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Ninety-sixth Calendar Day - Sixty-fifth Session Day Hall of the House of Representatives Des Moines, Iowa, Friday, April 17, 1998 The House met pursuant to adjournment at 8:45 a.m., Speaker Corbett in the chair. Prayer was offered by the Honorable Marcie Frevert, state representative from Palo Alto County. The Journal of Thursday, April 16, 1998 was approved. CONSIDERATION OF BILLS Unfinished Business Calendar Senate File 2384, a bill for an act to provide for the assessment and payment of a thirty-five dollar installment payment fee for fines or court costs paid in installments under certain circumstances and providing for a contingent effective date, with report of committee recommending passage, was taken up for consideration. Kreiman of Davis asked and received unanimous consent to withdraw amendment H-8619 filed by him on March 24, 1998. Lamberti of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2384) The ayes were, 95: Arnold Barry Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill Cohoon Connors Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader 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, 5: Bell Chapman Dinkla Ford Shoultz The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 2281, a bill for an act relating to compensation for the legal defense of indigent persons in criminal, appellate, and certain civil cases, with report of committee recommending passage, was taken up for consideration. Lamberti of Polk offered the following amendment H-9236 filed by him and moved its adoption: H-9236 1 Amend Senate File 2281, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 2, line 9, by inserting after the word 4 "cases." the following: "In establishing hourly rates 5 or setting per case fee limitations, the state public 6 defender shall consider evidence of ordinary, 7 reasonable and customary charges; rates previously 8 paid by the state; the nature and penal consequences 9 associated with the offense charged; value and costs 10 associated with in-court time, value and costs 11 associated with out-of-court time; and any other 12 relevant factors." 13 2. Page 2, by striking lines 20 through 32 and 14 inserting the following: "applicable law. 15 Notwithstanding chapter 17A, an appointed attorney 16 may seek expedited review of actions of the state 17 public defender with regard to a request for advance 18 approval for anticipated compensation in excess of any 19 fee limitation by filing a motion with the appointing 20 court." 21 3. Page 3, by striking lines 6 through 11 and 22 inserting the following: 23 "Notwithstanding chapter 17A, an appointed attorney 24 may seek review of actions of the state public 25 defender which approve in part, deny, or modify a 26 claim for compensation by filing a motion with the 27 appointing court." Amendment H-9236 was adopted. Lamberti of Polk offered amendment H-9132 filed by him and requested division as follows: H-9132 1 Amend Senate File 2281, as amended, passed, and 2 reprinted by the Senate, as follows: H-9132A 3 1. Page 2, by striking lines 31 and 32 and 4 inserting the following: "be conducted on an 5 expedited basis." 6 2. Page 3, line 9, by striking the words "may 7 hear proceedings for judicial" and inserting the 8 following: "shall". 9 3. Page 3, line 10, by striking the words "review 10 of" and inserting the following: "review". H-9132B 11 4. Page 10, line 26, by striking the words 12 "assets not" and inserting the following: "assets". 13 5. Page 11, line 13, by striking the words 14 "assets not" and inserting the following: "assets". 15 6. Page 11, line 30, by striking the words 16 "assets not" and inserting the following: "assets". Lamberti of Polk asked and received unanimous consent to withdraw amendment H-9132A. Lamberti of Polk moved the adoption of amendment H-9132B. Amendment H-9132B was adopted. Lamberti of Polk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2281) The ayes were, 96: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege 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 Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 1: Fallon Absent or not voting, 2: Chapman Ford Under the provision of Rule 76, conflict of interest, Kreiman of Davis 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: Senate Files 2384 and 2281. SENATE AMENDMENT CONSIDERED Drake of Pottawattamie called up for consideration 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, amended by the Senate, and moved that the House concur in the following Senate amendment H-9192: H-9192 1 Amend House File 2374, as passed by the House, as 2 follows: 3 1. Page 1, line 5, by inserting after the word 4 "statewide" the following: "nonprofit". The motion prevailed and the House concurred in the Senate amendment H-9192. Drake of Pottawattamie moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 2374) The ayes were, 99: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 1: Chapman The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Appropriations Calendar Senate File 2415, a bill for an act relating to agricultural finance, providing an appropriation, and providing an effective date, with report of committee recommending amendment and passage, was taken up for consideration. The House stood at ease at 9:42 a.m., until the fall of the gavel. The House resumed session at 11:20 a.m., Speaker Corbett in the chair. Gipp of Winneshiek asked and received unanimous consent that Senate File 2415 be temporarily deferred. MOTION TO RECONSIDER WITHDRAWN (House File 2546) Cormack of Webster asked and received unanimous consent to withdraw the motion to reconsider House File 2546, a bill for an act relating to waste tires and tire-derived fuels, filed by him on April 14, 1998. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that House File 2546 be immediately messaged to the Senate. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 17, 1998, adopted the following resolution in which the concurrence of the Senate was asked: 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. Also: That the Senate has on April 16, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 2163, a bill for an act relating to the reopening of an administrative hearing pertaining to a license revocation for an operating while intoxicated offense, prohibiting a demand for proof of financial responsibility following the recision of an administrative revocation, and providing an effective date. Also: That the Senate has on April 16, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2365, a bill for an act relating to the imposition of the sales and use tax on building materials, supplies, and equipment sold and used in the construction of facilities of rural water districts. Also: That the Senate has on April 17, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2416, a bill for an act relating to the replacement of property tax on property associated with electricity and natural gas with excise taxes associated with electricity and natural gas, establishing a statewide property tax on property associated with electricity and natural gas, providing for a special utility property tax levy or tax credit, providing for the Act's retroactive applicability, providing an effective date, and providing penalties. MARY PAT GUNDERSON, Secretary The House resumed consideration of Senate File 2415, a bill for an act relating to agricultural finance, providing an appropriation, and providing an effective date, previously deferred. Meyer of Sac offered amendment H-9196 filed by the committee on appropriations as follows: H-9196 1 Amend Senate File 2415, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by inserting after line 20, the 4 following: 5 "__. A need exists to support the production of 6 agricultural commodities and the processing and 7 marketing of agricultural products which are produced 8 by using biological techniques for the development of 9 specialized plant or animal characteristics for 10 beneficial nutritional, commercial, or industrial 11 purposes." 12 2. Page 1, by inserting after line 34, the 13 following: 14 "__. A need exists for additional sources of 15 financing for ventures designed to support the 16 production, processing, and marketing of high value 17 agricultural products using biological techniques 18 which create increasingly high value agricultural 19 products for consumers around the world." 20 3. Page 2, line 2, by striking the words 21 "agricultural producer-led" and inserting the 22 following: "Iowa agricultural industry". 23 4. Page 3, by striking lines 24 through 35 and 24 inserting the following: 25 "(2) A family farm entity if any of the following 26 individuals is actively engaged in agricultural 27 production: 28 (a) A shareholder and an officer, director, or 29 employee of a family farm corporation. 30 (b) A member or manager of a family farm limited 31 liability company. 32 (c) A general partner of a family farm limited 33 partnership. 