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House Journal: Wednesday, April 15, 1998

Ninety-fourth Calendar Day - Sixty-third Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, April 15, 1998
The House met pursuant to adjournment at 8:50 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend Robert Connors, Union Park
Christian Church, Des Moines.
The Journal of Tuesday, April 14, 1998 was approved.
PETITION FILED
The following petition was received and placed on file:
By Thomas of Clayton, from twenty-one Area I K-12
superintendents, Keystone AEA administrator and northeast Iowa
community college president favoring Senate Study Bill 2209,
oversight and communications appropriations and upgrade of the
ICN network during this legislative session.
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 to the Senate amendment, and passed the following bill
in which the concurrence of the Senate was asked:
House File 667, a bill for an act relating to the Iowa
administrative procedure Act and providing an effective and
applicability date.
Also: That the Senate has on April 14, 1998, passed the
following bill in which the concurrence of the Senate was asked:
House File 2153, a bill for an act providing that member
contributions under certain public retirement systems are
considered employer contributions for state income tax purposes,
and providing effective and applicability date provisions.
Also: That the Senate has on April 14, 1998, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 2496, a bill for an act relating to public retirement
systems, and providing effective, implementation, and
applicability dates.
Also: That the Senate has on April 14, 1998, concurred in the
House amendment to the Senate amendment, and passed the
following bill in which the concurrence of the Senate was asked:
House File 2539, a bill for an act relating to and making
appropriations to the justice system and providing effective
dates.
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 119, a concurrent resolution
requesting the Legislative Council to establish a sentencing
commission.
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 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.
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 2377, a bill for an act relating to the sixth
judicial district pilot probation revocation project and
providing for effective dates and for repeal of the pilot
project provisions.
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 2406, a bill for an act establishing a school ready
children grant program to be administered by community
empowerment area boards and the Iowa empowerment board, making
an appropriation, and providing an effective date.
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 2410, a bill for an act relating to appropriations
for the department of human services and the prevention of
disabilities policy council and including other provisions and
appropriations involving human services and health care, and
providing effective dates and an applicability provision.
Also: That the Senate has on April 14, 1998, passed the
following bill in which the concurrence of the House is asked:
Senate File 2413, a bill for an act relating to exemptions from
and reductions in solid waste tonnage fees for certain persons.
MARY PAT GUNDERSON, Secretary
SENATE AMENDMENT CONSIDERED
Blodgett of Cerro Gordo called up for consideration House File
2166, a bill for an act relating to regulation of food
establishments and 
providing for fees and penalties and providing an effective
date, amended by the Senate amendment H-8996 as follows:

H-8996

 1     Amend House File 2166, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 4, by striking line 16 and inserting the
 4   following:  "of forty-five degrees Fahrenheit or seven
 5   degrees Celsius or".
 6     2.  Page 4, by striking lines 20 through 31.
 7     3.  Page 4, line 32, by inserting after the word
 8   "home" the following:  "where food is prepared or
 9   stored for family consumption".
10     4.  Page 4, line 32, by inserting after the word
11   "or" the following:  "in".
12     5.  Page 6, line 32, by striking the word "A" and
13   inserting the following:  "Places used by a".
14     6.  Page 6, line 34, by striking the word "is" and
15   inserting the following:  "are".
16     7.  Page 7, line 8, by striking the words "not
17   potentially" and inserting the following:
18   "nonpotentially".
19     8.  Page 7, by inserting after line 15 the
20   following:
21     "6A.  3-301.11(B) shall be amended by deleting the
22   section and replacing it with the following:
23     (1)  Except when washing fruits and vegetables,
24   food employees should, to the extent practicable,
25   avoid contact with exposed, ready-to-eat food with
26   their bare hands.  Where ready-to-eat food is
27   routinely handled by employees, employers should adopt
28   reasonable sanitary procedures to reduce the risk of
29   the transmission of pathogenic organisms.
30     (2)  In seeking to minimize employees' physical
31   contact with ready-to-eat foods, no single method or
32   device is universally practical or necessarily the
33   most effective method to prevent the transmission of
34   pathogenic organisms in all situations.  As such, each
35   public food service establishment shall review its
36   operations to identify procedures where ready-to-eat
37   food must be routinely handled by its employees and
38   adopt one or more of the following sanitary
39   alternatives, to be used either alone or in
40   combination, to prevent the transmission of pathogenic
41   organisms:
42     (a)  The use of suitable food handling materials
43   including, but not limited to, deli tissues,
44   appropriate utensils, or dispensing equipment.  Such
45   materials must be used in conjunction with thorough
46   hand washing practices in accord with paragraph (c).
47     (b)  The use of single-use gloves, for the purpose
48   of preparing or handling ready-to-eat foods, shall be
49   discarded when damaged or soiled or when the process
50   of food preparation or handling is interrupted.

Page 2  

 1   Single-use gloves must be used in conjunction with
 2   thorough hand washing practices in accord with
 3   paragraph (c).
 4     (c)  The use, pursuant to the manufacturer's
 5   instructions, of anti-microbial soaps, with the
 6   additional optional use of anti-bacterial protective
 7   skin lotions or anti-microbial hand sanitizers,
 8   rinses, or dips.  All such soaps, lotions, sanitizers,
 9   rinses, and dips must contain active topical anti-
10   microbial or anti-bacterial ingredients, registered by
11   the United States environmental protection agency,
12   cleared by the United States food and drug
13   administration, and approved by the United States
14   department of agriculture.
15     (d)  The use of such other practices, devices, or
16   products that are found by the division to achieve a
17   comparable level of protection to one or more of the
18   sanitary alternatives in paragraphs (a) through (c).
19     (3)  Regardless of the sanitary alternatives in
20   use, each public food service establishment shall
21   establish:
22     (a)  Systematic focused education and training of
23   all food service employees involved in the identified
24   procedures regarding the potential for transmission of
25   pathogenic organisms from contact with ready-to-eat
26   food.  The importance of proper hand washing and
27   hygiene in preventing the transmission of illness, and
28   the effective use of the sanitary alternatives and
29   monitoring systems utilized by the public food service
30   establishment, shall be reinforced.  The content and
31   duration of this training shall be determined by the
32   manager of the public food service establishment.
33     (b)  A monitoring system to demonstrate the proper
34   and effective use of the sanitary alternatives
35   utilized by the public food service establishment."
36     9.  Page 8, line 17, by inserting after the word
37   "functions." the following:  "A municipal corporation
38   may only enter into an agreement to enforce the Iowa
39   food code pursuant to this section if it also agrees
40   to enforce the Iowa hotel sanitation code pursuant to
41   section 137C.6."
42     10.  Page 9, lines 19 and 20, by striking the
43   words "open or operate a food establishment or food
44   processing plant" and inserting the following:
45   "operate a food establishment or food processing plant
46   to provide goods or services to the general public, or
47   open a food establishment to the general public,".
48     11.  Page 10, line 12, by striking the word
49   "seventy-five" and inserting the following:  "twenty".
50     12.  Page 10, lines 18 and 19, by striking the

Page 3

 1   words "or a section of a food establishment,".
 2     13.  Page 10, line 20, by striking the word
 3   "service," and inserting the following:  "service
 4   intended for consumption on-the-premises,".
 5     14.  Page 10, line 21, by inserting after the word
 6   "gross" the following:  "food and beverage".
 7     15.  Page 10, line 23, by striking the word
 8   "sixty" and inserting the following:  "fifty".
 9     16.  Page 10, line 25, by striking the words
10   "dollars, one hundred" and inserting the following:
11   "dollars, eighty-five".
12     17.  Page 10, line 28, by striking the words
13   "dollars, two" and inserting the following:  "dollars,
14   one".
15     18.  Page 10, line 29, by inserting after the word
16   "hundred" the following:  "seventy-five".
17     19.  Page 10, by striking line 31 and inserting
18   the following:  "dollars but less than five hundred
19   thousand dollars, two hundred dollars".
20     20.  Page 10, by inserting after line 31 the
21   following:
22     "e.  Annual gross sales of five hundred thousand
23   dollars or more, two hundred twenty-five dollars."
24     21.  Page 10, lines 32 and 33, by striking the
25   words "or section of a food establishment,".
26     22.  Page 11, line 1, by inserting after the word
27   "gross" the following:  "food and beverage".
28     23.  Page 11, line 16, by inserting after the word
29   "gross" the following:  "food and beverage".
30     24.  Page 11, line 29, by inserting after the word
31   "fees" the following:  "not to exceed seventy-five
32   percent of the total fees applicable".
33     25.  Page 14, line 12, by striking the words
34   "commits a simple misdemeanor" and inserting the
35   following:  "shall be subject to a civil penalty of
36   one hundred dollars for each violation".
37     26.  By renumbering, relettering, or redesignating
38   and correcting internal references as necessary.
Blodgett of Cerro Gordo offered the following amendment H-9123,
to the Senate amendment H-8996, filed by him and moved its
adoption:

H-9123

 1     Amend the Senate amendment, H-8996, to House File
 2   2166, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 3, by striking lines 30 through 32.
 5     2.  By renumbering as necessary.
A non-record roll call was requested.
The ayes were 30, nays 56.
Amendment H-9123 lost.
Blodgett of Cerro Gordo offered the following amendment H-9122,
to the Senate amendment H-8996, filed by him and moved its
adoption:

H-9122

 1     Amend the Senate amendment, H-8996, to House File
 2   2166, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 3, by striking lines 7 through 23.
 5     2.  By renumbering as necessary.
A non-record roll call was requested.
The ayes were 23, nays 44.
Amendment H-9122 lost.
On motion by Blodgett of Cerro Gordo the House concurred in the
Senate amendment H-8996.
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. 2166)

The ayes were, 98:

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

The nays were, 2:

Falck 	Larson 

Absent or not voting, none.

