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Ninety-fifth Calendar Day - Sixtieth Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, April 15, 1999 The House met pursuant to adjournment at 9:40 a.m., Speaker pro tempore Rants in the chair. Prayer was offered by Reverend T.M. Marks, pastor of St. Paul Lutheran Church, Postville. The Journal of Wednesday, April 14, 1999 was approved. PETITIONS FILED The following petitions were received and placed on file: By Bukta of Clinton, from forty constituents of the 38th district favoring the establishment of a fuel quality standard. By Greiner of Washington, from several constituents favoring adoption of a fuel quality standard in Iowa. By Larkin of Lee, from eleven constituents of district 99 favoring a fuel quality standard for Iowa. By Osterhaus of Jackson, from two hundred thirty-seven constituents favoring state infrastructure support of local school buildings. By Reynolds of Van Buren, from sixty-seven constituents from southeast Iowa, favoring a fuel quality standard for Iowa including the increase of ethanol production and raising the value of corn. By Wise of Lee, from two hundred seventy patrons of the Midland Community School, favoring the direct use of state monies to help local schools with infrastructure needs. 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, amended and passed the following bill in which the concurrence of the House is asked: House File 664, a bill for an act creating an adult mental health, mental retardation, and developmental disabilities services funding decategorization pilot project. Also: That the Senate has on April 14, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 115, a bill for an act relating to alcohol testing of private sector employees and prospective employees and providing an effective date. MICHAEL E. MARSHALL, Secretary LEAVE OF ABSENCE Leave of absence was granted as follows: Boggess of Taylor and Brauns of Muscatine, on request of Gipp of Winneshiek; Connors of Polk, Kuhn of Floyd and Shoultz of Black Hawk on request of Myers of Johnson; Millage of Scott on request of Siegrist of Pottawattamie. TEACHER OF THE DAY Representative Fallon of Polk presented to the House Professor Dale Patrick, teacher of Drake University. CONSIDERATION OF BILLS Unfinished Business Calendar Senate File 407, a bill for an act relating to registration of all- terrain vehicles and snowmobiles and providing for and applying penalties, with report of committee recommending amendment and passage, was taken up for consideration. Blodgett of Cerro Gordo offered amendment H-1278 filed by the committee on transportation as follows: H-1278 1 Amend Senate File 407, as passed by the Senate, as 2 follows: 3 1. Page 2, by inserting after line 30 the 4 following: 5 "Sec. . Section 321G.29, subsections 1 and 3 6 through 9, Code 1999, are amended to read as follows: 7 1. The owner of a snowmobile acquired on or after 8 January 1, 1998, or an all-terrain vehicle acquired on 9 or after January 1, 2000, other than a snowmobile or 10 all-terrain vehicle used exclusively as a farm 11 implement, shall apply to the county recorder of the 12 county in which the owner resides for a certificate of 13 title for the snowmobile or all-terrain vehicle. The 14 owner of a snowmobile or all-terrain vehicle used 15 exclusively as a farm implement may obtain a 16 certificate of title. 17 3. An owner of a snowmobile or all-terrain vehicle 18 shall apply to the county recorder for issuance of a 19 certificate of title within thirty days after 20 acquisition. The application shall be on forms the 21 department prescribes and accompanied by the required 22 fee. The application shall be signed and sworn to 23 before a notary public or other person who administers 24 oaths, or shall include a certification signed in 25 writing containing substantially the representation 26 that statements made are true and correct to the best 27 of the applicant's knowledge, information, and belief, 28 under penalty of perjury. The application shall 29 contain the date of sale and gross price of the 30 snowmobile or all-terrain vehicle or the fair market 31 value if no sale immediately preceded the transfer and 32 any additional information the department requires. 33 If the application is made for a snowmobile or all- 34 terrain vehicle last previously registered or titled 35 in another state or foreign country, the application 36 shall contain this information and any other 37 information the department requires. 38 4. If a dealer buys or acquires a snowmobile or 39 all-terrain vehicle for resale, the dealer shall 40 report the acquisition to the county recorder on forms 41 provided by the department and may apply for and 42 obtain a certificate of title as provided in this 43 chapter. If a dealer buys or acquires a used 44 snowmobile or all-terrain vehicle, the dealer may 45 apply for a certificate of title in the dealer's name 46 within fifteen days. If a dealer buys or acquires a 47 new snowmobile or all-terrain vehicle for resale, the 48 dealer may apply for a certificate of title in the 49 dealer's name. 50 5. A manufacturer or dealer shall not transfer Page 2 1 ownership of a new snowmobile or new all-terrain 2 vehicle without supplying the transferee with the 3 manufacturer's or importer's certificate of origin 4 signed by the manufacturer's or importer's authorized 5 agent. The certificate shall contain information the 6 department requires. The department may adopt rules 7 providing for the issuance of a certificate of origin 8 for a snowmobile or all-terrain vehicle by the 9 department upon good cause shown by the owner. 10 6. A dealer transferring ownership of a snowmobile 11 or all-terrain vehicle under this chapter shall assign 12 the title to the new owner, or in the case of a new 13 snowmobile or new all-terrain vehicle, assign the 14 certificate of origin. Within fifteen days the dealer 15 shall forward all moneys and applications to the 16 county recorder. 17 7. The county recorder shall maintain a record of 18 any certificate of title which the county recorder 19 issues and shall keep each certificate of title on 20 record until the certificate of title has been 21 inactive for five years. When issuing a title for a 22 new snowmobile or new all-terrain vehicle, the county 23 recorder shall obtain and keep on file the certificate 24 of origin. 25 8. Once titled, a person shall not sell or 26 transfer ownership of a snowmobile or all-terrain 27 vehicle without delivering to the purchaser or 28 transferee a certificate of title with an assignment 29 on it showing title in the purchaser or transferee. A 30 person shall not purchase or otherwise acquire a 31 snowmobile or all-terrain vehicle without obtaining a 32 certificate of title for it in that person's name. 33 9. The county recorder shall transmit a copy of 34 the certificate of title to the department, which 35 shall be the central repository of title information 36 for snowmobiles and all-terrain vehicles. 