House Journal: Wednesday, April 14, 1999

Ninety-fourth Calendar Day - Fifty-ninth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, April 14, 1999
The House met pursuant to adjournment at 8:48 a.m., Speaker 
Corbett in the chair.
Prayer was offered by the Administrative Assistant to the Majority 
Leader, Susan Severino. 
The Journal of Tuesday, April 13, 1999 was approved.
PETITIONS FILED
The following petitions were received and placed on file:
By Bukta of Clinton, from twenty constituents of the 38th district 
favoring the establishment of a fuel quality standard.
By Falck of Fayette, from twenty constituents favoring a fuel 
quality standard for Iowa.
By Mertz of Kossuth, from five thousand nine hundred sixty-two 
Iowans, favoring Iowa's Bottle Bill.
By Mertz of Kossuth, from eighteen constituents favoring a fuel 
quality standard for Iowa.
By Welter of Jones, from three hundred seventy constituents 
favoring a fuel quality standard in Iowa.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that the Senate has on 
April 13, 1999, passed the following bill in which the concurrence of the House is asked:
Senate File 469, a bill for an act relating to the state sales and use taxes by 
providing for the effective date for any rate increase or decrease, filing of consolidated 
sales tax returns by affiliated corporations, changing the statute of limitations for 

assessing tax and applying for refunds and relating to local sales and services taxes by 
providing the effective dates for imposing, repealing, or changing rates, allowing cities 
in more than one county to impose the tax, providing for refunds of tax payable to 
construction contractors, allowing for 28E agreements to be entered into between 
school districts and counties or other school districts, and providing for utilization of 
excess revenue for property tax reduction, and including retroactive applicability and 
effective dates.
MICHAEL E. MARSHALL, Secretary
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Boggess of Taylor and Boddicker of Cedar, on request of Siegrist of Pottawattamie. 
SENATE MESSAGE CONSIDERED
Senate File 469, by committee on ways and means, a bill for an 
act relating to the state sales and use taxes by providing for the 
effective date for any rate increase or decrease, filing of consolidated 
sales tax returns by affiliated corporations, changing the statute of 
limitations for assessing tax and applying for refunds and relating to 
local sales and services taxes by providing the effective dates for 
imposing, repealing, or changing rates, allowing cities in more than 
one county to impose the tax, providing for refunds of tax payable to 
construction contractors, allowing for 28E agreements to be entered 
into between school districts and counties or other school districts, 
and providing for utilization of excess revenue for property tax 
reduction, and including retroactive applicability and effective dates.
Read first time and referred to committee on ways and means.
TEACHER OF THE DAY
Houser of Pottawattamie presented to the House, Barbara 
Cunningham, teacher of Shenandoah school.
BUSINESS PENDING AT ADJOURNMENT
(Senate File 276)
The House resumed consideration of Senate File 276, a bill for an 
act relating to health care service and treatment coverage by 
providing for continuity of care, discussion and advocacy of 

treatment options, coverage of emergency room services, utilization 
review requirements, and an external review process, and providing 
an effective date.
Chapman of Linn offered amendment H?1185 filed by her and 
Osterhaus of Jackson as follows:
H-1185
 1     Amend Senate File 276, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 7, line 18, by inserting after the word
 4   "under" the following:  "the carrier or organized
 5   delivery systems internal review process, if any, and
 6   under".
 7     2.  Page 7, line 19, by inserting after the word
 8   "process." the following:  "The carrier or organized
 9   delivery system's internal review process shall be
10   completed within fourteen days of a request for
11   internal review."
12     3.  Page 9, by striking lines 29 through 31 and
13   inserting the following:
14     "1.  The commissioner, at the time the commissioner
15   determines that a request is eligible for external
16   review, shall do all of the".
17     4.  Page 10, line 5, by inserting after the word
18   "member." the following:  "The independent review
19   entity or an individual who is part of an independent
20   review entity shall not have ever received more than
21   one percent of the entity's or individual's gross
22   annual income for any tax year from the carrier or
23   organized delivery system."
24     5.  Page 10, line 6, by striking the word "and".
25     6.  Page 10, line 7, by inserting after the word
26   "provider," the following:  "and the carrier or
27   organized delivery system,".
28     7.  Page 10, by striking lines 8 through 13 and
29   inserting the following:  "independent review entity
30   and of the enrollee's, treating health care
31   provider's, and carrier's or organized delivery
32   system's right to submit additional information.  The
33   enrollee, the enrollee's treating health care provider
34   acting on behalf of the enrollee, or the carrier or
35   organized delivery system may object to the
36   independent review entity selected by the commissioner
37   by notifying the commissioner within three".
38     8.  Page 10, by striking line 22 and inserting the
39   following:
40     "1A.  The carrier or organized delivery system,
41   within three business days of notification of an

42   independent review, shall do the following:
43     a.  Provide the independent review entity with any
44   information submitted to the carrier or".
45     9.  Page 10, by striking line 27 and inserting the
46   following:
47     "b.  Provide the independent review entity, the
48   enrollee, and enrollee's treating health care provider
49   with any other relevant documents used by the".
50     10.  Page 11, line 3, by inserting after the word
Page 2  
 1   "entity" the following:  ", unless good cause can be
 2   shown for the failure to provide the information
 3   within the ten-day period".
 4     11.  Page 11, line 11, by inserting after the word
 5   "entity" the following:  ", unless good cause can be
 6   shown for the failure to provide the information
 7   within the ten-day period".
 8     12.  Page 11, line 24, by inserting after the word
 9   "conducted" the following:  ", and a decision
10   submitted,".
11     13.  By renumbering as necessary.
Osterhaus of Jackson asked and received unanimous consent that 
amendment H-1524, to amendment H-1185, be deferred.
Osterhaus of Jackson offered the following amendment H?1529, to 
amendment H?1185, filed by him and moved its adoption:
H-1529
 1     Amend the amendment, H-1185, to Senate File 276, as
 2   amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  Page 1, by striking lines 3 through 11.
 5     2.  By renumbering as necessary.
Amendment H?1529 was adopted, placing amendment H-1524 
filed by Osterhaus on April 12, 1999, previously deferred, out of order.
Chapman of Linn offered the following amendment H?1530, to 
amendment H?1185, filed by her and moved its adoption:
H-1530
 1     Amend the amendment, H-1185, to Senate File 276, as
 2   amended, passed, and reprinted by the Senate, as
 3   follows:

 4     1.  Page 1, line 20, by striking the words "shall
 5   not have ever" and inserting the following:  ", within
 6   the immediately preceding ten years, shall not have".
 7     2.  Page 1, line 22, by inserting after the word
 8   "year" the following:  "within such ten-year period".
 9     3.  Page 2, line 7, by striking the word "ten-day"
10   and inserting the following:  "five-day".
Amendment H?1530 was adopted.
Chapman of Linn moved the adoption of H-1185, as amended.
Amendment H?1185, as amended, lost.
Chapman of Linn offered the following amendment H?1419 filed 
by her and moved its adoption:
H-1419
 1     Amend Senate File 276, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 9, by striking lines 29 through 31 and
 4   inserting the following:
 5     "1.  The commissioner, within three business days
 6   of receipt of an eligible request for an external
 7   review, shall do all of the".
 8     2.  Page 10, line 6, by inserting after the word
 9   "Notify" the following:  "the carrier or organized
10   delivery system,".
11     3.  Page 10, line 10, by inserting after the word
12   "The" the following:  "carrier or organized delivery
13   system, the".
14     4.  Page 10, by striking lines 12 through 22 and
15   inserting the following:  "independent review entity
16   selected by the commissioner by notifying the
17   commissioner within five business days of the receipt
18   of notice from the commissioner.  If the carrier or
19   organized delivery system, the enrollee, or the
20   enrollee's treating health care provider, objects to
21   the independent review entity selected, the objecting
22   party shall have an opportunity to recommend another
23   independent review entity from the list certified by
24   the commissioner within the five-day period for
25   objection.  If the parties agree to the independent
26   review entity recommended by the objecting party, that
27   independent review entity shall perform the external
28   review.  If the parties fail to agree to the
29   independent review entity recommended by the objecting
30   party, the independent review entity selected by the
31   commissioner under paragraph "a" shall perform the

32   external review.  The parties may waive the five-day
33   period for objection if all parties agree to the
34   independent review entity selected by the commissioner
35   and inform the commissioner of their agreement.
36     1A.  The carrier or organized delivery system,
37   within three days after the selection of the
38   independent review entity that will be conducting the
39   external review, shall do both of the following:
40     a.  Provide any information submitted to the
41   carrier or".
42     5.  Page  10, line 27, by striking the letter "d."
43   and inserting the following:  "b".
44     6.  Page 10, lines 34 and 35, by striking the
45   words "independent review entity's" and inserting the
46   following:  "commissioner's".
Amendment H?1419 lost.
Osterhaus of Jackson offered the following amendment H?1173 
filed by him and Chapman of Linn and moved its adoption:
H-1173
 1     Amend Senate File 276, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 11, by inserting after line 22 the
 4   following:
 5     "6.  An enrollee's treating health care provider
 6   may apply for and shall receive reasonable
 7   compensation from the carrier or organized delivery
 8   system for time spent by the health care provider to
 9   supply information in support of an enrollee's request
10   for external review under this chapter."
Roll call was requested by Osterhaus of Jackson and Murphy of 
Dubuque.
On the question "Shall amendment H-1173 be adopted?" (S.F. 276)
	The ayes were, 44:
Bell	Bukta	Burnett	Cataldo
Chapman	Chiodo	Cohoon	Doderer
Dotzler	Drees	Falck	Fallon
Foege	Ford	Frevert	Grundberg
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, 49:
Alons	Arnold	Barry	Baudler
Blodgett	Boal	Bradley	Brauns
Brunkhorst	Carroll	Cormack	Davis
Dix	Dolecheck	Drake	Eddie
Garman	Gipp	Greiner	Hahn
Hansen	Heaton	Hoffman	Holmes
Horbach	Houser	Huseman	Jager
Jenkins	Johnson	Kettering	Klemme
Larson	Lord	Martin	Millage
Nelson	Raecker	Rants	Rayhons
Siegrist	Sukup	Sunderbruch	Thomson
Tyrrell	Van Engelenhoven	Weidman	Welter
Mr. Speaker
  Corbett
	Absent or not voting, 7:
Boddicker	Boggess	Connors	Jacobs
Metcalf	Teig	Van Fossen	
Amendment H?1173 lost.
Chapman of Linn offered amendment H?1172 filed by her and 
Osterhaus of Jackson as follows:
H-1172
 1     Amend Senate File 276, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 13, by inserting after line 21 the
 4   following:
 5     "In addition to an action to enforce the review
 6   decision, or the decision of the court on appeal, the
 7   enrollee shall have a cause of action against the
 8   carrier or organized delivery system for any further
 9   harm incurred after the rendering of the external
10   review decision or decision of the court on appeal,
11   and caused by any substantial noncompliance with the
12   external review decision or court decision by the
13   carrier or organized delivery system.  The carrier or
14   organized delivery system's failure to substantially
15   comply with an external review decision, or decision
16   of the court on appeal, within twenty-four hours of
17   the decision, shall be prima facie evidence of bad

18   faith."
Amendment H?1172 lost.
Chapman of Linn offered the following amendment H?1191 filed 
by her and moved its adoption:
H-1191
 1     Amend Senate File 276, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 13, by inserting after line 21 the
 4   following:
 5     "Sec.     . NEW SECTION.  514J.13A  CIVIL PENALTY.
 6     The commissioner may impose a civil penalty upon a
 7   carrier or organized delivery system not to exceed ten
 8   thousand dollars for each occurrence of a denial of
 9   coverage to an enrollee if such carrier or organized
10   delivery system is found to be engaging in a pattern
11   of conduct to circumvent the purposes of this chapter.
12   Evidence that a carrier or organized delivery system
13   has lost sixty percent or more of its external appeals
14   under this chapter shall be considered prima facie
15   evidence of an attempt to circumvent the purposes of
16   this chapter."
17     2.  By renumbering as necessary.
Amendment H?1191 lost.
Osterhaus of Jackson offered the following amendment H?1176 
filed by him and moved its adoption:
H-1176
 1     Amend Senate File 276, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 14, by inserting after line 18 the
 4   following:
 5     "Sec.     . NEW SECTION.  514K.1  TITLE.
 6     This chapter shall be known and may be cited as
 7   "Third-party Payor Liability Act".
 8     Sec.     . NEW SECTION.  514K.2  DEFINITIONS.
 9     As used in this chapter, unless the context
10   otherwise requires:
11     1.  "Appropriate and medically necessary" means the
12   standard for health care services as determined by a
13   physician or health care provider consistent with
14   accepted practices and standards of care provided by
15   the medical profession in the community.

