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House Journal: Monday, April 20, 1998

Ninety-ninth Calendar Day - Sixty-sixth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, April 20, 1998
The House met pursuant to adjournment at 9:00 a.m., Speaker
Corbett in the chair.
Prayer was offered by Father Mark Osterhaus, St Paul's Catholic
Church, Worthington.  He is the son of Representative Robert
Osterhaus.
The Journal of Friday, April 17, 1998 was approved.
THE PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Speaker Corbett.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Holveck of Polk, until his arrival, by Shoultz of Black Hawk;
Dinkla of Guthrie, for the remainder of the week, by Siegrist of
Pottawattamie.

CONSIDERATION OF BILLS
Unfinished Business Calendar
House File 2232, a bill for an act relating to rural improvement
zones, with report of committee recommending amendment and
passage, was taken up for consideration.
Huseman of Cherokee asked and received unanimous consent to
withdraw the committee amendment H-8140 filed by the committee
on local government on February 27, 1998.
Huseman of Cherokee offered the following amendment H-9183 filed
by him and moved its adoption:

H-9183

 1     Amend House File 2232 as follows:
 2     1.  Page 1, by striking lines 4 through 7 and
 3   inserting the following:
 4     "The board of supervisors of a county with less
 5   than eleven thousand five hundred residents but more
 6   than ten thousand five hundred residents, based upon
 7   the 1990 certified federal census, and with a private
 8   lake development, shall designate".
 9     2.  Page 1, line 14, by inserting after the word
10   "improvements" the following:  ", including soil
11   conservation practices,".
Amendment H-9183 was adopted.
SENATE FILE 2284 SUBSTITUTED FOR HOUSE FILE 2232
Huseman of Cherokee asked and received unanimous consent to
substitute Senate File 2284 for House File 2232.
Senate File 2284, a bill for an act relating to rural
improvement zones, was taken up for consideration.
Huseman of Cherokee moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 2284)

The ayes were, 92:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker	Boggess 	Bradley 
Brand	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	Cataldo 	Chapman 
Chiodo 	Cohoon 	Connors 	Cormack 
Dix 	Dolecheck 	Dotzler 	Drake 
Drees 	Eddie 	Falck 	Fallon
Foege 	Ford 	Frevert 	Garman 
Gipp 	Greig 	Greiner 	Gries 
Grundberg	Hahn 	Hansen 	Heaton 
Holmes 	Huseman 	Huser 	Jacobs 
Jenkins 	Jochum 	Kinzer 	Klemme 
Koenigs 	Kreiman 	Kremer 	Lamberti 
Larkin 	Larson 	Lord 	Martin 
Mascher 	May 	Mertz	Metcalf 
Meyer 	Millage 	Mundie 	Murphy 
Myers	Nelson	O'Brien 	Osterhaus 
Rants 	Rayhons 	Reynolds-Knight 	Richardson 
Scherrman 	Schrader 	Shoultz 	Siegrist 
Sukup 	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, 8:

Churchill 	Dinkla 	Doderer 	Holveck 
Houser 	Moreland 	Taylor 	Van Fossen 

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2284 be immediately messaged to the Senate.
Ways and Means Calendar
Senate File 2061, a bill for an act relating to a delay in
implementing the inclusion of certain information on property
tax statements by providing a deferral application process and
providing an effective date, with report of committee
recommending amendment and passage, was taken up for
consideration.
Dix of Butler offered amendment H-8801 filed by the committee on
ways and means as follows:

H-8801

 1     Amend Senate File 2061 as follows:
 2     1.  Page 1, by inserting before line 24, the
 3   following:
 4     "Sec. ___.  Section 445.5, subsection 1, unnumbered
 5   paragraph 1, Code Supplement 1997, is amended to read
 6   as follows:
 7     As soon as practicable after receiving the tax list
 8   prescribed in chapter 443, the treasurer shall deliver
 9   to the taxpayer titleholder a statement of taxes due
10   and payable which shall include the following
11   information:
12     Sec. ___.  Section 445.5, subsection 1, unnumbered
13   paragraph 2, Code Supplement 1997, is amended by
14   striking the paragraph and inserting in lieu thereof
15   the following:
16     2.  The county treasurer shall each year, upon
17   request and without charge, deliver to the following
18   persons or entities, or their duly authorized agents,
19   a copy of the tax statement or a list of statements by
20   parcel:
21     a.  Contract purchaser.
22     b.  Lessee.
23     c.  Mortgagee.
24     d.  Financial institution organized or chartered or
25   holding an authorization certificate pursuant to
26   chapter 524, 533, or 534.
27     e.  Federally chartered financial institution.
28     3.  A person other than those listed in subsection
29   2, who requests a tax statement or list of tax
30   statements by parcel, shall pay a fee to the treasurer
31   at a rate not to exceed two dollars per parcel."
32     2.  Title page, line 1, by inserting after the
33   word "to" the following:  "property tax statements and
34   to".
35     3.  By renumbering as necessary.
Dix of Butler offered the following amendment H-9033, to the
committee amendment H-8801, filed by him and moved its adoption:

H-9033

 1     Amend the amendment, H-8801, to Senate File 2061,
 2   as passed by the Senate, as follows:
 3     1.  Page 1, line 2, by striking the words
 4   "inserting before line 24," and inserting the
 5   following:  "striking lines 10 through 23 and
 6   inserting".
 7     2.  Page 1, line 17, by striking the words "and
 8   without charge".
 9     3.  Page 1, by striking lines 19 and 20 and
10   inserting the following:  "a copy of the tax statement
11   or tax statement information:"
12     4.  Page 1, by inserting after line 27 the
13   following:
14     "The treasurer may negotiate and charge a
15   reasonable fee not to exceed the cost of producing the
16   information for the requestor for a tax statement or
17   tax statement information provided by the treasurer."
18     5.  Page 1, by striking lines 29 and 30 and
19   inserting the following:  "2, who requests a tax
20   statement or tax statement information, shall pay a
21   fee to the treasurer".
Amendment H-9033 was adopted placing amendment H-9002 filed by
Huser of Polk on April 8, 1998, and amendment H-9121 filed by
Huser of Polk on April 13, 1998, out of order.
Dix of Butler moved the adoption of the committee amendment
H-8801, as amended.
The committee amendment H-8801, as amended, was adopted.
Vande Hoef of Osceola offered the following amendment H-8165
filed by the committee on local government and moved its
adoption:

H-8165

 1     Amend Senate File 2061, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, by striking lines 26 and 27 and
 4   inserting the following:
 5     "For the fiscal years beginning July 1, 1998, and
 6   July 1, 1999, a county may apply to the director of
 7   the".
 8     2.  By striking page 1, line 35, through page 2,
 9   line 2, and inserting the following:  "or before
10   January 1, 1999."
11     3.  Page 3, by striking lines 3 and 4 and
12   inserting the following:  "certify a tax to be
13   levied."
The committee amendment H-8165 was adopted.
Huser of Polk offered the following amendment H-8348 filed by
her and moved its adoption:

H-8348

 1     Amend Senate File 2061, as passed by the Senate, as
 2   follows:
 3     1.  Page 2, by striking lines 29 through 35 and
 4   inserting the following:  "a percentage increase or
 5   decrease."
A non-record roll call was requested.
The ayes were 48, nays 34.
Amendment H-8348 was adopted.
Dix of Butler 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. 2061)

The ayes were, 85:

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

The nays were, 8:

Arnold 	Dolecheck 	Drees 	Kreiman 
Mertz 	O'Brien 	Rayhons 	Siegrist

Absent or not voting, 7:

Churchill 	Dinkla 	Grundberg 	Holveck 
Moreland 	Taylor 	Van Fossen 

The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 17, 1998, passed the following bill in
which the concurrence of the Senate was asked:
House File 2532, a bill for an act relating to the maximum value
of prizes awarded in raffles and certain games of skill and
chance.
MARY PAT GUNDERSON, Secretary
HOUSE FILE 2232 WITHDRAWN
Huseman of Cherokee asked and received unanimous consent to
withdraw House File 2232 from further consideration by the House.
SPECIAL PRESENTATION
Brauns of Muscatine presented to the House the former State
Representative Leroy Corey from Muscatine County.
Ways and Means Calendar
Senate File 2413, a bill for an act relating to exemptions from
and reductions in solid waste tonnage fees for certain persons,
with report of committee recommending amendment and passage, was
taken up for consideration.
Jenkins of Black Hawk offered the following amendment H-9233
filed by the committee on ways and means and moved its adoption:

H-9233

 1     Amend Senate File 2413, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5     "Section 1.  Section 455B.304, subsection 15, Code
 6   Supplement 1997, is amended to read as follows:
 7     15.  The commission shall adopt rules which require
 8   all sanitary landfills disposal projects in which
the
 9   tonnage fee pursuant to section 455B.310 is imposed,
10   to install scales by January 1, 1994 and utilize
these
11   scales to calculate payment of the tonnage fee."
12     2.  Page 1, line 1, by striking the word and
13   figure "and 3" and inserting the following:  "3, and
14   6".
15     3.  Page 1, by striking lines 17 and 18 and
16   inserting the following:  "and every year thereafter.
17   In the fiscal year beginning July 1, 1999, and every
18   year thereafter, any planning area which meets the
19   statewide average, as determined by the department on
20   July 1, 1999, shall retain, in addition to the twenty-
21   five cents retained pursuant to this subsection, ten
22   cents of the tonnage fee per ton of solid waste
23   regardless of whether the planning area subsequently
24   fails to meet the statewide average."
25     4.  Page 2, line 12, by striking the words "and
26   compliance" and inserting the following:  "and
27   compliance".
28     5.  Page 2, line 31, by inserting after the word
29   "be" the following:  "deposited in the solid waste
30   account as established in section 455E.11, subsection
31   2, paragraph "a", to be".
32     6.  Page 2, by inserting after line 33 the
33   following:
34     "6.  A person required to pay fees by this section
35   who fails or refuses to pay the fees imposed by this
36   section or who fails or refuses to provide the return
37   required by this section shall be assessed a penalty
38   of two percent of the fee due for each month the fee
39   or return is overdue.  The penalty shall be paid in
40   addition to the fee due."
41     7.  Page 4, line 5, by inserting after the figure
42   "(1)." the following:  "Except for fees required under
43   subsection 4, paragraph "a", a planning area failing
44   to meet the fifty percent goal is not required to
45   remit any additional tonnage fees to the department."
46     8.  Title page, line 2, by inserting after the
47   word "persons" the following:  "and the installation
48   and use of scales by sanitary disposal projects".
The committee amendment H-9233 was adopted.
Rants of Woodbury asked and received unanimous consent that
Senate File 2413 be temporarily deferred.
RULES SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend the rules for the immediate consideration of House
Resolution 107.
ADOPTION OF HOUSE RESOLUTION 107
Rants of Woodbury asked and received unanimous consent for the
immediate consideration of House Resolution 107, a resolution
honoring Representatives Charles Poncy, Delwyn Stromer, and
Harold Van Maanen for their years of legislative service, and
moved its adoption.
The motion prevailed and the resolution was adopted.
Ways and Means Calendar
House File 2560, a bill for an act relating to aircraft
registration fees, was taken up for consideration.
The House stood at ease at 10:42 a.m., until the fall of the
gavel.
The House resumed session at 12:05 p.m., Speaker Corbett in the
chair.
On motion by Siegrist of Pottawattamie, the House was recessed
at 12:06 p.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:05 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed fifty-five members present,
forty-five absent.
The House resumed consideration of House File 2560, a bill for
an act relating to aircraft registration fees, previously
deferred.
Van Fossen of Scott offered the following amendment H-9287 filed
by him and Bell of Jasper and moved its adoption:

H-9287

 1     Amend House File 2560 as follows:
 2     1.  Page 2, by inserting after line 3 the
 3   following:
 4     "Sec. ___.  Section 422.45, Code Supplement 1997,
 5   is amended by adding the following new subsection:
 6     NEW SUBSECTION.  38B.  The gross receipts from the
 7   sale or rental of tangible personal property
 8   permanently affixed or attached as a component part of
 9   the aircraft, including but not limited to repair or
10   replacement materials or parts; and the gross receipts
11   of all services used for aircraft repair, remodeling,
12   and maintenance services when such services are
13   performed on aircraft, aircraft engines, or aircraft
14   component materials or parts.  For the purposes of
15   this exemption, "aircraft" means aircraft used in
16   nonscheduled interstate federal aviation
17   administration-certified air carrier operation
18   operating under 14 C.F.R. ch. 1, pt. 135.
19     Sec. ___.  Section 422.45, Code Supplement 1997, is
20   amended by adding the following new subsection:
21     NEW SUBSECTION.  38C.  The gross receipts from the
22   sale of aircraft to an aircraft dealer who in turn
23   rents or leases the aircraft if all of the following
24   apply:
25     a.  The aircraft is kept in the inventory of the
26   dealer for sale at all times.
27     b.  The dealer reserves the right to immediately
28   take the aircraft from the renter or lessee when a
29   buyer is found.
30     c.  The renter or lessee is aware that the dealer
31   will immediately take the aircraft when a buyer is
32   found.
33     If an aircraft exempt under this subsection is used
34   for any purpose other than leasing or renting, or the
35   conditions in paragraphs "a", "b", and "c" are not
36   continuously met, the dealer claiming the exemption
37   under this subsection is liable for the tax that would
38   have been due except for this subsection.  The tax
39   shall be computed upon the original purchase price."
40     2.  Title page, line 1, by inserting after the
41   word "fees" the following:  "and sales tax
42   exemptions".
Amendment H-9287 was adopted.
RULE 32 SUSPENDED
Doderer of Johnson rose on a point of order and invoked Rule 32
to refer House File 2560 to the committee on appropriations.
The Speaker ruled the point well taken.
Siegrist of Pottawattamie moved to suspend Rule 32  to consider
House File 2560.
A non-record roll call was requested.
The ayes were 51, nays 36.
The motion to suspend the rules prevailed.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2560 be temporarily deferred.
Appropriations Calendar
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,
with report of committee recommending amendment and passage, was
taken up for consideration.
Jacobs of Polk offered amendment H-9285 filed by the committee
on appropriations as follows:

H-9285

 1     Amend Senate File 2418, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 3, by inserting after line 26 the
 4   following:
 5     "Sec. ___.  LEGISLATIVE COUNCIL.  There is
 6   appropriated from the general fund of the state to the
 7   legislative council for use by the legislative
 8   oversight committee for the fiscal year beginning July
 9   1, 1998, and ending June 30, 1999, the following
10   amount, or so much thereof as is necessary, to be used
11   for the purpose designated:
12  		 $	     75,000
13     The legislative oversight committee shall use funds
14   appropriated in this section to retain a consultant to
15   study and review potential options related to the
16   disposition of the Iowa communications network, and
17   potential options related to a change in the
18   management structure of the network, including but not
19   limited to, the privatization of all or a portion of
20   the management functions of the network.  For purposes
21   of this study, the consultant shall assume that such
22   disposition or change in management structure shall
23   not occur until such time as the build-out of Part III
24   is complete.  The consultant shall provide a written
25   final report to the general assembly no later than
26   January 11, 1999.  The co-chairpersons of the
27   committee are authorized to appoint an advisory
28   committee composed of members as deemed appropriate by
29   the co-chairpersons to assist the consultant as
30   appropriate."
31     2.  Page 5, by striking lines 5 through 24.
32     3.  Page 6, by striking lines 10 through 17.
33     4.  Page 7, by inserting after line 26 the
34   following:
35     "___.  To the department of revenue and finance for
36   telefiling of tax returns:
37  		 $	    150,000"
38     5.  Page 7, by inserting after line 32 the
39   following:
40     "The commission, prior to obligating any funds
41   under this paragraph, shall submit the proposed
42   expenditure to the legislative oversight committee of
43   the legislative council for review and approval.  The
44   commission, in submitting such proposal, shall also
45   make a recommendation as to whether such replacement
46   optical components should be purchased, leased, or
47   procured in some other manner, in an effort to
48   minimize the cost to the state."
49     6.  By striking page 7, line 33, through page 8,
50   line 3.

Page 2  

 1     7.  Page 8, by striking lines 18 through 20.
 2     8.  Page 8, by striking lines 30 through 32.
 3     9.  Page 9, by striking lines 22 through 31.
 4     10.  By striking page 10, line 16, through page 12,
 5   line 32 and inserting the following:
 6     "Sec. ___.  NEW SECTION.  18.181  IOWACCESS
 7   ADVISORY COUNCIL.
 8     1.  An IowAccess advisory council is created within
 9   the division of information technology services of the
10   department.  At a minimum, the advisory council shall
11   be composed of all of the following:
12     a.  A person appointed by the legislative council,
13   who may be a member or a staff member of the general
14   assembly, designated to represent the general
15   assembly.
16     b.  The chief justice of the supreme court or the
17   chief justice's designee to represent the judicial
18   branch.
19     c.  The director of the department of management or
20   the director's designee.
21     d.  The auditor of state or the auditor's designee.
22     e.  Six individuals appointed by the director of
23   the division of information technology services who
24   shall include all of the following:
25     (1)  One person representing financial institutions
26   who shall be actively engaged in finance and banking.
27     (2)  One person representing insurers who shall be
28   actively engaged in the insurance industry.
29     (3)  One person representing attorneys who shall be
30   actively engaged in the profession of law.
31     (4)  One person representing media interests.
32     (5)  One person representing cities who shall be
33   actively engaged in the administration of a city.
34     (6)  One person representing counties who shall be
35   actively engaged in the administration of a county.
36     f.  Other heads of agencies or elected officials or
37   their designees as well as other representatives of
38   the public, business, and industry as determined by
39   the director of the division of information technology
40   services.
41     2.  Persons appointed by the director of the
42   division of information technology services shall be
43   selected from a list of candidates nominated by
44   interested organizations consulted by the director.
45     3.  Appointed members shall serve three-year terms
46   beginning and ending as provided in section 69.19.  An
47   appointed member is eligible for reappointment to one
48   additional three-year term.  A vacancy on the board
49   shall be filled for the unexpired portion of the
50   regular term in the same manner as regular

Page 3

 1   appointments are made.
 2     4.  The advisory council shall meet not less than
 3   four times annually, and may meet more frequently at
 4   the call of the chairperson or upon written request of
 5   six or more members to the chairperson.  The
 6   chairperson shall call a meeting of the council at
 7   least once every three months.  The advisory council
 8   shall annually select a chairperson from among its
 9   members.
10     Sec. ___.  NEW SECTION.  18.182  POWERS AND DUTIES
11   OF THE IOWACCESS ADVISORY COUNCIL.
12     The director of the division of information
13   technology services shall seek the advice of the
14   advisory council regarding all of the following:
15     1.  Developing a process for reviewing and
16   establishing priorities for implementation of
17   electronic access to government records.
18     2.  Establishing priorities for implementing
19   electronic access to government records.
20     3.  Establishing priorities for implementing
21   electronic transactions involving government agencies
22   and members of the public.
23     4.  Budgeting, funding, and operating expenses
24   related to developing, implementing, and maintaining
25   electronic access to government records.
26     5.  Reviewing, inspecting, and evaluating the
27   technology and financial audits as required in section
28   18.185, for the purpose of recommending program
29   improvements, efficiencies, and priorities to the
30   division of information technology services.
31     6.  Reviewing the basis of all charges and fees to
32   the public for accessing government records
33   electronically to ensure that the charges do not
34   exceed the reasonable cost of providing a public
35   record as provided in section 22.3A.
36     7.  Reviewing requests for proposals, proposals,
37   and contracts which involve the management and
38   operation of the IowAccess network by a private
39   entity.
40     8.  Monitoring privacy and confidentiality of
41   public records which are accessed electronically.
42     Sec. ___.  NEW SECTION.  18.183  POWERS AND
43   RESPONSIBILITIES VESTED IN INDIVIDUAL GOVERNMENT
44   AGENCIES.
45     1.  The government agency that is the lawful
46   custodian of a public record shall be responsible for
47   determining whether a record is required by state
48   statute to be confidential.  The transmission of a
49   record by a government agency by use of electronic
50   means established, maintained, or managed by the

Page 4

 1   division of information technology services shall not
 2   constitute a transfer of the legal custody of the
 3   record from the individual government agency to the
 4   division of information technology services or to any
 5   other person or entity.
 6     2.  The division of information technology services
 7   shall not have authority to determine whether an
 8   individual government agency should automate records
 9   of which the individual government agency is the
10   lawful custodian.  However, the division may encourage
11   governmental agencies to implement electronic access
12   to government records as provided in section 18.182.
13     3.  A government agency shall not limit access to a
14   record by requiring a citizen to receive the record
15   electronically as the only means of providing the
16   record.  A person shall have the right to examine and
17   copy a printed form of a public record as provided in
18   section 22.2, unless the public record is
19   confidential.
20     4.  A person who contracts with a government agency
21   to provide access or disseminate public records by
22   electronic or other means shall pay the same fee which
23   would be charged to the public under chapter 22 for
24   any public record that is in any manner utilized by
25   the person in a venture that is not part of the
26   contract with the government agency.
27     Sec. ___.  NEW SECTION.  18.184  FINANCIAL
28   TRANSACTIONS.
29     1.  The division of information technology services
30   shall collect moneys paid to participating
31   governmental entities from persons who complete an
32   electronic financial transaction with the governmental
33   entity by accessing the IowAccess network.  The moneys
34   may include all of the following:
35     a.  Fees required to obtain an electronic public
36   record as provided in section 22.3A.
37     b.  Fees required to process an application or file
38   a document, including but not limited to fees required
39   to obtain a license issued by a licensing authority.
40     c.  Moneys owed to a governmental entity by a
41   person accessing the IowAccess network in order to
42   satisfy a liability arising from the operation of law,
43   including the payment of assessments, taxes, fines,
44   and civil penalties.
45     2.  Moneys transferred using the IowAccess network
46   may include amounts owed by a governmental entity to a
47   person accessing the IowAccess network in order to
48   satisfy a liability of the governmental entity.  The
49   moneys may include the payment of tax refunds, and the
50   disbursement of support payments as defined in section

Page 5

 1   252D.16 or 598.1 as required for orders issued
 2   pursuant to section 252B.14.
 3     3.  The division of information technology services
 4   shall serve as the agent of the governmental entity in
 5   collecting moneys for receipt by governmental
 6   entities.  The moneys shall be transferred to
 7   governmental entities directly or to the treasurer of
 8   state for disbursement to governmental entities as
 9   required by the treasurer of state in cooperation with
10   the auditor of state.
11     4.  In addition to other forms of payment, credit
12   cards shall be accepted in payment for moneys owed to
13   a governmental entity as provided in this section,
14   according to rules which shall be adopted by the
15   treasurer of state.  The fees to be charged shall not
16   exceed those permitted by statute.  A governmental
17   entity may adjust its fees to reflect the cost of
18   processing as determined by the treasurer of state.
19   The discount charged by the credit card issuer may be
20   included in determining the fees to be paid for
21   completing a financial transaction under this section
22   by using a credit card.
23     Sec. ___.  NEW SECTION.  18.185  AUDITS REQUIRED.
24     A technology audit of the electronic transmission
25   system by which government records are transmitted
26   electronically to the public shall be conducted not
27   less than once annually for the purpose of determining
28   that government records and other electronic data are
29   not misappropriated or misused by the division of
30   information technology services or a contractor of the
31   division.  A financial audit shall be conducted not
32   less than once annually to determine the financial
33   condition of the division of information technology
34   services and to make other relevant inquiries.
35     Sec. ___.  NEW SECTION.  18.186  CREDIT CARDS
36   ACCEPTED.
37     In addition to other forms of payment, credit cards
38   may be accepted in payment for any fees, including but
39   not limited to interest, penalties, subscriptions,
40   registrations, purchases, applications, licenses,
41   permits, or other filings transmitted or transactions
42   conducted electronically.  The fees to be charged
43   shall not exceed those permitted by statute, except
44   that the discount charged by the credit card issuer
45   may be included in determining the fee to be charged
46   for records transmitted or transactions conducted
47   electronically.
48     Sec. ___.  Section 22.2, subsection 1, Code 1997,
49   is amended to read as follows:
50     1.  Every person shall have the right to examine

Page 6

 1   and copy a public records record and to publish
or
 2   otherwise disseminate a public records record
or the
 3   information contained therein in a public record.
 4   Unless otherwise provided for by law, the right to
 5   examine a public record shall include the right to
 6   examine a public record without charge while the
 7   public record is in the physical possession of the
 8   custodian of the public record.  The right to copy a
 9   public records record shall include the right to
make
10   photographs or photographic copies while the records
11   are public record is in the possession of the
12   custodian of the records public record.  All rights
13   under this section are in addition to the right to
14   obtain a certified copies copy of records
a public
15   record under section 622.46.
16     Sec. ___.  Section 22.3A, subsection 2, paragraph
17   a, Code 1997, is amended to read as follows:
18     a.  If access to the data processing software is
19   provided to a person solely for the purpose of
20   accessing a public record, the amount shall be not
21   more than that required to recover direct publication
22   costs, including but not limited to editing,
23   compilation, and media production costs, incurred by
24   the government body in developing the data processing
25   software, and preparing the data processing software
26   for transfer to the person.  The amount shall be in
27   addition to any other fee required to be paid under
28   this chapter for the examination and copying of a
29   public record.  If a person requests the reproduction
30   of a public record stored in an electronic format that
31   does not require formatting, editing, or compiling to
32   reproduce the public record, the charge for providing
33   the reproduced public record shall not exceed the
34   reasonable cost of reproducing and transmitting that
35   public record.  The government body shall, if
36   requested, provide documentation which explains and
37   justifies the amount charged.  This paragraph shall
38   not apply to any publication for which a price has
39   been established pursuant to another section,
40   including section 7A.22.
41     Sec. ___.  NEW SECTION.  321A.3A  FUNDING.
42     Notwithstanding section 321A.3 subsection 1, for
43   the fiscal year beginning July 1, 1998, in an amount
44   not to exceed four hundred thousand dollars, and for
45   each subsequent fiscal year, up to one dollar of each
46   five dollar transaction shall be transferred to the
47   division of information technology services of the
48   department of general services for the purposes of
49   developing, implementing, maintaining, and expanding
50   electronic access to government records in accordance

