House Journal: Tuesday, March 30, 1999

Seventy-ninth Calendar Day - Fiftieth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Tuesday, March 30, 1999
The House met pursuant to adjournment at 8:45 a.m., Speaker 
Corbett in the chair.
Prayer was offered by Reverend Steve Pike, pastor of Martelle 
Christian Church, Martelle.
The Journal of Monday, March 29, 1999 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Connors of Polk on request of Schrader of Marion. 
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 29, 1999, passed the following bill in which the concurrence of the House is 
asked:
Senate File 214, a bill for an act relating to forestry and forest resource support, 
sale of trees and shrubs in the state nursery stock, and making appropriations.
Also: That the Senate has on March 29, 1999, passed the following bill in which the 
concurrence of the House is asked:
Senate File 301, a bill for an act relating to grandparent and great-grandparent 
visitation rights.
Also: That the Senate has on March 29, 1999, passed the following bill in which the 
concurrence of the House is asked:
Senate File 395, a bill for an act relating to the department of corrections by 
providing for purchases from Iowa prison industries, the study of inmate worker safety 
issues, the establishment of a criminal offense for attempts to escape, the crediting of 
time served by inmates, inmate work program agreements, the revolving farm fund, 
and deductions from inmate work program earnings, standards for the employment of 

probation and parole officers, and making penalties applicable.
Also: That the Senate has on March 29, 1999, passed the following bill in which the 
concurrence of the House is asked:
Senate File 437, a bill for an act relating to notification regarding mechanics' liens.
Also: That the Senate has on March 29, 1999, passed the following bill in which the 
concurrence of the House is asked:
Senate File 451, a bill for an act relating to the payment of the legal defense costs of 
indigent persons, expanding the duties of the state public defender, and providing for 
the appointment and removal of certain state public defender personnel.
MICHAEL E. MARSHALL, Secretary
The House stood at ease at 8:50 a.m., until the fall of the gavel.
The House resumed session at 9:18 a.m., Speaker Corbett in the 
chair.
SENATE MESSAGES CONSIDERED
Senate Joint Resolution 12, by committee on rules and 
administration, a joint resolution to nullify an administrative rule of 
the secretary of state concerning preparation of descriptions of 
constitutional amendments and statewide public measures and pro-
viding an effective date.
Read first time and referred to committee on administration and 
rules.
Senate File 264, by committee on natural resources and 
environment, a bill for an act relating to the regulatory authority of 
the natural resource commission on the Sac and Fox tribe of the 
Mississippi in Iowa settlement in Tama county.
Read first time and referred to committee on natural resources.
Senate File 457, by committee on ways and means, a bill for an 
act relating to the Iowa educational savings plan trust, and including 
an effective date and retroactive applicability provision.
Read first time and referred to committee on ways and means.
CONSIDERATION OF BILLS

Regular Calendar
House File 675, a bill for an act relating to schools and school 
districts by affecting boiler and steam vessel maintenance and 
monitoring, the regular school calendar, superintendent licensure and 
qualifications, and school breakfast programming, was taken up for 
consideration.
Taylor of Linn offered amendment H?1265 filed by Taylor, et al., 
as follows:
H-1265
 1     Amend House File 675 as follows:
 2     1.  Page 1, by striking lines 1 through 5.
 3     2.  Title page, line 2, by striking the words
 4   "boiler and steam vessel maintenance and monitoring,".
 5     3.  By renumbering as necessary.
Nelson of Marshall offered the following amendment H?1280, to 
amendment H?1265, filed by her and Grundberg of Polk and moved 
its adoption:
H-1280
 1     Amend the amendment, H-1265, to House File 675 as
 2   follows:
 3     1.  Page 1, by striking lines 2 through 5 and
 4   inserting the following:
 5     "1.  Page 1, line 3, by inserting after the word
 6   "requirements" the following:  "on a school district
 7   that are"."
A non-record roll call was requested.
The ayes were 43, nays 35.
Amendment H?1280 was adopted.
Taylor of Linn asked and received unanimous consent that amend-
ment H-1265, as amended, be deferred.
Rants of Woodbury offered the following amendment H?1161 filed 
by him and moved its adoption:
H-1161

 1     Amend House File 675 as follows:
 2     1.  Page 1, line 17, by inserting after the word
 3   "superintendent" the following:  "employed by a school
 4   district with an actual enrollment of nine thousand or
 5   more students".
 6     2.  Page 1, line 18, by inserting after the word
 7   "superintendent" the following:  "who is exempt from
 8   the licensing requirements of this chapter".
Amendment H?1161 was adopted.
Mascher of Johnson offered amendment H?1138 filed by her and 
Wise of Lee, and requested division as follows:
H-1138
 1     Amend House File 675 as follows:
H-1138A
 2     1.  Page 1, by striking lines 6 through 24.
H-1138B
 3     2.  Page 2, by striking lines 15 through 32.
 4     3.  Title page, lines 3 and 4, by striking the
 5   words "superintendent licensure and qualifications,".
 6     4.  By renumbering as necessary.
Mascher of Johnson asked and received unanimous consent to 
withdraw amendment H-1138B.
Mascher of Johnson moved the adoption of amendment H-1138A.
Klemme of Plymouth in the chair at 10:00 a.m.
Amendment H?1138A was adopted, placing amendment H-1161, 
previously adopted, out of order.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Holveck of Polk, until his return, on request of Schrader of Marion. 
	Grundberg of Polk offered amendment H?1237 filed by Grundberg, 

