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Eighty-second Calendar Day - Fifty-sixth Session Day Hall of the House of Representatives Des Moines, Iowa, Friday, April 3, 1998 The House met pursuant to adjournment at 8:55 a.m., Speaker Corbett in the chair. Prayer was offered by the Honorable Rosemary Thomson, state representative from Linn County. The Journal of Thursday, April 2, 1998 was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Huser of Polk on request of Moreland of Wapello; Garman of Story on request of Siegrist of Pottawattamie; Falck of Fayette, until his arrival, on request of Dotzler of Black Hawk; Koenigs of Mitchell on request of Weigel of Chickasaw. INTRODUCTION OF BILLS House File 2546, by committee on appropriations, a bill for an act relating to waste tires and tire-derived fuels. Read first time and placed on the appropriations calendar. House File 2547, by committee on appropriations, a bill for an act establishing the IowAccess system and providing for an appropriation. Read first time and placed on the appropriations calendar. SENATE MESSAGES CONSIDERED Senate Joint Resolution 2001, by Jensen, a joint resolution relating to the interior renovation of the state capitol and requiring that certain portions be accessible to persons with disabilities, consistent with federal requirements by the year 2002. Read first time and referred to committee on appropriations. Senate File 2410, by committee on appropriations, a bill for an act relating to appropriations for the department of human services and the prevention of disabilities policy council and including other provisions and appropriations involving human services and health care, and providing effective dates and an applicability provision. Read first time and referred to committee on appropriations. The House stood at ease at 9:02 a.m., until the fall of the gavel. The House resumed session at 10:02 a.m., Speaker pro tempore Van Maanen of Marion in the chair. CONSIDERATION OF BILLS Unfinished Business Calendar Senate File 2254, a bill for an act relating to charges for room and board by certain prisoners, with report of committee recommending passage, was taken up for consideration. Fallon of Polk offered the following amendment H-8679 filed by him and moved its adoption: H-8679 1 Amend Senate File 2254, as passed by the Senate, as 2 follows: 3 1. Page 1, line 19, by inserting after the figure 4 "356.35" the following: "or to prisoners without 5 financial resources to pay the fees or that if the 6 fees are paid, the payment will cause a serious 7 financial hardship upon dependent family members". A non-record roll call was requested. The ayes were 23, nays 48. Amendment H-8679 lost. 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. 2254) The ayes were, 93: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Gipp Greig Greiner Gries Hahn Hansen Heaton Holmes Holveck Houser Huseman Jacobs Jenkins Jochum Kinzer Klemme Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, 2: Chapman Fallon Absent or not voting, 5: Cataldo Garman Grundberg Huser Koenigs The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 2208, a bill for an act relating to debt collection by excluding a financial institution and its employees from the definition of debt collector, with report of committee recommending passage, was taken up for consideration. Bradley of Clinton offered the following amendment H-8268 filed by him and moved its adoption: H-8268 1 Amend House File 2208 as follows: 2 1. By striking everything after the enacting 3 clause and inserting the following: 4 "Section 1. Section 537.7103, subsection 4, 5 paragraph b, Code Supplement 1997, is amended to read 6 as follows: 7 b. The failure to disclose in the initial written 8 communication with the debtor and, in addition, if the 9 initial communication with the debtor is oral, in that 10 initial oral communication, that the debt collector is 11 attempting to collect a debt and that information 12 obtained will be used for that purpose, and the 13 failure to disclose in subsequent communications that 14 the communication is from a debt collector, except 15 that this paragraph does not apply toaeither of the 16 following: 17 (1) A formal pleading made in connection with a 18 legal action. 19 (2) Communications issued directly by a state bank 20 as defined in section 524.103, a state bank chartered 21 under the laws of any other state, a national banking 22 association, a trust company, a federally chartered 23 savings and loan association or savings bank, an out- 24 of-state chartered savings and loan association or 25 savings bank, a financial institution chartered by the 26 federal home loan bank board, an association 27 incorporated or authorized to do business under 28 chapter 534, or a state or federally chartered credit 29 union, provided the communication does not deceptively 30 conceal its origin or its purpose." 31 2. Title page, line 1, by striking the words 32 "collection by excluding a financial" and inserting 33 the following: "collection." 34 3. Title page, by striking lines 2 and 3. Amendment H-8268 was adopted. SENATE FILE 2188 SUBSTITUTED FOR HOUSE FILE 2208 Bradley of Clinton asked and received unanimous consent to substitute Senate File 2188 for House File 2208. Senate File 2188, a bill for an act relating to debt collection, was taken up for consideration. Bradley of Clinton offered the following amendment H-8269 filed by him and moved its adoption: H-8269 1 Amend Senate File 2188, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by striking line 22 and inserting the 4 following: "a state or federally chartered credit 5 union, or a company or association organized or 6 authorized to do business under chapter 515, 518, 7 518A, or 520, or an officer, employee, or agent of 8 such company or association, provided the". Amendment H-8269 was adopted. Bradley of Clinton 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. 2188) The ayes were, 94: Arnold Barry Bell Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holveck Houser Huseman Jacobs Jenkins Jochum Kinzer Klemme Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, 1: Bernau Absent or not voting, 5: Garman Holmes Huser Koenigs Meyer The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 2208 WITHDRAWN Bradley of Clinton asked and received unanimous consent to withdraw House File 2208 from further consideration by the House. Ways and Means Calendar House File 2535, a bill for an act relating to the extension of the reduced excise tax imposed on motor fuel containing ethanol, was taken up for consideration. SENATE FILE 2407 SUBSTITUTED FOR HOUSE FILE 2535 Drake of Pottawattamie asked and received unanimous consent to substitute Senate File 2407 for House File 2535. Unfinished Business Calendar Senate File 2407, a bill for an act relating to the extension of the reduced excise tax imposed on motor fuel containing ethanol, was taken up for consideration. Drake of Pottawattamie 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. 2407) The ayes were, 93: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Gipp Greig Greiner Gries Hahn Hansen Heaton Holmes Holveck Houser Huseman Jacobs Jenkins Jochum Kinzer Klemme Kreiman Kremer Lamberti Larkin Larson Lord Mascher May Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader 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, 7: Garman Grundberg Huser Koenigs Martin Meyer Shoultz The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 2535 WITHDRAWN Drake of Pottawattamie asked and received unanimous consent to withdraw House File 2535 from further consideration by the House. House File 2467, a bill for an act relating to the standard uniforms of sheriffs and deputy sheriffs, was taken up for consideration. SENATE FILE 2372 SUBSTITUTED FOR HOUSE FILE 2467 Welter of Jones asked and received unanimous consent to substitute Senate File 2372 for House File 2467. Senate File 2372, a bill for an act relating to the standard uniforms of sheriffs and deputy sheriffs, was taken up for consideration. Welter of Jones moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2372) The ayes were, 93: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Jochum Kinzer Klemme Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Van Maanen, Presiding The nays were, none. Absent or not voting, 7: Dolecheck Garman Holveck Huser Koenigs Meyer Witt The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 2467 WITHDRAWN Welter of Jones asked and received unanimous consent to withdraw House File 2467 from further consideration by the House. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 2254, 2188, 2407 and 2372. Senate File 2261, a bill for an act relating to the criteria for the awarding of grandparent and great-grandparent visitation rights, with report of committee recommending passage, was taken up for consideration. Kremer of Buchanan 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. 2261) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Jacobs Jenkins Jochum Kinzer Klemme Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 5: Garman Huser Koenigs Meyer Vande Hoef The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 2185, a bill for an act providing for the purchase of biodegradable hydraulic fluids manufactured from soybeans by state agencies, with report of committee recommending passage, was taken up for consideration. Jenkins of Black Hawk 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. 