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Seventy-fourth Calendar Day - Forty-seventh Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, March 25, 1999 The House met pursuant to adjournment at 8:53 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend Lester "Buck" Terlouw, retired pastor from the Reformed Church in America and Chaplain for the State of Iowa American Legion, Cantril. The Journal of Wednesday, March 24, 1999 was approved. SPECIAL PRESENTATION Prior to convening the Honorable Dan Boddicker state representative from Cedar County and his friend Mitch Smith from Cedar Rapids, performed jazz and blues music in the House chamber. The House expressed its appreciation. 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, passed the following bill in which the concurrence of the House is asked: Senate File 275, a bill for an act requiring the department of human services to establish certification or licensing standards for children's centers. Also: That the Senate has on March 24, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 404, a bill for an act relating to a relationship involving real estate licensees and real estate clients, and establishing restrictions on the payment of commissions or other consideration. MICHAEL E. MARSHALL, Secretary SENATE MESSAGES CONSIDERED Senate File 277, by committee on state government, a bill for an act relating to hospital clinical privileges of a physician assistant or advanced registered nurse practitioner. Read first time and passed on file. Senate File 304, by committee on human resources, a bill for an act providing for conditional employment pending the outcome of background checks for health care facility employees. Read first time and passed on file. The House stood at ease at 9:00 a.m., until the fall of the gavel. The House resumed session at 9:16 a.m., Speaker pro tempore Rants in the chair. 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. CONSIDERATION OF BILLS Regular Calendar House File 706, a bill for an act establishing the criminal offense of laser pointer harassment against a law enforcement officer, and providing a penalty, was taken up for consideration. Davis of Wapello offered the following amendment H?1113 filed by him and Kreiman of Davis and moved its adoption: H-1113 1 Amend House File 706 as follows: 2 1. Page 1, lines 4 and 5, by striking the words 3 "a law enforcement officer" and inserting the 4 following: "another person". 5 2. Page 1, line 6, by striking the words "a law 6 enforcement officer" and inserting the following: 7 "another person". 8 3. Title page, line 2, by striking the words 9 "against a law enforcement officer". Amendment H?1113 was adopted. Davis of Wapello 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. 706) The ayes were, 94: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Bukta Burnett Carroll Cataldo Chapman Cohoon Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Garman Gipp Greiner Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson 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 Welter Whitead Wise Witt Rants, Presiding The nays were, 3: Brunkhorst Fallon Weigel Absent or not voting, 3: Chiodo Connors Grundberg The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. House File 474, a bill for an act relating to the powers and duties of county treasurers by amending Code sections pertaining to special assessments, certain motor vehicle ownership transfers, tax statement addresses, tax redemption, and tax clearance statements for mobile homes, and providing effective date and applicability date provisions, was taken up for consideration. Van Engelenhoven of Mahaska 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. 474) The ayes were, 97: 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 Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson 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, 3: Chiodo Connors Grundberg The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 343, a bill for an act providing for the collection of moneys by a county board of supervisors arising out of the construction of a drainage improvement within a railroad right-of- way, with report of committee recommending passage, was taken up for consideration. Mertz of Kossuth 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. 343) The ayes were, 96: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Bukta Burnett Carroll Cataldo Chapman Cohoon Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson 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, 4: Brunkhorst Chiodo Connors Grundberg The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 706, 474 and 343. House File 714, a bill for an act relating to alternative forms of identification to be attached to a petition in an action for seeking a name change, was taken up for consideration. Kettering of Sac 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. 714) The ayes were, 95: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brunkhorst Bukta Burnett Carroll Cataldo Chapman Cohoon Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson 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 Welter Whitead Wise Witt Rants, Presiding The nays were, none. Absent or not voting, 5: Brauns Chiodo Connors Grundberg Weigel The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 590, a bill for an act relating to residency requirements for county, city, and school district elective offices, was taken up for consideration. Fallon of Polk offered amendment H?1078 filed by him and Reynolds of Van Buren as follows: H-1078 1 Amend House File 590 as follows: 2 1. Page 1, by inserting after line 17 the 3 following: 4 "Sec. ___. Section 39.22, Code 1999, is amended by 5 adding the following new subsection: 6 NEW SUBSECTION. 3. A township officer must be a 7 resident of the township for a period of time 8 beginning with the date the candidate files an 9 affidavit of candidacy for the township office to the 10 date of the election at which the office is to be 11 filled. The township officer shall actually reside in 12 the township for which the person was elected for the 13 duration of the term of office." 14 2. By renumbering as necessary. Huser of Polk offered the following amendment H?1142, to amendment H?1078, filed by her and moved its adoption: H-1142 1 Amend the amendment, H-1078, to House File 590, as 2 follows: 3 1. Page 1, by inserting after line 3 the 4 following: 5 ""Sec. . Section 39.21, Code 1999, is amended 6 by adding the following new subsection: 7 NEW SUBSECTION. 5. Township trustees as provided 8 in section 39.22. 9 Sec. . Section 39.21, Code 1999, is amended by 10 adding the following new subsection: 11 NEW SUBSECTION. 6. Township clerk as provided in 12 section 39.22. 13 Sec. . Section 39.22, subsection 2, Code 1999, 14 is amended to read as follows: 15 2. BY ELECTION. If the county board of 16 supervisors does not have the power provided under 17 subsection 1 to fill the offices of trustee and clerk 18 within a township by appointment, then the offices of 19 township trustee and township clerk shall be filled by 20 election on a nonpartisan basis. Township trustees 21 and the township clerk, in townships which do not 22 include a city, shall be elected by the voters of the 23 entire township. In townships which include a city, 24 the officers shall be elected by the voters of the 25 township who reside outside the corporate limits of 26 the city, but a township officer may be a resident of 27 the city. 28 a. TOWNSHIP OFFICERS. The election of township 29 officers shall take place at the general election on 30 ballots which shall not reflect a nominee's political 31 affiliation. Nomination shall be made by petition in 32 accordance with chapter 45. The petition form shall 33 be furnished by the county commissioner of elections 34 and shall be filed with the county commissioner of 35 elections. A plurality is sufficient to elect the 36 township officers, and no primary election for the 37 offices shall be held. 38a.b. TOWNSHIP TRUSTEES. Township trustees shall 39 be elected biennially to succeed those whose terms of 40 office expire on the first day of January following 41 the election which is not a Sunday or legal holiday. 