16     2.  "Enrollee" means an individual who is enrolled
17   in a health care plan, including covered dependents.
18     3.  "Health care plan" means a plan under which a
19   person undertakes to provide, arrange for, pay for, or
20   reimburse any part of the cost of any health care
21   services.
22     4.  "Health care provider" means a person licensed
23   or certified under chapter 147, 148, 148A, 148C, 149,
24   150, 150A, 151, 152, 153, 154, 154B, or 155A to
25   provide in this state professional health care
26   services to an individual during that individual's
27   medical care, treatment, or confinement.
28     5.  "Health care treatment decision" means a
29   determination made when health care services are
30   actually provided under the health care plan and a
31   decision which affects the quality of the diagnosis,
32   care, or treatment provided to the plan's insureds or
33   enrollees.
34     6.  "Health insurance carrier" means an entity
35   subject to the insurance laws and regulations of this
36   state, or subject to the jurisdiction of the
37   commissioner of insurance, that contracts or offers to
38   contract, or that subcontracts or offers to
39   subcontract, to provide, deliver, arrange for, pay
40   for, or reimburse any of the costs of providing health
41   care services, including an insurance company offering
42   sickness and accident plans, a health maintenance
43   organization, a nonprofit health service corporation,
44   or any other entity providing a plan of health
45   insurance, health benefits, or health services.
46     7.  "Health maintenance organization" means a
47   health maintenance organization as defined in section
48   514B.1.
49     8.  "Insured" means an individual who is covered by
50   a health care plan provided by a health insurance
Page 2  
 1   carrier.
 2     9.  "Managed care entity" means an entity that
 3   provides a health care plan that selects and contracts
 4   with health care providers; manages and coordinates
 5   health care services delivery; monitors necessity,
 6   appropriateness, and quality of health care services
 7   delivered by health care providers; and performs
 8   utilization review and cost control.
 9     10.  "Ordinary care" means, in the case of a third-
10   party payor, that degree of care that a third-party of
11   ordinary prudence would provide under the same or
12   similar circumstances.  In the case of a person who is
13   an employee, agent, or representative of a third-party
14   payor, "ordinary care" means that degree of care that

15   a person of ordinary prudence in the same profession,
16   specialty, or area of practice as such person would
17   use in the same or similar circumstances.
18     11.  "Organized delivery system" means an organized
19   delivery system as licensed by the director of public
20   health.
21     12.  "Physician" means an individual licensed under
22   chapter 148, 150, or 150A to practice medicine and
23   surgery, osteopathy, or osteopathic medicine and
24   surgery.
25     13.  "Third-party payor" means a health insurance
26   carrier, health maintenance organization, managed care
27   entity, or organized delivery system.
28     Sec.     . NEW SECTION.  514K.3  THIRD-PARTY PAYOR
29   DUTY TO EXERCISE ORDINARY CARE - LIABILITY.
30     1.  A third-party payor has the duty to exercise
31   ordinary care when making health care treatment
32   decisions and is liable for damages for harm to an
33   insured or enrollee proximately caused by the third-
34   party payor's failure to exercise such ordinary care.
35     2.  A third-party payor is also liable for damages
36   for harm to an insured or enrollee proximately caused
37   by the health care services treatment decisions made
38   by an employee, agent, or representative of the third-
39   party payor who is acting on behalf of the third-party
40   payor and over whom the third-party payor has the
41   right to exercise influence or control or has actually
42   exercised influence or control if such decision
43   results in the failure to exercise ordinary care.
44     3.  It is a defense in an action brought pursuant
45   to this section against a third-party payor that
46   neither the third-party payor, nor an employee, agent,
47   or representative of the third-party payor controlled,
48   influenced, or participated in the health care
49   services treatment decision; or that the third-party
50   payor did not deny or delay payment for any health
Page 3
 1   care services prescribed or recommended by a health
 2   care provider to the insured or enrollee.
 3     4.  Subsections 1 and 2 do not create an obligation
 4   on the part of the third-party payor to provide any
 5   health care services to an insured or enrollee that
 6   are not covered by the health care plan offered by the
 7   third-party payor.
 8     5.  This chapter does not create any liability on
 9   the part of an employer or an employer group
10   purchasing organization that purchases health care
11   services coverage or assumes risk on behalf of its
12   employees for providing health care services.
13     6.  A third-party payor shall not remove a health

14   care provider from its plan or refuse to renew the
15   participation of a health care provider under its plan
16   for advocating appropriate and medically necessary
17   health care services for an insured or enrollee.
18     7.  A third-party payor shall not enter into a
19   contract with a hospital or health care provider or
20   pharmaceutical company which includes an
21   indemnification or hold harmless clause for the acts
22   or conduct of the third-party payor.  Any such
23   indemnification or hold harmless clause in an existing
24   contract is void.
25     8.  A provision under state law prohibiting a
26   third-party payor from practicing medicine or being
27   licensed to practice medicine shall not be asserted as
28   a defense by such third-party payor in an action
29   brought against it pursuant to this section or any
30   other applicable law.
31     9.  In an action against a third-party payor, a
32   finding that a health care provider is an employee,
33   agent, or representative of such third-party payor
34   shall not be based solely on proof that such a health
35   care provider's name appears in a listing of approved
36   health care providers made available to an insured or
37   enrollee under a health care plan.
38     10.  This chapter does not apply to workers'
39   compensation coverages."
40     2.  By renumbering as necessary.
Roll call was requested by Osterhaus of Jackson and Chapman of 
Linn.
On the question "Shall amendment H-1176 be adopted?" (S.F. 276)
	The ayes were, 43:
Arnold	Bell	Bukta	Burnett
Cataldo	Chapman	Cohoon	Doderer
Dotzler	Drees	Falck	Fallon
Foege	Frevert	Grundberg	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	Bradley	Brauns
Brunkhorst	Carroll	Chiodo	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:
Boggess	Connors	Ford	
Amendment H?1176 lost.
Mascher of Johnson asked and received unanimous consent to 
withdraw amendment H-1577 filed by Mascher, et al., on April 13, 
1999.
Hansen 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. 276)
	The ayes were, 97:
Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Boddicker
Bradley	Brauns	Brunkhorst	Bukta
Burnett	Carroll	Cataldo	Chapman
Chiodo	Cohoon	Cormack	Davis
Dix	Doderer	Dolecheck	Dotzler
Drake	Drees	Eddie	Falck
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, 1:
Fallon	
	Absent or not voting, 2:
Boggess	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 Senate File 276 be immediately messaged to the Senate.
On motion by Siegrist of Pottawattamie, the House was recessed at 
11:23 a.m., until 1:30 p.m.
AFTERNOON SESSION
The House reconvened at 1:46 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 seventy-three members present, 
twenty-seven absent.
CONSIDERATION OF BILLS

Regular Calendar
House Joint Resolution 15, 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, was taken up for 
consideration.
Siegrist of Pottawattamie moved that the joint resolution be read a 
last time now and placed upon its adoption and the joint resolution 
was read a last time.
On the question "Shall the joint resolution be adopted and agreed 
to?" (H.J.R. 15)
	The ayes were, 57:
Alons	Arnold	Barry	Baudler
Blodgett	Boal	Boddicker	Bradley
Brauns	Brunkhorst	Carroll	Cataldo
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	Mertz	Metcalf
Millage	Mundie	Nelson	Raecker
Rants	Rayhons	Siegrist	Sukup
Sunderbruch	Teig	Thomson	Tyrrell
Van Engelenhoven	Van Fossen	Weidman	Welter
Mr. Speaker
  Corbett
	The nays were, 40:
Bell	Bukta	Burnett	Chapman
Chiodo	Cohoon	Doderer	Dotzler
Drees	Falck	Fallon	Foege
Ford	Frevert	Holveck	Huser
Jochum	Kreiman	Kuhn	Larkin
Mascher	May	Murphy	Myers
O'Brien	Osterhaus	Parmenter	Reynolds
Richardson	Scherrman	Schrader	Shoultz
Stevens	Taylor	Thomas	Warnstadt
Weigel	Whitead	Wise	Witt	
		Absent or not voting, 3:

Boggess	Connors	Grundberg	
The joint resolution having received a constitutional majority was 
declared to have been adopted and agreed to by the House.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent 
that House Joint Resolution 15 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 14, 1999, passed the following bill in which the concurrence of the House is asked:
Senate File 436, a bill for an act relating to practices involving the marketing of 
livestock by packers, by prohibiting price discrimination, requiring reporting, and 
providing criminal penalties and civil remedies.
Also: That the Senate has on April 14, 1999, passed the following resolution in 
which the concurrence of the House is asked:
Senate Concurrent Resolution 12, a concurrent resolution urging that Iowa State 
University of Science and Technology retain the name of its College of Agriculture.
MICHAEL E. MARSHALL, Secretary
SENATE AMENDMENT CONSIDERED
Nelson of Marshall called up for consideration House File 737, a 
bill for an act relating to and making appropriations to the 
department for the blind, the Iowa state civil rights commission, the 
department of elder affairs, the Iowa department of public health, the 
department of human rights, the governor's alliance on substance 
abuse, and the commission of veterans affairs, and providing an 
effective date, amended by the Senate amendment H-1526 as follows:
H-1526
 1     Amend House File 737, as amended, passed, and
 2   reprinted by the House, as follows:
 3     1.  Page 12, by striking lines 3 through 5 and

 4   inserting the following:
 5     "12.  Of the funds appropriated in this section, an
 6   amount not exceeding 5 percent may be used by the
 7   state university of Iowa hospitals and clinics for
 8   administrative expenses."
 9     2.  Page 12, by striking lines 26 through 32 and
10   inserting the following:
11     "b.  It is the intent of the general assembly to
12   comply with the United States congress' intent to
13   provide education that promotes abstinence from sexual
14   activity outside of marriage and reduces pregnancies,
15   by focusing efforts on those persons most likely to
16   bear children out of wedlock."
17     3.  Page 14, line 28, by striking the figure
18   "1,108,972" and inserting the following:  "funding".
19     4.  Page 15, by inserting after line 17 the
20   following:
21     "10.  STATUS OF ASIAN PACIFIC ISLANDERS STUDY.  The
22   department of human rights shall conduct a study of
23   the status of persons of Asian Pacific Islander
24   descent in the state of Iowa.  The study shall focus
25   on the areas of education, language development,
26   employment, human rights, health, housing, and social
27   welfare.  The director of the department of human
28   rights shall submit a report of findings and
29   recommendations based on the study to the general
30   assembly by January 1, 2000."
31     5.  Page 18, by inserting after line 11 the
32   following:
33     "Sec. ___.  Section 216A.92A, subsection 2, Code
34   1999, is amended to read as follows:
35     2.  Commission members shall serve three-year terms
36   which shall begin and end pursuant to section 69.19,
37   and shall serve the entire term even if the member
38   experiences a change in the status which resulted in
39   their appointment under subsection 1.  Vacancies on
40   the commission shall be filled for the remainder of
41   the term of the original appointment.  Members whose
42   terms expire may be reappointed.  Members of the
43   commission shall receive actual expenses for their
44   services.  Members may also be eligible to receive
45   compensation as provided in section 7E.6.  Members as
46   specified under subsection 1, paragraph "c", however,
47   shall receive per diem compensation as provided in
48   section 7E.6 and actual expenses.  The membership of
49   the commission shall also comply with the political
50   party affiliation and gender balance requirements of
Page 2  
 1   sections 69.16 and 69.16A."
 2     6.  Page 18, by inserting after line 20 the