2185) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Jacobs Jenkins Jochum Kinzer Klemme Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 5: Chapman Garman Huser Koenigs Meyer The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 2311, a bill for an act relating to partnerships by replacing the existing law with a uniform partnership law and providing penalties and an effective date, with report of committee recommending amendment and passage, was taken up for consideration. Larson of Linn offered the following amendment H-8544 filed by the committee on judiciary and moved its adoption: H-8544 1 Amend Senate File 2311, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 48, line 17, by striking the figure "100" 4 and inserting the following: "50". The committee amendment H-8544 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. 2311) The ayes were, 96: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Jacobs Jenkins Jochum Kinzer Klemme Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 4: Garman Huser Koenigs Meyer The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 2261, 2185 and 2311. SENATE AMENDMENT CONSIDERED Rants of Woodbury called up for consideration House File 2169, a bill for an act raising the limit on the amount of assets subject to a conservatorship in cases where a private nonprofit corporation serves as conservator, amended by the Senate, and moved that the House concur in the following Senate amendment H-8601: H-8601 1 Amend House File 2169, as passed by the House, as 2 follows: 3 1. Page 1, by inserting after line 11 the 4 following: 5 "Sec. ___. Section 633.681, Code 1997, is amended 6 to read as follows: 7 633.681 ASSETS OF MINOR WARD EXHAUSTED. 8 When the assets of a minor ward's conservatorship 9 are exhausted or consist of personal property only of 10 an aggregate value not in excess offourten thousand 11 dollars, the court, upon application or upon its own 12 motion, may terminate the conservatorshipand. The 13 order for termination shall direct the conservator to 14 delivertheany property remaining after the payment 15 of allowed claims and expenses of administration to 16the parent or other person entitled to the custody of17the minor ward, for the use of the ward, after payment18of allowed claims and expenses of administrationa 19 custodian under any uniform transfers to minors Act. 20 Such delivery shall have the same force and effect as 21 if delivery had been made to the ward after attaining 22 majority." 23 2. Title page, line 3, by inserting after the 24 word "conservator" the following: "and providing for 25 an increase in the amount of assets in a minor ward's 26 conservatorship eligible for an order for termination 27 of the conservatorship and for delivery of the 28 conservatorship assets to certain custodians". 29 3. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-8601. Rants of Woodbury 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. 2169) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Jacobs Jenkins Jochum Kinzer Klemme Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 5: Dolecheck Garman Huser Koenigs Meyer The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. SENATE AMENDMENT CONSIDERED Veenstra of Sioux called up for consideration House File 2262, a bill for an act to permit out-of-state peace officers to act within this state pursuant to agreements between state or local authorities, amended by the Senate, and moved that the House concur in the following Senate amendment H-8599: H-8599 1 Amend House File 2262, as passed by the House, as 2 follows: 3 1. Page 1, line 11, by inserting after the word 4 "located." the following: "Notwithstanding section 5 804.7A, for purposes of this section "out-of-state 6 peace officer" also means a person employed full-time 7 by the United States government who is empowered to 8 effect an arrest with or without a warrant for a 9 violation of the United States Code and who is 10 authorized to carry a firearm in the performance of 11 the person's duties as a federal law enforcement 12 officer." 13 2. Title page, line 2, by striking the word 14 "between" and inserting the following: "with". The motion prevailed and the House concurred in the Senate amendment H-8599. Veenstra of Sioux 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. 2262) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Jacobs Jenkins Jochum Kinzer Klemme Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Moreland Mundie Murphy Myers O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 5: Garman Huser Koenigs Meyer Nelson The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. SENATE AMENDMENT CONSIDERED Vande Hoef of Osceola called up for consideration House File 2211, a bill for an act relating to the liability for and payment of medical costs and other expenses incurred by certain prisoners and escapees, amended by the Senate, and moved that the House concur in the following Senate amendment H-8826: H-8826 1 Amend House File 2211, as passed by the House, as 2 follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. Section 669.2, subsection 4, 6 unnumbered paragraph 1, Code Supplement 1997, is 7 amended to read as follows: 8 "Employee of the state" includes any one or more 9 officers, agents, or employees of the state or any 10 state agency, including members of the general 11 assembly, and persons acting on behalf of the state or 12 any state agency in any official capacity, temporarily 13 or permanently in the service of the state of Iowa, 14 whether with or without compensation, but does not 15 include a contractor doing business with the state. 16 Professional personnel, including physicians, 17 osteopathic physicians and surgeons, osteopathic 18 physicians, optometrists, dentists, nurses, physician 19 assistants, and other medical personnel, who render 20 services to patients or inmates of state institutions 21 under the jurisdiction of the department of human 22 services or the Iowa department of corrections, and 23 employees of the commission of veterans affairs, are 24 to be considered employees of the state, whether the 25 personnel are employed on a full-time basis or render 26 services on a part-time basis on a fee schedule or 27 other arrangement. Criminal defendants while 28 performing unpaid community service ordered by the 29 district court, board of parole, or judicial district 30 department of correctional services, or an inmate 31 providing services pursuant to a chapter 28E agreement 32 entered into pursuant to section 904.703, and persons 33 supervising those inmates under and according to the 34 terms of the chapter 28E agreement, are to be 35 considered employees of the state. 36 Sec. ___. Section 669.21, Code 1997, is amended to 37 read as follows: 38 669.21 EMPLOYEES DEFENDED AND INDEMNIFIED. 39 The state shall defend any employee, and shall 40 indemnify and hold harmless an employee against any 41 claim as defined in section 669.2, subsection 3, 42 paragraph "b", including claims arising under the 43 Constitution, statutes, or rules of the United States 44 or of any state. The duty to indemnify and hold 45 harmless shall not apply and the state shall be 46 entitled to restitution from an employee if the 47 employee fails to cooperate in the investigation or 48 defense of the claim, as defined in this section, or, 49 if, in an action commenced by the state against the 50 employee, it is determined that the conduct of the Page 2 1 employee upon which a tort claim or demand was based 2 constituted a willful and wanton act or omission or 3 malfeasance in office. 4 Sec. ___. Section 669.22, Code 1997, is amended to 5 read as follows: 6 669.22 ACTIONS IN FEDERAL COURT. 7 The state shall defend any employee, and shall 8 indemnify and hold harmless an employee of the state 9 in any action commenced in federal court under section 10 1983, Title 42, United States Code, against the 11 employee for acts of the employee while acting in the 12 scope of employment. The duty to indemnify and hold 13 harmless shall not apply and the state shall be 14 entitled to restitution from an employee if the 15 employee fails to cooperate in the investigation or 16 defense of the claim or demand, or if, in an action 17 commenced by the state against the employee, it is 18 determined that the conduct of the employee upon which 19 the claim or demand was based constituted a willful 20 and wanton act or omission or malfeasance in office." 21 2. Page 1, by inserting after line 22 the 22 following: 23 "Sec. ___. Section 904.703, unnumbered paragraph 24 3, Code 1997, is amended to read as follows: 25 The director may enter into a chapter 28E agreement 26 with a county board of supervisors or county 27 conservation board to provide inmate services for 28 environmental maintenance including but not limited to 29 brush and weed cutting, tree planting, and erosion 30 control.The board of supervisors or conservation31board shall reimburse the department of corrections32for the allowance paid the inmates by the director.33The supervision, security, and transportation of34inmates used pursuant to the chapter 28E agreement35shall be provided by the department of corrections."36 3. Title page, line 1, by striking the word 37 "medical" and inserting the following: "certain". 38 4. Title page, line 2, by striking the words 39 "incurred by certain prisoners" and inserting the 40 following: "relating to certain inmates, prisoners,". The motion prevailed and the House concurred in the Senate amendment H-8826. Vande Hoef of Osceola 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. 