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House Journal: Tuesday, April 14, 1998

Ninety-third Calendar Day - Sixty-second Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, April 14, 1998
The House met pursuant to adjournment at 8:52 a.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Father Michael Hess of Dowling High
School, West Des Moines. Candy Boucher sang "Amazing Grace".
The Journal of Monday, April 13, 1998 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Blodgett of Cerro Gordo, until his arrival, on request of
Speaker Corbett.

CONSIDERATION OF BILL
Appropriations Calendar
Senate File 2332, a bill for an act relating to agriculture,
regulating the sale of agricultural products advertised as
organic, providing for fees and appropriations, and providing
penalties and an effective date, with report of committee
recommending amendment and passage, was taken up for
consideration.
Meyer of Sac offered amendment H-8882 filed by the committee on
appropriations as follows:

H-8882

 1     Amend Senate File 2332, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, line 12, by striking the words "in the
 4   United States".
 5     2.  Page 3, line 17, by striking the words "or
 6   processing" and inserting the following:  ", aids, or
 7   ingredients that are used during processing,
 8   packaging, or storing agricultural products".
 9     3.  Page 3, line 31, by striking the word "years"
10   and inserting the following:  "years."
11     4.  Page 3, by striking line 32 and inserting the
12   following:  "However,".
13     5.  Page 7, by striking lines 22 through 28 and
14   inserting the following:  "fees for persons required
15   to be certified as producers, handlers, and processors
16   of agricultural products labeled, sold, or advertised
17   as organic as provided in section 190C.13.
18     2.  Beginning on July 1, 2000, the department shall
19   establish the rate of fees based on an estimate of the
20   amount of revenues from the fees required by the
21   department to administer and enforce this chapter.
22   The department shall annually review the estimate in
23   order to determine if the fees must be adjusted in
24   order to comply with this subsection.  The department
25   may adjust the fees by rule at any time in order to
26   comply with this subsection."
27     6.  Page 8, line 9, by striking the words
28   "product, other than livestock," and inserting the
29   following:  "product".
30     7.  Page 11, line 9, by striking the words "or
31   registered".
32     8.  Page 13, by inserting after line 3 the
33   following:
34     "Sec. ___.  STAFF QUALIFICATIONS.  The department
35   shall adopt rules regarding the qualifications of
36   departmental personnel responsible for implementing
37   and administering this Act."
38     9.  By renumbering as necessary.
Meyer of Sac offered the following amendment H-9108, to the
committee amendment H-8882, filed by him and moved its adoption:

H-9108

 1     Amend the amendment, H-8882, to Senate File 2332,
 2   as amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  Page 1, by striking lines 3 through 37 and
 5   inserting the following:
 6     "   .  Page 1, line 12, by striking the words "in
 7   the United States".
 8        .  Page 1, line 18, by striking the words
 9   "review and appeals".
10        .  Page 2, by inserting after line 33 the
11   following:
12     "___.  "Regional organic association" means a
13   corporation organized under chapter 504 or 504A which
14   has certifying members, elects its own officers and
15   directors, and is independent from the department."
16        .  Page 3, line 12, by striking the words
17   "using, where possible," and inserting the following:
18   "using".
19        .  Page 3, line 17, by striking the words "or
20   processing" and inserting the following:  ", aids, or
21   ingredients that are used during processing,
22   packaging, or storing agricultural products".
23        .  Page 3, lines 23 and 24, by striking the
24   words "REVIEW AND APPEALS".
25        .  Page 3, by striking line 25 and inserting
26   the following:
27     "1.  An organic standards board is".
28        .  Page 3, by striking line 28 and inserting
29   the following:  "appointed by the governor and
30   secretary, as provided in this section.  The governor
31   and secretary shall accept".
32        .  Page 3, line 30, by striking the word
33   "secretary" and inserting the following:  "governor
34   and secretary making appointments under this section".
35        . Page 3, line 33, by striking the words
36   "secretary shall" and inserting the following:
37   "governor and secretary shall cooperate to".
38        .  Page 3, line 35, by striking the words "by
39   the secretary" and inserting the following:  "under
40   this section".
41        .  Page 4, by striking lines 2 and 3 and
42   inserting the following:  "and retailing of organic
43   agricultural products.  The members of the board shall
44   be appointed as follows:"
45        .  Page 4, by striking lines 5 through 8 and
46   inserting the following:  "agricultural products.  The
47   governor shall appoint three of the persons, at least
48   one of which shall be a producer of livestock, who may
49   be a dairy or egg producer.  The secretary shall
50   appoint two of the persons, at least one of which

Page 2  

 1   shall be a producer of an agricultural commodity other
 2   than livestock.  To qualify for appointment, a".
 3        .  Page 4, line 13, by inserting after the word
 4   "products." the following:  "One person shall be
 5   appointed by the governor and one person shall be
 6   appointed by the secretary."
 7        .  Page 4, by striking line 17 and inserting
 8   the following:
 9     "c.  One person appointed by the secretary, who
10   shall be either of the following:"
11        .  Page 4, line 30, by inserting after the word
12   "science." the following:  "One person shall be
13   appointed by the governor and one person shall be
14   appointed by the secretary."
15        .  Page 4, line 34, by inserting after the word
16   "person" the following:  "appointed by the governor,".
17        .  Page 5, by striking lines 9 and 10 and
18   inserting the following:  "term.  A member is eligible
19   for reappointment.  The governor may remove a member
20   appointed by the governor and the secretary may remove
21   a member appointed by the secretary, if the removal is
22   based on the member's misfeasance,".
23        .  Page 6, line 5, by striking the words
24   "review and appeals".
25        .  Page 6, by inserting after line 9 the
26   following:
27     "___.  Establish a schedule of state fees as
28   provided in section 190C.5."
29        .  Page 6, by striking lines 20 through 29 and
30   inserting the following:
31     "___.  Approve or disapprove applications for
32   certification, after reviewing applications,
33   inspection reports, and other materials submitted by
34   applicants.  The board may suspend a decision to
35   approve or disapprove an application until an
36   application is complete or additional materials
37   relating to the application are provided to the board.
38     ___.  Establish procedures pursuant to rules
39   adopted by the department governing appeals of
40   decisions made by the department or board under this
41   chapter, including final agency action under chapter
42   17A."
43        .  Page 6, line 31, by striking the word
44   "department" and inserting the following:
45   "department, upon approval by the board,".
46        .  Page 7, line 3, by inserting before the word
47   "fees" the following:  "state".
48        .  Page 7, by striking lines 12 through 14 and
49   inserting the following:  "shall serve as a certifying
50   agent under 21 U.S.C. "/g" 2115.  The secretary or the

Page 3

 1   secretary's agent may serve as an inspector in order
 2   to conduct investigations at times and places and to
 3   such an extent as the secretary and the board deems
 4   necessary to determine whether a person is in".
 5        .  Page 7, by striking lines 20 through 28 and
 6   inserting the following:
 7     "Sec. ___.  NEW SECTION.  190C.5  STATE FEES -
 8   DEPOSIT INTO THE GENERAL FUND OF THE STATE.
 9     1.  The board shall establish a schedule of state
10   fees under this chapter by rule adopted by the
11   department, for persons required to be certified as
12   producers, handlers, and processors of agricultural
13   products labeled, sold, or advertised as organic as
14   provided in section 190C.13.
15     2.  Beginning on July 1, 2000, the board shall
16   establish the rate of fees based on an estimate of the
17   amount of revenues from the fees required by the
18   department to administer and enforce this chapter.
19   The department shall annually review the estimate and
20   recommend a change in the rate of fees to the board if
21   the fees must be adjusted in order to comply with this
22   subsection.  The board may approve an adjustment in
23   the fees by rule adopted by the department at any time
24   in order to comply with this subsection."
25        .  Page 7, line 29, by striking the words "The
26   fees" and inserting the following:  "The department
27   shall collect state fees under this chapter as
28   provided by the board, which".
29        .  Page 7, by inserting after line 30 the
30   following:
31     "Sec. ___.  NEW SECTION.  190C.5A  REGIONAL ORGANIC
32   ASSOCIATIONS.
33     The department, upon approval by the board, may
34   authorize a regional organic association to assist the
35   board in certifying producers, handlers, and
36   processors of agricultural products under section
37   190C.13.  The regional organic association must be
38   registered with the department.  The registered
39   regional organic association, upon approval of the
40   board, may administer the provisions of section
41   190C.13 by doing all of the following:
42     1.  Reviewing applications and providing applicants
43   with technical assistance in completing applications.
44   The department may authorize a regional organic
45   association to process applications, including
46   collecting and forwarding applications to the
47   department.
48     2.  Preparing a summary of an application,
49   including materials accompanying the application, for
50   review by the department and the organic standards

Page 4

 1   board.  A regional organic association may include a
 2   recommendation for approval, modification, or
 3   disapproval of an application."
 4        .  Page 8, line 9, by striking the words
 5   "product, other than livestock," and inserting the
 6   following:  "product".
 7        .  Page 8, line 19, by inserting after the word
 8   "organic" the following:  "A person shall not be
 9   certified unless the certification is approved by the
10   organic standards board".
11        .  Page 8, line 34, by inserting after the word
12   "rules" the following:  "upon approval by the board".
13        .  By striking page 8, line 35, through page 9,
14   line 2, and inserting the following:  "certification
15   procedure."
16        .  Page 11, line 8, by striking the word
17   "department" and inserting the following:  "board".
18        .  Page 11, line 9, by striking the words "or
19   registered".
20        .  Page 11, line 16, by striking the word
21   "department" and inserting the following:  "board".
22        .  Page 12, by striking lines 1 through 3 and
23   inserting the following:  "sale order are satisfied.
24   The board must approve a delay in issuing a release
25   order within three months after requiring that the
26   agricultural product be held.  If the person is found
27   to have violated this chapter, the person shall pay
28   all expenses incurred by the department in connection
29   with the agricultural product's removal."
30        .  Page 12, by striking lines 20 through 22 and
31   inserting the following:  "continues constitutes a
32   separate offense.  Civil".
33        .  Page 12, line 29, by striking the words
34   "review and appeals".
35        .  Page 12, line 32, by inserting before the
36   word "secretary" the following:  "governor and".
37        .  Page 12, line 33, by striking the words
38   "review and appeals".
39        .  Page 12, line 34, by inserting before the
40   word "secretary" the following:  "governor and".
41        .  Page 12, line 35, by inserting before the
42   word "secretary" the following:  "governor and".
43        .  Page 13, line 2, by inserting before the
44   word "secretary" the following:  "governor and".
45        .  Page 13, by inserting after line 3 the
46   following:
47     "Sec. ___.  STAFF QUALIFICATIONS.  The department
48   shall adopt rules regarding the qualifications of
49   departmental personnel responsible for implementing
50   and administering this Act.""

Page 5

 1     2.  By renumbering as necessary.
Amendment H-9108 was adopted.
Meyer of Sac moved the adoption of the committee amendment
H-8882, as amended.
The committee amendment H-8882, as amended, was adopted.
Meyer of Sac moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 2332)

The ayes were, 89:

Arnold 	Bell 	Bernau 	Boddicker 
Boggess 	Bradley 	Brand	Brauns 
Bukta 	Burnett 	Carroll 	Cataldo 
Chapman 	Churchill 	Cohoon 	Connors 
Corbett, Spkr. 	Cormack 	Dinkla 	Doderer 
Dolecheck 	Dotzler 	Drake 	Drees 
Eddie 	Falck 	Fallon 	Foege
Frevert 	Garman 	Gipp 	Greiner
Gries 	Grundberg 	Hahn 	Heaton
Holmes 	Holveck 	Houser 	Huseman 
Huser 	Jacobs 	Jenkins 	Jochum 
Kinzer 	Klemme 	Koenigs 	Kreiman 
Kremer 	Lamberti 	Larkin 	Larson 
Lord 	Martin 	Mascher 	May 
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 	Van Fossen 
Veenstra 	Warnstadt 	Weidman 	Weigel 
Welter 	Whitead 	Wise 	Witt 
Van Maanen,
  Presiding

The nays were, 9:

Barry 	Brunkhorst 	Chiodo 	Dix 
Greig 	Hansen 	Mertz 	Tyrrell 
Vande Hoef 

Absent or not voting, 2:

Blodgett 	Ford

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
SENATE AMENDMENT CONSIDERED
Drake of Pottawattamie called up for consideration House File
2542, a bill for an act regulating bulk dry animal nutrient
products, providing for fees and an appropriation, providing
penalties, and providing for an effective date, amended by the
Senate, and moved that the House concur in the following Senate
amendment H-9134:

H-9134

 1     Amend House File 2542, as passed by the House, as
 2   follows:
 3     1.  Page 10, by striking lines 8 through 13 and
 4   inserting the following:  "deposited in the general
 5   fund of the state.  However, the department may
 6   allocate moneys to the Iowa".
The motion prevailed and the House concurred in the Senate
amendment H-9134.
Drake of Pottawattamie moved that the bill, as amended by the
Senate and concurred in by the House, be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2542)
The ayes were, 97:

Arnold 	Bell 	Bernau 	Boddicker 
Boggess 	Bradley 	Brand	Brauns 
Brunkhorst 	Bukta 	Burnett 	Carroll 
Cataldo	Chapman 	Chiodo 	Churchill 
Cohoon 	Connors 	Corbett, Spkr. 	Cormack 
Dinkla 	Dix 	Doderer 	Dolecheck 
Dotzler 	Drake 	Drees 	Eddie 
Falck 	Fallon 	Foege 	Frevert 
Garman 	Greiner	Gipp 	Greig 
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, 3:

Barry 	Blodgett 	Ford

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Gipp of Winneshiek asked and received unanimous consent that the
following bills be immediately messaged to the Senate:  Senate
File 2332 and House File 2542.
Unfinished Business Calendar
Senate File 2374, a bill for an act providing for the regulation
of bail enforcement businesses and their agents, limiting their
actions, establishing fees, eliminating temporary county-issued
identification for private security agents and investigators,
and providing penalties, with report of committee recommending
passage, was taken up for consideration.
Boddicker of Cedar offered the following amendment H-8802 filed
by him and moved its adoption:

H-8802

 1     Amend Senate File 2374, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, line 10, by striking the word "surety"
 4   and inserting the following:   "bail".
 5     2.  Page 1, line 20, by striking the word "surety"
 6   and inserting the following:   "bail".
 7     3.  Page 2, line 2, by striking the word "surety".
 8     4.  Page 2, line 11, by striking the word "surety"
 9   and inserting the following:   "bail".
10     5.  Page 2, line 24, by striking the word "surety"
11   and inserting the following:   "bail".
12     6.  Page 7, line 27, by striking the words "surety
13   bond" and inserting the following:  "bail bond".
14     7.  Page 7, line 27, by striking the words "on a
15   bond" and inserting the following:  "on a bail bond".
16     8.  Page 8, line 2, by inserting before the word
17   "bond" the following:  "bail".
Amendment H-8802 was adopted.