Page 7

 1   with the requirements as set forth in chapter 18,
 2   division VII.
 3     Notwithstanding section 8.33, unobligated and
 4   unencumbered funds remaining at the end of a fiscal
 5   year shall not revert to the general fund of the
 6   state, but rather shall remain to be used in
 7   subsequent fiscal years for the purposes authorized in
 8   chapter 18, division VII.
 9     Sec. ___.  IOWACCESS INTENT.  It is the intent of
10   the general assembly that the IowAccess advisory
11   council, established in this Act, review the
12   performance of a vendor acting as a network manager at
13   intervals not to exceed five years.
14     Sec. ___.  IOWACCESS CODIFICATION.  The Code editor
15   shall codify the amendments to chapter 18 in this Act
16   as division VII of chapter 18."
17     11.  Page 15, by striking lines 15 through 25.
18     12.  Title page, line 6, by inserting after the
19   word "technology," the following:
20   "establishing the IowAccess system,".
21     13.  Title page, lines 6 and 7, by striking the
22   words "providing for the transfer of the information
23   technology division,".
24     14.  Title page, lines 8 and 9, by striking the
25   words "establishing an information technology
26   bureau,".
27     15.  By renumbering, relettering, or redesignating
28   and correcting internal references as necessary.
Falck of Fayette offered the following amendment H-9302, to the
committee amendment H-9285, filed by him from the floor and
moved its adoption:

H-9302

 1     Amend the Committee amendment, H-9285, to Senate
 2   File 2418, as amended, passed, and reprinted by the
 3   Senate, as follows:
 4     1.  Page 1, by striking lines 38 through 48.
Amendment H-9302 lost.
Jenkins of Black Hawk offered the following amendment H-9290, to
the committee amendment H-9285, filed by him and moved its
adoption:

H-9290

 1     Amend the Committee amendment, H-9285, to Senate
 2   File 2418, as amended, passed, and reprinted by the
 3   Senate, as follows:
 4     1.  Page 2, line 22, by striking the word "Six"
 5   and inserting the following:  "Seven".
 6     2.  Page 2, by inserting after line 35 the
 7   following:
 8     "(7)  One person with technical expertise who shall
 9   provide guidance and advice on the status of
10   technology and anticipated technological
11   developments."
Amendment H-9290 was adopted.
Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-9312, to the committee amendment H-9285,
filed by him from the floor.
Taylor of Linn offered the following amendment H-9306, to the
committee amendment H-9285, filed by him and Shoultz of Black
Hawk from the floor and moved its adoption:

H-9306

 1     Amend the Committee amendment, H-9285, to Senate
 2   File 2418, as amended, passed, and reprinted by the
 3   Senate, as follows:
 4     1.  Page 2, by inserting after line 3 the
 5   following:
 6     "   .  Page 10, by striking lines 16 through 28."
 7     2.  Page 2, by striking line 4 and inserting the
 8   following:
 9     "   .  by striking page 11, line 1, through page
10   12,".
11     3.  By renumbering as necessary.
A non-record roll call was requested.
The ayes were 41, nays 48.
Amendment H-9306 lost.
Shoultz of Black Hawk offered the following amendment H-9310, to
the committee amendment H-9285, filed by him from the floor and
moved its adoption:

H-9310

 1     Amend the Committee amendment, H-9285, to Senate
 2   File 2418, as amended, passed, and reprinted by the
 3   Senate, as follows:
 4     1.  Page 1, line 13, by striking the word "shall"
 5   and inserting the following:  "may".
Amendment H-9310 lost.
Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-9313, to the committee amendment H-9285,
filed by him from the floor.
Shoultz of Black Hawk offered the following amendment H-9315, to
the committee amendment H-9285, filed by him from the floor and
moved its adoption:

H-9315

 1     Amend the Committee amendment, H-9285, to Senate
 2   File 2418, as amended, passed, and reprinted by the
 3   Senate, as follows:
 4     1.  Page 2, by striking line 4 and inserting the
 5   following:
 6     "   .  By striking page 10, line 29, through page
 7   12,".
 8     2.  By renumbering as necessary.
Amendment H-9315 lost.
Shoultz of Black Hawk offered the following amendment H-9314, to
the committee amendment H-9285, filed by him from the floor and
moved its adoption:
H-9314

 1     Amend the Committee amendment, H-9285, to Senate
 2   File 2418, as amended, passed, and reprinted by the
 3   Senate, as follows:
 4     1.  Page 7, by striking line 17.
Amendment H-9314 was adopted.
Division of the committee amendment H-9285, as amended, was
requested as follows:
Division A - Page 1, lines 3-50; Page 2, lines 1-3; Page 7, line
17; Page 7, lines 20-28.
Division B - Page 2, lines 4-50; Page 3, 4, 5 and 6; Page 7,
lines 1-16; Page 7, lines 18-19.
Jacobs of Polk moved the adoption of the committee amendment
H-9285A, as amended.
The committee amendment H-9285A, as amended, was adopted.
Taylor of Linn rose on a point of order that the committee
amendment H-9285B was not germane.
The Speaker ruled the point well taken and the committee
amendment H-9285B not germane.
Jacobs of Polk moved to suspend the rules to consider the
committee amendment H-9285B, as amended.
A non-record roll call was requested.
The ayes were 52, nays 44.
The motion to suspend the rules prevailed.
Jacobs of Polk moved the adoption of the committee amendment
H-9285B, as amended.
The committee amendment H-9285B, as amended, was adopted.
Shoultz of Black Hawk offered the following amendment H-9316
filed by him from the floor and moved its adoption:

H-9316

 1     Amend Senate File 2418, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by inserting after line 17 the
 4   following:
 5     "The department of management, in consultation with
 6   the commission and other appropriate and necessary
 7   state agencies and departments, shall initiate a study
 8   of the bonded indebtedness associated with the Iowa
 9   communications network, and the bonded indebtedness
10   associated with other state agencies and departments.
11   The study shall include an analysis of the total
12   amount of bonded indebtedness, the structure of such
13   bonded indebtedness, and recommendations on whether
14   such bonded indebtedness can be restructured in a
15   manner which will reduce the costs associated with
16   such indebtedness to the state and the taxpayers of
17   this state.  The department of management shall
18   provide a written report to the commission or other
19   appropriate state agency or department concerning the
20   findings of the department with respect to the bonded
21   indebtedness associated with the commission or other
22   state agency or department."
Amendment H-9316 lost.
Shoultz of Black Hawk offered the following amendment H-9308
filed by him from the floor and moved its adoption:

H-9308

 1     Amend Senate File 2418, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, line 29, by striking the figure
 4   "3,735,000" and inserting the following:  "8,419,728".
Amendment H-9308 lost.
Shoultz of Black Hawk offered the following amendment H-9309
filed by him from the floor and moved its adoption:

H-9309

 1     Amend Senate File 2418, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 3, line 34, by striking the figure
 4   "2,312,853" and inserting the following:  "3,227,094".
Amendment H-9309 lost.
Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-9311 filed by him from the floor.
Falck of Fayette asked and received unanimous consent that
amendment H-9303 be deferred.
Jacobs of Polk offered the following amendment H-9307 filed by
her from the floor and moved its adoption:
H-9307

 1     Amend Senate File 2418, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 7, by inserting after line 26 the
 4   following:
 5     "___.  To the department of human rights for the
 6   division of criminal and juvenile justice for a
 7   justice data analysis/warehouse project:
 8  		 $	    175,000"
 9      2.  Page 8, by striking lines 7 through 10.
10     3.  By renumbering as necessary.
Amendment H-9307 lost.
Falck of Fayette offered the following amendment H-9252 filed by
him and moved its adoption:

H-9252

 1     Amend Senate File 2418, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 7, line 29, by inserting after the word
 4   "for" the following:  "asynchronous transfer mode
 5   (ATM) upgrade and".
A non-record roll call was requested.
The ayes were 35, nays 49.
Amendment H-9252 lost.
Jacobs of Polk offered amendment H-9317 filed by her from the
floor as follows: 

H-9317

 1     Amend Senate File 2418, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 12, by inserting after line 32 the
 4   following:
 5     "Sec. ___.  Section 321.491, unnumbered paragraph
 6   2, as amended by 1998 Iowa Acts, House File 2514,
 7   section 9, if enacted, is amended to read as follows:
 8     Within ten days after the conviction or forfeiture
 9   of bail of a person upon a charge of violating any
10   provision of this chapter or other law regulating the
11   operation of vehicles on highways every magistrate of
12   the court or clerk of the district court of record in
13   which the conviction occurred or bail was forfeited
14   shall prepare and immediately forward to the
15   department an abstract of the record of the case.  The
16   abstract must be certified by the person preparing it
17   to be true and correct.  The clerk of the district
18   court shall collect a fee of fifty cents for each
19   individual copy of any record of conviction or
20   forfeiture of bail furnished to any requestor at the
21   clerk's office except for the department or other
22   local, state, or federal government entity.  Moneys
23   collected under this section shall be transferred to
24   the department as a repayment receipt, as defined in
25   section 8.2, to enhance the efficiency of the
26   department to process records and information between
27   the department and the Iowa court information system.
28   Notwithstanding any other provision in this section or
29   chapter 22, the judicial department shall be the
30   provider of public electronic access to the clerk's
31   records of convictions and forfeitures of bail through
32   the Iowa court information system and shall, if all
33   such records are provided monthly to a vendor, the
34   judicial department shall collect a fee from such
35   vendor which is the greater of three thousand dollars
36   per month or the actual direct cost of providing the
37   records."
38     2.  By renumbering as necessary.
Taylor of Linn rose on a point of order that amendment H-9317
was not germane.
The Speaker ruled the point well taken and amendment H-9317 not
germane.
Brunkhorst of Bremer asked and received unanimous consent to
withdraw amendment H-9295 filed by him and Drees of Carroll from
the floor.
Brunkhorst of Bremer offered the following amendment H-9318
filed by him, Jacobs of Polk, Grundberg of Polk and Dix of
Butler from the floor and moved its adoption:

H-9318

 1     Amend Senate File 2418, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 15, line 14, by striking the figure
 4   "18,904,000" and inserting the following:
 5   "14,904,000".
 6     2. Page 15, by inserting after line 35 the
 7   following:
 8     "Sec. ___.  1997 Iowa Acts, chapter 210, section 2,
 9   subsection 1, is amended by adding the following new
10   paragraph "c" and relettering existing paragraphs:
11     NEW LETTERED PARAGRAPH.  c.  There is appropriated
12   from the rebuild Iowa infrastructure fund created in
13   section 8.57, subsection 5, to the Iowa communications
14   network fund under the control of the Iowa
15   telecommunications and technology commission for the
16   fiscal year beginning July 1, 1998, and ending June
17   30, 1999, the following amount, or so much thereof as
18   is necessary, to be used for the purpose designated:
19     For the connection to the network of authorized
20   users which are libraries as provided in the Part III
21   contracts executed in 1995:
22  		 $	  4,000,000
23     The telecommunications advisory committee
24   established in section 8D.7, in consultation with the
25   state library, shall develop for submission to the
26   commission proposals for the allocation of moneys
27   appropriated in this paragraph for the connection of
28   libraries to the network as provided in the Part III
29   contracts executed in 1995.  The advisory committee
30   shall conduct a cost-benefit analysis in determining
31   the amount to be allocated to a specific community,
32   including, at a minimum, consideration of the needs of
33   a community to which an allocation is proposed, the
34   number of sites currently in the community, and the
35   amount of usage at each site in the community.  A
36   proposal for an allocation submitted by the advisory
37   committee shall be approved by the commission or
38   rejected and returned to the advisory committee with
39   an explanation of why such proposal was rejected."
40     3.  By renumbering as necessary.
Amendment H-9318 was adopted.
Falck of Fayette offered the following amendment H-9303,
previously deferred, filed by him from the floor and moved its
adoption:

H-9303

 1     Amend Senate File 2418, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 7, by inserting after line 10 the
 4   following:
 5     "___.  To the Iowa communications network
 6   operations account for use by the Iowa
 7   telecommunications and technology commission only for
 8   the replacement of optical components of the network
 9   which become unusable and which are necessary for the
10   continued operation and use of the network:
11  		 $	  4,000,000
12     Notwithstanding section 8.33, moneys allocated to
13   the commission in this paragraph which remain
14   unobligated or unexpended at the close of the fiscal
15   year shall not revert to the general fund of the state
16   but shall remain available for the purpose designated
17   in this paragraph in the succeeding fiscal year."
18     2.  By striking page 7, line 27, through page 8,
19   line 3.
20     3.  By renumbering as necessary.
Amendment H-9303 lost.
Jacobs of Polk moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 2418)

The ayes were, 74:

Arnold 	Barry 	Bell 	Blodgett 
Boddicker 	Boggess 	Bradley 	Brand 
Brauns 	Brunkhorst 	Bukta 	Burnett 
Carroll 	Cataldo 	Churchill 	Cohoon 
Connors 	Corbett, Spkr. 	Cormack 	Dix 
Dolecheck 	Drake 	Eddie 	Falck 
Frevert 	Gipp 	Greig 	Greiner 
Gries 	Grundberg 	Hahn 	Hansen 
Heaton 	Holmes 	Holveck	Houser 
Huseman 	Jacobs 	Jenkins 	Klemme 
Koenigs 	Kremer 	Lamberti 	Larkin 
Larson 	Lord 	Martin 	Mascher 
May 	Mertz 	Metcalf 	Meyer 
Millage 	Mundie 	Nelson 	Rants 
Rayhons 	Reynolds-Knight 	Richardson 	Schrader 
Siegrist 	Sukup 	Teig 	Thomas 
Thomson 	Tyrrell 	Van Fossen 	Vande Hoef 
Veenstra 	Weidman 	Welter 	Whitead 
Wise 	Van Maanen,
	  Presiding

The nays were, 24:

Bernau 	Chiodo 	Doderer 	Dotzler 
Drees 	Fallon 	Foege 	Ford 
Garman 	Huser 	Jochum 	Kinzer 
Kreiman 	Moreland 	Murphy 	Myers 
O'Brien 	Osterhaus 	Scherrman 	Shoultz 
Taylor 	Warnstadt 	Weigel 	Witt 

Absent or not voting, 2:

Chapman 	Dinkla

The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
Speaker Corbett in the chair at 3:50 p.m.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
Senate Files 2061 and 2418.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 15, 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 2290, a bill for an act relating to the civil damages
and penalties for the illegal taking of antlered deer.
MARY PAT GUNDERSON, Secretary
SENATE AMENDMENT CONSIDERED
Brunkhorst of Bremer called up for consideration House File
2498, a bill for an act relating to and making appropriations to
certain state departments, agencies, funds, and certain other
entities, providing for regulatory authority, and other properly
related matters, amended by the Senate amendment H-9118 as
follows:

H-9118

 1     Amend House File 2498, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1. Page 1, by striking lines 22 and 23 and
 4   inserting the following:
 5     "There is appropriated from the innovation fund in
 6   the department of management to the office of auditor
 7   of state, a sum not to exceed $50,000 which shall be".
 8     2.  Page 2, line 6, by striking the figure
 9   "484,502" and inserting the following:  "492,002".
10     3.  Page 6, by striking lines 9 through 13.
11     4.  Page 6, line 22, by striking the figure
12   "844,898" and inserting the following:  "655,898".
13     5.  Page 11, by inserting after line 13 the
14   following:
15     "The department of inspections and appeals and the
16   department of public health, in consultation with the
17   department of human services and the department of
18   elder affairs, shall review the need for a state
19   licensing program for home health agencies.  The
20   review shall include, but is not limited to,
21   determination of the scope of Iowa agencies and home
22   care services not currently regulated by Medicare,
23   fiscal information concerning the cost of
24   implementation of a licensing program, feasibility
25   analysis of implementing state regulation of the
26   providers, and other information deemed appropriate by
27   the departments.  The department shall submit a report
28   of findings and recommendations to the general
29   assembly on or before December 15, 1998."
30     6.  By striking page 12, line 32, through page 13,
31   line 6.
32     7.  Page 13, by inserting before line 7 the
33   following:  "It is the intent of the general assembly
34   that the state racing and gaming commission shall
35   require jockeys or drivers, trainers, and handlers to
36   submit to drug and alcohol testing pursuant to rules
37   adopted by the state commission and applicable to all
38   such persons.  The rules shall establish procedures
39   and standards for the drug and alcohol testing of
40   jockeys or drivers, trainers, and handlers, which
41   shall be consistent with the procedures and standards
42   established for drug and alcohol testing of persons
43   under section 730.5.
44     Sec. ___.  Section 99D.25A, subsection 7, Code
45   Supplement 1997, is amended to read as follows:
46     7.  A horse entered to race with lasix must be
47   treated at least four hours prior to post time.  The
48   lasix shall be administered intravenously by a
49   veterinarian employed by the owner or trainer of the
50   horse under the visual supervision of the commission

Page 2  

 1   veterinarian.  The practicing veterinarian must
 2   deposit with the commission veterinarian at the
 3   detention barn an unopened supply of lasix and sterile
 4   hypodermic needles and syringes to be used for the
 5   administrations.  Lasix shall only be administered in
 6   a dose level of two hundred fifty milligrams.  The
 7   commission veterinarian shall extract a test sample of
 8   the horse's blood, urine, or saliva to determine
 9   whether the horse was improperly drugged after the
10   race is run.".
11     8.  Page 13, by striking lines 30 through 32.
12     9.  Page 14, by striking lines 21 through 30.
13     10.  Page 17, by inserting after line 4 the
14   following:
15     "It is the intent of the general assembly that
16   members of the general assembly serving as members of
17   the deferred compensation advisory board shall be
18   entitled to receive per diem and necessary travel and
19   actual expenses pursuant to section 2.10, subsection
20   5, while carrying out their official duties as members
21   of the board."
22     11.  Page 18, by inserting after line 6 the
23   following:
24     "3.  For costs associated with the acquisition,
25   remodeling, and relocation of a headquarters building
26   for offices and related facilities for employees and
27   storage of applicable records of the Iowa public
28   employees' retirement system and notwithstanding any
29   provision of chapter 18 to the contrary:
30  		 $	  4,000,000
31     Notwithstanding section 8.33, unencumbered or
32   unobligated funds remaining on June 30, 2000, from the
33   funds appropriated in this subsection, shall revert to
34   the Iowa public employees' retirement system fund on
35   August 31, 2000."
36     12.  Page 18, by inserting before line 7 the
37   following:
38     "Sec. ___.  SPECIAL STUDIES APPROPRIATIONS.  There
39   is appropriated from the Iowa public employees'
40   retirement system fund to the Iowa public employees'
41   retirement system division of the department of
42   personnel for the fiscal year beginning July 1, 1998,
43   and ending June 30, 1999, the following amounts, or so
44   much thereof as is necessary, to be used for the
45   purposes designated:
46     1.  For costs associated with completing the study
47   of the possible establishment of a statewide deferred
48   compensation plan for active members of the Iowa
49   public employees' retirement system:
50  		 $	     20,000

Page 3

 1     2.  For costs associated with performing the study
 2   of whether adjunct instructors employed by a community
 3   college or regents university should be allowed to
 4   become members of the Iowa public employees'
 5   retirement system:
 6  		 $	     15,000
 7     3.  For costs associated with performing, in
 8   concert with the retirement systems established in
 9   chapter 97A and chapter 411, a comprehensive
10   examination of plan design of benefit parity issues:
11  		 $	     35,000"
12     13.  Page 19, line 31, by striking the figure
13   "6,814,435" and inserting the following:  "6,806,935".
14     14.  Page 20, by striking lines 1 through 8 and
15   inserting the following:
16     "5.  The director of revenue and finance shall
17   prepare and".
18     15.  By striking page 20, line 22, through page
19   21, line 1.
20     16.  Page 22, by inserting after line 31 the
21   following:
22     "Sec. ___.  1993 Iowa Acts, chapter 151, section 3,
23   is amended by striking the section."
24     17.  Page 23, by inserting after line 16 the
25   following:
26     "Sec. ___.  Section 47.7, subsections 1 and 2, Code
27   Supplement 1997, are amended to read as follows:
28     1.  The senior administrator of data processing
29   services in the department of general services state
30   commissioner of elections is designated the state
31   registrar of voters, and shall regulate the
32   preparation, preservation, and maintenance of voter
33   registration records, the preparation of precinct
34   election registers for all elections administered by
35   the commissioner of any county, and the preparation of
36   other data on voter registration and participation in
37   elections which is requested and purchased at actual
38   cost of preparation and production by a political
39   party or any resident of this state.  The registrar
40   shall maintain a log, which is a public record,
41   showing all lists and reports which have been
42   requested or generated or which are capable of being
43   generated by existing programs of the data processing
44   services in the department of general services of
the
45   registrar.  In the execution of the duties provided by
46   this chapter, the state registrar of voters and the
47   state commissioner of elections shall provide the
48   maximum public access to the electoral process
49   permitted by law.
50     2.  The registrar shall offer to each county in the

Page 4

 1   state the opportunity to arrange for performance of
 2   all functions referred to in subsection 1 by the data
 3   processing facilities of the department of general
 4   services registrar, commencing at the earliest
 5   practicable time, at a cost to the county determined
 6   in accordance with the standard charges for those
 7   services adopted annually by the registration
 8   commission.  A county may accept this offer without
 9   taking bids under section 47.5."
10     18.  Page 23, by striking lines 17 through 27.
11     19.  Page 24, line 33, by striking the word
12   "REPORT".
13     20.  Page 25, by striking lines 1 through 15 and
14   inserting the following:  "remaining on the effective
15   date of this Act shall revert to the general fund of
16   the state.
17     Sec. ___.  Section 505.21, subsection 4, Code 1997,
18   is amended by striking the subsection."
19     21.  By renumbering, relettering, or redesignating
20   and correcting internal references as necessary.
Brunkhorst of Bremer offered amendment H-9162, to the Senate
amendment H-9118, filed by him and Millage of Scott as follows:
H-9162

 1     Amend the Senate amendment, H-9118, to House File
 2   2498, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by inserting after line 9 the
 5   following:
 6     "   .  Page 6, line 2, by striking the figure
 7   "116.00" and inserting the following:  "118.00"."
 8     2.  Page 1, line 12, by striking the figure
 9   "655,898" and inserting the following:  "835,898".
10     3.  Page 1, by striking lines 30 and 31 and
11   inserting the following:
12     "   .  Page 13, by striking lines 2 through 6, and
13   inserting the following:  "gambling game license
14   holder.""
15     4.  Page 2, by inserting after line 30 the
16   following:
17     "The Iowa public employees' retirement system
18   division shall advertise for bids for the proposed
19   acquisition and remodeling of a headquarters building
20   and related facilities and let the bid to the most
21   cost-effective bidder submitting a sealed bid
22   proposal."
23     5.  Page 4, by striking line 10 and inserting the
24   following:
25     "   .  Page 23, line 21, by inserting after the
26   word "officers" the following:  "who were not
27   incumbents at the 1998 general election,".
28        .  Page 23, by striking lines 23 through 27 and
29   inserting the following:  "1998, and ending June 30,
30   1999, the balances shall revert to the general fund of
31   the state.""
32     6.  Page 4, by striking lines 13 through 16 and
33   inserting the following:
34     "   .  Page 25, by striking lines 3 through 13 and
35   inserting the following:  "management information
36   system.""
Warnstadt of Woodbury asked and received unanimous consent to
withdraw amendment H-9181, to amendment H-9162, to the Senate
amendment H-9118, filed by him on April 15, 1998.
Brunkhorst of Bremer offered the following amendment H-9256, to
amendment H-9162, to the Senate amendment H-9118, filed by him
and moved its adoption:

H-9256

 1     Amend the amendment, H-9162, to the Senate
 2   amendment, H-9118, to House File 2498, as amended,
 3   passed, and reprinted by the House, as follows:
 4     1. Page 1, by striking lines 17 through 22 and
 5   inserting the following:  "The Iowa public employees'
 6   retirement system division shall use a competitive bid
 7   process for the proposed acquisition of a headquarters
 8   building and related facilities and accept, if any,
 9   the most cost-effective bid which best meets the needs
10   of the system's members."
A non-record roll call was requested.
The ayes were 47, nays 45.
Amendment H-9256 was adopted.
Martin of Scott asked and received unanimous consent to withdraw
amendment H-9258, to amendment H-9162, to the Senate amendment
H-9118, filed by her on April 17, 1998.
Brunkhorst of Bremer moved the adoption of amendment H-9162, to
the Senate amendment H-9118, as amended.
Amendment H-9162, as amended, was adopted.
Blodgett of Cerro Gordo asked and received unanimous consent to
withdraw amendment H-9187, to the Senate amendment H-9118, filed
by him on April 15, 1998.
Blodgett of Cerro Gordo offered  amendment H-9291, to the Senate
amendment H-9118, filed by him from the floor as follows:

H-9291

 1     Amend the Senate amendment, H-9118, to House File
 2   2498, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by inserting after line 29 the
 5   following:
 6     "   .  Page 11, by inserting after line 19 the
 7   following:
 8     "It is the intent of the general assembly that
 9   effective July 1, 1999, the state shall appropriate
10   sufficient funds to reimburse local governments that
11   conduct food establishment inspections under
12   agreements with the department of inspections and
13   appeals, the difference between the cost of performing
14   the inspections and actual revenues generated by food
15   establishment license fees.""
Heaton of Henry rose on a point of order that amendment H-9291
was not germane.
The Speaker ruled the point well taken and amendment H-9291 not
germane.
Blodgett of Cerro Gordo moved to suspend the rules to consider
amendment H-9291, to the Senate amendment H-9118.
A non-record roll call was requested.
The ayes were 38, nays 56.
The motion to suspend the rules lost.
Blodgett of Cerro Gordo asked and received unanimous consent to
withdraw amendment H-9292, to the Senate amendment H-9118, filed
by him from the floor.
Huser of Polk asked and received unanimous consent to withdraw
amendment H-9168, to the Senate amendment H-9118, filed by her
on April 14, 1998.
Garman of Story offered the following amendment H-9169, to the
Senate amendment H-9118, filed by her and Holveck of Polk and
moved its adoption:

H-9169

 1     Amend the Senate amendment, H-9118, to House File
 2   2498, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  By striking page 1, line 43, through page 2,
 5   line 10, and inserting the following:  "under section
 6   730.5.""
Amendment H-9169 was adopted.
Huser of Polk offered the following amendment H-9176, to the
Senate amendment H-9118, filed by her and moved its adoption:

H-9176

 1     Amend the Senate amendment, H-9118, to House File
 2   2498, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 2, by inserting after line 30 the
 5   following:
 6     "If a headquarters building and related facilities
 7   are acquired, the Iowa public employees' retirement
 8   system division shall reimburse the city or other
 9   local government where the building and related
10   facilities are located for police and fire
11   protection."
Roll call was requested by Fallon of Polk and Myers of Johnson.
On the question "Shall amendment H-9176 be adopted?" (H.F. 2498)
The ayes were, 52:

Bell 	Bernau 	Brand 	Brunkhorst 
Bukta 	Burnett 	Cataldo 	Chapman 
Chiodo 	Churchill 	Cohoon 	Connors 
Doderer	Dolecheck 	Dotzler	Drees 
Falck 	Fallon 	Foege 	Ford 
Frevert 	Grundberg 	Holveck 	Huser 
Jacobs 	Jochum 	Kinzer 	Koenigs 
Lamberti 	Larkin 	Martin 	Mascher 
May 	Mertz 	Metcalf 	Moreland 
Mundie 	Murphy 	Myers 	Osterhaus 
Reynolds-Knight 	Richardson 	Scherrman 	Schrader 
Shoultz 	Taylor 	Thomas 	Warnstadt 
Weigel 	Whitead 	Wise 	Witt 

The nays were, 47:

Arnold 	Barry 	Blodgett 	Boddicker 
Boggess 	Bradley 	Brauns 	Carroll 
Cormack 	Dix 	Drake 	Eddie 
Garman 	Gipp 	Greig 	Greiner 
Gries 	Hahn 	Hansen 	Heaton 
Holmes 	Houser 	Huseman 	Jenkins 
Klemme 	Kreiman 	Kremer 	Larson 
Lord 	Meyer 	Millage 	Nelson 
O'Brien 	Rants 	Rayhons 	Siegrist 
Sukup 	Teig 	Thomson 	Tyrrell 
Van Fossen 	Van Maanen 	Vande Hoef 	Veenstra 
Weidman 	Welter 	Mr. Speaker
		  Corbett

Absent or not voting, 1:

Dinkla

Amendment H-9176 was adopted.
Chiodo of Polk asked and received unanimous consent to withdraw
amendment H-9166, to the Senate amendment H-9118, filed by him
on April 14, 1998.
Martin of Scott offered the following amendment H-9186, to the
Senate amendment H-9118, filed by her and Brunkhorst of Bremer
and moved its adoption:

H-9186

 1     Amend the Senate amendment, H-9118, to House File
 2   2498, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 3, line 11, by inserting after the figure
 5   "35,000" the following:
 6     "It is the intent of the general assembly that each
 7   public retirement system responsible for performing
 8   the examination as described in this subsection shall
 9   share equally the cost of conducting the examination.
10   Moneys appropriated in this subsection shall be used
11   by the Iowa public employees' retirement system to
12   provide its proportionate share of the cost of the
13   examination."
Amendment H-9186 was adopted.
Jochum of Dubuque offered amendment H-9201, to the Senate
amendment H-9118, filed by her as follows:

H-9201

 1     Amend the Senate amendment, H-9118, to House File
 2   2498, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 4, by inserting after line 9 the
 5   following:
 6     "   .  Page 23, by inserting after line 16 the
 7   following:
 8     "Sec. ___.  Section 47.8, subsection 1, Code 1997,
 9   is amended to read as follows:
10     1.  A state voter registration commission is
11   established which shall meet at least quarterly to
12   make and review policy, adopt rules, and establish
13   procedures to be followed by the registrar in
14   discharging the duties of that office, and to promote
15   interagency cooperation and planning.  The commission
16   shall consist of the state commissioner of elections
17   or the state commissioner's designee, the state
18   chairpersons of the two political parties whose
19   candidates for president of the United States or
20   governor, as the case may be, received the greatest
21   and next greatest number of votes in the most recent
22   general election, or their respective designees, and a
23   two county commissioner commissioners of
registration
24   or their designated employees, one from each political
25   party whose candidates for president of the United
26   States or governor, as the case may be, received the
27   greatest and the next greatest number of votes in the
28   most recent general election, appointed by the
29   president of the Iowa state association of county
30   auditors, or an employee of the commissioner.  Each
31   county commissioner or commissioner's designee shall
32   serve two-year staggered terms.  The commission
33   membership shall be balanced by political party
34   affiliation pursuant to section 69.16.  Members shall
35   serve without additional salary or reimbursement.
36     The state commissioner of elections, or the state
37   commissioner's designee, shall serve as chairperson of
38   the state voter registration commission.  The state
39   commissioner of elections, or the state commissioner's
40   designee, shall be an ex officio, nonvoting member of
41   the commission.  The state commissioner shall perform
42   the administrative tasks required of that office by
43   the commission.
44     The commission shall organize and elect a
45   chairperson annually at its first meeting held in the
46   calendar year.
Brunkhorst of Bremer rose on a point of order that amendment
H-9201, to the Senate amendment H-9118, was not germane.
The Speaker ruled the point not well taken and amendment H-9201
germane.
Jochum of Dubuque moved the adoption of amendment H-9201, to the
Senate amendment H-9118.
A non-record roll call was requested.
The ayes were 50, nays 46.
Amendment H-9201 was adopted.
Speaker pro tempore Van Maanen of Marion asked and received
unanimous consent to withdraw amendment H-9177, to the Senate
amendment H-9118, filed by him on April 15, 1998, placing the
following amendments to amendment H-9177, to the Senate
amendment   H-9118, out of order:

H-9182 filed by Taylor of Linn on April 15, 1998
H-9188 filed by Murphy of Dubuque on April 15, 1998.
H-9189 filed by Murphy of Dubuque on April 15, 1998.
H-9190 filed by Murphy of Dubuque on April 15, 1998.
H-9199 filed by Huser of Polk on April 15, 1998.
H-9225 filed by Murphy of Dubuque on April 16, 1998.
H-9226 filed by Murphy of Dubuque on April 16, 1998.
Speaker pro tempore Van Maanen of Marion offered amendment
H-9257, to the Senate amendment H-9118, filed by him as follows:

H-9257

 1     Amend the Senate amendment, H-9118, to House File
 2   2498, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 4, by inserting after line 10 the
 5   following:
 6     "   .  Page 24, by inserting after line 3 the
 7   following:
 8     "Sec. ___.  NEW SECTION.  99F.5A  MORATORIUM FOR
 9   ISSUANCE OF LICENSES FOR EXCURSION GAMBLING BOATS AND
10   ON THE NUMBER AND TYPE OF GAMBLING GAMES.
11     1.  The total number of licenses issued to conduct
12   gambling games on excursion gambling boats pursuant to
13   this chapter shall not exceed ten until July 1, 2003.
14     2.  Notwithstanding subsection 1, the following
15   actions may be taken during the moratorium from July
16   1, 1998, until July 1, 2003, with the approval of the
17   commission:
18     a.  A licensed excursion gambling boat may move to
19   a new location within the same county.
20     b.  A licensed excursion gambling boat or a pari-
21   mutuel racetrack and its facilities may be sold and a
22   new license may be issued for operation in the same
23   county.
24     c.  If a license to conduct gambling games on an
25   excursion gambling boat is surrendered, not renewed,
26   or revoked, a new license may be issued for operation
27   in the same county.
28     3.  During the moratorium from July 1, 1998, until
29   July 1, 2003, the commission shall not authorize any
30   of the following:
31     a.  An increase in the number of gambling games or
32   the number of slot machines on an excursion gambling
33   boat.
34     b.  A number of slot machines at a pari-mutuel
35   racetrack which is greater than the number authorized
36   on or before July 1, 1998.
37     c.  A licensee to conduct pari-mutuel wagering at a
38   licensed premises in more than one county.
39     Sec. ___.  Section 99F.7, subsection 1, Code 1997,
40   is amended to read as follows:
41     1.  If the commission is satisfied that this
42   chapter and its rules adopted under this chapter
43   applicable to licensees have been or will be complied
44   with, the commission shall issue a license for a
45   period of not more than three years to an applicant to
46   own a gambling game operation and to an applicant to
47   operate an excursion gambling boat.  The commission
48   shall decide which of the gambling games authorized
49   under this chapter it will permit.  The commission
50   shall decide the number, location, and type of

Page 2  

 1   excursion gambling boats licensed under this chapter
 2   for operation on the rivers, lakes, and reservoirs of
 3   this state.  However, after July 1, 2003, the
 4   commission shall issue a new license for an excursion
 5   gambling boat operation only if the excursion gambling
 6   boat operates on the Mississippi or Missouri river.
 7   The license shall set forth the name of the licensee,
 8   the type of license granted, the place where the
 9   excursion gambling boats will operate and dock, and
10   the time and number of days during the excursion
11   season and the off season when gambling may be
12   conducted by the licensee.  The commission shall not
13   allow a licensee to conduct gambling games on an
14   excursion gambling boat while docked during the off
15   season if the licensee does not operate gambling
16   excursions for a minimum number of days during the
17   excursion season.  The commission may delay the
18   commencement of the excursion season at the request of
19   a licensee.""
Taylor of Linn offered the following amendment H-9276, to
amendment H-9257, to the Senate amendment H-9118, filed by him
and moved its adoption:

H-9276

 1     Amend the amendment, H-9257, to the Senate
 2   amendment, H-9118, to House File 2498, as amended,
 3   passed, and reprinted by the House, as follows:
 4     1.  Page 1, by striking line 8 and inserting the
 5   following:
 6     "Sec. ___.  Section 99F.4A, Code 1997, is amended
 7   by adding the following new subsection:
 8     NEW SUBSECTION.  9.  If a license issued pursuant
 9   to this chapter or chapter 99D is transferred, an
10   existing collective bargaining agreement or the impact
11   of an employee representation election shall transfer
12   to the new licensee.
13     Sec. ___.  NEW SECTION.  99F.5A  MORATORIUM FOR".
A non-record roll call was requested.
Rule 75 was invoked.
The ayes were 52, nays 46.
Amendment H-9276 was adopted.
Huser of Polk asked and received unanimous consent to withdraw
amendment H-9300, to amendment H-9257, to the Senate amendment
H-9118, filed by her from the floor.
Huser of Polk offered the following amendment H-9305, to
amendment H-9257, to the Senate amendment H-9118, filed by her
from the floor and moved its adoption:

H-9305

 1     Amend the amendment, H-9257, to the Senate
 2   amendment, H-9118, to House File 2498, as amended,
 3   passed, and reprinted by the House, as follows:
 4     1.  Page 1, by striking line 8 and inserting the
 5   following:
 6     "Sec. ___.  Section 99F.4A, subsection 2, Code
 7   l997, is amended to read as follows:
 8     2.  A license to operate gambling games shall be
 9   issued only to a licensee holding a valid license to
10   conduct pari-mutuel dog or horse racing pursuant to
11   chapter 99D on January 1, 1994.  However, a license to
12   operate gambling games issued pursuant to this
13   subsection may be transferred to another person after
14   a majority of the voters of the county in which the
15   racetrack enclosure is located, voting on the transfer
16   proposal, approves it.  The transfer proposal shall be
17   submitted by the board of supervisors at a general
18   election or a special election called for that
19   purpose.  If the proposal is approved, the issuance of
20   a new license is subject to application to, and
21   approval by, the commission.
22     Sec. ___.  NEW SECTION.  99F.5A  MORATORIUM FOR".
Amendment H-9305 was adopted.
Huser of Polk offered the following amendment H-9288, to
amendment H-9257, to the Senate amendment H-9118, filed by her
and moved its adoption:

H-9288

 1     Amend the amendment, H-9257, to the Senate
 2   amendment, H-9118, to House File 2498, as amended,
 3   passed, and reprinted by the House, as follows:
 4     1.  Page 1, by inserting after line 13 the
 5   following:
 6     "___.  Notwithstanding the tax rate increases
 7   specified in section 99F.11, the tax rates provided
 8   for the calendar year 1998 shall be the tax rates for
 9   the calendar years 1998 through 2003."
10     2.  By renumbering as necessary.
Roll call was requested by Rants of Woodbury and Sukup of
Franklin.
On the question "Shall amendment H-9288, to amendment H-9257, to
the Senate amendment H-9118, be adopted?" (H.F. 2498)

The ayes were, 15:

Cataldo 	Chiodo 	Connors 	Ford 
Holveck 	Huser 	Jochum 	Lamberti 
Larkin 	Mundie 	Murphy 	Myers 
Osterhaus 	Scherrman 	Taylor 
The nays were, 84:

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

Absent or not voting, 1:

Dinkla 	

Amendment H-9288 lost.
Murphy of Dubuque asked and received unanimous consent to
withdraw amendments H-9278 and H-9279, both to amendment H-9257,
to the Senate amendment H-9118, filed by him on April 17, 1998.
Brunkhorst of Bremer offered the following amendment H-9320, to
amendment H-9257, to the Senate amendment H-9118, filed by him
from the floor and moved its adoption:

H-9320

 1     Amend the amendment, H-9257, to the Senate
 2   amendment, H-9118, to House File 2498, as amended,
 3   passed, and reprinted by the House, as follows:
 4     1.  Page 1, line 28, by striking the figure "1998"
 5   and inserting the following:  "1999".
 6     2.  Page 1, line 36, by striking the figure "1998"
 7   and inserting the following:  "1999".
 8     3.  Page 1, by striking line 37 and inserting the
 9   following:
10     "4.  The commission shall not authorize a licensee
11   to conduct pari-mutuel wagering at a".
Amendment H-9320 was adopted.
Speaker pro tempore Van Maanen of Marion asked and received
unanimous consent that amendment H-9257, to the Senate amendment
H-9118, be deferred.
Vande Hoef of Osceola asked and received unanimous consent to
withdraw amendment H-9277, to the Senate amendment H-9118, filed
by him on April 17, 1998, placing amendment H-9286, to amendment
H-9277, to the Senate amendment H-9118, filed by Kreiman of
Davis on April 17, 1998 out of order.
Millage of Scott offered the following amendment H-9321, to the
Senate amendment H-9118, filed by him from the floor and moved
its adoption:

H-9321

 1     Amend the Senate amendment, H-9118, to House File
 2   2498, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by striking line 10.
Amendment H-9321 was adopted.
The House resumed consideration of amendment H-9257, to the
Senate amendment H-9118, previously deferred.
Hansen of Pottawattamie offered the following amendment H-9322,
to amendment H-9257, to the Senate amendment H-9118, filed by
him from the floor and moved its adoption:

H-9322

 1     Amend the amendment, H-9257, to the Senate
 2   amendment, H-9118, to House File 2498, as amended,
 3   passed, and reprinted by the House, as follows:
 4     1.  Page 1, by striking line 8, and inserting the
 5   following:
 6     "Sec. ___.  Section 99F.4A, Code 1997, is amended
 7   by adding the following new subsection:
 8     NEW SUBSECTION.  8.  A civil penalty imposed by the
 9   commission on a licensee relating to a violation of
10   legal age for gambling or pari-mutuel wagering shall
11   not exceed one thousand dollars per incident if the
12   violator is removed by the licensee.
13     Sec. ___.  NEW SECTION.  99F.5A  MORATORIUM FOR".
14     2.  Page 2, by striking line 19 and inserting the
15   following:  "a licensee.
16     Sec. ___.  Section 805.8, Code Supplement 1997, is
17   amended by adding the following new subsection:
18     NEW SUBSECTION.  13.  GAMBLING VIOLATIONS.  For
19   violations of legal age for gambling or pari-mutuel
20   wagering under section 99D.11, subsection 7, section
21   99E.18, subsection 5, or section 99F.9, subsection 5,
22   the scheduled fine is one hundred dollars.  Failure to
23   pay the fine by a person under the age of eighteen
24   shall not result in the person being detained in a
25   secure facility."
Amendment H-9322 was adopted.
Murphy of Dubuque rose on a point of order that amendment H-9257
was not germane.
The Speaker ruled the point well taken and amendment H-9257 not
germane.
Speaker pro tempore Van Maanen of Marion asked for unanimous
consent to suspend the rules to consider amendment H-9257.
Objection was raised.
Speaker pro tempore Van Maanen of Marion moved to suspend the
rules to consider amendment H-9257, as amended, to the Senate
amendment H-9118.
A non-record roll call was requested.
The ayes were 52, nays 27.
The motion to suspend the rules prevailed.
Speaker pro tempore Van Maanen of Marion moved the adoption of
amendment H-9257, as amended,  to the Senate amendment H-9118.
Amendment H-9257, as amended, was adopted.
On motion by Brunkhorst of Bremer, the House concurred in the
Senate amendment H-9118, as amended.
Brunkhorst of Bremer 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. 2498)

The ayes were, 65:

Arnold 	Barry 	Bernau 	Blodgett 
Boddicker 	Boggess 	Bradley 	Brand 
Brauns 	Brunkhorst 	Carroll 	Chapman 
Chiodo 	Churchill 	Dix 	Dolecheck 
Drake 	Eddie 	Falck 	Fallon 
Ford 	Garman 	Gipp 	Greig 
Gries 	Grundberg 	Hahn 	Hansen 
Heaton 	Holmes 	Houser 	Huseman 
Jacobs 	Jenkins 	Kinzer 	Klemme 
Koenigs 	Kremer 	Lamberti 	Larson 
Lord 	Martin 	Mertz 	Metcalf 
Meyer 	Millage 	Mundie 	Nelson 
Rants 	Rayhons 	Richardson 	Siegrist 
Sukup 	Teig 	Thomson 	Tyrrell 
Van Fossen 	Van Maanen 	Vande Hoef 	Veenstra 
Weidman 	Welter 	Whitead 	Witt 
Mr. Speaker 
  Corbett

The nays were, 33:

Bell 	Bukta 	Burnett 	Cataldo 
Cohoon 	Connors 	Cormack 	Doderer 
Dotzler 	Drees 	Foege 	Frevert 
Holveck 	Huser 	Jochum 	Kreiman 
Larkin 	Mascher 	May 	Moreland 
Murphy 	Myers 	O'Brien 	Osterhaus 
Reynolds-Knight 	Scherrman 	Schrader 	Shoultz 
Taylor 	Thomas 	Warnstadt 	Weigel 
Wise 

Absent or not voting, 2:

Dinkla 	Greiner 

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2498 be immediately messaged to the Senate.
HOUSE RECEDES
Houser of Pottawattamie called up for consideration House File
8, a bill for an act relating to the funding of state mandates,
amended by the House and moved that the House recede from its
amendment.
Roll call was requested by Schrader of Marion and Warnstadt of
Woodbury.
On the question "Shall the House recede from its amendment?"
(H.F. 8)
The ayes were, 52:

Arnold 	Barry 	Blodgett 	Boddicker 
Boggess 	Bradley 	Brauns 	Carroll 
Churchill	Cormack 	Dix 	Dolecheck 
Drake 	Eddie 	Fallon 	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 Maanen 	Vande Hoef 
Veenstra 	Weidman 	Welter 	Mr. Speaker
			  Corbett

The nays were, 46:

Bell 	Bernau 	Brand 	Bukta 
Burnett 	Cataldo 	Chapman 	Chiodo 
Cohoon 	Connors 	Doderer 	Dotzler 
Drees 	Falck 	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 
Van Fossen 	Warnstadt 	Weigel 	Whitead 
Wise 	Witt 

Absent or not voting, 2:

Brunkhorst 	Dinkla

The motion prevailed and the House receded.
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. 8)

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 	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:

Dinkla

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
SENATE AMENDMENTS CONSIDERED
Heaton of Henry called up for consideration House File 2348, a
bill for an act relating to institutions and facilities
administered by the department of human services and to similar
and related services, amended by the Senate, and moved that the
House concur in the following Senate amendment H-9235:

H-9235

 1     Amend House File 2348, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 1, by striking lines 1 through 12 and
 4   inserting the following:
 5     "Section 1.  INSTITUTIONS ADMINISTERED BY THE
 6   DEPARTMENT OF HUMAN SERVICES - LEGISLATIVE FINDINGS
 7   AND INTENT.  During the 1997 legislative interim, the
 8   human services restructuring task force of the general
 9   assembly visited the state institutions administered
10   by the department of human services.  The task force
11   members heard from concerned parents, service
12   consumers, service system administrators, state and
13   community-based providers, advocates for the needs of
14   persons with disabilities, and many other persons
15   interested in the service system for persons with
16   disabilities and juveniles.  Based upon the task
17   force's review and recommendations, the general
18   assembly makes the following findings concerning these
19   institutions:"
20     2.  Page 1, line 15, by inserting after the word
21   "multiuse" the following:  "regional".
22     3.  Page 1, line 20, by striking the word
23   "strategically".
24     4.  Page 1, line 21, by striking the words "and
25   residential".
26     5.  Page 1, by striking lines 23 and 24 and
27   inserting the following:
28     "___.  Community-based approaches and individually
29   designed services and support are recognized as the
30   most desirable means of meeting the needs of persons
31   with disabilities.  A movement from an institution-
32   oriented system to a community and individual-oriented
33   system has occurred over time while community
34   resources and individualized services have been
35   developed.  The general assembly recognizes the role
36   of the department of human services and others in
37   furthering this movement.  As part of this movement,
38   the state institutions are evolving to be state-of-
39   the-art service providers for persons with chronic,
40   complex, or difficult-to-treat conditions for which
41   local services are not adequately available, while
42   continuing to make residential services available to
43   accommodate individual family choices.
44     ___.  There is a need to foster better
45   understanding of the evolving role of the
46   institutions.
47     6.  Page 1, line 28, by striking the words "State
48   officials" and inserting the following:  "Institution
49   administrators".
50     7.  Page 2, line 6, by inserting after the word

Page 2  

 1   "services" the following:  ", the governor's
 2   developmental disabilities council, a certified
 3   employee organization that represents residential
 4   treatment workers, the Iowa association of
 5   rehabilitation and residential facilities, the Iowa
 6   state association of counties, the arc of Iowa which
 7   was formerly known as the association for retarded
 8   citizens of Iowa, the alliance for the mentally ill of
 9   Iowa, and other service system consumers,
10   administrators, providers, and advocates".
11     8.  Page 2, by striking lines 18 through 21 and
12   inserting the following:
13     "1.  The department of human services shall work
14   with county central point".
15     9.  Page 2, line 23, by inserting after the word
16   "providers," the following:  "the legal clinic at the
17   state university of Iowa, centers for independent
18   living,".
19     10.  Page 2, line 31, by striking the words "other
20   citizens" and inserting the following:  "any citizen".
21     11.  Page 3, line 3, by striking the words "state
22   institutions" and inserting the following:
23   "resources".
24     12.  Page 3, by striking line 8 and inserting the
25   following:  "appropriate services to serve citizens
26   from the other state."
27     13.  Page 4, line 15, by striking the word
28   "subsection" and inserting the following:
29   "subsections".
30     14.  Page 4, by inserting after line 21 the
31   following:
32     "16.  The state shall make every effort to purchase
33   products produced for sale by employers of persons in
34   supported employment."
35     15.  Page 4, line 35, by inserting after the word
36   "department" the following:  ", the medical
assistance
37   advisory council created in section 249A.4, subsection
38   8,".
39     16.  Page 5, lines 7 and 8, by striking the words
40   "community and residential" and inserting the
41   following:  "regional".
42     17.  Page 5, by striking lines 20 through 22 and
43   inserting the following:  "signage, and in other forms
44   of communication."
45     18.  Page 5, line 26, by inserting after the word
46   "may" the following:  "request that the director of
47   human services".
48     19.  Page 6, line 16, by striking the words
49   "community and residential" and inserting the
50   following:  "regional".

