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Eighty-sixth Calendar Day - Fifty-fourth Session Day Hall of the House of Representatives Des Moines, Iowa, Tuesday, April 6, 1999 The House met pursuant to adjournment at 8:50 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend Richard Harken, pastor of First Presbyterian Church, Boone. The Journal of Monday, April 5, 1999 was approved. PETITIONS FILED The following petitions were received and placed on file: By Boddicker of Cedar, from thirty-two constituents of the 39th district favoring a fuel quality standard for Iowa. By Falck of Fayette, from ten constituents favoring a fuel quality standard for Iowa. By Schrader of Marion, from sixty constituents favoring a fuel quality standard for Iowa. By Tyrrell of Iowa, from one hundred twelve residents of Iowa opposing elimination of the veterans property tax credit. By Weigel of Chickasaw, from sixteen constituents favoring a fuel quality standard including ethanol. HOUSE FILES REFERRED TO COMMITTEE Siegrist of Pottawattamie asked and received unanimous consent that the following bills be referred to the committees as listed: House File 112 Local Government House File 125 State Government House File 163 Local Government House File 184 Local Government House File 204 State Government House File 233 State Government House File 261 Transportation House File 283 Transportation House File 306 Transportation House File 346 Local Government House File 348 Local Government House File 421 Labor and Industrial Relations House File 427 Judiciary House File 446 Commerce and Regulation House File 450 Economic Development House File 503 Local Government House File 537 Local Government House File 574 Local Government House File 609 Education House File 635 Transportation House File 678 Human Resources House File 681 Human Resources House File 682 Judiciary House File 694 State Government House File 699 Agriculture House File 701 Transportation House File 704 State Government House File 709 Human Resources House File 712 Judiciary House File 717 Labor and Industrial Relations House File 719 Judiciary House File 722 Labor and Industrial Relations House File 729 Agriculture House File 736 Human Resources On motion by Siegrist of Pottawattamie the House was recessed at 8:55 a.m., until 9:30 a.m. MORNING SESSION The House reconvened at 9:43 a.m., Speaker Corbett in the chair. CONSIDERATION OF BILLS Unfinished Business Calendar House File 589, a bill for an act relating to the transfer of real estate, the filing of a release of mortgage, and providing a remedy, was taken up for consideration. SENATE FILE 335 SUBSTITUTED FOR HOUSE FILE 589 Bradley of Clinton asked and received unanimous consent to substitute Senate File 335 for House File 589. Senate File 335, a bill for an act relating to the transfer of real estate, the filing of a release of mortgage, and providing a remedy, was taken up for consideration. Metcalf of Polk asked and received unanimous consent to withdraw amendment H-1257 filed by her on March 25, 1999. Bradley of Clinton 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. 335) The ayes were, 99: Alons Arnold Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors 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, 1: Barry The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 589 WITHDRAWN Bradley of Clinton asked and received unanimous consent to withdraw House File 589 from further consideration by the House. House File 626, a bill for an act concerning the workforce de- velopment department, by providing for the establishment of a work- force development corporation, expenses for members of the regional advisory board to the workforce development board, authority to charge fees for certain services of the department, and Iowa con- servation corps employee rights, was taken up for consideration. SENATE FILE 281 SUBSTITUTED FOR HOUSE FILE 626 Hoffman of Crawford asked and received unanimous consent to substitute Senate File 281 for House File 626. Senate File 281, a bill for an act concerning the workforce de- velopment department, by providing for the establishment of a work- force development corporation, expenses for members of the regional advisory board to the workforce development board, authority to charge fees for certain services of the department, and Iowa con- servation corps employee rights, was taken up for consideration. Hoffman of Crawford 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. 281) The ayes were, 99: Alons Arnold Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors 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, 1: Barry The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 626 WITHDRAWN Hoffman of Crawford asked and received unanimous consent to withdraw House File 626 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: Senate Files 335 and 281. RULES SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent to suspend the rules for the immediate consideration of Senate File 366. Eddie of Buena Vista in the chair at 10:02 a.m. Appropriations Calendar Senate File 366, a bill for an act making a supplemental appro- priation for the fiscal year beginning July 1, 1998, for replacement of certain embedded chips in the technology and equipment of state de- partments and providing an effective date, with report of committee recommending passage, was taken up for consideration. Millage of Scott moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 366) The ayes were, 82: Alons Arnold Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Connors Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Falck Foege Ford Garman Gipp Greiner Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Lord Martin Mascher Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter^ Raecker Rants Rayhons Reynolds Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Weigel Welter Witt Eddie, Presiding The nays were, 15: Chapman Cohoon Drees Fallon Frevert Holveck Kreiman Kuhn Larkin May Richardson Thomas Warnstadt Whitead Wise Absent or not voting, 3: Barry Grundberg Larson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 366 be immediately messaged to the Senate. Regular Calendar Senate File 102, a bill for an act relating to nonsubstantive Code corrections, with report of committee recommending amendment and passage, was taken up for consideration. Bell of Jasper offered the following amendment H-1115 filed by the committee on judiciary and moved its adoption: H-1115 1 Amend Senate File 102, as passed by the Senate, as 2 follows: 3 1. Page 9, by striking lines 1 through 4. 4 2. By renumbering as necessary. The committee amendment H-1115 was adopted. Bell of Jasper 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. 102) The ayes were, 97: Alons Arnold Baudler Bell Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn 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 Eddie, Presiding The nays were, none. Absent or not voting, 3: Barry Blodgett Holmes The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 248, a bill for an act relating to acquired immune deficiency syndrome, providing penalties, and providing for a repeal, with report of committee recommending passage, was taken up for consideration. Millage of Scott offered the following amendment H?1399 filed by him and moved its adoption: H-1399 1 Amend Senate File 248, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 11, by striking lines 31 through 34 and 4 inserting the following: 5 " . Prior to obtaining a sample for the purpose 6 of performing an HIV-related test, the subject of the 7 test shall be provided with preliminary counseling 8 which includes but is not limited to an explanation of 9 the test, an explanation of the nature of AIDS and 10 AIDS-related conditions, an explanation of the 11 procedures to be followed, and information regarding 12 HIV infection and risk reduction. At any time that". A non-record roll call was requested. The ayes were 56, nays 15. Amendment H?1399 was adopted. Blodgett of Cerro Gordo 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. 248) The ayes were, 100: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees 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 Eddie, Presiding The nays were, none. Absent or not voting, none. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 681 WITHDRAWN Blodgett of Cerro Gordo asked and received unanimous consent to withdraw House File 681 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: Senate Files 102 and 248. Senate File 224, a bill for an act relating to proceedings before the utilities board and the provision of competitive utility services by allocating costs incurred by the utilities board and the office of consumer advocate to certain persons in certain proceedings related to providing competitive utility services, and by providing for the certification of competitive natural gas providers and aggregators, and providing an effective date, with report of committee recommending passage, was taken up for consideration. Dix of Butler moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 224) The ayes were, 97: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Eddie, Presiding The nays were, none. Absent or not voting, 3: Holmes Martin Schrader The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 190, a bill for an act relating to the requirements for establishing and operating a city cable communication utility, with report of committee recommending passage, was taken up for con- sideration. Jenkins of Black Hawk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 190) The ayes were, 96: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake 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 Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Eddie, Presiding The nays were, none. Absent or not voting, 4: Drees Klemme Metcalf Schrader The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 6, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 208, a bill for an act establishing a southern Iowa development and conservation authority, specifying membership, powers, and duties, creating a southern Iowa development and conservation fund, and providing for other properly related matters. Also: That the Senate has on April 6, 1999, passed the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 11, a concurrent resolution requesting the United States Congress to prevent the federal government from attempting to recoup Medicaid payments from the state tobacco litigation settlement agreement moneys, and to allow the states to keep all settlement moneys, without offset. MICHAEL E. MARSHALL, Secretary IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 224 and 190. HOUSE FILE 233 WITHDRAWN Frevert of Palo Alto asked and received unanimous consent to withdraw House File 233 from further consideration by the House. Senate File 303, a bill for an act requiring that the clerk of the district court confirm that notice has been given to required parties prior to the filing of a nonstatutory lien, with report of committee recommending passage, was taken up for consideration. Ford 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. 303) The ayes were, 96: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake 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 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 Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Eddie, Presiding The nays were, none. Absent or not voting, 4: Boggess Drees Klemme Schrader The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 233, a bill for an act relating to the preservation of records held by financial institutions, with report of committee recommending passage, 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. 233) The ayes were, 95: Alons Arnold Barry Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Falck Fallon Foege Ford Frevert Garman Gipp Greiner Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering 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 Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Eddie, Presiding The nays were, none. Absent or not voting, 5: Baudler Drees Grundberg Klemme Schrader The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 303 and 233. Speaker Corbett in the chair at 10:58 a.m. Unfinished Business Calendar House File 758, 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, was taken up for consideration. Whitead of Woodbury offered the following amendment H?1353 filed by him and moved its adoption: H-1353 1 Amend House File 758 as follows: 2 1. Page 1, line 5, by inserting after the figure 3 "1999" the following: ", or at a mobile home park 4 existing on July 1, 1999, if a majority of the adult 5 residents of the mobile home park file a petition 6 requesting the construction of a storm shelter". 7 2. Page 2, line 3, by inserting after the figure 8 "1999" the following: ", or at a mobile home park 9 existing on July 1, 1999, if a majority of the adult 10 residents of the mobile home park file a petition 11 requesting the construction of a storm shelter". Amendment H?1353 lost. Richardson of Warren offered the following amendment H?1420 filed by him and moved its adoption: H-1420 1 Amend House File 758 as follows: 2 1. Page 1, line 19, by inserting after the word 3 "park." the following: "However, the ordinance may 4 require that the storm shelter is centrally located or 5 not more than twelve hundred feet from any mobile 6 home." 7 2. Page 1, line 21, by striking the word "five" 8 and inserting the following: "seven". 9 3. Page 2, line 17, by inserting after the word 10 "park." the following: "However, the ordinance may 11 require that the storm shelter is centrally located or 12 not more than twelve hundred feet from any mobile 13 home." 14 4. Page 2, line 19, by striking the word "five" 15 and inserting the following: "seven". Amendment H?1420 was adopted. Jenkins of Black Hawk offered the following amendment H?1360 filed by Jenkins, et al., and moved its adoption: H-1360 1 Amend House File 758 as follows: 2 1. Page 1, by striking lines 18 and 19. 3 2. Page 2, by striking lines 16 and 17. 4 3. By renumbering as necessary. A non-record roll call was requested. The ayes were 52, nays 37. Amendment H?1360 was adopted, placing lines 2 through 6 and lines 9 through 13 of amendment H-1420 (previously adopted) out of order. Whitead of Woodbury offered the following amendment H?1354 filed by him and moved its adoption: H-1354 1 Amend House File 758 as follows: 2 1. Page 1, by striking line 28 and inserting the 3 following: 4 "b. The rental agreement for a mobile home park 5 space shall include a provision stating that the 6 mobile home park has a storm shelter, an evacuation 7 plan, or neither a storm shelter or an evacuation 8 plan. 9 c. For the purposes of this subsection:" 10 2. Page 2, by striking line 26 and inserting the 11 following: 12 "b. The rental agreement for a mobile home park 13 space shall include a provision stating that the 14 mobile home park has a storm shelter, an evacuation 15 plan, or neither a storm shelter or an evacuation 16 plan. 17 c. For the purposes of this subsection:" 18 3. Title page, line 2, by inserting after the 19 word "parks," the following: "providing notice of 20 disaster plans or shelters in rental agreements,". A non-record roll call was requested. The ayes were 30, nays 45. Amendment H?1354 lost. Richardson of Warren offered the following amendment H?1352 filed by him and moved its adoption: H-1352 1 Amend House File 758 as follows: 2 1. Page 3, by inserting after line 18 the 3 following: 4 "Sec. . NONAPPLICABILITY. Section 25B.7 does 5 not apply to section 3 of this Act." Amendment H?1352 was adopted. Richardson of Warren 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. 758) The ayes were, 77: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Carroll Cataldo Chapman Chiodo Cohoon Connors Cormack Davis Dix Dolecheck Drake Eddie Gipp Greiner Hahn Hansen Heaton Holmes Horbach Houser Huseman Huser Jacobs Jager Jochum Johnson Kettering Klemme Kuhn Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers O'Brien Osterhaus Parmenter Raecker Rants Rayhons Richardson Scherrman Schrader Siegrist Stevens Sunderbruch Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Welter Wise Witt Mr. Speaker Corbett The nays were, 17: Burnett Doderer Dotzler Drees Falck Fallon Foege Frevert Hoffman Holveck Kreiman Larkin Reynolds Shoultz Taylor Weigel Whitead Absent or not voting, 6: Ford Garman Grundberg Jenkins Nelson Sukup 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 758 be immediately messaged to the Senate. On motion by Siegrist of Pottawattamie the House was recessed at 12:02 p.