House Journal: Monday, April 12, 1999

Ninety-second Calendar Day - Fifty-seventh Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, April 12, 1999
The House met pursuant to adjournment at 1:12 p.m., Speaker 
Corbett in the chair.
Prayer was offered by Father Rassmussen, pastor of St. Cecilia 
Church, Ames.
The Journal of Thursday, April 8, 1999 was approved.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by students from Kanawha.  They 
were the guests of the Honorable Henry Rayhons, state 
representative from Hancock County.
PETITION FILED
The following petition was received and placed on file:
By Larson of Linn, from two hundred constituents favoring a fuel 
quality standard for Iowa.
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 8, 1999, passed the following resolution in which the concurrence of the Senate 
was asked:
House Concurrent Resolution 22, a concurrent resolution recognizing the Annie E. 
Casey Foundation for the Foundation's many contributions to this state's efforts to the 
well-being of Iowa's children and families through community-based reforms.
Also: That the Senate has on April 8, 1999, amended and passed the following bill 
in which the concurrence of the House is asked:
	House File 476, a bill for an act relating to the exercise of the power of eminent 

domain and to condemnation proceedings and providing for the Act's applicability.
Also: That the Senate has on April 8, 1999, passed the following bill in which the 
concurrence of the Senate was asked:
House File 651, a bill for an act relating to implements of husbandry and 
restrictions on the movement of such implements, and other vehicles, upon the 
highways of this state and making penalties applicable.
MICHAEL E. MARSHALL, Secretary
The House stood at ease at 1:20 p.m., until the fall of the gavel.
The House resumed session at 2:44 p.m., Speaker pro tempore 
Rants in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum 
was present.  The vote revealed seventy-four members present, 
twenty-six absent.
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 12, 1999, passed the following bill in which the concurrence of the Senate was 
asked:
House File 293, a bill for an act providing for the administration of assessments 
collected by the Iowa sheep and wool promotion board.
Also: That the Senate has on April 12, 1999, passed the following bill in which the 
concurrence of the Senate was asked:
House File 311, a bill for an act relating to reimbursement, payment, and coverage 
by the state for damages involving individuals providing foster home, guardian, or 
conservator services and providing an effective date.
MICHAEL E. MARSHALL, Secretary
LEAVE OF ABSENCE
Leave of absence was granted as follows:
	Boggess of Taylor on request of Siegrist of Pottawattamie. 

CONSIDERATION OF BILLS
Unfinished Business Calendar
House File 702, a bill for an act relating to clinical privileges in a 
hospital of a physician assistant or advanced registered nurse 
practitioner, was taken up for consideration.
SENATE FILE 277 SUBSTITUTED FOR HOUSE FILE 702
Lord of Dallas asked and received unanimous consent to substitute 
Senate File 277 for House File 702.
Senate File 277, a bill for an act relating to hospital clinical 
privileges of a physician assistant or advanced registered nurse 
practitioner, was taken up for consideration.
Lord of Dallas 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. 277)
	The ayes were, 95:
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	Drees
Eddie	Falck	Fallon	Foege
Ford	Frevert	Garman	Gipp
Greiner	Grundberg	Hahn	Heaton
Hoffman	Holmes	Holveck	Horbach
Houser	Huseman	Huser	Jacobs
Jager	Jenkins	Jochum	Johnson
Kettering	Klemme	Kreiman	Kuhn
Larkin	Lord	Martin	Mascher
May	Mertz	Metcalf	Millage
Mundie	Murphy	Myers	Nelson
O'Brien	Osterhaus	Parmenter	Raecker
Rayhons	Reynolds	Richardson	Scherrman
Schrader	Shoultz	Siegrist	Stevens^
Sukup	Sunderbruch	Taylor	Teig
Thomas	Thomson	Tyrrell	Van Engelenhoven
Van Fossen	Warnstadt	Weidman	Welter
Wise	Witt	Rants,
			  Presiding
	The nays were, none.
	Absent or not voting, 5:
Boggess	Hansen	Larson	Weigel
Whitead	
The bill having received a constitutional majority was declared to 
have passed the House and the title was agreed to.
HOUSE FILE 702 WITHDRAWN 
Lord of Dallas asked and received unanimous consent to withdraw 
House File 702 from further consideration by the House.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent 
that Senate File 277 be immediately messaged to the Senate.
Speaker Corbett in the chair at 2:28 p.m.
Senate File 410, a bill for an act providing for the regulation of 
viatical settlement contracts when sold as investments, 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. 410)
	The ayes were, 93:
Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
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	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	Richardson	Scherrman	Schrader
Shoultz	Siegrist	Stevens	Sukup
Sunderbruch	Taylor	Teig	Thomas
Thomson	Tyrrell	Van Engelenhoven	Van Fossen
Warnstadt	Weidman	Welter	Wise
Mr. Speaker
  Corbett
	The nays were, 2:
Doderer	Parmenter
	Absent or not voting, 5:
Boggess	Hansen	Weigel	Whitead
Witt	
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 410 be immediately messaged to the Senate.
Senate File 51, a bill for an act authorizing a county conservation 
board to cooperate with private, not-for-profit organizations to carry 
out conservation and recreation programs, with report of committee 
recommending passage, was taken up for consideration.
Alons of Sioux 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. 51)
		The ayes were, 96:

Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
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	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
Welter	Wise	Witt	Mr. Speaker
				  Corbett
	The nays were, none.
	Absent or not voting, 4:
Boggess	Hansen	Weigel	Whitead
The bill having received a constitutional majority was declared to 
have passed the House and the title was agreed to.
Senate File 309, a bill for an act relating to the interception of 
communications and providing penalties, with report of committee 
recommending passage, was taken up for consideration.
Kreiman of Davis 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. 309)
		The ayes were, 89:

Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Bradley	Brauns	Brunkhorst	Bukta
Burnett	Carroll	Cataldo	Chiodo
Cohoon	Cormack	Davis	Dix
Dolecheck	Dotzler	Drake	Eddie
Falck	Foege	Ford	Frevert
Garman	Gipp	Greiner	Hahn
Hansen	Heaton	Hoffman	Holmes
Holveck	Horbach	Houser	Huseman
Huser	Jacobs	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	Welter	Wise
Mr. Speaker
  Corbett
	The nays were, 4:
Chapman	Doderer	Fallon	Witt	
	Absent or not voting, 6:
Boggess	Connors	Drees	Grundberg
Weigel	Whitead	
Under the provision of Rule 76, conflict of interest, Jager of Black 
Hawk refrained from voting.
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 51 and 309.
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 12, 1999, passed the following bill in which the concurrence of the Senate was 
asked:
House File 313, a bill for an act creating the new criminal offense of disarming a 
peace officer of a dangerous weapon.
Also: That the Senate has on April 12, 1999, amended and passed the following bill 
in which the concurrence of the House is asked:
House File 624, a bill for an act relating to electronic commerce security, and 
providing penalties.
Also: That the Senate has on April 12, 1999, passed the following bill in which the 
concurrence of the Senate was asked:
House File 713, a bill for an act relating to protective orders for domestic abuse.
Also: That the Senate has on April 12, 1999, passed the following bill in which the 
concurrence of the Senate was asked:
House File 745, a bill for an act appropriating funds to the department of economic 
development, certain board of regents institutions, the department of workforce 
development, and the public employment relations board, making related statutory 
changes, and providing an effective date.
Also: That the Senate has on April 12, 1999, concurred in the House amendment 
and passed the following bill in which the concurrence of the Senate was asked:
Senate File 216, a bill for an act relating to the commitment of sexually violent 
predators, by changing the deadline for filing a petition by the attorney general; 
providing for waiver or continuance of the probable cause hearing; granting greater 
enforcement power to the prosecuting attorney; extending the time to hold a trial; 
establishing supervised release for sexually violent persons who have been 
rehabilitated; providing for the preservation of certain child abuse reports; and 
providing the department of justice with access to such reports.
Also: That the Senate has on April 12, 1999, concurred in the House amendment 
and passed the following bill in which the concurrence of the Senate was asked:
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.
Also: That the Senate has on April 12, 1999, passed the following bill in which the 
concurrence of the House is asked:
	Senate File 458, a bill for an act relating to information required to be placed on 

property tax statements.
MICHAEL E. MARSHALL, Secretary
House File 744, a bill for an act relating to reductions in the state 
individual income tax by increasing the deduction for pension income 
and increasing the personal and dependent credits, and including a 
retroactive applicability date provision, was taken up for 
consideration.
The House stood at ease at 3:28 p.m., until the fall of the gavel.
The House resumed session at 4:45 p.m., Speaker Corbett in the 
chair.
Shoultz of Black Hawk asked and received unanimous consent to 
withdraw amendment H-1283 filed by him on March 29, 1999.
Shoultz of Black Hawk offered amendment H?1537 filed by him 
from the floor as follows:
H-1537
 1     Amend House File 744 as follows:
 2     1.  By striking everything after the enacting
 3   clause and inserting the following:
 4     "Section 1.  Section 257.1, subsection 2,
 5   unnumbered paragraph 2, Code 1999, is amended to read
 6   as follows:
 7     For the budget year commencing July 1, 1996 1999,
 8   and for each succeeding budget year the regular
 9   program foundation base per pupil is eighty-seven
10   eighty-eight and five-tenths percent of the regular
11   program state cost per pupil, except that the regular
12   program foundation base per pupil for the 
portion of
13   weighted enrollment that is additional enrollment
14   because of special education is seventy-nine 
percent
15   of the regular program state cost per 
pupil.  For the
16   budget year commencing July 1, 1991 1999, and for each
17   succeeding budget year the special education support
18   services foundation base is seventy-nine eighty-eight
19   and five-tenths percent of the special education
20   support services state cost per pupil.  The combined
21   foundation base is the sum of the regular program
22   foundation base and the special education support
23   services foundation base.
24     Sec. 2.  Section 257.3, subsection 1, unnumbered