42 The term of office of each elected township trustee is 43 four years, except as provided in subsection 1 for 44 initial terms following restoration of the election 45 process. 46b.c. TOWNSHIP CLERK. At the general election 47 held in the year 1990 and every four years thereafter, 48 in each civil township one township clerk shall be 49 elected who shall hold office for the term of four 50 years." Page 2 1 2. Page 1, by inserting after line 13 the 2 following: 3 "Sec. . Section 43.53, Code 1999, is amended to 4 read as follows: 5 43.53 NOMINEES FOR SUBDIVISION OFFICE - WRITE-IN 6 CANDIDATES. 7 The nominee of each political party for any office 8 to be filled by the voters of anytownshiporother9 political subdivision within the county shall be the 10 person receiving the highest number of votes cast in 11 the primary election by the voters of that party for 12 the office. That person shall appear as the party's 13 candidate for the office on the general election 14 ballot. A person whose name is not printed on the 15 official primary ballot shall not be declared 16 nominated as a candidate for such office in the 17 general election unless that person receives at least 18 five votes. Nomination of a candidate for the office 19 of county supervisor elected from a district within 20 the county shall be governed by section 43.52 and not 21 by this section. 22 Sec. . Section 49.37, subsection 3, Code 1999, 23 is amended to read as follows: 24 3. The commissioner shall arrange the partisan 25 county offices on the ballot with the board of 26 supervisors first, followed by the other county 27 officesandtownshipofficesin the same sequence in 28 which they appear in sections 39.17 and 39.22. 29 Nonpartisan offices, with the township offices first, 30 shall be listed after partisan offices." 31 . Page 1, by inserting after line 27 the 32 following: 33 "Sec. . Section 43.21, Code 1999, is repealed." 34 . Title page, line 2, by inserting after the 35 word "offices" the following: "and relating to 36 election of township officers"." Amendment H?1142 was adopted. Fallon of Polk moved the adoption of amendment H-1078, as amended. Amendment H?1078, as amended, was adopted. Dix of Butler asked and received unanimous consent that House File 590 be deferred and that the bill retain its place on the calendar. Speaker Corbett in the chair at 10:06 a.m. House File 501, a bill for an act relating to the imposition of mandatory minimum fines upon conviction of certain felonies, was taken up for consideration. Larson of Linn offered the following amendment H?1169 filed by him and moved its adoption: H-1169 1 Amend House File 501 as follows: 2 1. Page 1, by inserting after line 19 the 3 following: 4 "Sec. . Section 702.11, Code 1999, is amended 5 to read as follows: 6 702.11 FORCIBLE FELONY. 7 1. A "forcible felony" is any felonious child 8 endangerment, assault, murder, sexual abuse, 9 kidnapping, robbery, arson in the first degree, or 10 burglary in the first degree.However,sexual11 2. Notwithstanding subsection 1, the following 12 offenses are not forcible felonies: 13 a. Willful injury in violation of section 708.4, 14 subsection 2. 15 b. Sexual abuse in the third degree committed 16 between spouses,sexual. 17 c. Sexual abuse in violation of section 709.4, 18 subsection 2, paragraph "c", subparagraph (4),or19sexual. 20 d. Sexual exploitation by a counselor or therapist 21 in violation of section 709.15,isnota"forcible22felony". 23 Sec. . Section 708.2, Code 1999, is amended by 24 adding the following new subsection: 25 NEW SUBSECTION. 3A. A person who commits an 26 assault, as defined in section 708.1, and who causes 27 serious injury, is guilty of a class "D" felony." 28 2. Page 1, by inserting after line 33 the 29 following: 30 "Sec. . Section 708.4, Code 1999, is amended to 31 read as follows: 32 708.4 WILLFUL INJURY. 33 Any person who does an act which is not justified 34 and which is intended to causeanddoescauseserious 35 injury to another commitsathe following: 36 1. A class "C" felony, if the person causes 37 serious injury to another. 38 2. A class "D" felony, if the person causes bodily 39 injury to another." 40 3. Title page, by striking line 1 and inserting 41 the following: "An Act relating to the definitions 42 and penalties applicable to". 43 4. Title page, line 2, by inserting after the 44 word "felonies" the following: ", by making changes 45 related to the offenses of assault and willful injury 46 and making changes in the mandatory minimum penalties 47 for certain felony offenses". 48 5. By renumbering as necessary. Amendment H?1169 was adopted. RULE 31.8 SUSPENDED Kreiman of Davis asked and received unanimous consent to suspend Rule 31.8, relating to the timely filing of amendments, for the consideration of amendment H-1240 filed by him from the floor as follows: H-1240 1 Amend House File 501 as follows: 2 1. Page 2, by inserting after line 13 the 3 following: 4 "Sec. . Section 902.9, unnumbered paragraph 2, 5 Code 1999, is amended to read as follows: 6 The criminal penalty surcharge required by section 7 911.2 shall be added to a fine imposed on a class "C" 8 or class "D" felon, as provided by that section, and 9 is not a part of or subject to the maximums set in 10 this section. However, a fine shall not be imposed in 11 a class "C" or "D" felony, if the court finds that the 12 payment of a fine would create an undue burden on the 13 felon's family." 14 2. By renumbering as necessary. Carroll of Poweshiek in the chair at 10:24 a.m. Amendment H-1240 lost. House File 501 temporarily deferred. SPECIAL PRESENTATION Witt of Black Hawk introduced to the House Police Officers Keith Lemka and Kurt Schreiber, recipients of the Governor's Award for Valor, given for their heroic rescue efforts. The House resumed consideration of House File 501. Davis of Wapello 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. 501) The ayes were, 66: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Cataldo Cohoon Corbett, Spkr. Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Huser Jacobs Jager Jenkins Johnson Kettering Klemme Larkin Larson Lord Martin Metcalf Millage Mundie Myers Nelson O'Brien Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Welter Wise Carroll, Presiding The nays were, 31: Bukta Burnett Chapman Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Jochum Kreiman Kuhn Mascher May Mertz Murphy Osterhaus Parmenter Reynolds Richardson Schrader Shoultz Stevens Taylor Thomas Weigel Whitead Witt Absent or not voting, 3: Chiodo Connors Scherrman The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. LEAVE OF ABSENCE Leave of absence was granted as follows: Cataldo of Polk, until his return, on request of Schrader of Marion. The House resumed consideration of House File 590, previously deferred. Dix of Butler moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 590) The ayes were, 84: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Cohoon Corbett, Spkr. Cormack Davis Dix Dolecheck Drake Eddie Fallon Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Myers Nelson O'Brien Parmenter Raecker Rants Reynolds Richardson Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Carroll, Presiding The nays were, 11: Chapman Doderer Dotzler Drees Falck Foege Jochum Murphy Osterhaus Scherrman Shoultz Absent or not voting, 5: Cataldo Chiodo Connors Rayhons Schrader The bill having received a constitutional majority was declared to have passed the House and the title, as amended, and was agreed to. HOUSE FILE 300 WITHDRAWN Cormack of Webster asked and received unanimous consent to withdraw House File 300 from further consideration by the House. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 714, 501 and 590. House File 676, a bill for an act amending provisions in the "Iowa Agricultural Industry Finance Act," was taken up for consideration. Dolecheck of Ringgold 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. 676) The ayes were, 84: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Cohoon Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Eddie Falck Foege Frevert Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Huser Jacobs Jager Jenkins Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Fossen Warnstadt Weidman Welter Whitead Wise Carroll, Presiding The nays were, 12: Burnett Chapman Drees Fallon Ford Garman Holveck Jochum Shoultz Van Engelenhoven Weigel Witt Absent or not voting, 4: Cataldo Chiodo Connors Schrader The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 484 WITHDRAWN Teig of Hamilton asked and received unanimous consent to withdraw House File 484 from further consideration by the House. House File 688, a bill for an act providing for the designation of a state poet laureate, was taken up for consideration. Reynolds of Van Buren 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. 688) The ayes were, 92: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Chapman Cohoon Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege Ford Frevert Garman Gipp Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Houser Huseman Huser Jacobs Jager Jenkins Jochum Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson 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 Carroll, Presiding The nays were, 2: Greiner Johnson Absent or not voting, 6: Cataldo Chiodo Connors Eddie Horbach Rants The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 384 WITHDRAWN Reynolds of Van Buren asked and received unanimous consent to withdraw House File 384 from further consideration by the House. House File 705, a bill for an act to change the penalties for the criminal offense of accommodation involving marijuana, was taken up for consideration. Sukup of Franklin 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. 705) The ayes were, 90: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Chapman Cohoon Corbett, Spkr. Cormack Davis Dix Dolecheck Dotzler Drake Eddie Falck Foege Ford Frevert Garman Gipp Greiner Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman^ Kuhn Larkin Larson Lord Martin May Mertz Metcalf Millage Mundie Murphy Nelson 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 Carroll, Presiding The nays were, 5: Burnett Doderer Fallon Mascher Myers Absent or not voting, 5: Cataldo Chiodo Connors Drees Grundberg The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 676, 688 and 705. House File 521, a bill for an act relating to the licensure and operation of employment agencies and providing a penalty, with report of committee recommending passage, was taken up for consideration. Dolecheck of Ringgold offered the following amendment H?1192 filed by Dotzler of Black Hawk and moved its adoption: H-1192 1 Amend House File 521 as follows: 2 1. Page 2, line 24, by inserting after the word 3 "employee" the following: "or an application of an 4 employee". Amendment H?1192 was adopted. Dolecheck of Ringgold offered the following amendment H?1193 filed by Dotzler of Black Hawk and moved its adoption: H-1193 1 Amend House File 521 as follows: 2 1. Page 3, line 20, by striking the word 3 "willfully". 4 2. Page 3, line 21, by striking the word 5 "willfully". Amendment H?1193 was adopted. Dolecheck of Ringgold 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. 521) The ayes were, 97: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett 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 Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson 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 Carroll, Presiding The nays were, none. Absent or not voting, 3: Cataldo Chiodo Connors 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 521 be immediately messaged to the Senate. Appropriations Calendar House File 737, a bill for an act relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the Iowa department of public health, the department of human rights, the governor's alliance on substance abuse, and the commission of veterans affairs, and providing an effective date, was taken up for consideration. Gipp of Winneshiek asked and received unanimous consent that House File 737 be deferred and that the bill retain its place on the calendar. The House stood at ease at 11:55 a.m., until the fall of the gavel. The House resumed session at 12:58 p.m., Carroll of Poweshiek in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed fifty-two members present, forty-eight absent. The House resumed consideration of House File 737, previously deferred. Murphy of Dubuque offered the following amendment H?1234 filed by him and moved its adoption: H-1234 1 Amend House File 737 as follows: 2 1. Page 3, line 22, by inserting after the word 3 "abuse" the following: "in the department of public 4 safety". 5 2. Page 17, by inserting after line 11 the 6 following: 7 "Sec. ___. Section 80E.1, subsection 1, Code 1999, 8 is amended to read as follows: 9 1.AThe position of drug enforcement and abuse 10 prevention coordinator is established within the 11 department of public safety. The drug enforcement and 12 abuse prevention coordinator shall be appointed by the 13 governor, subject to confirmation by the senate, and 14 shall serve at the pleasure of the governor. The 15 governor shall fill a vacancy in the office in the 16 same manner as the original appointment was made. The 17 coordinator shall be selected primarily for 18 administrative ability. The coordinator shall not be 19 selected on the basis of political affiliation and 20 shall not engage in political activity while holding 21 the office. The salary of the coordinator shall be 22 fixed by the governor. 23 Sec. ___. Section 80E.1, subsection 2, paragraph 24 a, Code 1999, is amended to read as follows: 25 a. Coordinate and monitor all statewide narcotics 26 enforcement efforts, operate and supervise the 27 governor's alliance on substance abuse, coordinate and 28 monitor all state and federal substance abuse 29 treatment grants and programs, coordinate and monitor 30 all statewide substance abuse prevention and education 31 programs in communities and schools, and engage in 32 such other related activities as required by law. The 33 coordinator shall work in coordinating the efforts of 34 the department of corrections, the department of 35 education, the Iowa department of public health, the 36 department of public safety, and the department of 37 human services. The coordinator shall assist in the 38 development and implementation of local and community 39 strategies to fight substance abuse, including local 40 law enforcement, education, and treatment activities." 