddicker 	Boggess 	Bradley 	Brunkhorst
	Carroll 	Churchill 	Cormack 	Dinkla 	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 	Rants 	Rayhons 	Siegrist 	Sukup 	Teig 	Thomson 	Tyrrell
	Van Fossen 	Van Maanen 	Veenstra 	Weidman 	Welter 	Mr. Speaker
	  Corbett

Absent or not voting, 4:

Chapman 	Houser 	Nelson 	Richardson 
Amendment H-8686 lost.
Brunkhorst of Bremer offered amendment H-8463 filed by
Brunkhorst, et al., as follows:

H-8463

 1     Amend House File 2498 as follows:
 2     1.  Page 6, line 1, by striking the figure
 3   "4,413,534" and inserting the following:  "4,425,534".
 4     2.  Page 6, by inserting after line 2 the
 5   following:
 6     "Of the moneys appropriated in this subsection,
 7   $12,000 shall be used for establishing a horticulture
 8   internship program with the Des Moines area community
 9   college to provide training, an educational
10   horticulture program, and to enhance the overall
11   beauty of the capitol complex grounds and facilities."
12     3.  Page 10, line 14, by striking the figure
13   "2,050,961" and inserting the following:  "2,055,961".
14     4.  Page 10, by inserting after line 15 the
15   following:
16     "Of the moneys appropriated in this subsection,
17   $5,000 shall be used by the department of inspections
18   and appeals to develop criteria for, and implement, a
19   statewide education program for care review committee
20   members.  The department of inspections and appeals
21   shall consult with the department of elder affairs to
22   develop a program designed to educate nursing facility
23   care review committee members regarding their roles
24   and responsibilities in the inspections process,
25   conflict resolution, and elder care."
26     5.  Page 14, line 19, by striking the figure
27   "80,031" and inserting the following:  "81,585".
28     6.  Page 15, line 23, by striking the figure
29   "1,632,761" and inserting the following:  "1,672,761".
30     7.  Page 15, line 24, by striking the figure
31   "33.80" and inserting the following:  "34.80".
32     8.  Page 18, line 33, by striking the figure
33   "6,366,632" and inserting the following:  "6,814,435".
34     9.  Page 22, by inserting after line 13 the
35   following:
36     "Sec. ___.  ELECTED STATE EXECUTIVE OFFICERS -
37   EMPLOYEE TURNOVER SAVINGS.
38     If unencumbered or unobligated balances will result
39   from the appropriations made for the salaries and
40   related benefits of employees of the elected state
41   executive officers due to employee turnover during the
42   fiscal year beginning July 1, 1998, and ending June
43   30, 1999, the balances shall be transferred to the
44   health facilities division of the department of
45   inspections and appeals not later than March 1, 1999,
46   and shall be used to pay the salary, support, and
47   miscellaneous expenses of a building inspector
48   position."
Murphy of Dubuque offered the following amendment H-8737, to
amendment H-8463, filed by him and Cataldo of Polk and moved its
adoption:

H-8737

 1     Amend the amendment, H-8463, to House File 2498 as
 2   follows:
 3     1.  Page 1, by inserting after line 25 the
 4   following:
 5     "   .  Page 11, line 15, by striking the figure
 6   "573,811" and inserting the following:  "1,021,614"."
 7     2.  Page 1, by striking lines 32 and 33.
Rants of Woodbury in the chair at 2:43 p.m.
Amendment H-8737 lost.
Brunkhorst of Bremer moved the adoption of amendment H-8463.
Amendment H-8463 was adopted.
Brunkhorst of Bremer offered the following amendment H-8382
filed by him and Brauns of Muscatine and moved its adoption:

H-8382

 1     Amend House file 2498 as follows:
 2     1.  Page 6, by inserting after line 2 the
 3   following:
 4     "Notwithstanding the provisions of section 8.57,
 5   subsection 5, the department shall allocate the salary
 6   and support costs from fiscal year 1998-1999 rebuild
 7   Iowa infrastructure fund appropriations for facilities
 8   engineering services rendered.  The total amount of
 9   the allocation shall not exceed $125,000 for the
10   salaries and support for 2.00 FTEs."
Amendment H-8382 lost.
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2498 be deferred and that the bill retain its
place on the calendar.
ADOPTION OF HOUSE RESOLUTION 103
Siegrist of Pottawattamie called up for consideration House
Resolution 103, a resolution congratulating the Drake Bulldogs,
Iowa State Cyclones, and Iowa Hawkeyes Women's Basketball Teams,
and moved its adoption.
The motion prevailed and the resolution was adopted.
The House stood at ease at 3:20 p.m., until the fall of the
gavel.
The House resumed session and consideration of House File 2498
at 3:22 p.m., Speaker Corbett in the chair.
Brunkhorst of Bremer offered the following amendment H-8672
filed by Brunkhorst, et al., and moved its adoption:

H-8672

 1     Amend House File 2498 as follows:
 2     1.  Page 6, by inserting after line 2 the
 3   following:
 4     "When a lease or a new building is requested by a
 5   state agency, the department of general services shall
 6   consider, to the extent possible, whether or not the
 7   requesting state agency could relocate to an area of
 8   the state without a state employment center or with a
 9   high rate of unemployment."
Amendment H-8672 was adopted.
Whitead of Woodbury offered the following amendment H-8700 filed
by Whitead, et al., and moved its adoption:

H-8700

 1     Amend House File 2498 as follows:
 2     1.  Page 6, by inserting after line 26 the
 3   following:
 4     "Except as otherwise provided in subsection 5, any
 5   unencumbered or unobligated funds remaining on June
 6   30, 1999, of the appropriations made to the department
 7   of general services pursuant to this section, shall be
 8   used to establish and maintain a toll-free telephone
 9   service to facilitate communication between elected
10   members of the general assembly and the citizens of
11   this state.  The service shall be made available
12   during the time that the general assembly is in
13   session, including an extraordinary session."
Amendment H-8700 lost.
Speaker pro tempore Van Maanen of Marion in the chair at 3:30
p.m.
Brunkhorst of Bremer offered amendment H-8471 filed by him and
Cataldo of Polk as follows:

H-8471

 1     Amend House File 2498 as follows:
 2     1.  Page 10, by inserting after line 15 the
 3   following:
 4     "The department of inspections and appeals may
 5   conduct, contract for, or permit health facilities to
 6   contract for the performance of health facility
 7   construction inspections as required under chapter
 8   135C.  The department shall review all proposed plans
 9   and specifications, and shall conduct the final on-
10   site review and approval of all alterations,
11   additions, or new construction prior to occupancy.
12   The director shall adopt rules pursuant to chapter 17A
13   to implement this paragraph."
Cataldo of Polk offered the following amendment H-8830, to
amendment H-8471, filed by him and Richardson of Warren and
moved its adoption:

H-8830

 1     Amend the amendment, H-8471, to House File 2498 as
 2   follows:
 3     1.  Page 1, line 8, by inserting after the figure
 4   "135C." the following:  "The department may authorize
 5   local government building officials to conduct health
 6   facility construction inspections except the final
 7   inspection and any costs incurred conducting the
 8   inspections by a local government shall be paid by the
 9   facility or the contractor."
Amendment H-8830 was adopted.
Brunkhorst of Bremer moved the adoption of amendment H-8471, as
amended.
Amendment H-8471, as amended, was adopted.
The following amendments were withdrawn by unanimous consent,
placing amendment H-8846 filed by Lamberti of Polk and Huser of
Polk from the floor, out of order:
H-8327 filed by Chiodo of Polk on March 11, 1998.
H-8393 filed by Murphy of Dubuque on March 12, 1998.
H-8470 filed by Chiodo of Polk on March 17, 1998.
H-8567 filed by Murphy of Dubuque on March 23, 1998.
H-8655 filed by Chiodo of Polk on March 24, 1998.
H-8736 filed by Murphy of Dubuque on March 26, 1998.
H-8745 filed by Chiodo of Polk on March 26, 1998.
H-8762 filed by Murphy of Dubuque on March 30, 1998.
Mundie of Webster offered amendment H-8699 filed by him and
Richardson of Warren as follows:

H-8699

 1     Amend House File 2498 as follows:
 2     1.  Page 19, by inserting after line 13 the
 3   following:
 4     "c.  Of the full-time equivalent positions
 5   authorized pursuant to this section, 1.00 FTE shall be
 6   designated to administer the rebuild our cities and
 7   counties program established pursuant to section
 8   405A.10."
 9     2.  Page 22, by inserting after line 13 the
10   following:
11     "Sec. ___.  NEW SECTION.  405A.11  REBUILD OUR
12   CITIES AND COUNTIES PROGRAM.
13     1.  A rebuild our cities and counties (ROCC) fund
14   is created in the state treasury.  The director of
15   revenue and finance shall credit the rebuild our
16   cities and counties fund with the moneys appropriated
17   to the fund as provided in this section.  For purposes
18   of this section, "revenues generated by the sales tax"
19   means the estimated revenue from the gross receipts
20   taxed by the state pursuant to chapter 422, division
21   IV, as estimated by the revenue estimating conference
22   pursuant to section 8.22A in December preceding the
23   fiscal year for which the appropriation provided for
24   in this subsection shall be made.  The moneys credited
25   to the ROCC fund shall be apportioned to each city and
26   county in the state on a per capita basis with an
27   equal share allocated to each person residing within
28   or without the boundaries of a city.  The population
29   of each city and county shall be determined by the
30   latest federal census.  There is appropriated from the
31   general fund of the state to the ROCC fund annually
32   the following amounts for the designated fiscal years:
33     a.  For the fiscal year beginning July 1, 1999, an
34   amount equal to two percent of the revenues generated
35   by the sales tax.
36     b.  For the fiscal year beginning July 1, 2000, an
37   amount equal to two percent of the revenues generated
38   by the sales tax plus an additional two percent of the
39   revenues generated by the sales tax if the
40   requirements of subsection 2 are met.
41     c.  For the fiscal year beginning July 1, 2001, an
42   amount equal to a percent of the revenues generated by
43   the sales tax, which percent equals the percentage
44   used under paragraph "b", plus an additional two
45   percent of the revenues generated by the sales tax, if
46   the requirements of subsection 2 are met.
47     d.  For each fiscal year in the period beginning
48   July 1, 2002, and ending June 30, 2007, an amount
49   equal to a percent of the revenues generated by the
50   sales tax, which percent equals the percentage used

Page 2  

 1   for the previous fiscal year, plus an additional two
 2   percent of the revenues generated by the sales tax, if
 3   the requirements of subsection 2 are met.  However,
 4   the amount appropriated for a fiscal year shall not
 5   exceed a total of twenty percent of revenues generated
 6   by the sales tax.
 7     2.  The additional two percent of revenues
 8   generated by the sales tax, as specified in subsection
 9   1, shall be appropriated in a fiscal year only if the
10   December revenue estimate for the general fund of the
11   state for the next succeeding fiscal year exceeds the
12   revenue estimate for the general fund of the state for
13   the previous fiscal year by at least four percent.
14     3.  During the budgeting process for each city and
15   county, the governing body of the city or county shall
16   request public comment, at a public hearing, on the
17   expenditure of the moneys received from the rebuild
18   our cities and counties fund.  After public comment,
19   the governing body shall specify the amount of funds
20   which will be used for tax relief, including how the
21   tax relief will be accomplished and the amount of
22   funds which will be appropriated for specific
23   programs."
Blodgett of Cerro Gordo rose on a point of order that amendment
H-8699 was not germane.
The Speaker ruled the point well taken and amendment H-8699 not
germane.
Brunkhorst of Bremer offered amendment H-8381 filed by him and
Millage of Scott as follows:

H-8381

 1     Amend House File 2498 as follows:
 2     1.  Page 19, by inserting after line 31 the
 3   following:
 4     "Of the lottery revenues received during the fiscal
 5   year beginning July 1, 1994, which remain in the
 6   lottery fund following transfers made pursuant to 1995
 7   Iowa Acts, chapter 220, section 16, and 1996 Iowa
 8   Acts, chapter 1219, section 14, and the appropriations
 9   made pursuant to 1997 Iowa Acts, chapter 209, section
10   10, any unobligated or unencumbered balance shall
11   revert to the general fund of the state on July 1,
12   1998."

Thomas of Clayton asked and received unanimous consent to
withdraw amendment H-8444, to amendment H-8381, filed by him on
March 16, 1998.
Brunkhorst of Bremer asked and received unanimous consent to
withdraw amendment H-8381 filed by him and Millage of Scott on
March 12, 1998.
Brunkhorst of Bremer offered the following amendment H-8383
filed by Brunkhorst, et al., and moved its adoption:

H-8383

 1     Amend House File 2498 as follows:
 2     1.  Page 19, by inserting after line 31 the
 3   following:
 4     "It is the intent of the general assembly that
 5   lottery advertising shall not focus on children, shall
 6   inform the public on the uses of the lottery proceeds,
 7   shall place more emphasis on the entertainment aspect
 8   of playing lottery games and less emphasis on the
 9   promise of winning, and shall provide the gambling
10   assistance toll-free telephone number on printed
11   material including instant tickets and on-line
12   tickets."
Amendment H-8383 was adopted.
Wise of Lee offered the following amendment H-8163 filed by him
and Brand of Tama and moved its adoption:

H-8163

 1     Amend House File 2498 as follows:
 2     1.  Page 20, by striking lines 33 and 34.
Amendment H-8163 was adopted.
Weigel of Chickasaw offered the following amendment H-8425 filed
by him and Brunkhorst of Bremer and moved its adoption:
H-8425