25   paragraph 1, Code 1999, is amended to read as follows:
26     AMOUNT OF TAX. Except as provided in subsections 
2
27   and 3, a A school district shall cause to be levied
28   each year, for the school general fund, a foundation
29   property tax equal to five dollars and forty fifty
30   cents per thousand dollars of assessed valuation on
31   all taxable property in the district.  The county
32   auditor shall spread the foundation levy over all
33   taxable property in the district.
34     Sec. 3.  Section 257.3, subsections 2 and 3, Code
35   1999, are amended by striking the subsections.
36     Sec. 4.  Section 257.3, subsection 4, Code 1999, is
37   amended to read as follows:
38     4.  RAILWAY CORPORATIONS.  For purposes of section
39   257.1, the "amount per pupil of foundation property
40   tax" does not include the tax levied under subsection
41   1, 2, or 3 on the property of a railway corporation,
42   or on its trustee if the corporation has been declared
43   bankrupt or is in bankruptcy proceedings.
44     Sec. 5. NEW SECTION.  257.14A  ON-TIME FUNDING FOR
45   SPECIAL EDUCATION.
46     Commencing with the budget year beginning July 1,
47   1999, if a school district's additional enrollment
48   because of special education determined by the
49   district on December 1 in the budget year is greater
50   than its additional enrollment because of special
Page 2  
 1   education determined by the district on December 1 in
 2   the base year, the school district is entitled to on-
 3   time funding from the state in an amount equal to its
 4   district cost per pupil for the budget year multiplied
 5   by the district's increase in additional enrollment
 6   because of special education.  The additional funding
 7   shall be miscellaneous income.
 8     For the purpose of this section, a school
 9   district's additional enrollment because of special
10   education is determined by multiplying the weighting
11   for each category of child under section 256B.9 times
12   the number of children in each category totaled for
13   all categories minus the total number of children in
14   all categories.
15     If a district receives additional funding under
16   this section for a budget year, the department of
17   management shall determine the amount of the
18   additional funding which would have been generated by
19   local property tax revenues in proportion to the
20   amount of funding actually received pursuant to this
21   section, if the additional enrollment because of
22   special education in the budget year had been used for
23   that budget year in determining combined district

24   cost, shall reduce, but not by more than the amount of
25   the additional funding, the district's total state
26   school aids available under this chapter for the next
27   following budget year by the amount so determined, and
28   shall increase the district's additional property tax
29   levy for the next following budget year by the amount
30   necessary to compensate for the reduction in state
31   aid, so that the local property tax for the next
32   following year will be increased only by the amount
33   which would have been increased in the budget year if
34   the additional enrollment because of special education
35   in the budget year could have been used to establish
36   the levy.
37     There is appropriated each year from the general
38   fund of the state to the department of education the
39   amount required to pay on-time funding authorized
40   under this section, up to a maximum of thirteen
41   million dollars annually, which shall be paid to
42   school districts in the same manner as other state
43   aids are paid under section 257.16.  If the amount
44   appropriated is insufficient to provide the full
45   amount of on-time funding, the payments to school
46   districts shall be prorated such that each school
47   district shall receive an amount of on-time funding
48   equal to the percentage that the on-time funding to be
49   provided to the school district bears to the total
50   amount of on-time funding to be provided to all school
Page 3
 1   districts.
 2     Sec. 6.  Section 422.7, subsection 31, Code 1999,
 3   is amended to read as follows:
 4     31.  For a person who is disabled, or is fifty-five
 5   years of age or older, or is the surviving spouse of
 6   an individual or a survivor having an insurable
 7   interest in an individual who would have qualified for
 8   the exemption under this subsection for the tax year,
 9   subtract, to the extent included, the total amount of
10   a governmental or other pension or retirement pay,
11   including, but not limited to, defined benefit or
12   defined contribution plans, annuities, individual
13   retirement accounts, plans maintained or contributed
14   to by an employer, or maintained or contributed to by
15   a self-employed person as an employer, and deferred
16   compensation plans or any earnings attributable to the
17   deferred compensation plans, up to a maximum of five
18   six thousand dollars for a person, other than a
19   husband or wife, who files a separate state income tax
20   return and up to a maximum of ten twelve thousand
21   dollars for a husband and wife who file a joint state
22   income tax return.  However, a surviving spouse who is