Boddicker of Cedar asked and received unanimous consent to
withdraw amendment H-8558 filed by him on March 23, 1998,
placing amendments H-8617 filed by Boddicker of Cedar and H-8640
filed by Bernau of Story on March 24, 1998 out of order.
Bernau of Story asked and received unanimous consent to withdraw
amendment H-8819 filed by him on March 31, 1998.
Boddicker of Cedar moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 2374)

The ayes were, 98:

Arnold	Barry 	Bell 	Bernau 
Boddicker 	Boggess 	Brand 	Brauns
Brunkhorst	Bukta 	Burnett 	Carroll 
Cataldo 	Chapman 	Chiodo 	Churchill 
Cohoon	Connors 	Corbett, Spkr. 	Cormack 
Dinkla 	Dix 	Doderer 	Dolecheck 
Dotzler 	Drake 	Drees 	Eddie 
Falck 	Fallon 	Foege 	Ford
Frevert 	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, 2:

Blodgett 	Bradley

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
Senate File 2374 be immediately messaged to the Senate.
SENATE AMENDMENT CONSIDERED
Klemme of Plymouth called up for consideration Senate File 2052,
a bill for an act relating to programs involving government
finance, by providing for the issuance of private activity bonds
to administer programs by governmental entities, including the
Iowa agricultural development authority and political
subdivisions, and providing program assistance to beginning
farmers, amended by the House, further amended by the Senate and
moved that the House concur in the following Senate amendment
H-9117:

H-9117

 1     Amend the House amendment, S-5474, to Senate File
 2   2052, as amended, passed, and reprinted by the Senate,
 3   as follows:
 4     1.  By striking page 1, line 7, through page 2,
 5   line 41, and inserting the following:
 6     "7C.4A  ALLOCATION OF STATE CEILING.
 7     For each calendar year, the state ceiling shall be
 8   allocated among bonds issued for various purposes as
 9   follows:
10     1.  Thirty percent of the state ceiling shall be
11   allocated solely to the Iowa finance authority for the
12   following purposes:
13     a.  Issuing qualified mortgage bonds.
14     b.  Reallocating the amount, or any portion
15   thereof, to another qualified political subdivision
16   for the purpose of issuing qualified mortgage bonds;
17   or
18     c.  Exchanging the allocation, or any portion
19   thereof, for the authority to issue mortgage credit
20   certificates by election under section 25(c) of the
21   Internal Revenue Code.
22     However, at any time during the calendar year the
23   executive director of the Iowa finance authority may
24   determine that a lesser amount need be allocated to
25   the Iowa finance authority and on that date this
26   lesser amount shall be the amount allocated to the
27   authority and the excess shall be allocated under
28   subsection 6 7.
29     2.  Twelve percent of the state ceiling shall be
30   allocated to bonds issued to carry out programs
31   established under chapters 260C, 260E, and 260F.
32   However, at any time during the calendar year the
33   director of the Iowa department of economic
34   development may determine that a lesser amount need be
35   allocated and on that date this lesser amount shall be
36   the amount allocated for those programs and the excess
37   shall be allocated under subsection 6 7.
38     3.  Sixteen percent of the state ceiling shall be
39   allocated to qualified student loan bonds.  However,
40   at any time during the calendar year the governor's
41   designee, with the approval of the Iowa student loan
42   liquidity corporation, may determine that a lesser
43   amount need be allocated to qualified student loan
44   bonds and on that date the lesser amount shall be the
45   amount allocated for those bonds and the excess shall
46   be allocated under subsection 6 7.
47     4.  Sixteen Twenty-one percent of the state
ceiling
48   shall be allocated to qualified small issue bonds
49   issued for first-time farmers.  However, at any time
50   during the calendar year the governor's designee, with

Page 2  

 1   the approval of the Iowa agricultural development
 2   authority, may determine that a lesser amount need be
 3   allocated to qualified small issue bonds for first-
 4   time farmers and on that date this lesser amount shall
 5   be the amount allocated for those bonds and the excess
 6   shall be allocated under subsection 6 7.
 7     5.  Eighteen percent of the state ceiling shall be
 8   allocated to bonds issued by political subdivisions to
 9   finance a qualified industry or industries for the
10   manufacturing, processing, or assembly of agricultural
11   or manufactured products even though the processed
12   products may require further treatment before delivery
13   to the ultimate consumer.
14     5 6.  During the period of January 1 through
15   October 25 June 30, five three percent of
the state
16   ceiling shall be reserved for private activity bonds
17   issued by political subdivisions, the proceeds of
18   which are used by the issuing political subdivisions.
19     6 7.  a.  The amount of the state ceiling which
is
20   not otherwise allocated under subsections 1 through
4
21   5, and after October 25 June 30, the amount of
the
22   state ceiling reserved under subsection 5 6 and not
23   allocated, shall be allocated to all bonds requiring
24   an allocation under section 146 of the Internal
25   Revenue Code without priority for any type of bond
26   over another, except as otherwise provided in sections
27   7C.5 and 7C.11.
28     b.  The population of the state shall be determined
29   in accordance with the Internal Revenue Code."
30     2.  Page 2, lines 45 and 46, by striking the words
31   and figures "subsections subsection 1 through
4" and
32   inserting the following:  "subsections 1 through 4
5".
33     3.  Page 3, line 7, by striking the figure "2" and
34   inserting the following:  "6".
35     4.  Page 3, line 11, by striking the figure "3"
36   and inserting the following:  "7".
37     5.  Page 3, lines 17 and 18, by striking the words
38   and figures "subsections subsection 1 through
4" and
39   inserting the following:  "subsections 1 through 4
5".
The motion prevailed and the House concurred in the Senate
amendment H-9117.
Klemme of Plymouth 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. 2052)

The ayes were, 96:

Arnold 	Barry 	Bell 	Bernau 
Boddicker	Boggess 	Bradley 	Brand 
Brauns	Brunkhorst 	Bukta 	Burnett 
Carroll 	Cataldo 	Chapman 	Chiodo 
Cohoon	Churchill 	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	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 	Veenstra 
Warnstadt 	Weidman 	Weigel 	Welter 
Whitead 	Wise	Witt 	Van Maanen,
			  Presiding

The nays were, none.

Absent or not voting, 4:

Blodgett 	Larson 	Martin 	Vande Hoef 

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Unfinished Business Calendar
Senate File 2398, a bill for an act relating to the confinement
and treatment of sex offenders, with report of committee
recommending amendment and passage, was taken up for
consideration.
Lamberti of Polk offered amendment H-8542 filed by the committee
on judiciary as follows:

H-8542

 1     Amend Senate File 2398, 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.  NEW SECTION.  229A.1  LEGISLATIVE
 6   FINDINGS.
 7     The general assembly finds that a small but
 8   extremely dangerous group of sexually violent
 9   predators exists which is made up of persons who do
10   not have a mental disease or defect that renders them
11   appropriate for involuntary treatment pursuant to the
12   treatment provisions for mentally ill persons under
13   chapter 229, since that chapter is intended to provide
14   short-term treatment to persons with serious mental
15   disorders and then return them to the community.  In
16   contrast to persons appropriate for civil commitment
17   under chapter 229, sexually violent predators
18   generally have antisocial personality features that
19   are unamenable to existing mental illness treatment
20   modalities and that render them likely to engage in
21   sexually violent behavior.  The general assembly finds
22   that sexually violent predators' likelihood of
23   engaging in repeat acts of predatory sexual violence
24   is high and that the existing involuntary commitment
25   procedure under chapter 229 is inadequate to address
26   the risk these sexually violent predators pose to
27   society.
28     The general assembly further finds that the
29   prognosis for rehabilitating sexually violent
30   predators in a prison setting is poor, because the
31   treatment needs of this population are very long-term,
32   and the treatment modalities for this population are
33   very different from the traditional treatment
34   modalities available in a prison setting or for
35   persons appropriate for commitment under chapter 229.
36   Therefore, the general assembly finds that a civil
37   commitment procedure for the long-term care and
38   treatment of the sexually violent predator is
39   necessary.
40     Sec. ___.  NEW SECTION.  229A.2  DEFINITIONS.
41     As used in this chapter:
42     1.  "Agency with jurisdiction" means an agency
43   which releases a person serving a sentence or term of
44   confinement based upon a lawful order or authority,
45   and includes but is not limited to the department of
46   corrections, the department of human services, a
47   judicial district department of correctional services,
48   and the Iowa board of parole.
49     2.  "Mental abnormality" means a congenital or
50   acquired condition affecting the emotional or

Page 2  

 1   volitional capacity of a person and predisposing that
 2   person to commit sexually violent offenses to a degree
 3   which would constitute a menace to the health and
 4   safety of others.
 5     3.  "Predatory" means acts directed toward a person
 6   with whom a relationship has been established or
 7   promoted for the primary purpose of victimization.
 8     4.  "Sexually motivated" means that one of the
 9   purposes for commission of a crime is the purpose of
10   sexual gratification of the perpetrator of the crime.
11     5.  "Sexually violent offense" means:
12     a.  A violation of any provision of chapter 709.
13     b.  A violation of any of the following if the
14   offense involves sexual abuse, attempted sexual abuse,
15   or intent to commit sexual abuse:
16     (1)  Murder as defined in section 707.1.
17     (2)  Kidnapping as defined in section 710.1.
18     (3)  Burglary as defined in section 713.1.
19     (4)  Child endangerment under section 726.6,
20   subsection 1, paragraph "e".
21     c.  Sexual exploitation of a minor in violation of
22   section 728.12, subsection 1.
23     d.  Pandering involving a minor in violation of
24   section 725.3, subsection 2.
25     e.  An offense involving an attempt or conspiracy
26   to commit any offense referred to in this subsection.
27     f.  An offense under prior law of this state or an
28   offense committed in another jurisdiction which would
29   constitute an equivalent offense under paragraphs "a"
30   through "e".
31     g.  Any act which, either at the time of sentencing
32   for the offense or subsequently during civil
33   commitment proceedings pursuant to this chapter, has
34   been determined beyond a reasonable doubt to have been
35   sexually motivated.
36     6.  "Sexually violent predator" means a person who
37   has been convicted of or charged with a sexually
38   violent offense and who suffers from a mental
39   abnormality which makes the person likely to engage in
40   predatory acts constituting sexually violent offenses,
41   if not confined in a secure facility.
42     Sec. ___.  NEW SECTION.  229A.3  NOTICE OF
43   DISCHARGE OF SEXUALLY VIOLENT PREDATOR - IMMUNITY
44   FROM LIABILITY - MULTIDISCIPLINARY TEAM -
45   PROSECUTOR'S REVIEW COMMITTEE - ASSESSMENT OF PERSON.
46     1.  When it appears that a person may meet the
47   definition of a sexually violent predator, the agency
48   with jurisdiction shall give written notice to the
49   attorney general and the multidisciplinary team
50   established in subsection 4, no later than ninety days

Page 3

 1   prior to any of the following events:
 2     a.  The anticipated discharge of a person who has
 3   been convicted of a sexually violent offense from
 4   total confinement, except that in the case of a person
 5   who is returned to prison for no more than ninety days
 6   as a result of revocation of parole, written notice
 7   shall be given as soon as practicable following the
 8   person's readmission to prison.
 9     b.  The discharge of a person who has been charged
10   with a sexually violent offense and who has been
11   determined to be incompetent to stand trial pursuant
12   to chapter 812.
13     c.  The discharge of a person who has been found
14   not guilty by reason of insanity of a sexually violent
15   offense.
16     d.  The discharge of a person who has been found
17   not guilty of a sexually violent offense referred to
18   under section 229A.2, subsection 5, paragraph "b", or
19   of an attempt or conspiracy to commit an offense under
20   that paragraph, where the court or jury who found the
21   person not guilty answers the special allegation in
22   section 229A.14 in the affirmative.
23     2.  If notice is required under subsection 1, the
24   agency with jurisdiction shall inform the attorney
25   general and the multidisciplinary team established in
26   subsection 4, of both of the following:
27     a.  The person's name, identifying factors,
28   anticipated future residence, and offense history.
29     b.  Documentation of any institutional evaluation
30   and any treatment received.
31     3.  The agency with jurisdiction, its employees,
32   officials, members of the multidisciplinary team
33   established in subsection 4, members of the
34   prosecutor's review committee appointed as provided in
35   subsection 5, and individuals contracting, appointed,
36   or volunteering to perform services under this section
37   shall be immune from liability for any good-faith
38   conduct under this section.
39     4.  The director of the department of corrections
40   shall establish a multidisciplinary team which may
41   include individuals from other state agencies to
42   review available records of each person referred to
43   such team pursuant to subsection 1.  The team, within
44   thirty days of receiving notice, shall assess whether
45   or not the person meets the definition of a sexually
46   violent predator.  The team shall notify the attorney
47   general of its assessment.
48     5.  The attorney general shall appoint a
49   prosecutor's review committee to review the records of
50   each person referred to the attorney general pursuant

Page 4

 1   to subsection 1.  The prosecutor's review committee
 2   shall assist the attorney general in the determination
 3   of whether or not the person meets the definition of a
 4   sexually violent predator.  The assessment of the
 5   multidisciplinary team shall be made available to the
 6   attorney general and the prosecutor's review
 7   committee.
 8     Sec. ___.  NEW SECTION.  229A.4  PETITION, TIME,
 9   CONTENTS.
10     If it appears that a person presently confined may
11   be a sexually violent predator and the prosecutor's
12   review committee has determined that the person meets
13   the definition of a sexually violent predator, the
14   attorney general may file a petition, within seventy-
15   five days of the date the attorney general received
16   the written notice by the agency of jurisdiction
17   pursuant to section 229A.3, alleging that the person
18   is a sexually violent predator and stating sufficient
19   facts to support such an allegation.
20     Sec. ___.  NEW SECTION.  229A.5  PERSON TAKEN INTO
21   CUSTODY, DETERMINATION OF PROBABLE CAUSE, HEARING,
22   EVALUATION.
23     1.  Upon filing of a petition under section 229A.4,
24   the court shall make a preliminary determination as to
25   whether probable cause exists to believe that the
26   person named in the petition is a sexually violent
27   predator.  Upon a preliminary finding of probable
28   cause, the court shall direct that the person named in
29   the petition be taken into custody and that the person
30   be served with a copy of the petition and any
31   supporting documentation and notice of the procedures
32   required by this chapter.
33     2.  Within seventy-two hours after being taken into
34   custody, a hearing shall be held to determine whether
35   probable cause exists to believe the detained person
36   is a sexually violent predator.  At the probable cause
37   hearing, the detained person shall have the following
38   rights:
39     a.  To be provided with prior notice of date, time,
40   and location of the probable cause hearing.
41     b.  To respond to the preliminary finding of
42   probable cause.
43     c.  To appear in person at the hearing.
44     d.  To be represented by counsel.
45     e.  To present evidence on the respondent's own
46   behalf.
47     f.  To cross-examine witnesses who testify against
48   the respondent.
49     g.  To view and copy all petitions and reports in
50   the possession of the court.