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 1:07 p.m., Speaker Corbett in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed fifty-three members present, forty- seven absent. CONSIDERATION OF BILLS Regular Calendar Senate File 392, a bill for an act relating to telecommunications systems or services which may be provided by a city utility, establishing certain requirements on such city, and including effective date and retroactive applicability provisions, with report of committee recommending amendment and passage, was taken up for consideration. Jenkins of Black Hawk offered the following amendment H-1336 filed by the committee on commerce and regulation and moved its adoption: H-1336 1 Amend Senate File 392, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 3, line 5, by striking the words "systems 4 and services" and inserting the following: "that 5 portion of a system or service". The committee amendment H-1336 was adopted, placing amendment H-1438 filed by Jenkins of Black Hawk from the floor, out of order. Jenkins of Black Hawk moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 392) The ayes were, 89: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Cataldo Chiodo Cohoon Connors Cormack Davis Dix Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Martin Mascher May Mertz Metcalf Millage Mundie Myers Nelson O'Brien Osterhaus Raecker Rants Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 5: Chapman Doderer Fallon Parmenter Thomas Absent or not voting, 6: Carroll Horbach Lord Murphy Rayhons Thomson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that Senate File 392 be immediately messaged to the Senate. Unfinished Business Calendar House File 746, a bill for an act relating to and making appropriations for agriculture and natural resources and providing effective dates, was taken up for consideration. Gipp of Winneshiek asked and received unanimous consent that House File 746 be deferred and that the bill retain its place on the calendar. The House stood at ease at 1:27 p.m., until the fall of the gavel. The House resumed session at 2:53 p.m., Speaker Corbett in the chair. INTRODUCTION OF BILL House File 762, by committee on appropriations, a bill for an act relating to state government technology and operations, by making and relating to appropriations to the Iowa communications network for the support of certain Part III users, making appropriations to various entities for other technology-related purposes, providing for the procurement of information technology, providing for the use of the network, providing for electronic access to public information by creating an IowAccess network, authorizing fees, and providing an effective date. Read first time and placed on the appropriations calendar. The House resumed consideration of House File 746. Greiner of Washington offered amendment H?1384 filed by her as follows: H-1384 1 Amend House File 746 as follows: 2 1. Page 1, by inserting before line 1 the 3 following: 4 "DIVISION I" 5 2. Page 1, line 13, by striking the figure 6 "2,112,222" and inserting the following: "2,137,161". 7 3. Page 1, line 14, by striking the figure 8 "46.88" and inserting the following: "47.88". 9 4. Page 2, by inserting after line 10 the 10 following: 11 "(__) Of the amount appropriated in this paragraph 12 "a", $24,939 shall be used to support one full-time 13 equivalent position on contract basis for six part- 14 time staff to perform functions related to livestock 15 market news reporting." 16 5. Page 3, line 3, by striking the figure "81.00" 17 and inserting the following: "83.00". 18 6. Page 3, line 13, by striking the figure 19 "793,419" and inserting the following: "806,666". 20 7. Page 3, by inserting after line 13, the 21 following: 22 "Of the amount appropriated in this paragraph "b", 23 $13,247 shall be used to support one full-time 24 equivalent position to operate the switchboard and 25 perform other clerical duties within the feed bureau." 26 8. Page 3, line 15, by striking the figure 27 "1,226,757" and inserting the following: "1,248,514". 28 9. Page 3, line 16, by inserting before the word 29 "Of" the following: "(1)". 30 10. Page 3, by inserting after line 19, the 31 following: 32 "(2) Of the amount appropriated in this paragraph 33 "c", $21,757 shall be used to support one full-time 34 equivalent position who is a temporary employee to 35 assist with the administration of pesticide 36 certification examinations." 37 11. Page 5, by inserting before line 24 the 38 following: 39 "DIVISION II" 40 12. Page 6, line 23, by striking the figure 41 "195.28" and inserting the following: "195.73". 42 13. Page 7, line 15, by striking the figure 43 "4,899,821" and inserting the following: "4,941,285". 44 14. Page 7, line 16, by striking the figure 45 "241.50" and inserting the following: "242.50". 46 15. Page 7, by inserting after line 16 the 47 following: 48 "___. Of the amount appropriated in paragraph "a", 49 not more than $1,000,000 shall be used by the 50 department to carry out the provisions of the federal Page 2 1 Clean Air Act, including amendments to the Act, and 2 regulations adopted pursuant to the Act by the United 3 States environmental protection agency." 4 16. Page 7, line 33, by striking the figure 5 "99,269" and inserting the following: "140,733". 6 17. Page 9, line 9, by striking the figure 7 "343.58" and inserting the following: "344.18". 8 18. Page 11, by inserting before line 25 the 9 following: 10 "DIVISION III" 11 19. Page 11, line 34, by striking the figure 12 "275,211" and inserting the following: "281,606". 13 20. Page 12, by inserting before line 29 the 14 following: 15 "DIVISION IV" 16 21. Page 14, by inserting before line 35 the 17 following: 18 "DIVISION V" 19 22. Page 16, by inserting before line 11 the 20 following: 21 "DIVISION VI" 22 23. Page 17, by inserting before line 2 the 23 following: 24 "DIVISION VII" 25 24. By renumbering as necessary. Murphy of Dubuque offered the following amendment H?1396, to amendment H?1384, filed by him and moved its adoption: H-1396 1 Amend the amendment, H-1384, to House File 746, as 2 follows: 3 1. Page 1, line 6, by striking the figure 4 "2,137,161" and inserting the following: "2,229,519". Roll call was requested by Murphy of Dubuque and Greiner of Washington. On the question "Shall amendment H-1396, to amendment H-1384, be adopted?" (H.F. 746) The ayes were, 42: Bell Bukta Burnett Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 54: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Carroll Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner 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, 4: Brunkhorst Cataldo Ford Grundberg Amendment H-1396 lost. Murphy of Dubuque offered the following amendment H?1421, to amendment H?1384, filed by him and moved its adoption: H-1421 1 Amend the amendment, H-1384, to House File 746 as 2 follows: 3 1. Page 1, line 8, by striking the figure "47.88" 4 and inserting the following: "48.88". 5 2. Page 1, by inserting after line 15 the 6 following: 7 " . Page 2, line 21, by striking the figure 8 "4,110,954" and inserting the following: "4,152,418". 9 . Page 2, line 22, by striking the figure 10 "123.00" and inserting the following: "125.00"." Roll call was requested by Murphy of Dubuque and Greiner of Washington. On the question "Shall amendment H-1421, to amendment H-1384, be adopted?" (H.F. 746) The ayes were, 42: Bell Bukta Burnett Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 54: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Carroll Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner 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, 4: Brunkhorst Cataldo Ford Grundberg Amendment H-1421 lost. Scherrman of Dubuque asked and received unanimous consent to withdraw amendment H-1397, to amendment H-1384, filed by him on April 5, 1999. Scherrman of Dubuque offered the following amendment H?1418, to amendment H?1384, filed by him and moved its adoption: H-1418 1 Amend the amendment, H-1384, to House File 746, as 2 follows: 3 1. Page 1, line 43, by striking the figure 4 "4,941,285" and inserting the following: "5,112,443". 5 2. Page 2, by inserting after line 3, the 6 following: 7 " . Page 7, line 29, by striking the figure 8 "370,000" and inserting the following: "392,000"." 9 3. Page 2, line 5, by striking the figure 10 "140,733" and inserting the following: "289,891". Amendment H?1418 lost. Murphy of Dubuque offered the following amendment H?1436, to amendment H?1384, filed by him from the floor and moved its adoption: H-1436 1 Amend the amendment, H-1384, to House File 746, as 2 follows: 3 1. Page 1, line 45, by striking the figure 4 "242.50" and inserting the following: "243.50". Roll call was requested by Murphy of Dubuque and Greiner of Washington. On the question "Shall amendment H-1436, to amendment H-1384, be adopted?" (H.F. 746) The ayes were, 43: Arnold Bell Bukta Burnett Chapman Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 54: Alons Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner 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: Cataldo Ford Grundberg Amendment H?1436 lost. Greiner of Washington offered the following amendment H?1435, to amendment H?1384, filed by her from the floor and moved its adoption: H-1435 1 Amend the amendment, H-1384, to House File 746, as 2 follows: 3 1. Page 1, by striking line 49 and inserting the 4 following: "at least $1,350,000 shall be used by 5 the". Amendment H?1435 was adopted. Dotzler of Black Hawk offered the following amendment H?1437, to amendment H?1384, filed by him from the floor and moved its adoption: H-1437 1 Amend the amendment, H-1384, to House File 746, as 2 follows: 3 1. Page 2, by inserting after line 15 the 4 following: 5 " ___. Page 13, by striking lines 18 through 24 6 and inserting the following: "this section. The 7 department"". A non-record roll call was requested. The ayes were 36, nays 47. Amendment H?1437 lost. Greiner of Washington moved the adoption of amendment H-1384, as amended. Amendment H-1384, as amended, was adopted, placing the follow- ing amendments out of order: H-1318 filed by Murphy of Dubuque on March 30, 1999. H-1319 filed by Murphy of Dubuque on March 30, 1999. H-1317 filed by Scherrman of Dubuque on March 30, 1999. Frevert of Palo Alto offered amendment H?1406 filed by Frevert, et al., as follows: H-1406 1 Amend House File 746 as follows: 2 1. Page 2, line 10, by inserting after the word 3 "reporting." the following: "The amount allocated 4 under this subparagraph is contingent upon the 5 implementation of chapter 172C, as enacted in this 6 Act." 7 2. Page 16, by inserting after line 11 the 8 following: 9 "Sec. 100. Section 22.7, Code 1999, is amended by 10 adding the following new subsection: 11 NEW SUBSECTION. 