 1     Amend House File 2498 as follows:
 2     1.  Page 22, by inserting after line 13 the
 3   following:
 4     "Sec. 101.  COMMUNITY HEALTH INFORMATION SYSTEM
 5   REPORT.  Any unobligated or unencumbered funds
 6   appropriated pursuant to 1997 Iowa Acts, chapter 209,
 7   section 10, subsection 5, remaining on the effective
 8   date of this Act may be used in developing a
 9   transition plan for the community health management
10   information system and, if any funds remain after
11   completion of the plan, for a study of the uninsured
12   population of this state pursuant to section 505.21
13   and related health data needs.  Not later than
14   December 1, l998, the division of insurance and the
15   board of directors of the community health management
16   information system shall submit a report to the
17   chairpersons and ranking members of the joint
18   appropriations subcommittee on administration and
19   regulation and the legislative fiscal bureau on the
20   use and collection of health information for the
21   purpose of health policy and planning decisions.
22     Sec. ___ .  EFFECTIVE DATE.  Section 101 of this
23   Act, being deemed of immediate importance, takes
24   effect upon enactment."
Amendment H-8425 was adopted.
Brunkhorst of Bremer asked and received unanimous consent to
withdraw amendment H-8568 filed by Brunkhorst, et al., on March
23, 1998.
Jacobs of Polk offered amendment H-8729 filed by Jacobs, et al.,
as follows:

H-8729

 1     Amend House File 2498 as follows:
 2     1.  Page 22, by inserting after line 13 the
 3   following:
 4     "Sec. ___.  Section 18.12, Code 1997, is amended by
 5   adding the following new subsection:
 6     NEW SUBSECTION.  19A.  Determine and recommend to
 7   the governor and the general assembly a reimbursement
 8   amount to the city of Des Moines for police and fire
 9   protection provided by the city for state-owned
10   buildings and facilities located in the city.  The
11   recommendation shall be based on current state
12   practices in other Iowa cities with state-owned
13   facilities and shall be applicable for inclusion in
14   the budget for the fiscal year 2000 and subsequent
15   fiscal years."
Rants of Woodbury asked and received unanimous consent to
withdraw amendment H-8804, to amendment H-8729, filed by him on
March 31, 1998.
Jacobs of Polk offered the following amendment H-8803, to
amendment H-8729, filed by her and moved its adoption:

H-8803

 1     Amend the amendment, H-8729, to House File 2498 as
 2   follows:
 3     1.  Page 1, line 11, by inserting after the word
 4   "be" the following:  "a cost benefit analysis".
Amendment H-8803 was adopted.
Jacobs of Polk moved the adoption of amendment H-8729, as
amended.
Amendment H-8729, as amended, was adopted.
Martin of Scott offered the following amendment H-8831 filed by
Martin, et al., and moved its adoption:

H-8831

 1     Amend House File 2498 as follows:
 2     1.  Page 22, by inserting after line 13 the
 3   following:
 4     "Sec. ___.  SINGLE CONTACT REPOSITORY - DEPARTMENT
 5   OF INSPECTIONS AND APPEALS.
 6     1.  It is the intent of the general assembly that
 7   the department of inspections and appeals shall
 8   implement a single contact repository for criminal
 9   history, child abuse, adult abuse, and sex offender
10   registries, and nurse aide and other health
11   professional certification and licensing information.
12     2.  For the purposes of this section, "facility" or
13   "facility licensed under chapter 135C" includes all of
14   the following:
15     a.  An elder group home certified under chapter
16   231B.
17      b.  An assisted living facility certified or
18   voluntarily accredited under chapter 231C.
19     c.  A provider of homemaker, home-health aide,
20   home-care aide, or adult day care services.
21      d.  A hospice.
22      e.  A provider of services under a federal medical
23   assistance home and community-based services waiver.
24     3.  The department of inspections and appeals, in
25   conjunction with other departments and agencies of
26   state government involved with criminal history, child
27   abuse, adult abuse, and sex offender registries, and
28   nurse aide and other health professional certification
29   and licensing information, shall establish a single
30   contact repository for facilities licensed under
31   chapter 135C to have electronic access to data to
32   perform background checks for purposes of employment.
33     4.  The department shall provide information for
34   purposes of the single contact repository established
35   pursuant to this section, in accordance with rules
36   adopted by the department."
Amendment H-8831 was adopted.
Brunkhorst of Bremer 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. 2498)

The ayes were, 62:

Arnold 	Barry 	Bell 	Blodgett 	Boddicker 	Boggess 	Bradley
	Brauns 	Brunkhorst 	Carroll 	Cataldo 	Chiodo 	Churchill
	Connors 	Corbett, Spkr. 	Cormack 	Dinkla 	Dix 	Dolecheck
	Dotzler 	Drake 	Eddie 	Garman 	Gipp 	Greig 	Greiner 	Gries
	Grundberg 	Hahn 	Hansen 	Heaton 	Holmes 	Houser 	Huseman 	Huser
	Jacobs 	Jenkins 	Kinzer 	Klemme 	Kremer 	Lamberti	Larson 	Lord
	Martin 	Metcalf 	Meyer 	Millage 	Nelson 	Rants 	Rayhons
	Siegrist 	Sukup 	Taylor 	Teig	Thomson 	Tyrrell 	Van Fossen
	Vande Hoef 	Veenstra 	Weidman 	Welter 	Van Maanen,
	  Presiding

The nays were, 35:

Bernau 	Bukta 	Burnett 	Chapman 	Cohoon 	Doderer
	Drees	Falck	Fallon 	Foege 	Ford 	Frevert 	Holveck 	Jochum
	Koenigs 	Kreiman 	Larkin 	Mascher 	May 	Mertz 	Moreland 	Mundie
	Murphy 	Myers 	O'Brien 	Osterhaus 	Reynolds-Knight 	Scherrman
	Shoultz 	Thomas 	Warnstadt 	Weigel 	Whitead 	Wise 	Witt 
Absent or not voting, 3:

Brand 	Richardson 	Schrader
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 2498 be immediately messaged to the Senate.
House File 2440, a bill for an act relating to the powers and
duties of county treasurers and including an applicability date
provision, was taken up for consideration.
Fallon of Polk asked and received unanimous consent to withdraw
amendment H-8138 filed by him on February 27, 1998.
Dix of Butler offered the following amendment H-8532 filed by
him and moved its adoption:

H-8532

 1     Amend House File 2440 as follows:
 2     1.  Page 6, by striking lines 3 through 10 and
 3   inserting the following:
 4     "Sec. 100.  Section 335.30A, Code Supplement 1997,
 5   is amended to read as follows:
 6     335.30A  LAND-LEASED COMMUNITIES.
 7     A county shall not adopt or enforce zoning or
 8   subdivision regulations or other ordinances which
 9   disallow or make infeasible the plans and
10   specifications of land-leased communities solely
11   because the housing within the land-leased community
12   will be modular or manufactured housing.
13     "Land-leased community" means any site, lot, field,
14   or tract of land under common ownership upon which ten
15   or more occupied manufactured homes or modular homes
16   are harbored, either free of charge or for revenue
17   purposes, and shall include any building, structure,
18   or enclosure used or intended for use as part of the
19   equipment of the land-leased community.  The term
20   "land-leased community" shall not be construed to
21   include homes, buildings, or other structures
22   temporarily maintained by any individual, educational
23   institution, or company on their own premises and used
24   exclusively to house their own labor or students."
25     2.  Page 7, by inserting after line 28 the
26   following:
27     "Sec. 101.  Section 414.28A, Code Supplement 1997,
28   is amended to read as follows:
29     414.28A  LAND-LEASED COMMUNITIES.
30     A city shall not adopt or enforce zoning or
31   subdivision regulations or other ordinances which
32   disallow or make infeasible the plans and
33   specifications of land-leased communities solely
34   because the housing within the land-leased community
35   will be modular or manufactured housing.
36     "Land-leased community" means any site, lot, field,
37   or tract of land under common ownership upon which ten
38   or more occupied manufactured homes or modular homes
39   are harbored, either free of charge or for revenue
40   purposes, and shall include any building, structure,
41   or enclosure used or intended for use as part of the
42   equipment of the land-leased community.  The term
43   "land-leased community" shall not be construed to
44   include homes, buildings, or other structures
45   temporarily maintained by any individual, educational
46   institution, or company on their own premises and used
47   exclusively to house their own labor or students.
48     Sec. 102.  Section 435.1, subsection 4, Code
49   Supplement 1997, is amended to read as follows:
50     4.  "Mobile home park" means a site, lot, field, or

Page 2  

 1   tract of land upon which three or more mobile homes,
 2   or manufactured homes, or modular homes, or a
 3   combination of any of these homes are placed on
 4   developed spaces and operated as a for-profit
 5   enterprise with water, sewer or septic, and electrical
 6   services available.
 7     Sec. 103.  Section 435.22, unnumbered paragraph 1,
 8   Code 1997, is amended to read as follows:
 9     The owner of each mobile home, or manufactured
10   home, or modular home, located within a mobile home
11   park shall pay to the county treasurer an annual tax.
12   However, when the owner is any educational institution
13   and the home is used solely for student housing or
14   when the owner is the state of Iowa or a subdivision
15   of the state, the owner shall be exempt from the tax.
16   The annual tax shall be computed as follows:
17     Sec. 104.  Section 435.26, subsection 1, paragraph
18   a, Code 1997, is amended to read as follows:
19     a.  A mobile home, modular home, or manufactured
20   home which is located outside a mobile home park shall
21   be converted to real estate by being placed on a
22   permanent foundation and shall be assessed for real
23   estate taxes.  A home, after conversion to real
24   estate, is eligible for the homestead tax credit and
25   the military tax exemption as provided in sections
26   425.2 and 427.3."
27     3.  Page 8, by inserting before line 1 the
28   following:
29     "Sec. 105.  Section 435.27, subsection 1, Code
30   1997, is amended to read as follows:
31     1.  A mobile home, or manufactured home, or
mo r~ 
32   home converted to real estate under section 435.26 may
33   be reconverted to a home as provided in this section
34   when it is moved to a mobile home park or a dealer's
35   inventory.  When the home is located within a mobile
36   home park, the home shall be taxed pursuant to section
37   435.22, subsection 1.
38     Sec. 106.  Section 435.29, Code 1997, is amended to
39   read as follows:
40     435.29  CIVIL PENALTY.
41     The person who moves the mobile home, or
42   manufactured home, or modular home without having
43   obtained a tax clearance statement as provided in
44   section 435.24 shall pay a civil penalty of one
45   hundred dollars.  The penalty money shall be credited
46   to the general fund of the county.
47     Sec. 107.  NEW SECTION.  435.34  MODULAR HOME
48   EXEMPTION.
49     For the purposes of this chapter a modular home
50   shall not be construed to be a mobile home and shall

Page 3

 1   be exempt from the provisions of this chapter.
 2   However, this section shall not prohibit the location
 3   of a modular home within a mobile home park.
 4     This section does not apply to mobile home parks in
 5   existence on or before January 1, 1998.  If a modular
 6   home is placed in a mobile home park which was in
 7   existence on or before January 1, 1998, that modular
 8   home shall be subject to property tax pursuant to
 9   section 435.22.
10     Sec. 108.  Section 435.35, Code 1997, is amended to
11   read as follows:
12     435.35  EXISTING HOME OUTSIDE OF MOBILE HOME PARK
13   - EXEMPTION.
14     A taxable mobile home, or manufactured home,
or
15   modular home which is not located in a mobile home
16   park as of January 1, 1995, shall be assessed and
17   taxed as real estate.  The home is also exempt from
18   the permanent foundation requirements of this chapter
19   until the home is relocated."
20     4.  Page 10, by inserting after line 11 the
21   following:
22     "Sec. 111.  RETROACTIVE APPLICABILITY.  Sections
23   100, 101, 102, 103, 104, 105, 106, 107, and 108 of
24   this Act apply retroactively to the assessment year
25   beginning January 1, 1998, and all subsequent
26   assessment years."
27     5.  By renumbering as necessary.
Amendment H-8532 was adopted.
SENATE FILE 2400 SUBSTITUTED FOR HOUSE FILE 2440
Dix of Butler asked and received unanimous consent to substitute
Senate File 2400 for House File 2440.
Senate File 2400, a bill for an act relating to the powers and
duties of county treasurers and including an applicability date
provision, was taken up for consideration.

Dix of Butler offered the following amendment H-8660 filed by
him and moved its adoption:

H-8660

 1     Amend Senate File 2400, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  By striking page 5, line 8, through page 6,
 4   line 2.
 5     2.  Page 12, by striking lines 31 through 33.
 6     3.  By renumbering as necessary.
Amendment H-8660 was adopted.
Dix of Butler offered the following amendment H-8662 filed by
him and moved its adoption:

H-8662

 1     Amend Senate File 2400, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 6, by striking lines 9 and 10 and
 4   inserting the following:  "communities solely because
 5   the housing within the land-leased community will be
 6   modular or manufactured housing."
 7     2.  Page 6, line 21, by inserting after the word
 8   "students." the following:  "A manufactured home
 9   located in a land-leased community shall be taxed
10   under section 435.22 as if the manufactured home were
11   located in a mobile home park."
12     3.  Page 8, by striking lines 11 and 12 and
13   inserting the following:  "communities solely because
14   the housing within the land-leased community will be
15   modular or manufactured housing."
16     4.  Page 8, line 23, by inserting after the word
17   "students." the following:  "A manufactured home
18   located in a land-leased community shall be taxed
19   under section 435.22 as if the manufactured home were
20   located in a mobile home park."
21     5.  Page 8, by inserting after line 23 the
22   following:
23     "Sec. ___ .  Section 435.1, subsection 1, Code
24   Supplement 1997, is amended to read as follows:
25     1.  "Home" means a mobile home, or a manufactured
26   home, or a modular home."
27     6.  By renumbering as necessary.
Amendment H-8662 was adopted.
Fallon of Polk asked and received unanimous consent to withdraw
amendment H-8559 filed by him on March 23, 1998.
Dix of Butler offered the following amendment H-8663 filed by
him and moved its adoption:

H-8663

 1     Amend Senate File 2400, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 12, by striking lines 18 and 19 and
 4   inserting the following:  "by both regular mail and
 5   certified mail to the person's last known address and
 6   such notice is deemed completed when the notice by
 7   certified mail is deposited in the".
Amendment H-8663 was adopted.
Vande Hoef of Osceola offered amendment H-8623 filed by him as
follows:

H-8623

 1     Amend Senate File 2400, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 12, by inserting after line 30 the
 4   following:
 5     "Sec. ___.  NEW SECTION.  648.6  DELAYED VACATION
 6   - NOTICE TO LIEN HOLDERS.
 7     In cases covered by chapter 562B, a plaintiff may
 8   preserve the option of consenting to delayed vacation
 9   of a premises as provided in section 648.22A, by
10   sending a copy of the petition, prior to the date set
11   for hearing, by certified or restricted certified mail
12   to the county treasurer and to each lienholder whose
13   name and address are of record in the office of the
14   county treasurer of the county where the mobile home
15   or manufactured home is located.
16     Sec. ___.  NEW SECTION.  648.22A  EXECUTIONS
17   INVOLVING MOBILE HOMES AND MANUFACTURED HOMES.
18     1.  In cases covered by chapter 562B, upon
19   expiration of three days from the date the judgment is
20   entered pursuant to section 648.22, the defendant may
21   elect to leave a mobile home or manufactured home and
22   its contents in the mobile home park for up to thirty
23   days provided all of the following occur:
24     a.  The plaintiff consents and the plaintiff has
25   complied with the provisions of section 648.6.
26     b.  All utilities to the mobile home or
27   manufactured home are disconnected prior to expiration
28   of three days from the entry of judgment.  Payment of
29   any reasonable costs incurred in disconnecting
30   utilities is the responsibility of the defendant.
31     2.  During the thirty-day period the defendant may
32   have reasonable access to the home site to show the
33   home to prospective purchasers, prepare the home for
34   removal, or remove the home, provided that the
35   defendant gives the plaintiff and sheriff at least
36   twenty-four hours notice prior to each exercise of the
37   defendant's right of access.
38     3.  During the thirty-day period the defendant
39   shall not occupy the home or be present on the
40   premises between the hours of seven p.m. and seven
41   a.m.  A violation of this subsection shall be
42   punishable as contempt.
43     4.  If the defendant finds a purchaser of the home,
44   who is a prospective tenant of the mobile home park,
45   the provisions of section 562B.19, subsection 3,
46   paragraph "c", shall apply.
47     5.  If, within the thirty-day period, the home is
48   not sold to an approved purchaser or removed from the
49   mobile home park, all of the following shall occur:
50     a.  The home, its contents, and any other property

Page 2  

 1   of the defendant remaining on the premises shall
 2   become the property of the plaintiff free and clear of
 3   all rights of the defendant to the property and of all
 4   liens, claims, or encumbrances of third parties, and
 5   any tax levied pursuant to chapter 435 shall be deemed
 6   abated.
 7     b.  Any money judgment against the defendant and in
 8   favor of the plaintiff relating to the previous
 9   tenancy shall be deemed satisfied.
10     c.  The county treasurer, upon receipt of a fee
11   equal to the fee specified in section 321.42 for
12   replacement of certificates of title for motor
13   vehicles, and upon receipt of an affidavit submitted
14   by the plaintiff verifying that the home was not sold
15   to an approved purchaser or removed within the time
16   specified in this subsection, shall issue to the
17   plaintiff a new title for the home.
18     6.  A purchaser of the home shall be liable for any
19   unpaid sums due the plaintiff, sheriff, or county
20   treasurer.  For the purposes of this section,
21   "purchaser" includes a lienholder or other claimant
22   acquiring title to the home in whole or in part by
23   reason of a lien or other claim.
24     7.  A mobile home or manufactured home shall not be
25   removed without the prior payment to the plaintiff of
26   all sums owing at the time of entry of judgment,
27   interest accrued on such sums as provided by law, and
28   per diem rent for that portion of the thirty-day
29   period which has expired prior to removal, and payment
30   of any taxes due on the home which are not abated
31   pursuant to subsection 5."
32     2.  Title page, line 1, by inserting after the
33   word "treasurers" the following:  ", removal or sale
34   of a mobile home or manufactured home,".
35     3.  By renumbering as necessary.
Vande Hoef of Osceola offered the following amendment H-8706, to
amendment H-8623, filed by him and moved its adoption:

H-8706

 1     Amend the amendment, H-8623, to Senate File 2400,
 2   as amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  Page 2, by striking lines 5 and 6 and
 5   inserting the following:  "any tax levied pursuant to
 6   chapter 435 may be abated by the board of
 7   supervisors."
Amendment H-8706 was adopted.
Vande Hoef  of Osceola moved the adoption of amendment H-8623,
as amended.
Amendment H-8623, as amended, was adopted.
Dix of Butler offered the following amendment H-8536 filed by
him and moved its adoption:

H-8536

 1     Amend Senate File 2400, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 12, by striking lines 34 and 35 and
 4   inserting the following:
 5     "Sec. 33.  RETROACTIVE APPLICABILITY.  Sections 12,
 6   18 through 21, and 23 through 26 of this Act apply
 7   retroactively".
 8     2.  Title page, line 2, by striking the words "an
 9   applicability" and inserting the following:  "a
10   retroactive applicability".
Amendment H-8536 was adopted.
Dix of Butler 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. 2400)

The ayes were, 97:

Arnold 	Barry 	Bell 	Bernau 	Blodgett 	Boddicker 	Boggess
	Bradley 	Brand 	Brauns 	Brunkhorst 	Bukta 	Burnett 	Carroll
	Chapman 	Chiodo	Churchill 	Cohoon 	Connors 	Corbett, Spkr.
	Cormack 	Dinkla 	Dix 	Doderer 	Dolecheck 	Dotzler 	Drake	Drees
	Eddie	Falck	Foege 	Ford 	Frevert 	Garman 	Gipp 	Greig 	Greiner
	Gries 	Grundberg 	Hahn 	Hansen 	Heaton 	Holmes 	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 	Shoultz
	Siegrist	Sukup 	Taylor 	Teig	Thomas 	Thomson 	Tyrrell 	Van
Fossen 	Vande Hoef 	Veenstra 	Warnstadt 	Weidman 	Weigel 	Welter
	Whitead 	Wise 	Witt 	Van Maanen,
  Presiding