Page 5

 1     3.  At the hearing, the state may rely upon the
 2   petition filed under subsection 1 but may also
 3   supplement the petition with additional documentary
 4   evidence or live testimony.
 5     4.  At the conclusion of the hearing, the court
 6   shall enter an order which does both of the following:
 7     a.  Verifies the respondent's identity.
 8     b.  Determines whether probable cause exists to
 9   believe that the respondent is a sexually violent
10   predator.
11     5.  If the court determines that probable cause
12   does exist, the court shall direct that the respondent
13   be transferred to an appropriate secure facility,
14   including, but not limited to, a county jail, for an
15   evaluation as to whether the respondent is a sexually
16   violent predator.  The evaluation shall be conducted
17   by a person deemed to be professionally qualified to
18   conduct such an examination.
19     Sec. ___.  NEW SECTION.  229A.6  COUNSEL AND
20   EXPERTS, INDIGENT PERSONS.
21     1.  A respondent to a petition alleging the person
22   to be a sexually violent predator shall be entitled to
23   the assistance of counsel upon the filing of the
24   petition under section 299A.4 and, if the respondent
25   is indigent, the court shall appoint counsel to assist
26   the respondent.
27     2.  If a respondent is subjected to an examination
28   under this chapter, the respondent may retain experts
29   or professional persons to perform an independent
30   examination on the respondent's behalf.  If the
31   respondent wishes to be examined by a qualified expert
32   or professional person of the respondent's own choice,
33   the examiner of the respondent's choice shall be given
34   reasonable access to the respondent for the purpose of
35   the examination, as well as access to all relevant
36   medical and psychological records and reports.  If the
37   respondent is indigent, the court, upon the
38   respondent's request, shall determine whether the
39   services are necessary and the reasonable compensation
40   for the services.  If the court determines that the
41   services are necessary and the requested compensation
42   for the services is reasonable, the court shall assist
43   the respondent in obtaining an expert or professional
44   person to perform an examination or participate in the
45   trial on the respondent's behalf.  The court shall
46   approve payment for such services upon the filing of a
47   certified claim for compensation supported by a
48   written statement specifying the time expended,
49   services rendered, expenses incurred on behalf of the
50   respondent, and compensation received in the same case

Page 6

 1   or for the same services from any other source.
 2     Sec. ___.  NEW SECTION.  229A.7  TRIAL,
 3   DETERMINATION, COMMITMENT PROCEDURE, INTERAGENCY
 4   AGREEMENTS, MISTRIALS.
 5     1.  Within sixty days after the completion of any
 6   hearing held pursuant to section 229A.5, the court
 7   shall conduct a trial to determine whether the
 8   respondent is a sexually violent predator.  The trial
 9   may be continued upon the request of either party and
10   a showing of good cause, or by the court on its own
11   motion in the due administration of justice, and when
12   the respondent will not be substantially prejudiced.
13   The respondent, the attorney general, or the judge
14   shall have the right to demand that the trial be
15   before a jury.  Such demand for the trial to be before
16   a jury shall be filed, in writing, at least four days
17   prior to trial.  The number and selection of jurors
18   shall be determined as provided in chapter 607A.  If
19   no demand is made, the trial shall be before the
20   court.
21     2.  At trial, the court or jury shall determine
22   whether, beyond a reasonable doubt, the respondent is
23   a sexually violent predator.  If the determination
24   that the respondent is a sexually violent predator is
25   made by a jury, the determination shall be by
26   unanimous verdict of such jury.
27     If the court or jury determines that the respondent
28   is a sexually violent predator, the respondent shall
29   be committed to the custody of the director of the
30   department of human services for control, care, and
31   treatment until such time as the person's mental
32   abnormality has so changed that the person is safe to
33   be at large.  The determination may be appealed.
34     3.  The control, care, and treatment of a person
35   determined to be a sexually violent predator shall be
36   provided at a facility operated by the department of
37   human services.  At all times, persons committed for
38   control, care, and treatment by the department of
39   human services pursuant to this chapter shall be kept
40   in a secure facility and those patients shall be
41   segregated at all times from any other patient under
42   the supervision of the department of human services.
43   A person committed pursuant to this chapter to the
44   custody of the department of human services may be
45   kept in a facility or building separate from any other
46   patient under the supervision of the department of
47   human services.  The department of human services may
48   enter into an interagency agreement with the
49   department of corrections for the confinement of
50   patients who have been determined to be sexually

Page 7

 1   violent predators.  Patients who are in the
 2   confinement of the director of the department of
 3   corrections pursuant to an interagency agreement shall
 4   be housed and managed separately from criminal
 5   offenders in the custody of the director of the
 6   department of corrections, and except for occasional
 7   instances of supervised incidental contact, shall be
 8   segregated from those offenders.
 9     4.  If the court or jury is not satisfied beyond a
10   reasonable doubt that the respondent is a sexually
11   violent predator, the court shall direct the
12   respondent's release.  Upon a mistrial, the court
13   shall direct that the respondent be held at an
14   appropriate secure facility, including, but not
15   limited to, a county jail, until another trial is
16   conducted.  Any subsequent trial following a mistrial
17   shall be held within ninety days of the previous
18   trial, unless such subsequent trial is continued as
19   provided in subsection 1.
20     5.  If a person charged with a sexually violent
21   offense has been found incompetent to stand trial or
22   has been found not guilty of a sexually violent
23   offense by reason of insanity, and the person is about
24   to be discharged pursuant to section 812.5, if a
25   petition has been filed seeking the person's
26   commitment under this chapter, the court shall first
27   hear evidence and determine whether the person did
28   commit the act or acts charged.  At the hearing on
29   this issue, the rules of evidence applicable in
30   criminal cases shall apply, and all constitutional
31   rights available to defendants at criminal trials,
32   other than the right not to be tried while
33   incompetent, shall apply.  After hearing evidence on
34   this issue, the court shall make specific findings on
35   whether the person did commit the act or acts charged,
36   the extent to which the person's incompetence or
37   insanity affected the outcome of the hearing,
38   including its effect on the person's ability to
39   consult with and assist counsel and to testify on the
40   person's own behalf, the extent to which the evidence
41   could be reconstructed without the assistance of the
42   person, and the strength of the prosecution's case.
43   If after the conclusion of the hearing on this issue,
44   the court finds, beyond a reasonable doubt, that the
45   person did commit the act or acts charged, the court
46   shall enter a final order, appealable by the person,
47   on that issue, and may proceed to consider whether the
48   person should be committed pursuant to this chapter.
49     Sec. ___.  NEW SECTION.  229A.8  ANNUAL
50   EXAMINATIONS, DISCHARGE PETITIONS BY PERSONS

Page 8

 1   COMMITTED.
 2     1.  Each person committed under this chapter shall
 3   have a current examination of the person's mental
 4   abnormality made once every year.  The person may
 5   retain, or if the person is indigent and so requests,
 6   the court may appoint a qualified expert or
 7   professional person to examine such person, and such
 8   expert or professional person shall be given access to
 9   all records concerning the person.
10     2.  The annual report shall be provided to the
11   court that committed the person under this chapter.
12   The court shall conduct an annual review and probable
13   cause hearing on the status of the committed person.
14     3.  Nothing contained in this chapter shall
15   prohibit the person from otherwise petitioning the
16   court for discharge at the probable cause hearing.
17   The director of human services shall provide the
18   committed person with an annual written notice of the
19   person's right to petition the court for discharge
20   over the director's objection.  The notice shall
21   contain a waiver of rights.  The director shall
22   forward the notice and waiver form to the court with
23   the annual report.
24     4.  The committed person shall have a right to have
25   an attorney represent the person at the probable cause
26   hearing but the person is not entitled to be present
27   at the hearing.  If the court at the hearing
28   determines that probable cause exists to believe that
29   the person's mental abnormality has so changed that
30   the person is safe to be at large and will not engage
31   in predatory acts or sexually violent offenses if
32   discharged, then the court shall set a final hearing
33   on the issue.
34     5.  At the final hearing, the committed person
35   shall be entitled to be present and is entitled to the
36   benefit of all constitutional protections that were
37   afforded the person at the original commitment
38   proceeding.  The attorney general shall represent the
39   state and shall have a right to a jury trial and to
40   have the committed person evaluated by experts chosen
41   by the state.  The committed person shall also have
42   the right to have experts evaluate the person on the
43   person's behalf.  The court shall appoint an expert if
44   the person is indigent and requests an appointment.
45   The burden of proof at the hearing shall be upon the
46   state to prove beyond a reasonable doubt that the
47   committed person's mental abnormality or personality
48   disorder remains such that the person is not safe to
49   be at large and if discharged is likely to engage in
50   acts of sexual violence.

Page 9

 1     Sec. ___.  NEW SECTION.  229A.9  DETENTION AND
 2   COMMITMENT TO CONFORM TO CONSTITUTIONAL REQUIREMENTS.
 3     The involuntary detention or commitment of persons
 4   under this chapter shall conform to constitutional
 5   requirements for care and treatment.
 6     Sec. ___.  NEW SECTION.  229A.10  PETITION FOR
 7   DISCHARGE - PROCEDURE.
 8     If the director of human services determines that
 9   the person's mental abnormality has so changed that
10   the person is not likely to commit predatory acts or
11   sexually violent offenses if discharged, the director
12   shall authorize the person to petition the court for
13   discharge.  The petition shall be served upon the
14   court and the attorney general.  The court, upon
15   receipt of the petition for discharge, shall order a
16   hearing within thirty days.  The attorney general
17   shall represent the state, and shall have the right to
18   have the petitioner examined by an expert or
19   professional person of the attorney general's choice.
20   The hearing shall be before a jury if demanded by
21   either the petitioner or the attorney general.  The
22   burden of proof shall be upon the attorney general to
23   show beyond a reasonable doubt that the petitioner's
24   mental abnormality or personality disorder remains
25   such that the petitioner is not safe to be at large
26   and that if discharged is likely to commit predatory
27   acts or sexually violent offenses.
28     Sec. ___.  NEW SECTION.  229A.11  SUBSEQUENT
29   DISCHARGE PETITIONS, LIMITATIONS.
30     Nothing in this chapter shall prohibit a person
31   from filing a petition for discharge pursuant to this
32   chapter.  However, if a person has previously filed a
33   petition for discharge without the authorization of
34   the director of human services, and the court
35   determines either upon review of the petition or
36   following a hearing that the petition was frivolous or
37   that the petitioner's condition had not so changed
38   that the person was safe to be at large, then the
39   court shall summarily deny the subsequent petition
40   unless the petition contains facts upon which a court
41   could find the condition of the petitioner had so
42   changed that a hearing was warranted.  Upon receipt of
43   a first or subsequent petition from a committed person
44   without the director's authorization, the court shall
45   endeavor whenever possible to review the petition and
46   determine if the petition is based upon frivolous
47   grounds.  If the court determines that a petition is
48   frivolous, the court shall deny the petition without a
49   hearing.
50     Sec. ___.  NEW SECTION.  229A.12  DIRECTOR OF HUMAN

Page 10

 1   SERVICES - RESPONSIBILITY FOR COSTS - DUTIES -
 2   REIMBURSEMENT.
 3     The director of human services shall be responsible
 4   for all costs relating to the evaluation and treatment
 5   of persons committed to the director's custody under
 6   any provision of this chapter.  Reimbursement may be
 7   obtained by the director from the patient and any
 8   person legally liable or bound by contract for the
 9   support of the patient for the cost of care and
10   treatment provided.
11     Sec. ___.  NEW SECTION.  229A.13  NOTICE TO VICTIMS
12   OF DISCHARGE OF PERSONS COMMITTED.
13     In addition to any other information required to be
14   released under this chapter, prior to the discharge of
15   a person committed under this chapter, the director of
16   human services shall give written notice of the
17   person's discharge to any living victim of the
18   person's activities or crime whose address is known to
19   the director or, if the victim is deceased, to the
20   victim's family, if the family's address is known.
21   Failure to notify shall not be a reason for
22   postponement of discharge.  Nothing in this section
23   shall create a cause of action against the state or an
24   employee of the state acting within the scope of the
25   employee's employment as a result of the failure to
26   notify pursuant to this action.
27     Sec. ___.  NEW SECTION.  229A.14  SPECIAL
28   ALLEGATION OF SEXUAL MOTIVATION - PROCEDURE -
29   WITHDRAWAL OR DISMISSAL.
30     1.  Except as otherwise provided in subsection 4,
31   the county attorney shall file a special allegation of
32   sexual motivation within ten days after arraignment,
33   when sufficient admissible evidence exists, which,
34   when considered with the most plausible, reasonably
35   foreseeable defense that could be raised under the
36   evidence, would justify a finding of sexual motivation
37   by a reasonable and objective fact finder.
38     2.  In a criminal case in which a special
39   allegation of sexual motivation has been filed, the
40   state shall prove beyond a reasonable doubt that the
41   crime was sexually motivated.  The court shall make a
42   finding of fact of whether or not a sexual motivation
43   was present at the time of the commission of the
44   crime, or if a jury trial is had, the jury shall
45   return a special verdict as to whether or not the
46   crime was sexually motivated.
47     3.  The county attorney shall not withdraw the
48   special allegation of sexual motivation without
49   approval of the court through an order of dismissal of
50   the special allegation.  The court shall not dismiss

Page 11

 1   the special allegation unless it finds that such an
 2   order is necessary to correct an error in the initial
 3   charging decision or unless evidentiary problems exist
 4   which make proving the special allegation doubtful.
 5     4.  This section shall not apply to criminal cases
 6   alleging a violation of chapter 709 or a case in which
 7   the commission of a sex act is an element of the
 8   offense charged.
 9     Sec. ___.  NEW SECTION.  229A.15  SEVERABILITY.
10     If any provision of this chapter or the application
11   thereof to any person or circumstances is held
12   invalid, the invalidity shall not affect other
13   provisions or applications of the chapter which can be
14   given effect without the invalid provisions or
15   application and, to this end, the provisions of this
16   chapter are severable.
17     Sec. ___.  NEW SECTION.  229A.16  RELEASE OF
18   CONFIDENTIAL OR PRIVILEGED INFORMATION AND RECORDS.
19     Notwithstanding anything in chapter 22 to the
20   contrary, relevant information and records which would
21   otherwise be confidential or privileged shall be
22   released to the agency with jurisdiction or the
23   attorney general for the purpose of meeting the notice
24   requirement provided in section 229A.3 and determining
25   whether a person is or continues to be a sexually
26   violent predator.
27     Sec. ___.  NEW SECTION.  229A.17  COURT RECORDS -
28   SEALED AND OPENED BY COURT ORDER.
29     Any psychological reports, drug and alcohol
30   reports, treatment records, reports of any diagnostic
31   center, medical records, or victim impact statements
32   which have been submitted to the court or admitted
33   into evidence under this chapter shall be part of the
34   record but shall be sealed and opened only on order of
35   the court.
36     Sec. ___.  NEW SECTION.  299A.18  SHORT TITLE.
37     This chapter shall be known and may be cited as the
38   "Sexually Violent Predator Act"."
39     2.  By renumbering as necessary.
Lamberti of Polk offered the following amendment H-9143, to the
committee amendment H-8542, filed by him and moved its adoption:

H-9143

 1     Amend the amendment, H-8542, to Senate File 2398,
 2   as amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  Page 1, line 43, by inserting after the word
 5   "which" the following:  "has custody of or".
 6     2.  Page 1, line 44, by inserting after the word
 7   "confinement" the following:  "or is otherwise in
 8   confinement".
 9     3.  Page 1, by inserting after line 48 the
10   following:
11     "___.  "Likely to engage in predatory acts of
12   sexual violence" means that the person more likely
13   than not will engage in acts of a sexually violent
14   nature.  If a person is not confined at the time that
15   a petition is filed, a person is "likely to engage in
16   predatory acts of sexual violence" only if the person
17   commits a recent overt act."
18     4.  Page 2, by inserting after line 7 the
19   following:
20     "___.  "Recent overt act" means any act that has
21   either caused harm of a sexually violent nature or
22   creates a reasonable apprehension of such harm."
23     5.  Page 2, line 46, by inserting after the word
24   "person" the following:  "who is confined".
25     6.  Page 3, by striking lines 16 through 22.
26     7.  Page 3, line 23, by striking the word
27   "required" and inserting the following:  "given".
28     8.  Page 4, line 10, by striking the word "If" and
29   inserting the following:  "1.  If".
30     9.  Page 4, by inserting after line 19 the
31   following:
32     "2.  A prosecuting attorney of the county in which
33   the person was convicted or charged, or the attorney
34   general if requested by the prosecuting attorney, may
35   file a petition alleging that a person is a sexually
36   violent predator and stating sufficient facts to
37   support such an allegation, if it appears that a
38   person who has committed a recent overt act meets any
39   of the following criteria:
40     a.  The person was convicted of a sexually violent
41   offense and has been discharged after the completion
42   of the sentence imposed for the offense.
43     b.  The person was charged with, but was acquitted
44   of, a sexually violent offense by reason of insanity
45   and has been released from confinement or any
46   supervision.
47     c.  The person was charged with, but was found to
48   be incompetent to stand trial for, a sexually violent
49   offense and has been released from confinement or any
50   supervision."

