Previous Day: Tuesday, March 23Next Day: Thursday, March 25
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

House Journal: Wednesday, March 24, 1999

Seventy-third Calendar Day - Forty-sixth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, March 24, 1999
The House met pursuant to adjournment at 8:50 a.m., Speaker 
Corbett in the chair.
Prayer was offered by Reverend H.W. Kramer, pastor of 
Emmanuel Lutheran Church, Lake View.
The Journal of Tuesday, March 23, 1999 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Connors of Polk on request of Schrader of Marion; Chiodo of Polk on request of 
Cataldo of Polk. 
TEACHER OF THE DAY
Representative Jager of Black Hawk presented to the House 
Wilbur and Betty Engelkes, high school teachers from La Porte City.
INTRODUCTION OF BILLS
House File 744, by committee on ways and means, a bill for an 
act relating to reductions in the state individual income tax by 
increasing the deduction for pension income and increasing the 
personal and dependent credits, and including a retroactive 
applicability date provision.
Read first time and placed on the ways and means calendar.
House File 745, by committee on appropriations, a bill for an act 
appropriating funds to the department of economic development, 
certain board of regents institutions, the department of workforce 
development, and the public employment relations board, making 
related statutory changes, and providing an effective date.
	Read first time and placed on the appropriations calendar.

MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that the Senate has on 
March 23, 1999, amended and passed the following bill in which the concurrence of the 
House is asked:
House File 224, a bill for an act relating to qualifications of commissioners for a 
city, county, or joint memorial hospital.
Also: That the Senate has on March 23, 1999, passed the following bill in which the 
concurrence of the House is asked:
Senate File 304, a bill for an act providing for conditional employment pending the 
outcome of background checks for health care facility employees.
MICHAEL E. MARSHALL, Secretary
SENATE MESSAGES CONSIDERED
Senate File 76, by committee on transportation, a bill for an act 
relating to the administration of the state department of trans-
portation by allowing the reversion of operating funds for training 
and technology, making a standing appropriation, and providing for 
the nonreversion of certain railroad funds.
Read first time and referred to committee on appropriations.
Senate File 230, by committee on ways and means, a bill for an 
act updating the Iowa Code references to the Internal Revenue Code, 
extending the loss carryback period for farm net operating losses, 
providing certain tax credits to estates and trusts, and providing an 
effective date and a retroactive applicability date.
Read first time and passed on file.
Senate File 324, by committee on commerce, a bill for an act re-
lating to certain franchise agreements and the rights and responsi-
bilities of the parties under such agreements.
	Read first time and referred to committee on commerce and 

regulation.
Senate File 338, by committee on commerce, a bill for an act 
relating to access privileges to certain buildings and structures by 
certified local exchange carriers and franchised cable television 
providers.
Read first time and passed on file.
Senate File 399, by committee on ways and means, a bill for an 
act relating to tax exemptions for livestock-related pollution-control 
or recycling property.
Read first time and referred to committee on ways and means.
Senate File 406, by committee on commerce, a bill for an act 
relating to entities and subject matter under the regulatory authority 
of the insurance division, including securities, business opportunities, 
cemetery merchandise and residential service contracts, providing for 
fees, and establishing penalties.
Read first time and referred to committee on commerce and 
regulation.
CONSIDERATION OF BILLS
Regular Calendar
House File 433, a bill for an act relating to the exclusion of 
certain transactions involving a public utility or common carrier from 
the applicability of the consumer credit code, with report of committee 
recommending amendment and passage, was taken up for con-
sideration.
Rants of Woodbury offered amendment H-1080 filed by the 
committee on commerce and regulation as follows:
H-1080
 1     Amend House File 433 as follows:
 2     1.  By striking everything after the enacting
 3   clause and inserting the following:
 4     "Section 1.  Section 537.3310, subsection 5, Code
 5   1999, is amended to read as follows:

 6     5.  Subsections 1 through 4 do not apply to a the
 7   following:
 8     a.  a membership camping contract which is subject
 9   to the requirements of chapter 557B.
10     b.  a contract for wireless communications service.
11     For purposes of this subsection, "wireless
12   communications service" means as defined in section
13   34A.7A, subsection 4.  However, this subsection shall
14   not be interpreted as prohibiting a consumer from
15   canceling a contract where the terms of the agreement
16   entered into have not been met by the provider of the
17   wireless communications service."
Rants of Woodbury offered the following amendment H?1151, to 
the committee amendment H?1080, filed by him and moved its 
adoption:
H-1151
 1     Amend the amendment, H-1080, to House File 433 as
 2   follows:
 3     1.  Page 1, line 10, by inserting after the word
 4   "service" the following:  "which is effective for a
 5   period of no more than twenty-four months in
 6   duration".
Amendment H?1151, to the committee amendment H-1080, was 
adopted.
Kreiman of Davis rose on a point of order that the committee 
amendment H-1080, as amended, was not germane.
The Speaker ruled the point well taken and the committee 
amendment H-1080, as amended, not germane.
Rants of Woodbury asked for unanimous consent to suspend the 
rules to consider  the committee amendment H-1080, as amended.
Objection was raised.
Rants of Woodbury moved to suspend the rules to consider the 
committee amendment H-1080, as amended.
A non-record roll call was requested.
	The ayes were 51, nays 39.

The motion prevailed. 
Rants of Woodbury moved the adoption of the committee 
amendment H-1080, as amended.
The committee amendment H-1080, as amended, was adopted.
Eddie of Buena Vista in the chair at 9:36 a.m.
Rants of Woodbury 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. 433)
	The ayes were, 55:
Alons	Barry	Baudler	Blodgett
Boal	Boddicker	Boggess	Bradley
Brauns	Brunkhorst	Carroll	Cataldo
Cohoon	Corbett, Spkr.	Cormack	Dix
Dolecheck	Drake	Ford	Gipp
Greiner	Grundberg	Hahn	Hansen
Heaton	Hoffman	Holmes	Horbach
Houser	Huseman	Huser	Jager
Jenkins	Johnson	Kettering	Klemme
Larson	Lord	Martin	Metcalf
Millage	Raecker	Rants	Rayhons
Siegrist	Sukup	Sunderbruch	Teig
Thomson	Tyrrell	Van Engelenhoven	Van Fossen
Weidman	Wise	Eddie,
			  Presiding
	The nays were, 42:
Arnold	Bell	Bukta	Burnett
Chapman	Davis	Doderer	Dotzler
Drees	Falck	Fallon	Foege
Frevert	Garman	Holveck	Jochum
Kreiman	Kuhn	Larkin	Mascher
May	Mertz	Mundie	Murphy
Myers	Nelson	O'Brien	Osterhaus
Parmenter	Reynolds	Richardson	Scherrman
Schrader	Shoultz	Stevens	Taylor
Thomas	Warnstadt	Weigel	Welter
Whitead	Witt
		Absent or not voting, 3:

Chiodo	Connors	Jacobs
The bill having received a constitutional majority was declared to 
have passed the House and the title was agreed to.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Nelson of Marshall on request of Gipp of Winneshiek. 
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent 
that House File 433 be immediately messaged to the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that the Senate has on 
March 24, 1999, amended and passed the following bill in which the concurrence of the 
House is asked:
House File 136, a bill for an act relating to the criminal offenses that require 
registration as provided in the sex offender registry law and providing an effective 
date.
Also: That the Senate has on March 24, 1999, amended and passed the following 
bill in which the concurrence of the House is asked:
House File 571, a bill for an act relating to the deposit of public funds and the 
conditions which must be met by a savings and loan association or savings bank to be 
eligible to receive such deposits, and providing an effective date.
Also: That the Senate has on March 24, 1999, passed the following bill in which the 
concurrence of the House is asked:
Senate File 277, a bill for an act relating to hospital clinical privileges of a 
physician assistant or advanced registered nurse practitioner.
MICHAEL E. MARSHALL, Secretary
The House stood at ease at 10:26 a.m., until the fall of the gavel.
	The House resumed session at 11:43 a.m., Speaker Corbett in the 

chair.
RULES SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent 
to suspend the rules for the immediate consideration of House File 
743.
Appropriations Calendar
House File 743, a bill for an act relating to the establishment of 
an Iowa early intervention block grant program, providing for a 
school improvement technology block grant program, and making 
appropriations, was taken up for consideration.
Grundberg of Polk moved that the bill be read a last time now and 
placed upon its passage which motion prevailed and the bill was read 
a last time.
On the question "Shall the bill pass?" (H.F. 743)
	The ayes were, 90:
Alons	Arnold	Baudler	Bell
Blodgett	Boal	Boggess	Bradley
Brauns	Brunkhorst	Bukta	Burnett
Carroll	Cataldo	Cohoon	Cormack
Davis	Dix	Doderer	Dolecheck
Dotzler	Drake	Drees	Eddie
Falck	Fallon	Foege	Ford
Frevert	Gipp	Greiner	Grundberg
Hahn	Hansen	Heaton	Hoffman
Holmes	Holveck	Horbach	Houser
Huseman	Huser	Jochum	Johnson
Kettering	Klemme	Kreiman	Kuhn
Larkin	Larson	Lord	Martin
Mascher	May	Mertz	Metcalf
Millage	Mundie	Murphy	Myers
O'Brien	Osterhaus	Parmenter	Raecker
Rants	Rayhons	Reynolds	Richardson
Scherrman	Schrader	Shoultz	Siegrist
Stevens	Sukup	Sunderbruch	Taylor
Teig	Thomas	Thomson	Tyrrell
Van Engelenhoven	Van Fossen	Warnstadt	Weidman
Weigel	Welter	Whitead	Wise
Witt	Mr. Speaker
		  Corbett
	The nays were, 2:

Boddicker	Garman	
	Absent or not voting, 8:
Barry	Chapman	Chiodo	Connors
Jacobs	Jager	Jenkins	Nelson	
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 743 be immediately messaged to the Senate.
On motion by Siegrist of Pottawattamie the House was recessed at 
12:30 p.m., until 1:15 p.m.
AFTERNOON SESSION
The House reconvened at 1:18 p.m., Speaker pro tempore Rants in 
the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum 
was present.  The vote revealed sixty-two members present, thirty-
eight absent.
CONSIDERATION OF BILLS
Regular Calendar
House File 721, a bill for an act relating to the Iowa egg council 
by providing for its administration and membership, and providing 
an effective date, was taken up for consideration.
Boggess of Taylor 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. 721)

	The ayes were, 94:
Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Burnett	Carroll	Cataldo
Chapman	Cohoon	Corbett, Spkr.	Cormack
Davis	Dix	Doderer	Dolecheck
Dotzler	Drake	Eddie	Falck
Fallon	Foege	Ford	Frevert
Garman	Gipp	Greiner	Grundberg
Hahn	Hansen	Hoffman	Holmes
Holveck	Horbach	Houser	Huseman
Huser	Jager	Jenkins	Jochum
Johnson	Kettering	Klemme	Kreiman
Kuhn	Larkin	Larson	Lord
Martin	Mascher	May	Mertz
Metcalf	Millage	Mundie	Murphy
Myers	O'Brien	Osterhaus	Parmenter
Raecker	Rayhons	Reynolds	Richardson
Scherrman	Schrader	Shoultz	Siegrist
Stevens	Sukup	Sunderbruch	Taylor
Teig	Thomas	Thomson	Tyrrell
Van Engelenhoven	Van Fossen	Warnstadt	Weidman
Weigel	Welter	Whitead	Wise
Witt	Rants,
		  Presiding
	The nays were, none.
	Absent or not voting, 6:
Chiodo	Connors	Drees	Heaton
Jacobs	Nelson	
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 721 be immediately messaged to the Senate.
House File 472, a bill for an act relating to burial sites on private 
property, with report of committee recommending passage, was taken 
up for consideration.
	Fallon of Polk asked and received unanimous consent to withdraw 

amendment H-1069 filed by him and Carroll of Poweshiek on March 
10, 1999.
RULE 31.8 SUSPENDED
Brauns of Muscatine asked and received unanimous consent to 
suspend Rule 31.8, relating to the timely filing of amendments, for 
the consideration of amendment H-1210 filed by him, Carroll of 
Poweshiek and Fallon of Polk from the floor as follows:
H-1210
 1     Amend House File 472 as follows:
 2     1.  Page 1, by striking lines 14 through 26 and
 3   inserting the following:  "the owner of the property
 4   shall permit the person reasonable ingress and egress
 5   for the purposes of visiting the burial site, and the
 6   governmental subdivision or agency shall notify the
 7   owner of this obligation."
 8     2.  By renumbering as necessary.
Amendment H?1210 was adopted.
Brauns of Muscatine 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. 472)
	The ayes were, 93:
Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Burnett	Carroll	Cataldo
Chapman	Cohoon	Corbett, Spkr.	Cormack
Davis	Dix	Doderer	Dolecheck
Dotzler	Drake	Eddie	Falck
Fallon	Foege	Ford	Frevert
Garman	Gipp	Greiner	Grundberg
Hahn	Hansen	Hoffman	Holmes
Holveck	Horbach	Houser	Huseman
Huser	Jager	Jenkins	Jochum
Kettering	Klemme	Kreiman	Kuhn
Larkin	Larson	Lord	Martin
Mascher	May	Mertz	Metcalf^
Millage	Mundie	Murphy	Myers
O'Brien	Osterhaus	Parmenter	Raecker
Rayhons	Reynolds	Richardson	Scherrman
Schrader	Shoultz	Siegrist	Stevens
Sukup	Sunderbruch	Taylor	Teig
Thomas	Thomson	Tyrrell	Van Engelenhoven
Van Fossen	Warnstadt	Weidman	Weigel
Welter	Whitead	Wise	Witt
Rants,
  Presiding
	The nays were, none.
	Absent or not voting, 7:
Chiodo	Connors	Drees	Heaton
Jacobs	Johnson	Nelson	
The bill having received a constitutional majority was declared to 
have passed the House and the title was agreed to.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Carroll of Poweshiek, until his return, on request of Siegrist of Pottawattamie. 
House File 686, a bill for an act providing registration 
requirements and establishing a scope of authority for dental 
assistants, and providing an effective date, was taken up for 
consideration.
Whitead of Woodbury asked and received unanimous consent to 
withdraw amendment H-1120 filed by Whitead, et al., on March 18, 
1999.
Blodgett of Cerro Gordo offered the following amendment H?1132 
filed by him and moved its adoption:
H-1132
 1     Amend House File 686 as follows:
 2     1.  Page 1, line 23, by striking the word
 3   "subsection" and inserting the following:
 4   "subsections".
 5     2.  Page 1, by inserting after line 25 the
 6   following:
 7     "NEW SUBSECTION.  6.  Persons licensed to practice