2211) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Jacobs Jenkins Jochum Kinzer Klemme Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 5: Garman Huser Koenigs Meyer Van Fossen 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: House Files 2169, 2262 and 2211. Appropriations Calendar Senate File 2296, a bill for an act appropriating funds to the department of economic development, certain board of regents institutions, the department of workforce development, the public employment relations board, making related statutory changes, and providing an effective date provision, with report of committee recommending amendment and passage, was taken up for consideration. Churchill of Polk offered amendment H-8711 filed by the committee on appropriations as follows: H-8711 1 Amend Senate File 2296, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 14, line 16, by striking the words and 4 figures "by July 1, 1998". 5 2. Page 16, by inserting after line 24 the 6 following: 7 "Sec. 13A. IOWA HOUSING CORPORATION. There is 8 appropriated from the strategic investment fund to the 9 Iowa housing corporation for the fiscal year beginning 10 July 1, 1998, and ending June 30, 1999, the following 11 amount, or so much thereof as is necessary, to be used 12 for the purposes designated: 13 For assisting in the payment of per diem expenses 14 for board members attending the bimonthly board 15 meetings: 16 $ 7,350 17 Sec. 13B. AUDITOR OF STATE. There is appropriated 18 from the strategic investment fund to the auditor of 19 state for the fiscal year beginning July 1, 1998, and 20 ending June 30, 1999, the following amount, or so much 21 thereof as is necessary, to be used for the purposes 22 designated: 23 For payment of expenses related to auditing of the 24 Iowa housing corporation: 25 $ 4,000 26 Sec. 13C. Section 16.5, Code Supplement 1997, is 27 amended by adding the following new subsections: 28 NEW SUBSECTION. 18. Require any nonprofit 29 corporation created by or in association with the 30 authority since January 1, 1989, to include two 31 representatives of nonprofit housing organizations as 32 voting members on the board of directors of any such 33 corporation. Any such nonprofit corporation shall not 34 have more than one member on the board of directors 35 who is employed by the authority or serves on the 36 board of directors of the authority. 37 NEW SUBSECTION. 19. Require any nonprofit 38 corporation created by or in association with the 39 authority since January 1, 1989, to file a detailed 40 report by January 15 of each year with the 41 chairpersons and ranking members of the appropriate 42 appropriations subcommittees of the general assembly 43 which shall include, at a minimum, all of the 44 following: 45 a. An annual report of the corporation. 46 b. An itemized list of projects assisted, project 47 fees received, project locations, types and amounts of 48 assistance provided, and contact persons for each 49 project. 50 c. An itemized list of types and amounts of Page 2 1 financial assistance provided to the corporation by 2 outside sources. 3 d. A list, by position, of all corporate employees 4 and board members. The information submitted pursuant 5 to this paragraph shall include the compensation 6 received, including salary and benefits, received by 7 each employee and board member. 8 NEW SUBSECTION. 20. Require any nonprofit 9 corporation created by or in association with the 10 authority since January 1, 1989, to adopt a written 11 conflict of interests policy. 12 Sec. 13D. AUDIT. By January 15, 1999, the auditor 13 of state shall conduct an audit, or review any 14 previously completed audit, of any nonprofit 15 corporation in existence which has been incorporated 16 since January 1, 1989, by or in association with the 17 Iowa finance authority, for the entire time period 18 since the corporation was incorporated. The auditor 19 shall make or cause to be made a written report 20 consistent with and similar to the type of report 21 required under section 11.4. The auditor of state may 22 conduct similar additional audits of the same 23 nonprofit corporation as the auditor deems necessary 24 and the nonprofit corporation shall pay a fee for all 25 audits conducted. 26 Sec. 13E. HOUSING CORPORATION BOARD. The board of 27 directors of the Iowa housing corporation shall 28 consist of seven voting members serving staggered 29 three-year terms. Two members shall be 30 representatives of nonprofit housing organizations 31 appointed by the governor subject to confirmation by 32 the senate. The Iowa association of realtors, the 33 home builders association of Iowa, and the Iowa 34 bankers association shall all appoint one member to 35 the board. The governor shall appoint the remaining 36 two board members subject to confirmation by the 37 senate. The initial terms of one representative of a 38 nonprofit housing organization and the representative 39 of the Iowa association of realtors shall be appointed 40 for terms commencing by July 1, 1998, or as soon 41 thereafter as possible, the representative of the Iowa 42 bankers association and one appointment by the 43 governor from the general public shall be appointed 44 for terms commencing May 1, 1999, and the 45 representative of the home builders association of 46 Iowa, one representative of a nonprofit housing 47 organization, and one appointment by the governor from 48 the general public shall be appointed for terms 49 commencing May 1, 2000. Board members serving on the 50 effective date of this section shall continue to serve Page 3 1 on the board until replaced by members designated in 2 this section. After the initial appointments, all 3 succeeding appointees shall serve staggered three year 4 terms beginning and ending as provided in chapter 69. 5 All appointments to the board of directors made by the 6 governor shall conform to the requirements of sections 7 69.15, 69.16, 69.16A, 69.17, 69.18, and 69.19. An 8 employee or staff member of the Iowa housing 9 corporation shall not be eligible to serve on the 10 board of directors." 11 3. By striking page 16, line 25, through page 17, 12 line 27, and inserting the following: 13 "Sec. 14. TERMINATION OF THE IOWA SEED CAPITAL 14 CORPORATION. On or before June 30, 1998, the board of 15 directors of the Iowa seed capital corporation shall 16 wind up the affairs of the corporation, including the 17 termination of staff and dissolution of the 18 corporation. On or before June 30, 1998, the board of 19 directors of the Iowa seed capital corporation shall 20 transfer all corporation moneys to the strategic 21 investment fund established in section 15.313 for the 22 purposes specified in this section. On or before June 23 30, 1998, the board of directors of the Iowa seed 24 capital corporation shall assign its ownership rights 25 in its portfolio and all other noncash assets to the 26 Iowa public employees' retirement system as the 27 successor and assignee of the Iowa seed capital 28 corporation. The general assembly finds that this 29 assignment allows for the benefits of the Iowa seed 30 capital corporation to inure to the state. Debts or 31 obligations of the corporation shall not be 32 transferred to the Iowa public employees' retirement 33 system. The general assembly intends this process to 34 minimize any adverse impact on the portfolio 35 companies, while maximizing the long-term benefit to 36 the state. 37 The moneys transferred to the strategic investment 38 fund shall, unless otherwise specified by law, be used 39 for any of the following purposes relating to venture 40 capital, new business starts, and entrepreneurial 41 development: the entrepreneurial ventures assistance 42 program, the small business innovative research grant 43 program, recognized entrepreneurial venture 44 development training programs, projects defined as a 45 new business opportunity, a new product development, 46 and a venture project under the community economic 47 betterment program, and other joint initiatives of the 48 department with the John Pappajohn entrepreneurial 49 centers." 50 4. Page 19, by striking lines 27 and 28 and Page 4 1 inserting the following: 2 "Sec. 23. Sections 13C, 13D, 13E, and 14 of this 3 Act, being deemed of immediate importance, take effect 4 upon enactment." 5 5. Title page, line 4, by inserting after the 6 word "board," the following: "auditor of state, Iowa 7 housing corporation,". 8 6. By renumbering, relettering, or redesignating 9 and correcting internal references as necessary. Larson of Linn asked and received unanimous consent to withdraw amendment H-8896, to the committee amendment H-8711, filed by him from the floor. Larson of Linn offered the following amendment H-8898, to the committee amendment H-8711, filed by him from the floor and moved its adoption: H-8898 1 Amend the amendment, H-8711, to Senate File 2296, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by inserting after line 25 the 5 following: 6 "Sec. ___. Section 15E.83, Code 1997, is amended 7 to read as follows: 8 15E.83 SEED CAPITAL CORPORATION. 