Page 2  

 1     10.  Page 4, line 32, by inserting after the word
 2   "chapter." the following:  "If the person is in
 3   custody at the time of the filing of the petition, the
 4   court shall determine whether a transfer of the person
 5   to an appropriate secure facility is appropriate
 6   pending the outcome of the proceedings or whether the
 7   custody order should be delayed until the date of
 8   release of the person."
 9     11.  Page 4, line 34, by inserting after the word
10   "custody" the following:  "or being transferred to an
11   appropriate secure facility".
12     12.  Page 5, line 26, by inserting after the word
13   "respondent" the following:  "at state expense".
14     13.  Page 6, line 3, by striking the word
15   "INTERAGENCY" and inserting the following:  "CHAPTER
16   28E".
17     14.  Page 6, by inserting after line 4, the
18   following:
19     "___.  If the person charged with a sexually
20   violent offense has been found incompetent to stand
21   trial and the person is about to be released pursuant
22   to section 812.5, or the person has been found not
23   guilty of a sexually violent offense by reason of
24   insanity, if a petition has been filed seeking the
25   person's commitment under this chapter, the court
26   shall first hear evidence and determine whether the
27   person did commit the act or acts charged.  At the
28   hearing on this issue, the rules of evidence
29   applicable in criminal cases shall apply, and all
30   constitutional rights available to defendants at
31   criminal trials, other than the right not to be tried
32   while incompetent, shall apply.  After hearing
33   evidence on this issue, the court shall make specific
34   findings on whether the person did commit the act or
35   acts charged, the extent to which the person's
36   incompetence or insanity affected the outcome of the
37   hearing, including its effect on the person's ability
38   to consult with and assist counsel and to testify on
39   the person's own behalf, the extent to which the
40   evidence could be reconstructed without the assistance
41   of the person, and the strength of the prosecution's
42   case.  If after the conclusion of the hearing on this
43   issue, the court finds, beyond a reasonable doubt,
44   that the person did commit the act or acts charged,
45   the court shall enter a final order, appealable by the
46   person, on that issue, and may proceed to consider
47   whether the person should be committed pursuant to
48   this chapter."
49     15.  Page 6, line 5, by striking the words
50   "completion of any" and inserting the following:

Page 3

 1   "completion of the probable cause".
 2     16.  Page 6, by striking lines 48 and 49 and
 3   inserting the following:  "enter into a chapter 28E
 4   agreement with the department of corrections or other
 5   appropriate agency in this state or another state for
 6   the confinement of".
 7     17.  Page 7, line 3, by striking the words "an
 8   interagency" and inserting the following:  "a chapter
 9   28E".
10     18.  Page 7, by striking lines 20 through 48.
11     19.  By striking page 10, line 27, through page
12   11, line 8.
13     20.  Page 11, by inserting after line 38 the
14   following:
15     "Sec. ___.  Section 815.11, Code 1997, is amended
16   to read as follows:
17     815.11  APPROPRIATIONS FOR INDIGENT DEFENSE.
18     Costs incurred under chapter 229A, section 232.141,
19   subsection 3, paragraph "c", sections 814.9, 814.10,
20   814.11, 815.4, 815.5, 815.6, 815.7, 815.10, or the
21   rules of criminal procedure on behalf of an indigent
22   shall be paid from funds appropriated by the general
23   assembly to the department of inspections and appeals
24   for those purposes."
25     21.  By renumbering, relettering, or redesignating
26   and correcting internal references as necessary.
Amendment H-9143 was adopted.
Jochum of Dubuque asked and received unanimous consent to
withdraw amendment H-8612, to the committee amendment H-8542,
filed by her on March 24, 1998.
Kreiman of Davis asked and received unanimous consent to
withdraw amendment H-9151, to the committee amendment H-8542,
filed by him from the floor.
Lamberti of Polk moved the adoption of the committee amendment
H-8542, as amended.
The committee amendment H-8542, as amended, was adopted.
Lamberti of Polk offered the following amendment H-9131 filed by
him and moved its adoption:

H-9131

 1     Amend Senate File 2398, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 2, line 15, by inserting after the word
 4   "release" the following:  ", unless, after an
 5   appropriate assessment, the court or board determines
 6   that the treatment would not be effective".
Amendment H-9131 was adopted.
Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendments H-9129 and H-9130 filed by him on April 13,
1998.

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. 2398)

The ayes were, 94:

Arnold 	Barry 	Bell 	Boddicker 
Boggess 	Bradley 	Brand 	Brauns 
Brunkhorst 	Bukta 	Burnett 	Carroll 
Cataldo 	Chapman 	Chiodo 	Churchill 
Cohoon 	Connors 	Corbett, Spkr. 	Cormack 
Dinkla 	Dix 	Doderer 	Dolecheck 
Dotzler 	Drake 	Drees 	Eddie 
Falck 	Foege 	Frevert 	Garman 
Gipp 	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 	Veenstra 	Warnstadt 	Weidman 
Weigel 	Welter 	Whitead 	Wise 
Witt 	Van Maanen,
	  Presiding

The nays were, 3:

Bernau 	Fallon 	Ford 

Absent or not voting, 3:

Blodgett 	Greig 	Vande Hoef 

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
SENATE AMENDMENTS CONSIDERED
Millage of Scott called up for consideration House File 667, a
bill for an act relating to the Iowa administrative procedure
Act and providing an effective and applicability date, amended
by the Senate amendment H-8997 as follows:

H-8997

 1     Amend House File 667, as amended, passed, and
 2   reprinted by the House, as follows:
 3	1.  Page 1, by striking lines 1 through 19.
 4	2.  Page 1, by striking lines 29 through 32 and
 5   inserting the following:
 6	"1.  Appeals and fair Administrative hearings
 7   division.
 8	2.  Audits division.
 9	3.  Investigations division.
10	4.  Inspections division."
11	3.  Page 2, line 2, by striking the word "office"
12   and inserting the following:  "division".
13	4.  Page 2, line 5, by striking the word "OFFICE"
14   and inserting the following:  "DIVISION".
15	5.  Page 2, by striking lines 7 through 12 and
16   inserting the following:
17	"1.  DEFINITIONS.  For purposes of this section,
18   unless the context otherwise requires:
19	a.  "Administrator" means the chief administrative
20   law judge who shall coordinate the administration of
21   the division.
22	b.  "Division" means the administrative hearings
23   division of the department of inspections and appeals.
24	2.  The administrator shall coordinate the
25   division's conduct of appeals and administrative
26   hearings as otherwise provided by law."
27	6.  Page 2, by striking line 13 and inserting the
28   following:
29	"3.  a.  The department shall employ a".
30	7.  Page 2, line 17, by striking the word "office"
31   and inserting the following:  "division".
32	8.  Page 2, line 18, by striking the word "office"
33   and inserting the following:  "division".
34	9.  Page 2, line 21, by striking the word
35   "entirely".
36	10.  Page 2, by striking lines 25 through 28 and
37   inserting the following:
38	"b.  The division shall facilitate, insofar as".
39	11.  Page 2, line 35, by striking the word
40   "office" and inserting the following:  "division".
41	12.  Page 3, by striking lines 2 through 7 and
42   inserting the following:  "contested cases only if the
43   administrative law judge possesses the technical
44   expertness specified by agency rule.  The division may
45   charge the applicable agency for the costs of any
46   training required by the division's administrative law
47   judges to acquire or maintain the technical expertise
48   specified by agency rule."
49	13.  Page 3, line 8, by striking the figure "3"
50   and inserting the following:  "4".

Page 2  

 1	14.  Page 3, line 8, by striking the word "office"
 2   and inserting the following:  "division".
 3	15.  Page 3, lines 9 and 10, by striking the words
 4   "chief administrative law judge" and inserting the
 5   following:  "administrator".
 6	16.  Page 3, line 15, by striking the word
 7   "office" and inserting the following:  "division".
 8	17.  Page 3, line 16, by striking the figure "4"
 9   and inserting the following:  "5".
10	18.  Page 3, line 16, by striking the word
11   "office" and inserting the following:  "division".
12	19.  Page 3, line 19, by striking the figure "5"
13   and inserting the following:  "6".
14	20.  Page 3, line 20, by striking the word
15   "office" and inserting the following:  "division".
16	21.  Page 3, line 23, by striking the figure "6"
17   and inserting the following:  "7".
18	22.  Page 3, line 23, by striking the word
19   "office" and inserting the following:  "division".
20	23.  Page 3, by striking lines 25 through 31.
21	24.  Page 3, line 32, by striking the letter "b"
22   and inserting the following:  "a".
23	25.  Page 3, line 33, by striking the words "chief
24   administrative law judge" and inserting the following:
25   "administrator".
26	26.  Page 3, line 34, by striking the word
27   "office" and inserting the following:  "division".
28	27.  Page 3, line 35, by striking the letter "c"
29   and inserting the following:  "b".
30	28.  Page 4, line 2, by striking the word "office"
31   and inserting the following:  "division".
32	29.  Page 4, line 12, by striking the letter "d"
33   and inserting the following:  "c".
34	30.  Page 4, lines 13 and 14, by striking the
35   words "by the office of" and inserting the following:
36   "for the".
37	31.  Page 4, line 14, by striking the word
38   "office" and inserting the following:  "division".
39	32.  Page 4, line 17, by striking the word
40   "office" and inserting the following:  "division".
41	33.  Page 4, line 22, by striking the words
42   "office shall" and inserting the following:  "division
43   shall".
44	34.  Page 4, line 22, by striking the words "the
45   office" and inserting the following:  "the division".
46	35.  Page 4, line 23, by striking the letter "e"
47   and inserting the following:  "d".
48	36.  Page 5, line 11, by striking the letter "f"
49   and inserting the following:  "e".
50	37.  Page 5, line 12, by striking the word

Page 3

 1   "office" and inserting the following:  "division".
 2	38.  Page 5, line 14, by striking the figure "7"
 3   and inserting the following:  "8".
 4	39.  Page 5, line 14, by striking the word
 5   "office" and inserting the following:  "division".
 6	40.  Page 5, line 17, by striking the word
 7   "office" and inserting the following:  "division".
 8	41.  Page 5, line 21, by striking the figure "8"
 9   and inserting the following:  "9".
10	42.  Page 5, line 21, by striking the word
11   "office" and inserting the following:  "division".
12	43.  Page 5, line 24, by striking the figure "9"
13   and inserting the following:  "10".
14	44.  Page 5, line 25, by striking the word
15   "office" and inserting the following:  "division".
16	45.  Page 11, by striking lines 25 through 31 and
17   inserting the following:
18     "2.  Any interested person, association, agency, or
19   political subdivision may submit a written request to
20   the administrative rules coordinator for an agency to
21   conduct a formal review of a specified rule of that
22   agency to determine whether the rule should be
23   repealed or amended or a new rule adopted instead.
24   The administrative rules coordinator shall determine
25   whether the request is reasonable and does not place
26   an unreasonable burden upon the agency."
27	46.  Page 11, by striking line 34 and inserting
28   the following:  "filing of the written request, and
29   upon a determination by the administrative rules
30   coordinator that the request is reasonable and does
31   not place an unreasonable burden upon the agency, the
32   agency".
33	47.  Page 15, line 20, by striking the words
34   "head, either the agency head" and inserting the
35   following:  ", either the agency".
36	48.  Page 15, line 21, by striking the words "the
37   agency head" and inserting the following:  "a
38   multimember agency".
39	49.  Page 15, line 22, by striking the word
40   "office" and inserting the following:  "division".
41	50.  Page 15, line 23, by inserting after the
42   figure "10A.801." the following:  "However, a party
43   may, within a time period specified by rule, request
44   that the presiding officer be an administrative law
45   judge assigned by the division of administrative
46   hearings.  Except as otherwise provided by statute,
47   the agency shall grant a request by a party for an
48   administrative law judge unless the agency finds, and
49   states reasons for the finding, that any of the
50   following conditions exist:

Page 4

 1	(1)  There is a compelling need to expedite
 2   issuance of a final decision in order to protect the
 3   public health, safety, or welfare.
 4	(2)  A qualified administrative law judge is
 5   unavailable to hear the case within a reasonable time.
 6	(3)  The case involves significant policy issues of
 7   first impression that are inextricably intertwined
 8   with the factual issues presented.
 9	(4)  The demeanor of the witnesses is likely to be
10   dispositive in resolving the disputed factual issues.
11	(5)  Funds are unavailable to pay the costs of an
12   administrative law judge and an intra-agency appeal.
13	(6)  The request was not timely filed.
14	(7)  There is other identified good cause, as
15   specified by rule, for denying the request."
16	51.  Page 15, line 28, by striking the words
17   "head, either the agency head" and inserting the
18   following:  ", either the agency".
19	52.  Page 15, line 29, by striking the words "the
20   agency head" and inserting the following:  "a
21   multimember agency".
22	53.  Page 15, line 30, by striking the word
23   "office" and inserting the following:  "division".
24	54.  Page 15, line 32, by striking the word
25   "head".
26	55.  Page 15, line 34, by striking the word
27   "head".
28	56.  Page 16, line 3, by striking the word
29   "office" and inserting the following:  "division".
30	57.  By striking page 16, line 33, through page
31   17, line 31, and inserting the following:
32	"3.  If a party fails to appear or participate in a
33   contested case proceeding, the presiding officer may,
34   if no adjournment is granted, proceed with the hearing
35   and make a decision in the absence of the party.  The
36   parties shall be duly notified of the decision,
37   together with the presiding officer's reasons for the
38   decision, which is the final decision of the agency,
39   unless within fifteen days after the date of
40   notification or mailing of the decision, further
41   appeal is initiated.  If a decision is rendered
42   against a party who failed to appear for the hearing
43   and the presiding officer is requested by that party
44   to vacate the decision for good cause within fifteen
45   days after the date of notification or mailing of the
46   decision, the time for initiating a further appeal is
47   stayed pending a determination by the presiding
48   officer to grant or deny the request.  If adequate
49   reasons are provided showing good cause for the
50   party's failure to appear, the presiding officer shall

Page 5

 1   vacate the decision and, after proper service of
 2   notice, conduct another evidentiary hearing.  If
 3   adequate reasons are not provided showing good cause
 4   for the party's failure to appear, the presiding
 5   officer shall not vacate the decision and the decision
 6   shall then become the final decision of the agency,
 7   unless within fifteen days after the date of
 8   notification or mailing of the determination not to
 9   vacate, further appeal is initiated."
10	58.  Page 17, by inserting before line 32 the
11   following:
12     "Sec. ___.  Section 17A.15, subsection 3, Code
13   1997, is amended to read as follows:
14	3.  When the presiding officer makes a proposed
15   decision, that decision then becomes the final
16   decision of the agency without further proceedings
17   unless there is an appeal to, or review on motion of,
18   the agency within the time provided by rule.  On
19   appeal from or review of the proposed decision, the
20   agency has all the power which it would have in
21   initially making the final decision except as it may
22   limit the issues on notice to the parties or by rule.
23   The agency may reverse or modify any finding of fact
24   or conclusion of law if a preponderance of the
25   evidence will support a determination to reverse or
26   modify such a finding or conclusion.  In cases where
27   there is an appeal from a proposed decision or where a
28   proposed decision is reviewed on motion of the agency,
29   an opportunity shall be afforded to each party to file
30   exceptions, present briefs and, with the consent of
31   the agency, present oral arguments to the agency
32   members who are to render the final decision."
33	59.  Page 18, by striking lines 6 through 8 and
34   inserting the following:  "why the relevant evidence
35   in the record supports each material finding of fact.
36   If, in accordance with agency".
37	60.  Page 26, by striking lines 18 through 21 and
38   inserting the following:  "and the agency's
39   explanation of why the relevant evidence in the record
40   supports its material findings of fact."
41	61.  Page 28, by inserting after line 11 the
42   following:
43     "Sec. ___.  Section 17A.23, Code 1997, is amended
44   by adding the following new unnumbered paragraph:
45     NEW UNNUMBERED PARAGRAPH.  An agency shall have
46   only that authority or discretion delegated to or
47   conferred upon the agency by law and shall not expand
48   or enlarge its authority or discretion beyond the
49   powers delegated to or conferred upon the agency."
50	62.  Page 28, line 34, by striking the word