23   not disabled or fifty-five years of age or older can
24   only exclude the amount of pension or retirement pay
25   received as a result of the death of the other spouse.
26   A husband and wife filing separate state income tax
27   returns or separately on a combined state return are
28   allowed a combined maximum exclusion under this
29   subsection of up to ten twelve thousand dollars.  The
30   ten twelve thousand dollar exclusion shall be
31   allocated to the husband or wife in the proportion
32   that each spouse's respective pension and retirement
33   pay received bears to total combined pension and
34   retirement pay received.
35     Sec. 7.  Section 425A.3, subsection 1, Code 1999,
36   is amended to read as follows:
37     1.  The family farm tax credit fund shall be
38   apportioned each year in the manner provided in this
39   chapter so as to give a credit against the tax on each
40   eligible tract of agricultural land within the several
41   school districts of the state in which the levy for
42   the general school fund exceeds five dollars and forty
43   fifty cents per thousand dollars of assessed value.
44   The amount of the credit on each eligible tract of
45   agricultural land shall be the amount the tax levied
46   for the general school fund exceeds the amount of tax
47   which would be levied on each eligible tract of
48   agricultural land were the levy for the general school
49   fund five dollars and forty fifty cents per thousand
50   dollars of assessed value for the previous year.
Page 4
 1   However, in the case of a deficiency in the family
 2   farm tax credit fund to pay the credits in full, the
 3   credit on each eligible tract of agricultural land in
 4   the state shall be proportionate and applied as
 5   provided in this chapter.
 6     Sec. 8.  Section 425A.5, Code 1999, is amended to
 7   read as follows:
 8     425A.5  COMPUTATION BY COUNTY AUDITOR.
 9     The family farm tax credit allowed each year shall
10   be computed as follows:  On or before March 1, the
11   county auditor shall list by school districts all
12   tracts of agricultural land which are entitled to
13   credit, the taxable value for the previous year, the
14   budget from each school district for the previous
15   year, and the tax rate determined for the general fund
16   of the school district in the manner prescribed in
17   section 444.3 for the previous year, and if the tax
18   rate is in excess of five dollars and forty fifty
19   cents per thousand dollars of assessed value, the
20   auditor shall multiply the tax levy which is in excess
21   of five dollars and forty fifty cents per thousand

22   dollars of assessed value by the total taxable value
23   of the agricultural land entitled to credit in the
24   school district, and on or before March 1, certify the
25   total amount of credit and the total number of acres
26   entitled to the credit to the department of revenue
27   and finance.
28     Sec. 9.  Section 426.3, Code 1999, is amended to
29   read as follows:
30     426.3  WHERE CREDIT GIVEN.
31     The agricultural land credit fund shall be
32   apportioned each year in the manner hereinafter
33   provided in this chapter so as to give a credit
34   against the tax on each tract of agricultural lands
35   within the several school districts of the state in
36   which the levy for the general school fund exceeds
37   five dollars and forty fifty cents per thousand
38   dollars of assessed value; the.  The amount of such
39   credit on each tract of such lands shall be the amount
40   the tax levied for the general school fund exceeds the
41   amount of tax which would be levied on said the tract
42   of such lands were the levy for the general school
43   fund five dollars and forty fifty cents per thousand
44   dollars of assessed value for the previous year,
45   except.  However, in the case of a deficiency in the
46   agricultural land credits fund to pay said credits in
47   full, in which case the credit on each eligible tract
48   of such lands in the state shall be proportionate and
49   shall be applied as hereinafter provided in this
50   chapter.
Page 5
 1     Sec. 10.  Section 426.6, unnumbered paragraph 1,
 2   Code 1999, is amended to read as follows:
 3     The agricultural land tax credit allowed each year
 4   shall be computed as follows:  On or before the first
 5   of June the county auditor shall list by school
 6   districts all tracts of agricultural lands which they
 7   are entitled to credit, together with the taxable
 8   value for the previous year, together with the budget
 9   from each school district for the previous year, and
10   the tax rate determined for the general fund of the
11   district in the manner prescribed in section 444.3 for
12   the previous year, and if such the tax rate is in
13   excess of five dollars and forty fifty cents per
14   thousand dollars of assessed value, the auditor shall
15   multiply the tax levy which is in excess of five
16   dollars and forty fifty cents per thousand dollars of
17   assessed value by the total taxable value of the
18   agricultural lands entitled to credit in the district,
19   and on or before the first of June certify the amount
20   to the department of revenue and finance.