9 1. The Iowa seed capital corporation shall be 10 incorporated under chapter 504A.The purpose of the11corporation shall be to provide seed capital to start-12up and emerging growth companies in Iowa that are13bringing new products and processes to the14marketplace, and it shall be the goal of the15corporation to financially support the establishment16and growth of start-up and emerging growth companies17that can contribute to the economic diversity of the18state and provide general and specific economic19benefits to the state. The corporation shall only20provide seed capital or financial assistance to Iowa21businesses. The corporation shall not be regarded as22a state agency, except for purposes of chapters 17A23and 69, and a member of the board is not considered a24state employee, except for purposes of chapter 669.25An individual employed by the corporation is a state26employee for purposes of the Iowa public employees'27retirement system, state health and dental plans, and28other state employee benefit plans and chapter 669.29Chapters 8, 18, 19A, and 20 and other provisions of30law that relate to requirements or restrictions31dealing with state personnel or state funds do not32apply to the corporation and any employees of the33board or corporation except to the extent provided in34this division. Chapters 21 and 22 shall apply to35activities of the corporation and to employees of the36board or corporation except to the extent provided in37this division.38 2. The corporation shall be governed by a board of 39sevendirectorswho shall serve a term of fouryears. 40Of the seven directors, four shall be persons41experienced in business finance and employed at a bank42or other financial institution, be a certified public43accountant, be an attorney, or be a licensed44stockbroker. Each director shall serve at the45pleasure of the governor and shall be appointed by the46governor, subject to confirmation by the senate47pursuant to section 2.32. A director is eligible for48reappointment. A vacancy on the board of directors49shall be filled in the same manner as an original50appointment.Page 2 13. The board of directors shall annually elect one2member as chairperson and one member as secretary.3The board may elect other officers of the corporation4as necessary. Members shall be reimbursed for5necessary expenses incurred in the performance of6duties from funds appropriated to the corporation.7 4 3. Each director of the corporation shall take 8 an oath of office and the record of each oath shall be 9 filed in the office of the secretary of state. 1054. The corporation shall receive information and 11 cooperate with other agencies of the state and the 12 political subdivisions of the state. 13 Sec. ___. Section 15E.85, Code 1997, is amended to 14 read as follows: 15 15E.85 BOARD OF DIRECTORS. 16 The powers of the corporation are vested in and 17 shall be exercised by the board of directors.Four18members of the board constitute a quorum and an19affirmative vote of at least four of the members20present at a meeting is necessary before an action may21be taken by the board.An action taken by the board 22 shall be authorized by resolution at a regular or 23 special meeting and takes effect immediately unless 24 the resolution specifies otherwise. Notice of a 25 meeting shall be given orally or in writing not less 26 than forty-eight hours prior to the meeting. 27 Sec. ___. Section 15E.87, Code 1997, is amended to 28 read as follows: 29 15E.87 CORPORATE PURPOSE - POWERS. 30 The purpose of the corporation is to stimulate and 31 encourage the development of new products within Iowa 32 by the infusion of financial aid for invention and 33 innovation in situations in which financial aid would 34 not otherwise be reasonably available from commercial 35 sources. For this purpose the corporation has the 36 following powers: 37 1. To have perpetual succession as a corporate 38 body and to adopt bylaws, policies, and procedures for 39 the regulation of its affairs and conduct of its 40 business consistent with the purposes of this 41 division. 422. To enter into venture agreements with persons43doing business in Iowa upon conditions and terms which44are consistent with the purposes of this division for45the advancement of financial aid to the persons. The46financial aid advanced shall be for the development of47specific products, procedures, and techniques which48are to be developed and produced in this state. The49corporation shall condition the agreements upon50contractual assurances that the benefits of increasingPage 3 1or maintaining employment and tax revenues shall2remain in Iowa.33. To receive and accept aid or contributions from4a source of money, property, labor, or other things of5value to be used to carry out the purposes of this6division including gifts or grants from a department7or agency of the United States or any state.84. To issue notes and bonds as provided under this~`'9division.1052. To hold patents, copyrights, trademarks, or 11 other evidences of protection or exclusivity issued 12 under the laws of this state or the United States to 13 any products. 1463. To employ assistants, agents, and other 15 employees and to engage consultants, attorneys, and 16 appraisers as necessary or desirable to carry out the 17 purposes of the corporation. 1874. To make and enter into contracts and 19 agreements necessary or incidental to its performance 20 of the duties and the powers granted to the 21 corporation. 2285. To sue and be sued, plead, and adopt a seal. 2396. With the approval of the treasurer of state, 24 to invest funds which are not needed for immediate use 25 or disbursement, including funds held in reserve, in 26 obligations issued or guaranteed by the state or the 27 United States. 28107. To procure insurance against a loss in 29 connection with its property and other assets. 30118. To the extent permitted under a corporation 31 contract with other persons, to consent to a 32 termination, modification, forgiveness, or other 33 change in the terms of a contractual right, payment, 34 royalty, contract, or agreement. 35129. To take necessary action to render bonds 36 issued under this division more marketable." 37 2. Page 3, by striking lines 13 through 49 and 38 inserting the following: 39 ""Sec. ___. LIQUIDATION OF THE IOWA SEED CAPITAL 40 CORPORATION. Notwithstanding sections 15E.81 through 41 15E.94, sections 15E.181 through 15E.184, and 1997 42 Iowa Acts, chapter 143, sections 5 and 6, it is the 43 intent of the general assembly that the Iowa seed 44 capital corporation shall be liquidated or sold in an 45 orderly manner. On May 31, 1998, the terms of the 46 board members of the Iowa seed capital corporation 47 shall terminate, the Iowa seed capital corporation 48 shall be renamed the ISCC liquidation corporation, and 49 a three-person board shall be constituted to complete 50 the orderly liquidation or sale of the assets of the Page 4 1 ISCC liquidation corporation. The ISCC liquidation 2 corporation board shall consist of the commissioner of 3 insurance or the commissioner's designee, the 4 superintendent of banking or the superintendent's 5 designee, and the treasurer of state or the 6 treasurer's designee. The members of the ISCC 7 liquidation corporation board and any staff providing 8 assistance to the board shall not be liable for their 9 acts or omissions in connection with the liquidation 10 or sale of the corporation. The ISCC liquidation 11 corporation board shall close the corporation offices 12 at 200 East Grand, Des Moines, Iowa, by June 30, 1998, 13 terminate the officers and staff of the corporation by 14 June 30, 1998, and shall not hire a new permanent or 15 temporary staff to operate this corporation. 16 The staff of the treasurer of state shall provide 17 administrative support to the ISCC liquidation 18 corporation board and the corporation shall reimburse 19 the treasurer of state for the reasonable costs of 20 providing administrative support. The attorney 21 general shall be consulted and shall provide legal 22 support throughout the liquidation and sale process 23 and the corporation shall reimburse the attorney 24 general for the reasonable costs of providing any such 25 consultation and legal support. 26 The ISCC liquidation corporation board's goals in 27 supervising the liquidation or sale of the corporation 28 are to maximize the net revenue to the state and 29 minimize the impact to the companies involved. The 30 board shall not make any new investments during the 31 liquidation period, except for those necessary to 32 protect and maintain its current holdings. 33 The ISCC liquidation corporation board is 34 authorized to contract for the services, including 35 brokers, other financial advisors or consultants, or 36 legal advisors, necessary to complete the orderly 37 liquidation or sale of the ISCC liquidation 38 corporation. 39 The ISCC liquidation corporation board may 40 determine the potential administrative, legal, and 41 contractual service costs for the liquidation or sale 42 of the corporation and may maintain a prudent reserve 43 fund from liquid assets of the corporation for such 44 purposes. Upon the unanimous vote of the ISCC 45 liquidation corporation board the remainder of the 46 liquid assets shall be transferred to the strategic 47 investment fund established in section 15.313. 48 Following the complete liquidation and dissolution 49 of the corporation or the sale of the corporation, all 50 remaining moneys shall be transferred to the strategic Page 5 1 investment fund. Upon transfer of the remaining 2 moneys to the strategic investment fund, the ISCC 3 liquidation corporation board shall be dissolved."" 