 3   following:
 4     " ___.  Of the funds appropriated in subsection 1,
 5   $20,000 shall be transferred to the office of the
 6   auditor of state to perform an audit of the gambling
 7   treatment program.  The results of the audit shall be
 8   reported to the members of the general assembly by
 9   January 1, 2000."
10     7.  Page 18, by striking lines 21 and 22 and
11   inserting the following:
12     "3.  Funds which remain after the allocations in
13   subsections 2 and 3, if any, shall be allocated for
14   funding of administrative costs and".
15     8.  Page 18, by striking lines 33 through 35 and
16   inserting the following:  "sum wagered by the pari-
17   mutuel method is appropriated to the Iowa department
18   of public health for the sole purpose of funding the
19   position of deputy state medical examiner, contingent
20   upon the passage of 1999 Iowa Acts, Senate File 376 or
21   similar legislation transferring the office of the
22   state medical examiner from the department of public
23   safety to the Iowa department of public health.  The
24   full-time equivalent position authorizations in this
25   Act for the Iowa department of public health shall be
26   increased by 1.00 FTE position if 1999 Iowa Acts,
27   Senate File 376, is enacted.  Moneys appropriated in
28   this section that remain unencumbered or unobligated
29   at the close of the fiscal year shall be credited to
30   the general fund of the state."
31     9.  By renumbering, relettering, or redesignating
32   and correcting internal references as necessary.
Nelson of Marshall offered the following amendment H?1535, to 
the Senate amendment H?1526, filed by her and moved its adoption:
H-1535
 1     Amend the Senate amendment, H-1526, to House File
 2   737, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 1, by striking lines 3 through 8.
 5     2.  Page 2, line 27, by inserting after the figure
 6   "376," the following:  "or similar legislation
 7   transferring the office of the state medical examiner
 8   from the department of public safety to the Iowa
 9   department of public health,".
10     3.  By renumbering as necessary.
Amendment H?1535 was adopted.
	Nelson of Marshall offered the following amendment H?1549, to 

the Senate amendment H?1526, filed by her and moved its adoption:
H-1549
 1     Amend the Senate amendment, H-1526, to House File
 2   737, as amended, passed, and reprinted by the House,
 3   as follows:
 4     1.  Page 2, by inserting after line 30 the
 5   following:
 6     "     .  Page 19, by inserting before line 1 the
 7   following:
 8     "Sec. 100.  DEPARTMENT OF PUBLIC HEALTH.  There is
 9   appropriated from the general fund of the state to the
10   board of dental examiners of the department of public
11   health for the fiscal year beginning July 1, 1998, and
12   ending June 30, 1999, the following amount, or so much
13   thereof as is necessary, to be used for the purpose
14   designated:
15     For the board of dental examiners to pay the
16   necessary expenses of the members of the dental
17   hygiene committee created in section 153.33A and
18   administrative costs relating to the committee:
19   	$      42,000"
20         .  Page 19, line 33, by inserting after the
21   word "enactment." the following:  "Section 100 of this
22   Act, relating to a supplemental appropriation for the
23   board of dental examiners of the Iowa department of
24   public health, being deemed of immediate importance,
25   takes effect upon enactment.""
26     2.  By renumbering as necessary.
Amendment H?1549 was adopted.
Nelson of Marshall moved the House concur in the Senate 
amendment H-1526, as amended.
The motion prevailed and the House concurred in the Senate 
amendment H-1526, as amended.
Nelson of Marshall moved that the bill, as amended by the Senate 
and concurred in by the House, further amended by the House, be 
read a last time now and placed upon its passage which motion 
prevailed and the bill was read a last time.
On the question "Shall the bill pass?" (H.F. 737)
		The ayes were, 94:

Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Bradley
Brauns	Brunkhorst	Bukta	Burnett
Carroll	Cataldo	Chapman	Chiodo
Cohoon	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	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, 2:
Cormack	Kreiman	
	Absent or not voting, 4:
Boddicker	Boggess	Connors	Doderer
The bill having received a constitutional majority was declared to 
have passed the House and the title was agreed to.
Unfinished Business Calendar
Senate File 92, a bill for an act relating to the notice provisions 
for transfer of assets which create a medical assistance debt, with 
report of committee recommending passage, was taken up for 
consideration.
Boal 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. 92)

	The ayes were, 96:
Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Bradley
Brauns	Brunkhorst	Bukta	Burnett
Carroll	Cataldo	Chapman	Chiodo
Cohoon	Cormack	Davis	Dix
Doderer	Dolecheck	Dotzler	Drake
Drees	Eddie	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, 4:
Boddicker	Boggess	Connors	Falck	
The bill having received a constitutional majority was declared to 
have passed the House and the title was agreed to.
Senate File 406, a bill for an act relating to entities and subject 
matter under the regulatory authority of the insurance division, 
including securities, business opportunities, cemetery merchandise 
and residential service contracts, providing for fees, and establishing 
penalties, with report of committee recommending amendment and 
passage, was taken up for consideration.
Carroll of Poweshiek in the chair at 2:50 p.m.
	Hoffman of Crawford offered the following amendment H-1337 

filed by the committee on commerce and regulation and moved its 
adoption:
H-1337
 1     Amend Senate File 406, as passed by the Senate, as
 2   follows:
 3     1.  Page 4, by inserting after line 19, the
 4   following:
 5     "Sec. __.  Section 523A.5, subsection 2, Code 1999,
 6   is amended by adding the following new paragraph:
 7     NEW PARAGRAPH.  e.  "Prepaid contract" means a
 8   written contract or other agreement executed by a
 9   seller in which the seller promises to deliver
10   merchandise or services upon the future death of a
11   person named or implied in the agreement.
12     Sec. __.  Section 523A.6, Code 1999, is amended to
13   read as follows:
14     523A.6  COMPLIANCE WITH OTHER LAWS.
15     The seller of a prepaid contract for the purchase
16   of funeral services or funeral merchandise shall
17   comply with chapter 555A with respect to all contracts
18   that are subject to regulation under this 
chapter.  A
19   failure person failing to comply with chapter 555A is
20   subject to the remedies and penalties provided in that
21   chapter."
22     2.  Page 6, by inserting after line 26, the
23   following:
24     "Sec. __.  Section 523I.6, Code 1999, is amended by
25   adding the following new subsection:
26     NEW SUBSECTION.  4.  A cemetery shall provide
27   services necessary for the installation or burial of
28   vaults or other similar merchandise sold by the
29   cemetery.  This subsection shall not require the
30   cemetery to provide for opening or closing interment
31   or entombment space, unless an agreement executed by
32   the cemetery expressly provides otherwise."
33     3.  Title page, line 3, by inserting after the
34   word "opportunities," the following:  "funeral
35   merchandise, funeral services, cemeteries".
The committee amendment H-1337 was adopted.
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. 406)
		The ayes were, 94:

Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Bradley
Brauns	Brunkhorst	Bukta	Burnett
Cataldo	Chapman	Chiodo	Cohoon
Corbett, Spkr.	Cormack	Davis	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	Carroll,
		  Presiding
	The nays were, none.
	Absent or not voting, 5:
Boddicker	Boggess	Connors	Dix
Doderer	
Under the provision of Rule 76, conflict of interest, Weigel of 
Chickasaw refrained from voting.
The bill having received a constitutional majority was declared to 
have passed the House and the title, as amended, was agreed to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent 
that the following bills be immediately messaged to the Senate: 
House File 737 and Senate File 406.
	Senate File 429, a bill for an act relating to notification of 

forfeited and cancelled mechanic's liens, challenging a mechanic's 
lien, and providing a remedy, with report of committee recommending 
passage, was taken up for consideration.
Parmenter of Story offered the following amendment H?1390 filed 
by him and moved its adoption:
H-1390
 1     Amend Senate File 429, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, line 13, by inserting after the word
 4   "after" the following:  "service of the".
 5     2.  Page 2, by striking lines 27 through 29 and
 6   inserting the following:  "cancellation of the lien.
 7   Upon the filing of the demand with the required
 8   attachments, the clerk of the district court shall
 9   mail a file-stamped copy of the demand to both
10   parties."
Amendment H?1390 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. 429)
	The ayes were, 96:
Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Bradley
Brauns	Brunkhorst	Bukta	Burnett
Cataldo	Chapman	Chiodo	Cohoon
Corbett, Spkr.	Cormack	Davis	Dix
Doderer	Dolecheck	Dotzler	Drake
Drees	Eddie	Falck	Fallon
Foege	Ford	Frevert	Garman
Gipp	Greiner	Grundberg	Hahn
Hansen	Heaton	Hoffman	Holmes
Holveck	Horbach	Houser	Huseman
Huser	Jacobs	Jager	Jenkins
Jochum	Johnson	Kettering	Klemme
Kreiman	Kuhn	Larkin	Larson
Lord	Martin	Mascher	May
Mertz	Metcalf	Millage	Mundie
Murphy	Myers	Nelson	O'Brien^
Osterhaus	Parmenter	Raecker	Rants
Rayhons	Reynolds	Richardson	Scherrman
Schrader	Shoultz	Siegrist	Stevens
Sukup	Sunderbruch	Taylor	Teig
Thomas	Thomson	Tyrrell	Van Engelenhoven
Warnstadt	Weidman	Weigel	Welter
Whitead	Wise	Witt	Carroll,
				  Presiding
	The nays were, none.
	Absent or not voting, 4:
Boddicker	Boggess	Connors	Van Fossen
The bill having received a constitutional majority was declared to 
have passed the House and the title was agreed to.
Senate File 437, a bill for an act relating to notification regarding 
mechanics' liens, with report of committee recommending passage, 
was taken up for consideration.
Millage of Scott asked and received unanimous consent to 
withdraw amendment H-1401 filed by Millage, et al., on April 5, 
1999.
Sukup of Franklin offered the following amendment H?1374 filed 
by Larson of Linn and moved its adoption:
H-1374
 1     Amend Senate File 437, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, line 9, by inserting after the word
 4   "contractor" the following:  "in writing".
 5     2.  Page 1, line 10, by inserting after the word
 6   "notice" the following:  "containing the name, mailing
 7   address, and telephone number of the person furnishing
 8   the labor or materials, and the name of the
 9   subcontractor to whom the labor or materials were
10   furnished,".
11     3.  Page 1, line 10, by striking the words "the
12   furnishing of the" and inserting the following:  "the
13   first furnishing of the".
14     4.  Page 1, line 11, by striking the word "is" and
15   inserting the following:  "is may be".
16     5.  Page 1, line 13, by inserting after the word
17   "furnished." the following:  "Additional labor or
18   materials furnished by the same person to the same

19   subcontractor for use in the same construction project
20   shall be covered by this notice."
21     6.  Page 1, line 15, by inserting after the word
22   "notified" the following:  "in writing".
23     7.  Page 1, line 16, by inserting after the word
24   "notice" the following:  "containing the name, mailing
25   address, and telephone number of the person furnishing
26   the labor or materials, and the name of the
27   subcontractor to whom the labor or materials were
28   furnished,".
29     8.  Page 1, line 16, by inserting after the word
30   "were" the following:  "first".
31     9.  Page 1, line 18, by inserting after the word
32   "furnished" the following:  ", pursuant to paragraph
33   "a" ".
Amendment H?1374 was adopted, placing amendment H-1531, 
filed by Larson of Linn on April 12, 1999, out of order.
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. 437)
	The ayes were, 95:
Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Brauns
Brunkhorst	Bukta	Burnett	Cataldo
Chapman	Chiodo	Cohoon	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	Larson	Lord	Martin
Mascher	May	Mertz	Metcalf
Millage	Mundie	Murphy	Myers
Nelson	O'Brien	Osterhaus	Parmenter
Raecker	Rants	Rayhons	Reynolds
Richardson	Scherrman	Schrader	Shoultz
Siegrist	Stevens	Sukup	Sunderbruch
Taylor	Teig	Thomas	Thomson
Tyrrell	Van Engelenhoven	Van Fossen	Warnstadt^
Weidman	Weigel	Welter	Whitead
Wise	Witt	Carroll,
			  Presiding
	The nays were, none.
	Absent or not voting, 5:
Boddicker	Boggess	Bradley	Connors
Hansen	
The bill having received a constitutional majority was declared to 
have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Gipp of Winneshiek asked and received unanimous consent that 
the following bills be immediately messaged to the Senate: Senate 
Files 92, 429 and 437.
Senate File 8, a bill for an act relating to coverage under a policy 
or contract providing for third-party payment or prepayment of 
health or medical expenses by providing coverage for costs associated 
with equipment, supplies, and education for the treatment of 
diabetes, with report of committee recommending amendment and 
passage, was taken up for consideration.
Bradley of Clinton offered the following amendment H-1305 filed 
by the committee on commerce and regulation and moved its 
adoption:
H-1305
 1     Amend Senate File 8, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 3, by striking lines 2 and 3 and
 4   inserting the following:  "supplement, long-term care,
 5   basic hospital and medical-surgical expense coverage
 6   as defined by the commissioner, disability income
 7   insurance coverage,".
The committee amendment H-1305 was adopted, placing 
amendment H-1165, filed by Bradley of Clinton on March 23, 1999, 
out of order.
	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. 8)
	The ayes were, 94:
Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Bradley
Brunkhorst	Bukta	Burnett	Cataldo
Chapman	Chiodo	Cohoon	Corbett, Spkr.
Cormack	Davis	Dix	Doderer
Dolecheck	Dotzler	Drake	Drees
Eddie	Falck	Fallon	Foege
Ford	Frevert	Garman	Gipp
Greiner	Grundberg	Hahn	Hansen
Heaton	Hoffman	Holmes	Holveck
Horbach	Houser	Huseman	Huser
Jacobs	Jager	Jenkins	Jochum
Johnson	Kettering	Klemme	Kreiman
Kuhn	Larkin	Larson	Lord
Martin	Mascher	May	Mertz
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
Van Engelenhoven	Van Fossen	Warnstadt	Weidman
Weigel	Welter	Whitead	Wise
Witt	Carroll,
		  Presiding
	The nays were, 2:
Metcalf	Tyrrell	
	Absent or not voting, 3:
Boddicker	Boggess	Connors	
Under the provision of Rule 76, conflict of interest, Brauns of 
Muscatine refrained from voting.
The bill having received a constitutional majority was declared to 
have passed the House and the title was agreed to.
	Senate File 393, a bill for an act providing for the joint 