 8   nursing pursuant to chapter 152 who are exclusively
 9   engaged in the practice of said profession."
Amendment H?1132 was adopted.
Parmenter of Story asked and received unanimous consent that 
amendments H-1153 and H-1174 be deferred.
Blodgett of Cerro Gordo offered the following amendment H?1154 
filed by him and moved its adoption:
H-1154
 1     Amend House File 686 as follows:
 2     1.  Page 2, by striking lines 28 through 30 and
 3   inserting the following:
 4     "3.  Individuals employed as a dental assistant as
 5   of July 1, 2000, shall be registered with the board
 6   and receive a certificate of registration, and
 7   individuals employed as a".
Amendment H?1154 was adopted.
Blodgett of Cerro Gordo asked and received unanimous consent to 
withdraw amendment H-1121 filed by him on March 18, 1999.
Metcalf of Polk offered the following amendment H?1155 filed by 
her and moved its adoption:
H-1155
 1     Amend House File 686 as follows:
 2     1.  Page 3, line 2, by striking the word
 3   "effective" and inserting the following:  "adopted".
Amendment H?1155 was adopted.
Parmenter of Story asked and received unanimous consent to 
withdraw amendment H-1153, previously deferred, filed by him on 
March 22, 1999.
Parmenter of Story asked and received unanimous consent to 
withdraw amendment H-1174, previously deferred, filed by him on 
March 23, 1999.
	Holmes 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. 686)
	The ayes were, 82:
Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Bukta	Burnett
Cataldo	Chapman	Cohoon	Corbett, Spkr.
Cormack	Davis	Dix	Doderer
Dotzler	Drees	Eddie	Falck
Fallon	Foege	Ford	Garman
Gipp	Greiner	Grundberg	Hansen
Heaton	Holmes	Holveck	Horbach
Houser	Huseman	Huser	Jager
Jenkins	Jochum	Johnson	Kettering
Klemme	Kuhn	Larkin	Martin
Mascher	May	Mertz	Metcalf
Millage	Mundie	Murphy	Myers
O'Brien	Osterhaus	Parmenter	Raecker
Reynolds	Schrader	Shoultz	Siegrist
Stevens	Sukup	Sunderbruch	Taylor
Teig	Thomas	Thomson	Tyrrell
Van Engelenhoven	Van Fossen	Warnstadt	Weidman
Weigel	Welter	Whitead	Wise
Witt	Rants,
		  Presiding
	The nays were, 13:
Brauns	Brunkhorst	Dolecheck	Drake
Frevert	Hahn	Hoffman	Kreiman
Larson	Lord	Rayhons	Richardson
Scherrman	
	Absent or not voting, 5:
Carroll	Chiodo	Connors	Jacobs
Nelson
The bill having received a constitutional majority was declared to 
have passed the House and the title was agreed to.
House File 322, a bill for an act relating to liens arising out of 
contracts involving the care and feeding of livestock, and providing an 
effective date, was taken up for consideration.
	Teig of Hamilton offered the following amendment H?1168 filed by 

him and moved its adoption:
H-1168
 1     Amend House File 322 as follows:
 2     1.  By striking everything after the enacting
 3   clause, and inserting the following:
 4     "Section 1. NEW SECTION.  172C.1  DEFINITIONS.
 5     As used in this chapter, unless the context
 6   otherwise requires:
 7     1.  "Contract livestock facility" means an animal
 8   feeding operation as defined in section 455B.161,
 9   where livestock owned by a contractor is produced by a
10   contract producer who owns the animal feeding
11   operation.  "Contract livestock facility" includes a
12   confinement feeding operation as defined in section
13   455B.161.  However, a contract livestock facility does
14   not include a custom cattle feedlot as defined in
15   section 579A.1.
16     2.  "Contract producer" means the owner of a
17   contract livestock facility who is paid by a
18   contractor for producing livestock owned by the
19   contractor at the contract livestock facility.
20     3.  "Contractor" means a person who owns livestock
21   and pays a contract producer for producing the
22   livestock at a contract livestock facility owned by
23   the contract producer.
24     4.  "Livestock" means beef cattle, dairy cattle,
25   sheep, or swine.
26     5.  "Processor" means a person engaged in the
27   business of manufacturing goods from livestock,
28   including a person who is required to be licensed as a
29   dealer or broker as provided in chapter 172A.
30     6.  "Produce" means to provide feed or services
31   relating to the care and feeding of livestock.  If the
32   livestock is dairy cattle, "produce" includes milking
33   the dairy cattle.
34     7.  "Production contract" means an oral or written
35   agreement executed by a contract producer and a
36   contractor who provides that a contract producer is to
37   receive payment for producing livestock owned by the
38   contractor at the contract producer's contract
39   livestock facility.
40     Sec. 2. NEW SECTION.  172C.2  PRODUCTION CONTRACTS
41   - CONFIDENTIALITY PROHIBITED.
42     A provision which is part of a production contract
43   is void, if the provision states that information
44   contained in the production contract is confidential.
45   The provision is void regardless of whether the
46   confidentiality provision is express or implied; oral
47   or written; required or conditional; contained in the

48   production contract, another production contract, or
49   in a related document, policy, or agreement.  This
50   section does not affect other provisions of a
Page 2  
 1   production contract or a related document, policy, or
 2   agreement which can be given effect without the voided
 3   provision.  This section does not require either party
 4   to a production contract to divulge the information in
 5   the production contract to another person.
 6     Sec. 3. NEW SECTION.  172C.3  PRODUCTION CONTRACTS
 7   REQUIRED TO BE FILED.
 8     1.  As used in this section, all of the following
 9   apply:
10     a.  A production contract is advertised if it is
11   presented or delivered to a contract producer,
12   regardless of whether it is part of an offer.  A
13   production contract is executed if it is signed by the
14   contractor and contract producer or authorized
15   representatives and is still in force.
16     b.  A production contract is advertised or executed
17   regardless of whether it is a new production contract
18   or the renewal or extension of a previous production
19   contract.
20     2.  On or before March 31 of each year, a
21   contractor shall file with the secretary of state
22   types of production contracts that are advertised or
23   executed by the contractor.  The production contracts
24   filed with the secretary of state shall not include
25   the printed name or signature of a contract producer.
26   A contractor shall not advertise or execute a
27   production contract, unless the contractor files that
28   type of production contract with the secretary of
29   state.
30     3.  The secretary of state in consultation with the
31   attorney general shall adopt rules which provide for
32   all of the following:
33     a.  Criteria for distinguishing types of production
34   contracts.  The rules shall categorize the types of
35   production contracts that must be submitted to the
36   secretary of state under this section.
37     b.  The manner in which a contractor must file
38   types of production contracts.  The secretary of state
39   may require that the types of production contracts be
40   filed in an electronic format.
41     c.  Exceptions to the filing requirement as
42   provided in this section.  The secretary of state may
43   create an exception because of any of the following:
44     (1)  The consideration owed by the contractor under
45   all production contracts executed by the contractor
46   and a contract producer is minimal.