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
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 15, 1998, adopted the following
resolution in which the concurrence of the Senate was asked:
House Concurrent Resolution 120, a concurrent resolution
congratulating Dr. Joan Roberts for being named the 1997 Iowa
Secondary Principal of the Year.
Also: That the Senate has on April 15, 1998, adopted the
following resolution in which the concurrence of the House is
asked:
Senate Concurrent Resolution 116, a concurrent resolution
congratulating Dr. Joan Roberts for being named the 1997 Iowa
Secondary Principal of the Year.
MARY PAT GUNDERSON, Secretary

CONSIDERATION OF BILLS
Unfinished Business Calendar
Senate File 2038, a bill for an act relating to disqualification
from voting or registering to vote for reasons of mental
incompetence, with report of committee recommending amendment
and passage, was taken up for consideration.
Jochum of Dubuque offered the following amendment H-9047 filed
by her and Grundberg of Polk and moved its adoption:

H-9047

 1     Amend Senate File 2038, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by striking lines 3 through 8 and
 4   inserting the following:
 5     "3.  "Person who is mentally incompetent to vote"
 6   means a person who has been legally determined to be
 7   severely or profoundly mentally retarded, or has been
 8   found incompetent to lack the mental capacity to
vote
 9   in a proceeding held pursuant to section 229.27
222.31
10   or 633.556."
11     2.  By striking page 2, line 29, through page 3,
12   line 18.
13     3.  Page 3, by striking lines 25 through 27 and
14   inserting the following:  "persons who at any time
15   during the preceding calendar month have been legally
16   declared to be mentally incompetent to vote."
Amendment H-9047 was adopted.
Jochum of Dubuque 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. 2038)

The ayes were, 99:

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

Absent or not voting, 1:

Murphy

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House File 2166 and Senate File 2038.
ADOPTION OF HOUSE RESOLUTION 106
Fallon of Polk asked and received unanimous consent for the
immediate consideration of House Resolution 106, a resolution
congratulating Ms. Ruth Ann Gaines for being named the Iowa
Teacher of the Year for 1998, and moved its adoption.
The motion prevailed and the resolution was adopted.
Fallon of Polk introduced Ms. Gaines who briefly addressed the
House.
The House rose and expressed its welcome.
SPECIAL PRESENTATION
Conners of Polk introduced Dr. Joan Roberts, the 1997 Iowa
Secondary Principal of the Year who briefly addressed the House.
The House rose and expressed its welcome.
ADOPTION OF HOUSE CONCURRENT RESOLUTION 121
Thomas of Clayton asked and received unanimous consent for the
immediate consideration of House Concurrent Resolution 121, a
concurrent resolution recognizing and honoring members of the
Save the Backbone Lake Committee who participated in the
restoration of Backbone Lake in Backbone State Park, and moved
its adoption.
The motion prevailed and the resolution was adopted.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House Concurrent Resolution 121 be immediately messaged to
the Senate.
Appropriations Calendar
The House resumed consideration of  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, previously
deferred, and amendment H-9167 found on pages 1617 through 1619
of the House Journal.
Heaton of Henry offered the following amendment H-9175, to 
amendment H-9167 filed by him and moved its adoption:

H-9175

 1     Amend the amendment, H-9167, to House File 2558 as
 2   follows:
 3     1.  Page 1, by striking lines 23 through 49.
Amendment H-9175 was adopted.
Heaton of Henry moved the adoption of amendment H-9167, as
amended.
Amendment H-9167, as amended, was adopted.
Gipp of Winneshiek offered the following amendment H-9174 filed
by him and moved its adoption:

H-9174

 1     Amend House File 2558 as follows:
 2     1.  Page 9, line 20, by striking the word
 3   "syndrome" and inserting the following:  "syndrome,
 4   who, due to their disability, experience limitations
 5   in three or more of the major life activities as
 6   defined in the federal Developmental Disability
 7   Assistance and Bill of Rights Act, Pub. L. No. 101-
 8   496,".
Amendment H-9174 was adopted.
Houser of Pottawattamie moved that the bill be read a last time
now and placed upon its passage which motion prevailed and the
bill was read a last time.
On the question "Shall the bill pass?" (H.F. 2558)

The ayes were, 97:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker 	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	Cataldo 	Chapman 
Chiodo 	Cohoon 	Connors 	Cormack 
Dinkla 	Dix 	Doderer 	Dolecheck 
Dotzler 	Drake 	Drees 	Eddie 
Falck 	Fallon 	Foege 	Ford 
Frevert 	Garman 	Gipp 	Greig 
Greiner 	Gries 	Grundberg 	Hahn 
Hansen 	Heaton 	Holmes 	Holveck 
Houser 	Huseman 	Huser 	Jacobs 
Jenkins 	Jochum 	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 Maanen 	Vande Hoef 
Veenstra 	Warnstadt 	Weidman 	Weigel 
Welter 	Whitead 	Wise	Witt 
Mr. Speaker
  Corbett

The nays were, none.

Absent or not voting, 3:

Churchill 	Kinzer 	Van Fossen

The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
Speaker pro tempore Van Maanen of Marion in the chair at 10:26
a.m.
Ways and Means Calendar
House File 2550, a bill for an act exempting services provided
by licensed massage therapists from the state services tax, was
taken up for consideration.
Lord of Dallas 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. 2550)

The ayes were, 96:

Arnold 	Barry 	Bell 	Blodgett 
Boddicker 	Boggess 	Bradley 	Brand
Brauns 	Brunkhorst 	Bukta 	Burnett 
Carroll 	Cataldo 	Chiodo 	Churchill 
Cohoon 	Connors 	Corbett, Spkr. 	Cormack 
Dinkla 	Dix 	Doderer 	Dolecheck 
Dotzler 	Drake 	Drees 	Eddie 
Falck 	Fallon 	Foege 	Ford 
Garman 	Gipp 	Greig 	Greiner 
Gries 	Grundberg 	Hahn 	Hansen 
Heaton 	Holmes 	Holveck 	Houser 
Huseman 	Huser 	Jacobs 	Jenkins 
Jochum 	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, 2:

Bernau 	Chapman 

Absent or not voting, 2:

Frevert 	Kinzer

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
SENATE AMENDMENTS CONSIDERED
Martin of Scott called up for consideration House File 2496, a
bill for an act relating to public retirement systems, and
providing effective, implementation, and applicability dates,
amended by the Senate, and moved that the House concur in the
following Senate amendment H-9180:

H-9180

 1     Amend House File 2496, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 20, line 15, by inserting after the word
 4   "years," the following:  "the department shall provide
 5   written notification to the member that".
 6     2.  By striking page 51, line 35, through page 52,
 7   line 2, and inserting the following:  "context
 8   otherwise provides:
 9     a.  "Member" means a vested member who is
10   classified as a special service member under section
11   97B.1A, subsection 21, at the time of the alleged
12   disability.
13     b.  "Net disability retirement allowance" means the
14   amount determined by subtracting the amount paid
15   during the previous calendar year by the member for
16   health insurance or similar health care coverage for
17   the member and the member's dependents from the amount
18   of the member's disability retirement allowance paid
19   for that year pursuant to this section.
20     c.  "Reemployment comparison amount" means an
21   amount equal to the current covered wages of an active
22   special service member at the same position on the
23   salary scale within the rank or position the member
24   held at the time the member received a disability
25   retirement allowance pursuant to this section.  If the
26   rank or position held by the member at the time of
27   retirement pursuant to this section is abolished, the
28   amount shall be computed by the department as though
29   the rank or position had not been abolished and salary
30   increases had been granted on the same basis as
31   granted to other ranks or positions by the former
32   employer of the member.  The reemployment comparison
33   amount shall not be less than the three-year average
34   covered wage of the member."
35     3.  Page 52, line 4, by striking the words
36   "Effective July 1, 1999, a" and inserting the
37   following:  "A".
38     4.  Page 52, by striking lines 10 and 11 and
39   inserting the following:  "97B.49G, as applicable."
40     5.  Page 52, line 28, by inserting after the word
41   "commenced." the following:  "A member who is denied a
42   benefit under this subsection, by reason of a finding
43   by the department that the member is not mentally or
44   physically incapacitated for the further performance
45   of duty, shall be entitled to be restored to active
46   service in the same or comparable special service
47   position held by the member immediately prior to the
48   application for disability benefits."
49     6.  Page 53, line 2, by inserting after the word
50   "commenced" the following:  ", the presumption