41 3. By renumbering as necessary. Roll call was requested by Murphy of Dubuque and Shoultz of Black Hawk. On the question "Shall amendment H-1234 be adopted?" (H.F. 737) The ayes were, 41: Bell Bukta Burnett Cataldo Chapman Cohoon Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 53: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Corbett, Spkr. Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Metcalf Millage Nelson Raecker Rants Rayhons Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Carroll, Presiding Absent or not voting, 6: Chiodo Connors Martin Richardson Siegrist Sukup Amendment H-1234 lost. Huser of Polk asked and received unanimous consent that amend- ment H-1219 be deferred. Murphy of Dubuque offered the following amendment H?1229 filed by him and moved its adoption: H-1229 1 Amend House File 737 as follows: 2 1. Page 13, by inserting after line 3 the 3 following: 4 "15. DEPUTY MEDICAL EXAMINER. 5 For establishing the position of deputy medical 6 examiner within the department of public health, and 7 for not more than the following full-time equivalent 8 positions: 9 $ 175,000 10 FTEs 1.00" 11 2. Page 18, by inserting after line 5 the 12 following: 13 "Sec. ___. Section 691.5, Code 1999, is amended to 14 read as follows: 15 691.5 STATE MEDICAL EXAMINER. 16 The position of state medical examiner is created 17 under the control, direction, and supervision of the 18commissionerofpublicsafetydirector of the 19 department of public health. Thecommissionerof20publicsafetydirector of the department of public 21 health may assign the office of the state medical 22 examiner to a division or bureau within the public 23safetyhealth department. Other state agencies shall 24 cooperate with the state medical examiner in the use 25 of state-owned facilities when appropriate for the 26 performance of nonadministrative duties of the state 27 medical examiner. The state medical examiner shall be 28 a physician and surgeon or osteopathic physician and 29 surgeon, be licensed to practice medicine in the state 30 of Iowa, and possess special knowledge in forensic 31 pathology. The state medical examiner shall be 32 appointed by and serve at the pleasure of the 33commissionerofpublicsafetydirector of the 34 department of public health. The state medical 35 examiner may be a faculty member of the college of 36 medicine or the college of law at the University of 37 Iowa, and any of the examiner's assistants or staff 38 may be members of the faculty or staff of the college 39 of medicine or the college of law at the University of 40 Iowa. 41 Sec. ___. Section 691.6, subsection 3, Code 1999, 42 is amended to read as follows: 43 3. To adopt rules pursuant to chapter 17A, and 44 subject to the approval of thecommissionerofpublic45safetydirector of the department of public health, 46 regarding the manner and techniques to be employed 47 while conducting autopsies; the nature, character, and 48 extent of investigations to be made in cases of 49 homicide or suspected homicide necessary to allow a 50 medical examiner to render a full and complete Page 2 1 analysis and report; the format and matters to be 2 contained in all reports rendered by medical 3 examiners; and all other things necessary to carry out 4 this section. All county medical examiners and peace 5 officers are subject to the rules. 6 Sec. . Section 691.7, Code 1999, is amended to 7 read as follows: 8 691.7 COMMISSIONER OR DIRECTOR TO ACCEPT FEDERAL 9 OR PRIVATE GRANTS. 10 The commissioner of public safety may accept 11 federal or private funds or grants to aid in the 12 establishment or operation of the state criminalistics 13 laboratory, and thecommissionerofpublicsafety14 director of the department of public health or the 15 board of regents may accept federal or private funds 16 or grants to aid in the establishment or operation of 17 the position of state medical examiner." 18 3. By renumbering as necessary. Roll call was requested by Murphy of Dubuque and Shoultz of Black Hawk. On the question "Shall amendment H-1229 be adopted?" (H.F. 737) The ayes were, 41: Bell Bukta Burnett Cataldo Chapman Cohoon Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 55: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Corbett, Spkr. Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Huseman Jacobs Jager Jenkins^ Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Carroll, Presiding Absent or not voting, 4: Chiodo Connors Houser Richardson Amendment H?1229 lost. Taylor of Linn asked and received unanimous consent to withdraw amendment H-1220 filed by him on March 24, 1999. Alons of Sioux offered the following amendment H?1230 filed by him and moved its adoption: H-1230 1 Amend House File 737 as follows: 2 1. Page 17, by inserting after line 1 the 3 following: 4 "e. Of the full-time equivalent positions 5 authorized pursuant to this subsection, filling 88.30 6 full-time equivalent positions shall be contingent 7 upon the termination of the existing Iowa veterans 8 home contract for dietary services, and the hiring of 9 state employees to perform dietary services at the 10 Iowa veterans home." Amendment H?1230 was adopted. Shoultz of Black Hawk offered the following amendment H?1238 filed by him and Ford of Polk and moved its adoption: H-1238 1 Amend House File 737 as follows: 2 1. Page 18, line 21, by inserting after the word 3 "services." the following: "The department shall 4 expend no less than three percent of its gambling 5 treatment program advertising budget, for the fiscal 6 year beginning July 1, 1999, and ending June 30, 2000, 7 for advertisements specifically targeted at ethnic and 8 minority groups." Speaker Corbett in the chair at 1:20 p.m. Roll call was requested by Shoultz of Black Hawk and Siegrist of Pottawattamie. On the question "Shall amendment H-1238 be adopted?" (H.F. 737) The ayes were, 41: Bell Bukta Burnett Cataldo Chapman Cohoon Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 56: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett Absent or not voting, 3: Chiodo Connors Richardson Amendment H-1238 lost. Ford of Polk offered the following amendment H?1236 filed by him and moved its adoption: H-1236 1 Amend House File 737 as follows: 2 1. Page 18, by striking lines 23 through 29 and 3 inserting the following: "year beginning July 1, 4 1999, and ending June 30, 2000, of the amount of the 5 tax revenue received by the state racing and gaming 6 commission pursuant to section 99D.15, subsections 1, 7 3, and 4, equal to three-tenths of one percent of the 8 gross sum wagered by the pari-mutuel method, $60,000 9 is appropriated to the department of human rights to 10 be used for the establishment of the status of 11 southeast Asians/Pacific Islanders division, and 12 remaining amounts are appropriated to the Iowa 13 department of public health for the public health 14 nursing program." Roll call was requested by Ford of Polk and Chapman of Linn. On the question "Shall amendment H-1236 be adopted?" (H.F. 737) The ayes were, 40: Bell Bukta Burnett Cataldo Chapman Cohoon Doderer Dotzler Drees Falck Foege Ford Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 57: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie Fallon Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett Absent or not voting, 3: Chiodo Connors Richardson Amendment H?1236 lost. Weigel of Chickasaw offered amendment H?1239 filed by Ford of Polk, et al., as follows: H-1239 1 Amend House File 737 as follows: 2 1. Page 18, by striking lines 22 through 29 and 3 inserting the following: 4 "Sec. ___. GAMBLING TREATMENT FUND DEPOSITS. 