21     Sec. 11.  EFFECTIVE DATE.
22     1.  Sections 1 through 5 of this Act, being deemed
23   of immediate importance, take effect upon enactment
24   for the computation of state school aid for school
25   budget years beginning on or after July 1, 1999.
26     2.  Section 6 of this Act applies retroactively to
27   January 1, 1999, for tax years beginning on or after
28   that date.
29     3.  Sections 7 through 10 of this Act take effect
30   January 1, 2000, for the computation of the family
31   farm tax credit and agricultural land tax credit for
32   property taxes due and payable in fiscal years
33   beginning on or after July 1, 2000."
34     2.  Title page, by striking lines 1 through 4 and
35   inserting the following:  "An Act relating to income
36   tax and property tax relief by increasing the
37   deduction for pension income under the state income
38   tax, increasing the school foundation base, providing
39   an increase in the uniform levy, providing on-time
40   funding for special education under the school
41   foundation aid program, and including effective and
42   applicability date provisions."
Blodgett of Cerro Gordo rose on a point of order that amendment 
H-1537 was not germane.
The Speaker ruled the point well taken and amendment H-1537 
not germane.
Schrader of Marion asked for unanimous consent to suspend the 
rules to consider amendment H-1537.
Objection was raised.
Schrader of Marion moved to suspend the rules to consider 
amendment H-1537.
Roll call was requested by Schrader of Marion and Siegrist of 
Pottawattamie.
Rule 75 was invoked.
On the question "Shall the rules be suspended to consider 
amendment H-1537?" (H.F. 744)
		The ayes were, 43:

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
Whitead	Wise	Witt	
	The nays were, 54:
Alons	Arnold	Barry	Baudler
Blodgett	Boal	Boddicker	Bradley
Brauns	Brunkhorst	Carroll	Cormack
Davis	Dix	Dolecheck	Drake
Garman	Gipp	Greiner	Grundberg
Hahn	Hansen	Heaton	Hoffman
Holmes	Horbach	Houser	Huseman
Jacobs	Jager	Jenkins	Johnson
Kettering	Klemme	Larson	Lord
Martin	Metcalf	Millage	Nelson
Raecker	Rants	Rayhons	Siegrist
Sukup	Sunderbruch	Teig	Thomson
Tyrrell	Van Engelenhoven	Van Fossen	Weidman
Welter	Mr. Speaker
		  Corbett
	Absent or not voting, 3:
Boggess	Eddie	Weigel	
The motion to suspend the rules lost.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Weigel of Chickasaw on request of Shoultz of Black Hawk.
Carroll of Poweshiek asked and received unanimous consent to 
withdraw amendment H-1487 filed by him on April 6, 1999.
Thomas of Clayton asked and received unanimous consent to 
withdraw amendment H-1290 filed by him on March 29, 1999.
	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?" (H.F. 744)
	The ayes were, 60:
Alons	Arnold	Barry	Baudler
Blodgett	Boal	Boddicker	Bradley
Brauns	Brunkhorst	Carroll	Cormack
Davis	Dix	Dolecheck	Drake
Eddie	Garman	Gipp	Greiner
Grundberg	Hahn	Hansen	Heaton
Hoffman	Holmes	Horbach	Houser
Huseman	Jacobs	Jager	Jenkins
Johnson	Kettering	Klemme	Kreiman
Larson	Lord	Martin	Metcalf
Millage	Mundie	Nelson	O'Brien
Raecker	Rants	Rayhons	Reynolds
Siegrist	Sukup	Sunderbruch	Teig
Thomas	Thomson	Tyrrell	Van Engelenhoven
Van Fossen	Weidman	Welter	Mr. Speaker
				  Corbett
	The nays were, 38:
Bell	Bukta	Burnett	Cataldo
Chapman	Chiodo	Cohoon	Connors
Doderer	Dotzler	Drees	Falck
Fallon	Foege	Ford	Frevert
Holveck	Huser	Jochum	Kuhn
Larkin	Mascher	May	Mertz
Murphy	Myers	Osterhaus	Parmenter
Richardson	Scherrman	Schrader	Shoultz
Stevens	Taylor	Warnstadt	Whitead
Wise	Witt	
	Absent or not voting, 2:
Boggess	Weigel	
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 744 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 
April 12, 1999, passed the following bill in which the concurrence of the Senate was 
asked:
House File 375, a bill for an act eliminating the requirement that information 
relating to open-end credit accounts and credit cards be filed with the treasurer of 
state.
Also: That the Senate has on April 12, 1999, passed the following bill in which the 
concurrence of the Senate was asked:
House File 445, a bill for an act relating to the rights of a dissenting shareholder of 
a state bank.
Also: That the Senate has on April 12, 1999, amended and passed the following bill 
in which the concurrence of the House is asked:
House File 458, a bill for an act relating to the role of an auctioneer in conducting a 
public sale or auction involving real property.
Also: That the Senate has on April 12, 1999, passed the following bill in which the 
concurrence of the Senate was asked:
House File 489, a bill for an act eliminating certain requirements relating to the 
regulation of infectious waste.
Also: That the Senate has on April 12, 1999, amended and passed the following bill 
in which the concurrence of the House is asked:
House File 498, a bill for an act defining as a fraudulent practice certain creation or 
use of retail sales receipts or universal price code labels, and applying penalties.
Also: That the Senate has on April 12, 1999, amended and passed the following bill 
in which the concurrence of the House is asked:
House File 531, a bill for an act providing for the certification of manure applicators 
by delaying dates required for certification, and providing an effective date.
Also: That the Senate has on April 12, 1999, passed the following bill in which the 
concurrence of the Senate was asked:
House File 741, a bill for an act relating to the authorization requirements for 
psychiatric medical institutions for children and providing an effective date.
Also: That the Senate has on April 12, 1999, concurred in the House amendment 
and passed the following bill in which the concurrence of the Senate was asked:
	Senate File 149, a bill for an act establishing a time limit for disallowance or 