34 (d) A beneficiary of a family trust. 35 (3) A networking farmers entity." 36 5. Page 4, by inserting after line 2, the 37 following: 38 "__. "Biotechnology enterprise" means an 39 enterprise organized under the laws of this state 40 using biological techniques for the development of 41 specialized plant or animal characteristics for 42 beneficial nutritional, commercial, or industrial 43 purposes." 44 6. Page 4, by inserting after line 9 the 45 following: 46 " . "Family farm entity" means a family farm 47 corporation, family farm limited liability company, 48 family farm limited partnership, or family trust as 49 defined in section 9H.1." 50 7. Page 4, by striking lines 15 and 16, and Page 2 1 inserting the following: 2 "___. "Iowa agricultural industry venture" means 3 an enterprise involving any of the following: 4 a. Agricultural producers investing in a new". 5 8. Page 4, line 21, by striking the word "a." and 6 inserting the following: "(1)". 7 9. Page 4, line 24, by striking the word "b." and 8 inserting the following: "(2)". 9 10. Page 4, line 26, by striking the word "c." 10 and inserting the following: "(3)". 11 11. Page 4, line 28, by striking the word "d." 12 and inserting the following: "(4)". 13 12. Page 4, by inserting after line 30 the 14 following: 15 "b. An agricultural biotechnology enterprise 16 located in this state, if the purpose of research and 17 application of biological techniques conducted by the 18 enterprise is to accomplish all of the following: 19 (1) The creation and retention of wealth in this 20 state. 21 (2) Increasing the value of agricultural 22 commodities." 23 13. Page 4, by inserting after line 34 the 24 following: 25 " . "Networking farmers entity" means the same 26 as defined in section 10.1, as enacted by 1998 Iowa 27 Acts, House File 2335." 28 14. Page 5, line 3, by striking the words "as 29 defined in section 10.1". 30 15. Page 6, by inserting after line 6 the 31 following: 32 "___. It is the intent of the general assembly and 33 the purpose of this division that the state encourage 34 Iowa agricultural industry ventures which promote the 35 research and application of biological techniques for 36 the development of specialized plant or animal 37 characteristics for beneficial nutritional, 38 commercial, or industrial purposes." 39 16. Page 8, line 7, by inserting after the figure 40 "3." the following: "a." 41 17. Page 8, by striking lines 10 through 27 and 42 inserting the following: "shall be elected by the 43 members of an appointment committee. The members of 44 the appointment committee shall be appointed by the 45 economic development board. The initial board of 46 directors shall consist of seven members. The members 47 of the appointment committee shall include persons who 48 have an expertise in areas of banking, agricultural 49 lending, business development, agricultural production 50 and processing, seed and venture capital investment, Page 3 1 and other areas of expertise as deemed appropriate by 2 the interim board of directors. 3 b. The members of the appointment committee shall 4 exercise due care to assure that persons appointed to 5 the initial board of directors have the requisite 6 financial experience necessary in order to carry out 7 the duties of the corporation as established in this 8 division, including in areas related to agricultural 9 lending, commercial banking, and investment 10 management. 11 c. Upon the election of the initial board of 12 directors, the terms of the members of the appointment 13 committee shall expire. 14 d. The department shall assist the incorporators 15 and the appointment committee in". 16 18. Page 10, line 13, by striking the words "may 17 loan all or part" and inserting the following: "shall 18 loan all". 19 19. Page 10, line 19, by inserting after the word 20 "desirable" the following: ", including any 21 restrictions on the subordination of the moneys 22 loaned". 23 20. Page 10, by inserting after line 28 the 24 following: 25 " . The corporation shall not expend moneys 26 originating from the state, including moneys loaned 27 under this section, on political activity or on any 28 attempt to influence legislation." 29 21. Page 12, line 32, by inserting after the word 30 "corporation." the following: "If the eligible 31 recipient is an agricultural producer as provided in 32 section 15E.210, the agreement shall not be executed 33 unless the agricultural producer holds voting common 34 stock in the corporation equal to at least five 35 percent of the financing provided to the agricultural 36 producer pursuant to the agreement." 37 22. Page 13, by striking lines 11 and 12 and 38 inserting the following: 39 "___. To the extent feasible and fiscally prudent, 40 the corporation must maintain a portfolio which is 41 diversified among the various types of agricultural 42 commodities and agribusiness. 43 ___. Not more than seventy-five percent of moneys 44 originating from the state, including moneys loaned to 45 the corporation pursuant to this section, may be used 46 to finance any one Iowa agricultural industry 47 venture." 48 23. Page 13, by striking lines 26 through 33. 49 24. Page 14, line 28, by striking the words 50 "general fund of the state" and inserting the Page 4 1 following: "road use tax fund created pursuant to 2 section 312.1". 3 25. Page 15, line 1, by striking the words "must 4 participate" and inserting the following: 5 "participating". 6 26. Page 15, by striking lines 11 and 12 and 7 inserting the following: 8 "b. An agricultural products processor which 9 participates as part of an Iowa". 10 27. By striking page 15, line 30, through page 11 16, line 1, and inserting the following: "produced in 12 this state. However, the corporation may provide 13 financing, if its board of directors determines that 14 adequate supplies of the commodity are not available 15 for processing as otherwise required in this 16 subparagraph subdivision." 17 28. Page 16, by inserting before line 2 the 18 following: 19 "___. An agricultural biotechnology enterprise 20 which qualifies as an Iowa agricultural industry 21 venture as provided according to the terms of an 22 agreement executed by the agricultural biotechnology 23 enterprise and the corporation, if the board of 24 directors for the corporation determines that the 25 enterprise would advance the intent and purposes set 26 out in section 15E.203." 27 29. Page 16, by inserting after line 21 the 28 following: 29 "Sec. ___. Section 423.24, Code Supplement 1997, 30 is amended by inserting the following new unnumbered 31 paragraph before subsection 1: 32 NEW UNNUMBERED PARAGRAPH. Except as otherwise 33 provided in section 312.2, subsection 15, all revenues 34 derived from the use tax on motor vehicles, trailers, 35 and motor vehicle accessories and equipment as 36 collected pursuant to sections 423.7 and 423.7A shall 37 be deposited and credited to the road use tax fund and 38 shall be used exclusively for the construction 39 maintenance, and supervision of public highways. 40 Sec. ___. Section 423.24, subsection 1, unnumbered 41 paragraph 1, Code Supplement 1997, is amended to read 42 as follows: 43Eighty percent ofNotwithstanding any provision of 44 this section which provides that all revenues derived 45 from the use tax on motor vehicles, trailers, and 46 motor vehicle accessories and equipment as collected 47 pursuant to section 423.7 and section 423.7A shall be 48 deposited and credited to the road use tax fund, 49 eighty percent of the revenues shall be deposited and 50 credited as follows:" Page 5 1 30. Page 17, by inserting after line 4 the 2 following: 3 "Sec. ___. Section 423.24, subsection 1, paragraph 4 c, Code Supplement 1997, is amended by striking the 5 paragraph. 6 Sec. ___. Section 423.24, subsection 2, Code 7 Supplement 1997, is amended to read as follows: 8 2.Twenty percent ofNotwithstanding any other 9 provision of this section that provides that all 10 revenue derived from the use tax on motor vehicles, 11 trailers, and motor vehicle accessories and equipment 12 as collected pursuant to section 423.7 shall be 13 deposited and credited to the road use tax fund, 14 twenty percent of the revenues shall be credited and 15 deposited as follows: one-half to the road use tax 16 fund and one-half to the primary road fund to be used 17 for the commercial and industrial highway network, 18 except to the extent that the department directs that 19 moneys are deposited in the highway safety patrol fund 20 created in section 80.41 to fund the appropriations 21 made from the highway safety patrol fund in accordance 22 with the provisions of section 80.41. The department 23 shall determine the amount of moneys to be credited 24 under this subsection to the highway safety patrol 25 fund and shall deposit that amount into the highway 26 safety patrol fund. 27 Sec. ___. NEW SECTION. 