5 1. For the fiscal year beginning July 1, 1999, and 6 ending June 30, 2000, an amount of the tax revenue 7 received by the state racing and gaming commission 8 pursuant to section 99D.15, subsections 1, 3, and 4, 9 equal to four-tenths of one percent of the gross sum 10 wagered by the pari-mutuel method shall be deposited 11 into the gambling treatment fund in addition to the 12 other revenue deposited under law. 13 2. Amounts deposited into the gambling treatment 14 fund pursuant to this section in excess of three- 15 tenths of one percent of the gross sum wagered by the 16 pari-mutuel method are appropriated as follows: 17 a. To the Iowa department of public health for the 18 establishment of an interpreter program within the 19 department: 20 $ 250,000 21 b. To the department of human rights for the 22 displaced homemaker program: 23 $ 60,000 24 Of the funds appropriated in this lettered 25 paragraph, $10,000 shall be utilized by the status of 26 women division of the department of human rights to 27 conduct a gender-based equity study. 28 c. To the department of human rights to be 29 utilized by the Latino affairs division: 30 $ 30,000 31 d. To the department of human rights to be 32 utilized by the status of African-Americans division: 33 $ 30,000 34 e. To the department of management for allocation 35 to the seven federally funded independent living 36 centers in Iowa in equal amounts: 37 $ 125,000 38 f. To the department of human rights for deposit 39 in the community grant fund established in section 40 232.190: 41 $ 100,000 42 g. To the department of elder affairs for 43 expansion of Alzheimer's support: 44 $ 80,000 45 h. To the commission of veterans affairs: 46 $ 25,000 47 i. To the Iowa department of public health for the 48 public health nursing program: 49 $ 175,000 50 Amounts which remain after the appropriations in Page 2 1 the above lettered paragraphs are appropriated, in 2 addition to the appropriation in paragraph "i", to the 3 Iowa department of public health for the public health 4 nursing program. If the amount deposited into the 5 gambling treatment fund pursuant to this section in 6 excess of three-tenths of one percent of the gross sum 7 wagered by the pari-mutuel method is insufficient for 8 full funding of the appropriations, the appropriations 9 shall be prorated proportionately." 10 2. By renumbering as necessary. Weigel of Chickasaw offered the following amendment H?1248, to amendment H?1239, filed by Ford of Polk from the floor and moved its adoption: H-1248 1 Amend the amendment, H-1239, to House File 737, as 2 follows: 3 1. By striking page 1, line 2, through page 2, 4 line 10, and inserting the following: 5 " . Page 18, by striking lines 22 through 29 6 and inserting the following: 7 "Sec. . GAMBLING TREATMENT FUND DEPOSITS. 8 1. a. For the fiscal year beginning July 1, 1999, 9 and ending June 30, 2000, an amount of the tax revenue 10 received by the state racing and gaming commission 11 pursuant to section 99D.15, subsections 1, 3, and 4, 12 equal to four-tenths of one percent of the gross sum 13 wagered by the pari-mutuel method shall be deposited 14 into the gambling treatment fund in addition to the 15 other revenue deposited under law. 16 b. Notwithstanding section 99E.10, subsection 1, 17 paragraph "a", for the fiscal year beginning July 1, 18 1999, and ending June 30, 2000, the amount of gross 19 lottery revenue deposited in the gambling treatment 20 fund in the office of the treasurer of state pursuant 21 to section 99E.10, subsection 1, paragraph "a", shall 22 be increased from three-tenths of one percent of gross 23 lottery revenue to four-tenths of one percent of gross 24 lottery revenue. 25 c. Notwithstanding section 99F.11, subsection 3, 26 for the fiscal year beginning July 1, 1999, and ending 27 June 30, 2000, the amount of adjusted gross receipts 28 deposited into the gambling treatment fund pursuant to 29 section 99F.11, subsection 3, shall be increased from 30 three-tenths of one percent of adjusted gross receipts 31 to four-tenths of one percent of adjusted gross 32 receipts. 33 2. Amounts deposited into the gambling treatment 34 fund pursuant to this section in excess of three- 35 tenths of one percent of the gross sum wagered by the 36 pari-mutuel method pursuant to subsection 1, paragraph 37 "a", in excess of three-tenths of one percent of gross 38 lottery revenue pursuant to subsection 1, paragraph 39 "b", and in excess of three-tenths of one percent of 40 adjusted gross receipts pursuant to subsection 1, 41 paragraph "c", are appropriated as follows: 42 a. To the Iowa department of public health for the 43 establishment of an interpreter program within the 44 department: 45 $ 250,000 46 b. To the department of human rights for the 47 displaced homemaker program: 48 $ 60,000 49 Of the funds appropriated in this lettered 50 paragraph, $10,000 shall be utilized by the status of Page 2 1 women division of the department of human rights to 2 conduct a gender-based equity study. 3 c. To the department of human rights to be 4 utilized by the Latino affairs division: 5 $ 30,000 6 d. To the department of human rights to be 7 utilized by the status of African-Americans division: 8 $ 30,000 9 e. To the department of management for allocation 10 to the seven federally funded independent living 11 centers in Iowa in equal amounts: 12 $ 125,000 13 f. To the department of human rights for deposit 14 in the community grant fund established in section 15 232.190: 16 $ 100,000 17 g. To the department of elder affairs for 18 expansion of Alzheimer's support: 19 $ 80,000 20 h. To the commission of veterans affairs: 21 $ 25,000 22 i. To the Iowa department of public health for the 23 public health nursing program: 24 $ 175,000 25 Amounts which remain after the appropriations in 26 the above lettered paragraphs are appropriated, in 27 addition to the appropriation in paragraph "i", to the 28 Iowa department of public health for the public health 29 nursing program. If the amounts deposited into the 30 gambling treatment fund and appropriated pursuant to 31 this section are insufficient for full funding of the 32 appropriations, the appropriations shall be prorated 33 proportionately."" 34 2. By renumbering as necessary. Amendment H?1248 was adopted. Ford of Polk moved the adoption of amendment H-1239, as amended. Amendment H-1239, as amended, lost. Huser of Polk offered the following amendment H?1231 filed by Huser, et al., and moved its adoption: H-1231 1 Amend House File 737 as follows: 2 1. Page 19, by inserting after line 9 the 3 following: 4 "Sec. ___. OPERATING A MOTOR VEHICLE WHILE 5 INTOXICATED COURSE REQUIREMENT STUDY. The legislative 6 council is requested to establish an interim study 7 committee to evaluate courses required for persons who 8 have committed an operating a motor vehicle while 9 intoxicated offense. The study should include a 10 review of courses offered through the community 11 colleges, either alone or in conjunction with local 12 licensed substance abuse agencies, and include 13 consideration of the practice of combining juveniles 14 and adults in the same course, authorizing, and 15 ensuring the availability of expertise to offer 16 separate courses geared toward juveniles and adults, 17 the potential mixed message sent to recovering alcohol 18 or drug abusers who should be receiving a zero 19 tolerance for use directive, enrollment procedures, 20 course fees and costs, and course evaluation." 21 2. By renumbering as necessary. Amendment H?1231 was adopted. Huser of Polk asked and received unanimous consent to withdraw amendment H-1219 filed by her on March 24, 1999. Nelson of Marshall 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. 