37 Sec. . Section 321G.31, Code 1999, is amended 38 to read as follows: 39 321G.31 TRANSFER OR REPOSSESSION OF SNOWMOBILE OR 40 ALL-TERRAIN VEHICLE BY OPERATION OF LAW. 41 1. If ownership of a snowmobile or all-terrain 42 vehicle is transferred by operation of law, such as by 43 inheritance, order in bankruptcy, insolvency, 44 replevin, or execution sale, the transferee, within 45 thirty days after acquiring the right to possession of 46 the snowmobile or all-terrain vehicle, shall mail or 47 deliver to the county recorder satisfactory proof of 48 ownership as the county recorder requires, together 49 with an application for a new certificate of title, 50 and the required fee. Page 3 1 2. If a lienholder repossesses a snowmobile or 2 all-terrain vehicle by operation of law and holds it 3 for resale, the lienholder shall secure a new 4 certificate of title and shall pay the required fee. 5 Sec. . Section 321G.32, subsection 1, 6 unnumbered paragraph 1, Code 1999, is amended to read 7 as follows: 8 A security interest created in this state in a 9 snowmobile or all-terrain vehicle is not perfected 10 until the security interest is noted on the 11 certificate of title." 12 2. Title page, line 1, by inserting after the 13 words "relating to" the following: "title 14 certificates for and". The House stood at ease at 9:55 a.m., until the fall of the gavel. The House resumed session at 11:10 a.m., Speaker pro tempore Rants in the chair. Blodgett of Cerro Gordo offered the following amendment H?1413, to the committee amendment H?1278, filed by him and moved its adoption: H-1413 1 Amend the amendment, H-1278, to Senate File 407, as 2 passed by the Senate, as follows: 3 1. Page 1, by inserting before line 3 the 4 following: 5 "____. Page 1, by inserting before line 1 the 6 following: 7 "Section 1. Section 321G.1, subsection 1, Code 8 1999, is amended by adding the following new 9 unnumbered paragraph: 10 NEW UNNUMBERED PARAGRAPH. Two-wheeled off-road 11 motorcycles shall be considered all-terrain vehicles 12 only for the purpose of titling and registration and 13 not for purposes of regulation."" 14 2. By renumbering as necessary. Amendment H-1413 was adopted. Blodgett of Cerro Gordo moved the adoption of the committee amendment H-1278, as amended. The committee amendment H-1278, as amended, was adopted. Blodgett of Cerro Gordo moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 407) The ayes were, 93: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Bradley Brunkhorst Bukta Burnett Carroll 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 Martin Mascher May Mertz Metcalf Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rayhons Reynolds Richardson Scherrman Schrader Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Rants, Presiding The nays were, none. Absent or not voting, 7: Boggess Brauns Connors Lord Millage Shoultz Van Engelenhoven The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 407 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 15, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 395, a bill for an act providing that defendants convicted of class "C" vehicular manslaughter are not bailable on appeal. Also: That the Senate has on April 15, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 412, a bill for an act providing for the membership of the advisory board to the Leopold center for sustainable agriculture. Also: That the Senate has on April 15, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 414, a bill for an act relating to carrying a gun in or on a vehicle on a public highway. Also: That the Senate has on April 15, 1999, amended and passed the following bill in which the concurrence of the House is asked: House File 472, a bill for an act relating to burial sites on private property. Also: That the Senate has on April 15, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 584, a bill for an act relating to the uniform principal and income Act and providing for its applicability. Also: That the Senate has on April 15, 1999, amended and passed the following bill in which the concurrence of the House is asked: House File 660, a bill for an act relating to certain property of a debtor which is exempt from execution, and providing an effective date and for the Act's applicability. Also: That the Senate has on April 15, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 663, a bill for an act relating to the establishment of an Iowa trust code, and providing an effective date. MICHAEL E. MARSHALL, Secretary Senate File 211, a bill for an act relating to eligibility of certain persons with disabilities under the optional services coverage category of medical assistance, with report of committee recom- mending passage, was taken up for consideration. Witt 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. 211) The ayes were, 93: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Bradley Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Martin Mascher May Mertz Metcalf Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker 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 Rants, Presiding The nays were, none. Absent or not voting, 7: Boggess Brauns Connors Eddie Lord Millage Shoultz The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 395, a bill for an act relating to the department of corrections by providing for purchases from Iowa prison industries, the study of inmate worker safety issues, the establishment of a criminal offense for attempts to escape, the crediting of time served by inmates, inmate work program agreements, the revolving farm fund, and deductions from inmate work program earnings, standards for the employment of probation and parole officers, and making penalties applicable, with report of committee recommending amendment and passage, was taken up for consideration. Kettering of Sac offered amendment H-1391 filed by the committee on judiciary as follows: H-1391 1 Amend Senate File 395, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 6, by striking the words "fifty4 sixty" and inserting the following: "fifty". 5 2. Page 1, by striking lines 18 through 22 and 6 inserting the following: "prison industries. Unused 7 moneys". 8 3. By striking page 4, line 27, through page 5, 9 line 20. 10 4. By striking page 5, line 27, through page 6, 11 line 14, and inserting the following: "deductions 12 required by law.Thedepartmentofcorrectionsshall13deducttwentypercentofthebalancetobecreditedto14theinmate'sgeneralaccount.Thedepartmentshall15thendeductfromtheearningsremainingasfollows:16a.Thedepartmentshallfirstdeductthefollowing17amountsinthefollowingorderofpriority:18 The inmate's employer shall provide each employed 19 inmate with the withholding statement required under 20 section 422.16, and any other employment information 21 necessary for the receipt of the remainder of an 22 inmate's payroll earnings. 23 b. From the inmate's gross payroll earnings, the 24 following amounts shall be deducted: 25 (1)Anamounttheinmatemaybelegallyobligated26topayforthesupportoftheinmate'sdependents,the27amountofwhichshallbepaidtothedependents28throughthedepartmentofhumanservicescollection29servicescenter.Twenty percent, to be deposited in 30 the inmate's general account. 31 (2)Restitutionasorderedbythecourtpursuant32tochapter910.All required tax deductions, to be 33 collected by the inmate's employer. 34 (3) Five percent,ofthebalanceto be deducted 35 for the victim compensation fund created in section 36 915.94. 37(4)Anamounttheinmateislegallyobligatedto38payforanyotherfinancialobligation.39(5)Anamountdeterminedtobethecosttothe40departmentofcorrectionsforprovidingforthe41incarcerationoftheinmate.42 c. From the balance remaining after deduction of 43 the amounts under paragraph "b", the following amounts 44 shall be deducted in the following order of priority: 45 (1) An amount which the inmate may be legally 46 obligated to pay for the support of the inmate's 47 dependents, which shall be paid through the department 48 of human services collection services center, and 49 which shall include an amount for delinquent child 50 support not to exceed fifty percent of net earnings. Page 2 1 (2) Restitution as ordered by the court under 2 chapter 910. 