423.24A REIMBURSEMENT FOR 28 THE PRIMARY ROAD FUND. 29 The department may credit to the primary road fund 30 any amount of revenues derived from the use tax on 31 motor vehicles, trailers, and motor vehicles 32 accessories and equipment as collected pursuant to 33 sections 423.7 and 423.7A to the extent necessary to 34 reimburse that fund for the expenditures not otherwise 35 eligible to be made from the primary road fund, which 36 are made for repairing, improving, and maintaining 37 bridges over the rivers bordering the state. 38 Expenditures for those portions of bridges within 39 adjacent states may be included when they are made 40 pursuant to an agreement entered into under section 41 313.63, 313A.34, or 314.10." 42 31. Page 17, by striking lines 18 through 23. 43 32. Page 17, by inserting before line 24 the 44 following: 45 "Sec. ___. SEVERABILITY. If any provision of this 46 Act or the application of this Act to any person or 47 circumstance is held invalid, the invalidity shall not 48 affect other provisions or applications of this Act 49 which shall be given effect without the invalid 50 provision or application, and to this end the Page 6 1 provisions of this Act are severable." 2 33. By renumbering, relettering, or redesignating 3 and correcting internal references as necessary. Osterhaus of Jackson offered amendment H-9251, to the committee amendment H-9196, filed by him and requested division as follows: H-9251 1 Amend the amendment, H-9196, to Senate File 2415, 2 as amended, passed, and reprinted by the Senate, as 3 follows: H-9251A 4 1. Page 1, by inserting after line 11, the 5 following: 6 "___. A need exists to support forests and the 7 growth and maintenance of forests in this state, 8 including the production of agricultural commodities 9 which are forest products as provided in section 10 15E.202."" H-9251B 11 2. Page 1, by inserting after line 19 the 12 following: 13 "___. A need exists for additional sources of 14 financing for ventures designed to support Iowa 15 forests and the growth and maintenance of these 16 forests."" 17 3. Page 2, by inserting after line 38, the 18 following: 19 "___. It is the intent of the general assembly and 20 the purpose of this division that the state encourage 21 ventures which support Iowa forests and the growth and 22 maintenance of these forests."" 23 4. Page 4, by inserting after line 26, the 24 following: 25 "___. An Iowa agricultural industry finance 26 corporation may provide financing to resource 27 conservation and development areas, as authorized 28 under the federal Food and Agriculture Act of 1962, 16 29 U.S.C. "/g" 3451 et seq., and reauthorized under the 30 federal Food, Agriculture, Conservation, and Trade Act 31 of 1990, 16 U.S.C. "/g" 3459 et seq. 32 a. Each loan made shall be for a period not to 33 exceed ten years, shall not bear interest, and shall 34 be repayable to the corporation. 35 b. Each loan shall be made on a condition that the 36 moneys be provided to landowners on a cost-share 37 basis. The award of moneys shall not exceed fifty 38 percent of the estimated cost of completing a forestry 39 project or fifty percent of the actual cost, whichever 40 is less." H-9251A 41 5. By renumbering and relettering as necessary. Osterhaus of Jackson moved the adoption of H-9251A, to the committee amendment H-9196. Amendment H-9251A was adopted. Osterhaus of Jackson asked and received unanimous consent to withdraw amendment H-9251B, to the committee amendment H-9196. Churchill of Polk asked and received unanimous consent that amendment H-9261, to the committee amendment H-9196, be deferred. Churchill of Polk offered the following amendment H-9260, to the committee amendment H-9196, filed by him, Dix of Butler and Garman of Story from the floor and moved its adoption: H-9260 1 Amend the amendment, H-9196, to Senate File 2415, 2 as amended, passed, and reprinted, by the Senate, as 3 follows: 4 1. By striking page 2, line 42, through page 3, 5 line 15, and inserting the following: "inserting the 6 following: "shall be appointed by an appointment 7 committee which shall be composed of all of the 8 following: 9 (1) The following persons who shall serve as 10 voting members, appointed by the governor: 11 (a) One person representing financial institutions 12 who is actively engaged in financial agricultural 13 businesses. 14 (b) One person representing agribusiness who is 15 actively engaged in agribusiness. 16 (c) One person representing agricultural 17 cooperative organizations who is a member of an 18 agricultural cooperative association as defined in 19 section 502.102. 20 (d) One person representing processors of 21 agricultural products who is actively engaged in 22 processing such products. 23 (e) One person representing marketers of 24 agricultural commodities or products who is actively 25 engaged in marketing agricultural commodities or 26 products. 27 (f) One person representing an organization 28 promoting producers of agricultural commodities 29 generally rather than a specific commodity, who is an 30 active member of such organization. 31 (g) Two persons representing organizations 32 promoting producers of specific commodities who are 33 members of the organizations. 34 (2) The following nonvoting, ex officio members: 35 (a) One person appointed by the governor 36 representing the governor's office 37 (b) Four members of the general assembly. The 38 members shall be two senators, appointed by the 39 president of the senate after consultation with the 40 majority leader of the senate and the minority leader 41 of the senate from their respective parties, and two 42 representatives appointed by the speaker of the house 43 after consultation with the majority leader of the 44 house of representatives and the minority leader of 45 the house of representatives from their respective 46 parties. 47 b. The members of the appointment committee shall 48 exercise due care to assure that persons appointed to 49 the initial board of directors have the requisite 50 financial experience necessary in order to carry out Page 2 1 the duties of the corporation as established in this 2 division, including in areas related to agricultural 3 lending, commercial banking, and investment 4 management. 5 c. The members appointed to the appointment 6 committee shall be entitled to receive a per diem as 7 specified in section 7E.6 for each day spent in 8 performance of duties as members, and shall be 9 reimbursed for actual and necessary expenses incurred 10 in performance of duties as members of the appointment 11 committee. 12 d. Upon the election of the board of directors, 13 the terms of the members of the appointment committee 14 of directors shall expire. 15 4. The department shall assist the incorporators 16 and the appointment committee in"." 17 2. Page 5, by inserting after line 44, the 18 following: 19 "Sec. ___. APPOINTMENTS. The appointments made by 20 the governor to the appointment committee as provided 21 in section 15E.206 shall be made as soon as 22 practicable after July 1, 1998." Amendment H-9260 lost. Koenigs of Mitchell offered the following amendment H-9215, to the committee amendment H-9196, filed by him and Churchill of Polk and moved its adoption: H-9215 1 Amend the amendment, H-9196, to Senate File 2415, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 3, line 43, by striking the word 5 "seventy-five" and inserting the following: "twenty". Amendment H-9215 lost. Houser of Pottawattamie offered the following amendment H-9250, to the committee amendment H-9196, filed by him and moved its adoption: H-9250 1 Amend the amendment, H-9196, to Senate File 2415, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 4, line 38, by striking the word 5 "construction" and inserting the following: 6 "construction,". 7 2. Page 5, line 29, by striking the word "The" 8 and inserting the following: "From moneys deposited 9 into the road use tax fund, the". Amendment H-9250 was adopted. Churchill of Polk asked and received unanimous consent to withdraw amendment H-9261, to the committee amendment H-9196, filed by him from the floor. Siegrist of Pottawattamie asked and received unanimous consent that Senate File 2415 be temporarily deferred. On motion by Siegrist of Pottawattamie, the House was recessed at 12:08 p.m., until 12:45 p.m. AFTERNOON SESSION The House reconvened at 12:47 p.m., Speaker Corbett in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed fifty-three members present, forty-seven absent. The House resumed consideration of Senate File 2415, previously deferred. Weigel of Chickasaw offered the following amendment H-9273, to the committee amendment H-9196, filed by him and Vande Hoef of Osceola from the floor and moved its adoption: H-9273 1 Amend the amendment H-9196, to Senate File 2415, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 11, by inserting after the word 5 "purposes." the following: "A need also exists to 6 support biomass energy sources." Amendment H-9273 was adopted. Meyers of Sac moved the adoption of the committee amendment H-9196, as amended. The committe amendment H-9196, as amended, was adopted. Sukup of Franklin offered the following amendment H-9274 filed by him from the floor and moved its adoption: H-9274 1 Amend Senate File 2415, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 7, by inserting after line 14 the 4 following: 5 "___. A director of the corporation's board of 6 directors shall not serve for more than seven 7 consecutive years as a board director." 