Page 2  

 1   established in this paragraph shall not apply".
 2     7.  Page 53, line 5, by striking the word
 3   "greatest" and inserting the following:  "greater".
 4     8.  Page 53, line 6, by striking the words
 5   "subsection, a" and inserting the following:
 6   "subsection or a".
 7     9.  Page 53, lines 8 through 10, by striking the
 8   words ", or a disability retirement allowance
 9   calculated under section 97B.50, subsection 2".
10     10.  Page 53, line 16, by striking the words and
11   figures "Effective July 1, 1999, a" and inserting the
12   following:  "A".
13     11.  Page 53, by striking lines 21 and 22 and
14   inserting the following:  "97B.49G, as applicable."
15     12.  Page 54, line 1, by inserting after the word
16   "commenced." the following:  "A member who is denied a
17   benefit under this subsection, by reason of a finding
18   by the department that the member is not mentally or
19   physically incapacitated for the further performance
20   of duty, shall be entitled to be restored to active
21   service in the same or comparable special service
22   position held by the member immediately prior to the
23   application for disability benefits."
24     13.  Page 54, line 3, by striking the word
25   "greatest" and inserting the following:  "greater".
26     14.  Page 54, line 5, by striking the words
27   "subsection, a" and inserting the following:
28   "subsection or a".
29     15.  Page 54, lines 7 and 8, by striking the words
30   ", or a disability retirement allowance calculated
31   under section 97B.50, subsection 2".
32     16.  Page 54, by inserting after line 12 the
33   following:
34     "___.  WAIVER OF ALLOWANCE.  A member receiving a
35   disability retirement allowance under this section may
36   file an application to receive benefits pursuant to
37   section 97B.50, subsection 2, in lieu of receiving a
38   disability retirement allowance under the provisions
39   of this section, if the member becomes eligible for
40   benefits under section 97B.50, subsection 2.  An
41   application to receive benefits pursuant to section
42   97B.50, subsection 2, shall be filed with the
43   department within sixty days of becoming eligible for
44   benefits pursuant to that section or the member shall
45   be ineligible to elect coverage under that section.
46   On the first of the month following the month in which
47   a member's application is approved by the department,
48   the member's election of coverage under section
49   97B.50, subsection 2, shall become effective and the
50   member's eligibility to receive a disability

Page 3

 1   retirement allowance pursuant to this section shall
 2   cease.  Benefits payable pursuant to section 97B.50,
 3   subsection 2, shall be calculated using the option
 4   choice the member selected for payment of a disability
 5   retirement allowance pursuant to this section.  An
 6   application to elect coverage under section 97B.50,
 7   subsection 2, is irrevocable upon approval by the
 8   department."
 9     17.  Page 55, line 18, by inserting after the word
10   "members." the following:  "If a member receiving a
11   disability retirement allowance returns to special
12   service employment, then the period of time the member
13   received a disability retirement allowance shall
14   constitute eligible service as defined in section
15   97B.49B, subsection 1, or section 97B.49C, subsection
16   1, as applicable."
17     18.  Page 55, by striking lines 21 through 27 and
18   inserting the following:
19     "b.  (1)  If a member receiving a disability
20   retirement allowance is engaged in a gainful
21   occupation that is not covered employment, the
22   member's disability retirement allowance shall be
23   reduced, if applicable, as provided in this paragraph.
24     (2)  If the member is engaged in a gainful
25   occupation paying more than the difference between the
26   member's net disability retirement allowance and one
27   and one-half times the reemployment comparison amount
28   for that member, then the amount of the member's
29   disability retirement allowance shall be reduced to an
30   amount such that the member's net disability
31   retirement allowance plus the amount earned by the
32   member shall equal one and one-half times the
33   reemployment comparison amount for that member.
34     (3)  The member shall submit sufficient
35   documentation to the system to permit the system to
36   determine the member's net disability retirement
37   allowance and earnings from a gainful occupation that
38   is not covered employment for the applicable year.
39     (4)  This paragraph does not apply to a member who
40   is at least fifty-five years of age and would have
41   completed a sufficient number of years of service if
42   the member had remained in active special service
43   employment.  For purposes of this subparagraph, a
44   sufficient number of years of service shall be twenty-
45   five for a special service member as described in
46   section 97B.49B or twenty-two years of service for a
47   special service member as described in section
48   97B.49C."
49     19.  Page 58, by striking lines 8 through 10 and
50   inserting the following:  "submit to the department

Page 4

 1   any documentation the department".
 2     20.  Page 58, by inserting after line 16 the
 3   following:
 4     "12.  APPLICABILITY - RETROACTIVITY.
 5     a.  This section applies to a member who becomes
 6   disabled on or after July 1, 1999, and also applies to
 7   a member who becomes disabled prior to July 1, 1999,
 8   if the member has not terminated special service
 9   employment as of June 30, 1999.
10     b.  To qualify for benefits under this section, a
11   member must file a completed application with the
12   department within one year of the member's termination
13   of employment.  A member eligible for a disability
14   retirement allowance under this section is entitled to
15   receipt of retroactive adjustment payments for no more
16   than six months immediately preceding the month in
17   which the completed application for receipt of a
18   disability retirement allowance under this section is
19   approved."
20     21.  Page 78, by striking lines 5 through 14 and
21   inserting the following:  "chapter 97B based upon any
22   of the following:
23     (a)  Meeting the requirements for receiving
24   retirement benefits pursuant to chapter 97B based upon
25   having attained at least sixty-two years of age and
26   upon having completed at least thirty years of
27   membership service.
28     (b)  Meeting the requirements for receiving
29   benefits under section 97B.49, subsection 16, without
30   a reduction for years of service pursuant to section
31   97B.49, subsection 16, paragraph".
32     22.  Page 80, line 4, by striking the figure
33   "1993" and inserting the following:  "1991 or 1993, as
34   applicable".
35     23.  Page 80, line 19, by striking the word and
36   figures "November 1, 1993" and inserting the
37   following:  "January 1, 1992".
38     24.  Page 80, line 22, by striking the word and
39   figure "Code 1993" and inserting the following:  "Code
40   1991 or 1993, as applicable".
41     25.  Page 81, by inserting after line 19 the
42   following:
43     "Sec. ___.  STUDY OF ESTABLISHMENT OF A BENEFITS
44   ADVISORY BOARD.  The public employees' retirement
45   system division shall study the possible establishment
46   of a benefits advisory board and shall make
47   recommendations concerning the establishment of a
48   benefits advisory board.  The study shall consider the
49   duties to be assigned to a potential benefits advisory
50   board, the membership of the board and the manner of

Page 5

 1   selecting members to the board, and the authority of
 2   the board concerning any recommendations it may be
 3   empowered to make concerning benefits to be provided
 4   to members of the Iowa public employees' retirement
 5   system.  The division shall submit a report concerning
 6   the results of its study to the general assembly on or
 7   before January 8, 1999, and shall include its findings
 8   and any recommended proposal or proposals."
 9     26.  Page 86, by inserting after line 24 the
10   following:
11     "Sec. ___.  Section 411.15, Code 1997, is amended
12   to read as follows:
13     411.15  HOSPITALIZATION AND MEDICAL ATTENTION.
14     Cities shall provide hospital, nursing, and medical
15   attention for the members of the police and fire
16   departments of the cities, when injured while in the
17   performance of their duties as members of such
18   department, and shall continue to provide hospital,
19   nursing, and medical attention for injuries or
20   diseases incurred while in the performance of their
21   duties for members receiving a retirement allowance
22   under section 411.6, subsection 6, and the.  Cities
23   may provide the hospital, nursing, and medical
24   attention required by this section through the
25   purchase of insurance, by self-insuring the
26   obligation, or through payment of moneys into a local
27   government risk pool established for the purpose of
28   covering the costs associated with the requirements of
29   this section.  The cost of providing the hospital,
30   nursing, and medical attention required by this
31   section shall be paid from moneys held in a trust
and
32   agency fund established pursuant to section 384.6, or
33   out of the appropriation for the department to which
34   the injured person belongs or belonged; provided that
35   any amounts received by the injured person under the
36   workers' compensation law of the state, or from any
37   other source for such specific purposes, shall be
38   deducted from the amount paid by the city under the
39   provisions of this section."
40     27.  Page 87, line 34, by striking the words "city
41   administrator,".
42     28.  By renumbering, relettering, or redesignating
43   and correcting internal references as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-9180.
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. 2496)

The ayes were, 97:

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

Frevert	Huser

Under the provision of Rule 76, conflict of interest, Fallon of
Polk refrained from voting. 
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House Files 2550 and 2496.
Houser of Pottawattamie called up for consideration Senate File
2410, a bill for an act relating to appropriations for the
department of human services and the prevention of disabilities
policy council and including other provisions and appropriations
involving human services and health care, and providing
effective dates and an applicability provision, amended by the
House, further amended by the Senate and moved that the House
concur in the following Senate amendment H-9178:
H-9178