38. Information revealing the 12 name of a person who sells livestock to a packer as 13 reported to the department of agriculture and land 14 stewardship pursuant to section 172C.2 15 Sec. 101. NEW SECTION. 172C.1 DEFINITIONS. 16 1. "Department" means the department of 17 agriculture and land stewardship. 18 2. "Livestock" means live cattle, swine, or sheep. 19 3. "Packer" means a person who is engaged in the 20 business of slaughtering livestock or receiving, 21 purchasing, or soliciting livestock for slaughter, if 22 the meat products of the slaughtered livestock which 23 are directly or indirectly to be offered for resale or 24 for public consumption and the meat products have a 25 total annual value of ten million dollars or more. As 26 used in this chapter, "packer" includes an agent of 27 the packer engaged in buying or soliciting livestock 28 for slaughter on behalf of a packer. "Packer" does 29 not include a frozen food locker plant regulated under 30 chapter 172. 31 Sec. 102. NEW SECTION. 172C.2 PURCHASE REPORTS. 32 1. A packer shall file purchase reports which 33 include information relating to the purchase of 34 livestock as required by the department. The reports 35 shall be completed in the manner prescribed by the 36 department. The department may require that purchase 37 reports be filed in an electronic format. Rules 38 adopted by the department may provide that the 39 information contained in a purchase report include 40 volume of daily purchases, and the weight, grade, and 41 price paid for livestock, including all premiums, 42 discounts, or adjustments. If the livestock are 43 purchased pursuant to contract, the department may 44 require that information in the purchase report be 45 categorized by the type of contract, which may include 46 contracts commonly referred to as formula contracts, 47 risk managed contracts, ledger contracts, or cash 48 contracts. The purchase reports shall allow the 49 department to compare prices paid under contract with 50 cash market prices. A purchase report required under Page 2 1 this section shall at least include information for 2 all of the following: 3 a. Livestock purchased or committed to delivery on 4 the business day previous to the date that the report 5 is filed. 6 b. Livestock slaughtered on the two business days 7 previous to the date that the report is filed, or 8 earlier, if required by the department. 9 2. The department may enter into an agreement with 10 the United States department of agriculture or any 11 private marketing service in order to disseminate 12 information contained in purchase reports filed under 13 this section. 14 3. The department, in consultation with the office 15 of attorney general, shall designate information in 16 purchase reports that reveals the name of a livestock 17 seller as confidential pursuant to section 22.7. 18 Sec. 103. NEW SECTION. 172C.3 PURCHASE NOTICE. 19 A packer shall post a purchase notice which 20 includes information relating to the purchase of 21 livestock as required by the department. Rules 22 adopted by the department may provide that the 23 information contained in the posted notice include a 24 summary of information required to be filed in 25 purchase reports as provided in section 172C.2. The 26 information in the purchase notice shall appear in a 27 format that can be immediately understood by a 28 reasonable person familiar with selling livestock. 29 The notice shall be posted in a conspicuous place at 30 the point of delivery in a manner as prescribed by the 31 department. The packer shall communicate the 32 information contained in the purchase notice by 33 electronic means, including telephone upon request by 34 a livestock seller. 35 Sec. 104. NEW SECTION. 172C.4 CONFIDENTIALITY 36 PROHIBITED. 37 1. On and after the effective date of this Act, a 38 packer shall not include a provision in a contract for 39 the purchase of livestock providing that information 40 contained in the contract is confidential. 41 2. A provision which is part of a contract for the 42 purchase of livestock executed after the effective 43 date of this Act for the purchase of livestock is 44 void, if the provision states that information 45 contained in the contract is confidential. The 46 provision is void regardless of whether the 47 confidentiality provision is express or implied; oral 48 or written; required or conditional; contained in the 49 contract, another contract, or in a related document, 50 policy, or agreement. This section does not affect Page 3 1 other provisions of a contract or a related document, 2 policy, or agreement which can be given effect without 3 the voided provision. This section does not require 4 either party to the contract to divulge the 5 information in the contract to another person. 6 Sec. 105. NEW SECTION. 172C.5 RULES. 7 The department, in consultation with the office of 8 attorney general, shall adopt rules necessary in order 9 to administer this chapter. The department may 10 establish different rules according to the species of 11 livestock subject to purchase reporting pursuant to 12 section 172C.2 or a purchase notice pursuant to 13 section 172C.3. 14 Sec. 106. NEW SECTION. 172C.6 ENFORCEMENT. 15 1. The attorney general's office is the primary 16 agency responsible for enforcing this chapter. The 17 department shall notify the attorney general's office 18 if the department has reason to believe that a 19 violation of section 172C.4 has occurred. 20 2. In enforcing the provisions of this chapter, 21 the attorney general may do all of the following: 22 a. Apply to the district court for an injunction 23 to do any of the following: 24 (1) Restrain a packer from engaging in conduct or 25 practices in violation of this chapter. 26 (2) Require a packer to comply with a provision of 27 this chapter. 28 b. Apply to district court for the issuance of a 29 subpoena to obtain contracts, documents, or other 30 records for purposes of enforcing this chapter. 31 c. Bring an action in district court to enforce 32 penalties provided in this chapter, including the 33 assessment and collection of civil penalties. 34 3. The attorney general shall have access to all 35 information reported by packers pursuant to section 36 172C.2, regardless of whether the information is 37 confidential. The attorney general may use the 38 information in order to enforce this chapter or submit 39 the information to a federal agency in a legal action 40 against a packer. 41 Sec. 107. NEW SECTION. 172C.7 PENALTIES. 42 1. A packer who fails to file a timely, accurate, 43 or complete purchase report as required pursuant to 44 section 172C.2 is subject to a civil penalty of not 45 more than five thousand dollars. 46 2. A packer who fails to post a timely, accurate, 47 or complete purchase notice or communicate information 48 contained in the purchase notice to a livestock seller 49 upon request as required pursuant to section 172C.3 is 50 subject to a civil penalty of not more than one Page 4 1 thousand dollars. 2 3. A packer who includes a confidentiality 3 provision in a contract with a livestock seller in 4 violation of section 172C.4 is guilty of a fraudulent 5 practice as provided in section 714.8." 6 3. Page 17, by inserting after line 1 the 7 following: 8 "Sec. 108. Section 714.8, Code 1999, is amended by 9 adding the following new subsection: 10 NEW SUBSECTION. 17. A packer who includes a 11 confidentiality provision in a contract with a 12 livestock seller in violation of section 172C.3. 13 Sec. 200. APPLICABILITY. A packer shall provide 14 purchasing reports to the department of agriculture 15 and land stewardship as required in section 172C.2, as 16 enacted in this Act, and shall post a purchase notice 17 and communicate information contained in the purchase 18 notice to livestock sellers as provided in section 19 172C.3, as enacted in this Act, for each species of 20 livestock as defined in section 172C.1, as enacted in 21 this Act, upon adoption of rules governing that 22 species by the department." 