et al., as follows:
H-1237
 1     Amend House File 675 as follows:
 2     1.  By striking page 1, line 25 through page 2,
 3   line 14.
 4     2.  Page 2, line 30, by striking the words
 5   "superintendent principal" and inserting the
 6   following:  "superintendent".
 7     3.  Page 2, lines 31 and 32, by striking the words
 8   "principal a superintendent" and inserting the
 9   following:  "a principal".
10     4.  Page 5, by striking lines 6 through 31.
11     5.  Title page, lines 2 and 3, by striking the
12   words "the regular school calendar,".
13     6.  By renumbering as necessary.
Rayhons of Hancock asked and received unanimous consent to 
withdraw amendment H-1297, to amendment H-1237, filed by him 
and Bukta of Clinton from the floor on March 30, 1999.
The House stood at ease at 10:08 a.m., until the fall of the gavel.
The House resumed session at 10:55 a.m., Speaker Corbett in the 
chair.
Division of amendment H-1237 was requested as follows:
Lines 2 and 3, and lines 10 through 12, Division A.
Lines 4 through 9, Division B.
Grundberg of Polk moved the adoption of amendment H-1237A.
Amendment H?1237A lost.
Grundberg of Polk offered the following amendment H?1135 filed 
by her and moved its adoption:
H-1135
 1     Amend House File 675 as follows:
 2     1.  Page 2, by inserting after line 14 the
 3   following:
 4     "Sec. ___.  Section 279.44, Code 1999, is amended
 5   to read as follows:

 6     279.44  ENERGY AUDITS.
 7     1.  Between July 1, 1986 and June 30, 1991, and on
 8   a staggered annual basis each five years thereafter,
 9   the board of directors of each school district shall
10   file with the department of natural resources, on
11   forms prescribed by the department of natural
12   resources, the results of an energy audit of the
13   buildings owned and leased by the school district.
14   The energy audit shall be conducted under rules
15   adopted by the department of natural resources
16   pursuant to chapter 17A.  The department of natural
17   resources may waive the requirement for the initial
18   and subsequent energy audits for school districts that
19   submit evidence that energy audits were conducted
20   prior to January 1, 1987 and energy consumption for
21   the district is at an adjusted statewide average or
22   below.
23     This section takes effect only if funds 
have been
24   made available to a school district or 
community
25   college to pay the costs of the energy 
audit.
26     2.  The provisions of subsection 1 and section
27   473.13A shall not apply to school districts or
28   community colleges unless the costs of conducting the
29   energy audits are fully funded by the state."
30     2.  By renumbering as necessary.
Amendment H?1135 was adopted.
Grundberg of Polk moved the adoption of amendment H-1237B.
Amendment H-1237B was adopted.
Nelson of Marshall offered the following amendment H?1158 filed 
by her and moved its adoption:
H-1158
 1     Amend House File 675 as follows:
 2     1.  Page 3, line 12, by inserting after the word
 3   "school" the following:  "four or more hours each
 4   school day".
 5     2.  Page 3, line 13, by inserting after the word
 6   "program." the following:  "School districts may
 7   provide school breakfast and lunch programs for other
 8   students."
Amendment H?1158 was adopted.
	Warnstadt of Woodbury offered amendment H?1107 filed by him 

as follows:
H-1107
 1     Amend House File 675 as follows:
 2     1.  Page 3, by striking line 18 and inserting the
 3   following:  "center within the school district, shall
 4   notify the parent, guardian, or legal or actual
 5   custodian of a child enrolled in the district of the
 6   school district's intention to develop and implement a
 7   plan to provide school breakfast programs only in
 8   certain attendance centers, and of the time and place
 9   of a public hearing to be held on the proposed plan.
10   The school district shall conduct a public hearing
11   during which the school district's proposed plan shall
12   be described, and at which the parent, guardian, or
13   legal or actual custodian of an affected student shall
14   have an opportunity to comment on the proposed plan.
15   If the department approves a plan submitted by a
16   school district in accordance with paragraph "c", and
17   the school district proposes to make substantive
18   changes to the plan in a succeeding school year, the
19   board of directors of the school district shall meet
20   the notification and public hearing requirements of
21   this paragraph in the succeeding school year.
22     c.  The board of directors of a school district
23   that wishes to provide access to a school breakfast
24   program in accordance with paragraph "b", shall
25   annually submit to".
26     2.  Page 4, line 33, by inserting after the word
27   "section." the following:  "The school district shall
28   comply with the notification and public hearing
29   requirements of subsection 2, paragraph "b", prior to
30   submitting a plan to the department."
Warnstadt of Woodbury offered the following amendment H?1279, 
to amendment H?1107, filed by him and moved its adoption:
H-1279
 1     Amend the amendment, H-1107, to House File 675, as
 2   follows:
 3     1.  Page 1, by striking lines 8 through 14 and
 4   inserting the following:  "certain attendance
 5   centers."
 6     2.  Page 1, line 20, by striking the words "and
 7   public hearing".
 8     3.  Page 1, by striking line 21 and inserting the
 9   following:  "this paragraph."
10     4.  Page 1, line 28, by striking the words "and