The nays were, 1:

Fallon 

Absent or not voting, 2:

Cataldo 	Schrader
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
HOUSE FILE 2440 WITHDRAWN
Dix of Butler asked and received unanimous consent to withdraw
House File 2440 from further consideration by the House.
Senate File 347, a bill for an act relating to the disposal of
public nuisances seized by the department of natural resources,
with report of committee recommending amendment and passage, was
taken up for consideration.
Huseman of Cherokee offered the following amendment H-8507 filed
by the committee on natural resources and moved its adoption:

H-8507

 1     Amend Senate File 347 as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, line 30, by striking the word "shall"
 4   and inserting the following:  "may".
 5     2.  Page 2, line 2, by striking the word "claim"
 6   and inserting the following:  "notice".
 7     3.  Page 2, by striking lines 6 through 8 and
 8   inserting the following:
 9     "c.  The state shall give notice of condemnation to
10   the person from whom the property was seized and any
11   person identified as an owner or lien holder, by
12   certified mail, personal service, or publication."
13     4.  Page 3, line 22, by inserting after the word
14   "order" the following:  "and shall be conducted in the
15   same manner as an appeal in a small claims action".
The committee amendment H-8507 was adopted.
Huseman of Cherokee 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. 347)

The ayes were, 97:

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

The nays were, none.

Absent or not voting, 3:

Cataldo 	Eddie 	Schrader
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 2400 and 347.
Senate File 2066, a bill for an act relating to child support
for a child completing high school graduation or equivalency
requirements, with report of committee recommending amendment
and passage, was taken up for consideration.
Moreland of Wapello offered the following amendment H-8510 filed
by the committee on human resources and moved its adoption:

H-8510

 1     Amend Senate File 2066, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, line 4, by striking the word "or" and
 4   inserting the following:  "or,".
 5     2.  Page 1, line 9, by inserting after the word
 6   "requirements" the following:  ", or a child through
 7   twenty-two years of age who has not yet graduated from
 8   high school due to academic reasons, illness,
 9   disability, or other circumstances, but who is engaged
10   full-time in completing high school graduation or
11   equivalency requirements".
12     3.  Page 1, by inserting after line 9 the
13   following:
14     "Sec. ___.  Section 252H.22, subsection 2, Code
15   Supplement 1997, is amended to read as follows:
16     2.  The support order provides for the ongoing
17   support of at least one child under the age of
18   eighteen, or a child between the ages of eighteen
and
19   through nineteen years of age who has not yet
20   graduated from high school but who is reasonably
21   expected to graduate from engaged full-time in
22   completing high school before attaining the age of
23   nineteen graduation or equivalency requirements, or
a
24   child through twenty-two years of age who has not yet
25   graduated from high school due to academic reasons,
26   illness, disability, or other circumstances, but who
27   is engaged full-time in completing high school
28   graduation or equivalency requirements."
29     4.  Page 1, line 25, by inserting after the word
30   "age;" the following:  "or a child through
twenty-two
31   years of age who has not yet graduated from high
32   school due to academic reasons, illness, disability,
33   or other circumstances, but who is engaged full-time
34   in completing high school graduation or equivalency
35   requirements,".
36     5.  By renumbering as necessary.
The committee amendment H-8510 was adopted.
Boddicker of Cedar moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 2066)

The ayes were, 97:

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

The nays were, 1:

Shoultz 

Absent or not voting, 2:

Cataldo 	Schrader
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 2330, a bill for an act relating to the filing of
civil litigation by prisoners and providing an effective date,
with report of committee recommending amendment and passage, was
taken up for consideration.
Larson of Linn offered the following amendment H-8512 filed by
the committee on judiciary and moved its adoption:

H-8512

 1     Amend Senate File 2330, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 3, by striking lines 21 through 31 and
 4   inserting the following:
 5     "b.  If the inmate or prisoner has no good conduct
 6   time credits to deduct, the order of the court or the
 7   disciplinary hearing may deduct up to fifty percent of
 8   the average".
 9     2.  Page 4, by striking lines 3 and 4.
10    3.  By renumbering as necessary.
The committee amendment H-8512 was adopted.
Larson of Linn offered the following amendment H-8845 filed by
him from the floor and moved its adoption:

H-8845

 1     Amend Senate File 2330, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, line 21, by striking the word "shall"
 4   and inserting the following:  "may".
Amendment H-8845 was adopted.
Larson of Linn moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 2330)

The ayes were, 98:

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

The nays were, none.

Absent or not voting, 2:

Cataldo	Schrader
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 2066 and 2330.
House File 2479, a bill for an act relating to real estate
titles involving bankruptcy, was taken up for consideration.
SENATE FILE 2378 SUBSTITUTED FOR HOUSE FILE 2479
Garman of Story asked and received unanimous consent to
substitute Senate File 2378 for House File 2479.
Senate File 2378, a bill for an act relating to real estate
titles involving bankruptcy, was taken up for consideration.
Garman of Story offered the following amendment H-8607 filed by
her and moved its adoption:

H-8607

 1     Amend Senate File 2378, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, line 26, by striking the word
 4   "Promptly" and inserting the following:  "Within three
 5   business days".
 6     2.  Page 1, by striking line 35 and inserting the
 7   following:
 8     "1.  If the real estate owner files an application
 9   for stay within twenty days of the date of mailing the
10   notice of filing the bankruptcy transcript by the
11   clerk with the district court in which".
12     3.  Page 2, by inserting after line 6 the
13   following:
14     "2.  The district court for the county in which the
15   bankruptcy transcript is filed has no jurisdiction to
16   stay the effects of the bankruptcy transcript either
17   as initially filed or as amended if the transcript
18   contains a certificate by the clerk of the bankruptcy
19   court of any of the following:
20     a.  The order affecting real estate has not been
21   appealed and the time for filing an appeal has
22   expired.
23     b.  The order affecting real estate has been
24   appealed and the order has been affirmed on appeal and
25   is not further appealable.
26     c.  An appeal from the order affecting real estate
27   has been filed and no stay from that order has been
28   granted by the bankruptcy court to the appealing
29   party.
30     3.  An amendment to the bankruptcy transcript
31   demonstrating the finality of the bankruptcy court
32   proceedings shall terminate any jurisdiction of the
33   district court to stay the effects of the bankruptcy
34   transcript."
Amendment H-8607 was adopted.
Garman of Story moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 2378)

The ayes were, 96:

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

The nays were, none.