3 (3) Any balance remaining after the deductions 4 made under subparagraphs (1) and (2) shall represent 5 the costs of the inmate's incarceration and shall be 6 deposited, effective July 1, 2000, in the general fund 7 of the state." 8 5. Page 6, line 27, by inserting after the word 9 "standards" the following: "by rule". 10 6. Title page, lines 5 and 6, by striking the 11 words "the revolving farm fund,". 12 7. By renumbering as necessary. Kreiman of Davis offered the following amendment H?1454, to the committee amendment H?1391, filed by him and Kettering of Sac and moved its adoption: H-1454 1 Amend the amendment, H-1391, to Senate File 395, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by inserting after line 4 the 5 following: 6 " . Page 1, by striking lines 12 through 16 and 7 inserting the following: "succeeding fiscal year for 8 employee trainingandfotechnology"." Amendment H?1454 was adopted. Kettering of Sac offered the following amendment H?1533, to the committee amendment H?1391, filed by him and moved its adoption: H-1533 1 Amend the amendment, H-1391, to Senate File 395, as 2 amended, passed, and reprinted by the Senate, as 3 follows: 4 1. Page 1, by inserting after line 9 the 5 following: 6 " . Page 5, line 23, by inserting after the 7 figure "5." the following: "a."" 8 2. Page 2, by inserting after line 7 the 9 following: 10 " . Page 6, line 15, by striking the letter 11 "b.", and inserting the following: "bd."" 12 3. By renumbering as necessary. Amendment H?1533 was adopted. Kettering of Sac moved the adoption of the committee amendment H-1391, as amended. The committee amendment H-1391, as amended, was adopted. Kettering of Sac asked and received unanimous consent to withdraw amendment H-1414 filed by Millage of Scott on April 5, 1999. LEAVE OF ABSENCE Leave of absence was granted as follows: Mertz of Kossuth, until her return, on request of Schrader of Marion. Kettering of Sac moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 395) The ayes were, 89: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Bradley Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Corbett, Spkr. Cormack Davis Dix Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Garman Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Kettering Klemme Kreiman Kuhn Larkin Larson Martin Mascher May Metcalf Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker 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 Rants, Presiding The nays were, 1: Fallon Absent or not voting, 10: Boggess Brauns Connors Doderer Gipp Johnson Lord Mertz Millage Shoultz The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. Eddie of Buena Vista in the chair at 11:50 a.m. Senate File 287, a bill for an act relating to child welfare pro- visions involving foster home damages, voluntary foster care place- ments of children with mental retardation or other developmental disability, release of child abuse information, and annual group foster care and decategorization plans, and providing a contingent effective date, with report of committee recommending passage, was taken up for consideration. Carroll of Poweshiek asked and received unanimous consent to withdraw amendment H-1422 filed by him on April 5, 1999. Carroll of Poweshiek offered the following amendment H?1559 filed by him and moved its adoption: H-1559 1 Amend Senate File 287, as passed by the Senate, as 2 follows: 3 1. Page 1, by striking lines 1 through 33. 4 2. Title page, lines 1 and 2, by striking the 5 words "foster home damages,". 6 3. By renumbering as necessary. Amendment H?1559 was adopted. Carroll of Poweshiek offered the following amendment H?1632 filed by him from the floor and moved its adoption: H-1632 1 Amend Senate File 287, as passed by the Senate, as 2 follows: 3 1. Page 4, by striking lines 16 through 21 and 4 inserting the following: 5 "Sec. ___. Section 235A.15, subsection 2, 6 paragraph f, Code 1999, is amended by adding the 7 following new unnumbered paragraph: 8 NEW UNNUMBERED PARAGRAPH. To an individual who is 9 requesting information on a specific case of child 10 abuse which resulted in a child fatality or near 11 fatality." 12 2. By renumbering as necessary. Amendment H?1632 was adopted. Carroll of Poweshiek 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. 287) The ayes were, 91: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker^ Bradley Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Corbett, Spkr. Cormack Davis Doderer Dolecheck Dotzler Drake Drees Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Martin Mascher May Metcalf Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Warnstadt Weidman Weigel Welter Whitead Wise Witt Eddie, Presiding The nays were, none. Absent or not voting, 9: Boggess Brauns Connors Dix Lord Mertz Millage Shoultz Van Fossen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Appropriations Calendar House File 763, a bill for an act relating to the reimbursement rate for federally qualified health centers and rural health clinics under the medical assistance program, was taken up for consider- ation. Heaton of Henry 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. 763) The ayes were, 91: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Bradley Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Falck Fallon 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 Martin Mascher May Metcalf Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Warnstadt Weidman Weigel Welter Whitead Wise Witt Eddie, Presiding The nays were, none. Absent or not voting, 9: Boggess Brauns Connors Foege Lord Mertz Millage Shoultz Van Fossen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Rants of Woodbury asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 211, 395, 287 and House File 763. On motion by Rants of Woodbury, the House was recessed at 12:10 p.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 1:10 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 sixty members present, forty absent. SENATE AMENDMENTS CONSIDERED Raecker of Polk called up for consideration House File 498, a bill for an act defining as a fraudulent practice certain creation or use of retail sales receipts or universal price code labels, and applying penalties, amended by the Senate, and moved that the House concur in the following Senate amendment H-1550: H-1550 1 Amend House File 498, as passed by the House, as 2 follows: 3 1. Page 1, line 4, by inserting after the word 4 "otherwise" the following: "knowingly". 5 2. Page 1, line 7, by inserting after the word 6 "person" the following: "engaged in the business of 7 retailing". The motion prevailed and the House concurred in the Senate amendment H-1550. Raecker of Polk moved that the bill, as amended by the Senate and concurred in 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. 498) The ayes were, 92: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Bradley Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larson Lord Martin Mascher May Mertz Metcalf Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter 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, none. Absent or not voting, 8: Boggess Brauns Cohoon Connors Davis Larkin Millage Shoultz The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Dix of Butler called up for consideration House File 458, a bill for an act relating to the role of an auctioneer in conducting a public sale or auction involving real property, amended by the Senate, and moved that the House concur in the following Senate amendment H-1552: H-1552 1 Amend House File 458, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, lines 9 and 10, by striking the words 4 ", who will be present at the time of the auction,". The motion prevailed and the House concurred in the Senate amendment H-1552. Dix of Butler moved that the bill, as amended by the Senate and concurred in 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. 