11   public hearing".
Amendment H?1279 was adopted.
Warnstadt of Woodbury moved the adoption of amendment 
H-1107, as amended.
Amendment H?1107, as amended, was adopted.
Taylor of Linn moved the adoption of amendment H-1265, 
previously deferred, as amended.
Amendment H-1265, as amended, was adopted, placing 
amendment H-1296 filed by Rayhons of Hancock and Bukta of 
Clinton from the floor, out of order.
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. 675)
	The ayes were, 91:
Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Burnett	Carroll	Cataldo
Chapman	Chiodo	Cohoon	Cormack
Davis	Dix	Doderer	Dolecheck
Drake	Drees	Eddie	Falck
Fallon	Foege	Frevert	Garman
Gipp	Greiner	Grundberg	Hahn
Hansen	Heaton	Hoffman	Holmes
Horbach	Houser	Huseman	Huser
Jacobs	Jager	Jenkins	Jochum
Johnson	Kettering	Klemme	Kreiman
Kuhn	Larkin	Larson	Lord
Martin	Mascher	May	Mertz
Metcalf	Millage	Mundie	Myers
Nelson	O'Brien	Osterhaus	Parmenter
Raecker	Rants	Rayhons	Reynolds
Scherrman	Shoultz	Siegrist	Stevens
Sukup	Sunderbruch	Teig	Thomas
Thomson	Tyrrell	Van Engelenhoven	Van Fossen^
Warnstadt	Weidman	Weigel	Welter
Wise	Witt	Mr. Speaker
			  Corbett
	The nays were, 7:
Dotzler	Ford	Murphy	Richardson
Schrader	Taylor	Whitead
	Absent or not voting, 2:
Connors	Holveck
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 675 be immediately messaged to the Senate.
House File 655, a bill for an act relating to mental health, mental 
retardation, and other developmental disabilities and providing an 
effective date, was taken up for consideration.
Houser of Pottawattamie offered the following amendment H?1260 
filed by him and moved its adoption:
H-1260
 1     Amend House File 655 as follows:
 2     1.  Page 2, by inserting after line 23 the
 3   following:
 4     "Sec.     .  Section 331.438, subsection 4,
 5   paragraph b, subparagraph (4), Code 1999, is amended
 6   to read as follows:
 7     (4)  A member who is not a legislator shall have
 8   expenses and other costs paid by the state or the
 9   county entity that the member represents.  The
10   committee shall establish terms for its members, elect
11   officers, adopt operating procedures, and meet as
12   deemed necessary by the committee. Terms of office
13   for the appointed voting members of the committee are
14   three years and shall be staggered.  A vacancy on the
15   committee shall be filled in the same manner as the
16   original appointment."
17     2.  Page 2, line 33, by inserting after the word
18   "process." the following:  "In considering the allowed
19   growth recommendation process, the task force shall

20   review the divergence between unmet needs in the
21   service delivery system and county expenditure trends
22   and shall make specific recommendations as to how
23   allowed growth funding can best be distributed to
24   address services that are not adequately funded and
25   population groups that are not served or are
26   underserved."
27     3.  Page 3, by striking lines 11 through 14 and
28   inserting the following:  "beginning on July 1, 1999.
29   The terms of the two members appointed by the
30   community services affiliate of the Iowa state
31   association of counties shall commence July 1, 1999.
32   This section takes effect June 30, 1999."
33     4.  By renumbering as necessary.
Amendment H?1260 was adopted.
Grundberg of Polk offered amendment H?1232 filed by her as 
follows:
H-1232
 1     Amend House File 655 as follows:
 2     1.  Page 6, by inserting after line 25 the
 3   following:
 4                                 "DIVISION ___
 5       THIRD-PARTY PAYMENT - MENTAL HEALTH TREATMENT
 6     Sec. ___. NEW SECTION.  514C.14  COMPARABLE
 7   COVERAGE FOR MENTAL HEALTH TREATMENT.
 8     1.  Notwithstanding section 514C.6, a policy or
 9   contract providing for third-party payment or
10   prepayment of health or medical expenses shall provide
11   coverage benefits for services for clinical disorders
12   related to mental health which shall be on terms and
13   conditions which are comparable to the terms and
14   conditions for coverage benefits provided for other
15   health or medical disorders under the policy or
16   contract.
17     2.  For purposes of this section, clinical
18   disorders related to mental health for which coverage
19   benefits are to be provided under this section are
20   biological brain diseases including schizophrenia,
21   schizoaffective disorder, major depressive disorder,
22   bipolar disorder, paranoia and other psychotic
23   disorders, obsessive-compulsive disorder, panic
24   disorder, and pervasive developmental disorder or
25   autism.
26     3.  This section applies to the following classes
27   of third-party payment provider contracts or policies
28   delivered, issued for delivery, continued, or renewed
29   in this state on or after July 1, 1999:

30     a.  Individual or group accident and sickness
31   insurance providing coverage on an expense-incurred
32   basis.
33     b.  An individual or group hospital or medical
34   service contract issued pursuant to chapter 509, 514,
35   or 514A.
36     c.  An individual or group health maintenance
37   organization contract regulated under chapter 514B.
38     d.  An individual or group Medicare supplemental
39   policy, unless coverage pursuant to such policy is
40   preempted by federal law.
41     e.  Any other entity engaged in the business of
42   insurance, risk transfer, or risk retention, which is
43   subject to the jurisdiction of the commissioner.
44     f.  An organized delivery system licensed by the
45   director of public health."
46     2.  By renumbering as necessary.
Hahn of Muscatine rose on a point of order that amendment 
H-1232 was not germane.
The Speaker ruled the point well taken and amendment H-1232 
not germane.
Grundberg of Polk asked for unanimous consent to suspend the 
rules to consider amendment H-1232.
Objection was raised.
Grundberg of Polk moved to suspend the rules to consider 
amendment H-1232.
A non-record roll call was requested.
Rule 75 was invoked.
The ayes were 52, nays 45.
The motion to suspend the rules prevailed.
Siegrist of Pottawattamie asked and received unanimous consent 
that House File 655 be deferred and that the bill be placed on the 
unfinished business calendar. (Amendment H-1232 pending)
	House File 700, a bill for an act relating to the liability for unpaid 

