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House Journal: Wednesday, April 8, 1998

Eighty-seventh Calendar Day - Fifty-ninth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, April 8, 1998
The House met pursuant to adjournment at 8:50 a.m., Carroll of
Poweshiek in the chair.
Prayer was offered by Pastor Leonhardt Gebhardt, St. John's
Lutheran Church, Charter Oak.
The Journal of Tuesday, April 7, 1998 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Cataldo of Polk on request of Moreland of Wapello.
INTRODUCTION OF BILLS
House File 2551, by committee on ways and means, a bill for
an act providing a small business tax credit.
Read first time and placed on the ways and means calendar.
House File 2552, by committee on ways and means, a bill for
an act relating to the budget certification deadline for school
districts and providing an applicability date.
Read first time and placed on the ways and means calendar.
House File 2553, by committee on appropriations, a bill for
an act relating to the compensation and benefits for public
officials and employees, providing for related matters, and
making appropriations.
Read first time and placed on the appropriations calendar.
On motion by Gipp of Winneshiek, the House was recessed at 8:55
a.m., until 10:30 a.m.
MORNING SESSION
The House reconvened at 10:42 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 April 7, 1998, amended and passed the
following bill in which the concurrence of the House is asked:
House File 667, a bill for an act relating to the Iowa
administrative procedure Act and providing an effective and
applicability date.
Also: That the Senate has on April 7, 1998, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 2164, a bill for an act relating to local community
and economic development planning assistance and the community
builder program.
Also: That the Senate has on April 7, 1998, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 2166, a bill for an act relating to regulation of
food establishments and providing for fees and penalties and
providing an effective date.
Also: That the Senate has on April 7, 1998, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 2335, a bill for an act relating to persons holding
interests in agricultural land and providing penalties and an
effective date.
MARY PAT GUNDERSON, Secretary
SPECIAL PRESENTATION
Greiner of Washington presented to the House the Honorable Bob
Kistler, former state representative from Washington County. He
was accompanied by his wife Dorothy.
The House rose and expressed its welcome.
ADOPTION OF SENATE CONCURRENT RESOLUTION 101
Taylor of Linn asked and received unanimous consent for the
immediate consideration of Senate Concurrent Resolution 101, a
concurrent resolution recognizing the notable achievements of
the Jefferson High School Marching Band from Cedar Rapids, Iowa,
and moved its adoption.
The motion prevailed and the resolution was adopted.
Unfinished Business Calendar
Senate File 2377, a bill for an act relating to the sixth
judicial district pilot probation revocation project and
providing for effective dates and for repeal of the pilot
project provisions, with report of committee recommending
passage, was taken up for consideration.
Sukup of Franklin asked and received unanimous consent to
withdraw amendment H-8947 filed by him on April 6, 1998.
Sukup of Franklin offered the following amendment H-8952 filed
by him and moved its adoption:
H-8952

 1     Amend Senate File 2377, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, line 5, by striking the words "in this
 4   section".
 5     2.  Page 1, by striking lines 9 through 14 and
 6   inserting the following:  "sentencing order for each
 7   person who is sentenced to the custody of the director
 8   of the department of corrections and whose sentence is
 9   suspended.  The court shall retain jurisdiction to
10   establish the amount of restitution, approve the plan
11   of restitution, and for reconsideration of the
12   original sentence.  The court shall also retain
13   jurisdiction".
14     3.  Page 1, line 16, by striking the word
15   "information" and inserting the following:
16   "informations".
17     4.  Page 1, line 17, by inserting after the word
18   "counsel." the following:  "If a person is not
19   sentenced to the custody of the director of the
20   department of corrections the court shall retain the
21   jurisdiction over matters relating to those cases."
22     5.  By striking page 1, line 18, through page 2,
23   line 7.
24     6.  Page 2, by striking lines 21 through 24 and
25   inserting the following:  "may receive the complaint,
26   issue an arrest warrant, or conduct the initial
27   appearance and probable cause hearing and probation
28   revocation hearing.  The initial appearance,
probable
29   cause hearing, and probation revocation hearing, or
30   any of them, may, at the discretion of".
31     7.  Page 2, by striking lines 27 through 35 and
32   inserting the following:  "will not be prejudiced by
33   the merger.  An administrative parole and probation
34   judge may".
35     8.  Page 3, line 4, by inserting after the word
36   "if" the following:  "reconsideration is deemed
37   appropriate and".
38     9.  Page 9, line 24, by striking the figure "1999"
39   and inserting the following:  "2000".
40     10.  Page 9, line 25, by striking the figure
41   "1999" and inserting the following:  "2000".
Amendment H-8952 was adopted.
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. 2377)
The ayes were, 78:

Arnold 	Barry 	Blodgett 	Boddicker 	Boggess 	Bradley
	Brauns	Brunkhorst 	Bukta 	Burnett 	Carroll 	Chiodo 	Churchill
	Cohoon 	Connors 	Dix 	Dolecheck 	Dotzler 	Drake 	Drees 	Eddie
	Falck 	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 	Meyer 	Millage 	Mundie
	Murphy 	O'Brien 	Rants	Rayhons 	Reynolds-Knight 	Scherrman
	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, 19:

Bell 	Bernau 	Chapman 	Cormack 	Doderer	Fallon 	Foege 	Ford
	Frevert 	Garman 	Holveck 	Huser 	Koenigs	Moreland 	Myers
	Nelson 	Osterhaus 	Richardson 	Schrader 

Absent or not voting, 3:

Brand 	Cataldo 	Dinkla 
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 2377 be immediately messaged to the Senate.
Regular Calendar
House File 2532, a bill for an act relating to the maximum value
of prizes awarded in raffles and certain games of skill and
chance, with report of committee recommending passage, was taken
up for consideration.
Tyrrell of Iowa 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. 2532)

The ayes were, 91:

Arnold 	Barry 	Bell 	Bernau 	Blodgett 	Boddicker 	Boggess
	Bradley 	Brand 	Brauns 	Brunkhorst 	Bukta 	Burnett 	Carroll
	Chapman 	Chiodo 	Churchill 	Cohoon 	Connors 	Cormack 	Dinkla
	Doderer 	Dolecheck 	Dotzler 	Drake 	Drees 	Eddie 	Falck 	Foege
	Ford 	Frevert 	Gipp 	Greig 	Greiner 	Gries 	Grundberg 	Hahn
	Hansen 	Heaton 	Holmes 	Houser	Huseman 	Huser 	Jacobs 	Jenkins
	Jochum 	Kinzer 	Klemme 	Koenigs 	Kreiman 	Kremer 	Lamberti
	Larkin 	Larson 	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 Maanen 	Veenstra 	Warnstadt 	Weidman
	Weigel 	Welter 	Whitead 	Wise 	Witt 	Mr. Speaker
		  Corbett

The nays were, 6:

Dix 	Fallon 	Garman 	Holveck 	Meyer 	Vande Hoef 

Absent or not voting, 3:

Cataldo 	Lord 	Van Fossen 
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 Concurrent Resolution 101 and House File 2532.
Unfinished Business Calendar
House File 2515, a bill for an act relating to workers'
compensation by repealing the second injury compensation Act,
eliminating the second injury fund, providing for the resolution
of claims against the fund to include the imposition of an
employer surcharge, providing for employee compensation for
certain subsequent injuries, and providing an effective date,
was taken up for consideration.
Lamberti of Polk offered the following amendment H-8892 filed by
him and Taylor of Linn and moved its adoption:

H-8892

 1     Amend House File 2515 as follows:
 2     1.  By striking everything after the enacting
 3   clause and inserting the following:
 4     "Section 1.  Section 85.65, Code 1997, is amended
 5   to read as follows:
 6     85.65  PAYMENTS TO SECOND INJURY FUND.
 7     The employer, or, if insured, the insurance carrier
 8   in each case of compensable injury causing death,
 9   shall pay to the treasurer of state for the second
10   injury fund the sum of four twelve thousand dollars
in
11   a case where there are dependents and fifteen forty-
12   five thousand dollars in a case where there are no
13   dependents.  The payment shall be made at the time
14   compensation payments are begun, or at the time the
15   burial expenses are paid in a case where there are no
16   dependents.  However, the payments shall be required
17   only in cases of injury resulting in death coming
18   within the purview of this chapter and occurring after
19   July 1, 1978.  These payments shall be in addition to
20   any payments of compensation to injured employees or
21   their dependents, or of burial expenses as provided in
22   this chapter.
23     Sec. 2.  NEW SECTION.  85.65A  PAYMENTS TO SECOND
24   INJURY FUND - SURCHARGE ON EMPLOYERS.
25     1.  For purposes of this section, unless the
26   context otherwise requires:
27     a.  "Insured employers" means employers who are
28   commercially insured for purposes of workers'
29   compensation coverage or who have been self-insured
30   for less than twenty-four months as of the first day
31   of the fiscal year in which a surcharge is imposed
32   pursuant to this section.
33     b.  "Self-insured employers" means employers who
34   have been self-insured for purposes of workers'
35   compensation coverage for at least twenty-four months
36   as of the first day of the fiscal year in which a
37   surcharge is imposed pursuant to this section.
38     2.  Prior to each fiscal year commencing on or
39   after July 1, 1999, the commissioner of insurance
40   shall conduct an examination of the outstanding
41   liabilities of the second injury fund and shall make a
42   determination as to whether sufficient funds will be
43   available in the second injury fund to pay the
44   liabilities of the fund for each of the next two
45   fiscal years.  If the commissioner of insurance
46   determines sufficient funds will be available, the
47   commissioner shall not impose a surcharge on employers
48   during the next succeeding fiscal year.  If the
49   commissioner determines sufficient funds will not be
50   available, the commissioner shall impose by rule,