Page 6

 1   "office" and inserting the following:  "division".
 2	63.  Page 32, line 14, by striking the word
 3   "office" and inserting the following:  "division".
 4	64.  By renumbering as necessary.
Millage of Scott offered the following amendment H-9136, to the
Senate amendment H-8997, filed by him and Chapman of Linn and
moved its adoption:
H-9136

 1     Amend the Senate amendment, H-8997, to House File
 2   667, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 4, line 33, by inserting after the word
 5   "proceeding" the following:  "after proper service of
 6   notice".
 7     2.  Page 4, line 34, by inserting after the word
 8   "granted," the following:  "enter a default decision
 9   or".
10     3.  Page 4, line 39, by inserting after the word
11   "days" the following:  ", or such period of time as
12   otherwise specified by statute or rule,".
13     4.  Page 4, line 43, by inserting after the words
14   "officer is" the following:  "timely".
15     5.  Page 4, by striking lines 44 through 46 and
16   inserting the following:  "to vacate the decision for
17   good cause, the time for initiating a further appeal
18   is".
19     6.  Page 5, by striking lines 5 through 9 and
20   inserting the following:  "officer shall deny the
21   motion to vacate.""
22     7.  Page 5, line 24, by striking the words "or
23   conclusion of law".
24     8.  Page 5, line 26, by striking the words "or
25   conclusion" and inserting the following:  ", or may
26   reverse or modify any conclusion of law that the
27   agency finds to be in error".
Amendment H-9136 was adopted.
On motion by Millage of Scott, the House concurred in the Senate
amendment H-8997, as amended.
Millage of Scott 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. 667)

The ayes were, 97:

Arnold 	Barry 	Bell 	Bernau 
Boddicker 	Bradley 	Brand 	Brauns 
Brunkhorst 	Bukta 	Burnett 	Carroll 
Cataldo 	Chapman 	Chiodo 	Churchill 
Cohoon 	Connors 	Corbett, Spkr.	Cormack 
Dinkla 	Dix 	Doderer 	Dolecheck 
Dotzler 	Drake 	Drees 	Eddie 
Falck 	Fallon 	Foege 	Ford 
Frevert 	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 	Vande Hoef 
Veenstra 	Warnstadt 	Weidman 	Weigel 
Welter 	Whitead 	Wise	Witt 
Van Maanen,
  Presiding

The nays were, none.

Absent or not voting, 3:

Blodgett 	Boggess 	Thomson

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Gipp of Winneshiek asked and received unanimous consent that the
following bills be immediately messaged to the Senate:  Senate
Files 2052 and 2398.
Boggess of Taylor called up for consideration House File 2164, a
bill for an act relating to local community and economic
development planning assistance and the community builder
program, amended by the Senate amendment H-8994 as follows:

H-8994

 1     Amend House File 2164, as passed by the House, as
 2   follows:
 3     1.  Page 2, by inserting after line 31 the
 4   following:
 5     "Sec. ___.  Section 15E.192, subsection 1, Code
 6   Supplement 1997, is amended to read as follows:
 7     1.  A county may create an economic development
 8   enterprise zone as authorized in this division,
 9   subject to certification by the department of economic
10   development, by designating up to one percent of the
11   county area for that purpose.  An eligible county
12   containing a city whose boundaries extend into an
13   adjacent county may establish an enterprise zone in an
14   area of the city located in the adjacent county if the
15   adjacent county's board of supervisors adopts a
16   resolution approving the establishment of the
17   enterprise zone in the city and the two counties enter
18   into an agreement pursuant to chapter 28E regarding
19   the establishment of the enterprise zone.  A county
20   may establish more than one enterprise zone.
21     Sec. ___.  Section 15E.193, subsection 1, paragraph
22   b, Code Supplement 1997, is amended to read as
23   follows:
24     b.  Pays at least eighty percent of the cost of a
25   standard medical and dental insurance plan for all
26   full-time employees.  Provides all full-time
employees
27   with the option of choosing one of the following:
28     (1)  The business pays eighty percent of both of
29   the following:
30     (a)  The cost of a standard medical insurance plan.
31     (b)  The cost of a standard dental insurance plan
32   or an equivalent plan.
33     (2)  The business provides the employee with a
34   monetarily equivalent plan to the plan provided for in
35   subparagraph (1).
36     Sec. ___.  Section 15E.195, subsection 1, Code
37   Supplement 1997, is amended to read as follows:
38     1.  A county which designates an enterprise zone
39   pursuant to section 15E.194, subsection 1, and in
40   which an eligible enterprise zone is certified shall
41   establish an enterprise zone commission to review
42   applications from qualified businesses located within
43   or requesting to locate within an enterprise zone
44   designated pursuant to section 15E.194, subsection 1,
45   to receive incentives or assistance as provided in
46   section 15E.196.  The commission shall consist of nine
47   members.  Five of these members shall consist of one
48   representative of the board of supervisors, one member
49   with economic development expertise chosen by the
50   department of economic development, one representative

Page 2  

 1   of the county zoning board, one member of the local
 2   community college board of directors, and one
 3   representative of the local workforce development
 4   center.  These five members shall select the remaining
 5   four members.  If the enterprise zone consists of an
 6   area meeting the requirements for eligibility for an
 7   urban or rural enterprise community under Title XIII
 8   of the federal Omnibus Budget Reconciliation Act of
 9   1993, one of the remaining four members shall be a
10   representative of that zone community.  However,
if
11   the enterprise zone qualifies under the city criteria,
12   one of the four members shall be a representative of
13   an international labor organization and if an
14   enterprise zone is located in any city, a
15   representative, chosen by the city council, of each
16   such city may be a member of the commission.  A county
17   shall have only one enterprise zone commission to
18   review applications for incentives and assistance for
19   businesses located within or requesting to locate
20   within a certified enterprise zone designated pursuant
21   to section 15E.194, subsection 1.
22     Sec. ___.  Section 15E.195, Code Supplement 1997,
23   is amended by adding the following new subsection:
24     NEW SUBSECTION.  1A.  A city with a population of
25   twenty-four thousand or more which designates an
26   enterprise zone pursuant to section 15E.194,
27   subsection 2, and in which an eligible enterprise zone
28   is certified shall establish an enterprise zone
29   commission to review applications from qualified
30   businesses located within or requesting to locate
31   within an enterprise zone to receive incentives or
32   assistance as provided in section 15E.196.  The
33   commission shall consist of nine members.  Six of
34   these members shall consist of one representative of
35   an international labor organization, one member with
36   economic development expertise chosen by the
37   department of economic development, one representative
38   of the city council, one member of the local community
39   college board of directors, one member of the city
40   planning and zoning commission, and one representative
41   of the local workforce development center.  These six
42   members shall select the remaining three members.  If
43   the enterprise zone consists of an area meeting the
44   requirements for eligibility for an urban enterprise
45   community under Title XIII of the federal Omnibus
46   Budget Reconciliation Act of 1993, one of the
47   remaining three members shall be a representative of
48   that community.  If a city contiguous to the city
49   designating the enterprise zone is included in an
50   enterprise zone, a representative of the contiguous

Page 3

 1   city, chosen by the city council, shall be a member of
 2   the commission.  A city in which an eligible
 3   enterprise zone is certified shall have only one
 4   enterprise zone commission.  If a city has established
 5   an enterprise zone commission prior to the effective
 6   date of this Act, the city may petition to the
 7   department of economic development to change the
 8   structure of the existing commission.
 9     Sec. ___.  Section 15E.196, subsection 5, Code
10   Supplement 1997, is amended to read as follows:
11     5.  The county or city for which an eligible
12   enterprise zone is certified may exempt from all
13   property taxation all or a portion of the value added
14   to the property upon which an eligible business
15   locates or expands in an enterprise zone and which is
16   used in the operation of the eligible business.  The
17   amount of value added for purposes of this subsection
18   shall be the amount of the increase in assessed
19   valuation of the property following the location or
20   expansion of the business in the enterprise zone.  If
21   an exemption provided pursuant to this subsection is
22   made applicable to only a portion of the property
23   within an enterprise zone, the definition of that
24   subset of eligible property must be by uniform
25   criteria which further some planning objective
26   established by the city or county enterprise zone
27   commission and approved by the eligible city or
28   county.  The exemption may be allowed for a period not
29   to exceed ten years beginning the year the eligible
30   business enters into an agreement with the county or
31   city to locate or expand operations in an enterprise
32   zone."
33     2.  Title page, line 1, by inserting after the
34   word "relating" the following:  "to economic
35   development enterprise zones and to".
36     3.  By renumbering as necessary.
Barry of Harrison in the chair at 11:13 a.m.
Weigel of Chickasaw offered the following amendment H-9021, to
the Senate amendment H-8994, filed by him and moved its adoption:

H-9021

 1     Amend the Senate amendment, H-8994, to House File
 2   2164, as passed by the House, as follows:
 3     1.  Page 1, by inserting after line 20 the
 4   following:
 5     "Sec. ___.  Section 15E.192, subsection 2, Code
 6   Supplement 1997, is amended to read as follows:
 7     2.  A city with a population of twenty-four
 8   thousand or more, as shown by the 1990 certified
 9   federal census, may create an economic development
10   enterprise zone as authorized in this division,
11   subject to certification by the department of economic
12   development, by designating one or more contiguous
13   census tracts, block numbering areas, or block groups,
14   or by designating census-designated places, as
15   determined in the most recent federal census, or
16   designating other geographic units approved by the
17   department of economic development for that purpose.
18   If there is an area in the city which meets the
19   requirements for eligibility for an urban or rural
20   enterprise community under Title XIII of the federal
21   Omnibus Budget Reconciliation Act of 1993, such area
22   shall be designated by the state an economic
23   development enterprise zone.  The area meeting the
24   requirements for eligibility for an urban or rural
25   enterprise community shall not be included for the
26   purpose of determining the area limitation pursuant to
27   subsection 3.  In creating an enterprise zone, a city
28   with a population of twenty-four thousand or more, as
29   shown by the 1990 certified federal census, may
30   designate as part of the area tracts, block numbering
31   areas, block groups, designated places, or approved
32   geographic units located in a contiguous city if such
33   tracts, block numbering areas, block groups,
34   designated places, or approved geographic units meet
35   the criteria and the city agrees to being included.
36   The city may establish more than one enterprise zone.
37   Reference in this division to "city" means a city with
38   a population of twenty-four thousand or more, as shown
39   by the 1990 certified federal census."
40     2.  By renumbering as necessary.
Roll call was requested by Weigel of Chickasaw and Scherrman of
Dubuque.
Rule 75 was invoked.
On the question "Shall amendment H-9021, to the Senate amendment
H-8994, be adopted?" (H.F. 2164)

The ayes were, 50:

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

The nays were, 49:

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

Absent or not voting, 1:

Blodgett 

Amendment H-9021 was adopted.
Warnstadt of Woodbury offered amendment H-9109, to the Senate
amendment H-8994, filed by him and Whitead of Woodbury as
follows:

H-9109

 1     Amend the Senate amendment, H-8994, to House File
 2   2164, as passed by the House, as follows:
 3     1.  Page 1, by inserting after line 20 the
 4   following:
 5     "Sec. ___.  Section 15E.193, subsection 1,
 6   paragraph a, Code Supplement 1997, is amended to read
 7   as follows:
 8     a.  Is not a retail business, a business holding a
 9   sales tax permit, or a business where entrance is
10   limited by a cover charge or membership requirement."
Warnstadt of Woodbury offered the following amendment H-9138, to
amendment H-9109, to the Senate amendment H-8994, filed by him
and moved its adoption:

H-9138

 1     Amend the amendment, H-9109, to the Senate
 2   amendment, H-8994, to House File 2164, as passed by
 3   the House, as follows:
 4     1.  Page 1, lines 8 and 9, by striking the words
 5   ", a business holding a sales tax permit,".
Amendment H-9138 was adopted.
Warnstadt of Woodbury moved the adoption of amendment H-9109, as
amended, to the Senate amendment H-8994.
Amendment H-9109, as amended, was adopted.
Wise of Lee offered the following amendment H-9009, to the
Senate amendment H-8994, filed by Wise, et al., and moved its
adoption:
H-9009

 1     Amend the Senate amendment, H-8994, to House File
 2   2164, as passed by the House, as follows:
 3     1.  Page 1, by inserting after line 35 the
 4   following:
 5     "Sec. ___.  NEW SECTION.  15E.193A  ALTERNATIVE
 6   ELIGIBLE BUSINESS CRITERIA.
 7     1.  A business which is not located in an
 8   enterprise zone is eligible to receive incentives and
 9   assistance under section 15E.196 if the business has
10   not closed or reduced its operation in one area of the
11   state and relocated substantially the same operation
12   in a location which qualifies the business under this
13   section and if the business meets all of the following
14   criteria:
15     a.  Satisfies the requirements in section 15E.193,
16   subsection 1, paragraphs "a", "b", "d", and "e".
17     b.  Is or will be located in a city with a
18   population between eight thousand and twenty-four
19   thousand as determined by population estimates by the
20   United States bureau of the census for the year of
21   1995.
22     c.  Is or will be located in a city which is not
23   more than thirty-five miles from an existing
24   enterprise zone in this state or an equivalent zone in
25   an adjacent state.
26     d.  Satisfies the requirement in section 15.329,
27   subsection 1, paragraph "d".
28     e.  Is or will be located in an area which meets
29   two of the criteria listed in section 15E.194,
30   subsection 2.
31     f.  Receives approval by ordinance or resolution
32   from the city in which the project is located.
33     2.  After approval of a project by ordinance or
34   resolution, the city shall submit an application for
35   incentives and assistance to the department of
36   economic development.  As part of the application, the
37   city shall submit information relating the
38   requirements listed in subsection 1 and in section
39   15E.193, subsection 2.  The department may approve,
40   defer, or deny the application.
41     3.  If a business has received incentives or
42   assistance under section 15E.196 and fails to maintain
43   the requirements of subsection 1 to be an eligible
44   business, the business is subject to repayment of all
45   or a portion of the incentives and assistance that it
46   has received.  The city shall have the authority to
47   take action to recover the value of taxes not
48   collected as a result of an exemption provided by the
49   community to the business.  The department of revenue
50   and finance shall have the authority to recover the
Page 2  

 1   value of state taxes or incentives provided under
 2   section 15E.196.  The value of state incentives
 3   provided under section 15E.196 includes applicable
 4   interest and penalties.  The department of economic
 5   development and the city shall enter into agreements
 6   with the business specifying the method for
 7   determining the amount of incentives or assistance
 8   paid which will be repaid in the event of failure to
 9   maintain the requirements of subsection 1.  In
10   addition, a business that fails to maintain the
11   requirements of subsection 1 shall not receive
12   incentives or assistance for each year during which
13   the business is not in compliance.
14     4.  In making its decision regarding an
15   application, the department of economic development
16   shall consider the impact of the eligible business on
17   other businesses in competition with it and compare
18   the compensation package of businesses in competition
19   with the business being considered for incentives or
20   assistance.  The department shall make a good faith
21   effort to identify existing Iowa businesses within an
22   industry in competition with the business being
23   considered for incentives or assistance.  The
24   department shall also make a good faith effort to
25   determine the probability that the proposed incentives
26   or assistance will displace employees of existing
27   businesses.  In determining the impact on businesses
28   in competition with the business seeking incentives or
29   assistance, jobs created as a result of other jobs
30   being displaced elsewhere in the state shall not be
31   considered direct jobs created.
32     However, if the department finds that an eligible
33   business has a record of violations of the law,
34   including but not limited to environmental and worker
35   safety statutes, rules, and regulations, over a period
36   of time that tends to show a consistent pattern, the
37   eligible business shall not qualify for incentives or
38   assistance under section 15E.196, unless the
39   department finds that the violations did not seriously
40   affect public health or safety or the environment, or
41   if it did that there were mitigating circumstances.
42   In making the findings and determinations regarding
43   violations, mitigating circumstances, and whether an
44   eligible business is eligible for incentives or
45   assistance under section 15E.196, the department is
46   exempt from chapter 17A.  If requested by the
47   department, the business shall provide copies of
48   materials documenting the type of violation, any fees
49   or penalties assessed, court filings, final
50   disposition of any findings, and any other information
Page 3

 1   which would assist the department in assessing the
 2   nature of any violation.
 3     5.  A business that is approved to receive
 4   incentives or assistance shall, for the length of its
 5   designation as an enterprise zone business, certify
 6   annually to the department of economic development its
 7   compliance with the requirements of this section."
 8     2.  By renumbering as necessary.
Amendment H-9009 was adopted.