rates or charges of a city utility or enterprise service for water, 
sewage, and solid waste services, was taken up for consideration.
Shoultz of Black Hawk offered amendment H?1201 filed by him as 
follows:
H-1201
 1     Amend House File 700 as follows:
 2     1.  Page 1, line 33, by inserting after the word
 3   "after" the following:  "associated with such water
 4   service".
Metcalf of Polk offered the following amendment H?1304, to 
amendment H?1201, filed by her from the floor and moved its 
adoption:
H-1304
 1     Amend the amendment, H-1201, to House File 700, as
 2   follows:
 3     1.  Page 1, by inserting after line 4, the
 4   following:
 5     "     .  Page 2, by striking lines 6 through 10 and
 6   inserting the following:  "deposit.  A written notice
 7   shall contain the name of the tenant responsible for
 8   charges, address of the residential rental property
 9   that the tenant is to occupy, and the date that the
10   occupancy begins.  A change in tenant shall require a
11   new written notice and deposit to be given to the city
12   utility or enterprise within ten business days of the
13   change in tenant.  When the tenant moves from".
14        .  Page 2, line 14, by inserting after the word
15   "property." the following:  "A change in the ownership
16   of the residential rental property shall require
17   written notice of such change to be given to the city
18   utility or enterprise within ten business days of the
19   completion of the change of ownership.""
20     2.  By renumbering as necessary.
Amendment H?1304 was adopted.
Shoultz of Black Hawk moved the adoption of amendment H-1201, 
as amended.
Amendment H?1201, as amended, was adopted.
	Kreiman of Davis asked and received unanimous consent that 

amendment H-1152 be deferred.
Shoultz of Black Hawk asked and received unanimous consent to 
withdraw amendment H-1267 filed by him on March 25, 1999.
Kreiman of Davis offered the following amendment H?1152 filed 
by him and Sukup of Franklin and moved its adoption:
H-1152
 1     Amend House File 700 as follows:
 2     1.  Page 2, by striking lines 2 and 3 and
 3   inserting the following:  "A city utility or
 4   enterprise may require a deposit not exceeding the
 5   usual cost of ninety days of water service is to".
Amendment H?1152 was adopted.
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. 700)
	The ayes were, 92:
Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Burnett	Carroll	Chiodo
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
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
Raecker	Rants	Rayhons	Reynolds
Scherrman	Shoultz	Siegrist	Stevens
Sukup	Sunderbruch	Taylor	Teig
Thomas	Thomson	Tyrrell	Van Engelenhoven^
Van Fossen	Warnstadt	Weidman	Welter
Whitead	Wise	Witt	Mr. Speaker
				  Corbett
	The nays were, 6:
Chapman	Garman	Parmenter	Richardson
Schrader	Weigel	
	Absent or not voting, 2:
Cataldo	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 700 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 30, 1999, passed the following bill in which the concurrence of the House is 
asked:
Senate File 284, a bill for an act providing for the liability of a person with 
supervisory or other administrative responsibilities over an individual who the person 
knew or was informed committed sexual abuse of a child.
Also: That the Senate has on March 30, 1999, passed the following bill in which the 
concurrence of the House is asked:
Senate File 405, a bill for an act limiting the liability of financial institutions for 
certain actions arising out of the failure of information technology as the result of a 
year 2000 problem.
Also: That the Senate has on March 30, 1999, passed the following bill in which the 
concurrence of the House is asked:
Senate File 408, a bill for an act relating to drug and alcohol testing of private 
sector employees and prospective employees pursuant to an employer's drug and 
alcohol testing program.
Also: That the Senate has on March 30, 1999, passed the following bill in which the 
concurrence of the House is asked:
Senate File 413, a bill for an act providing for access to a safe deposit box on the 

death of the owner or lessee of such box, and exempting state banks from liability 
associated with such access.
Also: That the Senate has on March 30, 1999, passed the following bill in which the 
concurrence of the House is asked:
Senate File 419, a bill for an act applying certain veterinary practice requirements 
to persons providing veterinary medical services, owning a veterinary clinic, or 
practicing veterinary medicine.
Also: That the Senate has on March 30, 1999, passed the following bill in which the 
concurrence of the House is asked:
Senate File 448, a bill for an act relating to the purchase of certain parcels with 
delinquent taxes by a city or county, and providing effective and applicability dates.
MICHAEL E. MARSHALL, Secretary
House File 424, 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, with report of committee recommending passage, was 
taken up for consideration.
Jacobs of Polk offered the following amendment H?1249 filed by 
her and moved its adoption:
H-1249
 1     Amend House File 424 as follows:
 2     1.  By striking page 1, line 26, through page 2,
 3   line 4, and inserting the following:
 4     "(3)  A corporation pursuant to paragraph "b".
 5     b.  A broker may pay a commission to a corporation
 6   which is wholly owned, or owned with a spouse, by a
 7   salesperson or broker associate employed by or
 8   otherwise associated with the broker, if all of the
 9   following conditions are met:
10     (1)  The corporation does not engage in real estate
11   transactions as a third-party agent or in any other
12   activity requiring a license under this chapter.
13     (2)  The employing broker is not relieved of any
14   obligation to supervise the employed licensee or any
15   other requirement of this chapter or the rules adopted
16   pursuant to this chapter.
17     (3)  The employed broker associate or salesperson
18   is not relieved from any personal civil liability for
19   any licensed activities by interposing the corporate
20   form."