construction or acquisition, furnishing, operation, and maintenance of 
public buildings by counties, cities, fire districts, and school districts, 
with report of committee recommending passage, was taken up for 
consideration.
Huser of Polk offered the following amendment H?1545 filed by 
her and Brauns of Muscatine and moved its adoption:
H-1545
 1     Amend Senate File 393, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 2, line 24, by inserting after the figure
 4   "75," the following:  "296,".
 5     2.  Page 2, line 24, by inserting after the figure
 6   "331," the following:  "357B, 359,".
 7     3.  Page 3, by inserting after line 25 the
 8   following:
 9     "Sec.      . NEW SECTION.  28E.42  JOINT ISSUANCE OF
10   SCHOOL DISTRICT OR FIRE DISTRICT BONDS.
11     It is the intent of the general assembly to
12   encourage school districts or fire districts to
13   jointly issue general obligation bonds to fund
14   separate projects proposed in each district and, by
15   pooling their debt obligations, to realize a savings
16   for taxpayers in each of the participating districts.
17     1.  Two or more school districts may enter an
18   agreement pursuant to this chapter for the purpose of
19   financing projects for which debt obligations may be
20   or have been incurred pursuant to chapter 296 or 298.
21   For purposes of this section, "school district" means
22   a public school district described in chapter 274.
23     2.  Two or more fire districts may enter an
24   agreement pursuant to this chapter for the purpose of
25   financing projects for which debt obligations may be
26   or have been incurred pursuant to chapter 74, 75, 331,
27   357B, 359, or 384.  For purposes of this section,
28   "fire district" means any governmental entity which
29   provides fire protection services."
30     4.  Title page, line 3, by inserting after the
31   words "school districts" the following:  "and
32   providing for joint issuance of school district or
33   fire district bonds".
34     5.  By renumbering as necessary.
Amendment H?1545 was adopted, placing amendments H-1512 
and H-1513 filed by Ford of Polk on April 7, 1999, out of order.
	Huser 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. 393)
	The ayes were, 96:
Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Bradley
Brauns	Brunkhorst	Bukta	Burnett
Cataldo	Chapman	Chiodo	Cohoon
Corbett, Spkr.	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	Mascher	May	Mertz
Metcalf	Millage	Mundie	Murphy
Myers	Nelson	O'Brien	Osterhaus
Parmenter	Raecker	Rants	Rayhons
Reynolds	Richardson	Scherrman	Schrader
Shoultz	Siegrist	Stevens	Sukup
Sunderbruch	Taylor	Teig	Thomas
Thomson	Tyrrell	Van Engelenhoven	Van Fossen
Warnstadt	Weidman	Weigel	Welter
Whitead	Wise	Witt	Carroll,
				  Presiding
	The nays were, none.
	Absent or not voting, 4:
Boddicker	Boggess	Connors	Doderer
The bill having received a constitutional majority was declared to 
have passed the House and the title, as amended, was agreed to.
House File 761, a bill for an act relating to child care provisions 
administered by the department of human services and to the 
terminology used to describe child care, and including effective dates 
and applicability provisions, was taken up for consideration.
	Barry of Harrison offered the following amendment H?1415 filed 

by her and moved its adoption:
H-1415
 1     Amend House File 761 as follows:
 2     1.  Page 8, by inserting after line 23 the
 3   following:
 4     "Sec. ___.  Section 237A.3A, subsection 11,
 5   paragraph c, Code 1999, is amended to read as follows:
 6     c.  In addition to the number of children
 7   authorized in paragraph "a", not more than four
 8   children who attend school may be present for a period
 9   of less more than two hours at any one time.
10     Sec. ___.  Section 237A.3A, subsection 12,
11   paragraph f, Code 1999, is amended to read as follows:
12     f.  If more than eight children are present at any
13   one time for a period of more than two hours, the
14   provider shall be assisted by a responsible individual
15   who is at least fourteen years of age."
16     2.  Page 24, line 22, by striking the word "June"
17   and inserting the following:  "September".
18     3.  Page 24, line 23, by striking the word "July"
19   and inserting the following:  "October".
20     4.  Page 24, line 27, by striking the word "June"
21   and inserting the following:  "September".
22     5.  By striking page 24, line 31, through page 25,
23   line 3, and inserting the following:
24     "3.  The child care provisions of section 237A.3A,
25   as amended by this Act, shall apply to initial
26   applications for registration under chapter 237A
27   received on or after October 1, 1999.
28     4.  Effective October 1, 1999, an unregistered
29   child day care home provider who is providing child
30   day care to four infants as of September 30, 1999, may
31   continue to provide care to those four infants.  A
32   child care home provider who is providing child day
33   care to four infants at the time of conversion to the
34   registration level system on or after October 1, 1999,
35   also may continue to provide care to those four
36   infants.  However, if the child care home no longer
37   provides care to one or more of the four infants or
38   one or more of the four infants reaches the age of
39   twenty-four months, the exception authorized in this
40   subsection shall no longer apply.  The overall
41   limitation on the number of children authorized for
42   the level of care remains applicable.
43     5.  Effective October 1, 1999, an unregistered
44   child care home provider who is providing child day
45   care to school age children on September 30, 1999, in
46   excess of the number of school age children authorized
47   for unregistered child care home providers may

48   continue to provide care for those children.  A child
49   care home provider at the time of conversion to the
50   registration level system on or after October 1, 1999,
Page 2  
 1   who is providing child day care to school age children
 2   in excess of the number of school age children
 3   authorized for the registration level may continue to
 4   provide care for those children.  The child care home
 5   provider may exceed the total number of children
 6   authorized for the level of registration by the number
 7   of school age children in excess of the number
 8   authorized for the registration level.  This exception
 9   is subject to all of the following:
10     a.  The provider must comply with the other
11   requirements as to number of children which are
12   allowed for unregistered providers or are applicable
13   to that registration level.
14     b.  The maximum number of children attributable to
15   the authorization for school age children under
16   section 237A.3A, as amended by this Act and authorized
17   by this subsection, for unregistered providers or at
18   the applicable registration level is five.
19     c.  If more than eight children are present at any
20   one time for more than two hours, the provider shall
21   be assisted by a responsible person who is at least
22   fourteen years of age.
23     d.  If the unregistered provider no longer provides
24   care to an individual school age child who was
25   receiving care from the provider on September 30,
26   1999, the excess number of children allowed under this
27   exception shall be reduced accordingly.  If a
28   registered child care home provider no longer provides
29   care to an individual school age child who was
30   receiving care from the provider at the time of
31   conversion to the registration and system, the excess
32   number of children allowed under this exception shall
33   be reduced accordingly."
Amendment H?1415 was adopted.
Boal of Polk offered the following amendment H?1502 filed by her 
and Heaton of Henry and moved its adoption:
H-1502
 1     Amend House File 761 as follows:
 2     1.  Page 17, by inserting after line 10 the
 3   following:
 4     "Sec. 100. NEW SECTION.  237A.24  CHILD CARE

 5   TRAINING AND DEVELOPMENT SYSTEM.
 6     1.  The departments of education, health, and human
 7   services shall jointly establish a leadership council
 8   for child care training and development in this state.
 9   In addition to representatives of the three
10   departments, the leadership council shall include but
11   is not limited to representatives of community
12   colleges, institutions of higher learning under the
13   state board of regents and private institutions of
14   higher education, the Iowa cooperative extension
15   service in agriculture and home economics, and child
16   care resource and referral service agencies.
17     2.  The charge of the council is to develop a
18   proposal for a statewide child care training and
19   development system and to monitor implementation of
20   the proposal.  The purpose of the system is to improve
21   support for persons providing or administering child
22   care services.  The system shall be developed in a
23   manner so as to incorporate and enhance existing
24   efforts to provide this support.
25     3.  The proposal for the child care training and
26   development system shall include all of the following
27   elements:
28     a.  Identification of core competencies for
29   providers and administrators that may be incorporated
30   into professional standards.
31     b.  Establishing levels for professional
32   development.
33     c.  Implementing a professional experience registry
34   to track the training, educational attainment, and
35   experience of providers and administrators.
36     d.  Implementing a unified training and technical
37   assistance approach for identifying needs, ensuring
38   equal access, and establishing minimum requirements
39   for training and trainers.
40     e.  Establishing an articulation process to permit
41   recognition of training provided by entities that do
42   not grant academic credit by entities that do grant
43   academic credit.
44     f.  Implementing a financing structure to support
45   the training registry.
46     g.  Identifying other means for enhancing the
47   training and development of persons who provide and
48   administer child care.
49     4.  The proposal shall include an implementation
50   plan and budget provisions and may provide for
Page 2  
 1   implementation through a contract with a private
 2   nonprofit agency."
 3     2.  Page 25, by inserting after line 5 the

 4   following:
 5     "Sec.     .  EFFECTIVE DATE - PROPOSAL SUBMISSION.
 6     1.  New Code section 237A.24, as enacted by
 7   division I of this Act, being deemed of immediate
 8   importance, takes effect upon enactment.
 9     2.  The leadership council created pursuant to
10   section 237A.24, as enacted by division I of this Act,
11   shall submit the initial proposal for a child care
12   training and development system to the departments of
13   education, health, and human services by December 31,
14   1999, so that the three departments may include
15   funding for implementation of the system in the
16   departments' budget recommendations developed for the
17   fiscal year beginning July 1, 2001."
18     3.  By renumbering as necessary.
Rants of Woodbury in the chair at 3:49 p.m.
Amendment H?1502 was adopted.
Jochum of Dubuque asked and received unanimous consent to 
withdraw amendment H-1521 filed by her on April 8, 1999.
Jochum of Dubuque offered the following amendment H?1592 filed 
by her and moved its adoption:
H-1592
 1     Amend House File 761, as follows:
 2     1.  Page 24, line 30, by inserting after the word
 3   "earlier." the following:  "The department of human
 4   services shall pursue every available option to secure
 5   federal or other funding that may be used to make
 6   available additional home child care consultants to
 7   assist in the statewide implementation of section
 8   237A.3A, as amended by this Act.  If the department is
 9   able to secure additional funding for this purpose,
10   the department may expand home child care consultant
11   assistance provided by child care resource and
12   referral services accordingly."
Amendment H?1592 was adopted.
Jochum of Dubuque asked and received unanimous consent to 
withdraw amendment H-1490 filed by her on April 7, 1999.
	Barry of Harrison  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. 761)
	The ayes were, 95:
Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Bradley
Brunkhorst	Bukta	Burnett	Carroll
Cataldo	Chapman	Chiodo	Cohoon
Corbett, Spkr.	Cormack	Davis	Dix
Doderer	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	Rayhons	Reynolds
Richardson	Scherrman	Schrader	Shoultz
Siegrist	Stevens	Sukup	Sunderbruch
Taylor	Teig	Thomas	Thomson
Tyrrell	Van Engelenhoven	Van Fossen	Warnstadt
Weidman	Weigel	Welter	Whitead
Wise	Witt	Rants,
			  Presiding
	The nays were, 1:
Dolecheck	
	Absent or not voting, 4:
Boddicker	Boggess	Brauns	Connors
The bill having received a constitutional majority was declared to 
have passed the House and the title was agreed to.
IMMEDIATE MESSAGES

Gipp of Winneshiek asked and received unanimous consent that 
the following bills be immediately messaged to the Senate: Senate 
Files 8, 393 and House File 761.
Senate File 186, a bill for an act providing that a county 
enterprise includes housing for persons who are elderly or persons 
with physical disabilities, with report of committee recommending 
amendment and passage, was taken up for consideration.
Alons of Sioux offered the following amendment H-1340 filed by 
the committee on local government and moved its adoption:
H-1340
 1     Amend Senate File 186, as passed by the Senate, as
 2   follows:
 3     1.  Page 1, by inserting before line 1 the
 4   following:
 5     "Section 1.  Section 331.461, subsection 2,
 6   paragraph e, Code 1999, is amended to read as follows:
 7     e.  In a county with a population of less than one
 8   hundred fifty thousand, a county hospital established
 9   under chapter 37 or 347A, including its acquisition,
10   construction, equipment, enlargement, and improvement,
11   and including necessary lands, rights of way, and
12   other property.  However, bonds issued under this
13   paragraph shall mature in not more than thirty years
14   from date of issuance, and are subject to the notice
15   and election requirements of bonds issued under
16   paragraph "d"."
17     2.  Title page, line 2, by inserting after the
18   word "disabilities" the following:  "and certain
19   county hospitals".
20     3.  By renumbering as necessary.
The committee amendment H-1340 was adopted.
Carroll of Poweshiek asked and received unanimous consent to 
withdraw amendment H-1112 filed by him on March 17, 1999.
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. 186)