737) The ayes were, 95: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Cohoon Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds 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: Cormack Kreiman Absent or not voting, 3: Chiodo Connors Richardson 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 737 be immediately messaged to the Senate. Regular Calendar The House resumed consideration of 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, previously deferred, with amendment H-1116 pending, found on pages 841 through 843 of the House Journal. Witt of Black Hawk offered the following amendment H?1221, to amendment H?1116, filed by him and Fallon of Polk and moved its adoption: H-1221 1 Amend the amendment, H-1116, to House File 476 as 2 follows: 3 1. Page 1, by inserting after line 1 the 4 following: 5 " ___. Page 1, line 33, by inserting after the 6 figure "403.17," the following: "or to a recreational 7 trail if the state transportation commission has 8 approved the use of eminent domain under section 9 307A.2, subsection 16, or if the natural resource 10 commission has approved the use of eminent domain 11 under section 455A.5, subsection 7,"." 12 2. Page 2, by inserting before line 36 the 13 following: 14 " ___. Page 17, by inserting after line 11 the 15 following: 16 "Sec. ___. Section 307A.2, Code 1999, is amended 17 by adding the following new subsection: 18 NEW SUBSECTION. 16. Review all applications 19 submitted by acquiring agencies requesting approval 20 for an acquiring agency to exercise eminent domain 21 authority over agricultural land for routing a 22 recreational trail and determine whether the use of 23 such authority is necessary for the routing of a 24 recreational trail. 25 Approval of an application by an acquiring agency 26 to exercise the right of eminent domain to acquire 27 agricultural land for a recreational trail may be 28 granted for a specific land area upon a finding of 29 public necessity. When making a determination of 30 public necessity, the commission shall consider all of 31 the following: 32 a. The feasibility of acquiring the agricultural 33 land by methods other than condemnation. 34 b. The public cost and public benefit of locating 35 the trail where it is most feasible to maintain or 36 enhance public safety. 37 c. The existence of willing sellers at other 38 locations in the area which locations would provide 39 the same level of public safety. 40 d. The ability to adapt the recreational trail 41 plans to avoid the use of condemnation. 42 For purposes of this subsection, "acquiring agency" 43 means the same as in section 6B.58."" 44 3. Page 3, by inserting after line 4 the 45 following: 46 " ___. Page 21, by inserting after line 15 the 47 following: 48 "Sec. ___. Section 455A.5, Code 1999, is amended 49 by adding the following new subsection: 50 NEW SUBSECTION. 7. The commission shall review Page 2 1 all applications submitted by acquiring agencies 2 requesting approval for an acquiring agency to 3 exercise eminent domain authority over agricultural 4 land for routing a recreational trail and shall 5 determine whether the use of such authority is 6 necessary for the routing of a recreational trail. 7 Approval of an application by an acquiring agency 8 to exercise the right of eminent domain to acquire 9 agricultural land for a recreational trail may be 10 granted for a specific land area upon a finding of 11 public necessity. When making a determination of 12 public necessity, the commission shall consider all of 13 the following: 14 a. The feasibility of acquiring the agricultural 15 land by methods other than condemnation. 16 b. The public cost and public benefit of locating 17 the trail where it is most feasible to maintain and 18 enhance public safety. 19 c. The existence of willing sellers at other 20 feasible locations in the area which locations would 21 provide the same level of public safety. 22 d. The ability to adapt the recreational trail 23 plans to avoid the use of condemnation. 24 For purposes of this subsection, "acquiring agency" 25 means the same as in section 6B.58."" 26 4. By renumbering as necessary. Amendment H?1221 lost. Fallon of Polk asked and received unanimous consent to withdraw amendment H-1222, to amendment H-1116, filed by him on March 24, 1999. Blodgett of Cerro Gordo asked and received unanimous consent to withdraw amendment H-1223, to amendment H-1116, filed by him on March 24, 1999. Houser of Pottawattamie offered the following amendment H?1247, to amendment H-1116, filed by him from the floor and moved its adoption: H-1247 1 Amend the amendment, H-1116, to House File 476 as 2 follows: 3 1. Page 2, by striking lines 3 through 5 and 4 inserting the following: "community." Amendment H?1247 was adopted. Houser of Pottawattamie offered the following amendment H?1211, to amendment H?1116, filed by him and moved its adoption: H-1211 1 Amend the amendment, H-1116, to House File 476 as 2 follows: 3 1. Page 2, by striking lines 16 and 17. 4 2. By renumbering as necessary. Amendment H?1211 was adopted. Houser of Pottawattamie offered the following amendment H?1228, to amendment H?1116, filed by him and moved its adoption: H-1228 1 Amend the amendment, H-1116, to House File 476 as 2 follows: 3 1. Page 2, by striking lines 25 through 33. Amendment H?1228 was adopted. Houser of Pottawattamie offered the following amendment H?1207, to amendment H?1116, filed by him and moved its adoption: H-1207 1 Amend the amendment, H-1116, to House File 476 as 2 follows: 3 1. Page 1, by inserting after line 1, the 4 following: 5 " ___. Page 1, by striking lines 5 through 8, and 6 inserting the following: 7 "a. "Agricultural land" means real property owned 8 by a person in tracts of ten acres or more and not 9 laid off into lots of less than ten acres or divided 10 by streets and alleys into parcels of less than ten 11 acres, and that is used for the production of 12 agricultural commodities. Such use of"." 13 2. By renumbering as necessary. Amendment H?1207 was adopted. Houser of Pottawattamie asked and received unanimous consent to withdraw amendment H-1208, to amendment H-1116, filed by him on March 24, 1999. On motion by Houser of Pottawattamie amendment H-1116, as amended, was adopted. Blodgett of Cerro Gordo asked and received unanimous consent to withdraw amendment H-1197 filed by him on March 24, 1999, placing amendment H-1209 filed by Huser of Polk on March 24, 1999, out of order. Fallon of Polk asked and received unanimous consent to withdraw amendment H-1187 filed by him on March 23, 1999. Fallon of Polk offered amendment H?1190 filed by him as follows: H-1190 1 Amend House File 476 as follows: 2 1. Page 17, by inserting after line 11, the 3 following: 4 "Sec. . Section 313.2A, Code 1999, is amended 5 to read as follows: 6 313.2A COMMERCIAL AND INDUSTRIAL HIGHWAYS. 7 1. PURPOSE. It is the purpose of this section to 8 enhance opportunities for the development and 9 diversification of the state's economy through the 10 identification and improvement of a network of 11 commercial and industrial highways and to provide 12 local jurisdictions with an important role in the 13 development of the network. The network shall consist 14 of interconnected routes which provide long distance 15 route continuity. The purpose of this highway network 16 shall be to improve the flow of commerce; to make 17 travel more convenient, safe, and efficient; and to 18 better connect Iowa with regional, national, and 19 international markets. Improvements to and expansions 20 to the network shall not be made unless local 21 governmental units affected by the network or by 22 proposed changes in the network are given the 23 opportunity to review, comment on, and consent to the 24 improvements or expansions. The state transportation 25 commission shall concentrate a major portion of its 26 annual construction budget on this network of 27 commercial and industrial highways. In order to 28 ensure the greatest possible availability of funds for 29 the improvement of the network, primary highway funds 30 shall not be spent beyond continuing maintenance for 31 improvements to route segmentsthatwillbebypassed32bytherelocationofportionsofaffected by the 33 commercial and industrial highway network. 