8 2. By renumbering as necessary. Amendment H-9274 was adopted. Falck of Fayette offered the following amendment H-9270 filed by him and Houser of Pottawattamie from the floor and moved its adoption: H-9270 1 Amend Senate File 2415, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 9, by inserting after line 7 the 4 following: 5 "In selecting projects to receive financing, it is 6 the intent of the general assembly that the 7 corporation seek projects with wage, benefit, and work 8 safety plans which improve the quality of employment 9 in the state and which would not displace employees of 10 existing Iowa agricultural industry ventures." Amendment H-9270 was adopted. Churchill of Polk offered the following amendment H-9262 filed by him, Koenigs of Mitchell, Dix of Butler, Garman of Story, Nelson of Marshall, Huser of Polk, Taylor of Linn, Holmes of Scott and Brunkhorst Bremer, from the floor and moved its adoption: H-9262 1 Amend Senate file 2415, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 10, line 25, by striking the words 4 "twenty-five" and inserting the following: "twenty". 5 2. Page 10, line 26, by striking the word "four" 6 and inserting the following: "five". Roll call was requested by Koenigs of Mitchell and Holveck of Polk. On the question "Shall amendment H-9262 be adopted?" (S.F. 2415) The ayes were, 47: Bernau Boddicker Brunkhorst Bukta Burnett Chiodo Churchill Connors Dix Doderer Dotzler Drake Drees Fallon Foege Ford Frevert Garman Holmes Holveck Huser Jenkins Jochum Kinzer Koenigs Larkin Lord Martin Mascher May Moreland Murphy Myers Nelson Osterhaus Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Witt The nays were, 52: Arnold Barry Bell Blodgett Boggess Bradley Brand Brauns Carroll Cataldo Cohoon Cormack Dinkla Dolecheck Eddie Falck Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Houser Huseman Jacobs Klemme Kreiman Kremer Lamberti Larson Mertz Metcalf Meyer Millage Mundie O'Brien Rants Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Wise Mr. Speaker Corbett Absent or not voting, 1: Chapman Amendment H-9262 lost. SPECIAL PRESENTATION Veenstra of Sioux introduced to the House, Shane Scholten who then proposed marriage to Joy Veenstra, legislative clerk for the House and daughter of Representative Ken and Jan Veenstra. The House rose and expressed its congratulations. Dix of Butler asked and received unanimous consent to withdraw amendment H-9263 filed by him, Garman of Story, Nelson of Marshall, Huser of Polk, Taylor of Linn, and Brunkhorst of Bremer from the floor. Holveck of Polk offered amendment H-9275 filed by him from the floor as follows: H-9275 1 Amend Senate File 2415, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 10, line 30, by striking the word 4 "either" and inserting the following: "any". 5 2. Page 11, by inserting after line 23 the 6 following: 7 "___. A member of the economic development board, 8 an employee of the department of economic development, 9 an elected state official, or any director or other 10 officer or an employee of the corporation." 11 3. By relettering as necessary. Houser of Pottawattamie rose on a point of order that amendment H-9275 was not germane. The Speaker ruled the point not well taken and amendment H-9275 germane. The House stood at ease at 1:48 p.m., until the fall of the gavel. The House resumed session at 2:02 p.m, Speaker Corbett in the chair. Holveck of Polk moved the adoption of amendment H-9275. Roll call was requested by Schrader of Marion and Siegrist of Pottawattamie. On the question "Shall amendment H-9275 be adopted?" (S.F. 2415) The ayes were, 98: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Churchill Cohoon Connors Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 2: Chapman Van Fossen Amendment H-9275 was adopted. Chiodo of Polk asked and received unanimous consent that amendment H-9280 be deferred. Weigel of Chickasaw offered the following amendment H-9264 filed by him from the floor and moved its adoption: H-9264 1 Amend Senate File 2415, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 11, by inserting after line 23 the 4 following: 5 "___. A corporation shall not provide financing to 6 support an agricultural products processor which has 7 closed or substantially reduced the operations of an 8 agricultural products processing facility in one area 9 of the state and relocated substantially the same 10 facility elsewhere in the state. However, this 11 subsection does not prohibit an agricultural products 12 processor from expanding a facility, if existing 13 operations of a facility of a similar nature in the 14 state are not closed or substantially reduced." 15 2. By renumbering as necessary. A non-record roll call was requested. The ayes were 29, nays 42. Amendment H-9264 lost. Kreiman of Davis offered the following amendment H-9268 filed by him from the floor and moved its adoption: H-9268 1 Amend Senate File 2415, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 11, by inserting after line 23 the 4 following: 5 " . A corporation shall not provide financing to 6 an eligible recipient to support an Iowa agricultural 7 industry venture, unless the board of directors for 8 the corporation determines that the eligible recipient 9 has a substantial equity position in the Iowa 10 agricultural industry venture." Amendment H-9268 lost. Churchill of Polk offered the following amendment H-9265 filed by him from the floor and moved its adoption: H-9265 1 Amend Senate File 2415, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 12, by striking lines 25 through 28 and 4 inserting the following: "articles shall provide that 5 an audit of the corporation must be conducted each 6 year for the preceding year by a certified public 7 accountant licensed pursuant to chapter 542C. The 8 auditor of state may audit the books and accounts of 9 the corporation at any time. The results of the 10 annual audit and any audit for the current year 11 conducted by the auditor of state shall be included as 12 part of the report." Amendment H-9265 was adopted. Reynolds-Knight of Van Buren asked and received unanimous consent to withdraw amendment H-9221 filed by her on April 16, 1998. Weigel of Chickasaw asked and received unanimous consent that amendment H-9242 be deferred. Dotzler of Black Hawk asked and received unanimous consent to withdraw amendment H-9243 filed by him on April 16, 1998. Taylor of Linn asked and received unanimous consent to withdraw amendments H-9244 and H-9245, filed by him on April 16, 1998. Holveck of Polk offered the following amendment H-9249 filed by him and moved its adoption: H-9249 1 Amend Senate File 2415, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 15, by inserting after line 20 the 4 following: 5 "(__) The agricultural products processor must 6 make a capital investment in the certified facility of 7 at least twice the amount of financing invested in the 8 certified facility by the corporation." Amendment H-9249 lost. Shoultz of Black Hawk offered the following amendment H-9272 filed by him from the floor and moved its adoption: H-9272 1 Amend Senate File 2415, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 15, by inserting after line 20, the 4 following: 5 "(__) The agricultural products processor must 6 consult with the Iowa waste reduction center at the 7 university of northern Iowa to minimize the volume of 8 waste products produced by a certified facility." Amendment H-9272 lost. Koenigs of Mitchell offered the following amendment H-9241 filed by him and moved its adoption: H-9241 1 Amend Senate File 2415, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 16, by inserting before line 2, the 4 following: 5 "(__) The corporation has evaluated the impact of 6 the construction, expansion, or acquisition of the 7 certified facility on other businesses in competition 8 with the facility. The corporation shall make a good 9 faith effort to identify those businesses within the 10 area in competition with the certified facility, and 11 the probability that the construction, expansion, or 12 acquisition of the certified facility will displace 13 employees of existing businesses." 