23 4. Page 17, by inserting after line 9 the 24 following: 25 " . Sections 101 through 108, amending section 26 22.7, subsection 38, enacting sections 172C.1 through 27 172C.7, and amending section 714.8, subsection 17, 28 relating to packer regulations. 29 . Section 200, relating to packer regulations." Klemme of Plymouth rose on a point of order that amendment H-1406 was not germane. The Speaker ruled the point well taken and amendment H-1406 not germane. Frevert of Palo Alto asked for unanimous consent to suspend the rules to consider amendment H-1406. Objection was raised. Frevert of Palo Alto moved to suspend the rules to consider amend- ment H-1406. Roll call was requested by Murphy of Dubuque and Siegrist of Pottawattamie. On the question "Shall the rules be suspended to consider amend- ment H-1406?" (H.F. 746) The ayes were, 44: Bell Bukta Burnett Cataldo Chapman Chiodo Cohoon Connors 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 Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 54: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dolecheck Drake Eddie Garman Gipp Greiner Grundberg Hahn 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, 2: Dix Hansen The motion to suspend the rules lost. Thomas of Clayton offered the following amendment H?1332 filed by him and moved its adoption: H-1332 1 Amend House File 746 as follows: 2 1. Page 3, line 2, by striking the figure 3 "926,703" and inserting the following: "1,001,571". 4 2. Page 3, line 6, by striking the figure 5 "150,000" and inserting the following: "224,868". Amendment H?1332 lost. Jochum of Dubuque offered the following amendment H?1313 filed by her and moved its adoption: H-1313 1 Amend House File 746 as follows: 2 1. Page 7, line 32, by inserting after the word 3 "department." the following: "In carrying out its on- 4 site inspections, persons occupying the full-time 5 equivalent positions authorized in this paragraph 6 shall ensure that unformed manure storage structures 7 which are part of confinement feeding operations do 8 not emit airborne pollutants in excess of standards as 9 shall be established by rules adopted by the 10 department regulating levels of gases containing 11 compounds which produce odor or may have a deleterious 12 effect upon human health, including but not limited to 13 hydrogen sulfide, ammonia, methane, and any class of 14 mercaptan." A non-record roll call was requested. The ayes were 40, nays 49. Amendment H?1313 lost. Scherrman of Dubuque offered the following amendment H?1417 filed by him and moved its adoption: H-1417 1 Amend House File 746 as follows: 2 1. Page 12, line 7, by striking the figure 3 "900,600" and inserting the following: "1,000,600". Amendment H?1417 lost. Frevert of Palo Alto asked and received unanimous consent to withdraw amendment H-1371 filed by her on April 1, 1999. Mundie of Webster offered the following amendment H?1416 filed by him and moved its adoption: H-1416 1 Amend House File 746 as follows: 2 1. Page 15, by inserting after line 12 the 3 following: 4 "Sec. . LIVESTOCK CONTRACTING STUDY. The 5 legislative council is requested to establish an 6 interim committee to study issues relating to 7 practices involving contracts for the production and 8 marketing of livestock, including but not limited to 9 contracts executed by packers and cooperative 10 associations. The interim committee shall report the 11 findings and recommendations of its study, including 12 any proposed legislation, as required by the 13 legislative council prior to the 2000 Session of the 14 Seventy-eighth General Assembly." 15 2. By renumbering as necessary. Roll call was requested by Murphy of Dubuque and Myers of Johnson. On the question "Shall amendment H-1416 be adopted?" (H.F. 746) The ayes were, 45: Arnold Bell Bukta Burnett Cataldo Chiodo Cohoon Connors^ Cormack Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Garman Holveck Huser Jochum Kreiman Kuhn Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 53: Alons Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Carroll Davis Dix Dolecheck Drake Eddie 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, 2: Chapman Larkin Amendment H-1416 lost. O'Brien of Boone offered the following amendment H?1316 filed by him and Mertz of Kossuth and moved its adoption: H-1316 1 Amend House File 746 as follows: 2 1. Page 15, by striking lines 24 through 28. 3 2. By renumbering as necessary. Roll call was requested by Greiner of Washington and Gipp of Winneshiek. On the question "Shall amendment H-1316 be adopted?" (H.F. 746) The ayes were, 40: Bell Bukta Burnett Chiodo Cohoon Connors Doderer Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser Kreiman Kuhn Larkin May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Weigel Whitead Wise Witt The nays were, 55: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess 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 Lord Martin Mascher 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, 5: Bradley Cataldo Chapman Jochum Larson Amendment H-1316 lost. Greiner of Washington offered the following amendment H?1314 filed by her and Millage of Scott and moved its adoption: H-1314 1 Amend House File 746 as follows: 2 1. Page 16, by inserting after line 10 the 3 following: 4 "Sec. . MONEYS ORIGINATING FROM THE EXCISE TAX 5 ON THE SALE OF MOTOR FUEL USED IN WATERCRAFT. 6 Notwithstanding section 452A.79, for the fiscal year 7 beginning July 1, 1999, and ending June 30, 2000, the 8 first six hundred eleven thousand three hundred eleven 9 dollars derived from the excise tax on the sale of 10 motor fuel used in watercraft shall be deposited in 11 the general fund of the state. The moneys in excess 12 of six hundred eleven thousand three hundred eleven 13 dollars shall be deposited in the rebuild Iowa 14 infrastructure fund. The amount of moneys required to 15 be deposited pursuant to this section shall be in lieu 16 of the moneys required to be deposited pursuant to 17 section 452A.79. All other provisions in section 18 452A.79 shall continue to apply." 19 2. Page 16, by striking lines 12 through 25. 20 3. By renumbering as necessary. Amendment H?1314 was adopted. Thomas of Clayton offered the following amendment H?1321 filed by him and moved its adoption: H-1321 1 Amend House File 746 as follows: 2 1. Page 16, by inserting after line 10 the 3 following: 4 "Sec. ___. FINDINGS. The general assembly finds 5 that due to an inadequate number of department of 6 natural resources' forestry staff, an extensive 7 backlog of requests for forester assistance exists; 8 that a substantial number of unfunded timber 9 management cost share project requests have been made; 10 that an inadequate amount of timber stand improvement 11 has been completed; that current and future woodland 12 owners exhibit a general lack of timber management 13 education; that turnover of woodland owners will 14 significantly increase in the next twenty years; that 15 managed timberland in Iowa could produce three times 16 more volume in half the time with improved information 17 and education; and that due to the long time frame for 18 timber development, many landowners are unable to 19 invest abundant personal finances in timber 20 development." 21 2. Page 16, by inserting before line 26 the 22 following: 23 "Sec. ___. Section 456A.20, Code 1999, is amended 24 to read as follows: 25 456A.20 LIMITATION ON NURSERY STOCK - EXCEPTION. 26 1.AllfundsMoneys appropriated to the department 27 which are used in growing or handling nursery stock 28 shall be used for growing or handling of the nursery 29 stock for distribution only on state-owned lands. 30 However, the department mayproducedo any of the 31 following: 32 a. Produce and sellatprivatesalegame cover 33 packets and trees for erosion control,mayproduceat 34 private sale. 35 b. Produce trees for a demonstration windbreak in 36 each township in the state,andmaydispose.37 c. Dispose of growing trees under a departmental 38 plan of distribution. 39 2. The department shall deposit a portion of the 40 moneys that it receives from selling trees and shrubs 41 as provided in this section to the forestry management 42 and enhancement fund as created in section 456A.21A. 43 The amount deposited in the fund shall equal five 44 cents for each coniferous tree and ten cents for each 45 hardwood tree and shrub received from the sales. 46 Sec. ___. NEW SECTION. 