21     2.  Page 2, line 7, by striking the words "person
22   or".
23     3.  Page 2, by inserting after line 14 the
24   following:
25     "3.  A licensee shall not request a referral fee
26   after a bona fide offer to purchase is accepted.
27     4.  A licensee shall not request a referral fee
28   after a bona fide listing agreement has been signed."
29     4.  Page 2, by striking lines 20 through 22.
30     5.  By renumbering as necessary.
Amendment H?1249 was adopted.
SENATE FILE 404 SUBSTITUTED FOR HOUSE FILE 424
Jacobs of Polk asked and received unanimous consent to substitute 
Senate File 404 for House File 424.
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, was taken up for consideration.
Jacobs of Polk moved that the bill be read a last time now and 
placed upon its passage which motion prevailed and the bill was read 
a last time.
On the question "Shall the bill pass?" (S.F. 404)
	The ayes were, 98:
Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Burnett	Carroll	Chapman
Chiodo	Cohoon	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	Mr. Speaker
		  Corbett
	The nays were, none.
	Absent or not voting, 2:
Cataldo	Connors
The bill having received a constitutional majority was declared to 
have passed the House and the title was agreed to.
HOUSE FILE 424 WITHDRAWN 
Jacobs of Polk asked and received unanimous consent to withdraw 
House File 424 from further consideration by the House.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent 
that Senate File 404 be immediately messaged to the Senate.
House File 661, a bill for an act relating to the offense of sexual 
abuse in the third degree, providing related definitions, and applying 
penalties, was taken up for consideration.
Davis of Wapello offered the following amendment H?1241 filed by 
him and moved its adoption:
H-1241
 1     Amend House File 661 as follows:
 2     1.  Page 1, by inserting before line 1 the
 3   following:
 4     "Section 1.  Section 709.1, Code 1999, is amended
 5   to read as follows:
 6     709.1  SEXUAL ABUSE DEFINED.
 7     Any sex act between persons is sexual abuse by
 8   either of the participants persons when the act is
 9   performed with the other participant person in any of

10   the following circumstances:
11     1.  The act is done by force or against the will of
12   the other.  If the consent or acquiescence of the
13   other is procured by threats of violence toward any
14   person or if the act is done while the other is under
15   the influence of a drug inducing sleep or is otherwise
16   in a state of unconsciousness, the act is done against
17   the will of the other.
18     2.  Such other participant person is suffering from
19   a mental defect or incapacity which precludes giving
20   consent, or lacks the mental capacity to know the
21   right and wrong of conduct in sexual matters.
22     3.  Such other participant person is a child."
23     2.  Page 1, by striking lines 14 through 35 and
24   inserting the following:
25     "Sec.     .  Section 709.3, Code 1999, is amended to
26   read as follows:
27     709.3  SEXUAL ABUSE IN THE SECOND DEGREE.
28     A person commits sexual abuse in the second degree
29   when the person commits sexual abuse under any of the
30   following circumstances:
31     1.  During the commission of sexual abuse the
32   person displays in a threatening manner a dangerous
33   weapon, or uses or threatens to use force creating a
34   substantial risk of death or serious injury to any
35   person.
36     2.  The other participant person is under the age
37   of twelve.
38     3.  The person is aided or abetted by one or more
39   persons and the sex act is committed by force or
40   against the will of the other participant person
41   against whom the sex act is committed.
42     Sexual abuse in the second degree is a class "B"
43   felony.
44     Sec.     .  Section 709.4, Code 1999, is amended to
45   read as follows:
46     709.4  SEXUAL ABUSE IN THE THIRD DEGREE.
47     A person commits sexual abuse in the third degree
48   when the person performs a sex act under any of the
49   following circumstances:
50     1.  The act is done by force or against the will of
Page 2  
 1   the other participant person, whether or not the other
 2   participant person is the person's spouse or is
 3   cohabiting with the person.
 4     2.  The act is between persons who are not at the
 5   time cohabiting as husband and wife and if any of the
 6   following are true:
 7     a.  The other participant person is suffering from
 8   a mental defect or incapacity which precludes giving

 9   consent.
10     b.  The other participant person is twelve or
11   thirteen years of age.
12     c.  The other participant person is fourteen or
13   fifteen years of age and any of the following are
14   true:
15     (1)  The person is a member of the same household
16   as the other participant person.
17     (2)  The person is related to the other participant
18   person by blood or affinity to the fourth degree.
19     (3)  The person is in a position of authority over
20   the other participant person and uses that authority
21   to coerce the other participant person to submit.
22     (4)  The person is five or more years older than
23   the other participant person.
24     3.  The act is performed while the other
25   participant person is under the influence of a
26   controlled substance, which may include but is not
27   limited to flunitrazepam, and all of the following are
28   true:
29     a.  The controlled substance, which may 
include but
30   is not limited to flunitrazepam, has been 
consumed by
31   or administered to the other participant 
without the
32   other participant's knowledge.
33     b. a.  The controlled substance, which may include
34   but is not limited to flunitrazepam, prevents the
35   other participant person from consenting to the act.
36     c. b.  The person performing the act knows or
37   reasonably should have known that the other
38   participant person was under the influence of the
39   controlled substance, which may include but is not
40   limited to flunitrazepam.
41     4.  The act is performed while the other person is
42   mentally incapacitated, physically incapacitated, or
43   physically helpless.
44     Sexual abuse in the third degree is a class "C"
45   felony.
46     Sec.     .  Section 709.5, Code 1999, is amended to
47   read as follows:
48     709.5  RESISTANCE TO SEXUAL ABUSE.
49     Under the provisions of this chapter it shall not
50   be necessary to establish physical resistance by a
Page 3
 1   participant person in order to establish that an act
 2   of sexual abuse was committed by force or against the
 3   will of the participant person.  However, the
 4   circumstances surrounding the commission of the act
 5   may be considered in determining whether or not the
 6   act was done by force or against the will of the
 7   other."