Page 2  

 1   pursuant to chapter 17A, a surcharge on employers
 2   during the next succeeding fiscal year for payment to
 3   the treasurer of state for the second injury fund
 4   pursuant to the requirements of this section.
 5     3.  If the commissioner of insurance determines
 6   that a surcharge on employers shall be imposed during
 7   any applicable fiscal year, the surcharge imposed
 8   shall comply with and be subject to all of the
 9   following requirements:
10     a.  The surcharge shall apply to all workers'
11   compensation insurance policies and self-insurance
12   coverages of employers approved for self-insurance by
13   the commissioner of insurance pursuant to section 87.4
14   or 87.11, and to the state of Iowa, its departments,
15   divisions, agencies, commissions, and boards, or any
16   political subdivision coverages whether insured or
17   self-insured.  The surcharge shall not apply to any
18   reinsurance or retrocessional transaction under
19   section 520.4 or 520.9.
20     b.  In determining the surcharge for any applicable
21   fiscal year, the commissioner of insurance shall
22   provide that all insured and self-insured employers be
23   assessed, in total, an amount the commissioner
24   determines is sufficient, together with the moneys in
25   the second injury fund, to meet the outstanding
26   liabilities of the second injury fund.
27     c.  The total assessment amount used in calculating
28   the surcharge shall be allocated between self-insured
29   employers and insured employers based on paid losses
30   for the preceding calendar year.  The portion of the
31   total aggregate assessment that shall be collected
32   from self-insured employers shall be equal to that
33   proportion of total paid losses during the preceding
34   calendar year, which the total compensation payments
35   of all self-insured employers bore to the total
36   compensation payments made by all self-insured
37   employers and insurers on behalf of all insured
38   employers during the preceding calendar year.  The
39   portion of the total aggregate assessment that is not
40   to be collected from self-insured employers shall be
41   collected from insured employers.
42     d.  The method of assessing self-insured employers
43   a surcharge shall be based on paid losses.  The method
44   of assessing insured employers a surcharge shall be by
45   insurers collecting assessments from insured employers
46   through a surcharge based on premium.
47     e.  Assessments collected through imposition of a
48   surcharge pursuant to this section shall not
49   constitute an element of loss for the purpose of
50   establishing rates for workers' compensation insurance

Page 3

 1   but shall for the purpose of collection be treated as
 2   separate costs by insurers.  The surcharge is
 3   collectible by an insurer and nonpayment of the
 4   surcharge shall be treated as nonpayment of premium
 5   and the insurer shall retain all cancellation rights
 6   inuring to it for nonpayment of premium.  An insurance
 7   carrier, its agent, or a third-party administrator
 8   shall not be entitled to any portion of the surcharge
 9   as a fee or commission for its collection.  The
10   surcharge is not subject to any taxes, licenses, or
11   fees.  The surcharge is not deemed to be an assessment
12   or tax, but shall be deemed an additional benefit paid
13   for injuries compensable under this division.
14     4.  The commissioner of insurance shall adopt
15   rules, pursuant to chapter 17A, concerning the
16   requirements of this section.
17     5.  This section is repealed July 1, 2003.
18     Sec. 3.  Section 85.66, Code 1997, is amended to
19   read as follows:
20     85.66  SECOND INJURY FUND - PAYMENTS CREATION -
21   CUSTODIAN.
22     When the total amount of the payments provided for
23   in the preceding section, together with accumulated
24   interest and earnings, equals or exceeds one million
25   dollars no further contributions to the fund shall be
26   required; but when, thereafter, the amount of the sum
27   is reduced below five hundred thousand dollars by
28   reason of payments made to employees pursuant to this
29   division, contributions shall be resumed and shall
30   continue until the sum, together with accumulated
31   interest and earnings, again amounts to one million
32   dollars.  The treasurer of state shall determine when
33   contributions shall be made to the fund and when they
34   shall be suspended and may enforce the collection of
35   contributions.
36     The "Second Injury Fund" is hereby established
37   under the custody of the treasurer of state and shall
38   consist of payments to the fund as provided by this
39   division and any accumulated interest and earnings on
40   moneys in the second injury fund.  The treasurer of
41   state is charged with the conservation of the assets
42   of the second injury fund.  Moneys so collected
shall
43   constitute a in the "Second Injury Fund", in the
44   custody of the treasurer of state, to shall be
45   disbursed only for the purposes stated in this
46   division, and shall not at any time be appropriated or
47   diverted to any other use or purpose.  The treasurer
48   of state shall invest any surplus moneys of the fund
49   in securities which constitute legal investments for
50   state funds under the laws of this state, and may sell

Page 4

 1   any of the securities in which the fund is invested,
 2   if necessary, for the proper administration or in the
 3   best interests of the fund.  Disbursements from the
 4   fund shall be paid by the treasurer of state only upon
 5   the written order of the industrial commissioner.  The
 6   treasurer of state shall quarterly prepare a statement
 7   of the fund, setting forth the balance of moneys in
 8   the fund, the income of the fund, specifying the
 9   source of all income, the payments out of the fund,
10   specifying the various items of payments, and setting
11   forth the balance of the fund remaining to its credit.
12   The statement shall be open to public inspection in
13   the office of the treasurer of state.
14     Sec. 4.  Section 85.67, Code 1997, is amended to
15   read as follows:
16     85.67  ADMINISTRATION OF FUND - SPECIAL COUNSEL -
17   PAYMENT OF AWARD.
18     The treasurer of state shall be charged with the
19   conservation of the assets of the second injury fund,
20   and the collection of contributions to the fund.  The
21   attorney general shall appoint a staff member to
22   represent the treasurer of state and the fund in all
23   proceedings and matters arising under this division.
24   In making an award under this division, the industrial
25   commissioner shall specifically find the amount the
26   injured employee shall be paid weekly, the number of
27   weeks of compensation which shall be paid by the
28   employer, the date upon which payments out of the fund
29   shall begin, and, if possible, the length of time the
30   payments shall continue.
31     Sec. 5.  Section 85.68, Code 1997, is amended to
32   read as follows:
33     85.68  ACTIONS - COLLECTION OF PAYMENTS -
34   SUBROGATION.
35     The treasurer of state The labor commissioner
shall
36   be charged with the collection of contributions and
37   payments to the second injury fund required to be made
38   pursuant to section 85.65.  In addition, the labor
39   commissioner, on behalf of the second injury fund
40   created under this division, shall have a cause of
41   action under section 85.22 to the same extent as an
42   employer against any person not in the same employment
43   by reason of whose negligence or wrong the subsequent
44   injury of the person with the previous disability was
45   caused.  The action shall be brought by the treasurer
46   of state labor commissioner on behalf of the fund,
and
47   any recovery, less the necessary and reasonable
48   expenses incurred by the treasurer of state labor
49   commissioner, shall be paid to the treasurer of state
50   and credited to the second injury fund.

Page 5

 1     Sec. 6.  SECOND INJURY FUND LIABILITY - SURCHARGE
 2   ON EMPLOYERS.
 3     1.  For purposes of this section, unless the
 4   context otherwise requires:
 5     a.  "Insured employers" means employers who are
 6   commercially insured for purposes of workers'
 7   compensation coverage or who have been self-insured
 8   for less than twenty-four months as of the first day
 9   of the fiscal year in which a surcharge is imposed
10   pursuant to this section.
11     b.  "Self-insured employers" means employers who
12   have been self-insured for purposes of workers'
13   compensation coverage for at least twenty-four months
14   as of the first day of the fiscal year in which a
15   surcharge is imposed pursuant to this section.
16     2.  Prior to the fiscal year commencing July 1,
17   1998, the commissioner of insurance shall examine
18   claims in which there has been an agreement for
19   settlement or an award has been made involving the
20   second injury compensation Act and shall determine the
21   outstanding liability of such claims.
22     3.  For the fiscal year commencing July 1, 1998,
23   the commissioner of insurance may adopt by rule,
24   pursuant to chapter 17A, a surcharge on employers
25   pursuant to the requirements of this section and
26   payable to the second injury fund if, pursuant to its
27   examination of claims, the commissioner of insurance
28   determines that insufficient funds are available in
29   the second injury fund to pay claims involving the
30   second injury compensation Act.  The surcharge shall
31   apply to all workers' compensation insurance policies
32   and self-insurance coverages of employers approved for
33   self-insurance by the commissioner of insurance
34   pursuant to section 87.4 or 87.11, and to the state of
35   Iowa, its departments, divisions, agencies,
36   commissions, and boards, or any political subdivision
37   coverages whether insured or self-insured.  The
38   surcharge shall not apply to any reinsurance or
39   retrocessional transaction under section 520.4 or
40   520.9.  In determining the surcharge for each
41   applicable fiscal year, the commissioner of insurance
42   shall provide that all insured and self-insured
43   employers be assessed for the outstanding liabilities
44   arising out of claims involving the second injury
45   compensation Act as determined pursuant to subsection
46   2.  The total assessment amount used in calculating
47   the surcharge for each applicable fiscal year shall be
48   allocated between self-insured employers and insured
49   employers, based on paid losses for the preceding
50   calendar year as provided in this subsection.  The