456A.21A FORESTRY 47 MANAGEMENT AND ENHANCEMENT FUND. 48 1. A forestry management and enhancement fund is 49 created in the state treasury under the control of the 50 department's forests and forestry division created in Page 2 1 section 455A.7. The fund is composed of moneys 2 deposited into the fund pursuant to section 456A.20, 3 moneys appropriated by the general assembly, and 4 moneys available to and obtained or accepted by the 5 division or the department from the United States or 6 private sources for placement in the fund. 7 2. Moneys in the fund are subject to an annual 8 audit by the auditor of state. The fund is subject to 9 warrants written by the director of revenue and 10 finance, drawn upon the written requisition of the 11 division. 12 3. The fund shall be used exclusively to support 13 the management and enhancement of forests, including 14 woodlands or timber stands in this state, on private 15 lands in cooperation with the owners of those lands. 16 The department shall use moneys in the fund to support 17 the following full-time equivalent positions in 18 addition to those supported from the general fund of 19 the state: 20 a. Four forestry technicians who shall serve 21 regions of the state as designated by the division. 22 b. One professional forester who shall serve the 23 southwest region of the state. 24 4. The commission may adopt rules pursuant to 25 chapter 17A to administer this section. 26 5. Section 8.33 shall not apply to moneys in the 27 fund. Notwithstanding section 12C.7, moneys earned as 28 income, including as interest, from the fund shall 29 remain in the fund until expended as provided in this 30 section." 31 3. By renumbering as necessary. Amendment H?1321 was adopted. Ford of Polk offered the following amendment H?1359 filed by him and moved its adoption: H-1359 1 Amend House File 746 as follows: 2 1. Page 16, by inserting after line 10 the 3 following: 4 "Sec. . PUBLICATION OF FARM PROGRAMS. 5 1. As used in this section, "farm programs" 6 includes, but is not limited to, financial incentive 7 programs established within the division of soil 8 conservation of the department of agriculture and land 9 stewardship as provided in section 161A.70 and the 10 beginning farmer loan program administered by the 11 agricultural development authority as provided in 12 section 175.12. 13 2. The department shall publicize the availability 14 of farm programs to women and minority persons. The 15 department shall disseminate the information 16 electronically or by publishing printed brochures for 17 distribution to locations and institutions serving 18 farmers, including departmental offices, financial 19 institutions participating in farm programs, and soil 20 and water conservation district offices. 21 3. The department shall cooperate with private 22 institutions and public agencies in order to carry out 23 this section, including the department of economic 24 development and the United States department of 25 agriculture." 26 2. By renumbering as necessary. Amendment H?1359 was adopted. Kuhn of Floyd asked and received unanimous consent that amendment H-1407 be deferred. Burnett of Story asked and received unanimous consent to withdraw amendment H-1315 filed by her and Falck of Fayette on March 30, 1999. Falck of Fayette asked and received unanimous consent to withdraw amendment H-1320 filed by him on March 30, 1999. Kuhn of Floyd asked and received unanimous consent that amendment H-1407 be deferred. RULE 31.8 SUSPENDED Millage of Scott asked and received unanimous consent to suspend Rule 31.8, relating to the timely filing of amendments, for con- sideration of amendment H-1439 filed by him from the floor as follows: H-1439 1 Amend House File 746 as follows: 2 1. Page 14, by inserting after line 34 the 3 following: 4 "Sec. 100. DEPARTMENT OF NATURAL RESOURCES - 5 GENERAL FUND SICK LEAVE PAYOUT. There is appropriated 6 from the general fund of the state to the department 7 of natural resources for the fiscal year beginning 8 July 1, 1998, and ending June 30, 1999, the following 9 amount, or so much thereof as is necessary, to be used 10 for the purpose designated: 11 For the value of sick leave payout that needs to be 12 paid out due to retirement of personnel in the parks 13 and preserves division: 14 $ 200,000 15 Sec. 200. DEPARTMENT OF NATURAL RESOURCES - FISH 16 AND GAME PROTECTION FUND SICK LEAVE PAYOUT. There is 17 appropriated from the state fish and game protection 18 fund created in section 456A.17 to the department of 19 natural resources for the fiscal year beginning July 20 1, 1998, and ending June 30, 1999, the following 21 amount, or so much thereof as is necessary, to be used 22 for the purpose designated: 23 For the value of sick leave pay that needs to be 24 paid out due to retirement of personnel in the fish 25 and wildlife division: 26 $ 150,000" 27 2. Page 17, by inserting after line 9 the 28 following: 29 " ___. Section 100, relating to department of 30 natural resources general fund sick leave payout. 31 ___. Section 200, relating to department of 32 natural resources fish and game protection fund sick 33 leave payout." 34 3. By renumbering as necessary. On motion by Millage of Scott amendment H-1439 was adopted. Kuhn of Floyd offered amendment H?1407 filed by Kuhn, et al., previously deferred, as follows: H-1407 1 Amend House File 746 as follows: 2 1. Page 16, by inserting after line 11 the 3 following: 4 "Sec. . NEW SECTION. 214A.2A MOTOR VEHICLE 5 FUEL REQUIREMENTS. 6 A retail dealer shall not offer for sale in this 7 state a motor vehicle fuel that contains methyl 8 tertiary butyl ether." 9 2. By renumbering as necessary. Kreiman of Davis offered the following amendment H?1475, to amendment H?1407, filed by him from the floor and moved its adoption: H-1475 1 Amend the amendment, H-1407, to House File 746 as 2 follows: 3 1. Page 1, by inserting after line 1 the 4 following: 5 " . Page 16, by inserting after line 11 the 6 following: 7 "Sec. . NEW SECTION. 214A.2A MOTOR VEHICLE 8 FUEL REQUIREMENTS. 9 1. Prior to January 1, 2000, a retail dealer shall 10 not offer for sale in this state a motor vehicle fuel 11 that contains more than one percent of methyl tertiary 12 butyl ether." 13 2. On and after January 1, 2000, a retail dealer 14 shall not offer for sale in this state a motor vehicle 15 fuel that contains more than trace amounts of methyl 16 tertiary butyl ether as provided by rules adopted by 17 the department. The department shall adopt rules 18 necessary in order to ensure that methyl tertiary 19 butyl ether does not cause a threat to the public 20 health or environment by contaminating groundwater or 21 surface water in this state."" 22 2. Page 1, by striking lines 2 through 8. Amendment H?1475 was adopted placing amendments H-1474 filed by Bradley of Clinton, Brunkhorst of Bremer, Gipp of Winneshiek and Myers of Johnson from the floor, and amendment H-1473 filed by Kreiman of Davis from the floor, out of order. Greiner of Washington rose on a point of order that amendment H-1407, as amended, was not germane. The Speaker ruled the point well taken and amendment H-1407, as amended, not germane. Kuhn of Floyd asked for unanimous consent to suspend the rules to consider amendment H-1407, as amended. Objection was raised. Kuhn of Floyd moved to suspend the rules to consider amendment H-1407, as amended. Roll call was requested by Kuhn of Floyd and Brunkhorst of Bremer. Rule 75 was invoked. On the question "Shall the rules be suspended to consider amendment H-1407, as amended?" (H.F. 746) The ayes were, 44: Arnold Bell Bukta Burnett Cataldo Chiodo 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 Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Thomson Warnstadt Weigel Whitead Wise Witt The nays were, 53: Alons Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck 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 Tyrrell Van Engelenhoven Van Fossen Weidman Welter Mr. Speaker Corbett Absent or not voting, 3: Chapman Connors Drake The motion to suspend the rules lost. Greiner of Washington 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. 746) The ayes were, 57: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Carroll Cormack Davis Dix Dolecheck Drake Eddie Ford 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 Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Welter Mr. Speaker Corbett The nays were, 41: Bell Bukta Burnett Cataldo Chiodo Cohoon Doderer Dotzler Drees Falck Fallon Foege Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Warnstadt Weidman Weigel Whitead Wise Witt Absent or not voting, 2: Chapman 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 746 be immediately messaged to the Senate. Regular Calendar Senate File 115, a bill for an act relating to alcohol testing of private sector employees and prospective employees and providing an effective date, with report of committee recommending passage, was taken up for consideration. Taylor of Linn offered the following amendment H?1258 filed by him and moved its adoption: H-1258 1 Amend Senate File 115, as passed by the Senate, as 2 follows: 3 1. By striking page 2, line 18, through page 3, 4 line 5, and inserting the following: 5 " (2) Notwithstanding any provision of this section 6 to the contrary, alcohol testing, including initial 7 and confirmatory testing, may be conducted pursuant to 8 rules adopted by the Iowa department of public health. 