 8     3.  Title page, lines 1 and 2, by striking the
 9   words "in the third degree".
10     4.  By renumbering as necessary.
Amendment H?1241 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. 661)
	The ayes were, 96:
Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Boggess	Bradley	Brauns	Brunkhorst
Bukta	Burnett	Carroll	Chapman
Chiodo	Cohoon	Cormack	Davis
Dix	Doderer	Dolecheck	Dotzler
Drake	Drees	Eddie	Falck
Fallon	Foege	Ford	Frevert
Garman	Gipp	Greiner	Grundberg
Hansen	Heaton	Hoffman	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	Mr. Speaker
				  Corbett
	The nays were, none.
	Absent or not voting, 4:
Cataldo	Connors	Hahn	Holmes
The bill having received a constitutional majority was declared to 
have passed the House and the title, as amended, was agreed to.
INTRODUCTION OF BILLS

House File 755, by committee on ways and means, a bill for an 
act relating to the time limit when property omitted from assessment 
may be assessed and when a taxpayer may receive a refund for 
erroneous property taxes paid and including an effective date 
provision.
Read first time and placed on the ways and means calendar.
House File 756, by committee on appropriations, a bill for an act 
relating to the creation of a recruiting our own targeted students loan 
repayment program and fund under the control of the college student 
aid commission, and providing an effective date.
Read first time and placed on the appropriations calendar.
House File 757, by committee on ways and means, a bill for an 
act relating to the payment and allocation of the real estate transfer 
tax.
Read first time and placed on the ways and means calendar.
SENATE MESSAGES CONSIDERED
Senate File 214, by committee on natural resources and 
environment, a bill for an act relating to forestry and forest resource 
support, sale of trees and shrubs in the state nursery stock, and 
making appropriations.
Read first time and referred to committee on natural resources.
Senate File 284, by committee on human resources, a bill for an 
act providing for the liability of a person with supervisory or other 
administrative responsibilities over an individual who the person 
knew or was informed committed sexual abuse of a child.
Read first time and referred to committee on human resources.
Senate File 301, by committee on human resources, a bill for an 
act relating to grandparent and great-grandparent visitation rights.
	Read first time and referred to committee on human resources.

Senate File 395, by committee on judiciary, a bill for an act 
relating to the department of corrections by providing for purchases 
from Iowa prison industries, the study of inmate worker safety issues, 
the establishment of a criminal offense for attempts to escape, the 
crediting of time served by inmates, inmate work program 
agreements, the revolving farm fund, and deductions from inmate 
work program earnings, standards for the employment of probation 
and parole officers, and making penalties applicable.
Read first time and referred to committee on judiciary.
Senate File 405, by committee on commerce, a bill for an act 
limiting the liability of certain persons for certain actions arising out 
of the failure of information technology as the result of a year 2000 
problem.
Read first time and referred to committee on commerce and 
regulation.
Senate File 408, by committee on business and labor relations, a 
bill for an act relating to drug and alcohol testing of private sector 
employees and prospective employees pursuant to an employer's drug 
and alcohol testing program.
Read first time and referred to committee on labor and 
industrial relations.
Senate File 419, by committee on state government, a bill for an 
act applying certain veterinary practice requirements to persons 
providing veterinary medical services, owning a veterinary clinic, or 
practicing veterinary medicine.
Read first time and referred to committee on state government.
Senate File 437, by committee on judiciary, a bill for an act re-
lating to notification regarding mechanics' liens.
Read first time and referred to committee on judiciary.
	Senate File 448, by committee on local government, a bill for an 

act relating to the purchase of certain parcels with delinquent taxes 
by a city or county, and providing effective and applicability dates.
Read first time and passed on file.
Senate File 451, by committee on judiciary, a bill for an act 
relating to the payment of the legal defense costs of indigent persons, 
expanding the duties of the state public defender, and providing for 
the appointment and removal of certain state public defender 
personnel.
Read first time and referred to committee on judiciary.
IMMEDIATE MESSAGE
Gipp of Winneshiek asked and received unanimous consent that 
House File 661 be immediately messaged to the Senate.
On motion by Gipp of Winneshiek, the House was recessed at 
12:34 p.m., until 4:00 p.m.
AFTERNOON SESSION
The House reconvened at 4:00 p.m., Carroll of Poweshiek in the 
chair.
INTRODUCTION OF BILLS
House File 758, by committee on ways and means, a bill for an 
act relating to the authority of counties and cities to require storm 
shelters in mobile home parks, providing a property tax exemption, 
and providing an applicability date.
Read first time and placed on the ways and means calendar.
House File 759, by committee on appropriations, a bill for an act 
relating to teacher shortage areas and the board of educational 
examiners, establishing a teacher shortage forgivable loan and fund, 
providing for teacher recruitment and preparation, alternative 
licensure of content area specialists, and a task force to study the use 
of retired professionals as mentors and teacher aides, making an 