	The ayes were, 93:
Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Bradley
Brauns	Brunkhorst	Bukta	Burnett
Carroll	Cataldo	Chapman	Chiodo
Cohoon	Corbett, Spkr.	Cormack	Davis
Dix	Doderer	Dolecheck	Dotzler
Drake	Eddie	Falck	Fallon
Foege	Ford	Frevert	Garman
Gipp	Greiner	Grundberg	Hansen
Heaton	Hoffman	Holmes	Holveck
Horbach	Huseman	Huser	Jacobs
Jager	Jenkins	Jochum	Johnson
Kettering	Klemme	Kreiman	Kuhn
Larkin	Larson	Lord	Martin
Mascher	May	Mertz	Metcalf
Mundie	Murphy	Myers	Nelson
O'Brien	Osterhaus	Parmenter	Raecker
Rayhons	Reynolds	Richardson	Scherrman
Schrader	Shoultz	Siegrist	Stevens
Sukup	Sunderbruch	Taylor	Teig
Thomas	Thomson	Tyrrell	Van Engelenhoven
Van Fossen	Warnstadt	Weidman	Weigel
Welter	Whitead	Wise	Witt
Rants,
  Presiding
	The nays were, none.
	Absent or not voting, 7:
Boddicker	Boggess	Connors	Drees
Hahn	Houser	Millage
The bill having received a constitutional majority was declared to 
have passed the House and the title, as amended, was agreed to.
Senate File 189, a bill for an act to change the penalty for and to 
reclassify certain misdemeanors, with report of committee 
recommending amendment and passage, was taken up for 
consideration.
Raecker of Polk asked and received unanimous consent that 
committee amendment H-1394 be deferred.
	Kreiman of Davis offered the following amendment H?1471 filed 

by Kreiman, et al., and moved its adoption:
H-1471
 1     Amend Senate File 189, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 2, by inserting after line 30 the
 4   following:
 5     "Sec.     .  Section 321J.4, subsection 4, Code
 6   1999, is amended to read as follows:
 7     4. a.  Upon a plea or verdict of guilty of a third
 8   or subsequent violation of section 321J.2, the court
 9   shall order the department to revoke the defendant's
10   driver's license or nonresident operating privilege
11   for a period of six years.  The defendant shall not be
12   eligible for a temporary restricted license for at
13   least one year after the effective date of the
14   revocation.  The court shall require the defendant to
15   surrender to it all Iowa licenses or permits held by
16   the defendant, which the court shall forward to the
17   department with a copy of the order for revocation.
18   The defendant shall be ordered to install an ignition
19   interlock device of a type approved by the
20   commissioner of public safety on all vehicles owned by
21   the defendant if the defendant seeks a temporary
22   restricted license at the end of the minimum period of
23   ineligibility.  A temporary restricted license shall
24   not be granted by the department until the defendant
25   installs the ignition interlock device.
26     b.  However, if a defendant's driver's license is
27   revoked for a third or subsequent violation of section
28   321J.2 and the violations which resulted in the
29   revocation did not occur within a twelve-year period,
30   the person shall be permitted to apply to the
31   department for restoration of the defendant's driving
32   privileges.  The application may be granted only if
33   all of the following are shown by the defendant by a
34   preponderance of the evidence:
35     (1)  The defendant has completed an evaluation and,
36   if recommended by the evaluation, a program of
37   treatment for chemical dependency and is recovering,
38   or has substantially recovered, from that dependency
39   on or tendency to abuse alcohol or drugs.
40     (2)  The defendant has not been convicted, since
41   the date of the revocation order, of any subsequent
42   violations of section 321J.2 or 123.46, or any
43   comparable city or county ordinance, and the defendant
44   has not, since the date of the revocation order,
45   submitted to a chemical test under this chapter that
46   indicated an alcohol concentration as defined in
47   section 321J.1 of .10 or more, or refused to submit to

48   chemical testing under this chapter.
49     (3)  The defendant has abstained from the excessive
50   consumption of alcoholic beverages and the consumption
Page 2  
 1   of controlled substances, except at the direction of a
 2   licensed physician or pursuant to a valid
 3   prescription.
 4     (4)  The defendant's motor vehicle license is not
 5   currently subject to suspension or revocation for any
 6   other reason.
 7     c.  The court shall forward to the department a
 8   record of any application submitted under paragraph
 9   "b" and the results of the court's disposition of the
10   application."
11     2.  Page 7, by inserting after line 22 the
12   following:
13     "Sec.     .  THIRD OFFENSE OWI REVOCATIONS.  When
14   revoking a defendant's driver's license under section
15   321J.4, the court shall not consider a conviction
16   under section 321J.2 which occurred on or prior to
17   June 30, 1991, for the purpose of determining whether
18   a conviction is a third or subsequent offense under
19   section 321J.2.  If a person whose license was revoked
20   under section 321J.4, subsection 4, for three
21   violations of section 321J.2, one of which occurred on
22   or prior to June 30, 1991, the person may apply for
23   reinstatement of the person's driving privileges and
24   the court shall reinstate those privileges two years
25   after the date of the order for revocation."
Amendment H?1471 was adopted.
Raecker of Polk offered the following amendment H?1614 filed by 
him and Kreiman of Davis from the floor, and moved its adoption:
H-1614
 1     Amend Senate File 189, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 3, by inserting after line 12 the
 4   following:
 5     "Sec. ___.  Section 331.302, subsection 4A,
 6   paragraph a, subparagraph (2), Code 1999, is amended
 7   to read as follows:
 8     (2)  A portion of the Code of Iowa may be adopted
 9   by reference only if the criminal penalty provided by
10   the law adopted does not exceed thirty days'
11   imprisonment or a one two hundred dollar fine."

12     2.  By renumbering as necessary.
Amendment H?1614 was adopted.
Larson of Linn asked and received unanimous consent to withdraw 
amendment H-1499 filed by him on April 7, 1999.
Kreiman of Davis asked and received unanimous consent to 
withdraw amendment H-1466 filed by him and Parmenter of Story 
on April 6, 1999.
Speaker Corbett in the chair at 4:26 p.m.
Raecker of Polk offered amendment H-1394, previously deferred, 
filed by the committee on judiciary as follows:
H-1394
 1     Amend Senate File 189, as amended, passed, and
 2   reprinted by the Senate as follows:
 3     1.  Page 1, by striking lines 27 through 30 and
 4   inserting the following:  "simple misdemeanor. In
 5   addition to any other penalties, the punishment
 6   imposed for a violation of this subsection shall
 7   include assessment of a fine of not less than two
 8   hundred fifty dollars nor more than one thousand five
 9   hundred dollars."
10     2.  Page 2, line 7, by inserting after the word
11   "jurisdiction." the following:  "In addition to any
12   other penalties, the punishment imposed for a
13   violation of this subsection shall include assessment
14   of a fine of not less than two hundred fifty dollars."
15     3.  Page 2, line 15, by inserting after the word
16   "misdemeanor." the following:  "In addition to any
17   other penalties, the punishment imposed for a
18   violation of this subsection shall include assessment
19   of a fine of not less than two hundred fifty dollars."
20     4.  Page 2, by striking lines 28 and 29 and
21   inserting the following:  "penalties, the punishment
22   imposed for a violation of this subsection shall
23   include assessment of a fine of not less than two
24   hundred fifty dollars nor".
25     5.  Page 3, by striking lines 4 and 5, and
26   inserting the following:  "addition to any other
27   penalties, the punishment imposed for a violation of
28   this subsection shall include assessment of a fine of
29   one thousand dollars."
30     6.  Page 3, line 35, by inserting after the word

31   "misdemeanor." the following:  "In addition to any
32   other penalties, the punishment imposed for a
33   violation of this subsection shall include assessment
34   of a fine of not less than two hundred fifty dollars."
35     7.  Page 6, line 21, by inserting after the word
36   "misdemeanor." the following:  "In addition to any
37   other penalties, the punishment imposed for a
38   violation of this subsection shall include assessment
39   of a fine of not less than two hundred fifty dollars."
40     8.  Page 6, line 35, by inserting after the word
41   "misdemeanor." the following:  "In addition to any
42   other penalties, the punishment imposed for a
43   violation of this section shall include assessment of
44   a fine of not less than two hundred fifty dollars."
45     9.  Page 7, line 15, by inserting after the word
46   "misdemeanor." the following:  "In addition to any
47   other penalties, the punishment imposed for a
48   violation of this section shall include assessment of
49   a fine of not less than two hundred fifty dollars."
Kreiman of Davis asked and received unanimous consent to 
withdraw amendment H-1465, to the committee amendment          
H-1394, filed by him on April 6, 1999.
Raecker of Polk moved the adoption of the committee amendment 
H-1394.
The committee amendment H-1394 was adopted.
Raecker 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. 189)
	The ayes were, 92:
Alons	Arnold	Barry	Baudler
Bell	Blodgett	Boal	Bradley
Brauns	Brunkhorst	Bukta	Burnett
Carroll	Cataldo	Chiodo	Cohoon
Cormack	Davis	Dix	Doderer
Dolecheck	Dotzler	Drake	Drees
Eddie	Falck	Fallon	Foege
Frevert	Garman	Gipp	Greiner
Grundberg	Hahn	Hansen	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	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, 4:
Chapman	Ford	Parmenter	Shoultz
	Absent or not voting, 4:
Boddicker	Boggess	Connors	Heaton
The bill having received a constitutional majority was declared to 
have passed the House and the title was agreed to.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Nelson of Marshall, until her return,  on request of Siegrist of Pottawattamie. 
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent 
that the following bills be immediately messaged to the Senate: 
Senate Files 186 and 189.
Senate File 280, a bill for an act providing for investments by 
banks in Iowa agricultural industry finance corporations, with report 
of committee recommending passage, was taken up for consideration.
Weigel of Chickasaw offered amendment H?1516 filed by him as 
follows:
H-1516

 1     Amend Senate File 280, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by inserting after line 8 the
 4   following:
 5     "Sec. ___.  Section 15E.192, subsection 2, Code
 6   1999, is amended to read as follows:
 7     2.  A city with a population of twenty-four
 8   thousand or more, as shown by the 1990 
certified
 9   federal census, may create an economic development
10   enterprise zone as authorized in this division,
11   subject to certification by the department of economic
12   development, by designating one or more contiguous
13   census tracts, as determined in the most recent
14   federal census, or designating other geographic units
15   approved by the department of economic development for
16   that purpose.  If there is an area in the city which
17   meets the requirements for eligibility for an urban or
18   rural enterprise community under Title XIII of the
19   federal Omnibus Budget Reconciliation Act of 1993,
20   such area shall be designated by the state an economic
21   development enterprise zone.  The area meeting the
22   requirements for eligibility for an urban or rural
23   enterprise community shall not be included for the
24   purpose of determining the area limitation pursuant to
25   subsection 3.  In creating an enterprise zone, a city
26   with a population of twenty-four thousand or 
more, as
27   shown by the 1990 certified federal census, 
may
28   designate as part of the area tracts or approved
29   geographic units located in a contiguous city if such
30   tracts or approved geographic units meet the criteria
31   and the city agrees to being included.  The city may
32   establish more than one enterprise zone. Reference in
33   this division to "city" means a city with 
a population
34   of twenty-four thousand or more, as shown 
by the 1990
35   certified federal census."
36     2.  Title page, line 2, by inserting after the
37   word "corporations" the following:  "and relating to
38   criteria for establishing an economic development
39   enterprise zone".
Osterhaus of Jackson rose on a point of order that amendment    
H-1516 was not germane.
The Speaker ruled the point well taken and amendment H-1516 
not germane.
Weigel of Chickasaw asked for unanimous consent to suspend the 
rules to consider amendment H-1516.
	Objection was raised. 