Page 6

 1   method of assessing self-insured employers shall be
 2   based on paid losses.  The method of assessing insured
 3   employers shall be a surcharge based on premium, as
 4   set forth in this subsection.  The portion of the
 5   total aggregate assessment that shall be collected
 6   from self-insured employers shall be equal to that
 7   proportion of total paid losses during the preceding
 8   calendar year, which the total compensation payments
 9   of all self-insured employers bore to the total
10   compensation payments made by all self-insured
11   employers and insurers on behalf of all insured
12   employers during the preceding calendar year.  The
13   portion of the total aggregate assessment that shall
14   be collected from insured employers shall be equal to
15   that proportion of total paid losses during the
16   preceding calendar year, which the total compensation
17   payments on behalf of all insured employers bore to
18   the total compensation payments made by all self-
19   insured employers and insurers on behalf of all
20   insured employers during the preceding calendar year.
21   Insurers shall collect assessments from insured
22   employers through a surcharge based on premium.  Such
23   assessments when collected shall not constitute an
24   element of loss for the purpose of establishing rates
25   for workers' compensation insurance but shall for the
26   purpose of collection be treated as separate costs by
27   insurers.  The surcharge is collectible by an insurer
28   and nonpayment of the surcharge shall be treated as
29   nonpayment of premium and the insurer shall retain all
30   cancellation rights inuring to it for nonpayment of
31   premium.  An insurance carrier, its agent, or a third-
32   party administrator shall not be entitled to any
33   portion of the surcharge as a fee or commission for
34   its collection.  The surcharge is not subject to any
35   taxes, licenses, or fees.  The surcharge is not deemed
36   to be an assessment or tax, but shall be deemed an
37   additional benefit paid for injuries compensable under
38   the second injury compensation Act.
39     Sec. 7.  EFFECTIVE DATE - APPLICABILITY.
40     1.  This Act, being deemed of immediate importance,
41   takes effect upon enactment.
42     2.  Section 1 of this Act, amending section 85.65,
43   applies to deaths occurring on or after the effective
44   date of this Act."
45     2.  Title page, by striking lines 1 through 6 and
46   inserting the following:  "An Act relating to the
47   second injury compensation Act, by providing for
48   payments to the second injury fund including the
49   imposition of an employer surcharge and a sunset of
50   the ability to impose an employer surcharge, providing

Page 7

 1   for the collection of payments to the second injury
 2   fund, and providing an effective date and
 3   applicability provision."
 4     3.  By renumbering as necessary.
Amendment H-8892 was adopted.
SENATE FILE 540 SUBSTITUTED FOR HOUSE FILE 2515
Lamberti of Polk asked and received unanimous consent to
substitute Senate File 540 for House File 2515.
Senate File 540, a bill for an act relating to the second injury
compensation Act, by providing for payments to the second injury
fund including the imposition of an employer surcharge and a
sunset of the ability to impose an employer surcharge, providing
for the collection of payments to the second injury fund, and
providing an effective date and applicability provision, was
taken up for consideration.
Lamberti of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 540)

The ayes were, 99:

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

The nays were, none.

Absent or not voting, 1:

Cataldo 
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE RESOLUTION 105 WITHDRAWN
Fallon of Polk asked and received unanimous consent to withdraw
House Resolution 105 from further consideration by the House.
HOUSE FILE 2515 WITHDRAWN
Lamberti of Polk asked and received unanimous consent to
withdraw House File 2515 from further consideration by the House.
Ways and Means Calendar
Senate File 2368, a bill for an act relating to the management
of public rights-of-way by local government units, eliminating
the power of cities to grant franchises to erect, maintain, and
operate plants and systems for telecommunications services
within the city, and providing an effective date, with report of
committee recommending passage, was taken up for consideration. 
Weigel of Chickasaw 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. 2368)
The ayes were, 98:

Arnold 	Barry 	Bell 	Bernau 	Blodgett 	Boddicker 	Boggess
	Bradley 	Brand 	Brauns 	Brunkhorst 	Bukta 	Burnett 	Carroll
	Chapman 	Chiodo 	Churchill 	Cohoon 	Connors 	Cormack 	Dinkla
	Dix 	Doderer 	Dolecheck 	Dotzler 	Drake 	Drees 	Eddie 	Falck
	Fallon 	Foege 	Ford 	Frevert 	Garman 	Gipp 	Greig 	Greiner
	Gries 	Grundberg 	Hahn 	Hansen 	Heaton 	Holmes 	Holveck 	Houser
	Huseman 	Huser 	Jacobs 	Jenkins 	Jochum 	Kinzer 	Klemme
	Koenigs 	Kreiman 	Kremer 	Lamberti 	Larkin 	Larson 	Lord
	Martin 	Mascher 	May 	Mertz 	Metcalf 	Meyer 	Millage
	Moreland	Mundie 	Murphy 	Myers 	Nelson 	O'Brien 	Osterhaus
	Rants 	Rayhons 	Reynolds-Knight 	Richardson 	Scherrman
	Schrader 	Shoultz 	Siegrist 	Sukup 	Taylor 	Teig 	Thomas
	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, 2:

Cataldo 	Thomson 
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 2274, a bill for an act relating to certain funds
paid to or administered by the department of corrections, by
making changes to procedures for the charging of payments for
goods and services of Iowa prison industries, providing for the
nonreversion of revolving farm fund balance investment proceeds,
and making changes relating to the distribution and accounting
for inmate earnings from private employers, with report of
committee recommending amendment and passage, was taken up for
consideration.
Garman of Story offered the following amendment H-8545 filed by
the committee on judiciary and moved its adoption:
H-8545

 1     Amend Senate File 2274, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  By striking page 1, line 1, through page 2,
 4   line 11.
 5     2.  Page 3, line 9, by inserting after the word
 6   "center" the following:  ", and which shall include
an
 7   amount for delinquent child support not to exceed
 8   fifty percent of gross earnings".
 9     3.  Page 3, by inserting after line 9 the
10   following:
11     "(5)  Restitution as ordered by the court under
12   chapter 910."
13     4.  Page 3, line 10, by striking the figure "(5)"
14   and inserting the following:  "(6)".
15     5.  Page 3, line 11, by striking the figure "(4)"
16   and inserting the following:  "(5)".
17     6.  Page 3, line 13, by inserting after the word
18   "incarceration." the following:  "However, effective
19   July 1, 1999, any balance remaining shall be deposited
20   in the general fund of the state."
21     7.  By renumbering as necessary.
The committee amendment H-8545 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. 2274)

The ayes were, 98:

Arnold 	Barry 	Bell 	Bernau 	Blodgett 	Boddicker 	Boggess
	Bradley 	Brand 	Brauns 	Brunkhorst 	Bukta 	Burnett 	Carroll
	Chapman 	Chiodo 	Churchill 	Cohoon 	Connors 	Cormack 	Dinkla
	Dix 	Doderer 	Dolecheck 	Dotzler 	Drake 	Drees	Eddie 	Falck
	Fallon 	Foege 	Ford 	Frevert 	Garman 	Gipp 	Greig 	Greiner
	Gries 	Grundberg 	Hahn 	Hansen 	Heaton 	Holmes	Holveck 	Houser
	Huseman 	Huser 	Jacobs 	Jenkins 	Jochum 	Kinzer 	Klemme
	Koenigs 	Kreiman 	Kremer 	Lamberti 	Larkin 	Larson 	Lord
	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, 2:

Cataldo 	Martin
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 540, 2368 and 2274.
Unfinished Business Calendar
Senate File 490, a bill for an act relating to the consumer
fraud law by providing limited immunity from prosecution for
providing certain information, authorizing the attorney general
to commence an action related to telemarketing, and authorizing
the attorney general to establish and accept a civil penalty in
settlement of an investigation, 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. 490)

The ayes were, 96:

Arnold 	Barry 	Bell 	Bernau 	Blodgett 	Boddicker 	Boggess
	Bradley	Brand 	Brauns 	Brunkhorst 	Bukta 	Burnett 	Carroll
	Chapman 	Chiodo 	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 	Mascher 	May 	Mertz 	Metcalf 	Meyer
	Millage 	Mundie 	Murphy 	Myers 	Nelson 	O'Brien 	Osterhaus
	Rants 	Rayhons 	Reynolds-Knight	Richardson 	Scherrman
	Schrader	Shoultz 	Siegrist 	Sukup 	Taylor 	Teig 	Thomas
	Thomson 	Tyrrell 	Van Fossen 	Van Maanen 	Vande Hoef	Veenstra
	Warnstadt 	Weidman 	Weigel 	Welter 	Whitead 	Wise 	Witt 	Mr.
Speaker   				Corbett

The nays were, none.

Absent or not voting, 4:

Cataldo	Doderer	Martin	Moreland
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 2200, a bill for an act relating to the expenses,
powers, and duties of county agricultural extension councils,
with report of committee recommending amendment and passage, was
taken up for consideration.
Klemme of Plymouth offered the following amendment H-8528 filed
by the committee on local government and moved its adoption:

H-8528

 1     Amend Senate File 2200, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, line 19, by inserting after the word
 4   "including" the following:  "in-state".
The committee amendment H-8528 was adopted.
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. 2200)

The ayes were, 98:

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

The nays were, none.

Absent or not voting, 2:

Brunkhorst 	Cataldo 
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 2037, a bill for an act relating to the Iowa state
fair convention by providing for its membership and the election
of members to the Iowa state fair board, with report of
committee recommending passage, was taken up for consideration.
Churchill of Polk asked and received unanimous consent to
withdraw amendment H-8548 filed by him and Cormack of Webster on
March 23, 1998.
Van Fossen of Scott moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 2037)

The ayes were, 96:

Arnold 	Barry 	Bell 	Bernau 	Blodgett 	Boddicker 	Boggess
	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 	Burnett 	Carroll 	Chapman
	Chiodo 	Cohoon 	Connors 	Cormack 	Dinkla 	Dix 	Doderer 	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
	Mr. Speaker
			  Corbett

The nays were, 1:

Churchill 

Absent or not voting, 3:

Cataldo 	Dolecheck 	Witt 
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 490, 2200 and 2037.
On motion by Siegrist of Pottawattamie, the House was recessed
at 11:50 a.m., until 1:00 p.m.

AFTERNOON SESSION
The House reconvened at 1:05 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present.  The vote revealed eighty-three members present,
seventeen absent.
SPECIAL PRESENTATION
Taylor of Linn presented to the House the Honorable Rich
Running, former state representative and senator from Linn
County.
The House rose and expressed its welcome. 