appropriation, and providing an effective date.
Read first time and placed on the appropriations calendar.
SENATE MESSAGE CONSIDERED
Senate File 413, by committee on commerce, a bill for an act 
providing for access to a safe deposit box on the death of the owner or 
lessee of such box, and exempting state banks and credit unions from 
liability associated with such access.
Read first time and referred to committee on commerce and 
regulation.
SPECIAL PRESENTATION
Stevens of Dickinson presented to the House the Iowa Mother of 
the Year, Ruby Hermeier, representing American Mothers Inc. She 
was accompanied by her husband, Pastor Gene Hermeier and 
Merium Jensen the 1978 Young Mother of the Year.
SENATE FILE 393 REFERRED
The Speaker announced that Senate File 393, previously passed 
on file was referred to committee on local government.
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on March 22 
through March 25, 1999.  Had I been present, I would have voted 
"aye" on House Joint Resolution 13, House Files 234, 322, 343, 375, 
448, 472, 474, 476, 501, 521, 532, 590, 620, 624, 647, 649, 672, 676, 
686, 687, 688, 689, 696, 705, 706, 707, 708, 710, 714, 721, 732, 737, 
743, Senate Files 203, 283, 361 and "nay" on House File 433.
CHIODO of Polk
BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
	Mr. Speaker: The Chief Clerk of the House respectfully reports that the following 

bills have been examined and found correctly enrolled, signed by the Speaker of the 
House and the President of the Senate, and presented to the Governor for his approval 
on this 30th day of March, 1999: House Files 164, 182 and 222.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present in 
the House chamber:
Thirty-three students from Camanche Middle School,  Camanche, 
accompanied by Willard Larsen.  By Bradley of Clinton.
Twenty seventh grade students from Sully Christian School, Sully, 
accompanied by Scott Roose.  By Carroll of Poweshiek.
Fifteen students from Sully Christian School, Sully, accompanied 
by Scott Roose, Merl Van Zante, Candy Van Zante, Georgia Slings, 
and Sue Engbers.  By Carroll of Poweshiek.
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\527	Florence Molesworth, Ottumwa - For celebrating her 96th birthday.
1999\528	Dorothy and Don Grimm, Waterloo - For celebrating their 50th 
wedding anniversary.
1999\529	Helen Jirak, New Hampton - For celebrating her 90th birthday.
1999\530	Floyd Fanning, Nemaha - For celebrating his 90th birthday.
1999\531	Bessie Mae Mills, Waterloo - For celebrating her 84th birthday.
1999\532	Hazel Fleming, Waterloo - For celebrating her 85th birthday.
1999\533	Lyle and Sally Garnett, Carlisle - For celebrating their 54th wedding 

anniversary.
1999\534	Don and Rubene Fromknecht, Galva - For celebrating their 63rd 
wedding anniversary.
1999\535	Rubene Fromknecht, Galva - For celebrating her 85th birthday.
1999\536	Helen Stiffler, Norwalk - For celebrating her 80th birthday.
1999\537	Opal Siefke, Pierson - For celebrating her 80th birthday.
1999\538	Fae and Dana Niceswanger, Sac City - For celebrating their 64th 
wedding anniversary.
1999\539	Meghan Minner, Boone - For winning first-place in the 8-9th grade 
judging category in the statewide Write Women Back Into History 
Essay Contest.
1999\540	Caroline Dvorsky, Iowa City - For receiving the Youth Art Month 
Award for April, 1999.
1999\541	Zenita Ash, West Union - For celebrating her 80th birthday.
1999\542	Joel Bartz, Monona - For being named to the Iowa All-Academic 
Basketball First Team.
1999\543	Erin Kuehl, Elkader - For receiving the Star Chapter Farmer Award.
1999\544	Ethel Hensing, Vinton - For celebrating her 93rd birthday.
1999\545	Rose Rutherford, Manilla - For celebrating her 87th birthday.
1999\546	Grace Durnan, Clermont - For celebrating her 80th birthday.
SUBCOMMITTEE ASSIGNMENTS
Senate File 190
Commerce and Regulation:  Jenkins, Chair; Metcalf and Wise.
Senate File 193
Judiciary:  Boddicker, Chair; Kreiman and Raecker.
Senate File 214
Natural Resources:  Weidman, Chair; Kettering and Richardson.
Senate File 228
Education:  Grundberg, Chair; Mascher and Nelson.
Senate File 264

Natural Resources:  Dotzler, Chair; Huseman and O'Brien.
Senate File 292
Education:  Dolecheck, Chair; Foege and Sunderbruch.
Senate File 392
Commerce and Regulation:  Jenkins, Chair; Metcalf and Wise.
Senate File 395
Judiciary:  Kettering, Chair; Larson and Shoultz.
Senate File 419
State Government:  Holmes, Chair; Houser and Taylor.
Senate File 437
Judiciary:  Sukup, Chair; Kreiman and Larson.
Senate File 451
Judiciary:  Larson, Chair; Chapman and Millage.
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 appropriations for the Department of Human Services 
and including other provisions and appropriations involving human services and 
health care, and providing effective dates.
Fiscal Note is not required.
Recommended Amend and Do Pass March 29, 1999.
Committee Bill (Formerly House File 463), relating to the creation of a recruiting 
our own targeted students loan repayment program and fund under the control of the 
college student aid commission, and providing an effective date.
	Fiscal Note is not required.