Weigel of Chickasaw moved to suspend the rules to consider 
amendment H-1516.
A non-record roll call was requested.
The ayes were 39, nays 49.
The motion to suspend the rules lost. 
Dotzler of Black Hawk asked and received unanimous consent to 
withdraw amendment H-1520 filed by him on April 8, 1999.
Teig of Hamilton moved that the bill be read a last time now and 
placed upon its passage which motion prevailed and the bill was read 
a last time.
On the question "Shall the bill pass?" (S.F. 280)
	The ayes were, 91:
Alons	Arnold	Barry	Baudler
Bell 	Blodgett	Boal	Bradley
Brauns	Brunkhorst	Bukta	Burnett
Carroll	Cataldo	Chapman	Chiodo
Cohoon	Cormack	Davis	Dolecheck
Dotzler	Drake	Drees	Eddie
Falck	Fallon	Foege	Ford
Frevert	Garman	Gipp	Greiner
Grundberg	Hahn	Hansen	Heaton
Hoffman	Holmes	Horbach	Houser
Huseman	Huser	Jacobs	Jager
Jenkins	Jochum	Johnson	Kettering
Klemme	Kreiman	Kuhn	Larkin
Larson	Lord	Martin	Mascher
May	Mertz	Metcalf	Millage
Mundie	Murphy	Myers	O'Brien
Osterhaus	Parmenter	Raecker	Rants
Rayhons	Reynolds	Richardson	Scherrman
Schrader	Siegrist	Stevens	Sukup
Sunderbruch	Taylor	Teig	Thomas
Thomson	Tyrrell	Van Fossen	Warnstadt
Weidman	Weigel	Welter	Whitead
Wise	Witt	Mr. Speaker
			  Corbett
		The nays were, 3:

Doderer	Holveck	Shoultz	
	Absent or not voting, 6:
Boddicker	Boggess	Connors	Dix	
Nelson	Van Engelenhoven	
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 280 be immediately messaged to the Senate.
Senate File 306, a bill for an act providing for recognition of high 
quality child day care providers, with report of committee 
recommending passage, was taken up for consideration.
Rants of Woodbury asked and received unanimous consent that 
Senate File 306 be deferred and that the bill retain its place on the 
calendar.
Senate File 460, a bill for an act relating to and making 
appropriations to certain state departments, agencies, funds, and 
certain other entities, providing for regulatory authority, other 
properly related matters, and providing effective dates, with report of 
committee recommending amendment and passage, was taken up for 
consideration.
The House stood at ease at 5:47 p.m., until the fall of the gavel.
The House resumed session at 7:07 p.m., Speaker Corbett in the 
chair.
Brunkhorst of Bremer offered amendment H-1514 filed by the 
committee on appropriations as follows:
H-1514
 1     Amend Senate File 460, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 25, by inserting after line 23 the

 4   following:
 5     "Sec. ___.  DEPARTMENT OF GENERAL SERVICES.  There
 6   is appropriated from the general fund of the state to
 7   the department of general services for the fiscal year
 8   beginning July 1, 1998, and ending June 30, 1999, to
 9   supplement the appropriations made in 1998 Iowa Acts,
10   chapter 1217, section 5, subsection 4, the following
11   amount, or so much thereof as is necessary, to be used
12   for the purpose designated:
13     RENTAL SPACE
14     For payment of lease or rental costs of buildings
15   and office space at the seat of government as provided
16   in section 18.12, subsection 9, notwithstanding
17   section 18.16:
18   	 $      67,500
19     Sec. ___.  GOVERNOR AND LIEUTENANT GOVERNOR.  There
20   is appropriated from the general fund of the state to
21   the offices of the governor and lieutenant governor
22   for the fiscal year beginning July 1, 1998, and ending
23   June 30, 1999, to supplement the appropriations made
24   in 1998 Iowa acts, chapter 1217, section 7, subsection
25   1, the following amount, or so much thereof as is
26   necessary, to be used for the purposes designated:
27     GENERAL OFFICE
28     For salaries, support, maintenance, and
29   miscellaneous purposes, including vacation and leave
30   payout for departing staff, for the general office of
31   the governor and the general office of the lieutenant
32   governor:
33   	 $    210,000"
Cataldo of Polk offered the following amendment H?1598, to the 
committee amendment H?1514, filed by him and Brunkhorst of 
Bremer and moved its adoption:
H-1598
 1     Amend the Committee amendment, H-1514, to Senate
 2   File 460, as amended, passed, and reprinted by the
 3   Senate, as follows:
 4     1.  Page 1, line 5, by inserting after the word
 5   "Sec." the following:  "101".
 6     2.  Page 1, line 19, by inserting after the word
 7   "Sec." the following:  "102".
 8     3.  Page 1, by striking line 33 and inserting the
 9   following:
10   "	$    237,000
11   	 FTEs         0.30
12     Of the funds appropriated in this section, not more
13   than $12,000 may be used for the salary, support,
14   maintenance, and miscellaneous purposes, for an

15   administrative assistant for the first lady.
16        .  Page 26, by inserting after line 9 the
17   following:
18     "     .  Sections 101 and 102 of this Act, being
19   deemed of immediate importance, take effect upon
20   enactment.""
Amendment H?1598 was adopted.
Brunkhorst of Bremer moved the adoption of the committee 
amendment H-1514, as amended.
The committee amendment H-1514, as amended, was adopted. 
Chiodo of Polk offered amendment H?1609 filed by him from the 
floor as follows:
H-1609
 1     Amend Senate File 460, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 2, line 8, by striking the figure "17.50"
 4   and inserting the following:  "18.50".
 5     2.  Page 3, line 1, by striking the figure "24.00"
 6   and inserting the following:  "25.00".
 7     3.  Page 3, line 21, by striking the figure
 8   "17.00" and inserting the following:  "19.00".
 9     4.  Page 3, line 27, by striking the figure
10   "92.50" and inserting the following:  "94.50".
11     5.  Page 6, line 10, by striking the figure
12   "45.85" and inserting the following:  "46.85".
13     6.  Page 6, line 16, by striking the figure
14   "114.00" and inserting the following:  "117.00".
15     7.  Page 10, line 31, by striking the figure
16   "20.00" and inserting the following:  "21.00".
17     8.  Page 12, line 24, by striking the figure
18   "13.00" and inserting the following:  "15.00".
19     9.  Page 21, line 23, by striking the figure
20   "525.00" and inserting the following:  "529.00".
Division was requested as follows:
Lines 3 through 16, Division A.
Lines 17 and 18, Division B.
Lines 19 and 20, Division A.
Chiodo of Polk moved the adoption of amendment H-1609A.
	Amendment H?1609A lost.

Brunkhorst of Bremer offered the following amendment H?1611 
filed by him and Cataldo of Polk from the floor and moved its 
adoption:
H-1611
 1     Amend Senate File 460, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 3, line 5, by striking the figure
 4   "50,000" and inserting the following:  "37,000".
 5     2.  Page 24, line 7, by striking the figure
 6   "1,802,117" and inserting the following:  "1,815,117".
Amendment H?1611 was adopted.
Brunkhorst of Bremer offered amendment H?1605 filed by him 
from the floor as follows:
H-1605
 1     Amend Senate File 460, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 4, by inserting after line 7 the
 4   following:
 5     "If 1999 Iowa Acts, Senate File 276, is enacted,
 6   notwithstanding section 505.7, subsection 7, receipts,
 7   refunds, and reimbursements generated by the
 8   examination function for the fiscal year beginning
 9   July 1, 1999, and ending June 30, 2000, may be
10   expended by the division to fund activities required
11   pursuant to 1999 Iowa Acts, Senate File 276, consumer
12   protection, or both activities for the fiscal year
13   beginning July 1, 1999, and ending June 30, 2000."
14     2.  Page 8, by striking line 6 and inserting the
15   following:
16     "5.  STATE FLEET ADMINISTRATOR".
17     3.  Page 8, line 7, by striking the words "vehicle
18   dispatcher" and inserting the following:  "state fleet
19   administrator".
20     4.  Page 8, line 13, by striking the words
21   "VEHICLE DISPATCHER" and inserting the following:
22   "STATE FLEET ADMINISTRATOR".
23     5.  Page 8, line 14, by striking the words
24   "vehicle dispatcher" and inserting the following:
25   "state fleet administrator".
26     6.  Page 9, line 5, by striking the word "damages"
27   and inserting the following:  "penalties".
28     7.  Page 9, line 7, by striking the word "damages"

29   and inserting the following:  "penalties".
30     8.  Page 11, line 10, by inserting after the word
31   "districts." the following:  "The department of
32   economic development may expend moneys available in
33   the Iowa strategic investment fund created pursuant to
34   section 15.313, to develop the self-reporting process
35   as provided in this paragraph."
36     9.  Page 14, line 32, by striking the figure
37   "29.00" and inserting the following:  "30.00".
38     10.  Page 14, by striking lines 33 through 35.
39     11.  Page 15, line 31, by striking the word
40   "damages" and inserting the following:  "penalties."
41     12.  Page 22, line 26, by inserting after the
42   words "compliance to" the following:  "the".
43     13.  Page 22, line 29, by inserting after the word
44   "licensee." the following:  "The lottery division
45   shall have immunity from any liability, civil or
46   criminal, which might otherwise be incurred or imposed
47   if persons under twenty-one years of age are employed
48   in the lottery licensee compliance testing program.
49   Any individual under twenty-one years of age who is
50   participating in the lottery licensee compliance
Page 2  
 1   testing program shall have immunity from any
 2   liability, civil or criminal, which might be incurred
 3   or imposed if the individual is acting within the
 4   scope of the individual's duties as a participant in
 5   the program."
 6     14.  Page 23, line 7, by inserting after the word
 7   "program." the following:  "The records, documents or
 8   statistical information acquired or produced by the
 9   lottery division in administering the lottery licensee
10   compliance testing program shall be considered
11   confidential records and the provisions of chapter 22
12   regarding the examination of public records shall not
13   apply to those confidential records, documents, or
14   statistical information acquired or produced by the
15   lottery division."
16     15.  page 25, line 6, by striking the word
17   "damages" and inserting the following:  "penalties".
Weidman of Cass offered the following amendment H?1615, to 
amendment H?1605, filed by Weidman, Cataldo of Polk, Murphy of 
Dubuque, Barry of Harrison, Greiner of Washington, Millage of Scott 
and Wise of Lee from the floor and moved its adoption:
H-1615

 1     Amend the amendment, H-1605, to Senate File 460, as
 2   amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  By striking page 1, line 41, through page 2,
 5   line 15, and inserting the following:
 6     " ___.  By striking page 22, line 20, through page
 7   23, line 11, and inserting the following:
 8     "It is the intent of the general assembly that the
 9   lottery shall establish a licensee compliance program
10   for education to enhance their compliance on
11   prohibition of sales to persons under 21 years of age.
12   The education program shall include training,
13   marketing, monitoring, and reporting activities in
14   coordination with lottery licensees.  The results of
15   the program shall be reported to the chairperson, vice
16   chairpersons, ranking members, and members of the
17   joint appropriations subcommittee on administration
18   and regulation not later than January 15, 2000.""
A non-record roll call was requested.
The ayes were 40, nays 16.
Amendment H?1615 was adopted.
Brunkhorst of Bremer moved the adoption of amendment H-1605, 
as amended.
Amendment H?1605, as amended, was adopted.
Huser of Polk offered amendment H?1617 filed by Huser, Jacobs of 
Polk, Grundberg of Polk, Fallon of Polk, Ford of Polk, Holveck of Polk, 
Metcalf of Polk, Boal of Polk, Raecker of Polk, Cataldo of Polk, Chiodo 
of Polk, Houser of Pottawattamie, Drake of Pottawattamie, Eddie of 
Buena Vista, Huseman of Cherokee, Mundie of Webster, Mertz of 
Kossuth, Dotzler of Black Hawk, Bukta of Clinton, Taylor of Linn, 
Mascher of Johnson, Sukup of Franklin, Teig of Hamilton, Falck of 
Fayette, Frevert of Palo Alto, Wise of Lee, Richardson of Warren, 
Thomas of Clayton, Shoultz of Black Hawk, Cohoon of Des Moines, 
Drees of Carroll, Larkin of Lee, May of Worth, Warnstadt of 
Woodbury, Scherrman of Dubuque, Murphy of Dubuque, Brauns of 
Muscatine and Jochum of Dubuque, from the floor as follows:
H-1617

 1     Amend Senate File 460, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 6, by inserting after line 10 the
 4   following:
 5     "It is the intent of the general assembly that the
 6   department of general services shall determine and
 7   recommend to the governor and the general assembly a
 8   reimbursement amount to the city of Des Moines for
 9   police and fire protection provided by the city for
10   state-owned buildings and facilities located in the
11   city.  The recommendation shall be a cost benefit
12   analysis based on current state practices in other
13   Iowa cities with state-owned facilities and shall be
14   applicable for inclusion in the budget for the fiscal
15   year 2001."
Millage of Scott offered the following amendment H?1628, to 
amendment H?1617, filed by him from the floor and moved its 
adoption:
H-1628
 1     Amend the amendment, H-1617, to Senate File 460, as
 2   amended, passed, and reprinted by the Senate, as
 3   follows:
 4     1.  Page 1, line 8, by inserting after the word
 5   "amount" the following:  ", if any,".
 6     2.  Page 1, by striking lines 12 through 15 and
 7   inserting the following:  "analysis which shall
 8   include the economic benefits to the city derived from
 9   the multiplier effect of the salaries of state
10   employees employed in the city and the purchase of
11   goods and services used by state agencies located in
12   the city."
A non-record roll call was requested.
Rule 75 was invoked.
The ayes were 51, nays 44.
Amendment H?1628 was adopted.
Huser of Polk moved the adoption of amendment H-1617, as 
amended.
	Amendment H?1617, as amended, was adopted.