4 3. Page 3, by inserting after line 49 the 5 following: 6 " . Page 19, by inserting after line 26 the 7 following: 8 "Sec. __. Section 15E.86, Code 1997, is 9 repealed."" Amendment H-8898 was adopted. Churchill of Polk asked and received unanimous consent that the committee amendment H-8711, as amended, be deferred. Millage of Scott asked and received unanimous consent that amendment H-8900 be deferred. Holveck of Polk asked and received unanimous consent that amendment H-8852 be deferred. Dotzler of Black Hawk asked and received unanimous consent that amendment H-8860 and amendment H-8861 be deferred. Reynolds-Knight of Van Buren asked and received unanimous consent that amendment H-8862 be deferred. Larkin of Lee offered the following amendment H-8818 filed by him and Cohoon of Des Moines and moved its adoption: H-8818 1 Amend Senate File 2296, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 7, by inserting after line 4 the 4 following: 5 "g. Volunteerism Program 6 For the purposes of implementing and administering 7 a volunteerism program pursuant to this lettered 8 paragraph: 9 $ 500,000 10 The department shall implement and administer a 11 one-year program on volunteerism beginning July 1, 12 1998. The department shall provide grants to counties 13 in order to provide assistance in implementing and 14 administering America's promise programs. All 15 counties in the state shall be eligible to participate 16 in the program. The department shall develop the 17 criteria for receiving grant moneys. The criteria 18 shall include, but not be limited to, need and the 19 impact of the program." Roll call was requested by Larkin of Lee and Siegrist of Pottawattamie. On the question "Shall amendment H-8818 be adopted?" (S.F. 2296) The ayes were, 45: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Heaton Holveck Jochum Kinzer Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 52: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Dinkla Dix Dolecheck Drake Eddie Gipp Greig Greiner Gries Grundberg Hahn Hansen Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 3: Garman Huser Koenigs Amendment H-8818 lost. Cormack of Webster asked and received unanimous consent to withdraw amendment H-8782 filed by him on March 30, 1998. Cormack of Webster offered the following amendment H-8872 filed by him and moved its adoption: H-8872 1 Amend Senate File 2296, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 7, by inserting after line 16 the 4 following: 5 "The department shall file a report every six 6 months with the general assembly in a manner 7 consistent with section 7A.11 and with the 8 chairpersons and ranking members of the joint 9 appropriations subcommittee on economic development 10 which gives an update of all activities regarding 11 trade promotion in the Chinese market." Speaker Corbett in the chair at 12:00 p.m. Amendment H-8872 was adopted. Churchill of Polk offered the following amendment H-8870 filed by him and moved its adoption: H-8870 1 Amend Senate File 2296, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 10, line 5, by striking the figure 4 "6,175,000" and inserting the following: "6,850,000". Amendment H-8870 was adopted. Dix of Butler asked and received unanimous consent to withdraw amendment H-8883 filed by him and Heaton of Henry on April 2, 1998. Larson of Linn offered the following amendment H-8901, to the committee amendment H-8711, filed by him and Holveck of Polk, Weigel of Chickasaw and Dotzler of Black Hawk from the floor and moved its adoption: H-8901 1 Amend the amendment, H-8711, to Senate File 2296, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 3, by inserting after line 49 the 5 following: 6 " . Page 18, by inserting after line 27 the 7 following: 8 "Sec. ___. By December 31 of each year, the ISCC 9 liquidation corporation shall submit an annual report 10 to the chairpersons and the ranking members of the 11 joint appropriations subcommittee on economic 12 development. The report shall include an update on 13 the financial condition of the corporation relating to 14 the status of any moneys, assets, or contracts 15 currently being held by the corporation or transferred 16 by the corporation during the prior year."" Amendment H-8901 was adopted. Churchill of Polk moved the adoption of the committee amendment H-8711, as amended. The committee amendment H-8711, as amended, was adopted. Millage of Scott asked and received unanimous consent that amendment H-8900 be deferred. Siegrist of Pottawattamie asked and received unanimous consent that Senate File 2296 be deferred and that the bill retain its place on the calendar. SENATE AMENDMENT CONSIDERED Bradley of Clinton called up for consideration House File 681, a bill for an act creating an environmental audit privilege and immunity, and an environmental auditor training program, and providing penalties, amended by the Senate amendment H-8666 as follows: H-8666 1 Amend House File 681, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, line 12, by striking the word ", 4 which" and inserting the following: "when the 5 facility, operation, or activity". 6 2. Page 1, line 15, by inserting after the word 7 "contractor" the following: "retained by the owner or 8 operator". 9 3. Page 1, line 28, by striking the words "and 10 filed with the department". 11 4. Page 2, line 4, by striking the words "A 12 report" and inserting the following: "An executive 13 summary". 14 5. Page 2, line 5, by striking the word "audit," 15 and inserting the following: "audit". 16 6. Page 2, by striking lines 23 and 24 and 17 inserting the following: 18 "6. "Privilege" means the protections provided in 19 regard to an environmental audit report as provided in 20 this chapter." 21 7. Page 2, by striking line 26 and inserting the 22 following: 23 "1. Material included in an environmental audit 24 report generated during an environmental audit 25 conducted after the". 26 8. Page 2, lines 31 and 32, by striking the words 27 ", or labeled with words of similar import". 28 9. Page 2, line 32, by inserting after the word 29 "document" the following: "within the report". 30 10. Page 3, line 2, by inserting after the word 31 "audit" the following: "report". 32 11. Page 4, line 1, by inserting after the word 33 "waived" the following: "in writing". 34 12. Page 4, line 4, by inserting after the word 35 "any" the following: "other". 36 13. Page 4, by striking lines 18 through 30 and 37 inserting the following: 38 "b. The disclosure is made under the terms of a 39 confidentiality agreement between any person and the 40 owner or operator of the audited facility or 41 operation." 42 14. Page 5, by striking line 5 and inserting the 43 following: "subject to the penalty provided in 44 section 22.6." 45 15. Page 5, by inserting after line 30 the 46 following: 47 "e. The portion of the environmental audit report 48 shows a clear and present danger to the public health 49 or the environment." 50 16. Page 6, by striking line 7 and inserting the Page 2 1 following: "material not privileged as provided in". 2 17. Page 7, by striking lines 11 through 16 and 3 inserting the following: "chapter, the department may 4 review information in an environmental audit report, 5 but such review does not waive or make the 6 administrative and civil evidentiary privilege 7 inapplicable to the report. A". 8 18. Page 8, line 6, by striking the word "issues" 9 and inserting the following: "information". 10 19. Page 8, by striking lines 10 through 13 and 11 inserting the following: "The owner or". 12 20. Page 8, line 15, by striking the words 13 "providing such information" and inserting the 14 following: "meeting the criteria provided in 15 subsection 2". 16 21. Page 8, line 31, by striking the word 17 "corrects" and inserting the following: "to correct". 18 22. Page 8, line 33, by inserting after the word 19 "schedule" the following: "submitted to and". 20 23. Page 9, line 8, by inserting after the word 21 "disclosed" the following: "to the department". 22 24. Page 9, line 12, by inserting after the word 23 "disclosed" the following: "to the department". 24 25. Page 10, by striking line 17 and inserting 25 the following: "disclosure, or if under section 26 455B.191 an owner or operator of a facility or 27 operation is classified as a habitual violator." 28 26. Page 11, by inserting after line 3 the 29 following: 30 "10. Information required by rule to be submitted 31 to the department as part of a disclosure made 32 pursuant to this section is not privileged 33 information." 34 27. By renumbering, relettering, or redesignating 35 and correcting internal references as necessary. Siegrist of Pottawattamie asked and received unanimous consent that House File 681 be deferred and that the bill retain its place on the calendar. (Amendment H-8666 pending.) Unfinished Business Calendar Senate File 2312, a bill for an act providing for child day care requirements for volunteers and for the number of children receiving care under the child care home pilot projects and providing an effective date, with report of committee recommending passage, was taken up for consideration. Murphy of Dubuque offered the following amendment H-8756 filed by him and moved its adoption: H-8756 1 Amend Senate File 2312, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by striking lines 1 through 17 and 4 inserting the following: 5 "Section 1. Section 237A.3A, subsection 3, 6 paragraph d, Code Supplement 1997, is amended to read 7 as follows: 8 d. (1) Four levels of registration requirements 9 are applicable to registered child care homes in 10 accordance with subsections 10 through 13 and rules 11 adopted to implement this section. The rules shall 12 apply requirements to each level for the amount of 13 space available per child, provider qualifications and 14 training, and other minimum standards. 15 (2) The rules shall allow a child day care home to 16 be registered at level II, III, or IV for which the 17 provider is qualified even though the amount of space 18 required to be available for the maximum number of 19 children authorized for that level exceeds the actual 20 amount of space available in that child care home. 21 However, the total number of children authorized for 22 the child care home at that level of registration 23 shall be limited by the amount of space available per 24 child. 