Recommended Do Pass March 29, 1999.
Committee Bill (Formerly House File 610), 	relating to child care provisions 
administered by the department of human services and to the terminology used to 
describe child care, making an appropriation of civil penalties, and including an 
effective date and applicability provisions.
Fiscal Note is not required.
Recommended Amend and Do Pass March 29, 1999.
Committee Bill (Formerly House File 625), relating to teacher shortage areas and 
the board of educational examiners, establishing a teacher shortage forgivable loan and 
fund, providing for teacher recruitment and preparation, and a task force to study the 
use of retired professionals as mentors and teacher aides, making an appropriation, 
and providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass March 29, 1999.
COMMITTEE ON COMMERCE AND REGULATION
Senate File 8, a bill for an act relating to coverage under a policy or contract 
providing for third-party payment or prepayment of health or medical expenses by 
providing coverage for costs associated with equipment, supplies, and education for the 
treatment of diabetes. 
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1305 March 25, 1999.
COMMITTEE ON HUMAN RESOURCES
Senate File 211, a bill for an act relating to eligibility of certain persons with 
disabilities under the optional services coverage category of medical assistance.
Fiscal Note is not required.
Recommended Do Pass March 30, 1999.
Senate File 287, a bill for an act relating to child welfare provisions involving 
foster home damages, voluntary foster care placements of children with mental 
retardation or other developmental disability, release of child abuse information, and 
annual group foster care and decategorization plans, and providing a contingent 
effective date.
Fiscal Note is not required.
Recommended Do Pass March 30, 1999.
	Senate File 306, a bill for an act providing for recognition of high quality child day 

care providers.
Fiscal Note is not required.
Recommended Do Pass March 30, 1999.
COMMITTEE ON JUDICIARY
Senate File 294, a bill for an act relating to lifetime registration for certain sex 
offenders, the performance of sex offender risk assessments, and the procedures for 
dissemination of registry information to agencies and the public.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H-1308 March 25, 1999.
Senate File 309, a bill for an act relating to the interception of communications 
and providing penalties.
Fiscal Note is not required.
Recommended Do Pass March 25, 1999.
COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
Senate File 146, a bill for an act relating to worker and public safety and 
protection laws administered by the labor services division of Iowa workforce 
development.
Fiscal Note is not required.
Recommended Do Pass March 30, 1999.
COMMITTEE ON NATURAL RESOURCES
Senate File 264, a bill for an act relating to the regulatory authority of the natural 
resource commission on the Sac and Fox tribe of the Mississippi in Iowa settlement in 
Tama county.
Fiscal Note is not required.
Recommended Do Pass March 30, 1999.
Senate File 313, a bill for an act prohibiting the sale or distribution of purple 
loosestrife.
Fiscal Note is not required.
Recommended Do Pass March 30, 1999.
COMMITTEE ON WAYS AND MEANS

Committee Bill (Formerly House File 534), relating to the authority of counties 
and cities to require storm shelters in mobile home parks, providing a property tax 
exemption, and providing a retroactive applicability date.
Fiscal Note is not required.
Recommended Amend and Do Pass March 29, 1999.
Committee Bill (Formerly House File 535), relating to the time limit when 
property omitted from assessment may be assessed and when a taxpayer may receive a 
refund for erroneous property taxes paid and including an effective date provision.
Fiscal Note is not required.
Recommended Do Pass March 29, 1999.
Committee Bill (Formerly House File 572), 	relating to the payment and allocation 
of the real estate transfer tax.
Fiscal Note is not required.
Recommended Do Pass March 29, 1999.
AMENDMENTS FILED
H-1293	H.F.	655	Houser of Pottawattamie
H-1294	H.F.	723	Davis of Wapello
H-1295	H.F.	723	Warnstadt of Woodbury
H-1298	H.F.	703	Kuhn of Floyd
H-1299	H.F.	682	Barry of Harrison
H-1300	H.F.	745	Murphy of Dubuque
			Jochum of Dubuque
H-1301	H.F.	697	Foege of Linn
H-1302	S.F.	137	Foege of Linn
H-1303	H.F.	719	Boddicker of Cedar
H-1305	S.F.	8	Committee on Commerce and
				Regulation
H-1306	H.F.	734	Heaton of Henry
			Blodgett of Cerro Gordo
H-1307	H.F.	723	Doderer of Johnson
Mascher of Johnson		Kreiman of Davis
Burnett of Story		Garman of Story
Jochum of Dubuque
H-1308	S.F.	294	Committee on Judiciary
H-1309	H.F.	719	Kreiman of Davis

H-1310	H.F.	719	Kreiman of Davis
H-1311	H.F.	719	Kreiman of Davis
H-1312	H.F.	741	Dolecheck of Ringgold
			Chapman of Linn
H-1313	H.F.	746	Jochum of Dubuque
H-1314	H.F.	746	Millage of Scott
			Greiner of Washington
H-1315	H.F.	746	Falck of Fayette
			Burnett of Story
H-1316	H.F.	746	O'Brien of Boone
			Mertz of Kossuth
H-1317	H.F.	746	Scherrman of Dubuque
H-1318	H.F.	746	Murphy of Dubuque
H-1319	H.F.	746	Murphy of Dubuque
H-1320	H.F.	746	Falck of Fayette
H-1321	H.F.	746	Thomas of Clayton
H-1322	H.F.	112	Richardson of Warren
H-1323	H.J.R.	12	Brunkhorst of Bremer
H-1324	H.F.	745	Boggess of Taylor
H-1325	H.F.	695	Thomson of Linn
H-1326	H.F.	698	Jacobs of Polk
			Martin of Scott
H-1327	H.F.	698	Jacobs of Polk
			Martin of Scott
H-1328	H.F.	698	Jacobs of Polk
			Martin of Scott
H-1329	S.F.	194	Blodgett of Cerro Gordo
H-1330	H.F.	709	Blodgett of Cerro Gordo
H-1331	H.F.	698	Jacobs of Polk
			Martin of Scott
On motion by Siegrist of Pottawattamie the House adjourned at 
4:15 p.m., until 8:45 a.m., Wednesday, March 31, 1999.
942	JOURNAL OF THE HOUSE	79th Day
79th Day	TUESDAY, MARCH 30, 1999	943

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