Gipp of Winneshiek asked and received unanimous consent that
House File 2164 be deferred and that the bill retain its place
on the calendar. (Senate amendment H-8994 pending.)
Martin of Scott called up for consideration House File 2275, a
bill for an act relating to health care providers including the
application of records checks to additional providers and the
recording and availability of the records of the facility
inspections and providing for a repeal, amended by the Senate,
and moved that the House concur in the following Senate
amendment H-9135:

H-9135

 1     Amend House File 2275, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 1, by inserting after line 26, the
 4   following:
 5     "___.  In addition to the monthly and annual
 6   compilations, the department shall provide
 7   compilations of the report cards on a cumulative
 8   basis.  The cumulative compilation shall reflect the
 9   report cards of health care facilities during the
10   four-year period prior to the production of the
11   cumulative compilation.  The cumulative compilation
12   shall be applicable to a particular health care
13   facility as a four-year report card history of that
14   facility becomes available.  The cumulative
15   compilation shall be available to the public in the
16   same manner as the annual compilation."
17     2.  Page 2, line 18, by inserting after the word
18   "services." the following:  "If a person owns or
19   operates more than one facility, and an employee of
20   one of such facilities is transferred to another such
21   facility without a lapse in employment, the facility
22   is not required to request additional criminal and
23   dependent adult abuse record checks of that employee."
24     3.  By renumbering, relettering, or redesignating
25   and correcting internal references as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-9135.
Martin of Scott moved that the bill, as amended by the Senate
and concurred in by the House, be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 2275)

The ayes were, 98:

Arnold 	Bell 	Boddicker 	Boggess 
Bradley 	Brand 	Brauns 	Brunkhorst 
Bukta 	Burnett 	Carroll 	Cataldo 
Chapman 	Chiodo 	Churchill 	Cohoon 
Connors 	Corbett, Spkr. 	Cormack 	Dinkla 
Dix 	Doderer 	Dolecheck 	Dotzler 
Drake 	Drees 	Eddie 	Falck 
Fallon 	Foege 	Ford 	Frevert 
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 	Barry,
	  Presiding

The nays were, none.

Absent or not voting, 2:

Bernau 	Blodgett

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
House File 2275 be immediately messaged to the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 14, 1998, refused to concur in the House
amendment to the Senate amendment to the following resolution in
which the concurrence of the Senate was asked:
House Concurrent Resolution 15, a concurrent resolution
providing for the formation of a committee by the Legislative
Council to conduct a comprehensive study of school finance and
make recommendations for a revised school aid formula.
Also: That the Senate has on April 14, 1998, concurred in the
House amendment and adopted the following resolution in which
the concurrence of the Senate was asked:
Senate Joint Resolution 9, a joint resolution proposing an
amendment to the Constitution of the State of Iowa relating to
the qualifications of electors.
Also: That the Senate has on April 14, 1998, adopted the
following resolution in which the concurrence of the House is
asked:
Senate Concurrent Resolution 113, a concurrent resolution
requesting the establishment of a conference to study the
protection of the Loess Hills areas of this state.
Also: That the Senate has on April 14, 1998, adopted the
following resolution in which the concurrence of the House is
asked:
Senate Concurrent Resolution 115, a concurrent resolution urging
federal Congressional support for widows and widowers under the
federal Railroad Retirement Act of 1974.
Also: That the Senate has on April 14, 1998, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2405, a bill for an act providing for the joint
construction or acquisition, furnishing, operation, and
maintenance of public buildings by a county, city, and school
district.
Also: That the Senate has on April 14, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2409, a bill for an act relating to a registration
fee and a sales tax exemption for certain aircraft and providing
an effective date.
MARY PAT GUNDERSON, Secretary
On motion by Gipp of Winneshiek, the House was recessed at 12:00
p.m., until 1:30 p.m.
AFTERNOON SESSION
The House reconvened at 1:30 p.m., Carroll of Poweshiek in the
chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-four members present,
twenty-six absent.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 14, 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 2280, a bill for an act relating to and making
appropriations to the department for the blind, the Iowa state
civil rights commission, the department of elder affairs, the
Iowa department of public health, the department of human
rights, the governor's alliance on substance abuse, and the
commission of veterans affairs, and providing effective dates.
MARY PAT GUNDERSON, Secretary
SENATE MESSAGE CONSIDERED
Senate File 2409, by committee on ways and means, a bill for
an act relating to a registration fee and a sales tax exemption
for certain aircraft and providing an effective date.
Read first time and referred to committee on ways and means.
RULES SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend the rules for the immediate consideration of House
Files 2557and 2558.

CONSIDERATION OF BILLS
Appropriations Calendar
House File 2557, a bill for an act relating to employment
background checks by care facilities and services, creating a
single contact repository, and making an appropriation, was
taken up for consideration.
Martin of Scott moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 2557)
The ayes were, 93:

Arnold 	Barry 	Bell 	Boddicker 
Boggess 	Bradley 	Brauns 	Brunkhorst 
Bukta 	Burnett 	Cataldo 	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 
Hahn 	Hansen 	Heaton 	Holmes 
Holveck 	Houser	Huseman 	Huser 
Jacobs 	Jenkins 	Jochum 	Kinzer 
Klemme 	Koenigs 	Kreiman 	Kremer 
Lamberti 	Larkin 	Larson	Lord 
Martin 	Mascher 	May 	Mertz 
Metcalf 	Millage 	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 
Welter 	Whitead 	Wise 	Witt 
Carroll,
  Presiding

The nays were, none.

Absent or not voting, 7:

Bernau 	Blodgett 	Brand	Grundberg 
Meyer 	Moreland 	Weigel 

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

MOTION TO RECONSIDER WITHDRAWN
(Senate File 187)
Siegrist of Pottawattamie asked and received unanimous consent
to withdraw the motion to reconsider Senate File 187, a bill for
an act relating to the issuance of licenses and the imposition
of fees for the fishing, trapping, hunting, pursuing, catching,
killing, or taking of wild animals, birds, game, or fish,
providing for other properly related matters, and subjecting
violators to existing penalties, and providing effective and
applicability dates, filed by him on April 13, 1998.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
Senate File 187 and House File 2557.
The House stood at ease at 2:08 p.m., until the fall of the
gavel.
The House resumed session at 3:38 p.m., Carroll of Poweshiek in
the chair.
Nelson of Marshall called up for consideration Senate File 2280,
a bill for an act relating to and making appropriations to the
department for the blind, the Iowa state civil rights
commission, the department of elder affairs, the Iowa department
of public health, the department of human rights, the governor's
alliance on substance abuse, and the commission of veterans
affairs, and providing effective dates, amended by the House,
further amended by the Senate and moved that the House concur in
the following Senate amendment H-9156:

H-9156

 1     Amend the House amendment, S-5563, to Senate File
 2   2280, as amended, passed, and reprinted by the Senate,
 3   as follows:
 4     1.  Page 3, by striking lines 20 through 23 and
 5   inserting the following:
 6     "   .  By striking page 22, line 3, through page
 7   23, line 14, and inserting the following:
 8     "1.  The moneys remaining unobligated or unexpended
 9   in the gambling treatment fund created in section
10   99E.10, subsection 1, paragraph "a", Code Supplement
11   1997, at the end of the fiscal year beginning July 1,
12   1997, and ending June 30, 1998, are appropriated to
13   the Iowa department of public health for the fiscal
14   year beginning July 1, 1998, and ending June 30, 1999,
15   to be allocated as follows:
16     a.  For transfer to the department of public safety
17   to combat methamphetamine use:
18  		 $	    236,000
19     The funds transferred in this lettered paragraph
20   shall be utilized by the division of narcotics
21   enforcement of the department of public safety for
22   undercover purchases of methamphetamine by law
23   enforcement agency and drug task force personnel.
24     b.  For transfer to the governor's alliance on
25   substance abuse for the establishment of an education
26   program designed to increase the availability of
27   information relating to methamphetamine abuse in Iowa
28   schools and throughout the media:
29  		 $	     83,000
30     The funds transferred in this lettered paragraph
31   shall be used to assist in targeting an anti-
32   methamphetamine message specifically to Iowa teenagers
33   through the school system and through public service
34   media advertisements.  The education program shall be
35   coordinated by the drug enforcement and abuse
36   prevention coordinator in consultation with the Iowa
37   drug abuse prevention and education advisory council
38   established in section 80E.2.
39     2.  a.  There is appropriated from receipts in"."
40     2.  Page 3, line 37, by striking the word
41   "amounts" and inserting the following:  "amount".
42     3.  Page 3, line 42, by striking the word
43   "amounts" and inserting the following:  "amount".
44     4.  Page 3, line 43, by striking the words
45   "projects are" and inserting the following:
46   "projection is".
47     5.  Page 3, line 46, by striking the words
48   "subsections 1 and" and inserting the following:
49   "subsection".
50     6.  By striking page 4, line 37, through page 6,

Page 2  

 1   line 2, and inserting the following:
 2     "b.  For the provision of emergency medical
 3   services and training of emergency medical services
 4   personnel:
 5  		 $	     78,000
 6     c.  For transfer to the Iowa law enforcement
 7   academy to be used for the drug abuse resistance
 8   education program:
 9  		 $	     70,000
10     d.  For transfer to the department of public safety
11   for costs associated with the training by the
12   department of public safety of state and local law
13   enforcement personnel concerning the recognition of
14   and response to persons with Alzheimer's disease:
15  		 $	     70,000
16     e.  For use by local boards of health to ensure
17   that core public health functions are maintained and
18   to support essential services in their communities:
19  		 $	    150,000
20     f.  For transfer to the department of elder affairs
21   to be used for the recruitment, retention,
22   recognition, and training of care review committee
23   volunteers:
24  		 $	    130,000
25     The department of elder affairs shall develop
26   outcome measurements regarding use of the funds
27   transferred in this lettered paragraph, and shall
28   conduct a study of issues including, but not limited
29   to, how the funds were utilized, liability for area
30   agencies on aging, and access to nursing home records.
31   The department shall submit a report of the results of
32   the study to the general assembly by January 1, 2000.
33     g.  For transfer to the department of public safety
34   to combat methamphetamine use:
35  		 $	    200,000
36     The funds transferred in this lettered paragraph
37   shall be utilized by the department of public safety
38   to enhance existing programs or to initiate new
39   efforts designed to prevent and combat methamphetamine
40   use.  The department shall submit a report of the
41   expenditures made and a status report on anti-
42   methamphetamine efforts to the general assembly by
43   January 1, 2000.""
44     7.  By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-9156.
Nelson of Marshall 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. 2280)

The ayes were, 95:

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

The nays were, 4:

Brunkhorst 	Cormack 	Fallon 	Ford 
Absent or not voting, 1:

Meyer 

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that Senate Files 2280 and House File 667 be immediately
messaged to the Senate.
Unfinished Business Calendar
Senate File 2333, a bill for an act relating to occupational
hearing loss recovery, providing definitions, and providing for
the apportionment and measurement of hearing loss, with report
of committee recommending passage, was taken up for
consideration.
Dotzler of Black Hawk offered the following amendment H-8615
filed by him and moved its adoption:

H-8615

 1     Amend Senate File 2333, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, line 26, by striking the words "and
 4   three" and inserting the following:  "three".
 5     2.  Page 1, line 26, by inserting after the word
 6   "thousand" the following:  ", four thousand, and six
 7   thousand".
 8     3.  Page 2, line 29, by striking the word "four"
 9   and inserting the following:  "six".
10     4.  Page 2, line 30, by striking the words "and
11   three" and inserting the following:  "three".
12     5.  Page 2, line 30, by inserting before the word
13   "Hertz" the following:  ", four thousand, and six
14   thousand".
15     6.  Page 2, line 31, by striking the word "four"
16   and inserting the following:  "six".
17     7.  Page 4, line 16, by striking the words "and
18   three" and inserting the following:  "and three".
19     8.  Page 4, line 17, by inserting before the word
20   "Hertz" the following:  ", four thousand, and six
21   thousand".
22     9.  Page 4, line 23, by striking the word "four"
23   and inserting the following:  "four six".
24     10.  By renumbering and correcting internal
25   references as necessary.
A non-record roll call was requested.
Rule 75 was invoked.
The ayes were 49, nays 49.
Amendment H-8615 lost.
Murphy of Dubuque asked and received unanimous consent that
amendment H-9145 be deferred.
Myers of Johnson offered the following amendment H-9146 filed by
him from the floor and moved its adoption:

H-9146

 1     Amend Senate File 2333, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, line 26, by striking the words "and
 4   three" and inserting the following:  "three".
 5     2.  Page 1, line 26, by inserting after the word
 6   "thousand" the following:  ", and four thousand".
 7     3.  Page 2, line 29, by striking the word "four"
 8   and inserting the following:  "five".
 9     4.  Page 2, line 30, by striking the words "and
10   three" and inserting the following:  "three".
11     5.  Page 2, line 30, by inserting before the word
12   "Hertz" the following:  ", and four thousand".
13     6.  Page 2, line 31, by striking the word "four"
14   and inserting the following:  "five".
15     7.  Page 4, line 16, by striking the words "and
16   three" and inserting the following:  "and three".
17     8.  Page 4, line 16, by inserting after the words
18   "three thousand" the following:  ", and four
19   thousand".
20     9.  Page 4, line 23, by striking the word "four"
21   and inserting the following:  "four five".
22     10.  By renumbering and correcting internal
23   references as necessary.
Roll call was requested by Myers of Johnson and Schrader of
Marion.
Rule 75 was invoked.
On the question "Shall amendment H-9146 be adopted?" (S.F. 2333)

The ayes were, 49:

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

The nays were, 50:

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

Absent or not voting, 1:

Cataldo 

Amendment H-9146 lost.
Taylor of Linn offered the following amendment H-8596 filed by
him and moved its adoption:

H-8596

 1     Amend Senate File 2333, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  By striking page 3, line 32, through page 4,
 4   line 7, and inserting the following:  "nonemployment
 5   sources of loss, excluding loss due to age."
A non-record roll call was requested.
The ayes were 42, nays 51.
Amendment H-8596 lost.
Connors of Polk offered amendment H-8636 filed by him and moved
its adoption:

H-8636

 1     Amend Senate File 2333, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1. Page 4, line 17, by inserting after the word
 4   "Hertz," the following:  "and the rights of the
 5   employee pursuant to this chapter,".
 6     2.  Page 5, by inserting after line 29 the
 7   following:
 8     "Sec. ___.  NEW SECTION.  85B.16  EMPLOYEE NOTICE
 9    - APPLICABILITY.
10     An employer subject to liability under this chapter
11   shall inform, in writing, each employee of the
12   employer who is an employee as of July 1, 1998, each
13   employee hired by the employer on or after July 1,
14   1998, and each employee who is separated from the
15   employment with the employer in which the employee was
16   subjected to excessive noise exposure on or after July
17   1, 1998, within one month of the date of separation,
18   of the effect of this Act and of the employee's rights
19   under this chapter.  This Act shall not apply to an
20   employee of an employer until the employer has
21   received a signed acknowledgment from the employee
22   that the employee has been informed of the effect of
23   this Act and of the employee's rights under this
24   chapter."
25     3.  By renumbering as necessary.
Speaker Corbett in the chair at 4:50 p.m.
Roll call was requested by Taylor of Linn and Sukup of Franklin.
Rule 75 was invoked.
On the question "Shall amendment H-8636 be adopted?" (S.F. 2333)

The ayes were, 48:

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

The nays were, 52:

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

Absent or not voting, none.