 1     Amend the House amendment, S-5618, to Senate File
 2   2410 as amended, passed, and reprinted by the Senate,
 3   as follows:
 4     1.  Page 1, by inserting after line 2 the
 5   following:
 6     "   .  Page 2, by striking line 17 and inserting
 7   the following:  "provided to community empowerment
 8   areas for the fiscal year beginning July 1, 1998, in
 9   accordance with all of the following:
10     a.  The area must be approved as a community
11   empowerment area by the Iowa empowerment board.
12     b.  The maximum funding amount a community
13   empowerment area is eligible to receive shall be
14   determined by applying the area's percentage of the
15   state's average monthly family investment program
16   population in the preceding fiscal year to the total
17   amount appropriated in this section for fiscal year
18   1998-1999.  If the community empowerment board's
19   request for funding is received by the Iowa
20   empowerment board on or after August 1, 1998, the
21   maximum funding amount shall be prorated for the
22   fiscal year and rounded up to the nearest full month.
23     c.  A community empowerment area receiving funding
24   shall comply with any federal reporting requirements
25   associated with the use of that funding and other
26   results and reporting requirements established by the
27   Iowa empowerment board.  The department shall provide
28   technical assistance in identifying and meeting the
29   federal requirements.
30     d.  The availability of funding provided under this
31   section is subject to changes in federal requirements
32   and amendments to Iowa law.""
33     2.  Page 1, by inserting after line 6 the
34   following:
35     "   .  Page 3, by inserting after line 2 the
36   following:
37     "3.  Moneys appropriated in this section which are
38   not distributed to a community empowerment area or
39   otherwise remain unobligated or unexpended at the end
40   of the fiscal year shall revert to the fund created in
41   section 8.41 to be available for appropriation by the
42   general assembly in a subsequent fiscal year.""
43     3.  Page 1, by striking lines 7 through 9.
44     4.  Page 4, by striking lines 1 through 3.
45     5.  Page 4, line 44, by inserting after the word
46   "beds" the following:  ", family and group foster care
47   and the state juvenile institutions".
48     6.  By striking page 5, line 50, through page 6,
49   line 1, and inserting the following:
50     "If a resignation, retirement, or dismissal
Page 2  

 1   reducing the number of full-time equivalent".
 2     7.  Page 6, line 18, by inserting after the word
 3   "predators" the following:  "including transfer of an
 4   amount, as determined by the department and the office
 5   of the attorney general, to the office of the attorney
 6   general for associated costs including not more than
 7   2.0 full-time equivalent positions, one of which shall
 8   be an attorney, in the department of justice".
 9     8.  Page 7, line 26, by striking the word "to" and
10   inserting the following:  "in".
11     9.  Page 7, line 28, by striking the words "this
12   chapter" and inserting the following:  "chapter 514I".
13     10.  Page 7, line 39, by striking the words "this
14   chapter" and inserting the following:  "chapter 514I".
15     11.  By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-9178.
Houser of Pottawattamie 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. 2410)

The ayes were, 98:

Arnold 	Barry 	Bell 	Bernau 
Blodgett	Boddicker 	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	Cataldo 	Chiodo
Churchill 	Cohoon 	Connors 	Corbett, Spkr.
Cormack 	Dinkla 	Dix 	Doderer 
Dolecheck 	Dotzler 	Drake 	Drees 
Eddie 	Falck	Fallon 	Foege 
Ford 	Frevert 	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 
Osterhaus 	Rants 	Rayhons 	Reynolds-Knight 
Richardson 	Scherrman 	Schrader 	Shoultz 
Siegrist	Sukup 	Taylor 	Teig 
Thomas 	Thomson 	Tyrrell 	Van Fossen
Vande Hoef 	Veenstra 	Warnstadt 	Weidman 
Weigel 	Welter 	Whitead 	Wise 
Witt 	Van Maanen,
	  Presiding

The nays were, 2:

Chapman 	O'Brien 

Absent or not voting, none.

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Grundberg of Polk called up for consideration Senate File 2406,
a bill for an act establishing a school ready children grant
program to be administered by community empowerment area boards
and the Iowa empowerment board, making an appropriation, and
providing an effective date, amended by the House, further
amended by the Senate and moved that the House concur in the
following Senate amendment H-9179:

H-9179

 1     Amend the House amendment, S-5439, to Senate File
 2   2406, as amended, passed, and reprinted by the Senate,
 3   as follows:
 4     1.  Page 1, by striking lines 5 through 8 and
 5   inserting the following:
 6     "Section 1.  PURPOSE.  The purpose of this Act is
 7   to create a partnership between communities and state
 8   government by gradually implementing a statewide
 9   system of community empowerment areas.  An important
10   initial emphasis of the community empowerment areas is
11   to improve the well-being of families with young
12   children.  An additional emphasis".
13     2.  Page 4, by striking lines 41 through 45 and
14   inserting the following:  "county boundaries to the
15   extent possible."
16     3.  Page 5, by inserting after line 41 the
17   following:
18     "__.  A child day care resource and referral
19   service.
20     __.  A library."
21     4.  Page 7, line 3, by inserting after the word
22   "including" the following:  "encouraging early
23   intellectual stimulation of very young children,".
24     5.  Page 7, by striking line 27 and inserting the
25   following:  "basis to children deemed at risk of not".
26     6.  Page 7, line 31, by inserting after the word
27   "Parent" the following:  "support and".
28     7.  Page 7, line 33, by inserting after the word
29   "Parent" the following:  "support and".
30     8.  Page 7, line 41, by striking the words "care
31   services" and inserting the following:  "day care
32   services, training child day care providers to
33   encourage early intellectual stimulation of very young
34   children,".
35     9.  Page 7, line 43, by inserting after the word
36   "parent" the following:  "support and".
37     10.  Page 8, line 1, by inserting after word "age"
38   the following:  ", including the involvement and
39   specific responsibilities of all related organizations
40   and entities".
41     11.  Page 8, lines 23 and 24, by striking the
42   words "on or before October 1 of each fiscal year".
43     12.  Page 9, by inserting after line 12 the
44   following:
45     "(3)  Adequacy of plans for commitment of local
46   funding and other resources for implementation of the
47   plan.
48     d.  The Iowa board's provisions for distribution of
49   school ready grant moneys shall take into account
50   contingencies for possible increases and decreases in

Page 2  

 1   the provision of state and local funding in future
 2   fiscal years which may be used for purposes of school
 3   ready children grants and for early childhood programs
 4   grants and for differences in local capacity for
 5   program implementation and provision of local funding.
 6   In developing these provisions, the Iowa board shall
 7   consider equity concerns; options for making capacity
 8   adjustments by restricting grant amounts based on
 9   service population size groupings to accommodate
10   small, medium, and large population groupings; and
11   options for making adjustments to accommodate varying
12   amounts of time and assistance needed for
13   implementation, such as extending the grant period to
14   more than one year."
15     13.  Page 9, by striking lines 13 and 14 and
16   inserting the following:
17     "6.  The priorities for school ready children grant
18   funds shall include providing preschool services on".
19     14.  Page 9, line 15, by striking the words "four-
20   year-old".
21     15.  Page 9, line 16, by striking the words "and
22   parent" and inserting the following:  ", training
23   child day care providers and others to encourage early
24   intellectual stimulation of very young children, and
25   offering parent support and".
26     16.  Page 9, line 19, by striking the words
27   "Remaining funds" and inserting the following:  "The
28   grant funds also".
29     17.  Page 9, line 46, by inserting after the word
30   "law." the following:  "The criteria shall include but
31   are not limited to a requirement that a community
32   empowerment area must be eligible to receive a school
33   ready children grant in order to receive an early
34   childhood programs grant."
35     18.  Page 10, lines 43 and 44, by striking the
36   words "early stimulation of the brain" and inserting
37   the following:  "early intellectual stimulation at a
38   very young age".
39     19.  Page 11, by striking line 33 and inserting
40   the following:  "paid.  For the initial grants, plans
41   shall be submitted by September 1, 1998, or by January
42   1, 1999, in accordance with criteria established by
43   the board."
44     20.  Page 12, line 10, by inserting after the word
45   "area." the following:  "For an area which does not
46   encompass an innovation zone or decategorization
47   project, the chairperson of the county board of
48   supervisors may work with the local school district or
49   districts in initiating a process to designate an
50   initial community empowerment area and board."