47     (2)  There is a family relationship between the
48   contractor and the contract producer.
49     (3)  The contractor and the contract producer are
50   part of the same family farm entity or networking
Page 3
 1   farmers entity as defined in section 10.1.
 2     (4)  The livestock is purchased for a purpose other
 3   than for use by a processor.
 4     4.  The attorney general may provide an analysis of
 5   filed production contracts in order to assist contract
 6   producers in negotiating production contracts.
 7   However, the secretary of state, in consultation with
 8   the attorney general, may designate some information
 9   contained in a production contract as confidential, if
10   such information is a confidential record under
11   section 22.7.
12     Sec. 4. NEW SECTION.  172C.4  ENFORCEMENT.
13     1.  The attorney general's office is the primary
14   agency responsible for enforcing this chapter.  The
15   secretary of state shall notify the attorney general's
16   office if the secretary of state has reason to believe
17   that a violation of section 172C.3 has occurred.
18     2.  In enforcing the provisions of this chapter,
19   the attorney general may do all of the following:
20     a.  Apply to the district court for an injunction
21   to do any of the following:
22     (1)  Restrain a contractor from engaging in conduct
23   or practices in violation of this chapter.
24     (2)  Require a contractor to comply with a
25   provision of this chapter.
26     b.  Apply to district court for the issuance of a
27   subpoena to obtain a production contract for purposes
28   of enforcing this chapter.
29     c.  Bring an action in district court to enforce
30   penalties provided in section 172C.5, including the
31   assessment and collection of civil penalties.
32     Sec. 5. NEW SECTION.  172C.5  PENALTIES.
33     1.  A contractor who includes a confidentiality
34   provision in a production contract in violation of
35   section 172C.2 is guilty of a fraudulent practice as
36   provided in section 714.8.
37     2.  A contractor who fails to file a timely or
38   complete production contract type as required in
39   section 172C.3 is subject to a civil penalty not to
40   exceed one thousand dollars.  Each contract advertised
41   or executed in violation of section 172C.3 constitutes
42   a separate offense.
43     Sec. 6.  Section 579A.1, subsections 2, 3, and 4,
44   Code 1999, are amended to read as follows:
45     2.  "Custom cattle feedlot" means a feedlot where

46   cattle owned by a person are subject to care and
47   feeding performed provided feed and care by another
48   person.
49     3.  "Custom cattle feedlot operator" means the
50   owner of a custom cattle feedlot or a person managing
Page 4
 1   the custom cattle feedlot, if the person is 
authorized
 2   by the owner to file and enforce a 
lien under this
 3   chapter the owner's personal representative.
 4     4.  "Feedlot" means the same as defined in section
 5   172D.1 a lot, yard, corral, building, or other area in
 6   which cattle are confined and fed and maintained for
 7   forty-five days or more in any twelve-month period.
 8     Sec. 7.  Section 579A.1, Code 1999, is amended by
 9   adding the following new subsection:
10     NEW SUBSECTION.  4A.  "Personal representative"
11   means a person who is authorized by the owner of a
12   custom cattle feedlot to act on behalf of the owner,
13   including by executing an agreement, managing a custom
14   cattle feedlot, or filing and enforcing liens under
15   this chapter.
16     Sec. 8.  Section 579A.2, subsection 1, Code 1999,
17   is amended to read as follows:
18     1.  A custom cattle feedlot operator shall have a
19   lien upon the cattle and the identifiable cash
20   proceeds from the sale of the cattle for the amount of
21   the contract price for the feed and care of the
22   livestock cattle at the custom cattle feedlot agreed
23   upon pursuant to a written or oral agreement by the
24   custom cattle feedlot operator and the person who owns
25   the cattle, which may be enforced as provided in
26   section 579A.3.
27     Sec. 9.  Section 579A.2, subsection 2, paragraph e,
28   Code 1999, is amended to read as follows:
29     e.  The printed name and signature of the person
30   filing the form.
31     Sec. 10.  Section 579A.2, subsection 3, Code 1999,
32   is amended to read as follows:
33     3.  Except as provided in chapter 581, a lien
34   created under this section until preserved and a lien
35   preserved under this section is superior to and shall
36   have priority over a conflicting lien or security
37   interest in the cattle, including a lien or security
38   interest that was perfected prior to the creation of
39   the lien provided under this section.
40     Sec. 11. NEW SECTION.  579A.4  WAIVERS
41   UNENFORCEABLE.
42     A waiver of a right created by this subchapter,
43   including but not limited to, a waiver of the right to
44   file a lien pursuant to this subchapter is void and

45   unenforceable.
46     Sec. 12. NEW SECTION.  579A.5  ALTERNATE LIEN
47   PROCEDURE.
48     A person who is a custom cattle feedlot operator
49   may file and enforce a lien as a contract producer
50   under this chapter or chapter 579B, but not both.
Page 5
 1     Sec. 13. NEW SECTION.  579B.1  DEFINITIONS.
 2     As used in this chapter, unless the context
 3   otherwise requires:
 4     1.  "Commodity" means livestock or a crop.
 5     2.  "Contract crop field" means farmland where a
 6   crop owned by a contractor is produced by a contract
 7   producer.
 8     3.  "Contract livestock facility" means an animal
 9   feeding operation as defined in section 455B.161,
10   where livestock owned by a contractor is produced by a
11   contract producer who owns the animal feeding
12   operation.  "Contract livestock facility" includes a
13   confinement feeding operation as defined in section
14   455B.161 or a feedlot as defined in section 172D.1,
15   including a custom cattle feedlot.
16     4.  "Contract operation" means a contract livestock
17   facility or contract crop field.
18     5.  "Contract producer" means the owner of a
19   contract operation who is paid by a contractor for
20   producing a commodity owned by the contractor at the
21   contract operation.  A contract producer includes a
22   contract producer's personal representative.
23     6.  "Contractor" means a person who pays a contract
24   producer for producing a commodity at a contract
25   operation owned by the contract producer.
26     7.  "Crop" means any variety of alfalfa, barley,
27   buckwheat, corn, flax, millet, oats, rye, sorghum,
28   soybeans, or wheat, forage, or silage.
29     8.  "Farmland" means the same as defined in section
30   352.2.
31     9.  "Livestock" means beef cattle, dairy cattle,
32   sheep, or swine.
33     10.  "Personal representative" means a person who
34   is authorized by a contract producer to act on behalf
35   of the contract producer, including by executing an
36   agreement, managing a contract operation, or filing
37   and enforcing a lien as provided in this chapter.
38     11.  "Processor" means a person engaged in the
39   business of manufacturing goods from commodities,
40   including a person who is required to be licensed as a
41   dealer or broker as provided in chapter 172A.
42     12.  "Produce" means to do any of the following:
43     a.  Provide feed or services relating to the care

44   and feeding of livestock.  If the livestock is dairy
45   cattle, "produce" includes milking the dairy cattle.
46     b.  Provide for planting, raising, harvesting, and
47   storing crop.  "Produce" includes preparing the soil
48   for planting and nurturing the crop by the application
49   of fertilizers or soil conditioners as defined in
50   section 200.3 or pesticides as defined in section
Page 6
 1   206.2.
 2     13.  "Production contract" means an oral or written
 3   agreement executed by a contract producer and a
 4   contractor who provides that a contract producer is to
 5   receive payment for producing a commodity owned by the
 6   contractor at the contract producer's contract
 7   operation.
 8     Sec. 14. NEW SECTION.  579B.2  ESTABLISHMENT OF
 9   LIEN - PRIORITY.
10     A contract producer who is a party to a production
11   contract shall have a lien as provided in this
12   section.  The amount of the lien shall be the amount
13   owed to the contract producer pursuant to the terms of
14   the production contract, which may be enforced as
15   provided in section 579B.3.
16     1.  a.  If the production contract is for the
17   production of livestock, all of the following shall
18   apply:
19     (1)  The lien shall be upon all of the following:
20     (a)  Slaughter cattle, swine, or sheep and the
21   identifiable cash proceeds from the sale of the swine
22   or sheep.
23     (b)  Dairy cattle and the identifiable cash
24   proceeds from the sale of milk produced by the dairy
25   cattle.
26     (2)  The lien is created at the time the livestock
27   arrive at the contract livestock facility and
28   continues for one year after the livestock is no
29   longer under the authority of the contract producer.
30   For purposes of this section, livestock is no longer
31   under the authority of the contract producer when the
32   livestock leave the contract livestock facility.
33     b.  If the production contract is for the
34   production of a crop, all of the following shall
35   apply:
36     (1)  The lien shall be upon the crop and the
37   identifiable cash proceeds from the sale of the crop.
38     (2)  The lien is created at the time the crop is
39   planted and continues for one year after the crop is
40   no longer under the authority of the contract
41   producer.  For purposes of this section, a crop is no
42   longer under the authority of the contract producer