Absent or not voting, 4:

Boggess 	Cataldo 	Lord 	Schrader 
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE FILE 2479 WITHDRAWN
Garman of Story asked and received unanimous consent to withdraw
House File 2479 from further consideration by the House.
Senate Joint Resolution 9, a joint resolution proposing an
amendment to the Constitution of the State of Iowa relating to
the qualifications of electors, with report of committee
recommending amendment and passage, was taken up for
consideration.
Jochum of Dubuque offered the following amendment H-8357 filed
by the committee on state government and moved its adoption:
H-8357

 1     Amend Senate Joint Resolution 9, as amended,
 2   passed, and reprinted by the Senate, as follows:
 3     1.  Page 1, line 6, by striking the words "to
 4   vote".
The committee amendment H-8357 was adopted.
Jochum of Dubuque moved that the joint resolution be read a last
time now and placed upon its adoption which motion prevailed and
the joint resolution was read a last time.
Senate Joint Resolution 9, a joint resolution proposing an
amendment to the Constitution of the State of Iowa relating to
the qualifications of electors.
Be It Resolved By The General Assembly Of The State Of Iowa:
Section 1. The following amendment to the Constitution of the
State of Iowa is proposed:
Section 5 of Article II of the Constitution of the State of Iowa
is repealed and the following adopted in lieu thereof:
DISQUALIFIED PERSONS. Sec. 5. A person adjudged mentally
incompetent to vote or convicted of any felony shall not be
entitled to the privilege of an elector.
Sec. 2. The foregoing amendment to the Constitution of the State
of Iowa is referred to the General Assembly to be chosen at the
next general election for members of the General Assembly, and
the Secretary of State is directed to cause the same to be
published for three consecutive months previous to the date of
that election as provided by law.
On the question "Shall the joint resolution be adopted and
agreed to?" (S.J.R. 9)

The yeas were, 93:

Arnold 	Barry 	Bell 	Bernau 	Blodgett 	Boddicker 	Boggess
	Bradley 	Brand 	Brauns 	Brunkhorst 	Bukta 	Burnett 	Carroll
	Chapman 	Chiodo 	Churchill 	Cohoon 	Connors 	Corbett,
Spkr.	Cormack 	Dinkla 	Dix 	Doderer 	Dolecheck 	Dotzler 	Drake
	Drees 	Falck 	Fallon 	Foege 	Ford 	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 	Martin 	Mascher 	May
	Mertz 	Metcalf 	Meyer 	Millage 	Mundie 	Murphy 	Myers 	Nelson
	O'Brien 	Osterhaus 	Rants 	Rayhons 	Reynolds-Knight 	Richardson
	Scherrman 	Shoultz 	Siegrist 	Sukup 	Taylor 	Thomas 	Thomson
	Tyrrell 	Van Fossen 	Vande Hoef 	Veenstra 	Warnstadt 	Weidman
	Weigel 	Welter 	Whitead 	Wise 	Witt 	Van Maanen,
  Presiding

The nays were, none.

Absent or not voting, 7:

Cataldo 	Eddie 	Frevert 	Lord 	Moreland 	Schrader 	Teig 
The joint resolution having received a constitutional majority
was declared to have been adopted and agreed to by the House.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
Senate File 2378 and Senate Joint Resolution 9.
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 April 1, 1998, amended and passed the
following bill in which the concurrence of the House is asked:
House File 2049, a bill for an act relating to redemption by a
county of certain parcels sold at property tax sale.
Also: That the Senate has on April 1, 1998, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 2136, a bill for an act relating to agricultural
drainage wells, by extending the date for complying with certain
requirements.
Also: That the Senate has on April 1, 1998, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 2487, a bill for an act relating to the fines and
penalties and other requirements applicable to the sale of
alcohol and providing an effective date.
Also: That the Senate has on April 1, 1998, passed the following
bill in which the concurrence of the Senate was asked:
House File 2495, a bill for an act relating to the conduct of
elections in the state.
Also: That the Senate has on April 1, 1998, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2335, a bill for an act relating to the prohibition
of sex acts between juveniles and employees and agents at
juvenile placement facilities and providing a penalty.
Also: That the Senate has on April 1, 1998, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2338, a bill for an act relating to the entities
responsible for assisting in international adoptions.
Also: That the Senate has on April 1, 1998, passed the following
bill in which the concurrence of the House is asked:
Senate File 2415, a bill for an act relating to agricultural
finance and providing an appropriation and taxation exemption,
and providing an effective date.
MARY PAT GUNDERSON, Secretary
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on April 1,
1998. Had I been present, I would have voted "aye" on Senate
File 2294 and "nay" on House File 2498.
RICHARDSON of Warren
On Wednesday, April 1, 1998, I inadvertently voted "nay" on
Senate File 2066.  I meant to vote "aye."
SHOULTZ of Black Hawk
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on April 1, 1998, he approved and transmitted to the Secretary
of State the following bills:
Senate File 2119, an act relating to the corn promotion board,
by increasing the ceiling on the state assessment of corn
subject to a special referendum and authorizing the receipt of
rents, royalties, and license fees by the board.
Senate File 2162, an act relating to the definition of the
federal Truth in Lending Act in the Iowa consumer credit code.
Senate File 2174, an act relating to agriculture by amending and
eliminating provisions to reflect current practices, and
transferring provisions.
Senate File 2189, an act relating to the number of bank offices
which may be established by a bank within a municipal
corporation or urban complex.
Senate File 2192, an act relating to motor vehicle damage
disclosure statements.
Senate File 2267, an act concerning the release of information
by the department of transportation to governmental employees.
Senate File 2301, an act relating to the operation and
regulation of banks and making technical corrections.
Senate File 2319, an act revising the definition of the practice
of land surveying.
Senate File 2340, an act relating to the Iowa egg council and to
an assessment on the sale of eggs for the support of the council.
Senate File 2350, an act establishing a state employee deferred
compensation trust fund.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Twenty-nine 4th grade students from Murray Elementary, Murray,
accompanied by Karen Stroud.  By Arnold of Lucas.
Twenty Government class students from Waco High School, Wayland,
accompanied by John Satre and Dianne Miller.  By Heaton of Henry.
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\384	Norma and Calvin Way, Volga - For celebrating their
50th wedding anniversary.
1998\385	Richard and Neola Sukkel, Monroe - For celebrating
their 50th wedding anniversary.
SUBCOMMITTEE ASSIGNMENT

Senate File 2368

Ways and Means: Weigel, Chair; Dinkla and Hansen.
RESOLUTIONS FILED
HR 104, by Fallon, Barry, Falck, Boddicker, Doderer, Veenstra,
Carroll, and Lord, a resolution regarding the intent of the
House of Representatives 
that interest groups form an advisory committee to develop
recommendations to reduce the frequency of abortions and
uplanned pregnancies in the state.
Laid over under Rule 25.
HCR 116, by Larson, Sukup, Hahn, Barry, Thomson, Van Fossen,
Martin, Wise, Falck, Bell, Mertz, and Thomas, a concurrent
resolution recognizing and commending the efforts of organizers
of the Iowa Summit on Volunteerism.
Laid over under Rule 25.
AMENDMENTS FILED