9 The rules shall be consistent with regulations adopted 10 by the United States department of transportation 11 governing alcohol testing as contained in 49 C.F.R., 12 pt. 40. 13 Sec. . Section 730.5, subsection 7, paragraph 14 g, Code 1999, is amended to read as follows: 15 g. A medical review officer shall, prior to the 16 results being reported to an employer, review and 17 interpret any confirmed positive test results, 18 including both quantitative and qualitative test 19 results, to ensure that the chain of custody is 20 complete and sufficient on its face and that any 21 information provided by the individual pursuant to 22 paragraph "c", subparagraph (2), is considered. 23 However, this paragraph shall not apply to alcohol 24 testing conducted pursuant to paragraph "f", 25 subparagraph (2). 26 Sec. . Section 730.5, subsection 9, paragraph 27 g, unnumbered paragraph 1, Code 1999, is amended to 28 read as follows: 29 Upon receipt of a confirmed positive alcohol test 30 which indicates an alcohol concentration greater than 31 the concentration level established by the employer 32 pursuant to this sectionbutlessthanthe33concentrationlevelinsection321J.2foroperating34whileundertheinfluenceofalcohol, and if the 35 employer has at leastfiftytwenty employees, and if 36 the employee has been employed by the employer for at 37 least twelve of the preceding eighteen months, and if 38 rehabilitation is agreed upon by the employee, and if 39 the employee has not previously violated the 40 employer's substance abuse prevention policy pursuant 41 to this section, the written policy shall provide for 42 the rehabilitation of the employee pursuant to 43 subsection 10, paragraph "a", subparagraph (1), and 44 the apportionment of the costs of rehabilitation as 45 provided by this paragraph." 46 2. By renumbering as necessary. Raecker of Polk in the chair at 5:32 p.m. Roll call was requested by Taylor of Linn and Murphy of Dubuque. On the question "Shall amendment H-1258 be adopted?" (S.F. 115) The ayes were, 42: Bell Bukta Burnett Cataldo Chiodo Cohoon Cormack 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 Richardson Scherrman Schrader Shoultz Stevens Taylor Warnstadt Weigel Whitead Wise Witt The nays were, 54: Alons Arnold Barry Baudler Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Carroll Corbett, Spkr. Davis Dix Dolecheck Drake Eddie Garman Gipp Greiner Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Raecker, Presiding Absent or not voting, 4: Chapman Connors Grundberg Thomas Amendment H-1258 lost. Nelson of Marshall offered amendment H?1379 filed by her and Sukup of Franklin as follows: H-1379 1 Amend Senate File 115, as passed by the Senate, as 2 follows: 3 1. Page 3, by inserting after line 5 the 4 following: 5 "Sec. . Section 730.5, subsection 9, paragraph 6 g, unnumbered paragraph 1, Code 1999, is amended to 7 read as follows: 8 Upon receipt of a confirmed positive alcohol test 9 which indicates an alcohol concentration greater than 10 the concentration level established by the employer 11 pursuant to this sectionbutlessthanthe12concentrationlevelinsection321J.2foroperating13whileundertheinfluenceofalcohol, and if the 14 employer has at least fifty employees, and if the 15 employee has been employed by the employer for at 16 least twelve of the preceding eighteen months, and if 17 rehabilitation is agreed upon by the employee, and if 18 the employee has not previously violated the 19 employer's substance abuse prevention policy pursuant 20 to this section, the written policy shall provide for 21 the rehabilitation of the employee pursuant to 22 subsection 10, paragraph "a", subparagraph (1), and 23 the apportionment of the costs of rehabilitation as 24 provided by this paragraph." 25 2. By renumbering as necessary. Huser of Polk offered the following amendment H?1476, to amendment H?1379, filed by her from the floor and moved its adoption: H-1476 1 Amend the amendment, H-1379, to Senate File 115, as 2 passed by the Senate, as follows: 3 1. Page 1, by inserting after line 4 the 4 following: 5 "Sec. . Section 730.5, subsection 9, paragraph 6 c, subparagraph (2), Code 1999, is amended to read as 7 follows: 8 (2) If an employer does not have an employee 9 assistance program, the employer must maintain a 10 resource file ofemployeeassistanceservices11providers,alcohol and other drug abuse programs 12 certified by the Iowa department of public health, 13 mental health providers, and other persons, entities, 14 or organizations available to assist employees with 15 personal or behavioral problems. The employer shall 16 provide all employees information about the existence 17 of the resource file and a summary of the information 18 contained within the resource file. The summary 19 should contain, but need not be limited to, all 20 information necessary to access the services listed in 21 the resource file.Inaddition,theemployershall22postinconspicuousplacesalistingofmultiple23employeeassistanceprovidersinthearea." 24 2. Page 1, by inserting after line 24 the 25 following: 26 "Sec. . Section 730.5, subsection 9, paragraph 27 h, Code 1999, is amended to read as follows: 28 h. In order to conduct drug or alcohol testing 29 under this section, an employer shall require 30 supervisory personnel of the employer involved with 31 drug or alcohol testing under this section to attend a 32 minimum of two hours of initial training and to 33 attend, on an annual basis thereafter, a minimum of 34 one hour of subsequent training. The training shall 35 include, but is not limited to, information concerning 36 the recognition of evidence of employee alcohol and 37 other drug abuse, the documentation and corroboration 38 of employee alcohol and other drug abuse, and the 39 referral of employees who abuse alcohol or other drugs 40 to the employee assistance program or to the resource 41 fileofemployeeassistanceservicesproviders42 maintained by the employer pursuant to paragraph "c", 43 subparagraph (2)." Amendment H?1476 was adopted. Dotzler of Black Hawk asked and received unanimous consent to withdraw amendment H-1393, to amendment H-1379, filed by him on April 5, 1999. Nelson of Marshall moved the adoption of amendment H-1379, as amended. Amendment H?1379, as amended, 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?" (S.F. 115) The ayes were, 94: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Boggess Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo 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 Myers Nelson O'Brien Osterhaus Parmenter Rants Rayhons Reynolds Richardson Scherrman Schrader Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Raecker, Presiding The nays were, 2: Fallon Murphy Absent or not voting, 4: Chapman Connors Grundberg Thomas The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 115 be immediately messaged to the Senate. EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on March 31, 1999. Had I been present, I would have voted "aye" on House Files 351, 745, amendments H-1251 and H-1253 to House File 745, and "aye" on Rules Suspension for amendment H-1289 to House File 745. CATALDO of Polk I was necessarily absent from the House chamber on April 6, 1999. Had I been present, I would have voted "aye" on House File 758. FORD of Polk I was necessarily absent from the House chamber on April 6, 1999. Had I been present, I would have voted "aye" on House File 758. NELSON of Marshall On April 6, 1999, I inadvertently voted "no" on House File 746, I meant to vote "aye". WEIDMAN of Cass PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Sixteen seniors from Ruthven-Ayrshire, Ruthven, accompanied by Jon Josephson and John Fokken. By Frevert of Palo Alto. Ten Home School students from Tama-Toledo, accompanied by Mr. and Mrs. Duane Bossman and Lori Lyon. By Horbach of Tama. 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\571 Mabel Rayman, Elberon - For celebrating her 92nd birthday. 1999\572 Ruth and J. C. "Sid" Merryman, Waterloo - For celebrating their 60th wedding anniversary. 1999\573 Bob Utman, Modale - For celebrating his 80th birthday. 1999\574 Matthew J. Bonsall, Dunlap - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\575 Dean Aydelott, Missouri Valley - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\576 Joshua Uzel, Carroll - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\577 Harry Lee, Ottumwa - For celebrating his 88th birthday. 