reduction of motor vehicle warranty claims, relating to establishment of motor vehicle 
service or warranty facilities, and making a penalty applicable.
MICHAEL E. MARSHALL, Secretary
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, with report of committee 
recommending passage, was taken up for consideration.
Dotzler 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. 146)
	The ayes were, 98:
Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
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	Welter	Whitead	Wise
Witt	Mr. Speaker
		  Corbett
	The nays were, none.
		Absent or not voting, 2:

Boggess	Weigel
The bill having received a constitutional majority was declared to 
have passed the House and the title was agreed to.
Eddie of Buena Vista in the chair at 5:35 p.m.
Senate File 282, a bill for an act relating to practices and 
procedures of the department of general services, regulating state 
purchasing of recycled paper, modifying an appropriation to the 
department, and providing an effective date, with report of committee 
recommending passage, was taken up for consideration.
Brauns of Muscatine moved that the bill be read a last time now 
and placed upon its passage which motion prevailed and the bill was 
read a last time.
On the question "Shall the bill pass?" (S.F. 282)
	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	Drees
Falck	Fallon	Foege	Ford
Garman	Gipp	Greiner	Grundberg
Hahn	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	Welter
Whitead	Wise	Witt	Eddie,
				  Presiding
		The nays were, 1:

Frevert	
	Absent or not voting, 3:
Boggess	Hansen	Weigel
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 146 and 282.
Senate File 254, a bill for an act relating to the emergency 
management division of the department of public defense by 
authorizing fees for radiological detection equipment maintenance 
services, by authorizing financial assistance to local governments for 
emergency management purposes, by directing a report to the general 
assembly by the division director, and by providing an effective date, 
with report of committee recommending passage, was taken up for 
consideration.
Van Engelenhoven of Mahaska moved that the bill be read a last 
time now and placed upon its passage which motion prevailed and the 
bill was read a last time.
On the question "Shall the bill pass?" (S.F. 254)
	The ayes were, 96:
Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Bradley	Brauns	Brunkhorst	Bukta
Burnett	Carroll	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	Warnstadt	Weidman	Welter
Whitead	Wise	Witt	Eddie,
				  Presiding
	The nays were, none.
	Absent or not voting, 4:
Boggess	Cataldo	Van Fossen	Weigel
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 254 be immediately messaged to the Senate.
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 and  credit unions from liability associated 
with such access, with report of committee recommending 
amendment and passage, was taken up for consideration.
Johnson of Osceola offered the following amendment H-1380 filed 
by the committee on commerce and regulation and moved its 
adoption:
H-1380
 1     Amend Senate File 413, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 2, line 9, by striking the word
 4   "officers" and inserting the following:  "employees".
 5     2.  Page 2, line 16, by striking the word
 6   "officers" and inserting the following:  "employees".
 7     3.  Page 2, line 23, by striking the word
 8   "officers" and inserting the following:  "bank

