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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 toathe 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 aresubjecttocareand47feedingperformedprovided feed and care by another 48 person. 49 3. "Custom cattle feedlot operator" means the 50 owner of a custom cattle feedlot orapersonmanagingPage 4 1thecustomcattlefeedlot,ifthepersonisauthorized2bytheownertofileandenforcealienunderthis3chapterthe owner's personal representative. 4 4. "Feedlot" meansthesameasdefinedinsection5172D.1a 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 22livestockcattle at the custom cattle feedlotagreed23uponpursuant 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 "or16tenant" and inserting the following: "or tenant". 17 6. Page 8, line 28, by striking the words "or18tenant's" and inserting the following: "or tenant's". 19 7. Page 8, line 35, by striking the words "or20tenant" 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
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