25 Sec. ___. Section 237A.3A, subsection 13, 26 paragraph a, Code Supplement 1997, is amended to read 27 as follows: 28 a. Except as otherwise provided in this 29 subsection, not more than twelve children shall be 30 present at any one time. If more thanseveneight 31 children are present, a second person must be present 32 who meets the individual qualifications for child care 33 home registration established by rule of the 34 department." 35 2. Page 1, by striking lines 29 through 31 and 36 inserting the following: "date. During the 37 transition period, the following provisions shall 38 apply, notwithstanding section 237A.3A: 39 1. A child care home provider who is providing 40 child day care". 41 3. Page 2, by inserting after line 4 the 42 following: 43 "2. A child care home provider who at the time of 44 registration in the pilot project at level I, II, or 45 III is providing child day care to school age children 46 in excess of the number of school age children 47 authorized for the registration level may continue to 48 provide care for those children. The child care home 49 provider may exceed the total number of children 50 authorized for the level of registration by the number Page 2 1 of school age children in excess of the number 2 authorized for the registration level. This 3 transition period exception is subject to all of the 4 following: 5 a. The provider must comply with the other 6 requirements as to number of children which are 7 applicable to that registration level. 8 b. The maximum number of children attributable to 9 the authorization for school age children at the 10 applicable registration level is five. 11 c. If more than eight children are present at any 12 one time, the provider shall be assisted by a 13 responsible person who is at least fourteen years of 14 age. 15 d. If the child care home no longer provides care 16 to an individual school age child who was receiving 17 care at the time of the registration, the excess 18 number of children allowed under the transition period 19 exception shall be reduced accordingly." Amendment H-8756 was adopted. Barry of Harrison offered amendment H-8838 filed by her and Murphy of Dubuque as follows: H-8838 1 Amend Senate File 2312, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 2, by inserting after line 4 the 4 following: 5 "Sec. ___. CHILD DAY CARE AVAILABILITY. The 6 department of human services shall consult with the 7 child day care advisory council and child day care 8 resource and referral services in studying the 9 availability of child day care services in the state. 10 The report of the study shall be submitted to the 11 governor and the general assembly by January 1, 1999. 12 The report shall include estimates as to the need for 13 child day care services in all areas of the state, the 14 availability of providers versus the need, and 15 identification of the areas with the greatest need and 16 the extent of the need." 17 2. By renumbering as necessary. Burnett of Story offered the following amendment H-8897, to amendment H-8838, filed by her and Barry of Harrison from the floor and moved its adoption: H-8897 1 Amend the amendment, H-8838, to Senate File 2312, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 9, by inserting after the word 5 "availability" the following: ", accessibility, 6 affordability, and quality". Amendment H-8897 was adopted. Barry of Harrison moved the adoption of amendment H-8838, as amended. Amendment H-8838, as amended, was adopted. Barry of Harrison 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. 2312) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Jacobs Jenkins Jochum Kinzer Klemme 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 Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 5: Dinkla Garman Huser Koenigs Whitead The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. SENATE AMENDMENT CONSIDERED Kremer of Buchanan called up for consideration House File 2403, a bill for an act relating to property of a debtor which is exempt from execution, amended by the Senate amendment H-8632 as follows: H-8632 1 Amend House File 2403, as passed by the House, as 2 follows: 3 1. Page 1, by inserting after line 4 the 4 following: 5 "Sec. ___. Section 627.6, subsection 8, Code 1997, 6 is amended by adding the following new paragraph: 7 NEW PARAGRAPH. f. All contributions to and assets 8 in the following list of plans or contracts and the 9 accumulated earnings, and market increases in value, 10 therefrom: simplified employee pension plans, self- 11 employed pension plans, Keogh plans, individual 12 retirement accounts, Roth individual retirement 13 accounts, and similar plans for retirement investments 14 in the future authorized under federal law. However, 15 contributions to a plan shall not be exempt to the 16 extent that the contributions for the twenty-four 17 month period prior to the date the exemption is 18 claimed or execution is issued exceed ten thousand 19 dollars in the aggregate over and above the average 20 contributions that had been made to the plan or plans 21 by the debtor or the debtor's employer or both in the 22 five tax years ending prior to the twenty-four-month 23 period before the date the exemption is claimed or the 24 execution is issued. The exception to the exemption 25 in this paragraph for contributions within the twenty- 26 four-month period prior to the date the exemption is 27 claimed or execution is issued shall not include the 28 interest and any accumulation on that interest in any 29 new plans or contracts that are used to replace prior 30 plans, contracts, or policies that would have been 31 excludable from a bankruptcy estate or that the debtor 32 could have claimed exempt from execution at the time 33 of the transfer. For purposes of this paragraph, 34 market increases in value shall include, but not be 35 limited to, dividends, stock splits, interest, and 36 appreciation." 37 2. By renumbering as necessary. Kremer of Buchanan asked and received unanimous consent that House File 2403 be deferred and that the bill retain its place on the calendar. (Amendment H-8632 pending.) IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 2312 be immediately messaged to the Senate. The House resumed consideration of Senate File 2296, a bill for an act appropriating funds to the department of economic development, certain board of regents institutions, the department of workforce development, the public employment relations board, making related statutory changes, and providing an effective date provision, previously deferred. The following amendments were withdrawn by unanimous consent: H-8852 filed by Holveck of Polk, et al., on April 1, 1998. H-8860 filed by Dotzler of Black Hawk, et al., on April 1, 1998. H-8861 filed by Dotzler of Black Hawk, et al., on April 1, 1998. H-8862 filed by Reynolds-Knight of Van Buren on April 1, 1998. Millage of Scott offered amendment H-8900, previously deferred, filed by him from the floor as follows: H-8900 1 Amend Senate File 2296, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 16, by striking the figure 4 "1,497,074", and inserting the following: 5 "1,494,231". 6 2. Page 2, line 7, by striking the figure 7 "3,942,849", and inserting the following: 8 "3,940,232". 9 3. Page 2, line 24, by striking the figure 10 "452,252", and inserting the following: "450,622". 11 4. Page 2, line 30, by striking the figure 12 "106,124", and inserting the following: "103,967". 13 5. Page 3, line 5, by striking the figure 14 "6,806,774", and inserting the following: 15 "6,803,513". 16 6. Page 4, line 34, by striking the figure 17 "427,429", and inserting the following: "425,219". 18 7. Page 5, line 12, by striking the figure 19 "829,338", and inserting the following: "827,215". 20 8. Page 6, line 12, by striking the figure 21 "422,719", and inserting the following: "418,737". 22 9. Page 7, line 11, by striking the figure 23 "2,022,107", and inserting the following: 24 "2,010,073". 25 10. Page 8, line 15, by striking the figure 26 "5,040,732", and inserting the following: 27 "5,038,912". Holveck of Polk offered the following amendment H-8902, to amendment H-8900, filed by him from the floor and moved its adoption: H-8902 1 Amend the amendment, H-8900, to Senate File 2296, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 15, by striking the figure 5 "6,803,513" and inserting the following: "6,746,513". 6 2. Page 1, by inserting after line 27 the 7 following: 8 " . Page 13, line 9, by striking the figure 9 "2,902,693" and inserting the following: "2,959,693". 10 . Page 13, line 10, by striking the figure 11 "93.00" and inserting the following: "94.00"." Amendment H-8902 lost. Dotzler of Black Hawk offered the following amendment H-8903, to amendment H-8900, filed by him from the floor and moved its adoption: H-8903 1 Amend the amendment, H-8900, to Senate File 2296, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 15, by striking the figure 5 "6,803,513" and inserting the following: "6,748,313". 6 2. Page 1, by inserting after line 27 the 7 following: 8 " . Page 13, by striking lines 27 through 32 9 and inserting the following: 10 "3. For salaries, support, maintenance, 11 miscellaneous purposes, for not more than the 12 following full-time equivalent position for the 13 workforce development state and regional boards, and 14 for an allocation of $55,200 to pay expenses of 15 regional board members: 16 $ 162,129 17 FTE 1.00"" A non-record roll call was requested. The ayes were 31, nays 45. Amendment H-8903 lost. Dotzler of Black Hawk offered the following amendment H-8904, to amendment H-8900, filed by him from the floor and moved its adoption: H-8904 1 Amend the amendment, H-8900, to Senate File 2296, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 15, by striking the figure 5 "6,803,513" and inserting the following: "6,762,913". 