Page 3

 1     21.  Page 12, line 14, by striking the figure
 2   "2000" and inserting the following:  "1999".
 3     22.  Page 12, by inserting after line 23 the
 4   following:
 5     "3.  An area designated as an innovation zone in
 6   accordance with section 8A.2, Code 1997, as of June
 7   30, 1998, may continue to develop the area's plans to
 8   achieve the results identified in the area's
 9   innovation zone application.  An innovation zone
10   transitioning to become a designated community
11   empowerment area shall continue to receive technical
12   assistance and guidance from the appropriate state
13   agencies.  A transitioning innovation zone may
14   continue to pursue waivers and the reallocation of
15   funds to achieve the identified results.  A
16   transitioning innovation zone may amend the zone's
17   previously approved plan to include the provisions
18   identified in section 7I.7, as enacted by this Act, as
19   necessary to be eligible for receipt of a school ready
20   children grant."
21     23.  By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-9179.
Grundberg of Polk moved that the bill, as amended by the House,
further amended by the Senate and concurred in by the House, be
read 
a last time now and placed upon its passage which motion
prevailed and the bill was read a last time.
On the question "Shall the bill pass?" (S.F. 2406)

The ayes were, 98:

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

The nays were, 1:

Kreiman 

Absent or not voting, 1:

Rayhons

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
The House resumed consideration of 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, previously deferred, and found
on pages 1593 through 1597 of the House Journal.
Thomas of Clayton offered the following amendment H-9128, to the
Senate amendment H-8994, filed by him and moved its adoption:

H-9128

 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. ___.  Section 15E.193, subsection 1,
 6   paragraph d, Code Supplement 1997, is amended to read
 7   as follows:
 8     d.  Creates at least ten full-time positions and
 9   maintains them for at least ten years.  For an
10   existing business in counties with a population of ten
11   thousand or less or in cities with a population of two
12   thousand of less, the commission may adopt a provision
13   that allows the business to create at least five
14   initial jobs with the additional jobs to be added in
15   five years.  The business shall include in its
16   strategic plan the timeline for job creation.  If the
17   existing business fails to meet the ten-job creation
18   requirement within the five-year period, all
19   incentives or assistance will cease immediately."
20     2.  Page 3, line 35, by striking the word "to".
21     3.  By renumbering as necessary.
Amendment H-9128 was adopted.
Warnstadt of Woodbury asked and received unanimous consent to
withdraw amendment H-9119, to the Senate amendment H-8994, filed
by him on April 13, 1998, placing amendment H-9137 filed by
Warnstadt of Woodbury on April 13, 1998 out of order.
Greiner of Washington called up the motion to reconsider the
vote by which amendment H-9021 (found on pages 1596 and 1597 of
the House Journal), to the Senate amendment H-8994, was adopted
on April 14, 1998, which motion prevailed.
Weigel of Chickasaw moved the adoption of amendment H-9021, to
the Senate amendment H-8994.
Amendment H-9021 lost.
Speaker Corbett in the chair at 11:15 a.m.
On motion by Boggess of Taylor, the House concurred in the
Senate amendment H-8994, as amended.
Boggess of Taylor 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. 2164)

The ayes were, 92:

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

The nays were, 8:

Bernau 	Dix 	Falck 	Garman 
Huser 	Richardson 	Schrader 	Vande Hoef 
Absent or not voting, none.

The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
Senate Files 2410, 2406 and House File 2164.
Special Order Calendar
House Joint Resolution 2005, a joint resolution proposing
amendments to the Constitution of the State of Iowa relating to
the state 
budget by limiting state general fund expenditures and
restricting certain state tax revenue changes, was taken up for
consideration.

SENATE JOINT RESOLUTION 2004 SUBSTITUTED
 FOR HOUSE JOINT RESOLUTION 2005
Larson of Linn asked and received unanimous consent to
substitute Senate Joint Resolution 2004 for House Joint
Resolution 2005.
Senate Joint Resolution 2004, a joint resolution proposing
amendments to the Constitution of the State of Iowa relating to
the state budget by limiting state general fund expenditures and
restricting certain state tax revenue changes, was taken up for
consideration.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate Joint Resolution 2004 be temporarily deferred.
SENATE MESSAGE CONSIDERED
Senate File 2413, by committee on ways and means, a bill for
an act relating to exemptions from and reductions in solid waste
tonnage fees for certain persons.
Read first time and referred to committee on ways and means.
On motion by Siegrist of Pottawattamie, the House was recessed
at 11:48 a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 2:22 p.m., Speaker Corbett in the chair.
INTRODUCTION OF BILL
House File 2559, by committee on ways and means, a bill for
an act relating to funding of new jobs training programs.
Read first time and placed on the ways and means calendar.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 15, 1998, concurred in the House
amendment and passed the following bill in which the concurrence
of the Senate was asked:
Senate File 2292, a bill for an act relating to the sex offender
registry and providing for the Act's applicability.
Also: That the Senate has on April 15, 1998, adopted the
conference committee report and passed Senate File 2295, a bill
for an act relating to and making appropriations for agriculture
and natural resources and providing an effective date.
Also: That the Senate has on April 15, 1998, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2313, a bill for an act relating to child support,
providing penalties, and providing effective dates.
Also: That the Senate has on April 15, 1998, concurred in the
House amendment and passed the following bill in which the
concurrence of the Senate was asked:
Senate File 2398, a bill for an act relating to the confinement
and treatment of sex offenders.
MARY PAT GUNDERSON, Secretary
ADOPTION OF SENATE CONCURRENT RESOLUTION 115
Tyrrell of Iowa asked and received unanimous consent for the
immediate consideration of Senate Concurrent Resolution 115, a
concurrent resolution urging federal Congressional support for
widows and widowers under the federal Railroad Retirement Act of
1974, and moved its adoption.
The motion prevailed and the resolution was adopted.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate Concurrent Resolution 115 be immediately messaged to
the Senate.
The House stood at ease at 2:26 p.m., until the fall of the
gavel.
The House resumed session at 3:24 p.m., Speaker Corbett in the
chair.

ADOPTION OF THE REPORT OF THE
CONFERENCE COMMITTEE
(Senate File 2295)
Greiner of Washington called up for consideration the report of
the conference committee on Senate File 2295 and moved the
adoption of the conference committee report and the amendments
contained therein as follows:
REPORT OF THE CONFERENCE COMMITTEE ON SENATE FILE 2295
To the President of the Senate and the Speaker of the House of
Representatives:
We, the undersigned members of the conference committee
appointed to resolve the differences between the Senate and
House of Representatives on Senate File 2295, a bill for an Act
relating to and making appropriations for agriculture and
natural resources and providing an effective date, respectfully
make the following report:
1.  That the House recedes from its amendment, S-5365.
2.  That Senate File 2295, as amended, passed, and reprinted by
the Senate, is amended as follows:
1.  Page 11, line 12, by striking the figure "1,600,000" and
inserting the following:  "1,630,000".
2.  Page 11, by inserting after line 17 the following:
"___.  Of the amount appropriated in this section, not more than
$30,000 shall be used by the department to carry out the
provisions of 1998 Iowa Acts, Senate File 429, if enacted by the
Seventy-seventh General Assembly, 1998 Session.  However, if
Senate File 429 is not enacted, the amount appropriated under
this section for the administration and enforcement of
navigation laws and water safety shall be reduced by $30,000."
3.  By striking page 15, line 20, through page 16, line 2.
4.  Page 16, by inserting after line 18, the following:
"Sec. ___.  REDUCTION OF APPROPRIATIONS.  This section shall
apply to each appointed nonelected position which is supported
by moneys appropriated in sections 1 and 3 of this Act.  If the
amount of moneys to be used for a salary during the fiscal year
beginning July 1, 1998, and ending June 30, 1999, is more than
the amount actually required to pay that salary for the fiscal
year, the amount of the relevant appropriation shall be reduced
by the amount equal to the difference.  The amount appropriated
in section 1, subsection 4, of this Act, to support financial
incentives for soil conservation practices under chapter 161A
shall be increased by the amount of the difference.  However,
the amount of the difference shall be allocated in the same
manner as other moneys which are reallocated to soil and water
conservation districts after the moneys are returned by a
district to the soil conservation division."
5.  Page 16, by inserting after line 18, the following:
"Sec. ___.  COOPERATION BETWEEN DEPARTMENTS.  It is the intent
of the general assembly that the division of soil conservation
of the department of agriculture and land stewardship may
provide technical assistance to the department of natural
resources regarding the design and engineering of unformed
manure storage structures pursuant to chapter 455B. As used in
this section an unformed manure storage structure means the same
as defined in section 455B.161, as amended by 1998 Iowa Acts,
House File 2494." 
ON THE PART OF THE HOUSE	ON THE PART OF THE SENATE

SANDRA GREINER, Chair	H. KAY HEDGE, Chair
CECIL DOLECHECK	JERRY BEHN
RALPH KLEMME	DENNIS H. BLACK
PAT MURPHY	PATTY JUDGE
DELORES MERTZ	DERRYL McLAREN
Greiner of Washington moved the adoption of the conference
committee report.
The motion prevailed and the report was adopted.
Greiner of Washington 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. 2295)

The ayes were, 80:

Arnold 	Barry 	Bell 	Bernau 
Blodgett	Boddicker	Boggess 	Bradley 
Brunkhorst 	Bukta 	Carroll 	Cataldo
Chapman 	Churchill 	Cohoon 	Connors 
Dinkla 	Dix 	Doderer 	Dolecheck 
Dotzler 	Drake 	Drees 	Eddie 
Falck 	Ford 	Frevert 	Garman 
Gipp 	Greig 	Greiner 	Gries 
Grundberg 	Hahn 	Hansen 	Holmes 
Holveck 	Huseman 	Jacobs 	Jenkins 
Jochum 	Klemme 	Koenigs 	Kremer 
Lamberti 	Larkin 	Larson 	Lord 
Martin 	May 	Mertz 	Metcalf 
Meyer 	Millage 	Mundie 	Myers 
Nelson 	O'Brien 	Osterhaus 	Rants 
Rayhons 	Scherrman 	Schrader 	Shoultz 
Siegrist 	Sukup 	Taylor 	Teig 
Thomas 	Thomson 	Tyrrell 	Van Fossen 
Van Maanen 	Vande Hoef 	Veenstra 	Weidman 
Weigel 	Welter 	Witt 	Mr. Speaker
			  Corbett

The nays were, 15:

Brand 	Burnett 	Cormack 	Fallon 
Huser 	Kinzer 	Kreiman 	Mascher 
Moreland 	Murphy 	Reynolds-Knight 	Richardson 
Warnstadt 	Whitead 	Wise 

Absent or not voting, 5:

Brauns 	Chiodo 	Foege 	Heaton 
Houser 
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 2295 be immediately messaged to the Senate.
CONSIDERATION OF SENATE JOINT RESOLUTION 2004
The House resumed consideration of Senate Joint Resolution 2004,
a joint resolution proposing amendments to the Constitution of
the State of Iowa relating to the state budget by limiting state
general fund expenditures and restricting certain state tax
revenue changes, previously deferred.
Warnstadt of Woodbury offered amendment H-9105 filed by him as
follows:

H-9105

 1     Amend Senate Joint Resolution 2004, as passed by
 2   the Senate, as follows:
 3     1.  Page 1, by inserting after line 33 the
 4   following:
 5     "d.  The first sixty million dollars of gambling
 6   revenues received by the state in each fiscal year
 7   shall be credited to the general fund of the state.
 8   All such revenues in excess of sixty million dollars
 9   shall be credited to the rebuild Iowa infrastructure
10   fund."
11     2.  Page 3, by inserting after line 11 the
12   following:
13     "___.  A rebuild Iowa infrastructure fund is
14   created.  The fund shall consist of excess gambling
15   revenues as provided in section 1, paragraph "d",
16   interest and earnings on any surplus moneys, and any
17   appropriations made to the fund.  The fund shall be
18   separate from the general fund of the state and the
19   balance in the fund shall not be considered part of
20   the balance of the general fund of the state.
21     Moneys in the infrastructure fund shall not revert
22   to any other fund.  Interest or earnings on moneys in
23   the infrastructure fund shall be credited to the
24   infrastructure fund.
25     Moneys in the fund in a fiscal year shall be used
26   as directed by the General Assembly for public
27   vertical infrastructure projects.  For the purposes of
28   this section, "vertical infrastructure" includes only
29   land acquisition and construction, major renovation
30   and major repair of buildings, all appurtenant
31   structures, utilities, site development, and
32   recreational trails.  "Vertical infrastructure" does
33   not include routine, recurring maintenance or
34   operational expenses or leasing of a building,
35   appurtenant structure, or utility without a lease-
36   purchase agreement."
Warnstadt of Woodbury asked and received unanimous consent that
amendments H-9105, H-9115 and H-9116 be deferred.
Bernau of Story asked and received unanimous consent that
amendment H-9093 be deferred.
Weigel of Chickasaw asked and received unanimous consent that
amendment H-9104 be deferred.
Frevert of Palo Alto asked and received unanimous consent that
amendment H-9061 be deferred.
Weigel of Chickasaw asked and received unanimous consent that
amendment H-9099 be deferred.
Chapman of Linn offered amendment H-9079 filed by her as follows:

H-9079

 1     Amend Senate Joint Resolution 2004, as passed by
 2   the Senate, as follows:
 3     1.  Page 2, by striking lines 20 through 28 and
 4   inserting the following:
 5     "___.  If a surplus will exist at the end of a
 6   fiscal year, the state general fund expenditure
 7   limitation amount provided for in subsection 3 for the
 8   subsequent fiscal year shall be readjusted to include
 9   one hundred percent of the amount of the surplus.  For
10   purposes".
11     2.  Page 3, line 4, by inserting after the word
12   "limitation." the following:  "The governor in
13   submitting the budget, and the general assembly in
14   passing a budget, shall not have recurring
15   expenditures in excess of recurring revenues."
Chapman of Linn offered the following amendment H-9140, to
amendment H-9079, filed by her and moved its adoption:

H-9140

 1     Amend the amendment, H-9079, to Senate Joint
 2   Resolution 2004, as passed by the Senate, as follows:
 3     1.  Page 1, line 3, by striking the figure "28"
 4   and inserting the following:  "23".
 5     2.  Page 1, line 6, by inserting after the word
 6   "year" the following:  "in excess of ten percent of
 7   the adjusted revenue estimate for that fiscal year".
 8     3.  Page 1, by striking lines 9 and 10 and
 9   inserting the following:  "one hundred percent of such
10   excess.  Any surplus equal to ten"."
Amendment H-9140 was adopted.
Bernau of Story requested division of amendment H-9079 as
follows:
Division A - Lines 3 through 10.
Division B - Lines 11 through 15.
Chapman of Linn moved the adoption of amendment H-9079A, as
amended.
Van Fossen of Scott in the chair at 4:40 p.m.
Speaker Corbett in the chair at 5:00 p.m.
Roll call was requested by Bernau of Story and Siegrist of
Pottawattamie.
On the question "Shall amendment H-9079A, as amended, be
adopted?" (S.J.R. 2004)

The ayes were, 43:

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

The nays were, 55:

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

Absent or not voting, 2:

Greig 	Shoultz 

Amendment H-9079A lost.
Weigel of Chickasaw offered the following amendment H-9062 filed
by him and moved its adoption:

H-9062

 1     Amend Senate Joint Resolution 2004, as passed by
 2   the Senate, as follows:
 3     1.  Page 2, by striking lines 20 through 32 and
 4   inserting the following:
 5     "5.  a.  The surplus existing in the general fund
 6   of the state at the conclusion of the fiscal year is
 7   appropriated for distribution in the succeeding fiscal
 8   year as provided in paragraph "c".  As used in this
 9   subsection, "surplus" means the excess of revenues and
10   other financing sources over expenditures and other
11   financing uses for the general fund of the state in a
12   fiscal year.
13     b.  The amount appropriated in this subsection is
14   not subject to quarterly requisitions and allotment,
15   or to conditional availability of appropriations.
16     c.  Moneys appropriated under paragraph "a" shall
17   be first credited to the cash reserve fund.  To the
18   extent that moneys appropriated under paragraph "a"
19   would make the moneys in the cash reserve fund exceed
20   five percent of the adjusted revenue estimate for the
21   next fiscal year, the moneys are appropriated to the
22   Iowa economic emergency fund.
23     d.  If the moneys appropriated to the cash reserve
24   fund from the surplus do not make the moneys in the
25   cash reserve fund equal to five percent of the
26   adjusted revenue estimate for the following fiscal
27   year, there is appropriated from the general fund of
28   the state at the beginning of the next fiscal year an
29   amount sufficient for the cash reserve fund to reach
30   the five percent maximum balance for that fiscal
31   year."
32     2.  Page 3, line 13, by inserting after the word
33   "section" the following:  "and sections 2, 3, and 4".
34     3.  Page 3, by inserting after line 13 the
35   following:
36     "GAAP FUND.  Sec. 2.
37     1.  The generally accepted accounting principles
38   fund is created.  The fund shall be separate from the
39   general fund of the state and the balance in the fund
40   shall not be considered part of the balance of the
41   general fund of the state.  The moneys in the fund
42   shall not revert to the general fund of the state or
43   any other fund.
44     2.  There is no maximum balance for the generally
45   accepted accounting principles fund.
46     3.  The moneys in the generally accepted accounting
47   principles fund shall only be appropriated by the
48   general assembly for reducing any deficit of the
49   state.
50     4.  Interest or earnings on moneys deposited in the