14 2. By renumbering as necessary. Amendment H-9241 lost. Dix of Butler asked and received unanimous consent to withdraw amendment H-9253 filed by Dix, et al., on April 16, 1998. Dix of Butler offered the following amendment H-9254 filed by Dix, et al., and moved its adoption: H-9254 1 Amend Senate File 2415, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 16, by inserting after line 6, the 4 following: 5 " . A corporation shall not provide financing to 6 an eligible person to support an Iowa agricultural 7 industry venture, unless the eligible person 8 demonstrates that the person cannot obtain a loan from 9 conventional sources of financing, after considering 10 the person's net worth, debt-to-asset ratio, debt 11 service coverage ratio, projected income, and 12 projected cash flow." Amendment H-9254 lost. Holveck of Polk offered the following amendment H-9240 filed by Holveck, et al., and moved its adoption: H-9240 1 Amend Senate File 2415, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 16, by inserting after line 9, the 4 following: 5 "__. A corporation shall take all reasonable steps 6 to ensure the safety and soundness of all financial 7 assistance provided to an eligible person under this 8 section, which shall include any necessary conditions 9 incorporated in the agreement executed by the eligible 10 person and the corporation. The conditions shall at 11 least include all of the following: 12 a. The eligible person must periodically deliver 13 to the corporation information updating the financial 14 status of the corporation, including an accounting of 15 financing provided to the eligible person by the 16 corporation. 17 b. The corporation reserves the right to change or 18 adjust the terms of financing, including a right to 19 demand immediate repayment of a loan, if the 20 corporation determines that the financial condition of 21 the eligible person has changed or deteriorated to the 22 point that a security interest held by the corporation 23 is jeopardized or that the repayment of a loan in 24 accordance with the terms of the agreement is in 25 jeopardy. 26 c. The corporation must demand the immediate 27 repayment of financing provided to the eligible person 28 by the corporation, if the eligible person is in 29 violation of any substantive provision of this 30 division or the agreement." Amendment H-9240 lost. Mascher of Johnson offered the following amendment H-9267 filed by her from the floor and moved its adoption: H-9267 1 Amend Senate File 2415, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 16, by inserting after line 9, the 4 following: 5 "__. A corporation shall not provide financing to 6 an agricultural products processor until all known 7 required environmental regulations, permits, and 8 audits are met." Amendment H-9267 lost. Holveck of Polk offered the following amendment H-9266 filed by him from the floor and moved its adoption: H-9266 1 Amend Senate File 2415, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 16, line 20, by striking the word "may" 4 and inserting the word "shall". 5 2. Page 16, line 21, by inserting after the word 6 "division." the following: "The rules shall include a 7 provision prohibiting any person who receives 8 financial assistance from a corporation under this 9 division from receiving assistance from the community 10 economic betterment program account established under 11 section 15.320." Amendment H-9266 lost. Vande Hoef of Osceola asked and received unanimous consent to withdraw amendment H-9214 filed by Vande Hoef, et al., on April 16, 1998. Kreiman of Davis asked and received unanimous consent that amendment H-9269 be deferred. Holveck of Polk offered the following amendment H-9255 filed by him and moved its adoption: H-9255 1 Amend Senate File 2415, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 17, by inserting before line 18, the 4 following: 5 "Sec. ___. EFFECTIVENESS. The general assembly 6 recognizes that this Act places public moneys at risk, 7 by authorizing a private corporation to engage in 8 speculative ventures by using public funds, without 9 oversight customarily required for the appropriation 10 of state moneys to entities carrying out public 11 purposes. Therefore, this Act shall only become 12 effective if approved by a vote of at least three- 13 fifths of the members of both chambers of the general 14 assembly and signed by the governor." 15 2. By renumbering as necessary. Amendment H-9255 lost. Huser of Polk offered amendment H-9281 filed by her, Chiodo of Polk and Fallon of Polk from the floor as follows: H-9281 1 Amend Senate File 2415, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 10, line 30, by striking the word 4 "either" and inserting the following: "any". 5 2. Page 11, by inserting after line 23 the 6 following: 7 "___. An agricultural products processor, if all 8 of the following apply: 9 (1) The financing supports the construction, 10 expansion, or acquisition of an agricultural products 11 processing facility for slaughtering live animals or 12 receiving, buying, or soliciting live animals for 13 slaughter, the meat products of which are directly or 14 indirectly to be offered for resale or for public 15 consumption. 16 (2) The agricultural products processing facility 17 is located within a city having a population of one 18 hundred seventy-five thousand or more." 19 3. By relettering as necessary. Veenstra of Sioux in the chair at 3:30 p.m. A non-record roll call was requested. Rule 75 was invoked. The ayes were 46, nays 49. Amendment H-9281 lost. Chiodo of Polk asked and received unanimous consent to withdraw amendment H-9280 filed by him and Huser of Polk from the floor. Weigel of Chickasaw asked and received unanimous consent to withdraw amendment H-9242 filed by him on April 16, 1998. Kreiman of Davis offered the following amendment H-9269 filed by him from the floor and moved its adoption: H-9269 1 Amend Senate File 2415, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 16, by inserting after line 21 the 4 following: 5 "Sec. ___. NEW SECTION. 15E.213 REAUTHORIZATION. 6 Any Iowa agricultural industry finance corporation 7 formed under this division shall be dissolved as 8 provided in chapter 490, division XIV, unless the 9 general assembly reauthorizes the corporation during a 10 session of a general assembly which convenes every 11 five years beginning when the 2003 Session of the 12 Eightieth General Assembly. If the general assembly 13 fails to reauthorize a corporation, the corporation 14 shall wind up the affairs of the corporation within 15 six months of the adjournment of that session of the 16 general assembly, as provided by rules adopted by the 17 department. The corporation shall provide for the 18 orderly liquidation of all assets, settle existing 19 liabilities, and transfer unobligated moneys to the 20 department for deposit into the road use tax fund. 21 This section shall not interfere with existing 22 contractual relationships executed by the corporation 23 and other parties, including eligible persons under 24 section 15E.210." Amendment H-9269 lost. Speaker pro tempore Van Maanen of Marion in the chair at 4:10 p.m. Speaker Corbett in the chair at 4:40 p.m. 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?" (S.F. 2415) The ayes were, 72: Arnold Barry Bell Blodgett Boggess Bradley Brand Brauns Brunkhorst Bukta Carroll Cataldo Cohoon Cormack Dinkla Dolecheck Dotzler Drake Eddie Falck Frevert Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Huser Jacobs Jenkins Kinzer Klemme Kreiman Kremer Lamberti Larkin Larson Lord Martin May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Nelson O'Brien Rants Rayhons Reynolds-Knight Siegrist Sukup Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Welter Wise Mr. Speaker Corbett The nays were, 27: Bernau Boddicker Burnett Chiodo Churchill Connors Dix Doderer Drees Fallon Foege Ford Garman Holveck Jochum Koenigs Mascher Myers Osterhaus Richardson Scherrman Schrader Shoultz Taylor Weigel Whitead Witt Absent or not voting, 1: Chapman The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 2415 be immediately messaged to the Senate. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 17, 1998, adopted the following resolution in which the concurrence of the Senate was asked: House Concurrent Resolution 110, a concurrent resolution affirming the efforts of the child welfare services work group established by the Legislative Council, requesting approval for continuance of the work group, and requesting that leadership of the General Assembly work with the Governor and Iowa's congressional delegation in developing a memorandum of understanding with the federal government. Also: That the Senate has on April 17, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 2530, a bill for an act relating to the administration of the tax and related laws by the department of revenue and finance, including administration of state individual income, corporate income, franchise, sales, services, and use, motor fuel, cigarette and tobacco, local option, inheritance and estate, and property taxes and the livestock production credit; providing penalties; and including effective and retroactive applicability date provisions. Also: That the Senate has on April 17, 1998, amended and passed the following bill in which the concurrence of the House is asked: House File 2558, a bill for an act relating to mental health, developmental disability, and substance abuse service, commitment, and payment provisions, and including an applicability provision and an effective date. Also: That the Senate has on April 17, 1998, adopted the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 118, a concurrent resolution requesting the Legislative Council to establish an interim study committee to review the issue of the deregulation and restructuring of the electric utility industry. Also: That the Senate has on April 17, 1998, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 2366, a bill for an act relating to the licensing and employment of practitioners and the school districts employing them, making appropriations, and including retroactive applicability and effective date provisions. MARY PAT GUNDERSON, Secretary Unfinished Business Calendar Senate File 2345, a bill for an act relating to juvenile justice system provisions involving foster care, termination of parental rights, and adoption preplacement investigations, with report of committee recommending passage, was taken up for consideration. Boddicker of Cedar offered the following amendment H-9173 filed by him and moved its adoption: H-9173 1 Amend Senate File 2345, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, by striking lines 1 through 9. 