1999\578 Fred Brockman, Denison - For celebrating his 93rd birthday. 1999\579 Mabel Nelson, Denison - For celebrating her 90th birthday. 1999\580 Anna Schultz, Denison - For celebrating her 96th birthday. 1999\581 Elsie Schnoor, Charter Oak - For celebrating her 81st birthday. 1999\582 Doris Ooten, Onawa - For celebrating her 80th birthday. 1999\583 Ellen Bechen, Charter Oak - For celebrating her 90th birthday. 1999\584 Edwin Stoll, Manilla - For celebrating his 87th birthday. 1999\585 Mary Brue, Manilla - For celebrating her 82nd birthday. 1999\586 Ruth and Leonard Riessen, Vail - For celebrating their 50th wedding anniversary. 1999\587 Lillian and George Dahms, Garwin - For celebrating their 75th wedding anniversary. 1999\588 Ella Neumann, Strawberry Point - For celebrating her 80th birthday. 1999\589 Donald and Bertha Gibbons, Waterloo - For celebrating their 60th wedding anniversary. 1999\590 Frances Knode, Waterloo - For celebrating her 80th birthday. 1999\591 Eleanor Erland, Vinton - For celebrating her 80th birthday. 1999\592 Michael Donohue, Spirit Lake - For being named to the 1999 Boys' Academic All-State Team. 1999\593 Greg Forney and The Okoboji Jazz Band, Milford - For winning the 1999 Iowa Jazz Championship. 1999\594 Nordein Peterson, Wallingford - For celebrating his 80th birthday. 1999\595 Dora Parrott, Manchester - For celebrating her 98th birthday. 1999\596 Clare and Howard Kirkwood, Ryan - For celebrating their 60th wedding anniversary. 1999\597 Dolores and Robert Miley, Ottumwa - For celebrating their 50th wedding anniversary. 1999\598 Peg Walton, Masonville - For celebrating her 80th birthday. 1999\599 Kathryn I. Burrows, La Porte City - For celebrating her 85th birthday. 1999\600 Louise McKeown, Tripoli - For celebrating her 90th birthday. 1999\601 Lucille Wagner, Farmersburg - For celebrating her 90th birthday. 1999\602 Don McKale, Toledo - For celebrating his 85th birthday. 1999\603 Marie Schroeder, Elkader - For celebrating her 85th birthday. 1999\604 Mel Webber, Elkader - For celebrating his 80th birthday. 1999\605 Ruby and Alvin Koehn, Elkader - For celebrating their 50th wedding anniversary. SUBCOMMITTEE ASSIGNMENT House File 751 Ways and Means: Houser, Chair; Drake and Larkin. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT House Study Bill 258 Ways and Means: Teig, Chair; Hoffman, Jenkins, Jochum and Shoultz. 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 ADMINISTRATION AND RULES Senate Joint Resolution 12, 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 providing an effective date. Fiscal Note is not required. Committee Action: Failed to Pass April 6, 1999. COMMITTEE ON LOCAL GOVERNMENT Committee Bill (Formerly House Concurrent Resolution 18), requesting establishment of a legislative interim study committee to review the authority and responsibilities of townships as a unit of local government in this state. Fiscal Note is not required. Recommended Amend and Do Pass April 1, 1999. COMMITTEE ON WAYS AND MEANS Senate File 305, a bill for an act relating to the payment by a county of the family farm tax credit and reimbursement to the county of its payment and including an effective date. Fiscal Note is not required. Recommended Do Pass April 6, 1999. Senate File 308, a bill for an act relating to the levy rate for fire protection imposed in an area of a benefited fire district and including an effective date. Fiscal Note is not required. Recommended Do Pass April 6, 1999. RESOLUTIONS FILED HCR 21, by committee on local government, a concurrent resolution requesting establishment of a legislative interim study committee to review legal, budget, and financial aspects of volunteer fire protective services, emergency medical services, and other vital services provided under the auspices of townships. Laid over under Rule 25. HR 14, by Millage, Myers, Mascher, Doderer, Corbett, Siegrist, Alons, Arnold, Barry, Baudler, Bell, Blodgett, Boal, Boddicker, Boggess, Bradley, Brauns, Brunkhorst, Bukta, Burnett, Carroll, Cataldo, Chapman, Chiodo, Cohoon, Connors, Cormack, Davis, Dix, 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, May, Mertz, Metcalf, Mundie, Murphy, Nelson, O'Brien, Osterhaus, Parmenter, Raecker, Rants, Rayhons, Reynolds, Richardson, Scherrman, Schrader, Shoultz, Stevens, Sukup, Sunderbruch, Taylor, Teig, Thomas, Thomson, Tyrrell, Van Engelenhoven, Van Fossen, Warnstadt, Weidman, Weigel, Welter, Whitead, Wise, and Witt, a resolution congratulating the University of Iowa Men's Basketball Team. Laid over under Rule 25. HR 15, by Davis, Corbett, Siegrist, Alons, Arnold, Barry, Baudler, Bell, Blodgett, Boal, Boddicker, Boggess, Bradley, Brauns, Brunkhorst, Bukta, Burnett, Carroll, Cataldo, Chapman, Chiodo, Cohoon, Connors, Cormack, Dix, Doderer, Dolecheck, Dotzler, Drake, Drees, Eddie, Falck, Fallon, Foege, Ford, Frevert, Garman, Gipp, 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, Stevens, Sukup, Sunderbruch, Taylor, Teig, Thomas, Thomson, Tyrrell, Van Engelenhoven, Van Fossen, Warnstadt, Weidman, Weigel, Welter, Whitead, Wise, and Witt, a resolution congratulating the Indian Hills Men's Basketball Team. Laid over under Rule 25. HR 16, by Gipp, Myers, Mascher, Doderer, Corbett, Alons, Arnold, Barry, Baudler, Bell, Blodgett, Boal, Boddicker, Boggess, Bradley, Brauns, Brunkhorst, Bukta, Burnett, Carroll, Cataldo, Chapman, Chiodo, Cohoon, Connors, Cormack, Davis, Dix, Dolecheck, Dotzler, Drake, Drees, Eddie, Falck, Fallon, Foege, Ford, Frevert, Garman, 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, 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, and Witt, a resolution congratulating the University of Iowa Hawkeyes Wrestling Team. Laid over under Rule 25. AMENDMENTS FILED H-1426 H.F. 760 Millage of Scott H-1427 H.F. 760 Murphy of Dubuque H-1428 H.F. 760 Murphy of Dubuque H-1429 S.F. 449 Jochum of Dubuque H-1430 H.F. 760 Osterhaus of Jackson H-1431 H.F. 760 Osterhaus of Jackson H-1432 H.F. 760 Osterhaus of Jackson H-1433 H.F. 760 Osterhaus of Jackson H-1434 S.F. 249 Hoffman of Crawford H-1440 H.F. 747 Rants of Woodbury H-1441 H.F. 760 Raecker of Polk H-1442 H.F. 760 Sukup of Franklin Heaton of Henry H-1443 H.F. 760 Osterhaus of Jackson Myers of Johnson Foege of Linn Bukta of Clinton Reynolds of Van Buren Chapman of Linn Taylor of Linn Falck of Fayette Larkin of Lee Mundie of Webster Cohoon of Des Moines Burnett of Story Scherrman of Dubuque Kuhn of Floyd Connors of Polk Witt of Black Hawk Frevert of Palo Alto Holveck of Polk Mascher of Johnson Murphy of Dubuque Cataldo of Polk Wise of Lee Drees of Carroll Parmenter of Story H-1444 H.F. 760 Heaton of Henry Brunkhorst of Bremer Martin of Scott H-1445 S.F. 449 Fallon of Polk H-1446 S.F. 449 Fallon of Polk H-1447 S.F. 449 Fallon of Polk H-1448 S.F. 449 Fallon of Polk H-1449 H.F. 760 Heaton of Henry Houser of Pottawattamie Arnold of Lucas Blodgett of Cerro Gordo Johnson of Osceola H-1450 S.F. 95 Bradley of Clinton H-1451 H.F. 760 Foege of Linn H-1452 S.F. 449 Fallon of Polk H-1453 S.F. 449 Fallon of Polk H-1454 S.F. 395 Kreiman of Davis Kettering of Sac H-1455 H.F. 760 Heaton of Henry H-1456 H.F. 760 Heaton of Henry Houser of Pottawattamie Arnold of Lucas Blodgett of Cerro Gordo Johnson of Osceola H-1457 H.F. 760 Houser of Pottawattamie Hansen of Pottawattamie H-1458 S.F. 449 Fallon of Polk H-1459 S.F. 449 Fallon of Polk H-1460 S.F. 449 Fallon of Polk H-1461 S.F. 449 Fallon of Polk H-1462 H.F. 760 Houser of Pottawattamie Myers of Johnson H-1463 H.F. 760 Kreiman of Davis Foege of Linn H-1464 H.F. 760 Heaton of Henry Brunkhorst of Bremer Hansen of Pottawattamie H-1465 S.F. 189 Kreiman of Davis H-1466 S.F. 189 Kreiman of Davis Parmenter of Story H-1467 S.F. 449 Grundberg of Polk H-1468 S.F. 449 Mascher of Johnson H-1469 H.F. 760 Heaton of Henry H-1470 H.F. 760 Heaton of Henry H-1471 S.F. 189 Kreiman of Davis Falck of Fayette Parmenter of Story H-1472 S.F. 449 Fallon of Polk H-1477 H.F. 760 Van Engelenhoven of Mahaska Heaton of Henry H-1478 H.F. 760 Heaton of Henry Dix of Butler H-1479 H.F. 760 Myers of Johnson H-1480 H.F. 760 Houser of Pottawattamie Heaton of Henry H-1481 H.F. 760 Carroll of Poweshiek Boddicker of Cedar Thomson of Linn Blodgett of Cerro Gordo Boal of Polk Garman of Story Jager of Black Hawk O'Brien of Boone Alons of Sioux Horbach of Tama Johnson of Osceola Tyrrell of Iowa H-1482 S.F. 449 Fallon of Polk H-1483 S.F. 449 Fallon of Polk Chiodo of Polk Cataldo of Polk H-1484 S.F. 449 Fallon of Polk H-1485 S.F. 449 Fallon of Polk H-1486 H.F. 760 Heaton of Henry H-1487 H.F. 744 Carroll of Poweshiek H-1488 H.F. 497 Metcalf of Polk On motion by Siegrist of Pottawattamie the House adjourned at 6:12 p.m., until 8:45 a.m., Wednesday, April 7, 1999. 1096 JOURNAL OF THE HOUSE 86th Day 86th Day TUESDAY, APRIL 6, 1999 1095
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