H-8842	S.F.	2321	Senate Amendment
H-8844	S.F.	2259	Larson of Linn
	Lamberti of Polk		Teig of Hamilton
	Rants of Woodbury		Gipp of Winneshiek
	Dolecheck of Ringgold	Brauns of Muscatine
	Kremer of Buchanan	Houser of Pottawattamie
	Dix of Butler		Carroll of Poweshiek
	Vande Hoef of Osceola	Drake of Pottawattamie
	Heaton of Henry		Mundie of Webster
	Welter of Jones		Klemme of Plymouth
	Holmes of Scott		Veenstra of Sioux
	Lord of Dallas		Gries of Crawford
	Hahn of Muscatine		Rayhons of Hancock
	Mertz of Kossuth		Van Fossen of Scott
	Richardson of Warren	Hansen of Pottawattamie
	Arnold of Lucas		Cormack of Webster
	Barry of Harrison		Bell of Jasper
	Drees of Carroll		Garman of Story
	Warnstadt of Woodbury	Tyrrell of Iowa
	Metcalf of Polk		Whitead of Woodbury
H-8847	H.F.	2506	Hahn of Muscatine
				Thomas of Clayton
H-8848	H.F.	2513	Shoultz of Black Hawk
	Holveck of Polk		Dotzler of Black Hawk
	Doderer of Johnson		Reynolds-Knight of Van Buren
	Mertz of Kossuth		Bernau of Story
	Kinzer of Scott		Mascher of Johnson
	Bukta of Clinton		May of Worth
	Warnstadt of Woodbury	Connors of Polk
	Osterhaus of Jackson	Larkin of Lee
	Koenigs of Mitchell		Wise of Lee
	Cohoon of Des Moines	Bell of Jasper
	Myers of Johnson		O'Brien of Boone
	Mundie of Webster		Scherrman of Dubuque
	Jochum of Dubuque		Taylor of Linn
	Weigel of Chickasaw
H-8849	H.F.	2513	Weigel of Chickasaw
H-8850	S.F.	58	Gries of Crawford
H-8851	S.F.	58	Gries of Crawford
H-8852	S.F.	2296	Holveck of Polk
				Dotzler of Black Hawk
				Reynolds-Knight of Van Buren
				Wise of Lee
H-8853	S.F.	2380	Osterhaus of Jackson
H-8854	S.F.	2387	Lamberti of Polk
H-8855	H.F.	2290	Dotzler of Black Hawk
H-8856	S.F.	2380	Brand of Tama
H-8857	S.F.	2380	Brand of Tama
H-8858	S.F.	2380	Brand of Tama
H-8859	S.F.	58	Dotzler of Black Hawk
				Foege of Linn
H-8860	S.F.	2296	Dotzler of Black Hawk
	Holveck of Polk		Reynolds-Knight of Van Buren
	Wise of Lee			Witt of Black Hawk
	Thomas of Clayton		Huser of Polk
	Kinzer of Scott		Falck of Fayette
	Shoultz of Black Hawk	Myers of Johnson
	Cohoon of Des Moines	Whitead of Woodbury
	Moreland of Wapello		Taylor of Linn
	Koenigs of Mitchell		Kreiman of Davis
	Fallon of Polk		Connors of Polk
	Bell of Jasper		Brand of Tama
	Jochum of Dubuque		Doderer of Johnson
	Foege of Linn		Burnett of Story
	Mascher of Johnson		Scherrman of Dubuque
	Larkin of Lee		Mertz of Kossuth
	Warnstadt of Woodbury	Murphy of Dubuque
	Cataldo of Polk		Chiodo of Polk
	Ford of Polk		Bernau of Story
	Osterhaus of Jackson
H-8861	S.F.	2296	Dotzler of Black Hawk
	Holveck of Polk		Reynolds-Knight of Van Buren
	Wise of Lee			Chiodo of Polk
	Huser of Polk		Osterhaus of Jackson
	Fallon of Polk		Falck of Fayette
	Shoultz of Black Hawk	Myers of Johnson
	Cohoon of Des Moines	Whitead of Woodbury
	Moreland of Wapello		Taylor of Linn
	Koenigs of Mitchell		Kreiman of Davis
	Connors of Polk		Bell of Jasper
	Brand of Tama		Jochum of Dubuque
	Doderer of Johnson		Foege of Linn
	Burnett of Story		Mascher of Johnson
	Scherrman of Dubuque	Larkin of Lee
	Mertz of Kossuth		Warnstadt of Woodbury
	Murphy of Dubuque		Cataldo of Polk
	Ford of Polk		Bernau of Story
	Frevert of Palo Alto		Witt of Black Hawk
	Thomas of Clayton		Kinzer of Scott
H-8862	S.F.	2296	Reynolds-Knight of Van Buren
	Dotzler of Black Hawk	Holveck of Polk
	Wise of Lee			Warnstadt of Woodbury
	Drees of Carroll		Brand of Tama
	Bukta of Clinton		Kreiman of Davis
	Osterhaus of Jackson	O'Brien of Boone
	Chapman of Linn		Moreland of Wapello
	Fallon of Polk		Falck of Fayette
	Kinzer of Scott		Witt of Black Hawk
	Shoultz of Black Hawk	Koenigs of Mitchell
	Murphy of Dubuque		Connors of Polk
	Doderer of Johnson		Jochum of Dubuque
	Mascher of Johnson		Burnett of Story
	Foege of Linn		Taylor of Linn
	Huser of Polk		Cataldo of Polk
	Chiodo of Polk		Ford of Polk
	Mertz of Kossuth		Mundie of Webster
	Larkin of Lee		Whitead of Woodbury
	Myers of Johnson		Schrader of Marion
	Weigel of Chickasaw		Bernau of Story
	Scherrman of Dubuque	Cohoon of Des Moines
H-8863	H.F.	2487	Senate Amendment
H-8864	H.F.	2049	Senate Amendment
H-8865	H.F.	2513	Jochum of Dubuque
	Witt of Black Hawk		Dotzler of Black Hawk
	Mertz of Kossuth		Reynolds-Knight of Van Buren
	Falck of Fayette		Murphy of Dubuque
	Kinzer of Scott		Whitead of Woodbury
	Burnett of Story		Thomas of Clayton
	Foege of Linn		Scherrman of Dubuque
	Myers of Johnson		Ford of Polk
	Cataldo of Polk		O'Brien of Boone
	Larkin of Lee		Mundie of Webster
	Cohoon of Des Moines	Osterhaus of Jackson
	Taylor of Linn		Frevert of Palo Alto
	Warnstadt of Woodbury	Bernau of Story
	Weigel of Chickasaw
H-8866	H.F.	2543	Dinkla of Guthrie
H-8867	S.F.	2345	Boddicker of Cedar 
				Moreland of Wapello
On motion by Siegrist of Pottawattamie, the House adjourned at
5:30 p.m., until 8:45 a.m., Thursday, April 2, 1998.

Correction to the Journal of March 31, 1998

Page 1123 - Message from the Senate should be House File 2135
not House File 2153.

Previous Day: Tuesday, March 31Next Day: Thursday, April 2
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