4 2. Page 2, line 12, by inserting after the word 5 "application." the following: "If the court does not 6 designate an appropriate person who performs the 7 required duties, notwithstanding section 234.39 or any 8 other provision of law, the child's parent shall not 9 be responsible for paying the cost of care and 10 services for the duration of the removal order." 11 3. Page 2, line 28, by striking the word 12 "therein" and inserting the following: "thereinin 13 the home". 14 4. Page 4, by striking lines 23 and 24 and 15 inserting the following: "circumstances is indicated 16 by any of the following:" 17 5. By striking page 4, line 26, through page 5, 18 line 19, and inserting the following: 19 "__. The court finds the circumstances described 20 in section 232.116, subsection 1, paragraph "h", are 21 applicable to the child." 22 6. Page 5, line 22, by striking the words "a 23 preponderance of" and inserting the following: "clear 24 and convincing". 25 7. Page 5, by striking lines 30 and 31 and 26 inserting the following: 27 "__. The parent has been convicted of aiding or 28 abetting, attempting, conspiring in, or soliciting the 29 commission of the murder or voluntary". 30 8. Page 7, by striking lines 30 and 31 and 31 inserting the following: 32 "(2) A court has determined aggravated 33 circumstances exist and has waived the requirement for 34 making reasonable efforts under section 232.102 35 because the court has found the circumstances 36 described in section 232.116, subsection 1, paragraph 37 "h", are applicable to the child. 38 (3) The child is less than twelve months of age 39 and has been judicially determined to meet the 40 definition of abandonment of a child." 41 9. Page 7, by striking line 32 and inserting the 42 following: 43 "(4) The parent has been convicted of the murder". 44 10. Page 7, by striking lines 34 and 35 and 45 inserting the following: 46 "(5) The parent has been convicted of aiding or 47 abetting, attempting, conspiring in, or soliciting the 48 commission". 49 11. Page 8, by inserting after line 2 the 50 following: Page 2 1 "(6) The parent has been convicted of a felony 2 assault which resulted in serious bodily injury of the 3 child or of another child of the parent." 4 12. Page 8, by inserting after line 17 the 5 following: 6 "Sec. ___. Section 232.112, subsection 1, Code 7 1997, is amended to read as follows: 8 1. Persons listed in section 232.111, subsection 9 3, shall be necessary parties to a termination of 10 parent-child relationship proceeding and are entitled 11 to receive notice and an opportunity to be heard, 12 except that notice may be dispensed with in the case 13 of any such person whose name or whereabouts the court 14 determines is unknown and cannot be ascertained by 15 reasonably diligent search. In addition to the 16 persons who are necessary parties who may be parties 17 under section 232.111, notice for any hearing under 18 this division shall be provided to the child's foster 19 parent, an individual providing preadoptive care for 20 the child, or a relative providing care for the 21 child." 22 13. Page 8, by striking lines 22 through 24 and 23 inserting the following: "to the child's safety, to 24 the best placement for furthering the long-term 25 nurturing and growth of the child, and to the 26 physical, mental, and emotional condition and needs of 27 the child.SuchThis consideration may include any of 28 the following:" 29 14. Page 10, by striking line 12 and inserting 30 the following: 31 "(b) Child endangerment or neglect or abandonment 32 of a dependent person." 33 15. Page 10, by striking line 35 and inserting 34 the following: 35 "(b) Child endangerment or neglect or abandonment 36 of a dependent person." 37 16. Page 11, by inserting after line 14 the 38 following: 39 "Sec. ___. PRESERVATION OF REASONABLE PARENTING. 40 Nothing in this Act is intended to disrupt the family 41 unnecessarily or to intrude inappropriately into 42 family life, to prohibit the use of reasonable methods 43 of parental discipline, or to prescribe a particular 44 method of parenting." 45 17. By renumbering as necessary. Amendment H-9173 was adopted. Boddicker of Cedar asked and received unanimous consent to withdraw amendment H-9209 filed by him on April 16, 1998. Boddicker of Cedar offered amendment H-9259 filed by him and Fallon of Polk from the floor as follows: H-9259 1 Amend Senate File 2345, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 2, by inserting after line 1 the 4 following: 5 "Sec. ___. Section 232.78, subsection 1, Code 6 1997, is amended by adding the following new 7 paragraph: 8 NEW PARAGRAPH. d. The application for the order 9 includes a statement of the facts to support the 10 findings specified in paragraphs "a", "b", and "c"." 11 2. Page 2, by inserting before line 2 the 12 following: 13 "Sec. ___. Section 232.78, Code 1997, is amended 14 by adding the following new subsection: 15 NEW SUBSECTION. 1A. The person making the 16 application for an order shall assert facts showing 17 there is reasonable cause to believe that the child 18 cannot either be returned to the place where the child 19 was residing or placed with the parent who does not 20 have physical care of the child." 21 3. Page 2, line 12, by inserting after the word 22 "application." the following: "The person designated 23 by the court shall file with the court a complete 24 written report providing all details of the designee's 25 conference with the person seeking the removal order, 26 the designee's efforts to inform the parents or other 27 person legally responsible for the child's care of the 28 application, and any inquiries made by the designee to 29 aid the court in disposing of the application." 30 4. Page 3, by inserting after line 10 the 31 following: 32 "Sec. ___. Section 232.99, Code 1997, is amended 33 by adding the following new subsection: 34 NEW SUBSECTION. 2A. In the initial dispositional 35 hearing, any hearing held under section 232.103, and 36 any dispositional review or permanency hearing, the 37 court shall inquire of the parties as to the 38 sufficiency of the services being provided and whether 39 additional services are needed to facilitate the safe 40 return of the child to the child's home. If the court 41 determines such services are needed, the court shall 42 order the services to be provided. The court shall 43 advise the parties that failure to identify a 44 deficiency in services or to request additional 45 services may preclude the party from challenging the 46 sufficiency of the services in a termination of 47 parent-child relationship proceeding. 48 Sec. ___. Section 232.102, subsection 1, paragraph 49 a, Code Supplement 1997, is amended to read as 50 follows: Page 2 1 a. A parent who does not have physical care of the 2 child, other relative, or other suitable person." 3 5. Page 3, by striking line 17 and inserting the 4 following: "welfare of the child, andthatshall 5 identify the reasonable efforts that have been". 