Amendment H-8636 lost.
Dotzler of Black Hawk offered the following amendment H-8595
filed by him and moved its adoption:

H-8595

 1     Amend Senate File 2333, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 5, by inserting after line 29 the
 4   following:
 5     "Sec. ___.  APPLICABILITY.  This Act applies only
 6   to an employee of an employer who is newly hired by
 7   the employer on or after July 1, 1998."
 8     2.  By renumbering as necessary.
Amendment H-8595 lost.
Taylor of Linn offered the following amendment H-8635 filed by
him and moved its adoption:

H-8635

 1     Amend Senate File 2333, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 5, by inserting after line 29 the
 4   following:
 5     "Sec. ___.  INTENT.  It is the intent of the
 6   general assembly that the changes in this Act are to
 7   provide that an employer shall not have to pay
 8   workers' compensation benefits for occupational
 9   hearing loss to an employee for hearing loss that is
10   nonoccupational."
11     2.  By renumbering as necessary.
Amendment H-8635 lost.
Taylor of Linn offered the following amendment H-9154 filed by
him from the floor and moved its adoption:

H-9154

 1     Amend Senate File 2333, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 5, by inserting after line 29 the
 4   following:
 5     "Sec. ___.  NEW SECTION.  85B.16  ADEQUATE HEARING
 6   PROTECTION - APPLICABILITY.
 7     An employer subject to liability under this chapter
 8   shall provide each employee of the employer who is an
 9   employee as of July 1, 1998, and each employee hired
10   by the employer on or after July 1, 1998, with safe
11   and adequate hearing protection based on the
12   employee's job position.  This Act shall not apply to
13   an employee of an employer if the employer has not
14   provided the employee with safe and adequate hearing
15   protection as required by this section."
16     2.  By renumbering as necessary.
Amendment H-9154 lost.
Dotzler of Black Hawk asked and received unanimous consent to
withdraw amendments H-9163 and H-9165, filed by him from the
floor.
Murphy of Dubuque offered the following amendment H-9145 filed
by him and Dotzler of Black Hawk from the floor and moved its
adoption:

H-9145

 1     Amend Senate File 2333, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, line 25, by striking the words "five
 4   hundred,".
 5     2.  Page 2, line 29, by striking the words "four
 6   frequencies, five hundred," and inserting the
 7   following:  "three frequencies,".
 8     3.  Page 2, line 31, by striking the word "four"
 9   and inserting the following:  "three".
10     4.  Page 4, line 16, by striking the words "five
11   hundred," and inserting the following:  "five
12   hundred,".
13     5.  Page 4, line 23, by striking the word "four"
14   and inserting the following:  "four three".
Amendment H-9145 lost.
Connors of Polk asked for unanimous consent to reconsider the
vote by which amendment H-8636 filed by Connors of Polk on March
24, 1998, failed to pass the House on April 14, 1998.
Objection was raised.
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. 2333)

The ayes were, 53:

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

The nays were, 46:

Bell 	Bernau 	Brand 	Bukta 
Burnett 	Cataldo 	Chapman 	Chiodo 
Cohoon 	Connors 	Doderer 	Dotzler 
Drees 	Falck 	Fallon 	Foege 
Frevert 	Holveck 	Huser 	Jochum 
Kinzer 	Koenigs 	Kreiman 	Larkin 
Mascher 	May 	Mertz 	Moreland 
Mundie 	Murphy 	Myers 	Nelson 
O'Brien 	Osterhaus 	Reynolds-Knight 	Richardson 
Scherrman 	Schrader 	Shoultz 	Taylor 
Thomas 	Warnstadt 	Weigel 	Whitead 
Wise 	Witt 
Absent or not voting, 1:

Ford

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 2333 be immediately messaged to the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 14, 1998, concurred in the House
amendment and passed the following bill in which the concurrence
of the Senate was asked:
Senate File 2200, a bill for an act relating to the expenses,
powers, and duties of county agricultural extension councils.
Also: That the Senate has on April 14, 1998, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2268, a bill for an act relating to rural water
services by authorizing rural water districts to enter into
agreements with other governmental entities to provide for the
ownership, acquisition, construction, and equipping of sewer
systems, and authorizing the issuance of revenue obligations to
finance the projects and providing procedures for detaching
property from one district and attaching it to another district.
Also: That the Senate has on April 14, 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 2277, a bill for an act providing for exceptions to
municipal tort liability for skateboarding.
Also: That the Senate has on April 14, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2284, a bill for an act relating to rural
improvement zones.
Also: That the Senate has on April 14, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2412, a bill for an act relating to linked
investment deposits by providing a low-interest loan program to
assist persons involved in value-added agricultural processing.
MARY PAT GUNDERSON, Secretary
Appropriations Calendar

House File 2558, a bill for an act relating to mental health,
developmental disability, and substance abuse service and
payment provisions, and including an applicability provision and
an effective date, was taken up for consideration.
Heaton of Henry offered the following amendment H-9167 filed by
him, Grundberg of Polk and Houser of Pottawattamie from the
floor and moved its adoption:

H-9167

 1     Amend House File 2558 as follows:
 2     1.  Page 3, by inserting after line 34 the
 3   following:
 4     "Sec. ___.  LEGAL SETTLEMENT PLAN.  The department
 5   of human services shall work with the Iowa state
 6   association of counties in developing proposals for
 7   legal settlement determination and for expediting
 8   resolution of legal settlement disputes.  The
 9   department shall report on or before December 1, 1998,
10   to the general assembly and the governor outlining
11   proposals and providing other relevant
12   recommendations."
13     2.  Page 10, by inserting after line 19 the
14   following:
15                        "DIVISION    
16            DUAL CIVIL COMMITMENTS
17     Sec. ___.  NEW SECTION.  125.75B  DUAL FILINGS.
18     An application for involuntary commitment or
19   treatment of a respondent under this chapter may be
20   filed contemporaneously with an application for
21   involuntary hospitalization of the respondent under
22   chapter 229.
23     Sec. ___.  Section 125.82, subsections 1 and 2,
24   Code 1997, are amended to read as follows:
25     1.  At a commitment hearing, evidence in support of
26   the contentions made in the application shall be
27   presented by the applicant, or by an attorney for the
28   applicant, or by the county attorney if the county
29   attorney is the applicant.  During the hearing the
30   applicant and the respondent shall be afforded an
31   opportunity to testify and the county attorney and the
32   respondent shall have the opportunity to present and
33   cross-examine witnesses, and the court may receive the
34   testimony of other interested persons.  If the
35   respondent is present at the hearing, as provided in
36   subsection 3, and has been medicated within twelve
37   hours, or a longer period of time as the court may
38   designate, prior to the beginning of the hearing or a
39   session of the hearing, the court shall be informed of
40   that fact and of the probable effects of the
41   medication upon convening of the hearing.
42     2.  A person not necessary for the conduct of the
43   hearing shall be excluded, except that the court may
44   admit a person having a legitimate interest in the
45   hearing.  Upon motion of the applicant county
46   attorney, the court may exclude the respondent from
47   the hearing during the testimony of a witness if the
48   court determines that the witness' testimony is likely
49   to cause the respondent severe emotional trauma.
50     Sec. ___.  NEW SECTION.  229.2A  DUAL FILINGS.

Page 2  

 1     An application for involuntary hospitalization of a
 2   respondent under this chapter may be filed
 3   contemporaneously with an application for involuntary
 4   commitment or treatment of the respondent under
 5   chapter 125.
 6     Sec. ___.  Section 229.21, subsection 3, Code 1997,
 7   is amended to read as follows:
 8     3.  a.  Any respondent with respect to whom the
 9   judicial hospitalization referee has found the
10   contention that the respondent is seriously mentally
11   impaired or a chronic substance abuser sustained by
12   clear and convincing evidence presented at a hearing
13   held under section 229.12 or section 125.82, may
14   appeal from the referee's finding to a judge of the
15   district court by giving the clerk notice in writing,
16   within seven ten days after the referee's finding is
17   made, that an appeal therefrom is taken.  The appeal
18   may be signed by the respondent or by the respondent's
19   next friend, guardian or attorney.
20     b.  An order of a judicial hospitalization referee
21   with a finding that the respondent is seriously
22   mentally impaired or a chronic substance abuser shall
23   include the following notice, located conspicuously on
24   the face of the order:
25     "NOTE:  The respondent may appeal from this order
26   to a judge of the district court by giving written
27   notice of the appeal to the clerk of the district
28   court within ten days after the date of this order.
29   The appeal may be signed by the respondent or by the
30   respondent's next friend, guardian, or attorney.  For
31   a more complete description of the respondent's appeal
32   rights, consult section 229.21 of the Code of Iowa or
33   an attorney."
34     c.  When so appealed, the matter shall stand for
35   trial de novo.  Upon appeal, the court shall schedule
36   a hospitalization or commitment hearing before a
37   district judge at the earliest practicable time.
38     Sec. ___.  Section 229.27, subsection 4, Code 1997,
39   is amended by striking the subsection.
40     Sec. ___.  IMPLEMENTATION OF ACT.  Section 25B.2,
41   subsection 3, shall not apply to this division of this
42   Act."
43     3.  Title page, line 2, by inserting after the
44   word "service" the following:  ", commitment,".
45     4.  By renumbering as necessary.
Carroll of Poweshiek in the chair at 7:02 p.m.
Heaton of Henry asked and received unanimous consent that
amendment H-9167 be deferred.
Gipp of Winneshiek asked and received unanimous consent that
House File 2558 be deferred and that the bill retain its place
on the calendar. (Amendment H-9167 pending.)
SENATE AMENDMENT CONSIDERED
Vande Hoef of Osceola called up for consideration Senate File
2277, a bill for an act providing for exceptions to municipal
tort liability for skateboarding and in-line skating, amended by
the House, further amended by the Senate and moved that the
House concur in the following Senate amendment H-9164:

H-9164

 1     Amend the amendment, S-5592, to Senate File 2277,
 2   as amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  Page 1, by striking lines 12 through 13 and
 5   inserting the following:  ""risk." the following:
 6   "The exemption from liability contained in this
 7   subsection shall only apply to claims for injuries or
 8   damage resulting from the risks inherent in the
 9   activities of skateboarding or in-line skating.""
The motion prevailed and the House concurred in the Senate
amendment H-9164.
Vande Hoef of Osceola 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. 2277)

The ayes were, 96:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker 	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Cataldo 	Chapman 	Churchill 
Cohoon 	Connors 	Corbett, Spkr. 	Cormack 
Dix 	Doderer 	Dolecheck 	Dotzler 
Drake 	Drees 	Eddie 	Falck
Fallon 	Foege 	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 	Van Maanen 	Vande Hoef 	Veenstra 
Warnstadt 	Weidman 	Weigel 	Welter 
Whitead 	Wise 	Witt	Carroll,
			  Presiding

The nays were, 1:

Holveck 

Absent or not voting, 3:

Chiodo 	Dinkla 	Ford

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 2277 be immediately messaged to the Senate.

Appropriations Calendar
House File 2546, a bill for an act relating to waste tires and
tire-derived fuels, was taken up for consideration.
Cormack of Webster offered the following amendment H-8949 filed
by him and moved its adoption:

H-8949

 1     Amend House File 2546 as follows:
 2     1.  Page 1, line 10, by inserting after the word
 3   "party." the following:  "An employee or staff
person
 4   of the department, including but not limited to the
 5   director, deputy director, and legislative liaison,
 6   with access to a confidential audit requested pursuant
 7   to this subsection or other financial assurance
 8   instrument referred to in this subsection shall not be
 9   employed by a private firm engaged in the business of
10   waste tire processing as defined in section 455D.11
11   while the employee or staff person is employed by the
12   department and for a period of two years from the time
13   the employee or staff person ceases employment with
14   the department."
Amendment H-8949 was adopted.
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. 2546)

The ayes were, 98:

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

The nays were, none.