43   when the crop or a warehouse receipt issued by a
44   warehouse operator licensed under chapter 203C for
45   grain from the crop is no longer under the custody or
46   control of the contract producer.
47     2.  In order to preserve the lien, the contract
48   producer must file in the office of the secretary of
49   state a lien statement on a form prescribed by the
50   secretary of state.  If the lien arises out of
Page 7
 1   producing livestock or milk, the contract producer
 2   must file the lien within twenty days after the
 3   livestock arrive at the contract livestock facility.
 4   If the lien arises out of producing a crop, the
 5   contract producer must file the lien within twenty
 6   days after the crop is planted.  The secretary of
 7   state shall charge a fee of not more than ten dollars
 8   for filing the statement.  The secretary of state may
 9   adopt rules pursuant to chapter 17A for the electronic
10   filing of the statements.  The statement must include
11   all of the following:
12     a.  An estimate of the amount owed pursuant to the
13   production contract.
14     b.  The date when the livestock arrive at the
15   contract livestock facility or the date when the crop
16   was planted.
17     c.  The estimated duration of the period when the
18   commodity will be under the authority of the contract
19   producer.
20     d.  The name of the party to the production
21   contract whose commodity is produced pursuant to the
22   production contract.
23     e.  The description of the location of the contract
24   operation, by county and township.
25     f.  The printed name and signature of the person
26   filing the form.
27     4.  Except as provided in chapter 581, a lien
28   created under this section until preserved and a lien
29   preserved under this section is superior to and shall
30   have priority over a conflicting lien or security
31   interest in the commodity, including a lien or
32   security interest that was perfected prior to the
33   creation of the lien provided under this section.
34     Sec. 15. NEW SECTION.  579B.3  ENFORCEMENT.
35     Before a commodity leaves the authority of the
36   contract producer as provided in section 579B.2, the
37   contract producer may foreclose a lien created in that
38   section in the manner provided for the foreclosure of
39   secured transactions as provided in sections 554.9504,
40   554.9506, and 554.9507.  After the commodity is no
41   longer under the authority of the contract producer,

42   the contract producer may enforce the lien by
43   commencing an action at law for the amount of the lien
44   against either of the following:
45     1.  The holder of the identifiable cash proceeds
46   from the sale of the commodity.
47     2.  The processor who has purchased the commodity
48   within three days after the commodity is no longer
49   under the authority of the contract producer.
50     Sec. 16. NEW SECTION.  579B.4  WAIVERS
Page 8
 1   UNENFORCEABLE.
 2     A waiver of a right created by this chapter,
 3   including but not limited to a waiver of the right to
 4   file a lien pursuant to this chapter, is void and
 5   unenforceable.
 6     Sec. 17. NEW SECTION.  579B.5  ALTERNATE LIEN
 7   PROCEDURE.
 8     A person who is a custom cattle feedlot operator as
 9   defined in section 579A.1 may file and enforce a lien
10   as a contract producer under this chapter or chapter
11   579A, but not both.
12     Sec. 18.  Section 714.8, Code 1999, is amended by
13   adding the following new subsection:
14     NEW SUBSECTION.  17.  A contractor who includes a
15   confidentiality provision in a production contract in
16   violation of section 172C.2.
17     Sec. 19.  EFFECTIVE DATE.  This Act, being deemed
18   of immediate importance, takes effect upon enactment."
19     2.  Title page, by striking lines 1 and 2 and
20   inserting the following:  "An Act relating to
21   production contracts, providing penalties, and
22   providing an effective".
Amendment H?1168 was adopted, placing amendment H-1100 
filed by Frevert of Palo Alto, et al., on March 16, 1999, out of order.
Teig of Hamilton moved that the bill be read a last time now and 
placed upon its passage which motion prevailed and the bill was read 
a last time.
On the question "Shall the bill pass?" (H.F. 322)
	The ayes were, 94:
Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst^
Bukta	Burnett	Cataldo	Chapman
Cohoon	Corbett, Spkr.	Cormack	Davis
Dix	Doderer	Dolecheck	Dotzler
Drake	Drees	Eddie	Falck
Fallon	Foege	Ford	Frevert
Garman	Gipp	Greiner	Grundberg
Hahn	Hansen	Heaton	Hoffman
Holveck	Horbach	Houser	Huseman
Huser	Jager	Jenkins	Jochum
Johnson	Kettering	Klemme	Kreiman
Kuhn	Larkin	Larson	Lord
Martin	Mascher	May	Mertz
Metcalf	Millage	Mundie	Murphy
Myers	O'Brien	Osterhaus	Parmenter
Raecker	Rayhons	Reynolds	Richardson
Scherrman	Schrader	Shoultz	Siegrist
Stevens	Sukup	Sunderbruch	Taylor
Teig	Thomas	Thomson	Tyrrell
Van Engelenhoven	Van Fossen	Warnstadt	Weidman
Weigel	Welter	Whitead	Wise
Witt	Rants,
		  Presiding
	The nays were, none.
	Absent or not voting, 6:
Carroll	Chiodo	Connors	Holmes
Jacobs	Nelson	
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 472 and 322.
Speaker Corbett in the chair at 2:35 p.m.
House File 476, a bill for an act relating to the exercise of the 
power of eminent domain and to condemnation proceedings and 
providing for the Act's applicability, was taken up for consideration.
Fallon of Polk offered amendment H?1189 filed by him and Witt of 
Black Hawk as follows:
H-1189

 1     Amend House File 476 as follows:
 2     1.  Page 1, by inserting after line 21, the
 3   following:
 4     "     .  "Century farm" means a farm in which at
 5   least forty acres of such farm have been held in
 6   continuous ownership by the same family for one
 7   hundred years or more."
 8     2.  Page 2, inserting after line 7, the following:
 9     "Sec.     . NEW SECTION.  6A.22  CONDEMNATION OF
10   CENTURY FARMS PROHIBITED.
11     The acquisition of a century farm by condemnation
12   is prohibited except for acquisition of a right of way
13   for existing roads and highways for the maintenance,
14   safety improvement, upgrade, or expansion of such
15   existing roads and highways."
16     3.  By renumbering and correcting internal
17   references as necessary.
Fallon of Polk offered the following amendment H?1202, to 
amendment H?1189, filed by him from the floor and moved its 
adoption:
H-1202
 1     Amend the amendment, H-1189, to House File 476 as
 2   follows:
 3     1.  Page 1, line 14, by striking the words
 4   "upgrade, or expansion" and inserting the following:
 5   "or upgrade".
Amendment H?1202, to amendment H-1189, was adopted.
Fallon of Polk moved the adoption of amendment H-1189, as 
amended.
Amendment H?1189, as amended, was adopted.
Fallon of Polk offered the following amendment H?1184 filed by 
him and moved its adoption:
H-1184
 1     Amend House File 476 as follows:
 2     1.  Page 1, line 25, by inserting after the word
 3   "funds," the following:  "construction of artificial
 4   lakes, establishment of recreational lake districts,".
	A non-record roll call was requested.