LEAVE OF ABSENCE
Leave of absence was granted as follows:
Kuhn of Floyd on request of Schrader of Marion. 
Shoultz of Black Hawk offered the following amendment H?1600 
filed by him and moved its adoption:
H-1600
 1     Amend Senate File 460, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 6, by inserting after line 25 the
 4   following:
 5     "It is the intent of the general assembly that if
 6   the state has a facility in a community that has an
 7   area that is eligible to be designated an enterprise
 8   zone or an area of urban renewal as defined in chapter
 9   403, the state shall lease in that area that is
10   eligible to be designated an enterprise zone or area
11   of urban renewal unless the department of general
12   services certifies that no reasonable facility exists
13   within the area eligible to be designated an
14   enterprise zone or an area of urban renewal.  The
15   department of general services shall certify a lease
16   pursuant to this paragraph with the cooperation of the
17   department of economic development.  The department of
18   general services shall submit its recommendation
19   concerning a lease to the executive council.  This
20   paragraph shall pertain to leases made on or after
21   July 1, 1999."
Amendment H?1600 lost.
Taylor of Linn asked and received unanimous consent that 
amendment H-1607 be deferred.
Murphy of Dubuque asked and received unanimous consent to 
withdraw amendment H-1572 filed by him on April 13, 1999.
Brunkhorst of Bremer moved the adoption of amendment            
H-1609B.
	Amendment H-1609B was adopted.

Cataldo of Polk offered amendment H?1606 filed by him from the 
floor, and requested division as follows:
H-1606
 1     Amend Senate File 460, as amended, passed, and
 2   reprinted by the Senate, as follows:
H-1606A
 3     1.  Page 14, line 31, by striking the figure
 4   "2,173,299" and inserting the following:  "2,242,430".
H-1606B
 5     2.  Page 14, line 32, by striking the figure
 6   "29.00" and inserting the following:  "30.00".
 7     3.  Page 14, line 34, by striking the figure
 8   "100,000" and inserting the following:  "169,131".
Cataldo of Polk moved the adoption of amendment H-1606A.
Amendment H?1606A was adopted, placing amendment H-1606B 
out of order.
Cataldo of Polk asked and received unanimous consent to 
withdraw amendment H-1608 filed by him from the floor.
Mertz of Kossuth asked and received unanimous consent to 
withdraw amendment H-1599 filed by her on April 13, 1999.
Taylor of Linn offered the following amendment H?1607 filed by 
Taylor, Doderer of Johnson, and Ford of Polk from the floor and 
moved its adoption:
H-1607
 1     Amend Senate File 460, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 11, line 1, by striking the figure
 4   "474,884" and inserting the following:  "509,884".
Roll call was requested by Doderer of Johnson and Chiodo of Polk.
	On the question "Shall amendment H-1607 be adopted?" (S.F. 460)

	The ayes were, 42:
Bell	Bukta	Burnett	Cataldo
Chapman	Chiodo	Cohoon	Doderer
Dotzler	Drees	Falck	Fallon
Foege	Ford	Frevert	Holveck
Huser	Jochum	Kreiman	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, 52:
Alons	Arnold	Barry	Baudler
Blodgett	Boal	Bradley	Brauns
Brunkhorst	Carroll	Cormack	Davis
Dix	Dolecheck	Drake	Eddie
Garman	Gipp	Grundberg	Hahn
Hansen	Heaton	Hoffman	Holmes
Horbach	Houser	Huseman	Jacobs
Jager	Jenkins	Johnson	Kettering
Klemme	Larson	Lord	Martin
Metcalf	Millage	Raecker	Rants
Rayhons	Siegrist	Sukup	Sunderbruch
Teig	Thomson	Tyrrell	Van Engelenhoven
Van Fossen	Weidman	Welter	Mr. Speaker
				  Corbett
	Absent or not voting, 6:
Boddicker	Boggess	Connors	Greiner
Kuhn	Nelson	
Amendment H-1607 lost.
Brunkhorst of Bremer 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. 460)
	The ayes were, 87:
Alons	Arnold	Barry	Baudler^
Bell	Blodgett	Boal	Bradley
Brauns	Brunkhorst	Bukta	Burnett
Carroll	Cataldo	Chapman	Chiodo
Cohoon	Cormack	Davis	Dix
Dolecheck	Dotzler	Drake	Drees
Eddie	Falck	Foege	Frevert
Garman	Gipp	Greiner	Grundberg
Hahn	Hansen	Heaton	Hoffman
Holmes	Holveck	Horbach	Houser
Huseman	Huser	Jacobs	Jager
Jenkins	Jochum	Johnson	Kettering
Klemme	Larkin	Larson	Lord
Martin	Mascher	May	Mertz
Metcalf	Millage	Mundie	Murphy
Myers	O'Brien	Osterhaus	Parmenter
Raecker	Rants	Rayhons	Richardson
Scherrman	Schrader	Shoultz	Siegrist
Stevens	Sukup	Sunderbruch	Teig
Thomas	Thomson	Tyrrell	Van Engelenhoven
Weidman	Weigel	Welter	Whitead
Wise	Witt	Mr. Speaker
			  Corbett
	The nays were, 8:
Doderer	Fallon	Ford	Kreiman
Reynolds	Taylor	Van Fossen	Warnstadt
	Absent or not voting, 5:
Boddicker	Boggess	Connors	Kuhn
Nelson	
The bill having received a constitutional majority was declared to 
have passed the House and the title was agreed to.
Senate File 405, a bill for an act limiting the liability of certain 
persons for certain actions arising out of the failure of information 
technology as the result of a year 2000 problem, with report of 
committee recommending passage, was taken up for consideration.
Fallon of Polk asked and received unanimous consent to withdraw 
amendment H-1509 filed by him on April 7, 1999.
Wise of Lee offered the following amendment H?1574 filed by him 
and Jacobs of Polk and moved its adoption:
H-1574

 1     Amend Senate File 405, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by striking lines 15 through 20 and
 4   inserting the following:  "liability of financial
 5   institutions and public utilities that may result from
 6   year 2000 problems in order to ensure that financial
 7   institutions continue to operate during and after
 8   the".
 9     2.  Page 2, by striking lines 21 through 23 and
10   inserting the following:  "financial institution or
11   public utility to perform its intended or requested".
12     3.  Page 3, by striking lines 11 through 14 and
13   inserting the following:  "provided by written
14   contract, a financial institution or public utility
15   shall only be held liable, if at all, for actual".
16     4.  Page 3, by striking lines 16 through 18 and
17   inserting the following:  "financial institution or
18   public utility shall not be held".
19     5.  Page 4, by striking line 21 and inserting the
20   following:  "a financial institution or public
21   utility".
A non-record roll call was requested.
The ayes were 32, nays 50.
Amendment H?1574 lost.
Chapman of Linn offered the following amendment H?1525 filed 
by her and moved its adoption:
H-1525
 1     Amend Senate File 405, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 1, by striking lines 32 through 35 and
 4   inserting the following:  "credit union."
Amendment H?1525 lost.
Chiodo of Polk offered the following amendment H?1392 filed by 
him and moved its adoption:
H-1392
 1     Amend Senate File 405, as amended, passed, and
 2   reprinted by the Senate, as follows:

 3     1.  Page 2, line 31, by striking the figure "2001"
 4   and inserting the following:  "2002".
 5     2.  Page 3, line 2, by striking the figure "2002"
 6   and inserting the following:  "2003".
Amendment H?1392 lost, placing amendment H-1562 filed by 
Chapman of Linn on April 13, 1999, out of order.
Chapman of Linn offered the following amendment H?1565 filed 
by her and moved its adoption:
H-1565
 1     Amend Senate File 405, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 2, line 33, by striking the figure "2001"
 4   and inserting the following:  "2005".
 5     2.  Page 3, line 2, by striking the figure "2002"
 6   and inserting the following:  "2006".
Amendment H?1565 lost.
Chapman of Linn offered the following amendment H?1563 filed 
by her and moved its adoption:
H-1563
 1     Amend Senate File 405, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  By striking page 2, line 35, through page 3,
 4   line 2, and inserting the following:  "discovered the
 5   year 2000 problem.  An action not timely filed is".
Amendment H?1563 lost.
Chapman of Linn offered the following amendment H?1566 filed 
by her and moved its adoption:
H-1566
 1     Amend Senate File 405, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 3, line 3, by inserting after the word
 4   "barred." the following:  "However, this section does
 5   not bar claims, if insurance coverage is provided or
 6   applicable for year 2000 problems, to the extent of
 7   the insurance coverage.  Claims based upon insurance
 8   coverage against a person provided protections under

 9   this section shall be brought within the statute of
10   limitations for such claims as otherwise provided by
11   law."
Amendment H?1566 lost.
Schrader of Marion offered the following amendment H?1506 filed 
by him and moved its adoption:
H-1506
 1     Amend Senate File 405, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 3, line 8, by striking the word "Except"
 4   and inserting the following:
 5     "a.  Except".
 6     2.  Page 3, by inserting after line 24 the
 7   following:
 8     "b.  Notwithstanding paragraph "a", to ensure
 9   personal and corporate accountability, the limitation
10   on damages provided for in this section shall not
11   apply to a financial institution, public utility, or
12   other person for any negligent or reckless act
13   resulting in such damages."
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Shoultz of Black Hawk on request of Weigel of Chickasaw.
Roll call was requested by Schrader of Marion and Rants of 
Woodbury.
On the question "Shall amendment H-1506 be adopted?" (S.F. 405)
	The ayes were, 39:
Bell	Bukta	Burnett	Chapman
Chiodo	Cohoon	Dotzler	Drees
Falck	Fallon	Foege	Ford
Frevert	Holveck	Huser	Jochum
Kreiman	Larkin	Mascher	May
Mertz	Mundie	Murphy	Myers
O'Brien	Osterhaus	Parmenter	Reynolds
Richardson	Scherrman	Schrader	Stevens
	Taylor	Thomas	Warnstadt	Weigel

Whitead	Wise	Witt	
	The nays were, 51:
Alons	Arnold	Barry	Baudler
Blodgett	Boal	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	Raecker	Rants	Rayhons
Siegrist	Sukup	Sunderbruch	Teig
Thomson	Tyrrell	Van Engelenhoven	Van Fossen
Weidman	Welter	Mr. Speaker
			  Corbett
	Absent or not voting, 10:
Boddicker	Boggess	Brunkhorst	Cataldo
Connors	Doderer	Grundberg	Kuhn
Nelson	Shoultz	
Amendment H-1506 lost.
Chapman of Linn offered the following amendment H?1567 filed 
by her and moved its adoption:
H-1567
 1     Amend Senate File 405, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 3, line 30, by inserting after the word
 4   "with" the following:  "the most stringent of the".
Amendment H?1567 lost.
Chapman of Linn offered the following amendment H?1554 filed 
by her and moved its adoption:
H-1554
 1     Amend Senate File 405, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 3, line 35, by inserting after the word
 4   "compliance" the following:  "by clear and convincing
 5   evidence".

 6     2.  Page 4, line 8, by inserting after the word
 7   "fact" the following:  "by clear and convincing
 8   evidence".
Roll call was requested by Chapman of Linn and Dotzler of Black 
Hawk.
On the question "Shall amendment H-1554 be adopted?" (S.F. 405)
	The ayes were, 40:
Bell	Bukta	Burnett	Cataldo
Chapman	Chiodo	Cohoon	Dotzler
Drees	Falck	Fallon	Foege
Ford	Frevert	Holveck	Huser
Jochum	Kreiman	Larkin	Mascher
May	Mertz	Mundie	Murphy
Myers	O'Brien	Osterhaus	Parmenter
Reynolds	Richardson	Scherrman	Schrader
Stevens	Taylor	Thomas	Warnstadt
Weigel	Whitead	Wise	Witt
	The nays were, 51:
Alons	Arnold	Barry	Baudler
Blodgett	Boal	Bradley	Brauns
Brunkhorst	Carroll	Cormack	Davis
Dix	Dolecheck	Drake	Eddie
Garman	Gipp	Greiner	Hahn
Heaton	Hoffman	Holmes	Horbach
Houser	Huseman	Jacobs	Jager
Jenkins	Johnson	Kettering	Klemme
Larson	Lord	Martin	Metcalf
Millage	Raecker	Rants	Rayhons
Siegrist	Sukup	Sunderbruch	Teig
Thomson	Tyrrell	Van Engelenhoven	Van Fossen
Weidman	Welter	Mr. Speaker
			  Corbett
	Absent or not voting, 9:
Boddicker	Boggess	Connors	Doderer
Grundberg	Hansen	Kuhn	Nelson
Shoultz	
Amendment H?1554 lost.
Chapman of Linn asked and received unanimous consent to 
withdraw amendment H-1568 filed by her on April 13, 1999.
	Chapman of Linn offered the following amendment H?1569 filed 

by her and moved its adoption:
H-1569
 1     Amend Senate File 405, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 4, line 3, by inserting after the word
 4   "defendant" the following:  ", except for a defendant
 5   who has manufactured or produced for sale or modified
 6   for resale any information technology,".
Amendment H?1569 lost.
Chiodo of Polk asked and received unanimous consent to withdraw 
amendment H-1400 filed by him on April 5, 1999.
Chapman of Linn offered the following amendment H?1553 filed 
by her and moved its adoption:
H-1553
 1     Amend Senate File 405, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 4, lines 14 and 15, by striking the words
 4   "by clear and convincing evidence".
Amendment H?1553 lost.
Chiodo of Polk offered the following amendment H?1508 filed by 
him and moved its adoption:
H-1508
 1     Amend Senate File 405, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 4, by inserting after line 26 the
 4   following:
 5     "10.  WAIVER OF LIMITATION OF LIABILITY.  A
 6   limitation on a cause of action or recovery of damages
 7   contained in this section is deemed to be waived if
 8   either of the following apply:
 9     a.  The financial institution, public utility, or
10   other person claiming the limitation of liability has
11   represented that the financial institution, public
12   utility, or other person does not have a year 2000
13   problem or has resolved such year 2000 problem.
14     b.  The financial institution, public utility, or
15   other person claiming the limitation of liability has