CONSIDERATION OF BILLS
Unfinished Business Calendar
Senate File 2316, a bill for an act relating to entities and
subject matter under the regulatory authority of the regulated
industries unit of the insurance division, including business
opportunities, cemeteries, and cemetery merchandise, motor
vehicle service contracts, preneed funeral merchandise and
services, and residential service contracts, providing for fees,
and establishing penalties, with report of committee
recommending amendment and passage, was taken up for
consideration.
Van Fossen of Scott asked and received unanimous consent to
withdraw amendment H-8372 filed by the committee on commerce and
regulation on March 12, 1998.
Van Fossen of Scott offered the following amendment H-8809 filed
by him and moved its adoption:

H-8809

 1     Amend Senate File 2316, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  By striking page 1, line 23, through page 2,
 4   line 2.
 5     2.  Page 2, by inserting after line 7 the
 6   following:
 7     "Sec. ___.  Section 321I.5, Code 1997, is amended
 8   by adding the following new subsection:
 9     NEW SUBSECTION.  3.  A complete copy of the terms
10   of the motor vehicle service contract shall be
11   delivered to the prospective service contract holder
12   at or before the time that the prospective service
13   contract holder makes application for the service
14   contract.  If there is no separate application
15   procedure, then a complete copy of the motor vehicle
16   service contract shall be delivered to the service
17   contract holder at or before the time the service
18   contract holder becomes bound under the contract."
19     3.  Page 4, by striking lines 6 through 9 and
20   inserting the following:  "amended by adding the
21   following new paragraph:"
22     4.  Page 5, by striking lines 11 through 22.
23     5.  Page 7, by striking lines 11 and 12.
24     6.  Page 7, line 13, by striking the word "d." and
25   inserting the following:  "c."
26     7.  Page 7, line 15, by striking the word "e." and
27   inserting the following:  "d."
28     8.  Page 7, line 19, by striking the word "f." and
29   inserting the following:  "e."
30     9.  Page 8, by striking lines 15 through 20 and
31   inserting the following:
32     "c. f.  The offer or sale of a business
opportunity
33   for which the cash payment made by a purchaser does
34   not exceed five hundred dollars and the payment is
35   made for the not-for-profit sale of sales
36   demonstration equipment, material, or samples, or the
37   payment is made for product inventory sold to the
38   purchaser at a bona fide wholesale price."
39     10.  Page 11, by striking lines 30 through 32, and
40   inserting the following:
41     "NEW SUBSECTION.  5.  A complete copy of the terms
42   of the residential service contract shall be delivered
43   to the prospective service contract holder at or
44   before the time that the prospective service contract
45   holder makes application for the service contract.  If
46   there is no separate application procedure, then a
47   complete copy of the residential service contract
48   shall be delivered to the service contract holder at
49   or before the time the service contract holder becomes
50   bound under the contract."

Page 2  

 1	11.	Page 13, by striking lines 21 through 26.
 2	12.	By renumbering as necessary.
Amendment H-8809 was adopted.
Van Fossen of Scott moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 2316)
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        
	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
        	Vande Hoef     	Veenstra       	Warnstadt      	Weidman
       	Weigel         	Welter         	Whitead        	Wise    
      	Witt           	Van Maanen,
 	 Presiding

The nays were, none.

Absent or not voting, 2:

Cataldo	Holveck
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Ways and Means Calendar
House File 2540, a bill for an act relating to the sales,
services, and use tax exemption for the sale of tangible
personal property which is purchased for lease or rental, was
taken up for consideration.
Myers of Johnson 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. 2540)
The ayes were, 98:
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         
	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
        	Vande Hoef     	Veenstra       	Warnstadt      	Weidman
       	Weigel         	Welter         	Whitead        	Wise    
      	Witt           	Van Maanen,
 	 Presiding

The nays were, 1:

Chapman

Absent or not voting, 1:

Cataldo
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Appropriations Calendar
House File 2547, a bill for an act establishing the IowAccess
system and providing for an appropriation, was taken up for
consideration.
Jacobs of Polk offered amendment H-8954 filed by her as follows:

H-8954

 1     Amend House File 2547 as follows:
 2     1.  Page 5, by inserting after line 30 the
 3   following:
 4     "Sec. ___.  Section 22.2, subsection 1, Code 1997,
 5   is amended to read as follows:
 6     1.  Every person shall have the right to examine
 7   and copy a public records record and to publish
or
 8   otherwise disseminate a public records record
or the
 9   information contained therein in a public record.
10   Unless otherwise provided for by law, the right to
11   examine a public record shall include the right to
12   examine a public record without charge while the
13   public record is in the physical possession of the
14   custodian of the public record.  The right to copy a
15   public records record shall include the right to
make
16   photographs or photographic copies while the records
17   are public record is in the possession of the
18   custodian of the records public record.  All rights
19   under this section are in addition to the right to
20   obtain a certified copies copy of records
a public
21   record under section 622.46."
22     2.  Page 6, line 19, by inserting before the word
23   "Notwithstanding" the following:  "1."
24     3.  Page 6, line 27, by inserting after the figure
25   "VII." the following:  "However, not more than four
26   hundred thousand dollars shall be transferred to the
27   division of information technology services under this
28   subsection during any fiscal year."
29     4.  Page 6, line 28, by inserting before the word
30   "Notwithstanding" the following:  "2."
31     5.  Page 7, by striking lines 2 through 8.
32     6.  Title page, line 1, by inserting after the
33   word "Act" the following:  "providing for public
34   information, including by".
35     7.  By renumbering as necessary.
Jacobs of Polk offered the following amendment H-8999, to
amendment H-8954, filed by her from the floor and moved its
adoption:

H-8999

 1     Amend the amendment, H-8954, to House File 2547, as
 2   amended, passed, and reprinted by the House, as
 3   follows:
 4     1.  Page 1, by striking lines 22 through 31 and
 5   inserting the following:
 6     "   .  Page 7, by striking lines 2 through 8 and
 7   inserting the following:
 8     "Sec. ___.  IOWACCESS FUNDING LIMITATION.
 9   Notwithstanding section 321A.3A, as enacted by this
10   Act, for the fiscal year beginning July 1, 1998, and
11   ending June 30, 1999, not more than $400,000 shall be
12   transferred to the division of information technology
13   services of the department of general services as
14   provided in section 321A.3A, as enacted by this Act.""
15     2.  By renumbering as necessary.
Amendment H-8999 was adopted.
Jacobs of Polk moved the adoption of amendment H-8954, as
amended.
Amendment H-8954, as amended,  was adopted.
Jacobs of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 2547)
The ayes were, 90:

Arnold 	Barry 	Bell 	Blodgett 	Boddicker 	Boggess 	Bradley
	Brand	Brauns 	Brunkhorst 	Bukta 	Burnett 	Carroll 	Chapman
	Chiodo 	Cohoon 	Connors 	Corbett, Spkr.	Cormack 	Dinkla 	Dix
	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 	Koenigs 	Kreiman 	Kremer 	Lamberti
	Larkin 	Larson 	Lord 	Martin 	Mascher 	May 	Mertz 	Metcalf
	Meyer 	Millage	Mundie 	Murphy 	Myers 	Nelson 	O'Brien
	Osterhaus 	Rants 	Rayhons 	Reynolds-Knight 	Richardson
	Scherrman 	Schrader 	Siegrist 	Sukup 	Teig 	Thomas 	Thomson
	Tyrrell 	Van Fossen	Vande Hoef 	Veenstra 	Warnstadt 	Weidman
	Weigel 	Welter 	Whitead 	Wise 	Witt 	Van Maanen,
	  Presiding

The nays were, 8:

Bernau 	Churchill 	Doderer 	Fallon 	Garman 	Huser 	Moreland
	Taylor 

Absent or not voting, 2:

Cataldo 	Shoultz
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
SPECIAL PRESENTATION
Bukta of Clinton presented to the House the Honorable Bob
Johnson, former state representative from Clinton County.
The House rose and expressed its welcome.

IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
Senate File 2316, House Files 2540 and 2547.
SENATE AMENDMENTS CONSIDERED
Dix of Butler called up for consideration Senate File 2321, a
bill for an act relating to the confidentiality of certain
records and reports held by the labor commissioner, amended by
the House, further amended by the Senate and moved that the
House concur in the following Senate amendment H-8842:

H-8842

 1     Amend the House amendment, S-5391, to Senate File
 2   2321, as follows:
 3     1.  Page 1, by inserting after line 10 the
 4   following:
 5     "   .  Page 2, line 13, by inserting after the
 6   word "employer." the following:  "This subsection
 7   shall not affect the discovery rights of any party to
 8   a contested case.""
 9     2.  By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-8842.
Dix of Butler moved that the bill, as amended by the House,
further 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?" (S.F. 2321)
The ayes were, 99:
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      	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, 1:

Cataldo
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Lamberti of Polk called up for consideration Senate File 2391, a
bill for an act allowing probation for some
operating-while-intoxicated offenders after service of a
mandatory minimum sentence, permitting a .15 blood alcohol level
to control the penalties applicable to an offender regardless of
the margin of error associated with the test device, requiring
the deletion from motor vehicle records after twelve years of
certain youth license revocations for alcohol violations, and
providing an effective date, amended by the House, further
amended by the Senate and moved that the House concur in the
following Senate amendment H-8960:

H-8960

 1     Amend the amendment, S-5468, to Senate File 2391,
 2   as amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  Page 1, by striking lines 35 through 45.
 5     2.  Page 3, by inserting before line 14 the
 6   following:
 7     "c.  The department of public safety shall adopt
 8   nationally accepted standards for determining
 9   detectable levels of controlled substances in the
10   division of criminal investigation's initial
11   laboratory screening test for controlled substances."
12     3.  Page 3, by striking lines 25 through 36.
13     4.  Page 4, by striking lines 18 through 22.
14     5.  Page 11, line 43, by striking the words
15   "reason to believe" and inserting the following:  "a
16   reasonable suspicion".
17     6.  Page 12, by striking lines 6 through 10 and
18   inserting the following:  "individual is providing a
19   sample and collection of the sample".
20     7.  Page 12, by striking lines 38 through 43 and
21   inserting the following:  "requested, if the
22   individual tested is a minor."
23     8.  Page 13, by striking lines 17 through 21.
24     9.  Page 13, line 49, by striking the words "a
25   limitation on the".
26     10.  By striking page 13, line 50, through page
27   14, line 1.
28     11.  Page 14, line 2, by striking the words
29   "temporary restricted license, and providing".
30     12.  By renumbering, relettering, or redesignating
31   and correcting internal references as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-8960.
Lamberti of Polk moved that the bill, as amended by the House,
further 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?" (S.F. 2391)

The ayes were, 96:

Arnold 	Barry 	Bell 	Bernau 	Blodgett 	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
	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 	Vande Hoef
	Veenstra 	Warnstadt 	Weidman 	Weigel 	Welter 	Whitead	Wise
	Witt	Van Maanen,
			  Presiding

The nays were, 1:

Fallon 
Absent or not voting, 3:

Boddicker 	Cataldo 	Foege
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 2321 and 2391.
Unfinished Business Calendar
House File 2447, a bill for an act relating to mobile home
dealers, was taken up for consideration.
Huser of Polk asked and received unanimous consent to withdraw
amendments H-8449 and H-8450 filed by her and Moreland of
Wapello on March 16, 1998.
Richardson of Warren asked and received unanimous consent to
withdraw amendment H-8406 filed by him on March 16, 1998.
Rayhons of Hancock offered the following amendment H-8566 filed
by him and moved its adoption:

H-8566

 1     Amend House File 2447 as follows:
 2     1.  Page 2, by striking lines 2 through 4 and
 3   inserting the following:  "connections without having
 4   any additional license."
Amendment H-8566 was adopted.
SENATE FILE 2109 SUBSTITUTED FOR HOUSE FILE 2447
Rayhons of Hancock asked and received unanimous consent to
substitute Senate File 2109 for House File 2447.
Senate File 2109, a bill for an act relating to mobile home
dealers, was taken up for consideration.
Richardson of Warren asked and received unanimous consent to
withdraw amendment H-8480 filed by him on March 17, 1998.
Huser of Polk offered amendment H-8549 filed by her as follows:

H-8549

 1     Amend Senate File 2109, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 2, by striking lines 1 and 2 and
 4   inserting the following:  "water, gas, electrical, and
 5   other utility service connections in a mobile home,
 6   space or within ten feet of such space, located in a
 7   mobile home park, and the dealer or an employee of the
 8   dealer may install a tie-down system on a mobile home
 9   located in a mobile home park."

Richardson of Warren offered the following amendment H-8733, to
amendment H-8549, filed by him and moved its adoption:

H-8733

 1     Amend the amendment, H-8549, to Senate File 2109,
 2   as amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  Page 1, line 9, by inserting after the word
 5   "park." the following:  "The connections are subject
 6   to inspection and approval by local building code
 7   officials and the mobile home dealer shall pay the
 8   inspection fee, if any."
Amendment H-8733 was adopted.
Huser of Polk moved the adoption of amendment H-8549, as amended.
Amendment H-8549, as amended, was adopted.
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. 2109)

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 	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 	Vande Hoef 	Veenstra 	Warnstadt
	Weidman 	Weigel 	Welter 	Whitead 	Wise 	Witt 	Van Maanen,
  Presiding

The nays were, none.

Absent or not voting, 3:

Cataldo 	Heaton 	Van Fossen 
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
SPECIAL PRESENTATION
Bradley of Clinton presented to the House Nicholas Mohr from
Pleasant Valley High School. He is the first Iowan in 65 years
to receive the National Good Citizen Award through the Daughters
of the American Revolution.
The House rose and expressed its appreciation.
HOUSE FILE 2447 WITHDRAWN
Rayhons of Hancock asked and received unanimous consent to
withdraw House File 2447 from further consideration by the House.
Carroll of Poweshiek in the chair at 2:05 p.m.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2109 be immediately messaged to the Senate.
The House resumed consideration of Senate File 2277, a bill for
an act providing for exceptions to municipal tort liability for
skateboarding, previously deferred.
Fallon of Polk asked and received unanimous consent to withdraw
amendment H-8886 filed by Fallon, et al., on April 2, 1998.
Schrader of Marion offered the following amendment H-8970 filed
by him and moved its adoption:
H-8970

 1     Amend Senate File 2277, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by striking lines 11 through 17.
Roll call was requested by Schrader of Marion and Brand of Tama.
Rule 75 was invoked.
On the question "Shall amendment H-8970 be adopted?" (S.F. 2277)

The ayes were, 42:

Bell 	Bernau 	Brand 	Bukta 	Burnett 	Chapman 	Cohoon 	Connors
	Dinkla 	Doderer 	Dotzler 	Drees 	Falck 	Foege 	Ford 	Holmes
	Holveck 	Jenkins 	Jochum 	Kinzer 	Koenigs 	Kreiman 	Larkin
	Mascher 	May 	Mertz 	Moreland 	Mundie 	Murphy 	Myers 	O'Brien
	Osterhaus 	Richardson 	Scherrman 	Schrader 	Shoultz 	Taylor
	Thomas 	Warnstadt 	Weigel 	Whitead 	Wise 

The nays were, 56:

Arnold 	Barry 	Blodgett 	Boddicker 	Boggess 	Bradley 	Brauns
	Chiodo 	Churchill 	Corbett, Spkr. 	Cormack 	Dix 	Dolecheck
	Drake 	Eddie 	Fallon 	Frevert 	Garman 	Gipp 	Greig 	Greiner
	Gries 	Grundberg 	Hahn 	Hansen 	Heaton 	Houser 	Huseman 	Huser
	Jacobs 	Klemme 	Kremer 	Lamberti 	Larson 	Lord 	Martin 	Metcalf
	Meyer 	Millage 	Nelson 	Rants 	Rayhons 	Reynolds-Knight
	Siegrist 	Sukup 	Teig 	Thomson 	Tyrrell 	Van Fossen 	Van Maanen
	Vande Hoef 	Veenstra 	Weidman 	Welter 	Witt 	Carroll,
			  Presiding

Absent or not voting, 2:

Brunkhorst 	Cataldo 
Amendment H-8970 lost.
Lamberti of Polk offered the following amendment H-9008 filed by
him and Huser of Polk from the floor and moved its adoption:
H-9008

 1     Amend Senate File 2277, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, line 17, by inserting after the word
 4   "risk." the following:  "This subsection shall not
 5   apply to claims based upon gross negligence."
Amendment H-9008 was adopted.
Shoultz of Black Hawk offered the following amendment H-9006
filed by him from the floor and moved its adoption:

H-9006

 1     Amend Senate File 2277, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by striking lines 11 through 17, and
 4   inserting the following:
 5     "NEW SUBSECTION.  15.  Any claim to recover
 6   compensation for injuries received by a skateboarding
 7   or in-line skating participant in a skateboarding or
 8   in-line skating accident which occurred at a publicly
 9   designated skateboarding or in-line skating facility,
10   based upon or arising out of an act or omission of an
11   officer or employee of the municipality or the
12   municipality's governing board.
13     For the purposes of this section, a publicly
14   designated skateboarding or in-line skating facility
15   means a site that complies with all of the following:
16     a.  The site has been designated by a municipality
17   as being open to skateboarding or in-line skating.
18     b.  The site has signs posted by the municipality
19   that indicate in black letters a minimum of one inch
20   high, the following:
21     WARNING.  Under Iowa law, a municipality is not
22   liable, except under very limited circumstances, for
23   injuries to, or the death of, a person participating
24   in skateboarding or in-line skating at a designated
25   skateboarding or in-line skating facility pursuant to
26   Iowa Code chapter 670.
27     c.  Users of the site are required by ordinance to
28   wear helmets, elbow pads, and knee pads, and the site
29   has signs posted notifying users of the requirement,
30   and that any person failing to comply with the
31   ordinance will be subject to citation.
32     Nothing in this subsection is intended to limit the
33   liability of a public entity with respect to any other
34   duty imposed pursuant to existing law, including the
35   duty to protect against dangerous conditions of public
36   property."
Amendment H-9006 lost.
Vande Hoef of Osceola 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. 2277)

The ayes were, 66:

Arnold 	Barry 	Bell 	Blodgett 	Boddicker 	Boggess
	Bradley	Brauns 	Brunkhorst 	Chapman 	Chiodo 	Churchill
	Corbett, Spkr. 	Cormack 	Dix 	Dolecheck 	Drake 	Eddie 	Fallon
	Frevert 	Garman 	Gipp 	Greig 	Greiner 	Gries 	Grundberg 	Hahn
	Hansen 	Heaton 	Holmes 	Houser 	Huseman 	Huser 	Jacobs 	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 	Witt 	Carroll,
	  Presiding

The nays were, 33:

Bernau	Brand 	Bukta 	Burnett 	Cohoon 	Connors 	Dinkla	Doderer
	Dotzler 	Drees 	Falck 	Foege 	Ford 	Holveck 	Jenkins 	Jochum
	Kinzer	Koenigs 	Kreiman 	Larkin 	Mascher 	Moreland 	Murphy
	Myers 	Osterhaus 	Scherrman 	Schrader 	Shoultz 	Taylor
	Warnstadt 	Weigel 	Whitead 	Wise 

Absent or not voting, 1:

Cataldo
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2277 be immediately messaged to the Senate.
Speaker pro tempore Van Maanen of Marion in the chair at 4:10
p.m.
Appropriations Calendar
House File 2548, 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, was taken up for consideration.
Heaton of Henry offered the following amendment H-8991 filed by
him and moved its adoption:

H-8991

 1     Amend House File 2548 as follows:
 2     1.  Page 1, line 8, by inserting before the word
 3   "secondary" the following:  "sequenced and
 4   articulated".
 5     2.  Page 1, line 11, by striking the word
 6   "certified" and inserting the following:  "approved".
 7     3.  Page 1, line 33, by striking the word
 8   "certified" and inserting the following:  "approved".
 9     4.  Page 2, line 4, by striking the word
10   "certified" and inserting the following:  "approved".
11     5.  Page 2, line 5, by striking the word
12   "certified" and inserting the following:  "approved".
13     6.  Page 2, by inserting after line 19 the
14   following:
15     "___.  The program involves an eligible
16   postsecondary institution as defined in section
17   261C.3."
18     7.  Page 4, by striking lines 24 through 30 and
19   inserting the following:  "participant may be made on
20   a single form."
21     8.  Page 4, line 32, by striking the words and
22   figures "2000, and ending June 30, 2005" and inserting
23   the following:  "1999, and ending June 30, 2004".
24     9.  Page 4, line 35, by inserting after the word
25   "section." the following:  "If the amount appropriated
26   in a fiscal year is insufficient to pay all refund
27   claims for the calendar year in full, each claimant
28   shall receive a proportion of the claimant's refund
29   claim equal to the ratio of the amount appropriated to
30   the total amount of refund claims.  Any unpaid portion
31   of a claim shall not be paid from a subsequent fiscal
32   year appropriation."
33     10.  Page 5, line 7, by striking the figure "2005"
34   and inserting the following:  "2004".
35     11.  Page 5, line 8, by striking the figure "2005"
36   and inserting the following:  "2004".
37     12.  Page 5, line 13, by striking the figure
38   "2003" and inserting the following:  "2002".
39     13.  Page 5, line 14, by striking the words "AND
40   APPLICABILITY DATES" and inserting the following:
41   "DATE".
42     14.  Page 5, by striking lines 16 and 17 and
43   inserting the following:  "enactment."
44     15.  Title page, line 5, by striking the words
45   "and applicability".
Amendment H-8991 was adopted.
Heaton of Henry 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. 2548)

The ayes were, 95:

Arnold 	Barry 	Bell 	Bernau 	Blodgett 	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 	Gipp 	Greig 	Greiner 	Gries
	Grundberg 	Hahn 	Hansen 	Heaton 	Holmes 	Holveck 	Houser
	Huseman 	Huser 	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 	Tyrrell 	Van Fossen
	Vande Hoef 	Veenstra 	Warnstadt 	Weidman 	Weigel 	Welter
	Whitead 	Wise 	Witt 	Van Maanen,
		  Presiding

The nays were, 2:

Boddicker 	Garman 

Absent or not voting, 3:

Cataldo 	Koenigs	Thomson 
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2548 be immediately messaged to the Senate.
Unfinished Business Calendar
Senate File 2259, a bill for an act relating to search warrant
applications, with report of committee recommending passage, was
taken up for consideration.
Larson of Linn asked and received unanimous consent to withdraw
amendment H-8844 filed by Larson, et al., on April 1, 1998.
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. 2259)

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 	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, none.

Absent or not voting, 3:

Cataldo 	Jochum 	Koenigs 
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 2259 be immediately messaged to the Senate.
RULES SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend the rules for the immediate consideration of House
File 2553.
Appropriations Calendar
House File 2553, a bill for an act relating to the compensation
and benefits for public officials and employees, providing for
related matters, and making appropriations, was taken up for
consideration.
Gipp of Winneshiek moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2553)

The ayes were, 94:

Arnold 	Barry 	Bell 	Bernau 	Blodgett 	Boddicker 	Boggess
	Bradley 	Brand 	Brauns 	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
	Kreiman 	Kremer 	Lamberti 	Larkin 	Larson 	Lord 	Martin
	Mascher 	May 	Mertz 	Metcalf 	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	Vande Hoef 	Veenstra 	Warnstadt 	Weidman 	Weigel 	Welter
	Whitead 	Wise 	Witt 	Van Maanen, 
  	Presiding

The nays were, 4:

Brunkhorst 	Fallon 	Meyer 	Richardson 

Absent or not voting, 2:

Cataldo 	Koenigs 
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 2553 be immediately messaged to the Senate.
Unfinished Business Calendar
Senate File 2292, a bill for an act relating to the sex offender
registry and providing for the Act's applicability, with report
of committee recommending passage, was taken up for
consideration.
Lamberti of Polk offered amendment H-8553 filed by him and
Doderer of Johnson as follows:

H-8553

 1     Amend Senate File 2292, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5     "Section 1.  Section 692A.1, subsection 3,
 6   paragraphs a and b, Code Supplement 1997, are amended
 7   by striking the paragraphs."
 8     2.  Page 1, line 17, by inserting after the word
 9   "kidnapping," the following:  "false imprisonment,".
Lamberti of Polk offered the following amendment H-9011, to
amendment H-8553, filed by him from the floor and moved its
adoption:

H-9011

 1     Amend the amendment, H-8553, to Senate File 2292,
 2   as amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  Page 1, by inserting after line 9, the
 5   following:
 6     "   .  Page 11, by inserting after line 30, the
 7   following:
 8     "Sec. ___.  MEGAN'S LAW COMPLIANCE DETERMINATION.
 9   The department of public safety shall submit a request
10   to the United States department of justice for a
11   determination of whether the failure of a state to
12   include as criminal offenses against a minor the
13   offenses of kidnapping or false imprisonment of a
14   minor, committed by someone other than a parent and
15   which do not involve sexual abuse or attempted sexual
16   abuse, will result in a state being found not to be in
17   compliance with the federal Megan's Law amendment to
18   the Jacob Wetterling Crimes Against Children and
19   Sexually Violent Offender Registration Act specified
20   in section 170101(f) of Pub. L. No. 104-145, 110 Stat.
21   1345 (codified at 42 U.S.C. "/g" 14071(f)).  If the
22   department of public safety receives, as a result of
23   the request, an opinion that the failure to include
24   those offenses as criminal offenses against a minor
25   will cause a state to not be in compliance with the
26   federal Megan's Law amendment, the department shall
27   seek an exception to the requirement for inclusion of
28   those offenses and shall report the information
29   regarding the contents of the United States department
30   of justice opinion and any results of the exception
31   request at the commencement of the session of the
32   general assembly which convenes in January of 1999.""
33     2.  By numbering and renumbering as necessary.
Amendment H-9011 was adopted.
Lamberti of Polk moved the adoption of amendment H-8553, as
amended.
Amendment H-8553, as amended, was adopted.
Sukup of Franklin offered the following amendment H-8705 filed
by him and moved its adoption:

H-8705

 1     Amend Senate File 2292, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by inserting before line 1, the
 4   following:
 5     "Section 1.  Section 692A.1, subsection 3, Code
 6   Supplement 1997, is amended by adding the following
 7   new paragraph after paragraph h and by relettering
 8   current paragraphs i through l as paragraphs j through
 9   m:
10     NEW PARAGRAPH. i. Incest committed against a minor.
11     Sec. ___.  Section 692A.1, subsection 3, paragraph
12   m, Code Supplement 1997, is amended to read as
13   follows:
14     m. n.  An indictable offense committed in another
15   jurisdiction which would constitute an indictable
16   offense under paragraphs "a" through "l" "m"."
17     2.  By renumbering as necessary.
Amendment H-8705 was adopted.
Jochum of Dubuque offered the following amendment H-8614 filed
by her and Murphy of Dubuque and moved its adoption:

H-8614

 1     Amend Senate File 2292, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 8, line 24, by striking the words "as
 4   well as".
 5     2.  Page 8, line 25, by inserting after the word
 6   "agencies" the following:  ", and a requirement that
 7   the persons performing each risk assessment include an
 8   individual who at least meets the clinical standards
 9   for professional competence adopted in the third
10   international congress on the treatment of sex
11   offenders and is experienced in working with the
12   assessment of sex offenders".
Amendment H-8614 lost.
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. 2292)

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 	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 	Vande Hoef 	Veenstra
	Warnstadt 	Weidman 	Weigel 	Welter 	Whitead 	Wise 	Witt 	Van
Maanen, 
  	Presiding

The nays were, 1:

Fallon

Absent or not voting, 1:

Cataldo 
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
HOUSE INSISTS
Greiner of Washington called up for consideration Senate File
2295, a bill for an act relating to and making appropriations
for agriculture and natural resources and providing an effective
date and moved that the House insist on its amendment, which
motion prevailed.

CONFERENCE COMMITTEE APPOINTED
(Senate File 2295)
The Speaker announced the appointment of the conference
committee to consider the differences between the House and
Senate concerning Senate File 2295: Greiner of Washington,
Chair; Dolecheck of Ringgold, Klemme of Plymouth, Murphy of
Dubuque and Mertz of Kossuth.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
Senate Files 2292 and 2295.