The ayes were 37, nays 50.
Amendment H?1184 lost.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Wise of Lee, until his return, on request of Jochum of Dubuque. 
Warnstadt of Woodbury offered the following amendment H?1087 
filed by him and Whitead of Woodbury and moved its adoption:
H-1087
 1     Amend House File 476 as follows:
 2     1.  Page 1, line 29, by inserting after the word
 3   "land" the following:  "located outside the
 4   incorporated boundaries of a city".
 5     2.  Page 19, line 3, by inserting after the word
 6   "area" the following:  "and located outside the
 7   incorporated boundaries of a city".
 8     3.  Page 19, line 18, by inserting after the word
 9   "area" the following:  "and outside the incorporated
10   boundaries of a city".
A non-record roll call was requested.
The ayes were 23, nays 42.
Amendment H?1087 lost.
Fallon of Polk offered the following amendment H?1188 filed by 
him and Witt of Black Hawk and moved its adoption:
H-1188
 1     Amend House File 476 as follows:
 2     1.  Page 1, line 30, by inserting after the word
 3   "condemnation." the following:  "However, agricultural
 4   land may be condemned for purposes of construction of
 5   recreational trails if there is no other land at a
 6   feasible location owned by a willing seller."
	Amendment H?1188 lost.

Houser of Pottawattamie offered amendment H?1116 filed by him 
as follows:
H-1116
 1     Amend House File 476 as follows:
 2     1.  Page 1, line 33, by inserting after the figure
 3   "403.17," the following:  "or to an industry if the
 4   economic development board has approved the use of
 5   eminent domain under section 15.104, subsection 9,".
 6     2.  Page 2, line 24, by striking the word "that"
 7   and inserting the following:  "than".
 8     3.  Page 6, line 6, by inserting after the word
 9   "filing." the following:  "After filing and indexing,
10   the county recorder shall file a copy of the
11   application with the office of secretary of state.
12     PARAGRAPH DIVIDED."
13     4.  Page 6, line 35, by striking the word
14   "regular" and inserting the following:  "ordinary".
15     5.  Page 8, line 26, by striking the words "or
16   tenant" and inserting the following:  "or tenant".
17     6.  Page 8, line 28, by striking the words "or
18   tenant's" and inserting the following:  "or tenant's".
19     7.  Page 8, line 35, by striking the words "or
20   tenant" and inserting the following:  "or tenant".
21     8.  Page 9, line 1, by inserting after the word
22   "owner" the following:  "or tenant".
23     9.  Page 9, line 3, by inserting after the word
24   "owner's" the following:  "or tenant's".
25     10.  Page 10, by inserting after line 16 the
26   following:
27     "Sec.     .  Section 6B.38, Code 1999, is amended by
28   adding the following new unnumbered paragraph:
29     NEW UNNUMBERED PARAGRAPH.  The county recorder
30   shall file a copy of the sheriff's statement required
31   by section 6B.35, subsection 5, with the office of the
32   secretary of state."
33     11.  Page 14, by inserting after line 27, the
34   following:
35     "Sec.     . NEW SECTION.  9.2A  RECORDS RELATING TO
36   CONDEMNATION.
37     9.2A  RECORDS RELATING TO CONDEMNATION.
38     The secretary of state shall receive and preserve
39   in the secretary's office all papers transmitted to
40   the secretary in relation to condemnation and shall
41   keep an alphabetical list of acquiring agencies in a
42   book provided for that purpose, in which shall be
43   entered the name of the acquiring agency, the county
44   in which the real property is located, and the date
45   the condemnation application was filed.

46     Sec.     .  Section 15.104, Code 1999, is amended by
47   adding the following new subsection:
48     NEW SUBSECTION.  9.  Review all applications
49   submitted by cities requesting approval for the city
50   to exercise eminent domain authority over agricultural
Page 2  
 1   land and determine whether the use of such authority
 2   is necessary for the placement of an industry in the
 3   community.  The application may only include land
 4   located for at least three years within the
 5   incorporated boundaries of the city.
 6     Approval of an application by a city to exercise
 7   the right of eminent domain to acquire agricultural
 8   land for an industry may be granted for a specific
 9   land area upon a finding of public necessity.  When
10   making a determination of public necessity, the board
11   shall consider all of the following:
12     a.  The feasibility of acquiring the agricultural
13   land by methods other than condemnation.
14     b.  The public cost and public benefit from
15   locating the industry on the agricultural land.
16     c.  The existence of willing sellers at other
17   feasible locations in the state.
18     d.  The ability to adapt the industry development
19   plans to avoid the use of condemnation.
20     e.  The existence of a specific industry to be
21   located on the agricultural land.
22     f.  The amount of land requested to be condemned
23   compared to the total amount of land needed for the
24   project.
25     If a city acquires property by condemnation, or by
26   otherwise exercising the power of eminent domain, and
27   that property is later sold by the city for more than
28   the acquisition price paid to the landowner, the city
29   shall pay to the landowner from whom the property was
30   acquired the difference between the price at which it
31   was acquired and the price at which it was sold by the
32   city less the cost of any improvements made to the
33   land by the city.
34     For purposes of this subsection, "industry" means
35   the same as defined in section 260E.2."
36     12.  Page 18, by inserting after line 34, the
37   following:
38     "Sec.     .  Section 331.602, subsection 24, Code
39   1999, is amended to read as follows:
40     24.  Record papers, statements, and certificates
41   relating to the condemnation of property as provided
42   in section 6B.38, and carry out duties related to the
43   filing of certain condemnation documents with the
44   office of secretary of state.

45     13.  Page 19, line 5, by inserting after the word
46   "condemnation" the following:  "or unless the economic
47   development board approves the use of condemnation
48   under section 15.104, subsection 9, for the purposes
49   of locating an industry".
50     14.  Page 19, line 19, by inserting after the word
Page 3
 1   "condemnation" the following:  "or unless the economic
 2   development board approves the use of condemnation
 3   under section 15.104, subsection 9, for the purposes
 4   of locating an industry".
 5     15.  By renumbering as necessary.
Houser of Pottawattamie asked and received unanimous consent 
that amendments H-1207 and H-1208, both filed by him from the 
floor, be deferred.
Blodgett of Cerro Gordo offered amendment H?1198 filed by him 
from the floor, to amendment H?1116, and requested division as 
follows:
H-1198
 1     Amend the amendment, H-1116, to House File 476 as
 2   follows:
H-1198A
 3     1.  Page 1, by striking lines 3 through 5, and
 4   inserting the following:  ""403.17," the following:
 5   "or to development of industry as defined in section
 6   260E.2,"."
H-1198B
 7     2.  Page 1, by inserting after line 32, the
 8   following:
 9     " ___.  Page 14, by inserting after line 27, the
10   following:
11     "Sec. ___. NEW SECTION.  6B.59  SALE OF ACQUIRED
12   PROPERTY - REIMBURSEMENT TO LANDOWNER.
13     If an acquiring agency acquires property by
14   condemnation, or by otherwise exercising the power of
15   eminent domain, and that property is later sold by the
16   acquiring agency for more than the acquisition price
17   paid to the landowner, the acquiring agency shall pay
18   to the landowner from whom the property was acquired
19   the difference between the price at which it was