16   not communicated in writing prior to October 1, 1999,
17   the existence of such limitation of liability to the
18   customers or clients of such financial institution,
19   public utility, or other person.
20     On or after October 1, 1999, a financial
21   institution, public utility, or other person shall
22   provide to a new customer or client written notice of
23   the existence of such limitation of liability, at the
24   time such person becomes a new customer or client."
Roll call was requested by Chiodo of Polk and Schrader of Marion.
On the question "Shall amendment H-1508 be adopted?" (S.F. 405)
	The ayes were, 40:
Bell	Bukta	Burnett	Cataldo
Chapman	Chiodo	Cohoon	Dotzler
Drees	Falck	Fallon	Foege
Ford	Frevert	Holveck	Huser
Jochum	Kreiman	Larkin	Mascher
May	Mertz	Mundie	Murphy
Myers	O'Brien	Osterhaus	Parmenter
Reynolds	Richardson	Scherrman	Schrader
Stevens	Taylor	Thomas	Warnstadt
Weigel	Whitead	Wise	Witt
	The nays were, 52:
Alons	Arnold	Barry	Baudler
Blodgett	Boal	Bradley	Brauns
Brunkhorst	Carroll	Cormack	Davis
Dix	Dolecheck	Drake	Eddie
Garman	Gipp	Greiner	Grundberg
Hahn	Hansen	Heaton	Hoffman
Holmes	Horbach	Houser	Huseman
Jacobs	Jager	Jenkins	Johnson
Kettering	Klemme	Larson	Lord
Martin	Metcalf	Millage	Raecker
Rants	Rayhons	Siegrist	Sukup
Sunderbruch	Teig	Thomson	Tyrrell
Van Engelenhoven	Weidman	Welter	Mr. Speaker
				  Corbett
	Absent or not voting, 8:
Boddicker	Boggess	Connors	Doderer
Kuhn	Nelson	Shoultz	Van Fossen	
Amendment H?1508 lost.
	The House stood at ease at 11:19 p.m., until the fall of the gavel.

The House resumed session at 11:59 p.m., Speaker Corbett in the 
chair.
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. 405)
	The ayes were, 56:
Alons	Arnold	Barry	Baudler
Blodgett	Boal	Bradley	Brauns
Brunkhorst	Carroll	Cataldo	Chiodo
Cormack	Davis	Dix	Dolecheck
Drake	Eddie	Garman	Gipp
Grundberg	Hahn	Hansen	Heaton
Hoffman	Holmes	Horbach	Houser
Huseman	Jacobs	Jager	Jenkins
Johnson	Kettering	Klemme	Larson
Lord	Martin	Mertz	Metcalf
Millage	Raecker	Rants	Rayhons
Reynolds	Siegrist	Sukup	Sunderbruch
Teig	Thomson	Tyrrell	Van Engelenhoven
Van Fossen	Weidman	Welter	Mr. Speaker
				  Corbett
	The nays were, 36:
Bell	Bukta	Burnett	Chapman
Cohoon	Dotzler	Drees	Falck
Fallon	Foege	Ford	Frevert
Greiner	Holveck	Huser	Jochum
Kreiman	Larkin	Mascher	May
Mundie	Murphy	Myers	O'Brien
Osterhaus	Parmenter	Richardson	Scherrman
Schrader	Stevens	Taylor	Thomas
Warnstadt	Whitead	Wise	Witt	
	Absent or not voting, 7:
Boddicker	Boggess	Connors	Doderer
Kuhn	Nelson	Shoultz	
Under the provision of Rule 76, conflict of interest, Weigel of 
Chickasaw refrained from voting.
	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 Files 405 and 460 be immediately messaged to the 
Senate.
SENATE MESSAGE CONSIDERED
Senate File 436, by committee on agriculture, a bill for an act 
relating to practices involving the marketing of livestock concerning 
packers, by providing for the regulation of certain purchase 
information and contracting, and providing penalties and effective 
dates.
Read first time and passed on file.
EXPLANATIONS OF VOTE
I was necessarily absent from the House chamber on April 14, 
1999. Had I been present, I would have voted "aye" on Senate File 
437.
HANSEN of Pottawattamie
I was necessarily absent from the House chamber on April 13, 
1999. Had I been present, I would have voted "aye" on Senate File 
424.
THOMAS of Clayton
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 14th day of April, 1999: House Files 224, 403 

and 633.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that 
on April 14, 1999, he approved and transmitted to the Secretary of 
State the following bills:
House File 136, an act relating to the criminal offenses that require registration as 
provided in the sex offender registry law and providing an effective date.
House File 144, an act relating to the distribution of moneys held in trust for a 
participant in the certified school to career program.
House File 387, an act relating to confidentiality for certain taxpayer communi-
cations.
Senate File 99, an act providing for a change in the composition requirement for 
nurses on the Iowa board of nursing examiners.
Senate File 224, 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.
Senate File 281, an act concerning the workforce development department, by 
providing for the establishment of a workforce 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 conservation corps 
employee rights.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present in 
the House chamber:
Seventeen Local Government students from Lamoni High School, 
Lamoni, accompanied by Jack Vanderflught. By Dolecheck of 
Ringgold.
	Students from Charter Oak-Ute School, Charter Oak, accompanied 

by their teacher, Joel Dinger and chaperone, Wyn Golslar. By 
Hoffman of Crawford.
Forty-one seventh grade students from Rockwell City-Lytton 
Middle School, Lytton, accompanied by Diane Lenertz. By Mundie of 
Webster and Kettering of Sac.
Forty sixth grade students from Manson Northwest Webster 
School, Barnum, accompanied by Diane Scheffler and Janine Lynch. 
By Mundie of Calhoun.
Four Girl Scouts from Indianola, accompanied by Mrs. Neal and 
Mrs. Torres. By Richardson of Warren.
COMMUNICATION RECEIVED
The following communication was received and filed in the office of 
the Chief Clerk:
IOWA WORKFORCE DEVELOPMENT
The 1999 Status Report on the Iowa Unemployment Compensation Trust Fund, 
pursuant to Chapter 96.35, Code of Iowa.
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\678	Travis Weipert, Marquette - For attaining the rank of Eagle Scout, the 
highest rank in the Boy Scouts of America.
1999\679	Marguerite and Dewey Grinstead, Ottumwa - For celebrating their 
67th wedding anniversary.
1999\680	Laurel Eckhouse, Roosevelt High School, Des Moines - For being 
selected as a finalist in the 1999 Presidential Scholars Program.
1999\681	Stephen Davis, Roosevelt High School, Des Moines - For being selected 
as a finalist in the 1999 Presidential Scholars Program.
1999\682	Scott Lerner, Roosevelt High School, Des Moines - For being selected 

as a finalist in the 1999 Presidential Scholars Program.
1999\683	Eugena Song, Ames High School, Ames - For being selected as a 
finalist in the 1999 Presidential Scholars Program.
1999\684	Matthew Keller, Pleasant Valley High School, Pleasant Valley - For 
being selected as a finalist in the 1999 Presidential Scholars Program.
1999\685	Kristin Brostrom, Newton High School, Newton - For being selected as 
a finalist in the 1999 Presidential Scholars Program.
1999\686	Regina and Leland Capps, Ottumwa - For celebrating their 50th 
wedding anniversary.
1999\687	Erik Alexander, Iowa City - For attaining the rank of Eagle Scout, the 
highest rank in the Boy Scouts of America.
1999\688	Martha Steensland, New Hampton - For celebrating her 90th birthday.
1999\689	Helen Maseman, Elma - For celebrating her 90th birthday.
1999\690	Kelley Kennon, Stanton - For receiving 3rd place in the U. S. Savings 
Bond Poster Contest for Iowa students.
1999\691	Agnes and Glen Miller, Menlo - For celebrating their 50th wedding 
anniversary.
1999\692	Winterset City Limit News, Winterset - For receiving the Media of the 
Year Award.
1999\693	Zachary Ryther, Mt. Pleasant - For attaining the rank of Eagle Scout, 
the highest rank in the Boy Scouts of America.
1999\694	Andrew Ungerman, Mt. Pleasant - For attaining the rank of Eagle 
Scout, the highest rank in the Boy Scouts of America.
1999\695	Jonathon Lindeen, Mt. Pleasant - For attaining the rank of Eagle 
Scout, the highest rank in the Boy Scouts of America.
1999\696	Lenora and Wesley Buresh, Ely - For celebrating their 60th wedding 
anniversary.
1999\697	Marilyn and Ray Overman, Mt. Vernon - For celebrating their 50th 
wedding anniversary.
1999\698	Faye and Joseph Pitlik, Mt. Vernon - For celebrating their 55th 
wedding anniversary.
1999\699	Alice Allhouse, Vinton - For celebrating her 100th birthday.
SUBCOMMITTEE ASSIGNMENTS

Senate File 136
Ways and Means: Jager, Chair; Chapman and Van Fossen.
Senate File 458
Ways and Means: Houser, Chair; Lord and Myers.
Senate File 461
Appropriations: Gipp, Chair; Cormack and Warnstadt.
Senate File 469
Ways and Means: Jenkins, Chair; Hoffman and Weigel.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT
House Study Bill 261
Ways and Means: Houser, Chair; Drake and Shoultz.
HOUSE STUDY BILL COMMITTEE ASSIGNMENT
H.S.B. 262  Ways and Means
Relating to the limited licensure of motor vehicle rental companies by 
authorizing motor vehicle rental companies to offer and sell certain 
types of insurance with the rental of vehicles, providing for licensure 
of counter employees, relating to the use of qualified vendor for pur-
poses of administering examinations, and providing for a fee for li-
cense issuance.
COMMITTEE RECOMMENDATION
MR. SPEAKER: The Chief Clerk of the House respectfully reports 
that the following committee recommendation has been received and 
is on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON APPROPRIATIONS

Senate File 464, a bill for an act relating to the funding of, operation of, and 
appropriation of moneys to the college student aid commission, the department of 
cultural affairs, the department of education, and the state board of regents, providing 
related statutory changes, and providing effective dates.
Fiscal Note is not required. 
Recommended Amend and Do Pass with amendment H-1618 April 14, 1999.
RESOLUTION FILED
SCR 12, by Rife, Fink, McLaren, McKibben, Redwine, Boettger, 
Behn, Sexton, Gaskill, Bolkcom, Harper, Soukup, Hammond, 
Dvorsky, Dearden, Hedge, Angelo, Maddox, Judge, Jensen, Bartz, 
Johnson, Drake, Tinsman, McKean, Rittmer, King, Shearer, 
Szymoniak, Freeman, Miller, Black, Horn, Kramer, Zieman, Fraise, 
Lamberti, Gronstal, Iverson, Schuerer, Connolly, Kibbie, Rehberg, 
and Veenstra, a concurrent resolution urging that Iowa State 
University of Science and Technology retain the name of its College of 
Agriculture.
Referred to committee on education.
AMENDMENTS FILED
H-1610	H.F.	748	Weigel of Chickasaw
H-1612	H.C.R.	21	Falck of Fayette
			Eddie of Buena Vista
H-1613	S.F.	294	Doderer of Johnson
Bradley of Clinton		Martin of Scott
Barry of Harrison		Kreiman of Davis
H-1616	H.F.	748	Thomas of Clayton
H-1618	S.F.	464	Committee on Appropriations
H-1619	S.F.	324	Weigel of Chickasaw
H-1620	S.F.	324	Weigel of Chickasaw
H-1621	S.F.	324	Weigel of Chickasaw
H-1622	S.F.	324	Weigel of Chickasaw
H-1623	S.F.	324	Weigel of Chickasaw
H-1624	S.F.	468	Millage of Scott
H-1625	S.F.	468	Garman of Story

			Bell of Jasper
H-1626	S.F.	468	Warnstadt of Woodbury
H-1627	S.F.	468	Garman of Story
H-1629	H.F.	747	Osterhaus of Jackson
H-1630	S.F.	449	Doderer of Johnson
On motion by Siegrist of Pottawattamie the House adjourned at 
12:10 a.m., until 9:30 a.m., Thursday, April 15, 1999.
1300	JOURNAL OF THE HOUSE	94th Day
94th Day	WEDNESDAY, APRIL 14, 1999	1301

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