SENATE AMENDMENT CONSIDERED
Garman of Story called up for consideration House File 2539, a
bill for an act relating to and making appropriations to the
justice system 
and providing effective dates, amended by the Senate amendment
H-8958 as follows:

H-8958

 1     Amend House File 2539, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 1, by striking lines 10 and 11 and
 4   inserting the following:
 5  	"	 $	  7,564,661
 6  		 FTEs	     187.50"
 7     2.  Page 10, line 13, by striking the word
 8   "officer".
 9     3.  Page 10, by striking lines 14 through 16 and
10   inserting the following:  "pursuant to this section."
11     4.  Page 24, by striking line 28 and inserting the
12   following:
13  	"	 $	101,028,908"
14     5.  Page 29, by striking line 10 and inserting the
15   following:
16  	"	 $	    963,551"
17     6.  Page 31, by striking line 19 and inserting the
18   following:
19  	"	 $	 11,534,456"
20     7.  Page 34, by inserting after line 2 the
21   following:
22     "10.  For costs associated with increased
23   enforcement of methamphetamine-related offenses:
24  		 $	    200,000"
25     8.  By renumbering, relettering, or redesignating
26   and correcting internal references as necessary.
Garman of Story offered the following amendment H-9010, to the
Senate amendment H-8958, filed by her from the floor and moved
its adoption:

H-9010

 1     Amend the Senate amendment, H-8958, to House File
 2   2539, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by striking lines 3 through 6.
 5     2.  Page 1, by striking lines 11 through 24.
 6     3.  By renumbering as necessary.
Roll call was requested by Bernau of Story and Murphy of Dubuque.
Rule 75 was invoked.
On the question "Shall amendment H-9010, to the Senate amendment
H-8958, be adopted?" (H.F. 2539)
The ayes were, 55:

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

The nays were, 44:

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

Absent or not voting, 1:

Cataldo
Amendment H-9010 was adopted.
On motion by Garman of Story, the House concurred in the Senate
amendment H-8958, as amended.
Garman of Story 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 a last time.
On the question "Shall the bill pass?" (H.F. 2539)

The ayes were, 91:

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

The nays were, 4:

Fallon 	Ford 	Kreiman 	Moreland 

Absent or not voting, 5:

Cataldo 	Chapman 	Doderer 	Holveck 	Vande Hoef 
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2539 be immediately messaged to the Senate.
Unfinished Business Calendar
The House resumed consideration of House File 2506, a bill for
an act relating to the taking of mussels from the waters of this
state and providing an effective date, previously deferred.
Dotzler of Black Hawk asked and received unanimous consent to
withdraw amendment H-8489 filed by him on March 18, 1998.
Burnett of Story asked and received unanimous consent to
withdraw amendment H-8518 filed by her on March 19, 1998.
Hahn of Muscatine asked and received unanimous consent to
withdraw amendment H-8473 filed by him on March 17, 1998.
Hahn of Muscatine offered amendment H-8847 filed by him and
Thomas of Clayton as follows:

H-8847

 1     Amend House File 2506 as follows:
 2     1.  By striking everything after the enacting
 3   clause and inserting the following:
 4     "Section 1.  Section 482.4, subsection 6,
 5   paragraphs h and i, Code 1997, are amended to read as
 6   follows:
 7     h.  Commercial mussel buyer,	resident  $	  1,000.0 0
 8                                                          
	1,050.00
 9     i.  Commercial mussel buyer,	nonresident  $	  5,000.0
0
10                                                         	 
5,050.00
11     Sec. 2.  NEW SECTION.  482.12A  MUSSEL FISHING -
12   SEASON.
13     Notwithstanding sections 481A.38, 481A.39, 482.1,
14   and 482.12, the open season for taking washboard
15   mussel each year shall be from April 1 to August 31.
16   The washboard mussel shall be taken only during the
17   hours between sunrise and sunset.  The minimum size
18   limit on washboard mussel shall be four inches.
19     Sec. 3.  NEW SECTION.  482.12B  SCIENTIFIC STUDY OF
20   MUSSEL POPULATIONS - REPORT.
21     The department of natural resources shall conduct a
22   study of the populations of various mussel species in
23   the waters of this state with emphasis on the sublegal
24   population of washboard mussels in the waters of the
25   state.  The department shall conduct independent field
26   investigations of the various mussel beds in boundary
27   waters of this state.  The department shall fund up to
28   fifty percent of the cost of the field investigations
29   with the commercial mussel industry contributing the
30   remainder.  The department shall contract with a
31   malacologist who is acceptable to the commercial
32   mussel industry and the department to conduct the
33   study and investigation.  The department shall review
34   current scientific studies conducted by other state
35   natural resource agencies, federal wildlife and
36   natural resource agencies, and private parties
37   including commercial fishers, shell buyers, and shell
38   exporters.
39     The department shall report its findings to the
40   chairpersons and ranking members of the house
41   committee on natural resources and the senate
42   committee on natural resources and environment not
43   later than January 15, 2000.  Notwithstanding section
44   482.12A, if the data in the report supports a closed
45   season for washboard mussels, the natural resource
46   commission may consider closing the season for
47   washboard mussels.
48     Sec. 4.  Section 482.13, Code 1997, is amended to
49   read as follows:
50     482.13  RECIPROCITY FOR COMMERCIAL FISHING,

Page 2  

 1   COMMERCIAL MUSSEL FISHING, AND COMMERCIAL TURTLE
 2   FISHING.
 3     1.  Reciprocal commercial fishing, commercial
 4   mussel fishing, and commercial turtle fishing
 5   privileges are contingent upon a grant of similar
 6   privileges by the appropriate state to residents of
 7   this state.
 8     2.  The commission may negotiate commercial
 9   reciprocity agreements with other states.
10     3.  When another state confers upon commercial
11   mussel fishing licensees of this state reciprocal
12   rights, privileges, and immunities including the
13   taking of washboard mussels, a commercial mussel
14   fishing license issued by that state entitles the
15   licensee to all rights, privileges, and immunities
16   including the taking of washboard mussels in the
17   public waters of this state enjoyed by the holders of
18   equivalent licenses issued by this state, subject to
19   duties, responsibilities, and liabilities imposed on
20   its own licensees by the laws of this state.
21     Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of
22   immediate importance, takes effect upon enactment."
23     2.  Title page, line 2, by inserting after the
24   word "state" the following:  ", increasing license
25   fees,".
Burnett of Story offered the following amendment H-8914, to
amendment H-8847, filed by her and moved its adoption:

H-8914

 1     Amend the amendment, H-8847, to House File 2506 as
 2   follows:
 3     1.  Page 1, line 8, by striking the figure
 4   "1,050.00" and inserting the following:  "2,500.00".
 5     2.  Page 1, line 10, by striking the figure
 6   "5,050.00" and inserting the following:  "6,500.00".
Veenstra of Sioux in the chair at 5:38 p.m.
Roll call was requested by Rants of Woodbury and Larson of Linn.
On the question "Shall amendment H-8914, to amendment H-8847, be
adopted?" (H.F. 2506)

The ayes were, 25:

Bell 	Bernau 	Brand 	Burnett 
Chapman 	Connors 	Doderer 	Fallon 	Foege 	Ford 	Holveck	Jochum
	Kinzer 	Koenigs 	Kreiman 	Larkin 	Mascher 	Moreland 	Myers
	Osterhaus 	Shoultz 	Taylor 	Warnstadt 	Whitead 	Witt 

The nays were, 73:

Arnold 	Barry 	Blodgett 	Boddicker 	Boggess 	Bradley 	Brauns
	Brunkhorst 	Bukta 	Carroll 	Chiodo 	Churchill 	Cohoon 	Corbett,
Spkr. 	Cormack 	Dix 	Dolecheck 	Dotzler 	Drake 	Drees 	Eddie
	Falck 	Frevert 	Garman 	Gipp 	Greig 	Greiner 	Gries 	Grundberg
	Hahn 	Hansen 	Heaton 	Holmes 	Houser 	Huseman 	Huser 	Jacobs
	Jenkins 	Klemme 	Kremer 	Lamberti 	Larson 	Lord 	Martin 	May
	Mertz 	Metcalf 	Meyer 	Millage 	Mundie 	Murphy	Nelson 	O'Brien
	Rants 	Rayhons 	Reynolds-Knight 	Richardson 	Scherrman
	Schrader 	Siegrist	Sukup 	Teig 	Thomas 	Thomson 	Tyrrell 	Van
Fossen 	Van Maanen 	Vande Hoef 	Weidman 	Weigel	Welter
	Wise	Veenstra,
  Presiding

Absent or not voting, 2:

Cataldo 	Dinkla 
Amendment H-8914 lost.
Hahn of Muscatine offered the following amendment H-8985, to
amendment H-8847, filed by him and Thomas of Clayton and moved
its adoption:

H-8985

 1     Amend the amendment, H-8847, to House File 2506 as
 2   follows:
 3     1.  Page 1, line 18, by inserting after the word
 4   "inches." the following:  "The taking of mussels shall
 5   be limited to the Mississippi river and its connected
 6   backwaters."
Amendment H-8985 was adopted.
Dotzler of Black Hawk offered the following amendment H-8913, to
amendment H-8847, filed by him and moved its adoption:
H-8913

 1     Amend the amendment, H-8847, to House File 2506 as
 2   follows:
 3     1.  Page 1, by striking lines 11 through 18 and
 4   inserting the following:
 5     "Sec. ___.  NEW SECTION.  482.12A  MUSSEL FISHING
 6   MORATORIUM.
 7     The season for taking washboard mussels shall be
 8   closed from July 1, 1998, through June 30, 2000."
 9     2.  Page 1, by striking lines 43 through 47 and
10   inserting the following:  "later than January 15,
11   2000.  After June 30, 2000, the department may
12   continue the moratorium for taking washboard mussels
13   or reopen the season if the study data shows a healthy
14   population of washboard mussels that can support a
15   commercial harvest season."
A non-record roll call was requested.
The ayes were 31, nays 47.
Amendment H-8913 lost.