458) The ayes were, 89: Alons Arnold Baudler Bell Blodgett Boal Boddicker Bradley Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn 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 Rants Reynolds Richardson Scherrman Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt The nays were, none. Absent or not voting, 11: Barry Boggess Brauns Connors Davis Houser Millage Rayhons Schrader Shoultz Mr. Speaker Corbett The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Blodgett of Cerro Gordo called up for consideration House File 497, a bill for an act relating to certain programs and public health issues under the purview of the Iowa department of public health, amended by the Senate amendment H-1405 as follows: H-1405 1 Amend House File 497, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, by inserting after line 2 the 4 following: 5 "Sec. . Section 135.11, subsection 9, Code 6 1999, is amended to read as follows: 7 9. Exercise sole jurisdiction over the disposal 8 and transportation of the dead bodies of human beings 9 and prescribe the methods to be used in preparing such 10 bodies for disposal and transportation. However, the 11 department may approve a request for an exception to 12 the application of specific embalming and disposition 13 rules adopted pursuant to this subsection, if such 14 rules would otherwise conflict with tenets and 15 practices of a recognized religious denomination to 16 which the deceased individual adhered or of which 17 denomination the deceased individual was a member. 18 The department shall inform the board of mortuary 19 science examiners of any such approved exception which 20 may affect services provided by a funeral director 21 licensed pursuant to chapter 156." 22 2. Page 6, line 10, by striking the word "four" 23 and inserting the following: "five". 24 3. Page 6, line 12, by inserting after the word 25 "medicine," the following: "one podiatrist,". 26 4. By renumbering, relettering, or redesignating 27 and correcting internal references as necessary. Metcalf of Polk offered the following amendment H?1488, to the Senate amendment H?1405, filed by her and moved its adoption: H-1488 1 Amend the Senate amendment, H-1405, to House File 2 497, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 1, by inserting after line 21, the 5 following: 6 " . Page 6, by inserting after line 1 the 7 following: 8 "Sec. . Section 135C.2, subsection 5, paragraph 9 b, Code 1999, is amended to read as follows: 10 b. A facility must be located in an area zoned for 11 single or multiple-family housing or in an 12 unincorporated area and must be constructed in 13 compliance with applicable local requirements and the 14 rules adopted for the special classification by the 15 state fire marshal in accordance with the concept of 16 the least restrictive environment for the facility 17 residents.Therulesadoptedbythestatefire18marshalforthespecialclassificationshallbeno19morerestrictivethantherulesadoptedbythestate20firemarshalfordemonstrationwaiverproject21facilitiespursuantto1986IowaActs,chapter1246,22section206,subsection2.Local requirements shall 23 not be more restrictive than the rules adopted for the 24 special classification by the state fire marshal and 25 the state building code requirements for single or 26 multiple-family housing."" 27 2. Page 1, by inserting after line 25 and 28 inserting the following: 29 " . Title page, line 1, by inserting after the 30 word "issues" the following: "including those"." 31 3. By renumbering as necessary. Amendment H?1488 was adopted. On motion by Blodgett of Cerro Gordo the House concurred in the Senate amendment H-1405, as amended. Blodgett of Cerro Gordo moved that the bill, as amended by the Senate, further amended and concurred in 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. 497) The ayes were, 89: Alons Arnold Baudler Bell Blodgett Boal Boddicker Bradley Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman 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 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, 11: Barry Boggess Brauns Connors Davis Holmes Houser Millage Rants Schrader Shoultz The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGES Rants of Woodbury asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 498, 458 and 497. Jacobs of Polk called up for consideration House File 624, a bill for an act relating to electronic commerce security, and providing penalties, amended by the Senate, and moved that the House concur in the following Senate amendment H-1541: H-1541 1 Amend House File 624, as passed by the House, as 2 follows: 3 1. Page 2, line 12, by inserting after the word 4 "signature" the following: ", except as otherwise 5 provided by a rule of law". 6 2. Page 2, line 34, by striking the word "any" 7 and inserting the following: "the". 8 3. Page 2, line 35, by inserting after the word 9 "branch" the following: ", or an". The motion prevailed and the House concurred in the Senate amendment H-1541. Jacobs of Polk moved that the bill, as amended by the Senate and concurred in 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. 624) The ayes were, 90: Alons Arnold Baudler Bell Blodgett Boal Boddicker Bradley Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn 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 Rants Rayhons Reynolds Richardson Scherrman 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, 10: Barry Boggess Brauns Connors Davis Houser Millage Schrader Shoultz Siegrist The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Ways and Means Calendar House File 749, a bill for an act relating to a sales tax exemption for the inputs purchased for use in a vehicle wash and wax facility, was taken up for consideration. Rants of Woodbury 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. 749) The ayes were, 82: Alons Arnold Baudler Bell Blodgett Boal Boddicker Bradley Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Cohoon Cormack Dix Doderer Dolecheck Dotzler Drake Drees Eddie Ford Frevert Garman Gipp Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kuhn Larkin Larson Martin Mascher May Mertz Metcalf Mundie Myers Nelson O'Brien Osterhaus Parmenter Raecker Rants Rayhons Reynolds Richardson Schrader Siegrist Stevens Sukup Sunderbruch Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 7: Chapman Falck Fallon Foege Murphy Scherrman Taylor Absent or not voting, 10: Barry Boggess Brauns Connors Davis Greiner Houser Kreiman Millage Shoultz Under the provision of Rule 76, conflict of interest, Lord of Dallas refrained from voting. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 624 and 749. SPECIAL PRESENTATION Wise of Lee introduced to the House the Mayor of Keokuk, Gary Fulluo and the Mayor of Quincy, Illinois, Chuck Scholz. The House rose and expressed its welcome. Unfinished Business Calendar Senate File 352, a bill for an act relating to reflective devices on slow-moving vehicles, with report of committee recommending pas- sage, was taken up for consideration. Thomas of Clayton 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. 