Absent or not voting, 2:

Boddicker 	Ford
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Ways and Means Calendar
Senate File 2365, a bill for an act relating to the imposition
of the sales and use tax on building materials, supplies, and
equipment sold and used in the construction of facilities of
rural water districts, with report of committee recommending
passage, was taken up for consideration.
Van Fossen of Scott offered the following amendment H-8817 filed
by Van Fossen, et al., and moved its adoption:

H-8817

 1     Amend Senate File 2365, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by inserting after line 12 the
 4   following:
 5     "Sec. ___.  Section 422.45, Code Supplement 1997,
 6   is amended by adding the following new subsection:
 7     NEW SUBSECTION.  33A.  The gross receipts from the
 8   sale of electricity to water companies assessed for
 9   property tax pursuant to sections 428.24, 428.26, and
10   428.28 which is used solely for the purpose of pumping
11   water from a river or well."
12     2.  Title page, by striking lines 2 and 3 and
13   inserting the following:  "infrastructure and
14   electricity associated with providing water."
15     3.  By renumbering as necessary.
Amendment H-8817 was adopted.
Teig of Hamilton 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. 2365)

The ayes were, 95:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Cataldo 	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 
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 	Sukup 	Taylor 	Teig 
Thomas 	Thomson 	Tyrrell 	Van Fossen 
Van Maanen 	Vande Hoef 	Veenstra 	Warnstadt 
Weidman 	Weigel 	Welter 	Whitead 
Wise 	Witt 	Carroll,
		  Presiding

The nays were, 2:

Chapman 	Fallon

Absent or not voting, 3:

Doderer 	Ford 	Siegrist 

The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that
Senate File 2365 be immediately messaged to the Senate.
SENATE AMENDMENT CONSIDERED
The House resumed consideration of House File 2514, a bill for
an act relating to motor vehicle operation and motor vehicles,
carriers and motor trucks, and penalties and hazardous
materials, including weight requirements and transportation of
hazardous materials, and providing an effective date, amended by
the Senate amendment H-8760, previously deferred on April 6,
1998, and found on pages 1302 and 1303 of the House Journal.
Witt of Black Hawk asked and received unanimous consent that
amendment H-8972, to the Senate amendment H-8760, be deferred.
Shoultz of Black Hawk offered the following amendment H-8971, to
the Senate amendment H-8760, filed by him and moved its adoption:

H-8971

 1     Amend the Senate amendment, H-8760, to House File
 2   2514, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by striking lines 18 through 30.
 5     2.  By renumbering as necessary.
Roll call was requested by Shoultz of Black Hawk and Witt of
Black Hawk.
On the question "Shall amendment H-8971, to the Senate amendment
H-8760, be adopted?" (H.F. 2514)

The ayes were, 41:

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

The nays were, 53:

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

Absent or not voting, 6:

Bradley 	Cataldo 	Churchill 	Doderer 
Ford 	Holveck

Amendment H-8971 lost.
Mascher of Johnson asked and received unanimous consent to
withdraw amendment H-8973, to the Senate amendment H-8760, filed
by her on April 7, 1998.
Connors of Polk asked and received unanimous consent that
amendment H-8975, to the Senate amendment H-8760, be deferred.
Witt of Black Hawk offered the following amendment H-8974, to
the Senate amendment H-8760,  filed by him and moved its
adoption:

H-8974

 1     Amend the Senate amendment, H-8760, to House File
 2   2514, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by striking lines 16 through 36.
 5     2.  By renumbering as necessary.
Roll call was requested by Witt of Black Hawk and Shoultz of
Black Hawk.
On the question "Shall amendment H-8974, to the Senate amendment
H-8760, be adopted?" (H.F. 2514)

The ayes were, 46:

Bell 	Bernau 	Brand 	Bukta 
Burnett 	Chapman 	Chiodo 	Cohoon 
Connors 	Dotzler 	Drees 	Falck 
Fallon 	Foege 	Frevert 	Grundberg 
Holmes 	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 
Vande Hoef 	Warnstadt 	Weigel 	Whitead 
Wise 	Witt 

The nays were, 50:

Arnold 	Barry 	Blodgett 	Boddicker 
Boggess 	Brauns 	Brunkhorst 	Cataldo 
Corbett, Spkr. 	Cormack 	Dinkla 	Dix 
Dolecheck 	Drake 	Eddie 	Garman 
Gipp 	Greig 	Greiner 	Gries 
Hahn 	Hansen 	Heaton 	Houser 
Huseman 	Jacobs 	Jenkins 	Klemme 
Kremer 	Lamberti 	Larson 	Lord 
Martin 	Metcalf 	Meyer 	Millage 
Nelson 	Rants 	Rayhons 	Siegrist 
Sukup 	Teig 	Thomson 	Tyrrell 
Van Fossen 	Van Maanen 	Veenstra 	Weidman 
Welter 	Carroll, 
  	Presiding
Absent or not voting, 4:

Bradley 	Churchill 	Doderer 	Ford 

Amendment H-8974 lost.
Witt of Black Hawk offered the following amendment H-8972 to the
Senate amendment H-8760, filed by him, previously deferred,  and
moved its adoption:

H-8972

 1     Amend the Senate amendment, H-8760, to House File
 2   2514, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, line 25, by striking the words "two
 5   thousand five hundred" and inserting the following:
 6   "five thousand".
 7     2.  By renumbering as necessary.
Amendment H-8972 lost.
Fallon of Polk offered the following amendment H-8975, to the
Senate amendment H-8760, filed by him, previously deferred, and
moved its adoption:

H-8975

 1     Amend the Senate amendment, H-8760, to House File
 2   2514, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by striking lines 31 through 36.
 5     2.  By renumbering as necessary.
Amendment H-8975 lost.
Blodgett of Cerro Gordo moved that the House concur in the
Senate amendment H-8760.
A non-record roll call was requested.
The ayes were 45, nays 28.
The House concurred in the Senate amendment H-8760.
Shoultz of Black Hawk rose on a point of order and  invoked Rule
32 to send House File 2514 to the committee on ways and means.
The Speaker ruled the point well taken.
Siegrist of Pottawattamie moved to suspend Rule 32 to consider
House File 2514.
Roll call was requested by Shoultz of Black Hawk and Murphy of
Dubuque.
On the question "Shall Rule 32 be suspended to consider House
File 2514?"
The ayes were, 52:

Arnold 	Barry 	Blodgett 	Boddicker 
Boggess 	Bradley 	Brauns 	Brunkhorst 
Corbett, Spkr. 	Cormack 	Dinkla 	Dix 
Dolecheck 	Drake 	Eddie 	Garman 
Gipp 	Greig 	Greiner 	Gries 
Grundberg 	Hahn 	Hansen 	Heaton 
Houser 	Huseman 	Jacobs 	Jenkins 
Klemme 	Kremer 	Lamberti 	Larson 
Lord 	Martin 	Metcalf 	Meyer 
Millage 	Nelson 	Rants 	Rayhons 
Siegrist 	Sukup 	Teig 	Thomson 
Tyrrell 	Van Fossen 	Van Maanen 	Vande Hoef 
Veenstra 	Weidman 	Welter 	Carroll,
			  Presiding
The nays were, 45:
Bell 	Bernau 	Brand 	Bukta 
Burnett 	Cataldo 	Chapman 	Chiodo 
Cohoon 	Connors 	Dotzler 	Drees 
Falck 	Fallon 	Foege 	Frevert 
Holmes 	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, 3:
Churchill 	Doderer 	Ford 

The motion to suspend the rules prevailed.
Blodgett of Cerro Gordo moved that the bill as amended by the
Senate and concurred in by the House, be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2514)
The ayes were, 60:
Arnold 	Barry 	Bell 	Blodgett 
Boddicker 	Boggess 	Bradley 	Brand 
Brauns 	Brunkhorst 	Cataldo 	Chiodo 
Cohoon 	Corbett, Spkr. 	Cormack 	Dinkla 
Dix 	Dolecheck 	Drake 	Eddie 
Garman 	Gipp 	Greig 	Greiner 
Gries 	Grundberg 	Hahn 	Hansen 
Heaton 	Holmes 	Houser 	Huseman 
Jacobs 	Jenkins 	Klemme 	Kremer 
Lamberti	Lord 	Martin 	Mertz 
Metcalf 	Meyer 	Millage 	Nelson 
O'Brien 	Rants 	Rayhons 	Siegrist 
Sukup 	Teig 	Thomas 	Thomson 
Tyrrell 	Van Fossen	Van Maanen 	Veenstra 
Weidman 	Welter 	Wise 	Carroll,
			  Presiding
The nays were, 36:
Bernau 	Bukta 	Burnett 	Chapman 
Connors 	Dotzler 	Drees 	Falck 
Fallon 	Foege 	Frevert 	Holveck 
Huser 	Jochum 	Kinzer 	Koenigs 
Kreiman 	Larkin 	Larson 	Mascher 
May 	Moreland 	Mundie 	Murphy 
Myers 	Osterhaus 	Reynolds-Knight 	Richardson 
Scherrman 	Schrader 	Shoultz 	Taylor 
Warnstadt 	Weigel 	Whitead 	Witt 
Absent or not voting, 4:
Churchill 	Doderer 	Ford	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 2514 be immediately messaged to the Senate.
RULES SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend the rules for the commitee on appropriations to meet
at 8:00 a.m., Wednesday, April 15, 1998.
SENATE MESSAGES CONSIDERED
Senate File 2284, by committee on ways and means, a bill for
an act relating to rural improvement zones.
Read first time and passed on file.
Senate File 2412, by committee on appropriations, a bill for
an act relating to linked investment deposits by providing a
low-interest loan program to assist persons involved in
value-added agricultural processing.
Read first time and referred to committee on appropriations.

MOTIONS TO RECONSIDER
(House File 2546)
I move to reconsider the vote by which House File 2546 passed
the House on April 14, 1998.
CORMACK of Webster
(Amendment H-9021 to House File 2164)
I move to reconsider the vote by which amendment H-9021 to House
File 2164 was adopted by the House on April 14, 1998.
GREINER of Washington
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on April 9,
1998. Had I been present, I would have voted "aye" on House
Files 2049, 2335, 2538, amendments H-8746 and H-9025 to House
File 2538, Senate Files 2268, 2313, 2410, amendments H-8989 and
H-9053 to Senate File 2410.
I was necessarily absent from the House chamber on April 13,
1998. Had I been present, I would have voted "aye" on House
Files 8, 2120, 2175, 2290, 2400, 2472, 2487, 2517, amendments
H-8040 and H-9111 to Senate File 492, Senate Files 466, 2311 and
"nay" on House File 2494 and Senate File 492.
CATALDO of Polk
I was necessarily absent from the House chamber on the afternoon
of April 13, 1998. Had I been present, I would have voted "aye"
on House File 2517.
MORELAND of Wapello
I was necessarily absent from the House chamber on April 13,
1998. Had I been present, I would have voted "aye" on House
Files 2120, 2175, 2290, 2400, 2472, 2487 and Senate Files 187,
466 and 2311.
MUNDIE of Webster
BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports
that the following bills have been examined and found correctly
enrolled, signed by the Speaker of the House and the President
of the Senate, and presented to the Governor for his approval on
this 14th day of April, 1998: House Files 382, 2162, 2169, 2271,
2281, 2454, 2473, 2495 and 2528.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on April 13, 1998, he approved and transmitted to the Secretary
of State the following bill:
House File 2211, an act relating to the liability for and
payment of certain costs and other expenses relating to certain
inmates, prisoners, and escapees.
Also: That on April 14, 1998, he approved and transmitted to the
Secretary of State the following bills:
House File 2135, an act relating to a mid-America port
commission agreement and providing an effective date.
Senate File 2364, an act relating to the sales, services, and
use taxes exemption for the sales of food and beverages for
human consumption by certain organizations, providing refunds,
and including effective and retroactive applicability date
provisions.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Forty-five 5th grade students from Studebaker Elementary, Des
Moines, accompanied by Lorinda McCullough.  By Chiodo of Polk.
Forty 5th grade students from Winterset Middle School,
Winterset, accompanied by Mrs. Olson, Mrs. Waltz and parents. 
By Dinkla of Guthrie.
Thirty-five 5th grade students from Winterset Middle School,
Winterset, accompanied by Carol Liechty.  By Dinkla of Guthrie
and Weidman of Cass.
Fifty-two 5th grade students from BCLUW Middle School, Union,
accompanied by Mr. Simpson and Mr. Ehn.  By Dix of Butler and
Sukup of Franklin.
Seventeen students from Creston High School, Creston,
accompanied by Jodi Emerson.  By Dolecheck of Ringgold.
Seventy-five 8th grade students from Emmetsburg Middle School,
Emmetsburg, accompanied by Sarah Fandel, Linda Jones, Jim
Willmore, Bob Kenny and Dave Ballman.  By Frevert of Palo Alto.
Fifty-six 5th grade students from Rex Mathes Elementary, West
Des Moines, accompanied by Thalya Hanson and Judy Coldiron.  By
Jacobs of Polk.
Fifty 5th grade students from Grant Elementary, Oskaloosa,
accompanied by Mrs. Johnson and Mrs. Mattix.  By Van Maanen of
Marion.
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\463	Abraham Lincoln High School, Coach Carole Dickey and
Assistant Coach Gary Dickey, Jr., Des Moines - For winning the
State High School Mock Trial Championship.
1998\464	Virgil Uriell, Elkader - For celebrating his 90th
birthday.
1998\465	Bertha Walter, Luana - For celebrating her 90th
birthday.
1998\466	Virgil and Christina Niehaus, Guttenberg - For
celebrating their 50th wedding anniversary.
1998\467	Melvin and Mary Young, Marquette - For celebrating
their 50th wedding anniversary.
1998\468	Charles and Kay Derr, Fairfield - For celebrating their
40th wedding anniversary.
1998\469	Dale and Mildred Krumboltz, Fairfield - For celebrating
their 60th wedding anniversary.
1998\470	Linus and Rita Bodensteiner, New Hampton - For
celebrating their 50th wedding anniversary.
1998\471	Irene Wessel, New Hampton - For celebrating her 90th
birthday.
1998\472	Ray and Ruth Langreck, Cresco - For celebrating their
50th wedding anniversary.
1998\473	Vince and Betty Neubauer, Cresco - For celebrating
their 50th wedding anniversary.
1998\474	Arlene and Jerry Kruchek, Protivin - For celebrating
their 50th wedding anniversary.
1998\475	Joe Bormann, Fredericksburg - For being named to the
1997-98 Second Team Des Moines Register All-State Basketball.
1998\476	Ron Rominger, Fairfield - For his 41 years of service
to The Fairfield Ledger.
1998\477	Leo and Jean Benda, Toledo - For celebrating their 50th
wedding anniversary.
1998\478	Mr. and Mrs. Thomas Gatrel, Numa - For celebrating
their 65th wedding anniversary.
1998\479	Jesse Ray Saathoff, Ankeny - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
RESOLUTIONS FILED
SCR 113, by committee on natural resources and environment, a
concurrent resolution requesting the establishment of a
conference to study the protection of the Loess Hills areas of
this state.
Laid over under Rule 25.
SCR 115, by Drake, Maddox, Iverson, Gronstal, Horn, Jensen,
Kibbie, and Fink, a concurrent resolution urging federal
Congressional support for widows and widowers under the federal
Railroad Retirement Act of 1974.
Laid over under Rule 25.
AMENDMENTS FILED

H-9147	H.F.	2551	Lord of Dallas
H-9148	S.F.	58	Bernau of Story
H-9149	S.F.	58	Fallon of Polk
H-9150	S.F.	58	Fallon of Polk
				Witt of Black Hawk
H-9152	H.C.R.	109	Burnett of Story
H-9153	H.F.	2555	Burnett of Story
				Bradley of Clinton
H-9155	S.F.	367	Kreiman of Davis
H-9157	S.F.	2381	Mascher of Johnson
H-9158	S.F.	2416	Larson of Linn
	Wise of Lee			Myers of Johnson
	Cormack of Webster		Osterhaus of Jackson
	Foege of Linn		Jochum of Dubuque
H-9159	S.F.	2416	Larson of Linn
	Wise of Lee			Myers of Johnson
	Cormack of Webster		Thomson of Linn
	Bernau of Story		Churchill of Polk
	Boddicker of Cedar		Hahn of Muscatine
	Nelson of Marshall		Foege of Linn
	Osterhaus of Jackson	O'Brien of Boone
H-9160	H.F.	2555	Jenkins of Black Hawk
	Bradley of Clinton		Witt of Black Hawk
	Burnett of Story		Shoultz of Black Hawk
	Dotzler of Black Hawk
H-9161	S.F.	58	Fallon of Polk
H-9162	H.F.	2498	Brunkhorst of Bremer
				Millage of Scott
H-9166	H.F.	2498	Chiodo of Polk
H-9168	H.F.	2498	Huser of Polk
H-9169	H.F.	2498	Garman of Story
				Holveck of Polk
H-9170	S.F.	58	Fallon of Polk
H-9171	S.F.	547	Greig of Emmet
				Holmes of Scott
H-9172	S.F.	2381	Richardson of Warren
H-9173	S.F.	2345	Boddicker of Cedar
H-9174	H.F.	2558	Gipp of Winneshiek
H-9175	H.F.	2558	Heaton of Henry
H-9176	H.F.	2498	Huser of Polk
On motion by Siegrist of Pottawattamie, the House adjourned at
8:56 p.m., until 8:45 a.m., Wednesday, April 15, 1998.

© 1998 Cornell College and League of Women Voters of Iowa

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