Page 3

 1     20.  Page 6, by striking lines 31 through 33 and
 2   inserting the following:  "signage, and in other forms
 3   of communication."
 4     21.  Page 7, line 1, by inserting after the word
 5   "may" the following:  "request that the director of
 6   human services".
 7     22.  By renumbering, relettering, or redesignating
 8   and correcting internal references as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-9235.
Heaton of Henry 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. 2348)

The ayes were, 94:

Arnold 	Barry 	Bell 	Bernau 
Blodgett 	Boddicker 	Boggess 	Bradley 
Brand 	Brauns 	Brunkhorst 	Bukta 
Burnett 	Carroll 	Cataldo 	Chiodo
Churchill 	Cohoon 	Connors 	Cormack 
Dix 	Dolecheck 	Dotzler 	Drake 
Drees 	Eddie 	Falck 	Fallon 
Foege 	Ford 	Frevert 	Garman 
Gipp 	Greig 	Greiner 	Gries 
Grundberg 	Hahn 	Hansen 	Heaton 
Holmes 	Holveck 	Houser 	Huseman 
Huser	Jacobs 	Jenkins 	Jochum 
Kinzer 	Klemme 	Koenigs 	Kremer 
Lamberti 	Larkin 	Larson 	Lord
Martin 	May 	Mertz 	Metcalf 
Meyer 	Millage 	Moreland 	Mundie 
Murphy 	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, 5:

Chapman 	Doderer 	Kreiman 	Mascher 
Myers 

Absent or not voting, 1:

Dinkla

The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Rants of Woodbury called up for consideration House File 2269, a
bill for an act relating to permissible physical contact between
school employees and students, amended by the Senate amendment
H-9193 as follows:
H-9193

 1     Amend House File 2269, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 1, line 26, by striking the word
 4   "disciplining" and inserting the following:
 5   "restraining".
 6     2.  Page 2, by striking line 13 and inserting the
 7   following:
 8     "1.  An employee of an accredited public school
 9   district, accredited nonpublic school, or area
10   education agency may intervene in a fight or".
11     3.  Page 2, by inserting after line 22 the
12   following:
13     "2.  A person who is not an employee of an
14   accredited public school district, accredited
15   nonpublic school, or area education agency may
16   intervene in a fight or physical struggle, as
17   described in subsection 1, in the absence of such an
18   employee or at the request of such an employee,
19   utilizing the degree and force of intervention
20   reasonably necessary, in the opinion of the
21   nonemployee, to restore order and protect the safety
22   of the individuals involved in the altercation and
23   others in the vicinity of the altercation.  However, a
24   person who intervenes in the absence of an employee of
25   an accredited public school district, accredited
26   nonpublic school, or area education agency shall
27   report the intervention and all relevant information
28   regarding the situation as soon as reasonably possible
29   to such an employee.
30     3.  A person who intervenes in a fight or physical
31   struggle pursuant to subsection 1 or 2 shall be immune
32   from any civil or criminal liability which might
33   otherwise be incurred or imposed as a result of such
34   reasonable force, and shall be awarded reasonable
35   monetary damages against a party bringing a civil
36   action if determined in the action to have been
37   wrongfully accused, as specified in section 280.21,
38   subsection 3."
39     4.  Title page, lines 1 and 2, by striking the
40   words "between school employees and" and inserting the
41   following:  "with".
42     5.  By renumbering, relettering, or redesignating
43   and correcting internal references as necessary.
Rants of Woodbury offered the following amendment H-9304, to the
Senate amendment H-9193, filed by him from the floor and moved
its adoption:

H-9304

 1     Amend the Senate amendment, H-9193, to House File
 2   2269, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by striking lines 3 through 43 and
 5   inserting the following:
 6     "   .  Page 2, by striking line 13 and inserting
 7   the following:
 8     "1.  An employee of an accredited public school
 9   district, accredited nonpublic school, or area
10   education agency may intervene in a fight or".
11        .  Page 2, by inserting after line 22 the
12   following:
13     "2.  A person who is not an employee of an
14   accredited public school district, accredited
15   nonpublic school, or area education agency may
16   intervene in a fight or physical struggle occurring
17   among students, or between students and nonstudents,
18   that takes place in the presence of the nonemployee in
19   a school building, on school premises, or at any
20   school function or school-sponsored activity
21   regardless of its location.  The intervention may
22   occur in the absence of an employee of an accredited
23   public school district, accredited nonpublic school,
24   or area education agency, or at the request of such an
25   employee, utilizing the degree and force of
26   intervention reasonably necessary to restore order and
27   protect the safety of the individuals involved in the
28   altercation and others in the vicinity of the
29   altercation.  However, a person who intervenes in the
30   absence of an employee of an accredited public school
31   district, accredited nonpublic school, or area
32   education agency shall report the intervention and all
33   relevant information regarding the situation as soon
34   as reasonably possible to such an employee.
35     3.  An employee of an accredited public school
36   district, accredited nonpublic school, or area
37   education agency who intervenes in a fight or physical
38   struggle pursuant to subsection 1 shall be awarded
39   reasonable monetary damages against a party bringing a
40   civil action alleging a violation of this section, if
41   it is determined in the action that the employee has
42   been wrongfully accused.  A nonemployee of an
43   accredited public school district, accredited
44   nonpublic school, or area education agency who
45   intervenes in a fight or physical struggle pursuant to
46   subsection 2 shall be limited to the recovery of
47   reasonable attorney fees and court costs, if it is
48   determined in a civil action alleging a violation of
49   this section that the nonemployee has been wrongfully
50   accused."

Page 2  

 1        .  Title page, lines 1 and 2, by striking the
 2   words "between school employees and" and inserting the
 3   following:  "involving".
 4        .  By renumbering, relettering, or
 5   redesignating and correcting internal references as
 6   necessary."
Amendment H-9304 was adopted.
On motion by Rants of Woodbury, the House concurred in the
Senate amendment H-9193, as amended.
Rants of Woodbury 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. 2269)

The ayes were, 95:

Arnold 	Barry 	Bell 	Blodgett 
Boddicker 	Boggess 	Brand 	Brauns 
Brunkhorst 	Bukta 	Burnett 	Carroll 
Cataldo 	Chiodo 	Churchill 	Cohoon 
Connors 	Cormack 	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 	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, 3:

Bernau 	Chapman 	Moreland 

Absent or not voting, 2:

Bradley 	Dinkla
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
House Files 2348 and 2269.
Rants of Woodbury in the chair at 7:50 p.m.
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 20, 1998, amended and passed the
following bill in which the concurrence of the House is asked:
House File 2546, a bill for an act relating to waste tires and
tire-derived fuels.
Also: That the Senate has on April 20, 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 2345, a bill for an act relating to juvenile justice
system provisions involving foster care, termination of parental
rights, and adoption preplacement investigations.
MARY PAT GUNDERSON, Secretary
Ways and Means Calendar
The House resumed consideration of House File 2560, a bill for
an act relating to aircraft registration fees, previously
deferred.
Van Fossen of Scott moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (H.F. 2560)

The ayes were, 68:

Arnold 	Barry 	Bell 	Blodgett 
Boddicker 	Boggess 	Bradley 	Brauns 
Brunkhorst 	Carroll 	Cataldo 	Chiodo 
Churchill 	Cohoon 	Corbett, Spkr. 	Cormack 
Dix 	Dolecheck 	Drake 	Eddie 
Frevert 	Gipp 	Greig 	Greiner 
Gries 	Grundberg 	Hahn 	Hansen 
Holmes 	Houser 	Huseman 	Jacobs 
Jenkins 	Klemme 	Koenigs 	Kremer 
Lamberti 	Larkin 	Larson 	Lord 
Martin 	May 	Mertz 	Metcalf 
Meyer 	Millage 	Moreland	Mundie 
Myers 	Nelson 	Rayhons 	Siegrist 
Sukup 	Teig 	Thomas 	Thomson 
Tyrrell 	Van Fossen 	Van Maanen 	Vande Hoef 
Veenstra 	Warnstadt 	Weidman 	Weigel 
Welter 	Wise 	Witt 	Rants,
			  Presiding

The nays were, 29:

Bernau 	Brand 	Bukta 	Burnett 
Connors 	Doderer 	Dotzler 	Drees 
Falck 	Fallon 	Foege 	Ford 
Garman 	Holveck 	Huser 	Jochum 
Kinzer 	Kreiman 	Mascher 	Murphy 
O'Brien 	Osterhaus 	Reynolds-Knight 	Richardson 
Scherrman 	Schrader 	Shoultz 	Taylor 
Whitead 

Absent or not voting, 2:

Dinkla 	Heaton

Under the provision of Rule 76, conflict of interest, Chapman of
Linn refrained from voting.
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 2560 be immediately messaged to the Senate.
Speaker Corbett in the chair at 8:30 p.m.
Senate File 547, a bill for an act relating to veterans'
benefits, veterans preference, veterans' claims, and providing a
penalty, with report of committee recommending amendment and
passage, was taken up for consideration.
Kremer of Buchanan offered amendment H-8935 filed by the
committee on ways and means as follows:

H-8935

 1     Amend Senate File 547, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5     "Section 1.  Section 25B.7, subsection 2, paragraph
 6   c, Code Supplement 1997, is amended to read as
 7   follows:
 8     c.  Military service property tax credit and
 9   exemption pursuant to chapter 426A and sections 427.3
10   through 427.7, to the extent of six ten dollars and
11   seventy-five forty-nine cents per thousand dollars
of
12   assessed value of the exempt property."
13     2.  Page 11, by inserting after line 27 the
14   following:
15     "Sec. ___.  Section 426A.2, Code 1997, is amended
16   to read as follows:
17     426A.2  MILITARY SERVICE TAX CREDIT.
18     The moneys shall be apportioned each year so as to
19   replace all or a portion of the tax which would be due
20   on property eligible for military service tax
21   exemption in the state, if the property were subject
22   to taxation, the amount of the credit to be not more
23   than six ten dollars and seventy-five
forty-nine cents
24   per thousand dollars of assessed value of property
25   which would be subject to the tax, except for the
26   military service tax exemption."
Greig of Emmet asked and received unanimous consent that
amendment H-9171, to the committee amendment H-8935, be deferred.
Bernau of Story offered the following amendment H-9029, to the
committee amendment H-8935 filed by him and Jochum of Dubuque
and moved its adoption:

H-9029

 1     Amend the Committee amendment, H-8935, to Senate
 2   File 547, as passed by the Senate, as follows:
 3     1.  Page 1, by striking lines 10 through 12 and
 4   inserting the following:  "through 427.7, to the
 5   extent of six dollars and seventy-five cents per
 6   thousand dollars of assessed value of the exempt
 7   property."
 8     2.  Page 1, line 19, by striking the words "or a
 9   portion" and inserting the following:  "or a portion".
10     3.  Page 1, by striking lines 22 through 26 and
11   inserting the following:  "to taxation, the amount of
12   the credit to be not more than six dollars and
13   seventy-five cents per thousand dollars of assessed
14   value of property which would be subject to the tax,
15   except for the military service tax exemption.
16     Sec. ___.  Section 426A.5, Code 1997, is amended to
17   read as follows:
18     426A.5  PROPORTIONATE SHARES TO DISTRICTS.
19     The amount of credits received under this chapter
20   shall then be apportioned by each county treasurer to
21   the several taxing districts in the same manner as
22   though the amount of the credit had been paid by the
23   owner of the property receiving the credit.  Each
24   taxing district shall receive its proportionate share
25   of the military service tax credit allowed on each and
26   every tax exemption allowed in such the taxing
27   district, in the proportion that the levy made by such
28   taxing district upon general property bears to the
29   total levy upon all property subject to general
30   property taxation by all taxing districts imposing a
31   general property tax in such taxing district based
32   upon the amount of property taxes which would be due
33   on the property receiving the credit, if the property
34   were subject to taxation."
A non-record roll call was requested.
The ayes were 55, nays 30.
Amendment H-9029 was adopted.
Kremer of Buchanan offered the following amendment H-9319, to
the committee amendment H-8935, filed by Larson of Linn from the
floor and moved its adoption:

H-9319

 1     Amend the amendment, H-8935, to Senate File 547, as
 2   passed by the Senate, as follows:
 3     1.  Page 1, line 15, by striking the word "Sec.
 4   ___." and inserting the following:  "Sec. 101."
 5     2.  Page 1, by inserting after line 26 the
 6   following:
 7     "   .  Page 14, by inserting after line 15 the
 8   following:
 9     "Sec. ___.  Sections 1 and 101 of this Act are
10   effective for military service tax exemption claims
11   filed or on file on or after January 1, 1999, for
12   property taxes due and payable in the fiscal year
13   beginning July 1, 2000.""
Amendment H-9319 was adopted.
Greig of Emmet asked and received unanimous consent to withdraw
amendment H-9171, to the committee amendment H-8935, filed by
him on April 14, 1998.
Kremer of Buchanan moved the adoption of the committee amendment
H-8935, as amended.
The committee amendment H-8935, as amended, was adopted.
RULE 32 INVOKED
Millage of Scott rose on a point of order and invoked Rule 32 to
refer Senate File 547 to the committee on appropriations.
The House resumed consideration of Senate File 2413, a bill for
an act relating to exemptions from and reductions in solid waste
tonnage fees for certain persons, previously deferred.
Shoultz of Black Hawk offered the following amendment H-9293
filed by him from the floor and moved its adoption:

H-9293

 1     Amend Senate File 2413, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5     "Section 1.  Section 455B.301, Code 1997, is
 6   amended by adding the following new subsection:
 7     NEW SUBSECTION.  21.  "Transfer station" means a
 8   fixed or mobile intermediate sanitary disposal project
 9   for transferring loads of solid waste, with or without
10   reduction of volume, to another transportation unit."
11     2.  Page 1, line 3, by inserting after the figure
12   "1." the following:  "a.  A tonnage fee is imposed on
13   each ton of solid waste generated or landfilled in the
14   state.  Operators of sanitary landfills and operators
15   of transfer stations shall pay the tonnage fee as
16   provided in this section.  The tonnage fee shall not
17   be applied to the same solid waste more than once.
18     b."
19     3.  Page 1, by inserting after line 8 the
20   following:
21     "c.  The operator of a transfer station shall pay a
22   tonnage fee to the department for each ton of solid
23   waste received by the transfer station and transported
24   from the transfer station during the preceding
25   reporting period for landfilling in a sanitary
26   landfill not paying the tonnage fee imposed under this
27   section."
28     4.  Page 1, line 11, by inserting after the word
29   "landfill" the following:  "or transfer station".
30     5.  Page 1, line 13, by inserting after the word
31   "landfill" the following:  "or transfer station".
32     6.  Page 2, line 14, by inserting after the word
33   "landfill" the following:  "or transfer station".
34     7.  Title page, line 1, by inserting after the
35   word "to" the following:  "transfer stations and".
A non-record roll call was requested.
The ayes were 38, nays 46.
Amendment H-9293 lost.
Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendments H-9296 and H-9294 filed by him from the
floor.
Shoultz of Black Hawk offered the following amendment H-9297
filed by him from the floor and moved its adoption:

H-9297

 1     Amend Senate File 2413, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 4, by inserting after line 8 the
 4   following:
 5     "Sec. ___.  The department of natural resources is
 6   requested to evaluate, assess, and suggest amendments
 7   to the design standards and criteria for nonmunicipal
 8   solid waste landfills."
Amendment H-9297 was adopted.
Shoultz of Black Hawk offered the following amendment H-9298
filed by him from the floor and moved its adoption:

H-9298

 1     Amend Senate File 2413, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 4, by inserting after line 8 the
 4   following:
 5     "Sec. ___.  The environmental protection division
 6   of the department of natural resources is requested to
 7   implement a permitting fee schedule for the
 8   administration of permits to tonnage fee exempt
 9   foundry sand and coal combustion residue disposal
10   sites."
Amendment H-9298 was adopted.
Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-9299 filed by him from the floor.
Jenkins of Black Hawk moved that the bill be read a last time
now and placed upon its passage which motion prevailed and the
bill was read a last time.
On the question "Shall the bill pass?" (S.F. 2413)

The ayes were, 95:

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

The nays were, 3:

Fallon 	Shoultz 	Witt 

Absent or not voting, 2:

Boddicker 	Dinkla 

The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, 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 20, 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 2061, a bill for an act relating to a delay in
implementing the inclusion of certain information on property
tax statements by providing a deferral application process and
providing an effective date.
Also: That the Senate has on April 20, 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 2281, a bill for an act relating to compensation for
the legal defense of indigent persons in criminal, appellate,
and certain civil cases.
Also: That the Senate has on April 20, 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 2296, a bill for an act appropriating funds to the
department of economic development, certain board of regents
institutions, the department of workforce development, the
public employment relations board, making related statutory
changes, and providing an effective date provision.
MARY PAT GUNDERSON, Secretary
Gipp of Winneshiek called up for consideration House File 2546,
a bill for an act relating to waste tires and tire-derived
fuels, amended by the Senate, and moved that the House concur in
the following Senate amendment H-9323:

H-9323

 1     Amend House File 2546, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 1, line 8, by striking the word "shall"
 4   and inserting the following:  "may".
 5     2.  Page 1, by striking lines 10 through 19 and
 6   inserting the following:  "party."
 7     3.  Page 1, lines 25 through 27, by striking the
 8   words "other than a site located underground and
 9   holding a grain warehouse license,"
10     4.  Page 1, line 29, by striking the word "fifty"
11   and inserting the following:  "thirty-five".
12     5.  Page 1, by striking lines 30 through 32 and
13   inserting the following:  "equivalent collected by the
14   site and the prior to July 1, 1998.  The financial".
15     6.  Page 1, lines 34 and 35, by striking the words
16   "eighty-five" and inserting the following:  "eighty-
17   five thirty-five".
18     7.  Page 2, line 2, by inserting after the word
19   "department." the following:  "This paragraph shall
20   take effect July 1, 1999."
21     8.  Page 2, by striking lines 12 through 18 and
22   inserting the following:  "tire collection or
23   processing site, the financial assurance instrument
24   for a waste tire collection site shall provide
25   coverage in an amount which is equivalent to eighty-
26   five cents per passenger tire equivalent collected by
27   the site on or after July 1, 1998, and the financial
28   assurance instrument for a waste tire processing site
29   shall provide coverage in an amount which is
30   equivalent to eighty-five cents per passenger tire
31   equivalent collected for processing by the site which
32   is above the three-day processing supply of tires for
33   the site as determined by the department."
34     9.  By striking page 2, line 19, through page 3,
35   line 1.
36     10.  By renumbering, relettering, or redesignating
37   and correcting internal references as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-9323.
Gipp of Winneshiek 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. 2546)

The ayes were, 95:

Arnold 	Barry 	Bell 	Bernau
Blodgett 	Boggess 	Brand 	Brauns 
Brunkhorst 	Bukta 	Burnett 	Carroll 
Cataldo 	Chapman 	Chiodo 	Cohoon 
Connors 	Cormack 	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 	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, 5:

Boddicker 	Bradley 	Churchill 	Dinkla 
Kremer
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Houser of Pottawattamie called up for consideration 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, 
amended by the Senate, and moved that the House concur in the
following Senate amendment H-9284:

H-9284

 1     Amend House File 2558, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 12, by inserting after line 5 the
 4   following:
 5                       "DIVISION VIII
 6         SEXUALLY VIOLENT PREDATORS
 7     Sec. ___.  Section 229A.12, if enacted by 1998 Iowa
 8   Acts, Senate File 2398, section 12, is amended to read
 9   as follows:
10     229A.12  DIRECTOR OF HUMAN SERVICES -
11   RESPONSIBILITY FOR COSTS - DUTIES - REIMBURSEMENT.
12     The director of human services shall be responsible
13   for all costs relating to the evaluation and treatment
14   of persons committed to the director's custody under
15   any provision of this chapter.  Reimbursement may be
16   obtained by the director from the patient and any
17   person legally liable or bound by contract for the
18   support of the patient for the cost of care and
19   treatment provided.  As used in this section, "any
20   person legally liable" does not include a political
21   subdivision."
22     2.  By renumbering as necessary.
The motion prevailed and the House concurred in the Senate
amendment H-9284.
Houser 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. 2558)

The ayes were, 98:

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

The nays were, none.

Absent or not voting, 2:

Boddicker 	Dinkla 

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 File 2413, House Files 2546 and 2558.
HOUSE RECEDES
Gries of Crawford called up for consideration House Concurrent
Resolution 15, a concurrent resolution providing for the
formation of a committee by the Legislative Council to conduct a
comprehensive study of school finance and make recommendations
for a revised school aid formula, amended by the House and moved
that the House recede from its amendment.
The motion prevailed and the House receded.
On motion by Gries of Crawford, the resolution was adopted.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House Concurrent Resolution 15 be immediately messaged to
the Senate.
MOTIONS TO RECONSIDER
(House File 8)
I move to reconsider the vote by which House File 8 passed the
House on April 20, 1998.
HOUSER of Pottawattamie
(House File 8)
I move to reconsider the vote by which House File 8 passed the
House on April 20, 1998.
SCHRADER of Marion
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 20th day of April: House Files 2175, 2262, 2275, 2400,
2424, 2472, 2499 and 2542.
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 20, 1998, he approved and transmitted to the Secretary
of State the following bills:
House File 2120, an act prohibiting the use of self-service
displays in the offering for sale or sale of cigarettes or
tobacco products, and providing a penalty.
House File 2282, an act authorizing the imposition of a local
option sales and services tax and use of certain federal funds
for school infrastructure projects and the issuance of bonds,
and providing an effective date.
Senate File 316, an act relating to the training and
probationary periods for certain law enforcement officers.
Senate File 347, an act relating to the disposal of public
nuisances seized by the department of natural resources.
Senate File 2109, an act relating to mobile home dealers.
Senate File 2312, an act providing for child day care
requirements for volunteers and for the number of children
receiving care under the child care home pilot projects and
providing an effective date.
Senate File 2329, an act relating to crime victims, by expanding
the compensation available from the crime victim compensation
program to victims of crime and their families and providing a
Code editor directive.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Five Teachers and Ten students from the Four Oaks Program, Cedar
Rapids, accompanied by Bonnie Morris.  By Foege of Linn.
Twenty home school students from Van Meter, accompanied by Peggy
Willard.  By Lord of Dallas.
One hundred 7th and 8th grade students from Rockwell City-Lytton
Middle School, Lytton, accompanied by Diane Lenertz.  By Mundie
of Webster.
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\492	Rick August, Walcott - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.
1998\493	Jerry Kleymann, Alta - For being named the Elementary
Principal of the Year for Area Education Agency 5 by the School
Administrators of Iowa.
1998\494	Diane Kearns, Keokuk - For being elected president of
the Iowa Health Information Management Association.
1998\495	Rev. L. H. Streich, Maynard - For his 48 years of
service to the Lutheran ministry.
1998\496	Cliff and Arlene Bouska, Waucoma - For celebrating
their 50th wedding anniversary.
1998\497	Fire Chief Wally Rundle, Oelwein - For his 35 years of
service to the Oelwein Fire Department.
1998\498	Audra Cole, Sioux City - For receiving the Lifetime
Achievement Award by the Iowa Chapter, National Association of
Social Workers.
1998\499	Myrtle Beitel, Davenport - For celebrating her 90th
birthday.
1998\500	Robert S. and Joy Klopp, Cedar Rapids - For celebrating
their 50th wedding anniversary.
1998\501	Mike Powell, LeMars - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.
1998\502	Winga's Cafe and Mr. and Mrs. John Winga, Jr.,
Washington - For celebrating 70 years as one of Iowa's oldest
family owned restaurants.
1998\503	Sammy and Patricia Samuelson, Fairfield - For
celebrating their 50th wedding anniversary.
1998\504	Warren and Ruby Beatty, Keosauqua - For celebrating
their 50th wedding anniversary.
1998\505	Ethel Holm, Keosauqua - For celebrating her 104th
birthday.
1998\506	Keosauqua Mother's Club, Keosauqua - For celebrating
their 70th Anniversary.
1998\507	Leonard and Marlys Papesh, Clutier - For celebrating
their 50th wedding anniversary.
1998\508	Velma Asmussen, Toledo - For celebrating her 80th
birthday.
1998\509	Sylbert Holly, Monona - For serving the students of
MFL-MarMac Schools for 24 years as the school nurse.
1998\510	Tiffany Olsen, Tama - For being named All American
Scholar by the United States Achievement Academy.
1998\511	Dave Nading, Strawberry Point - For exemplary volunteer
work with Save The Backbone Lake Committee.
AMENDMENTS FILED

H-9301	H.F.	2559	Lamberti of Polk
H-9324	S.F.	2345	Senate Amendment
H-9325	S.F.	2281	Senate Amendment
H-9327	S.F.	2296	Senate Amendment
On motion by Siegrist of Pottawattamie, the House adjourned at
9:45 p.m., until 8:45 a.m., Tuesday, April 21, 1998.

© 1998 Cornell College and League of Women Voters of Iowa

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