352) The ayes were, 92: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Cormack Davis Dix Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn 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 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, none. Absent or not voting, 8: Boggess Bradley Brauns Connors Doderer Houser Millage Shoultz 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 352 be immediately messaged to the Senate. SENATE AMENDMENT CONSIDERED Drake of Pottawattamie called up for consideration House File 531, a bill for an act providing for the certification of manure applicators by delaying dates required for certification, and providing an effective date, amended by the Senate, and moved that the House concur in the following Senate amendment H-1551: H-1551 1 Amend House File 531, as passed by the House, as 2 follows: 3 1. Page 1, by striking lines 10 through 12. 4 2. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-1551. Drake of Pottawattamie moved that the bill, as amended by the Senate and concurred in 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. 531) The ayes were, 92: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Bradley Brunkhorst Bukta Burnett^ Carroll Cataldo Chapman Chiodo Cohoon Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Hahn 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 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, none. Absent or not voting, 8: Boggess Brauns Connors Grundberg Houser Millage Shoultz Van Engelenhoven 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 294, a bill for an act relating to lifetime registration for certain sex offenders, the performance of sex offender risk assessments, and the procedures for dissemination of registry information to agencies and the public, with report of committee recommending amendment and passage, was taken up for consideration. Sukup of Franklin offered amendment H-1308 filed by the committee on judiciary as follows: H-1308 1 Amend Senate File 294, as amended, passed, and 2 reprinted by the Senate as follows: 3 1. Page 5, lines 12 and 13, by striking the words 4 "whohavebeenclassifiedas"at-risk"inthisstate" 5 and inserting the following: "who have been 6 classified as "at-risk" in this state". 7 2. Page 5, by striking line 19 and inserting the 8 following: 9 "d.c. The". 10 3. Page 6, line 19, by inserting after the word 11 "corrections" the following: "or a judicial district 12 department of correctional services". 13 4. Page 7, line 22, by striking the words "A 14 department or" and inserting the following: "Each 15 department under subsection 1 or each". 16 5. Page 7, line 24, by inserting after the word 17 "assessment" the following: "conducted by that 18 department or officer". 19 6. Page 7, line 25, by inserting after the word 20 "determination" the following: "performed by a 21 department". 22 7. Page 7, line 26, by inserting after the figure 23 "17A." the following: "An appeal of an assessment of 24 risk determination performed by a juvenile court 25 officer shall be made in accordance with rules adopted 26 by the department of public safety in consultation 27 with the judicial branch." 28 8. By renumbering, relettering, or redesignating 29 and correcting internal references as necessary. Division was requested as follows: Lines 3 through 6, Division A. Lines 7 through 9, Division B. Lines 10 through 29, Division A. On motion by Sukup of Franklin, the committee amendment H-1308A was adopted. Sukup of Franklin moved the adoption of the committee amendment H-1308B. A non-record roll call was requested. The ayes were 10, nays 37. The committee amendment H-1308B lost. Doderer of Johnson offered the following amendment H?1613 filed by Doderer, et al., and moved its adoption: H-1613 1 Amend Senate File 294, as amended, passed, and 2 reprinted by the Senate as follows: 3 1. Page 5, line 29, by inserting after the word 4 "Act" the following: "and who have been assessed to 5 be a "moderate-risk" or "high-risk"". 6 2. Page 5, by striking lines 31 and 32, and 7 inserting the following: "1999, and who have been 8 assessed to be a "moderate-risk" or "high-risk" and 9 whose opportunity to request a hearing regarding the 10 assessment". Amendment H?1613 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. 294) The ayes were, 89: Alons Arnold Barry Baudler Bell Blodgett Boal Boddicker Bradley Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Cohoon Cormack Davis Dix Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Garman Gipp Greiner Hahn 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 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 Doderer Fallon Parmenter Absent or not voting, 7: Boggess Brauns Connors Grundberg Houser Millage Shoultz 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: House File 531 and Senate File 294. Senate File 192, a bill for an act relating to open containers in motor vehicles and providing a penalty, with report of committee recommending passage, was taken up for consideration. Gipp of Winneshiek in the chair at 2:51 p.m. Baudler of Adair 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. 192) The ayes were, 82: Alons Arnold Barry Baudler Bell Boal Boddicker Bradley Bukta Burnett Carroll Chiodo Cohoon Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Drake Eddie Falck Fallon Foege Frevert Garman Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher Metcalf Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter^ Raecker Rants Rayhons Reynolds Richardson Scherrman Siegrist Stevens Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Wise Witt Gipp, Presiding The nays were, 12: Brunkhorst Cataldo Chapman Dotzler Drees Ford May Mertz Schrader Taylor Thomas Whitead Absent or not voting, 6: Blodgett Boggess Brauns Connors Millage Shoultz 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 192 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 15, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 339, a bill for an act extending the deadline for closing agricultural drainage wells and making penalties applicable. Also: That the Senate has on April 15, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 402, a bill for an act providing for the establishment of a scope of practice review committee regarding the proposed licensure of certified professional midwives. Also: That the Senate has on April 15, 1999, amended and passed the following bill in which the concurrence of the House is asked: House File 696, a bill for an act relating to the sale of timber by a county conservation board. MICHAEL E. MARSHALL, Secretary SENATE AMENDMENTS CONSIDERED Davis of Wapello called up for consideration House File 661, a bill for an act relating to the offense of sexual abuse, providing re- lated definitions, and applying penalties, amended by the Senate, and moved that the House concur in the following Senate amendment H-1581: H-1581 1 Amend House File 661, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 3, line 5, by striking the word "five" 4 and inserting the following: "fivefour". The motion prevailed and the House concurred in the Senate amendment H-1581. Davis of Wapello moved that the bill, as amended by the Senate and concurred in 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. 