 9   employees".
10     4.  Page 4, line 21, by striking the word
11   "officers" and inserting the following:  "employees".
12     5.  Page 4, line 29, by striking the word
13   "officers" and inserting the following:  "employees".
14     6.  Page 5, line 1, by striking the word
15   "officers" and inserting the following:  "credit union
16   employees".
The committee amendment H-1380 was adopted.
Johnson of Osceola offered the following amendment H?1540 filed 
by him from the floor and moved its adoption:
H-1540
 1     Amend Senate File 413, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  By striking page 1, line 35, through page 2,
 4   line 2, and inserting the following:  "over the
 5   decedent's estate."
 6     2.  Page 4, by striking lines 12 through 14 and
 7   inserting the following:  "over the decedent's
 8   estate."
Amendment H?1540 was adopted.
Johnson of Osceola 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. 413)
	The ayes were, 93:
Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Bradley	Brauns	Brunkhorst	Bukta
Burnett	Carroll	Chapman	Chiodo
Cohoon	Connors	Corbett, Spkr.	Cormack
Davis	Dix	Doderer	Dolecheck
Dotzler	Drake	Drees	Falck
Foege	Ford	Frevert	Garman
Gipp	Greiner	Hahn	Hansen
Heaton	Holmes	Holveck	Horbach
Houser	Huseman	Huser	Jacobs
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
Welter	Whitead	Wise	Witt
Eddie,
  Presiding
	The nays were, 1:
Fallon	
	Absent or not voting, 6:
Boggess	Cataldo	Grundberg	Hoffman
Jager	Weigel
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 413 be immediately messaged to the Senate.
SPONSOR ADDED
(House File 595)
Sunderbruch of Scott requested to be added as a sponsor of House 
File 595.
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on April 12, 
1999. Had I been present, I would have voted "aye" on Senate Files 
51, 277 and 410.
HANSEN of Pottawattamie
COMMUNICATION RECEIVED

The following communication was received and filed in the office of 
the Chief Clerk:
AUDITOR OF STATE
The Single Audit Report of the State of Iowa covering the fiscal year ended June 30, 
1998, pursuant to Chapter 99E.20(3), Code of Iowa.
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 12th day of April, 1999: House Files 136, 144, 
387 and 743.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
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\630	Helen Buhr, Sumner - For celebrating her 85th birthday.
1999\631	Walter Freet, Independence - For celebrating his 90th birthday.
1999\632	Ruth Arthaud, Stanley - For celebrating her 80th birthday.
1999\633	Kenneth Sheridan, Davenport - For celebrating his 90th birthday.
1999\634	Martha Westphal, Davenport - For celebrating her 94th birthday.
1999\635	Jane and Joseph Dunlavy, Clinton - For celebrating their 50th wedding 
anniversary.
1999\636	Dorothy and Henry Coenen, Woodbine - For celebrating their 50th 

wedding anniversary.
1999\637	Agnes and Earl Weber, Dunlap - For celebrating their 60th wedding 
anniversary.
1999\638	Dr. Joseph Petrikonis, Woodbine - For celebrating his 90th birthday.
1999\639	Madylon Dale, Logan - For celebrating her 80th birthday.
1999\640	Georgia Koski, Dunlap - For celebrating her 80th birthday.
1999\641	Margaret Osterfoss, Ottumwa - For celebrating her 90th birthday.
1999\642	Kathryn and John Vander Plaats, Sheldon - For celebrating their 50th 
wedding anniversary.
1999\643	Edna and Abe "Bud" DeGroot, Sheldon - For celebrating their 50th 
wedding anniversary.
1999\644	Mr. and Mrs. Chuck Merrill, Muscatine - For celebrating their 60th 
wedding anniversary.
1999\645	Mr. and Mrs. Rudolph Chick, Sr., Muscatine - For celebrating their 
50th wedding anniversary.
1999\646	Alex Koenigs, Riceville - For winning the 1999 Iowa National 
Geography contest, he has won in his school every year except one 
since 2nd grade, and came in 3rd at state in 1997.
1999\647	Luella Hutchings, Ottumwa - For celebrating her 80th birthday.
1999\648	Dominique Selgrade, Indianola - For being named to the 1999 All-
Academic State Wrestling Second Team.
1999\649	Dixie and Forrest Miller, Monmouth - For celebrating their 50th 
wedding anniversary.
1999\650	Marielda and Bob Klemme, Preston - For celebrating their 50th 
wedding anniversary.
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