34 2. NETWORK SELECTION. The commission shall 35 identify, within the primary road system, a network of 36 commercial and industrial highways. 37 a. In identifying the network, or proposed 38 improvements to or expansions of the network, the 39 commission shall conduct an impact analysis. The 40 commission shall provide persons affected by the 41 network or by proposed changes in the network with 42 opportunities to review and comment on the impact 43 analysis. The commission shall also provide for a 44 means of changing the impact analysis in response to 45 comments from persons affected by the network or by 46 proposed changes in the network. 47 b. The commission shall consider all of the 48 following factors in the identification ofthisthe 49 network: 50a.(1) The connection by the most direct routes Page 2 1 feasible of major urban areas and regions of the state 2 to each other and to the national system of interstate 3 and defense highways and priority routes in adjacent 4 states, except that the use of existing transportation 5 corridors shall be a priority whenever possible. 6b.(2) The existence of high volumes of total 7 traffic and commercial traffic. 8c.(3) Long distance traffic movements. 9d.(4) Area coverage and balance of spacing with 10 service to major growth centers within the state. 11e.(5) Metropolitan area bypasses consistent with 12 local, metropolitan, or regional area plans 13 established through cooperation by the state 14 department of transportation and local officials. 15 (6) Local preferences for routes through rural 16 areas. 17 c. The commission, with assistance from the state 18 department of transportation, shall establish 19 procedures for all of the following: 20 (1) Conducting impact analyses for new routes or 21 proposed improvements to or expansions of the network 22 pursuant to paragraph "a". 23 (2) Review of impact analyses by persons affected 24 by the network or by proposed changes in the network, 25 including an opportunity to comment on and propose 26 changes to the impact analyses. 27 (3) Review of and consent to new routes or 28 proposed changes in the network by local governmental 29 units affected by the network, including a method of 30 appealing decisions concerning the network made by the 31 commission. 32 The network of commercial and industrial highways 33 shall not exceed two thousand five hundred miles 34 including municipal extensions of these highways. 35 3. STANDARDS. The state department of 36 transportation shall establish standards pertaining to 37 the specific location, design, and access control for 38 each segment of the commercial and industrial 39 highways. The state department of transportation 40 shall incorporate into the standards a priority for 41 cooperation with local governmental units affected by 42 the network and for consideration of the local 43 governmental units' preferences regarding the network. 44 The standards shall be distributed to the local 45 governmental units affected by the network and shall 46 be available to the public. 47 4. NETWORK DEVELOPMENT. In establishing 48 priorities for improvement projects, the state 49 department of transportation shall take into 50 consideration the following additional criteria: Page 3 1urbanareabypassesthatimproveurbanorregional2accessibilityorimprovecorridortravel;projects 3 consistent with local, regional, or metropolitan 4 transportation plans established through cooperation 5 by the department and local officials; preferences of 6 local governmental units regarding proposed network 7 changes; and the willingness of local officials to 8 provide financial or other assistance for the 9 development of projects." 10 2. Title page, line 2, by inserting after the 11 word "proceedings" the following: "and to procedures 12 for establishing and making changes to the network of 13 commercial and industrial highways,". 14 3. By renumbering as necessary. Houser of Pottawattamie rose on a point of order that amendment H-1190 was not germane. The Speaker ruled the point well taken and amendment H-1190 not germane. Houser of Pottawattamie moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 476) The ayes were, 70: Alons Arnold Barry Baudler Bell Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Davis Dix Dolecheck Dotzler Drake Eddie Falck Fallon Frevert Garman Gipp Greiner Grundberg Hahn Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jager Johnson Kettering Klemme Kreiman Kuhn Larson Lord Mascher May Mertz Mundie O'Brien Parmenter Raecker Rants Rayhons Reynolds Schrader Shoultz Stevens Sukup Sunderbruch Thomas Thomson Tyrrell Van Engelenhoven Warnstadt Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 25: Blodgett Cataldo Chapman Cohoon Cormack Doderer Drees Foege Ford Hansen Jacobs Jenkins Jochum Larkin Martin Metcalf Millage Murphy Nelson Osterhaus Scherrman Siegrist Taylor Teig Van Fossen Absent or not voting, 4: Chiodo Connors Richardson Weidman Under the provision of Rule 76, conflict of interest, Myers of Johnson refrained from voting. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. INTRODUCTION OF BILL House File 746, by committee on appropriations, a bill for an act relating to and making appropriations for agriculture and natural resources and providing effective dates. 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 25, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 347, a bill for an act relating to rulemaking duties of the department of natural resources regarding baled solid waste. Also: That the Senate has on March 25, 1999, amended and passed the following bill in which the concurrence of the House is asked: House File 573, a bill for an act to change the penalties applicable to the possession, manufacture, or delivery of methamphetamine and other controlled substances, relating to the possession or control of adulterated or improperly labeled articles, providing for the reopening of certain sentences, and providing for restrictions on bail. Also: That the Senate has on March 25, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 190, a bill for an act relating to the requirements for establishing and operating a city cable communication utility. Also: That the Senate has on March 25, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 211, a bill for an act relating to eligibility of certain disabled persons under the optional services coverage category of medical assistance. Also: That the Senate has on March 25, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 221, a bill for an act relating to welfare reform provisions involving the family investment program and individual development accounts. Also: That the Senate has on March 25, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 228, a bill for an act authorizing school districts and nonpublic schools to perform certain criminal and abuse record checks. Also: That the Senate has on March 25, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 292, a bill for an act providing for the designation of investigative information possessed by the board of educational examiners as privileged and