661) The ayes were, 89: Alons Arnold Barry Baudler Bell Boal Boddicker Bradley Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Garman Greiner Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Mundie Murphy^ Myers Nelson O'Brien Osterhaus Parmenter Raecker Rayhons Reynolds Richardson Scherrman Schrader Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel Welter Whitead Wise Witt Gipp, Presiding The nays were, none. Absent or not voting, 11: Blodgett Boggess Brauns Connors Corbett, Spkr. Frevert Grundberg Millage Rants Shoultz Siegrist The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Sunderbruch of Scott called up for consideration House File 386, a bill for an act relating to increasing the penalties for an assault on a jailer, amended by the Senate, and moved that the House concur in the following Senate amendment H-1589: H-1589 1 Amend House File 386, as passed by the House, as 2 follows: 3 1. Page 1, line 3, by inserting after the word 4 "JAILERS," the following: "CORRECTIONAL STAFF,". 5 2. Page 1, line 6, by inserting after the word 6 "jailer," the following: "correctional staff,". 7 3. Page 1, line 9, by inserting after the word 8 "jailer," the following: "correctional staff,". 9 4. Page 1, line 11, by inserting after the word 10 "jailer," the following: "correctional staff,". 11 5. Page 1, line 14, by inserting after the word 12 "jailer," the following: "correctional staff,". 13 6. Page 1, line 17, by inserting after the word 14 "jailer," the following: "correctional staff,". 15 7. Page 1, line 21, by inserting after the word 16 "jailer," the following: "correctional staff,". 17 8. Page 1, line 24, by inserting after the word 18 "jailer," the following: "correctional staff,". 19 9. Page 1, line 28, by inserting after the word 20 "jailer," the following: "correctional staff,". 21 10. Page 1, line 31, by inserting after the word 22 "jailer," the following: "correctional staff,". 23 11. Page 2, by inserting after line 9 the 24 following: 25 "6. As used in this section, "correctional staff" 26 means a person who is not a peace officer but who is 27 employed by the department of corrections or a 28 judicial district department of correctional services 29 to work at or in a correctional institution, 30 community-based correctional facility, or an 31 institution under the management of the Iowa 32 department of corrections which is used for the 33 purposes of confinement of persons who have committed 34 public offenses." 35 12. Page 2, line 10, by striking the figure "6" 36 and inserting the following: "7". 37 13. Title page, line 2, by inserting after the 38 word "jailer" the following: "or correctional staff". The motion prevailed and the House concurred in the Senate amendment H-1589. Sunderbruch of Scott moved that the bill, as amended by the Senate and concurred in 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. 386) The ayes were, 85: Alons Arnold Barry Baudler Bell Boal Boddicker Bradley Bukta Burnett Carroll Cataldo Chapman Chiodo Cormack Davis Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Garman Greiner Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Mundie Murphy Myers Nelson O'Brien Parmenter Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Weigel^ Welter Whitead Wise Witt Gipp, Presiding The nays were, 1: Fallon Absent or not voting, 14: Blodgett Boggess Brauns Brunkhorst Cohoon Connors Corbett, Spkr. Dix Grundberg Jager Millage Osterhaus Shoultz Siegrist The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGES Barry of Harrison asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 661 and 386. Davis of Wapello called up for consideration House File 501, a bill for an act relating to the definitions and penalties applicable to con- viction of certain felonies, by making changes related to the offenses of assault and willful injury and making changes in the mandatory minimum penalties for certain felony offenses, amended by the Senate, and moved that the House concur in the following Senate amendment H-1575: H-1575 1 Amend House File 501, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, by striking lines 1 through 8. 4 2. Page 2, line 35, by striking the word "two" 5 and inserting the following: "one". 6 3. Page 3, lines 6 and 7, by striking the words 7 "fivehundredone thousand" and inserting the 8 following: "fiveseven hundred fifty". The motion prevailed and the House concurred in the Senate amendment H-1575. Davis of Wapello moved that the bill, as amended by the Senate and concurred in 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. 501) The ayes were, 60: Alons Arnold Barry Baudler Bell Boal Boddicker Bradley Carroll Cohoon Corbett, Spkr. Cormack Davis Dix Dolecheck Drake Eddie Foege Garman Greiner Hahn Heaton Hoffman Holmes Horbach Houser Huseman Huser Jacobs Jenkins Johnson Kettering Klemme Kreiman Larkin Larson Lord Martin Metcalf Murphy Myers Nelson O'Brien Raecker Rants Rayhons Reynolds Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Welter Wise Gipp, Presiding The nays were, 30: Bukta Burnett Cataldo Chapman Chiodo Doderer Dotzler Drees Falck Fallon Ford Frevert Holveck Jochum Kuhn Mascher May Mertz Mundie Osterhaus Parmenter Richardson Scherrman Schrader Stevens Taylor Thomas Weigel Whitead Witt Absent or not voting, 10: Blodgett Boggess Brauns Brunkhorst Connors Grundberg Hansen Jager Millage Shoultz The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Dix of Butler asked and received unanimous consent that House File 501 be immediately messaged to the Senate. Houser of Pottawattamie called up for consideration House File 664, a bill for an act creating an adult mental health, mental retardation, and developmental disabilities services funding decategorization pilot project, amended by the Senate, and moved that the House concur in the following Senate amendment H-1631: H-1631 1 Amend House File 664, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "DIVISION I 6 ADULT MH/MR/DD SERVICES FUNDING PILOT PROJECT". 7 2. Page 5, by striking line 24 and inserting the 8 following: "areas, designated by the governor." 9 3. Page 8, by inserting after line 21 the 10 following: 11 "DIVISION ____ 12 MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES 13 COMMISSION 14 Sec. ____. Section 225C.4, subsection 1, paragraph 15 p, Code 1999, is amended to read as follows: 16 p. Recommendandenforceto the commission minimum 17 accreditation standards for the maintenance and 18 operation of community mental health centers, 19 services, and programs under section 230A.16. The 20 administrator's review and evaluation of the centers, 21 services, and programs for compliance with the adopted 22 standards shall be as provided in section 230A.17. 23 Sec. ___. Section 225C.4, subsection 1, Code 1999, 24 is amended by adding the following new paragraph: 25 NEW PARAGRAPH. pp. Recommend to the commission 26 minimum standards for supported community living 27 services. The administrator shall review and evaluate 28 the services for compliance with the adopted 29 standards. 30 Sec. ___. Section 225C.6, subsection 1, paragraph 31 c, Code 1999, is amended to read as follows: 32 c. Adopt standards for community mental health 33 centers, services, and programs as recommended under 34 section 230A.16. The commission shall determine 35 whether to grant, deny, or revoke the accreditation of 36 the centers, services, and programs. 37 Sec. ___. Section 225C.6, subsection 1, paragraph 38 l, Code 1999, is amended to read as follows: 39 l. Establish standards for the provision under 40 medical assistance of individual case management 41 services. The commission shall determine whether to 42 grant, deny, or revoke the accreditation of the 43 services. 