Senate File 210, a bill for an act increasing the minimum daily pay for members of 
the Iowa national guard while in state active service.
Fiscal Note is not required. 
Recommended Do Pass April 12, 1999.
Committee Bill (Formerly House File 690), 	relating to the national board certifi-
cation awards and establishing a national board certification pilot project.
Fiscal Note is not required. 
Recommended Amend and Do Pass April 12, 1999.
Committee Bill (Formerly House File 691), relating to vocational-technical tuition 
grants and certain student loan funds under the control of the college student aid 
commission, adding an agency operating account, and authorizing the commission to 
expend moneys as authorized by the federal Higher Education Act of 1965.
Fiscal Note is not required. 
Recommended Do Pass April 12, 1999.
RESOLUTIONS FILED
HR 18, by Foege, Grundberg, Brunkhorst, Corbett, Siegrist, Alons, 
Arnold, Barry, Baudler, Bell, Blodgett, Boal, Boddicker, Boggess, 
Bradley, Brauns, Bukta, Burnett, Carroll, Cataldo, Chapman, 
Chiodo, Cohoon, Connors, Cormack, Davis, Dix, Doderer, Dolecheck, 
Dotzler, Drake, Drees, Eddie, Falck, Fallon, Ford, Frevert, Garman, 
Gipp, Greiner, Hahn, Hansen, Heaton, Hoffman, Holmes, Holveck, 
Horbach, Houser, Huseman, Huser, Jacobs, Jager, Jenkins, Jochum, 
Johnson, Kettering, Klemme, Kreiman, Kuhn, Larkin, Larson, Lord, 
Martin, Mascher, May, Mertz, Metcalf, Millage, Mundie, Murphy, 
Myers, Nelson, O'Brien, Osterhaus, Parmenter, Raecker, 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 Wartburg College Wrestling Team.
Laid over under Rule 25.
HR 19, by Shoultz, Jenkins, Dotzler, Doderer, Chapman, Ford, 

Schrader, Siegrist, Mascher, Witt, and Raecker, a resolution honoring 
Nina Smith for being named girls' high school basketball National 
Player of the Year.
Laid over under Rule 25.
AMENDMENTS FILED
H-1529	S.F.	276	Osterhaus of Jackson
H-1530	S.F.	276	Chapman of Linn
H-1531	S.F.	437	Larson of Linn
H-1532	S.F.	276	Osterhaus of Jackson
H-1533	S.F.	395	Kettering of Sac
H-1534	S.F.	464	Scherrman of Dubuque
H-1535	H.F.	737	Nelson of Marshall
H-1536	H.F.	476	Senate Amendment
H-1541	H.F.	624	Senate Amendment
H-1542	S.F.	137	Mascher of Johnson
			Raecker of Polk
H-1543	S.F.	324	Metcalf of Polk
			Ford of Polk
H-1544	S.F.	324	Murphy of Dubuque
H-1545	S.F.	393	Huser of Polk
			Brauns of Muscatine
H-1546	S.F.	424	Richardson of Warren
H-1547	S.F.	424	Taylor of Linn
Warnstadt of Woodbury	Whitead of Woodbury
May of Worth		Bukta of Clinton
Dotzler of Black Hawk		Cohoon of Des Moines
Kreiman of Davis		Foege of Linn
Huser of Polk		Jochum of Dubuque
Doderer of Johnson		Chapman of Linn
Connors of Polk		Holveck of Polk
Larkin of Lee		Mertz of Kossuth
Schrader of Marion		Murphy of Dubuque
Parmenter of Story		Fallon of Polk
Reynolds of Van Buren		Falck of Fayette
Myers of Johnson
H-1548	S.F.	337	Carroll of Poweshiek
H-1549	H.F.	737	Nelson of Marshall
H-1550	H.F.	498	Senate Amendment

H-1551	H.F.	531	Senate Amendment
H-1552	H.F.	458	Senate Amendment
H-1553	S.F.	405	Chapman of Linn
H-1554	S.F.	405	Chapman of Linn
H-1555	S.F.	424	Thomas of Clayton
H-1556	H.F.	762	Brunkhorst of Bremer
			Cataldo of Polk
			Jacobs of Polk
H-1557	H.F.	762	Jenkins of Black Hawk
On motion by Siegrist of Pottawattamie the House adjourned at 
5:55 p.m., until 8:45 a.m., Tuesday, April 13, 1999.
Correction to the Journal
Page 1148 - Amendment H-1492 should be by the committee on appropriations.
1192	JOURNAL OF THE HOUSE	92nd Day
92nd Day	MONDAY, APRIL 12, 1999	1193

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