confidential. MICHAEL E. MARSHALL, Secretary HOUSE FILE 724 REREFERRED The Speaker announced that House File 724, previously referred to committee on ways and means was rereferred to committee on appropriations. EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on Wednesday, March 24, 1999. Had I been present, I would have voted "aye" on House Files 433, 686 and 743. JACOBS of Polk I was necessarily absent from the House chamber due to a funeral on Wednesday, March 25, 1999. Had I been present, I would have voted "aye" on House Files 322, 472, 686, 721 and 743. NELSON of Marshall I was necessarily absent from the House chamber on March 25, 1999. Had I been present, I would have voted "aye" on House Files 476 and 737. RICHARDSON of Warren PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: A group of 4-H students from Linn County. By Speaker Corbett. Seven alternative high school students from Northeast Iowa Community College, Calmar, accompanied by Linda Rosulek and LuAnn Ward. By Gipp of Winneshiek. Sixty-two sixth grade students from Gladbrook-Reinbeck, Gladbrook, accompanied by Terri Luehring. By Horbach of Tama. Forty-three Washington High School students from Vinton- Shellsburg School District, Vinton, accompanied by Gordy Nordgren and Sharyl Stulken. By Horbach of Tama. Five alternative students from NICC/Western Dubuque, Peosta, accompanied by Julie Norbie and Kathy Koecke. By Scherrman of Dubuque. Fifty sixth grade students from Twin Cedars Elementary School, Bussey, accompanied by Mark Law. By Schrader of Marion. Four Education Options students from New Hampton, accompanied by Dawn Shattuck Felton. By Weigel of Chickasaw. 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\509 Jerry Slykhuis, Cedar Falls - For coaching his 400th boys basketball victory. 1999\510 Marla Conley, Cherokee - For being named Iowa's 1999 Pork All- American. 1999\511 Atia Wright, North High School, Des Moines - For receiving 2nd place in the African American History Month Essay Contest. 1999\512 April Sauls, Wallace Elementary School, Des Moines - For receiving 3rd place in the African American History Month Essay Contest. 1999\513 Nichole Wright, Harding Middle School, Des Moines - For receiving 3rd place in the African American History Month Essay Contest. 1999\514 An Le, Harding Middle School, Des Moines - For receiving 2nd place in the African American History Month Essay Contest. 1999\515 Ashton Sauls, Harding Middle School, Des Moines - For receiving 1st place in the African American History Month Essay Contest. 1999\516 Lottie Stepp, Fayette - For celebrating her 95th birthday. SUBCOMMITTEE ASSIGNMENTS House File 727 Ways and Means: Houser, Chair; Jenkins and Shoultz. Senate File 282 Reassigned State Government: Brauns, Chair; Arnold and Larkin. Senate File 305 Ways and Means: Teig, Chair; Houser and Kuhn. Senate File 306 Human Resources: Boal, Chair; Burnett and Davis. Senate File 308 Ways and Means: Teig, Chair; Houser and Jochum. Senate File 324 Commerce and Regulation: Metcalf, Chair; Bradley and Chapman. Senate File 399 Ways and Means: Teig, Chair; Frevert and Houser. Senate File 406 Commerce and Regulation: Hoffman, Chair; Holmes and Weigel. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 252 Ways and Means: Drake, Chair; Holmes and Weigel. House Study Bill 253 Ways and Means: Jenkins, Chair; Drake and Kuhn. HOUSE STUDY BILL COMMITTEE ASSIGNMENTS H.S.B. 255 Ways and Means Relating to the budget certification deadline for school districts and providing an applicability date. H.S.B. 256 Ways and Means Relating to the treatment of transactions involving manufactured housing under the state sales and use taxes. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendations have been received and are on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON APPROPRIATIONS Committee Bill, relating to and making appropriations for agriculture and natural resources and providing effective dates. Fiscal Note is not required. Recommended Amend and Do Pass March 25, 1999. COMMITTEE ON STATE GOVERNMENT Senate Joint Resolution 2, a joint resolution relating to the designation of the Old State Historical Building as the Ola Babcock Miller State Office Building. Fiscal Note is not required. Recommended Do Pass March 24, 1999. Senate File 106, a bill for an act providing for accessibility requirements for elevators and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-1246 March 24, 1999. Senate File 376, a bill for an act relating to the supervision of the office of state medical examiner, making an appropriation, and providing an effective date. Fiscal Note is not required. Recommended Do Pass March 24, 1999. Pursuant to Rule 31.7, Senate File 376 was referred to the committee on appropriations. COMMITTEE ON WAYS AND MEANS Senate File 137, a bill for an act relating to funding for the arts by providing an Iowa individual income tax checkoff for the arts, making an appropriation, and providing a retroactive applicability date. Fiscal Note is required. Recommended Do Pass March 24, 1999. Committee Bill (Formerly House Study Bill 22), exempting internet and other on- line services from the state sales, services, and use taxes. Fiscal Note is required. Recommended Amend and Do Pass March 24, 1999. Committee Bill (Formerly House Study Bill 105), relating to a sales tax exemption for the inputs purchased for use in a car wash and wax facility. Fiscal Note is required. Recommended Amend and Do Pass March 24, 1999. Committee Bill (Formerly House Study Bill 250), relating to the local option sales and services taxes and including an effective date and retroactive applicability provision. Fiscal Note is required. Recommended Amend and Do Pass March 24, 1999. AMENDMENTS FILED H-1241 H.F. 661 Davis of Wapello H-1242 H.F. 698 Cataldo of Polk H-1243 H.F. 698 Larkin of Lee H-1244 H.F. 698 Jochum of Dubuque H-1245 H.F. 683 Boddicker of Cedar H-1246 S.F. 106 Committee on State Government H-1248 H.F. 737 Ford of Polk H-1249 H.F. 424 Jacobs of Polk H-1250 H.F. 704 Jacobs of Polk H-1251 H.F. 745 Reynolds of Van Buren Shoultz of Black Hawk Bell of Jasper Bukta of Clinton Burnett of Story Chapman of Linn Cohoon of Des Moines Doderer of Johnson Dotzler of Black Hawk Drees of Carroll Falck of Fayette Fallon of Polk Foege of Linn Ford of Polk Frevert of Palo Alto Holveck of Polk Huser of Polk Jochum of Dubuque Kreiman of Davis Kuhn of Floyd Larkin of Lee Mascher of Johnson May of Worth Mertz of Kossuth Mundie of Webster Murphy of Dubuque Myers of Johnson O'Brien of Boone Osterhaus of Jackson Parmenter of Story Richardson of Warren Scherrman of Dubuque Schrader of Marion Stevens of Dickinson Taylor of Linn Thomas of Clayton Warnstadt of Woodbury Whitead of Woodbury Wise of Lee Witt of Black Hawk H-1252 H.F. 745 Holveck of Polk H-1253 H.F. 745 Reynolds of Van Buren H-1254 H.F. 745 Jenkins of Black Hawk Dotzler of Black Hawk H-1255 H.F. 745 Stevens of Dickinson H-1256 H.F. 745 Dotzler of Black Hawk H-1257 S.F. 335 Metcalf of Polk H-1258 S.F. 115 Taylor of Linn H-1259 H.F. 573 Senate Amendment H-1260 H.F. 655 Houser of Pottawattamie H-1261 H.F. 704 Jacobs of Polk H-1262 H.F. 698 Jacobs of Polk H-1263 H.F. 745 Weigel of Chickasaw H-1264 H.F. 745 Murphy of Dubuque H-1265 H.F. 675 Taylor of Linn Huser of Polk Dotzler of Black Hawk H-1266 H.F. 698 Jochum of Dubuque H-1267 H.F. 700 Shoultz of Black Hawk H-1268 H.F. 720 Klemme of Plymouth On motion by Siegrist of Pottawattamie the House adjourned at 3:25 p.m., until 9:00 a.m., Friday, March 26, 1999. 890 JOURNAL OF THE HOUSE 74th Day 74th Day THURSDAY, MARCH 25, 1999 889
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