44 Sec. ___. Section 225C.21, subsection 2, Code 45 1999, is amended to read as follows: 46 2. Thedepartmentcommission shall adopt rules 47 pursuant to chapter 17A establishing minimum standards 48 fortheprogrammingofsupported community living 49 services. Thedepartmentcommission shallapproveall50 determine whether to grant, deny, or revoke approval Page 2 1 for any supported community livingserviceswhichmeet2theminimumstandardsservice. 3 DIVISION ___ 4 STATE-COUNTY MANAGEMENT COMMITTEE 5 Sec. ___. Section 331.438, subsection 4, paragraph 6 b, unnumbered paragraph 1, Code 1999, is amended to 7 read as follows: 8 The management committee shall consist ofnotmore9thantwelvefifteen voting members as follows: 10 Sec. ___. Section 331.438, subsection 4, paragraph 11 b, subparagraph (1), Code 1999, is amended to read as 12 follows: 13 (1)AnequalnumberofnotmorethannineFour 14 members shall be appointed by the director of human 15 servicesand. Four members shall be appointed by the 16 Iowa state association of countiesandoneadditional17membershallbejointlyappointedbybothentities. 18 Members appointed by the Iowa state association of 19 counties shall be selected from a pool nominated by 20 the county supervisor affiliate of the association 21 with four members from the affiliate. The affiliate 22 shall select the nominees through a secret ballot 23 process. In addition, two members shall be appointed 24 by the community services affiliate of the Iowa state 25 association of counties. 26 Sec. ___. Section 331.438, subsection 4, paragraph 27 b, subparagraph (2), Code 1999, is amended to read as 28 follows: 29 (2) The committee shall includeonemembertwo 30 members nominated by service providers, one member 31 nominated by service advocates,andconsumersone 32 member who is a service consumer, and one member 33 nominated by the state's council of the association of 34 federal, state, county, and municipal employees, with 35 these members appointed by the governor. 36 Sec. ___. Section 331.438, subsection 4, paragraph 37 b, subparagraph (4), Code 1999, is amended to read as 38 follows: 39 (4) A member who is not a legislator shall have 40 expenses and other costs paid by the state or the 41 county entity that the member represents. The 42 committee shallestablishtermsforitsmembers,elect 43 officers, adopt operating procedures, and meet as 44 deemed necessary by the committee. Terms of office 45 for the appointed voting members of the committee are 46 three years and shall be staggered. A vacancy on the 47 committee shall be filled in the same manner as the 48 original appointment. 49 Sec. ___. SERVICE SYSTEM ISSUES. The state-county 50 management committee shall create a task force to Page 3 1 consider issues and options regarding statewide 2 eligibility standards, identification of core or basic 3 services to be made reasonably available statewide, 4 statewide equity and other considerations associated 5 with distributing state funding, implementation of 6 funding decategorization, changes in the membership 7 composition of the committee, legal settlement issues, 8 improved utilization of available funding streams, and 9 the allowed growth recommendation process. In 10 considering the allowed growth recommendation process, 11 the task force shall review the divergence between 12 unmet needs in the service delivery system and county 13 expenditure trends and shall make specific 14 recommendations as to how allowed growth funding can 15 best be distributed to address services that are not 16 adequately funded and population groups that are not 17 served or are underserved. The committee shall 18 consider the task force report and recommendations in 19 making the committee's report on these topics to the 20 governor and general assembly, which shall be 21 submitted on or before November 15, 1999. The 22 legislative council is requested to designate a 23 legislative interim committee to meet for two or more 24 days to consider the report on behalf of the general 25 assembly. 26 Sec. ___. STAGGERED TERMS. Effective July 1, 27 1999, the appointing authorities for the state-county 28 management committee shall provide by mutual agreement 29 for the staggering of the terms of voting members of 30 the committee so that the terms of at least five 31 members expire each year. Based on this mutual 32 agreement, the terms of individuals who are voting 33 members of the committee as of June 30, 1999, shall 34 either expire June 30, 1999, or be for one, two, or 35 three years beginning on July 1, 1999. The terms of 36 the two members appointed by the community services 37 affiliate of the Iowa state association of counties 38 shall commence July 1, 1999. This section takes 39 effect June 30, 1999. 40 DIVISION ___ 41 COUNTY MANAGEMENT PLAN PROVISIONS 42 Sec. ___. Section 331.439, subsection 1, paragraph 43 b, Code 1999, is amended to read as follows: 44 b. The county developed and implemented a county 45 management plan for the county's mental health, mental 46 retardation, and developmental disabilities services 47 in accordance with the provisions of this paragraph 48 "b". The plan shall comply with the administrative 49 rules adopted for this purpose by the council on human 50 services and is subject to the approval of the Page 4 1 director of human services in consultation with the 2 state-county management committee created in section 3 331.438. The plan shall include a description of the 4 county's service management provision for mental 5 health, mental retardation, and developmental 6 disabilities services. For mental retardation and 7 developmental disabilities service management, the 8 plan shall describe the county's development and 9 implementation of a managed system of cost-effective 10 individualized services and shall comply with the 11 provisions of paragraph "d". The goal of this part of 12 the plan shall be to assist the individuals served to 13 be as independent, productive, and integrated into the 14 community as possible. The service management 15 provisions for mental health shall comply with the 16 provisions of paragraph "c". A county is subject to 17 all of the following provisions in regard to the 18 county's management plan and planning process: 19 (1) The county shall have in effect an approved 20 policies and procedures manual for the county's 21 services fund. The county management plan shall be 22 defined in the manual. The manual submitted by the 23 county as part of the county's management plan for the 24 fiscal year beginning July 1, 2000, as approved by the 25 director of human services, shall remain in effect, 26 subject to amendment. An amendment to the manual 27 shall be submitted to the department of human services 28 at least forty-five days prior to the date of 29 implementation. Prior to implementation of any 30 amendment to the manual, the amendment must be 31 approved by the director of human services in 32 consultation with the state-county management 33 committee. 34 (2) For informational purposes, the county shall 35 submit a management plan review to the department of 36 human services by April 1 of each year. The annual 37 review shall incorporate an analysis of the data 38 associated with the services managed during the 39 preceding fiscal year by the county or by a managed 40 care entity on behalf of the county. 41 (3) For informational purposes, every three years 42 the county shall submit to the department of human 43 services a three-year strategic plan. The strategic 44 plan shall describe how the county will proceed to 45 attain the goals and objectives contained in the 46 strategic plan for the duration of the plan. The 47 three-year strategic plan shall be submitted by April 48 1, 2000, and by April 1 of every third year 49 thereafter. 