20   acquired and the price at which it was sold by the
21   acquiring agency less the cost of any improvements
22   made to the land by the acquiring agency.""
H-1198C
23     3.  By striking page 1, line 46 through page 2,
24   line 35.
H-1198A
25     4.  Page 2, by striking lines 46 through 49, and
26   inserting the following:  ""condemnation" the
27   following:  "or unless the land is to be acquired for
28   development of industry as defined in section
29   260E.2"."
30     5.  Page 3, by striking lines 1 through 4, and
31   inserting the following:  ""condemnation" the
32   following:  "or unless the land is to be acquired for
33   development of industry as defined in section
34   260E.2"."
Blodgett of Cerro Gordo moved the adoption of amendment 
H-1198A, to amendment H-1116.
Roll call was requested by Thomas of Clayton and Greiner of 
Washington.
On the question "Shall amendment H-1198A, to amendment 
H-1116, be adopted?" (H.F. 476)
	The ayes were, 32:
Blodgett	Bradley	Bukta	Cataldo
Chapman	Cohoon	Cormack	Dotzler
Drees	Grundberg	Hansen	Holmes
Huser	Jenkins	Jochum	Larkin
Larson	Martin	Metcalf	Millage
Murphy	Raecker	Shoultz	Siegrist
Sunderbruch	Taylor	Teig	Thomson
Van Fossen	Warnstadt	Whitead	Mr. Speaker
				  Corbett
	The nays were, 60:
Alons	Arnold	Barry	Baudler
Bell	Boal	Boddicker	Boggess
Brauns	Brunkhorst	Burnett	Carroll
Davis	Dix	Dolecheck	Drake^
Eddie	Falck	Fallon	Foege
Ford	Frevert	Garman	Gipp
Greiner	Hahn	Heaton	Hoffman
Holveck	Horbach	Houser	Huseman
Jager	Johnson	Kettering	Klemme
Kreiman	Kuhn	Mascher	May
Mertz	Mundie	O'Brien	Osterhaus
Parmenter	Rants	Rayhons	Reynolds
Richardson	Scherrman	Schrader	Stevens
Sukup	Thomas	Tyrrell	Van Engelenhoven
Weidman	Weigel	Welter	Witt
	Absent or not voting, 8:
Chiodo	Connors	Doderer	Jacobs
Lord	Myers	Nelson	Wise
Amendment H?1198A lost.
Fallon of Polk offered the following amendment H?1186, to 
amendment H?1116, filed by him and moved its adoption:
H-1186
 1     Amend the amendment, H-1116, to House File 476, as
 2   follows:
 3     1.  Page 1, by striking lines 2 through 5.
 4     2.  By striking page 1, line 46, through page 2,
 5   line 35.
 6     3.  By striking page 2, line 45, through page 3,
 7   line 4.
A non-record roll call was requested.
The ayes were 5, nays 45.
Amendment H?1186 lost.
Huser of Polk offered the following amendment H?1159, to amend-
ment H?1116, filed by her and moved its adoption:
H-1159
 1     Amend the amendment, H-1116, to House File 476 as
 2   follows:
 3     1.  Page 1, by inserting after line 14 the
 4   following:
 5     "     .  Page 7, by inserting after line 8 the
 6   following:
 7     "Sec. __.  Section 6B.4, Code 1999, is amended by

 8   adding the following new unnumbered paragraph:
 9     NEW UNNUMBERED PARAGRAPH.  A compensation
10   commission appointed pursuant to this section is a
11   governmental body as defined in section 21.2 and its
12   meetings shall be conducted in compliance with chapter
13   21.  Notice published by the sheriff pursuant to
14   section 6B.11 shall constitute public notice of the
15   meeting pursuant to section 21.4."
16        .  Page 8, by inserting after line 7 the
17   following:
18     "Sec. __.  Section 6B.11, Code 1999, is amended to
19   read as follows:
20     6B.11  FILING OF NOTICES AND RETURN OF SERVICE.
21     Notices, immediately after the service thereof,
22   shall, with proper return of service endorsed thereon
23   or attached thereto, be filed with the sheriff.  The
24   sheriff shall at once cause the commissioners to be
25   notified of the day and hour when they will be
26   required to proceed with the appraisement. The notice
27   to the commissioners shall also be published by the
28   sheriff pursuant to section 331.305.""
Amendment H?1159, to amendment H-1116, was adopted.
Blodgett of Cerro Gordo moved the adoption of amendment
 H-1198B, to amendment H-1116.
Amendment H-1198B, to amendment H-1116, was adopted 
placing amendment H-1203, filed by Houser of Pottawattamie from 
the floor, to amendment H-1116, out of order.
Blodgett of Cerro Gordo moved the adoption of amendment 
H-1198C, to amendment H-1116.
Roll call was requested by Greiner of Washington and Dix of 
Butler.
On the question "Shall amendment H-1198C, to amendment H-
1116, be adopted?" (H.F. 476)
	The ayes were, 33:
Alons	Blodgett	Cataldo	Chapman
Cohoon	Cormack	Dotzler	Drees
Foege	Ford	Frevert	Grundberg
Heaton	Jenkins	Jochum	Larkin
Larson	Martin	Mascher	Metcalf^
Millage	Murphy	Osterhaus	Scherrman
Shoultz	Siegrist	Sunderbruch	Taylor
Thomson	Warnstadt	Whitead	Witt
Mr. Speaker
  Corbett
	The nays were, 58:
Arnold	Barry	Baudler	Bell
Boal	Boddicker	Boggess	Bradley
Brauns	Brunkhorst	Bukta	Burnett
Carroll	Davis	Dix	Dolecheck
Drake	Eddie	Falck	Fallon
Garman	Gipp	Greiner	Hahn
Hoffman	Holmes	Holveck	Horbach
Houser	Huseman	Huser	Jager
Johnson	Kettering	Klemme	Kreiman
Kuhn	Lord	May	Mertz
Mundie	O'Brien	Parmenter	Raecker
Rants	Rayhons	Reynolds	Richardson
Schrader	Stevens	Sukup	Teig
Thomas	Tyrrell	Van Engelenhoven	Weidman
Weigel	Welter
	Absent or not voting, 9:
Chiodo	Connors	Doderer	Hansen
Jacobs	Myers	Nelson	Van Fossen
Wise	
Amendment H-1198C lost.
Siegrist of Pottawattamie asked and received unanimous consent 
that House File 476 be deferred and that the bill retain its place on 
the calendar.  (Amendment H-1116 pending.)
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on the morning 
of March 24, 1999.  Had I been present, I would have voted "aye" on 
House File 743.
BARRY of Harrison
	I was necessarily absent from the House chamber on March 23, 

1999.  Had I been present, I would have voted "aye" on House File 
732.
BOAL of Polk
I was necessarily absent from the House chamber on March 24, 
1999.  Had I been present, I would have voted "aye" on House Files 
322 and 686.
CARROLL of Poweshiek
I was necessarily absent from the House chamber on March 22 
through March 24, 1999.  Had I been present, I would have voted 
"aye" on House Joint Resolution 13, House Files 234, 375, 448, 532, 
620, 624, 647, 672, 687, 689, 696, 707, 708, 732, 743 and Senate Files 
203, 283 and 361. 
JENKINS of Black Hawk
I was necessarily absent from the House chamber on March 23, 
1999.  Had I been present, I would have voted "aye" on House Files 
620, 649, 687, 689, 696, 707, 708, 710 and Senate File 203.
STEVENS of Dickinson
SPECIAL PRESENTATION
Drake of Pottawattamie presented to the House Leslie 
Allensworth, National Vice President of Public Relations; Joy Larson, 
State President; Emily Kinsor, State Vice President; Melissa Earles, 
State Student Body Chair; Advisors, Veva Larson and Janice 
Halupnick, from the FHA.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present in 
the House chamber:
	One hundred third grade students from Clear Creek Elementary, 