6 6. Page 3, by inserting after line 19 the 7 following: 8 "Sec. ___. Section 232.102, subsection 7, Code 9 Supplement 1997, is amended to read as follows: 10 7. In any order transferring custody to the 11 department or an agency, or in orders pursuant to a 12 custody order, the court shall specify the nature and 13 category of disposition which will serve the best 14 interests of the child, and shall prescribe the means 15 by which the placement shall be monitored by the 16 court. If the court orders the transfer of the 17 custody of the child to the department of human 18 services or other agency for placement, the department 19 or agency shall submit a case permanency plan to the 20 court and shall make every reasonable effort to return 21 the child to the child's home as quickly as possible 22 consistent with the best interest of the child. When 23 the child is not returned to the child's home and if 24 the child has been previously placed in a licensed 25 foster care facility, the department or agency shall 26 consider placing the child in the same licensed foster 27 care facility. If the court orders the transfer of 28 custody to a parent who does not have physical care of 29 the child, other relative, or other suitable person, 30 the court may direct the department or other agency to 31 provide services to the child's parent, guardian, or 32 custodian in order to enable them to resume custody of 33 the child. If the court orders the transfer of 34 custody to the department of human services or to 35 another agency for placement in foster group care, the 36 department or agency shall make every reasonable 37 effort to place the child within Iowa, in the least 38 restrictive, most family-like, and most appropriate 39 setting available, and in close proximity to the 40 parents' home, consistent with the child's best 41 interests and special needs, and shall consider the 42 placement's proximity to the school in which the child 43 is enrolled at the time of placement." 44 7. Page 8, line 11, by inserting after the word 45 "child." the following: "A compelling reason shall 46 include but is not limited to documentation in the 47 child's case permanency plan indicating it is 48 reasonably likely the completion of the services being 49 received in accordance with the permanency plan will 50 eliminate the need for removal of the child or make it Page 3 1 possible for the child to safely return to the 2 family's home within six months." 3 8. Page 8, by inserting before line 18 the 4 following: 5 "Sec. ___. Section 232.111, subsection 3, Code 6 1997, is amended by adding the following new paragraph 7 after paragraph d and renumbering the subsequent 8 paragraph: 9 NEW PARAGRAPH. e. A complete list of the services 10 which have been offered to preserve the family and a 11 statement specifying the services provided to address 12 the reasons stated in any order for removal or in any 13 dispositional or permanency order which did not return 14 the child to the child's home." 15 9. Page 8, by inserting before line 25 the 16 following: 17 "Sec. ___. Section 232.117, subsection 3, 18 paragraph c, Code 1997, is amended to read as follows: 19 c. A parent who does not have physical care of the 20 child, other relative, or other suitable person." 21 10. By renumbering, relettering, or redesignating 22 and correcting internal references as necessary. Kreiman of Davis offered the following amendment H-9283, to amendment H-9259, filed by him, Boddicker of Cedar, Brand of Tama and Murphy of Dubuque from the floor and moved its adoption: H-9283 1 Amend the amendment, H-9259, to Senate File 2345, 2 as amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, line 29, by inserting after the word 5 "application." the following: "The report shall be 6 filed within five days of the date of the removal 7 order." Amendment H-9283 was adopted. Veenstra of Sioux in the chair at 6:01 p.m. Boddicker of Cedar moved the adoption of amendment H-9259, as amended. Amendment H-9259, as amended, was adopted. Boddicker of Cedar offered amendment H-9204 filed by him and Fallon of Polk as follows: H-9204 1 Amend Senate File 2345, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 9, by inserting after line 8 the 4 following: 5 "Sec. ___. Section 232.147, subsection 3, Code 6 Supplement 1997, is amended by adding the following 7 new paragraph: 8 NEW PARAGRAPH. h. If authorized by a subject of a 9 child abuse report as identified in section 235A.15, 10 subsection 2, paragraph "a", or by the parent, 11 guardian, or custodian of a child receiving services 12 or involved in a proceeding under this chapter, to a 13 statewide elected official, as defined in section 14 68B.2, a member of the general assembly, or a designee 15 of the statewide elected official or member of the 16 general assembly. The purpose of the disclosure shall 17 be for the elected official, member of the general 18 assembly, or designee to monitor compliance of state 19 agencies, officials, and employees with requirements 20 under law and the adequacy of the requirements. The 21 authorization under this paragraph shall encompass 22 information in the record which is subject to section 23 217.30 or 228.3 and relates to the person providing 24 the authorization or to a child of the person. The 25 penalties applicable to violations of section 217.30 26 or 228.3 are applicable to unauthorized disclosures of 27 information which are subject to section 217.30 or 28 228.3. 29 Sec. ___. Section 232.147, subsection 5, Code 30 Supplement 1997, is amended by adding the following 31 new unnumbered paragraph: 32 NEW UNNUMBERED PARAGRAPH. An individual authorized 33 under subsection 3, paragraph "h", to inspect official 34 juvenile court records, may inspect social records and 35 the contents of the records and the official juvenile 36 court records of cases alleging delinquency shall be 37 disclosed to such individual for the purposes 38 described in subsection 3, paragraph "h". The 39 authorization under this paragraph shall encompass 40 information in the record which is subject to section 41 217.30 or 228.3 and relates to the person providing 42 the authorization or to a child of the person. The 43 penalties applicable to violations of section 217.30 44 or 228.3 are applicable to unauthorized disclosures of 45 information which are subject to section 217.30 or 46 228.3." 47 2. Page 9, by inserting after line 23 the 48 following: 49 "Sec. ___. Section 235A.15, subsection 2, 50 paragraph d, Code Supplement 1997, is amended by Page 2 1 adding the following new subparagraph: 2 NEW SUBPARAGRAPH. (6) If authorized by a subject 3 of a child abuse report as identified in paragraph 4 "a", to a statewide elected official as defined in 5 section 68B.2, a member of the general assembly, or a 6 designee of a statewide elected official or member of 7 the general assembly, to the maximum extent access to 8 the information is available to any other person 9 authorized under this lettered paragraph. The purpose 10 of the access shall be to monitor compliance of state 11 agencies, officials, and employees with requirements 12 under the law and the adequacy of the requirements. 13 The authorization under this subparagraph shall 14 encompass child abuse information which is subject to 15 section 217.30 or 228.3 and relates to the person 16 providing the authorization or to a child of the 17 person. The penalties applicable to violations of 18 section 217.30 or 228.3 are applicable to unauthorized 19 disclosures of information which are subject to 20 section 217.30 or 228.3. 21 Sec. ___. Section 235A.19, subsection 2, paragraph 22 b, Code Supplement 1997, is amended by adding the 23 following new subparagraph: 24 NEW SUBPARAGRAPH. (8) To a statewide elected 25 official, a member of the general assembly, or a 26 designee of a statewide elected official or member of 27 the general assembly authorized under section 235A.15, 28 subsection 2, paragraph "d". The authorization under 29 this subparagraph shall encompass child abuse 30 information which is subject to section 217.30 or 31 228.3 and relates to the person providing the 32 authorization or to a child of the person. The 33 penalties applicable to violations of section 217.30 34 or 228.3 are applicable to unauthorized disclosures of 35 information which are subject to section 217.30 or 36 228.3." 37 3. By renumbering as necessary. Murphy of Dubuque rose on a point of order that amendment H-9204 was not germane. The Speaker ruled the point well taken and amendment H-9204 not germane. Boddicker of Cedar moved to suspend the rules to consider amendment H-9204. A non-record roll call was requested. The ayes were 30, nays 42. The motion to suspend the rules lost. Boddicker of Cedar offered the following amendment H-8867 filed by him and Moreland of Wapello and moved its adoption: H-8867 1 Amend Senate File 2345, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 10, line 11, by striking the words 4 "physical assault, battery, or". 5 2. Page 10, line 15, by striking the words "child 6 pornography" and inserting the following: "sexual 7 exploitation of a minor". 8 3. Page 10, by striking lines 16 and 17 and 9 inserting the following: 10 "(e) A forcible felony." 11 4. Page 10, line 34, by striking the words 12 "physical assault, battery, or". 13 5. Page 11, line 3, by striking the words "child 14 pornography" and inserting the following: "sexual 15 exploitation of a minor". 