Dotzler of Black Hawk asked and received unanimous consent to
withdraw amendment H-8895, to amendment H-8847, filed by him on
April 3, 1998.
Dotzler of Black Hawk offered the following amendment H-8955, to
amendment H-8847, filed by him and moved its adoption:

H-8955

 1     Amend the amendment, H-8847, to House File 2506 as
 2   follows:
 3     1.  Page 1, by inserting after line 38 the
 4   following:
 5     "The department shall establish two study control
 6   refuge areas for mussels along the Mississippi river.
 7   One refuge shall be pool no. 15, which is the region
 8   of the upper Mississippi river system that is
 9   impounded by lock and dam no. 15.  The second refuge
10   shall be a healthy pool of the upper Mississippi river
11   system that is impounded by a lock and dam as
12   determined by the department and the commercial mussel
13   industry.  The refuge areas shall be closed for mussel
14   fishing during the study."
Amendment H-8955 lost.
Siegrist of Pottawattamie asked and received unanimous consent
to reconsider the vote by which amendment H-8955, to amendment  
H-8847, failed to be adopted.
On motion by Hahn of Muscatine, amendment H-8955 was adopted.
Hahn of Muscatine offered the following amendment H-8915, to
amendment H-8847, filed by him and Thomas of Clayton and moved
its adoption:

H-8915

 1     Amend the amendment, H-8847, to House File 2506 as
 2   follows:
 3     1.  Page 2, by striking lines 10 through 20 and
 4   inserting the following:
 5     "3.  All nonresident licensed commercial mussel
 6   fishers shall conform with the regulations of the
 7   state in which they are fishing.  However, if the
 8   regulations of the licensee's state of residence are
 9   more restrictive, the licensee must conform with the
10   more restrictive regulations."
Amendment H-8915 was adopted.
Hahn of Muscatine moved the adoption of amendment H-8847, as
amended.
Amendment H-8847, as amended, was adopted placing the following
amendments out of order: 

H-8426 filed by Dotzler of Black Hawk on March 16, 1998.
H-8427 filed by Dotzler of Black Hawk on March 16, 1998.
H-8428 filed by Dotzler of Black Hawk on March 16, 1998.
H-8429 filed by Dotzler of Black Hawk on March 16, 1998.
H-8430 filed by Dotzler of Black Hawk on March 16, 1998.
H-8482 filed by Dotzler of Black Hawk on March 18, 1998.
H-8485 filed by Dotzler of Black Hawk on March 18, 1998.
H-8488, to amendment H-8426, filed by Dotzler of Black Hawk on
March 18, 1998.
H-8491, to amendment H-8429, filed by Dotzler of Black Hawk on
March 18, 1998.
H-8504, to amendment H-8429, filed by Hahn of Muscatine on March
19, 1998.
SPECIAL PRESENTATION
Fallon of Polk presented to the House three college students
from Denmark who are studying political science. Their names
were Tanja Nielson, Anne Schmidt and Lisa Rasmussen.  They are
traveling all over the United States for four months.
RULE 32 INVOKED
Siegrist of Pottawattamie invoked rule 32 to refer House File
2506 to the committee on ways and means
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 8, 1998, passed the following bill in
which the concurrence of the Senate was asked:
House File 2282, a bill for an act authorizing the imposition of
a local option sales and services tax and use of certain federal
funds for school infrastructure projects and the issuance of
bonds, and providing an effective date.
Also: That the Senate has on April 8, 1998, adopted the
following resolution in which the concurrence of the House is
asked:
Senate Concurrent Resolution 114, a Senate concurrent resolution
requesting that the legislative council establish an interim
study committee to consider increasing the percent of oxygen by
weight in motor vehicle fuel.
Also: That the Senate has on April 8, 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 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.
Also: That the Senate has on April 8, 1998, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2376, a bill for an act relating to the operation of
the lottery.
MARY PAT GUNDERSON, Secretary
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Forty-five Junior and Senior Government students from Lenox,
accompanied by Karl Peterson and Alan Dukes.  By Boggess of
Taylor and Dolecheck of Ringgold.
Seventeen Senior Government students from Monticello High
School, Monticello, accompanied by Mark Holtzman.  By Welter of
Jones.
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\435	Jeremiah DeHeck, Dubuque - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
1998\436	LeRoy Schoon, Cherokee - For being named the 1998 Iowa
Small Business Person of the Year.
1998\437	Charles and Mamie Kyarsgaard, Clinton - For celebrating
their 65th wedding anniversary.
1998\438	Dorothy Dierks, Clinton - For celebrating her 90th
birthday.
1998\439	John and Mildred Haack, Clinton - For celebrating their
50th wedding anniversary.
1998\440	Nicholas Mohr, Pleasant Valley - For being the first
Iowan to win the National Good Citizen Award through the
Daughters of the American Revolution.
1998\441	Genevieve Hastie, Indianola - For celebrating her 80th
birthday.
1998\442	Berniece Seymour, Indianola - For celebrating her 97th
birthday.
1998\443	Larry White, Southeast Polk -For being named District
Coach of the Year.
1998\444	Jessman Smith, Southeast Polk - For winning the
171-pound State Wrestling Championship
1998\445	Greg Roorda, Southeast Polk - For winning 2nd place at
189-pounds at the State Wrestling Meet.
1998\446	BJ Iseminger, Southeast Polk - For winning 6th place at
140-pounds at the State Wrestling Meet.
1998\447	Ryan Parlee, Southeast Polk - For placing 7th at the
State Swim Meet in the 200 freestyle.
1998\448	Austin Kelly, Southeast Polk - For being named to the
All-State Cheerleading Squad.
1998\449	Kristina Hansen, Southeast Polk - For being named to
the All-State Cheerleading Squad.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON APPROPRIATIONS
Committee Bill (Formerly House File 2411), relating to solid
waste tonnage fees, the allocation of taxes on solid waste
collection, and disposal service and making appropriations.
Fiscal Note is not required.
Recommended Amend and Do Pass April 8, 1998.
Committee Bill (Formerly House File 2483), relating to
employment background checks by care facilities and services,
creating a single contact repository, and making appropriations.
Fiscal Note is not required.
Recommended Amend and Do Pass April 8, 1998.
Committee Bill (Formerly House File 2520), relating to mental
health, developmental disability, and substance abuse service
and payment provisions, providing a penalty, and including an
applicability provision and an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass April 8, 1998.
COMMITTEE ON WAYS AND MEANS
Senate File 2416, a bill for an act relating to the replacement
of property tax on property associated with electricity and
natural gas with excise taxes associated with electricity and
natural gas, establishing a statewide property tax on property
associated with electricity and natural gas, providing for a
special utility property tax levy or tax credit, providing for
the Act's retroactive applicability, providing an effective
date, and providing penalties.
Fiscal Note is required.
Recommended Do Pass April 8, 1998.
RESOLUTIONS FILED
HCR 118, by Churchill, a concurrent resolution requesting that
the federal government take all necessary and appropriate action
to ensure that Japan establishes and maintains an open and
competitive market for United States exports.
Laid over under Rule 25.
HCR 119, by Tyrrell, a concurrent resolution urging federal
Congressional support for widows and widowers under the federal
Railroad Retirement Act of 1974.
Laid over under Rule 25.
HCR 120, by Connors and Fallon, a concurrent resolution
congratulating Dr. Joan Roberts for being named the 1997 Iowa
Secondary Principal of the Year.
Laid over under Rule 25.
AMENDMENTS FILED

H-8994	H.F.	2164	Senate Amendment
H-8995	H.F.	2335	Senate Amendment
H-8996	H.F.	2166	Senate Amendment
H-8997	H.F.	667	Senate Amendment
H-8998	H.F.	2537	Dolecheck of Ringgold
				Arnold of Lucas
H-9000	S.F.	58	Bukta of Clinton
H-9001	S.F.	187	Arnold of Lucas
				Dotzler of Black Hawk
H-9002	S.F.	2061	Huser of Polk
H-9003	S.F.	2381	Whitead of Woodbury
H-9004	S.F.	2410	Huser of Polk
H-9005	S.F.	2410	Huser of Polk
H-9007	S.F.	2311	Senate Amendment
H-9009	H.F.	2164	Wise of Lee
				Heaton of Henry
				Larkin of Lee
H-9012	S.F.	58	Moreland of Wapello
H-9013	S.F.	2410	Witt of Black Hawk
H-9014	S.F.	2410	Osterhaus of Jackson
H-9015	S.F.	2410	Jochum of Dubuque
H-9016	S.F.	2410	Jochum of Dubuque
H-9017	S.F.	2410	Jochum of Dubuque
H-9018	S.F.	2410	Osterhaus of Jackson
H-9019	S.F.	2410	Foege of Linn
H-9020	S.F.	2363	Brand of Tama
H-9021	H.F.	2164	Weigel of Chickasaw
H-9022	S.F.	2410	Jochum of Dubuque
				Richardson of Warren
H-9023	S.F.	2410	Houser of Pottawattamie
H-9024	S.F.	2410	Houser of Pottawattamie
				Barry of Harrison
H-9025	H.F.	2538	Dix of Butler
H-9026	S.F.	367	Holveck of Polk
				Kreiman of Davis
				Doderer of Johnson
H-9027	S.F.	367	Holveck of Polk
				Kreiman of Davis
				Doderer of Johnson
H-9028	S.F.	367	Holveck of Polk
				Kreiman of Davis
				Doderer of Johnson
H-9029	S.F.	547	Bernau of Story
				Jochum of Dubuque
H-9030	S.F.	2410	Houser of Pottawattamie
H-9031	S.F.	2410	Hansen of Pottawattamie
				Van Fossen of Scott
				Sukup of Franklin
				Houser of Pottawattamie
H-9032	S.F.	2410	Houser of Pottawattamie
H-9033	S.F.	2061	Dix of Butler
H-9034	S.F.	2410	Houser of Pottawattamie
				Osterhaus of Jackson
				Hansen of Pottawattamie
On motion by Siegrist of Pottawattamie, the House adjourned at
6:40 p.m., until 9:00 a.m., Thursday, April 9, 1998.

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