6 2. Page 1, by inserting after line 27 the 7 following: 8 " . Page 13, by striking lines 27 through 32 9 and inserting the following: 10 "3. For salaries, support, maintenance, 11 miscellaneous purposes, for not more than the 12 following full-time equivalent position for the 13 workforce development state and regional boards, and 14 for an allocation of $40,600 to pay for a regional 15 board statewide conference: 16 $ 147,529 17 FTE 1.00"" A non-record roll call was requested. The ayes were 25, nays 36. Amendment H-8904 lost. Reynolds-Knight of Van Buren offered the following amendment H-8905, to amendment H-8900, filed by her from the floor and moved its adoption: H-8905 1 Amend the amendment, H-8900, to Senate File 2296, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 15, by striking the figure 5 "6,803,513" and inserting the following: "6,681,020". 6 2. Page 1, by inserting after line 27 the 7 following: 8 " . Page 13, line 9, by striking the figure 9 "2,902,693" and inserting the following: "3,025,186". 10 . Page 13, line 10, by striking the figure 11 "93.00" and inserting the following: "98.00"." Roll call was requested by Schrader of Marion and Brunkhorst of Bremer. On the question "Shall amendment H-8905, to amendment H-8900, be adopted?" (S.F. 2296) The ayes were, 43: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Jochum Kinzer Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 50: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Cormack Dinkla Dix Dolecheck Drake Eddie Gipp Greig Gries Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 7: Garman Greiner Grundberg Huser Koenigs Kreiman Lamberti Amendment H-8905 lost. Millage of Scott moved the adoption of amendment H-8900. Amendment H-8900 was adopted. Churchill of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2296) The ayes were, 95: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Jacobs Jenkins Jochum Kinzer Klemme 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: Fallon Absent or not voting, 4: Garman Huser Koenigs Kreiman The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. SENATE AMENDMENT CONSIDERED Larson of Linn called up for consideration House File 2394, a bill for an act providing for service of one hundred percent of the maximum sentence by and the suspension of a driver's license of a person charged with homicide by vehicle, amended by the Senate, and moved that the House concur in the following Senate amendment H-8735: H-8735 1 Amend House File 2394, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, by striking lines 6 through 8 and 4 inserting the following: "707.6A, subsection 1 or 2, 5 the clerk of the district court shall,". 6 2. Page 1, line 12, by inserting after the word 7 "involved," the following: "if known,". 8 3. Page 1, line 17, by striking the words and 9 figures "subsection 1 or 2" and inserting the 10 following: "subsection 1, and if the person's license 11 has not previously been suspended under chapter 321J, 12 or under section 707.6A, subsection 2". The motion prevailed and the House concurred in the Senate amendment H-8735. 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. 2394) The ayes were, 94: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Jacobs Jenkins Jochum Kinzer Klemme 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 Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 1: Fallon Absent or not voting, 5: Garman Huser Koenigs Kreiman Van Fossen 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 2394 be immediately messaged to the Senate. LEAVE OF ABSENCE Leave of absence was granted as follows: Cataldo of Polk on request of Schrader of Marion. SENATE AMENDMENT CONSIDERED The House resumed consideration of House File 681, a bill for an act creating an environmental audit privilege and immunity, and an environmental auditor training program, and providing penalties, previously deferred, and the Senate amendment H-8666 (found on pages 1252 through 1254 of the House Journal) pending. Burnett of Story offered the following amendment H-8912, to the Senate amendment H-8666, filed by her from the floor and moved its adoption: H-8912 1 Amend the Senate amendment, H-8666, to House File 2 681, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 1, by striking lines 6 through 8 and 5 inserting the following: 6 " . Page 1, by striking lines 14 and 15 and 7 inserting the following: "conducted by an 8 environmental auditor certified by the board of 9 environmental auditor certifications that is designed 10 to"." 11 2. By renumbering as necessary. Amendment H-8912 lost. Shoultz of Black Hawk offered the following amendment H-8909, to the Senate amendment H-8666, filed by him from the floor and moved its adoption: H-8909 1 Amend the Senate amendment, H-8666, to House File 2 681, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 1, by striking lines 9 and 10. 5 2. By renumbering as necessary. Amendment H-8909 lost. Shoultz of Black Hawk offered amendment H-8908, to the Senate amendment H-8666, filed by him from the floor as follows: H-8908 1 Amend the Senate amendment, H-8666, to House File 2 681, as amended, passed, and reprinted by House, as 3 follows: 4 1. Page 1, by inserting after line 31 the 5 following: 6 " . Page 3, line 24, by striking the words 7 "shall not" and inserting the following: "may"." 8 2. By renumbering as necessary. Amendment H-8908 lost. Holveck of Polk offered the following amendment H-8907, to the Senate amendment H-8666, filed by him from the floor and moved its adoption: H-8907 1 Amend the Senate amendment, H-8666, to House File 2 681, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 1, by inserting after line 49 the 5 following: 6 " . Page 5, line 32, by inserting after the 7 word "applies." the following: "The party seeking 8 disclosure shall be provided with a copy of the 9 environmental audit report at least ten days prior to 10 the in camera hearing unless the court or presiding 11 officer orders a shorter or longer time. The court or 12 presiding officer may issue appropriate protective 13 orders to ensure privileged information is not 14 released to third parties during the proceedings."" 15 2. By renumbering as necessary. Amendment H-8907 lost. Mascher of Johnson offered the following amendment H-8911, to the Senate amendment H-8666, filed by her from the floor and moved its adoption: H-8911 1 Amend the Senate amendment, H-8666, to House File 2 681, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 2, by inserting after line 33 the 5 following: 6 " . Page 12, by inserting after line 4 the 7 following: 8 "Sec. ___. NEW SECTION. 455J.14 REPEAL. 9 This chapter is repealed effective June 30, 2003."" 10 2. By renumbering as necessary. Amendment H-8911 lost. Shoultz of Black Hawk offered the following amendment H-8906, to the Senate amendment H-8666, filed by him from the floor and moved its adoption: H-8906 1 Amend the Senate amendment, H-8666, to House File 2 681, as amended, passed, and reprinted by House, as 3 follows: 4 1. Page 2, by inserting after line 34 the 5 following: 6 " . Page 12, by inserting before line 4 the 7 following: 8 "Sec. ___. NEW SECTION. 455J.14 SUSPENSION OF 9 OPERATION OF STATUTORY PROVISION. 10 If the general assembly is not in session and the 11 department determines that a provision of this chapter 12 would cause the department to lose delegation of 13 authority to administer a program or to lose federal 14 financial assistance, the department may suspend the 15 operation of the provision to the extent which is 16 essential to obtain the assistance under federal law 17 or regulation. The department shall propose an 18 amendment to such provision in the next session of the 19 general assembly."" 20 2. By renumbering as necessary. A non-record roll call was requested. The ayes were 29, nays 47. Amendment H-8906 lost. On motion by Bradley of Clinton, the House concurred in the Senate amendment H-8666. Bradley of Clinton moved that the bill as amended by the Senate, further amended 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 last time. On the question "Shall the bill pass?" (H.F. 681) The ayes were, 64: Arnold Barry Bell Blodgett Boggess Bradley Brauns Brunkhorst Carroll Chapman Chiodo Churchill Cormack Dix Dolecheck Dotzler Drake Eddie Falck Gipp Greig Greiner Gries Grundberg Hahn Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin May Mertz Metcalf Meyer Millage Mundie Nelson O'Brien Rants Rayhons Reynolds-Knight Richardson Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Wise Witt Mr. Speaker Corbett The nays were, 27: Bernau Brand Burnett Cohoon Connors Doderer Drees Fallon Foege Ford Frevert Holveck Jochum Kinzer Larkin Mascher Moreland Murphy Myers Osterhaus Scherrman Schrader Shoultz Taylor Warnstadt Weigel Whitead Absent or not voting, 9: Boddicker Bukta Cataldo Dinkla Garman Hansen Huser Koenigs Kreiman The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. INTRODUCTION OF BILLS House Joint Resolution 2005, by committee on ways and means, a joint resolution proposing amendments to the Constitution of the State of Iowa relating to the state budget by limiting state general fund expenditures and restricting certain state tax revenue changes. Read first time and placed on the special order calendar for Wednesday, April 15, 1998. (SJR 2004 companion) House File 2548, by committee on appropriations, a bill for an act relating to the creation of a certified school to career program, providing refunds for certain wages paid to and amounts held in trust for individuals in the program, making an appropriation, providing for the program's repeal, and including an effective and applicability date provision. Read first time and placed on the appropriations calendar. SENATE MESSAGE CONSIDERED Senate File 2411, by committee on judiciary, a bill for an act to legalize the transfer of certain property by the joint county system of Black Hawk and Buchanan counties to the Independence community school district, and providing an effective date. Read first time and referred to committee on judiciary. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 681 be immediately messaged to the Senate. RULE 57 SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent to suspend Rule 57, relating to committee notice and agenda for a meeting of the committee on appropriations upon adjournment on Monday, April 6, 1998. REPORT OF ADMINISTRATION AND RULES COMMITTEE MR. SPEAKER: Pursuant to Senate Concurrent Resolution 3, your committee on administration and rules submits the following to be employed in the indicated positions, and at the indicated classification, grades and steps, and the changes in the classification of the indicated officers and employees to be effective on the date indicated: Grade Class of and Appoint- Eff. Position Name Step ment Date Legislative Research Lon W. Anderson 32-2 to P-FT 04-03-98 Analyst II 32-3 Doorkeeper Marvin Hollingshead 11-3 S-O 02-09-98 Legislative Research Anna M. Hyatt 27-1 to P-FT 04-03-98 Analyst 27-2 Doorkeeper Richard R. Overholser 11-2 to S-O 04-03-98 11-3 Assistant Finance Kelly M. Wacht 21-1 to P-FT 04-17-98 Officer 21-2 Legislative Secretary Norma L. Bakros 17-5+2 to S-O 04-17-98 17-6+2 Legislative Secretary Judith K. Elliott 16-1 S-O 03-09-98 Legislative Committee Carol F. Hansen 17-2 to S-O 04-03-98 Secretary 17-3 Grade Class of and Appoint- Eff. Position Name Step ment Date Legislative Secretary Shannon L. Lamberti 16-1 S-O 03-17-98 Legislative Secretary Mary B. Lawless 15-4+2 to S-O 04-17-98 15-5+2 Legislative Secretary Amy J. Parsons 17-2 to S-O 04-17-98 17-3 Legislative Secretary Jean Tannatt 16-2 to S-O 04-17-98 16-3 RANTS of Woodbury, Chair COMMUNICATION FROM THE STATE APPEAL BOARD The following communication was received from the State Appeal Board on March 31, 1998, and is on file in the office of the Chief Clerk: March 31, 1998 Chief Clerk House of Representatives Statehouse LOCAL Dear Chief Clerk: There are transmitted herewith claims against the State of Iowa to be filed with the Claims Committee of the House of Representatives. These include 38 claims of general nature that were denied by the State Appeal Board during January 1998 through March 1998. This supplements our filing of January 16, 1998. The attached index shows claim number, name and address of claimant and the amount requested in the claim. Sincerely, Michael Fitzgerald Chairperson STATE APPEAL BOARD Receipt of the above is hereby acknowledged. ELIZABETH A. ISAACSON Chief Clerk of the House DENIED GENERAL CLAIMS BY THE STATE APPEAL BOARD SUBMITTED TO THE 77TH GENERAL ASSEMBLY January Through March 1998 Claim Full Name City Type Amount G960152 IPTV, Pat Indelicato, West Des Moines, IA Petty Cash $94.00 Cashier G963140 Leo E. Wills Desoto, MO License $145.00 Refund G971406 Connie J. O'Sullivan Apple Valley, MN Refund $107.00 G971407 Michael K. O'Sullivan Apple Valley, MN License $63.00 Refund G971427 Merrill J. Campbell Park Rapids, MN License $146.00 Refund G971566 Gale B. Alexander Ottumwa, IA Refund $200.53 Truck Lines, Inc. G980109 Main Health Care Davenport, IA Medicaid $78.83 Services Coverage G980110 Main Health Care Davenport, IA Medicaid $231.82 Services Coverage G980111 Main Health Care Davenport, IA Medicaid $38.41 Services Coverage G980112 Main Health Care Davenport, IA Medicaid $69.42 Services Coverage G980113 Main Health Care Davenport, IA Medicaid $50.57 Services Coverage G980114 Main Health Care Davenport, IA Medicaid $20.71 Services Coverage G980115 Main Health Care Davenport, IA Medicaid $31.42 Services Coverage G980116 Main Health Care Davenport, IA Medicaid $33.70 Services Coverage G980118 Main Health Care Davenport, IA Medicaid $43.02 Services Coverage G980184 Gary & Paula Woodland Park, CO License $132.00 Reynolds Refund G980192 Betty L. Wright Cedar Rapids, IA Back Pay $284.80 G980196 Sidney A. Dykstra Nipomo, CA License $65.00 Refund Claim Full Name City Type Amount G980197 Sidney A. Dykstra Nipomo, CA License $86.00 Refund G980244 Marion F. Pritchett Pharr, TX License $135.00 Refund G980311 Gary F. Verville East Moline, IL License $17.00 Refund G980312 Gary F. Verville East Moline, IL License $54.00 Refund G980335 Sisters of Mercy, Cedar Rapids, IA License $98.00 Regional Community Refund of Cedar Rapids G980365 Kenneth Eugene Goodman, MO License $76.00 McKim Refund G980366 Kenneth Eugene Goodman, MO License $60.00 McKim Refund G980367 Sharon & Thomas Omaha, NE License $26.00 Moorman Refund G980370 Kristine M. Cooper Grand Blanc, MI License $109.00 Refund G980378 Jay Patrick Walton Ames, IA License $307.00 Refund G980394 Robert Liverca St. Cloud, MN License $94.00 Refund G980395 Robert Liverca St. Cloud, MN License $113.00 Refund G980399 Larry D. Blaydes Fort Calhoun, NE License $78.00 Refund G980400 Larry D. Blaydes Fort Calhoun, NE License $27.00 Refund G980401 Larry D. Blaydes Fort Calhoun, NE License $84.00 Refund G980407 Donald K. Nash Lady Lake, FL License $130.00 Refund G980419 Jean Eileen Fort Calhoun, NE License $217.00 Christenson Refund Claim Full Name City Type Amount G980421 Doris P. Neuman Omaha, NE License $102.00 Dalbey Refund G980425 Kathie S. Johnson Carmen, IL License $112.00 Refund G980453 Amy M. Nowell- Sioux Falls, SD License $86.00 Reznicek Refund EXPLANATIONS OF VOTE On Wednesday, April 1, 1998, I inadvertently voted "aye" on House File 2498. I meant to vote "nay." KINZER of Scott I was necessarily absent from the House chamber on the afternoon of April 1, 1998. Had I been present, I would have voted "aye" on Senate Joint Resolution 9. MORELAND of Wapello I was necessarily absent from the House chamber on April 2, 1998. Had I been present, I would have voted "aye" on House File 2513. NELSON of Marshall I was necessarily absent from the House chamber on March 31, 1998. Had I been present, I would have voted "aye" on Senate File 530 and "nay" on House File 721. RICHARDSON of Warren PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Forty-two 5th grade students from Ballard East School, Cambridge, accompanied by Kirsten Barta, Candy Welty, Carrie Ostrom and Mrs. Burrows. By Bernau of Story. Twelve 5th, 6th and 7th grade students from Troop 12 Boy Scouts, Mason City, accompanied by Colleen Grayson and Carol Meyer. By Blodgett of Cerro Gordo. Thirty-seven 8th grade students from Odebolt-Arthur Middle School, Arthur, accompanied by Steve Walsh, Pippa Fineran, Bob Mollhoff and Keith Fineran. By Meyer of Sac. 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\388 Mr. and Mrs. George Wemmie, Batavia - For celebrating their 60th wedding anniversary. 1998\389 The Staff of Western Hills Elementary School, West Des Moines - For receiving the 1997-1998 FINE Recognition Award. SUBCOMMITTEE ASSIGNMENTS Senate Joint Resolution 2001 Appropriations: Gipp, Chair; Jacobs and Warnstadt. Senate File 2415 Appropriations: Houser, Chair; Greiner, Jacobs, Koenigs, Meyer, Warnstadt and Wise. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendations have been received and are on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON WAYS AND MEANS Senate File 2368, a bill for an act relating to the management of public rights-of-way by local government units, eliminating the power of cities to grant franchises to erect, maintain, and operate plants and systems for telecommunications services within the city, and providing an effective date. Fiscal Note is not required. Recommended Do Pass April 2, 1998. Committee Bill (Formerly House Study Bill 688), proposing an amendment to the Constitution of the State of Iowa relating to protection of taxpayers' rights by limiting the growth rate of taxes, revenue, and spending of the state government and by increasing the people's control over taxes, revenue, and spending of the state government. Fiscal Note is not required. Recommended Amend and Do Pass April 3, 1998. AMENDMENTS FILED H-8895 H.F. 2506 Dotzler of Black Hawk H-8899 S.F. 2313 Rayhons of Hancock H-8910 H.F. 2528 Mundie of Webster H-8913 H.F. 2506 Dotzler of Black Hawk H-8914 H.F. 2506 Burnett of Story H-8915 H.F. 2506 Hahn of Muscatine Thomas of Clayton H-8916 S.F. 187 Dolecheck of Ringgold H-8917 S.F. 187 Weidman of Cass Hahn of Muscatine H-8918 S.F. 2280 Cormack of Webster H-8919 S.F. 2380 Weigel of Chickasaw H-8920 S.F. 2410 Osterhaus of Jackson H-8921 S.F. 2410 Foege of Linn H-8922 S.F. 2410 Foege of Linn H-8923 S.F. 2410 Osterhaus of Jackson Jochum of Dubuque Burnett of Story Foege of Linn H-8924 S.F. 2280 Moreland of Wapello H-8925 S.F. 2380 Dotzler of Black Hawk Murphy of Dubuque H-8926 S.F. 58 Fallon of Polk H-8927 S.F. 58 Fallon of Polk H-8928 S.F. 58 Bernau of Story Brand of Tama On motion by Siegrist of Pottawattamie, the House adjourned at 3:45 p.m., until 1:00 p.m., Monday, April 6, 1998.
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