Page 2  

 1   generally accepted accounting principles fund shall be
 2   credited to the generally accepted accounting
 3   principles fund.
 4     IOWA ECONOMIC EMERGENCY FUND.  Sec. 3.
 5     1.  The Iowa economic emergency fund is created.
 6   The fund shall be separate from the general fund of
 7   the state and the balance in the fund shall not be
 8   considered part of the balance of the general fund of
 9   the state.  The moneys in the fund shall not revert to
10   the general fund unless and to the extent the fund
11   exceeds the maximum balance.
12     2.  The maximum balance of the fund is the amount
13   equal to five percent of the adjusted revenue estimate
14   for the fiscal year.  If the amount of moneys in the
15   Iowa economic emergency fund is equal to the maximum
16   balance, moneys in excess of this amount shall be
17   transferred to the general fund of the state and the
18   original state general fund expenditure limitation
19   provided in section 1, subsection 3, shall be
20   readjusted to include the moneys transferred.
21     3.  The moneys in the Iowa economic emergency fund
22   may be appropriated by the general assembly only in
23   the fiscal year for which the appropriation is made.
24   The moneys shall only be appropriated by the general
25   assembly for emergency expenditures.  However, except
26   as provided in subsection 6, the balance in the Iowa
27   economic emergency fund may be used in determining the
28   cash position of the general fund of the state for the
29   payment of state obligations.
30     4.  Interest or earnings on moneys deposited in the
31   Iowa economic emergency fund shall be credited to the
32   Iowa economic emergency fund.
33     CASH RESERVE FUND.  Sec. 4.
34     1.  A cash reserve fund is created.  The cash
35   reserve fund shall be separate from the general fund
36   of the state and shall not be considered part of the
37   general fund of the state except in determining the
38   cash position of the state as provided in subsection
39   3.  The moneys in the cash reserve fund shall not
40   revert to the general fund of the state and shall not
41   be transferred, used, obligated, appropriated, or
42   otherwise encumbered except as provided in this
43   section.  Interest or earnings on moneys deposited in
44   the cash reserve fund shall be credited to the cash
45   reserve fund.  Moneys in the cash reserve fund may be
46   used for cash flow purposes provided that any moneys
47   so allocated are returned to the cash reserve fund by
48   the end of each fiscal year.
49     2.  The maximum balance of the cash reserve fund is
50   equal to five percent of the adjusted revenue estimate

Page 3

 1   for the general fund of the state for the fiscal year.
 2     3.  The moneys in the cash reserve fund may be
 3   appropriated by the general assembly in accordance
 4   with subsection 4 only in the fiscal year for which
 5   the appropriation is made.  The moneys shall only be
 6   appropriated by the general assembly for nonrecurring
 7   emergency expenditures and shall not be appropriated
 8   for payment of any collective bargaining agreement or
 9   arbitrator's decision negotiated or awarded under
10   state law.  However, except as provided in subsection
11   6, the balance in the cash reserve fund may be used in
12   determining the cash position of the general fund of
13   the state for payment of state obligations.
14     4.  a.  Except as provided in subsection 1, an
15   appropriation shall not be made from the cash reserve
16   fund unless the appropriation is in accordance with
17   all of the following:
18     (1)  The appropriation is contained in a bill or
19   joint resolution in which the appropriation is the
20   only subject matter of the bill or joint resolution.
21     (2)  The bill or joint resolution states the
22   reasons the appropriation is necessary.
23     b.  In addition to the requirements of paragraph
24   "a", an appropriation shall not be made from the cash
25   reserve fund which would cause the fund's balance to
26   be less than three percent of the adjusted revenue
27   estimate for the fiscal year for which the
28   appropriation is made unless the bill or joint
29   resolution is approved by vote of at least three-
30   fifths of the members of both chambers of the general
31   assembly and is signed by the governor."
32     4.  By renumbering as necessary.
Van Fossen of Scott in the chair at 6:15 p.m.
Speaker Corbett in the chair at 6:27 p.m.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-nine members present,
thirty-one absent.
A non-record roll call was requested.
The ayes were 43, nays 56.
Amendment H-9062 lost.
Weigel of Chickasaw asked and received unanimous consent that
amendment H-9088 be deferred.
Doderer of Johnson offered amendment H-9060 filed by her as
follows:

H-9060

 1     Amend Senate Joint Resolution 2004, as passed by
 2   the Senate, as follows:
 3     1.  Page 3, line 1, by inserting after the word
 4   "system." the following:  "Any expenditure made for
 5   infrastructure purposes shall not be considered an
 6   expenditure for purposes of the state general fund
 7   expenditure limitation."
Doderer of Johnson offered the following amendment H-9085, to
amendment H-9060, filed by her and moved its adoption:

H-9085

 1     Amend the amendment, H-9060, to Senate Joint
 2   Resolution 2004, as passed by the Senate, as follows:
 3     1.  Page 1, line 5, by inserting after the word
 4   "purposes" the following:  "which is necessary due to
 5   a state emergency or fire damage".
Amendment H-9085 was adopted.
Doderer of Johnson moved the adoption of amendment H-9060, as
amended.
Amendment H-9060 lost.
Bernau of Story asked and received unanimous consent that
amendment H-9103 be deferred.
Myers of Johnson asked and received unanimous consent that
amendment H-9063 be deferred.
Myers of Johnson offered the following amendment H-9064 filed by
him and moved its adoption:

H-9064

 1     Amend Senate Joint Resolution 2004, as passed by
 2   the Senate, as follows:
 3     1.  Page 3, by inserting after line 1 the
 4   following:
 5     "___.  The cost of providing a property tax credit
 6   which is enacted by the General Assembly shall be
 7   fully funded by the state."
 8     2.  By renumbering as necessary.
Dolecheck of Ringgold in the chair at 8:10 p.m.
Speaker Corbett in the chair at 8:34 p.m.
Roll call was requested by Myers of Johnson and Larson of Linn.
On the question "Shall amendment H-9064 be adopted?" (S.J.R.
2004)

The ayes were, 44:

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

The nays were, 54:

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 	Nelson 
Rants 	Rayhons 	Siegrist 	Sukup 
Teig 	Thomson 	Tyrrell 	Van Fossen 
Van Maanen 	Vande Hoef 	Veenstra 	Weidman 
Welter 	Mr. Speaker
	  Corbett

Absent or not voting, 2:

Connors 	Drees

Amendment H-9064 lost.
Frevert of Palo Alto asked and received unanimous consent that
amendment H-9086 be deferred.
The House resumed consideration of amendment H-9079B, found on
page 1665 of the House Journal.
Chapman of Linn moved the adoption of amendment H-9079B.
A non-record roll call was requested.
The ayes were 33, nays 49.
Amendment H-9079B lost.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate Joint Resolution 2004 be deferred and that the
resolution retain its place on the calendar.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 15, 1998, refused to concur in the House
amendment to the Senate amendment to the following bill in which
the concurrence of the Senate was asked:
House File 8, a bill for an act relating to the funding of state
mandates.
Also: That the Senate has on April 15, 1998, receded from the
Senate amendment and passed the following bill in which the
concurrence of the Senate was asked:
House File 2136, a bill for an act relating to agricultural
drainage wells, by extending the date for complying with certain
requirements.
Also: That the Senate has on April 15, 1998, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 2269, a bill for an act relating to permissible
physical contact between school employees and students.
Also: That the Senate has on April 15, 1998, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 2374, a bill for an act exempting sales made to and
services performed for organ procurement organizations from the
state sales, services, and use taxes.
Also: That the Senate has on April 15, 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 2387, a bill for an act relating to adoption
procedural requirements including those related to
investigations, reports, and counseling.
Also: That the Senate has on April 15, 1998, passed the
following bill in which the concurrence of the Senate was asked:
House File 2480, a bill for an act to repeal the future repeal
of the interception of communications chapter.
Also: That the Senate has on April 15, 1998, passed the
following bill in which the concurrence of the Senate was asked:
House File 2513, a bill for an act relating to the individual
income tax by eliminating the taxation of certain capital gains
and providing special treatment of gains from the sales of
businesses to descendants, increasing the amount of pension
income excluded, increasing certain personal exemption tax
credits, and increasing and expanding the tuition and textbook
tax credit, exempting sales and services to certain nonprofit
hospitals from the sales, services, and use taxes, and relating
to the income eligibility requirements for the homestead
property tax credit, mobile home tax credit, or reimbursement
for rent constituting property taxes paid, and including
effective and prospective and retroactive applicability date
provisions.
MARY PAT GUNDERSON, Secretary

MOTION TO RECONSIDER
(House File 2558)

I move to reconsider the vote by which House File 2558 passed
the House on April 15, 1998.
HOUSER of Pottawattamie
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on April 15,
1998. Had I been present, I would have voted "aye" on Senate
File 2295 and the conference committee report to Senate File
2295.
BRAUNS of Muscatine
I was necessarily absent from the House chamber on April 13,
1998. Had I been present, I would have voted "aye" on Senate
File 187.
CARROLL of Poweshiek
I was necessarily absent from the House chamber on April 15,
1998. Had I been present, I would have voted "aye" on Senate
File 2295.
HEATON of Henry
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on April 15, 1998, he approved and transmitted to the Secretary
of State the following bills:
House File 382, an act relating to certain relationships
including certain marriages.
House File 2162, an act relating to nonsubstantive Code
corrections and including a retroactive applicability provision.
Senate File 2201, an act relating to security for damages
arising from the abandonment of natural gas pipelines.
Senate File 2335, an act relating to the prohibition of sex acts
between juveniles and employees and agents at juvenile placement
facilities and between prisoners incarcerated in a county jail
and employees or agents of a county and providing a penalty.
Senate File 2337, an act to allow distribution of the
presentence investigation report under certain circumstances.
Senate File 2348, an act relating to the locations at which
shared public school services may be made available to nonpublic
school students.
Senate File 2351, an act relating to the time for review of the
reorganization of a public utility by the utilities board and
providing an effective date.
Senate File 2399, an act providing for the merger of a limited
partnership with other business entities.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Sixty-nine 3rd grade students from Anderson Elementary,
Bondurant, accompanied by Georganne Lee.  By Huser of Polk.
Forty-nine 4th, 5th and 6th grade students from St. Thomas
Aquinas School, Webster City, accompanied by Duane Sipker.  By
Teig of Hamilton.
COMMUNICATION RECEIVED
The following communication was received and filed in the office
of the Chief Clerk:
IOWA ENERGY CENTER
The 1997 Annual Report, pursuant to Chapter 476.10A, Code of
Iowa.
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\480	Pearl Miller, Camanche - For celebrating her 80th
birthday.
1998\481	Don and Jean Lane, Dysart - For celebrating their 50th
wedding anniversary.
1998\482	City of Corning - For receiving the Great American
Mainstreet Award.
1998\483	Glen and Dorothy Pointer, Des Moines - For celebrating
their 50th wedding anniversary.