Clear Lake, accompanied by Judy Allen, Mrs. Uhlenhop, Mrs. 
Wiegman and Jeff Nicholas.  By Blodgett of Cerro Gordo.
Twelve high school students from Waverly-Shell Rock High School, 
Waverly, accompanied by Mr. Halvorson.  By Brunkhorst of Bremer 
and Dix of Butler.
Senior high government students from Eddyville-Blakesburg High 
School, accompanied by their principal Chuck Elbert.  By Davis of 
Wapello, Greiner of Washington and Van Engelenhoven of Mahaska.
Forty-one seventh grade students from Pella Christian School, 
Pella, accompanied by Mr. DeBoef and Mr. Hartman.  By Van Engel-
enhoven of Mahaska.
Students from North High School, Sioux City, accompanied by 
Mrs. Lucus.  By Warnstadt of Woodbury and Whitead of Woodbury.
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
1999\503	Don Tang, Iowa City - For celebrating his 86th birthday.
1999\504	Frank Buckingham, Cherokee - For being named 1999 Media Sports 
Person of the Year.
1999\505	Phillip Greco, Fairfield - For attaining the rank of Eagle Scout, the 
highest rank in the Boy Scouts of America.
1999\506	Rose Hrdlicka, Fort Dodge - For celebrating her 100th birthday.
1999\507	Arlene Hunter, Lake View - For celebrating her 93rd birthday.
1999\508	Roy and Bonnie Swalwell Eilert, Newton - For celebrating their 50th 
wedding anniversary.
SUBCOMMITTEE ASSIGNMENTS

House File 533 Reassigned
Appropriations:  Greiner, Chair; Jacobs and Mertz.
House File 610 Reassigned
Appropriations:  Barry, Chair; Murphy and Nelson.
Senate File 210 Reassigned
Appropriations:  Gipp, Chair; Cormack and Warnstadt.
Senate File 294 Reassigned
Judiciary:  Larson, Chair; Baudler and Parmenter.
Senate File 309 Reassigned
Judiciary:  Larson, Chair; Davis and Kreiman.
Senate File 352
Transportation:  Thomas, Chair; Jager and Van Engelenhoven.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 252  Ways and Means 
Relating to the classification of apartments in condominiums for 
purposes of property taxation.
H.S.B. 253  Ways and Means 
Relating to the sales and use tax exemption for the sale or rental of 
farm machinery and equipment as it relates to grain dryers.
H.S.B. 254  Appropriations
Relating to and making appropriations for agriculture and natural 
resources and providing effective dates.
COMMITTEE RECOMMENDATIONS

MR. SPEAKER: The Chief Clerk of the House respectfully reports 
that the following committee recommendations have been received 
and are on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON COMMERCE AND REGULATION
Senate File 249, a bill for an act relating to the operation and regulation of 
insurance companies, including the treatment of certain confidential information by 
the commissioner, the operation of certain types of insurance companies, and the rights 
and duties of insurance companies under certain policies issued in this state.
Fiscal Note is not required.
Recommended Do Pass March 23, 1999.
Senate File 410, a bill for an act providing for the regulation of viatical settlement 
contracts when sold as investments.
Fiscal Note is not required.
Recommended Do Pass March 23, 1999.
COMMITTEE ON HUMAN RESOURCES
Senate File 194, a bill for an act relating to acceptable accreditation of psychiatric 
medical institutions for children for the purpose of licensing.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1194 March 23, 1999.
Senate File 248, a bill for an act relating to acquired immune deficiency syndrome, 
providing penalties, and providing for a repeal.
Fiscal Note is not required.
Recommended Do Pass March 23, 1999.
COMMITTEE ON JUDICIARY
Senate File 150, a bill for an act concerning judicial administration.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1196 March 23, 1999.
	Senate File 303, a bill for an act requiring that the clerk of the district court 

confirm that notice has been given to required parties prior to the filing of a 
nonstatutory lien.
Fiscal Note is not required.
Recommended Do Pass March 23, 1999.
AMENDMENTS FILED
H-1194	S.F.	194	Committee on Human Resources
H-1195	H.F.	224	Senate Amendment
H-1196	S.F.	150	Committee on Judiciary
H-1197	H.F.	476	Blodgett of Cerro Gordo
H-1199	S.F.	52	Davis of Wapello
H-1200	H.F.	427	Davis of Wapello
H-1201	H.F.	700	Shoultz of Black Hawk
H-1204	S.F.	216	Sukup of Franklin
H-1205	H.F.	136	Senate Amendment
H-1206	H.F.	571	Senate Amendment
H-1209	H.F.	476	Huser of Polk
H-1212	H.F.	499	Kreiman of Davis
H-1213	H.F.	499	Kreiman of Davis
H-1214	H.F.	499	Kreiman of Davis
H-1215	H.F.	499	Kreiman of Davis
H-1216	H.F.	499	Kreiman of Davis
H-1217	H.F.	499	Kreiman of Davis
H-1218	H.F.	499	Kreiman of Davis
H-1219	H.F.	737	Huser of Polk
H-1220	H.F.	737	Taylor of Linn
H-1221	H.F.	476	Witt of Black Hawk
			Fallon of Polk
H-1222	H.F.	476	Fallon of Polk
H-1223	H.F.	476	Blodgett of Cerro Gordo
H-1224	H.F.	586	Witt of Black Hawk
H-1225	H.F.	698	Cataldo of Polk
H-1226	H.F.	698	O'Brien of Boone
H-1227	H.F.	723	Cormack of Webster
H-1228	H.F.	476	Houser of Pottawattamie
H-1229	H.F.	737	Murphy of Dubuque
H-1230	H.F.	737	Alons of Sioux
H-1231	H.F.	737	Huser of Polk

			Richardson of Warren
			Thomas of Clayton
H-1232	H.F.	655	Grundberg of Polk
H-1233	H.F.	682	Barry of Harrison
			Kreiman of Davis
H-1234	H.F.	737	Murphy of Dubuque
H-1235	H.F.	589	Metcalf of Polk
H-1236	H.F.	737	Ford of Polk
H-1237	H.F.	675	Grundberg of Polk
			Brunkhorst of Bremer
			Mascher of Johnson
H-1238	H.F.	737	Shoultz of Black Hawk
			Ford of Polk
H-1239	H.F.	737	Ford of Polk
Weigel of Chickasaw		Shoultz of Black Hawk
Murphy of Dubuque		Chapman of Linn
On motion by Siegrist of Pottawattamie the House adjourned at 
4:25 p.m., until 8:45 a.m., Thursday, March 25, 1999.
Correction to the Journal
Pages 808 and 809.  Richardson of Warren should have been recorded as voting 
"aye" on Senate File 203.
840	JOURNAL OF THE HOUSE	73rd Day
73rd Day	WEDNESDAY, MARCH 24, 1999	839

Previous Day: Tuesday, March 23Next Day: Thursday, March 25
Senate Journal: Index House Journal: Index
Legislation: Index Bill History: Index

Return To Home index


© 1999 Cornell College and League of Women Voters of Iowa


Comments about this site or page? hjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Mar 25 13:30:03 CST 1999
URL: /DOCS/GA/78GA/Session.1/HJournal/Day/0324.html
jhf