16 6. Page 11, by striking lines 4 and 5 and 17 inserting the following: 18 "(e) A forcible felony." Amendment H-8867 was adopted. Boddicker of Cedar moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 2345) The ayes were, 88: Arnold Barry Bell Bernau Blodgett Boddicker Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Cohoon Connors Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Thomas Tyrrell Van Fossen Van Maanen Weidman Weigel Welter Whitead Wise Witt Veenstra, Presiding The nays were, none. Absent or not voting, 12: Boggess Chapman Churchill Greig Koenigs Meyer Millage Rants Teig Thomson Vande Hoef Warnstadt 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 2345 be immediately messaged to the Senate. COMMUNICATION FROM THE STATE APPEAL BOARD The following communication was received from the State Appeal Board on April 15, 1998, and is on file in the office of the Chief Clerk: April 15, 1998 Chief Clerk House of Representatives Statehouse LOCAL Dear Chief Clerk: There are transmitted herewith claims against the State of Iowa to be filed with the Claims Committee of the House of Representatives. These include 20 claims of general nature that were denied by the State Appeal Board during April 1998. This supplements our filing of March 31, 1998. The attached index shows claim number, name and address of claimant and the amount requested in the claim. Sincerely, Michael Fitzgerald Chairperson STATE APPEAL BOARD Receipt of the above is hereby acknowledged. ELIZABETH A. ISAACSON Chief Clerk of the House DENIED GENERAL CLAIMS BY THE STATE APPEAL BOARD SUBMITTED TO THE 77TH GENERAL ASSEMBLY April 1998 Claim Full Name City Type Amount G970035 Department of Human L O C A L IPERS-State $565.78 Services Share G931239 Barb K. Parcher Carroll, IA Court $79.00 Reporter G952389 Charles Sykes Fort Smith, AR Unused Sick $2,000.00 Leave Claim Full Name City Type Amount G971208 Toni Salazar Tassone Des Moines, IA IPERS $364.07 G971333 James C. & Ardith Sioux City, IA Federal Pension Unknown Harris Refund G971334 James C. & Ardith Sioux City, IA Federal Pension Unknown Harris Refund G971335 James C. & Ardith Sioux City, IA Federal Pension Unknown Harris Refund G971336 James C. & Ardith Sioux City, IA Federal Pension Unknown Harris Refund G980249 Wheels, Inc. Des Plaines, IL License $183.00 Refund G980256 Land O'Lakes, Inc. Arden Hills, MN License $65.00 Refund G980472 Larry Blaydes Fort Calhoun, NE License $84.00 Refund G980481 Mark Albert Erickson Milbank, SD License $32.00 Refund G980482 Mark Albert Erickson Milbank, SD License $44.00 Refund G980484 Robert Liverca St. Cloud, MN License $158.00 Refund G980487 Richard Eickholt Columbus, NE License $195.00 Refund G980494 Virginia W. Kennedy Carlock, IL License $56.00 Refund G980495 HMI Chicago, IL Chronic Renal $23.84 Disease Program G980507 Francis Vincent Pharr, TX License $60.00 Guinan Refund G980517 Stadtlander Pharmacy Pittsburg, PA Chronic Renal $17.87 Disease Program G980591 GTE Midwest Dallas, TX Phone Costs $65.13 Incorporated EXPLANATION OF VOTE I was necessarily absent from the House chamber on Thursday afternoon, April 16, 1998. Had I been present, I would have voted "aye" on House File 2545. MUNDIE of Webster BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR The Chief Clerk of the House submitted the following report: Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bills have been examined and found correctly enrolled, signed by the Speaker of the House and the President of the Senate, and presented to the Governor for his approval on this 17th day of April, 1998: House Files 2120 and 2282. ELIZABETH A. ISAACSON Chief Clerk of the House Report adopted. BILLS SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on April 17, 1998, he approved and transmitted to the Secretary of State the following bills: House File 2169, an act raising the limit on the amount of assets subject to a conservatorship in cases where a private nonprofit corporation serves as conservator and providing for an increase in the amount of assets in a minor ward's conservatorship eligible for an order for termination of the conservatorship and for delivery of the conservatorship assets to certain custodians. House File 2271, an act relating to obsolete and unnecessary provisions of the Code. House File 2281, an act providing for the mandatory recording of certain residential real estate installment sales contracts, providing a penalty, and providing for the Act's applicability. House File 2454, an act relating to motor vehicle operator proof of financial responsibility and providing an effective date and for retroactive applicability. House File 2473, an act providing for mediation in disputes involving agricultural producers. House File 2495, an act relating to the conduct of elections in the state. Senate File 540, an act relating to the second injury compensation Act, by providing for payments to the second injury fund including the imposition of an employer surcharge and a sunset of the ability to impose an employer surcharge, providing for the collection of payments to the second injury fund, and providing an effective date and applicability provision. Senate File 2037, an act relating to the Iowa state fair convention by providing for its membership and the election of members to the Iowa state fair board. Senate File 2235, an act concerning judicial administration and providing an effective date. Senate File 2254, an act relating to charges for room and board by certain prisoners. Senate File 2259, an act relating to search warrant applications. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Thirty-five 5th grade students from North Cedar Elementary School, Mechanicsville, accompanied by Ruth Miller and Ann Pruess. By Boddicker of Cedar. FFA students from Waverly Shell Rock High School, Shell Rock. By Brunkhorst of Bremer. FFA students from Denver and Wapsie Valley Schools. By Brunkhorst of Bremer. Twelve FFA students from Harlan Community School, Harlan, accompanied by Don Leinen. By Drake of Pottawattamie. The confirmation class from First Methodist Church, Cedar Falls, accompanied by Reverend Keith Scott. By Jenkins of Black Hawk and Witt of Black Hawk. Six FFA members from Riceville High School, Riceville, accompanied by Jim Green. By Koenigs of Mitchell and Weigel of Chickasaw. Thirty-six 8th grade students Alden Community Schools, Alden, accompanied by Ms. Christy Harris. By Sukup of Franklin. Six visitors from various cities, part of the Commission of Iowa Deaf Services Program, accompanied by Joan Webster-Vore. By Witt of Black Hawk. 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\484 Clyde and Irvel Oshel, Murray - For celebrating their 50th wedding anniversary. 1998\485 Marjorie and Richard Carson, Woodburn - For celebrating their 50th wedding anniversary. 1998\486 Eston and Ethel Curtis, Promise City - For celebrating their 60th wedding anniversary. 1998\487 Thomas and Lena Gatrel, Numa - For celebrating their 65th wedding anniversary. 1998\488 Jennifer Gries, Elk Horn - For being named to the Girls' Basketball Second Team All-State. 1998\489 Emily Kinser, Walnut - For being elected vice-president of the state FHA organization. 1998\490 Keith and Evelyn VanSickle, Newton - For celebrating their 50th wedding anniversary. 1998\491 Brianne Schoonover, Fredericksburg - For being named Class 1-A First Team All-State Basketball Team by the Iowa Newspaper Association and Des Moines Register. COMMITTEE RECOMMENDATION MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendation has been received and is on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON APPROPRIATIONS Senate File 2418, a bill for an act relating to state government technology and operations, by making and relating to appropriations to the Iowa communications network for the connection and support of certain Part III users, making appropriations to various entities for other technology-related purposes, providing for the procurement of information technology, providing for the transfer of the information technology division, providing for the use of the network, establishing an information technology bureau, making miscellaneous related changes, and providing effective dates. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-9285 April 17, 1998. RESOLUTION FILED SCR 118, by Jensen, a concurrent resolution requesting the Legislative Council to establish an interim study committee to review the issue of the deregulation and restructuring of the electric utility industry. Laid over under Rule 25. AMENDMENTS FILED H-9256 H.F. 2498 Brunkhorst of Bremer H-9257 H.F. 2498 Van Maanen of Marion H-9258 H.F. 2498 Martin of Scott Cataldo of Polk H-9271 H.F. 2163 Senate Amendment H-9276 H.F. 2498 Taylor of Linn H-9277 H.F. 2498 Vande Hoef of Osceola H-9278 H.F. 2498 Murphy of Dubuque H-9279 H.F. 2498 Murphy of Dubuque H-9282 H.F. 2530 Senate Amendment H-9284 H.F. 2558 Senate Amendment H-9285 S.F. 2418 Committee on Appropriations H-9286 H.F. 2498 Kreiman of Davis H-9287 H.F. 2560 Van Fossen of Scott Bell of Jasper H-9288 H.F. 2498 Huser of Polk H-9289 H.F. 2549 Jenkins of Black Hawk H-9290 S.F. 2418 Jenkins of Black Hawk On motion by Siegrist of Pottawattamie, the House adjourned at 6:45 p.m., until 9:00 a.m., Monday, April 20, 1998.
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