SUBCOMMITTEE ASSIGNMENTS

House File 2361
(Committee of the whole)

Ways and Means: Lamberti, Chair; Bernau, Blodgett, Chapman,
Dinkla, Dix, Doderer, Drake, Frevert, Greig, Hansen, Holmes,
Jenkins, Jochum, Larkin, Larson, Lord, Myers, Osterhaus, Rants,
Richardson, Shoultz, Teig, Van Fossen and Weigel.

House File 2506

Ways and Means: Greig, Chair; Shoultz and Van Fossen.

Senate File 2409
(Committee of the whole)

Ways and Means: Van Fossen, Chair; Bernau, Blodgett, Chapman,
Dinkla, Dix, Doderer, Drake, Frevert, Greig, Hansen, Holmes,
Jenkins, Jochum, Lamberti, Larkin, Larson, Lord, Myers,
Osterhaus, Rants, Richardson, Shoultz, Teig and Weigel.

Senate File 2412

Appropriations: Millage, Chair; Murphy and Sukup.

Senate File 2413

Ways and Means: Jenkins, Chair; Blodgett and Shoultz.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON APPROPRIATIONS
Senate File 2381, a bill for an act making appropriations from
and to the rebuild Iowa infrastructure fund for the fiscal year
beginning July 1, 1998, to the division of soil conservation for
deposit in the Loess Hills development and conservation fund;
department of corrections for renovation of the power plant and
improvements to the water system at the Iowa correctional
institution for women, for the construction of an additional
cellblock at the Fort Dodge correctional facility, and for the
construction of a 200-bed facility at the Iowa state
penitentiary at Fort Madison; department of cultural affairs for
the creation of a historical site preservation grant program;
department of economic development for a welcome center at
Hamburg, to be deposited in the physical infrastructure
assistance fund, and for deposit in the rural enterprise fund to
be used for a dry fire hydrant and rural water supply education
and demonstration project; department of education for
infrastructure improvements to the community colleges;
department of general services for major renovation needs for
state-owned buildings and facilities, for critical and deferred
maintenance at Terrace Hill, for relocation of offices and other
transitions costs associated with the renovation of the Lucas
state office building and the old historical building, for
renovation of the Lucas state office building, for developing a
master plan for the capitol complex, for planning and design of
a parking structure located at the northwest corner of the
capitol complex, and for capitol interior restoration;
department of public defense for maintenance and repair of
national guard armories and facilities; department of public
safety for construction of a new patrol post in district 1;
department of natural resources for the purpose of funding
capital projects from marine fuel tax receipts for expenditures
for local cost-share grants to be used for capital expenditures
to local governmental units for boating accessibility, for the
construction of the Elinor Bedell state park and wildlife
conservation area, for a recreational grant matching program,
for the blufflands protection revolving fund, and for the
dredging of lakes; department of transportation for capital
improvements at all 10 of the commercial air service airports;
for the Iowa state fair foundation for renovation, restoration,
and improvement of the cattle barn and horse barn at the state
fairgrounds and for county fair infrastructure improvements;
judicial department for capital projects at the capitol
building; and state board of regents for capital projects at the
Iowa school for the deaf and the Iowa braille and sight saving
school; making appropriations of the marine fuel tax receipts
from the rebuild Iowa infrastructure fund; providing a reversion
date to funds appropriated to the department of revenue and
finance in the fiscal year beginning July 1, 1997, and ending
June 30, 1998; making statutory changes relating to
appropriations by establishing the blufflands protection fund,
by reducing the overall appropriation for the restore outdoors
program for the fiscal period beginning July 1, 1997, and ending
June 30, 2001, as a result of the governor's item veto, by
providing for coordination of vertical infrastructure databases,
by eliminating a matching contribution requirement on certain
funds appropriated to the department of cultural affairs for the
fiscal year beginning July 1, 
1997, by extending the allowable time to enter into contracts to
provide alternative drainage outlets, by allocating part of the
funds derived from the excise tax on the sale of motor fuel used
in watercraft from the general fund to the rebuild Iowa
infrastructure fund; and providing effective dates.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-9185 April 15,
1998.
Senate File 2415, a bill for an act relating to agricultural
finance, providing an appropriation, and providing an effective
date.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-9196 April 15,
1998.
COMMITTEE ON WAYS AND MEANS
Committee Bill (Formerly House File 95),  relating to aircraft
registration fees.
Fiscal Note is not required.
Recommended Amend and Do Pass April 15, 1998.
Committee Bill (Formerly House File 2361), relating to funding
of new jobs training programs.
Fiscal Note is not required.
Recommended Amend and Do Pass April 14, 1998.
RESOLUTIONS FILED
HR 107, by Rants and Connors, a resolution honoring
Representatives Charles Poncy, Delwyn Stromer, and Harold Van
Maanen for their years of legislative service.
Laid over under Rule 25.
SCR 119, by committee on judiciary, a concurrent resolution
requesting the Legislative Council to establish a sentencing
commission.
Laid over under Rule 25.
AMENDMENTS FILED

H-9177	H.F.	2498	Van Maanen of Marion
H-9181	H.F.	2498	Warnstadt of Woodbury
H-9182	H.F.	2498	Taylor of Linn
H-9183	H.F.	2232	Huseman of Cherokee
H-9184	S.F.	2416	Gries of Crawford
				Wise of Lee
				Larson of Linn
H-9185	S.F.	2381	Committee on Appropriations
H-9186	H.F.	2498	Martin of Scott
				Brunkhorst of Bremer
H-9187	H.F.	2498	Blodgett of Cerro Gordo
H-9188	H.F.	2498	Murphy of Dubuque
H-9189	H.F.	2498	Murphy of Dubuque
H-9190	H.F.	2498	Murphy of Dubuque
H-9191	S.J.R.	2004	Schrader of Marion
H-9192	H.F.	2374	Senate Amendment
H-9193	H.F.	2269	Senate Amendment
H-9194	S.F.	2387	Senate Amendment
H-9195	S.J.R.	2004	Schrader of Marion
H-9196	S.F.	2415	Committee on Appropriations
H-9197	S.F.	2381	Eddie of Buena Vista
H-9198	S.F.	2381	Mascher of Johnson
H-9199	H.F.	2498	Huser of Polk
H-9200	S.F.	2286	Nelson of Marshall
H-9201	H.F.	2498	Jochum of Dubuque
H-9202	S.F.	2381	Kremer of Buchanan
				Thomas of Clayton
H-9203	H.F.	2403	Kremer of Buchanan
H-9204	S.F.	2345	Boddicker of Cedar
				Fallon of Polk
H-9205	S.F.	2416	Rants of Woodbury
	Chapman of Linn		Warnstadt of Woodbury
	Dinkla of Guthrie		Connors of Polk
	Dix of Butler		Holmes of Scott
	Greiner of Washington	Millage of Scott
	Whitead of Woodbury	May of Worth
	Teig of Hamilton		Eddie of Buena Vista
	Lord of Dallas		Kinzer of Scott
	Huseman of Cherokee	Drake of Pottawattamie
	Jenkins of Black Hawk	Van Fossen of Scott
	Chiodo of Polk		Hansen of Pottawattamie
	Greig of Emmet		Klemme of Plymouth
	Jacobs of Polk		Blodgett of Cerro Gordo
	Metcalf of Polk		Brunkhorst of Bremer
	Weidman of Cass		Vande Hoef of Osceola
	Tyrrell of Iowa		Witt of Black Hawk
	Rayhons of Hancock
H-9206	S.F.	2381	Brauns of Muscatine
H-9207	S.F.	2381	Mascher of Johnson
H-9208	S.F.	2381	Brauns of Muscatine
On motion by Siegrist of Pottawattamie, the House adjourned at
10:35 p.m., until 8:45 a.m., Thursday, April 16, 1998.

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