50 Sec. ___. Section 331.439, subsection 1, paragraph Page 5 1 c, subparagraph (1), Code 1999, is amended to read as 2 follows: 3 (1) For mental health service management, the 4 county may either directly implement a system of 5 service management and contract with service 6 providers, or contract with a private entity to manage 7 the system, provided all requirements of this lettered 8 paragraph are met by the private entity. The mental 9 health service management shall incorporate a single 10 entry point and clinical assessment process developed 11 in accordance with the provisions of section 331.440. 12Thecountyshallsubmitthispartoftheplantothe13departmentofhumanservicesforapprovalbyApril114forthesucceedingyear.Initially,thispartofthe15planshallbesubmittedtothedepartmentbyApril1,161996,andthecountyshallimplementtheapprovedplan17byJuly1,1996.18 Sec. ___. Section 331.439, subsection 1, 19 paragraphs d and e, Code 1999, are amended to read as 20 follows: 21 d. For mental retardation and developmental 22 disabilities services management, the county must 23 either develop and implement a managed system of care 24 which addresses a full array of appropriate services 25 and cost-effective delivery of services or contract 26 with a state-approved managed care contractor or 27 contractors. Any system or contract implemented under 28 this paragraph shall incorporate a single entry point 29 and clinical assessment process developed in 30 accordance with the provisions of section 331.440. 31 The elements of the managed system of care and the 32 state-approved managed care contract or contracts 33 shall be specified in rules developed by the 34 department of human services in consultation with the 35 state-county management committee and adopted by the 36 council on human services.Initially,thispartof37theplanshallbesubmittedtothedepartmentfor38approvalonorbeforeOctober1,1996,andshallbe39implementedonorbeforeJanuary1,1997.Infiscal40yearssucceedingthefiscalyearofinitial41implementation,thispartoftheplanshallbe42submittedtothedepartmentofhumanservicesfor43approvalbyApril1forthesucceedingfiscalyear.44e.Changestotheapprovedplanaresubmittedat45leastsixtydayspriortotheproposedchangeandare46nottobeimplementedpriortothedirectorofhuman47services'approval.48 Sec. ___. EFFECTIVE DATE - APPLICABILITY. This 49 division of this Act takes effect July 1, 2000, except 50 that the management plan and planning process Page 6 1 provisions under section 331.439, as amended by this 2 division of this Act, take effect upon enactment and 3 are applicable for purposes of preparation and 4 submission of the management plan by April 1, 2000, 5 for the fiscal year beginning July 1, 2000. 6 DIVISION ___ 7 RESIDENTIAL CARE FACILITIES FOR PERSONS WITH MENTAL 8 RETARDATION 9 Sec. ___. Section 135C.6, subsection 8, paragraphs 10 a and b, Code 1999, are amended to read as follows: 11 a. A residential program which provides care to 12 not more than four individuals and receives moneys 13 appropriated to the department of human services under 14 provisions of a federally approved home and community- 15 based services waiver for persons with mental 16 retardation or other medical assistance program under 17 chapter 249A. In approving a residential program 18 under this paragraph, the department of human services 19 shall consider the geographic location of the program 20 so as to avoid an overconcentration of such programs 21 in an area. In order to be approved under this 22 paragraph, a residential program shall not be required 23 to involve the conversion of a licensed residential 24 care facility for persons with mental retardation. 25 b. A total oftwentyforty residential care 26 facilities for persons with mental retardation which 27 are licensed to serve no more than five individuals 28 may be authorized by the department of human services 29 to convert to operation as a residential program under 30 the provisions of a medical assistance home and 31 community-based services waiver for persons with 32 mental retardation. A converted residential program 33 is subject to the conditions stated in paragraph "a" 34 except that the program shall not serve more than five 35 individuals. The department of human services shall 36 allocate conversion authorizations to provide forfour37 eight conversions in each of the department's five 38 service regions.Ifaconversionauthorization39allocatedtoaregionisnotusedforconversionby40January1,1998,thedepartmentofhumanservicesmay41reallocatetheunusedconversionauthorizationto42anotherregion.Thedepartmentofhumanservices43shallstudythecosteffectivenessoftheconversions44andprovideaninitialreporttothegeneralassembly45nolaterthanJanuary2,1998,andafinalreportno46laterthanDecember15,1998." 47 4. Title page, by striking lines 1 through 3 and 48 inserting the following: "An Act relating to mental 49 health, mental retardation, and other developmental 50 disabilities and including effective date and Page 7 1 applicability provisions." The motion prevailed and the House concurred in the Senate amendment H-1631. Houser of Pottawattamie moved that the bill, as amended by the Senate and concurred in 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. 664) The ayes were, 91: Alons Arnold Barry Baudler Bell Boal Boddicker Bradley Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Cohoon Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin^ Larson Lord Martin Mascher May Mertz Metcalf Mundie Murphy Myers Nelson 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 Gipp, Presiding The nays were, none. Absent or not voting, 9: Blodgett Boggess Brauns Chapman Connors Corbett, Spkr. Millage Shoultz Van Engelenhoven The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. Ways and Means Calendar Senate File 9, a bill for an act relating to the exemption of the sales and use tax on building materials, supplies, or equipment of certain rural water districts, and providing retroactive applicability and effective dates, with report of committee recommending passage, was taken up for consideration. 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. 9) The ayes were, 87: Alons Arnold Barry Baudler Bell Boal Boddicker Bradley Bukta Burnett Carroll Cataldo Chiodo Cohoon Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Garman Greiner Hahn Hoffman Holmes Holveck Horbach Houser^ Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Mundie Myers Nelson O'Brien Osterhaus Parmenter 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 Gipp, Presiding The nays were, 1: Fallon Absent or not voting, 12: Blodgett Boggess Brauns Brunkhorst Chapman Connors Grundberg Hansen Heaton Millage Murphy Shoultz 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 9 be immediately messaged to the Senate. House File 748, a bill for an act exempting internet from the state sales, services, and use taxes, was taken up for consideration. Speaker Corbett in the chair at 4:05 p.m. Gipp of Winneshiek in the chair at 4:09 p.m. Weigel of Chickasaw offered amendment H?1610 filed by him as follows: H-1610 1 Amend House File 748 as follows: 2 1. Page 1, line 4, by inserting after the word 3 "services" the following: "or for cable television 4 services". 5 2. Title page, line 1, by inserting after the 6 word "internet" the following: "and cable television 7 service". Thomas of Clayton offered the following amendment H?1616, to amendment H?1610, filed by him and moved its adoption: H-1616 1 Amend the amendment, H-1610, to House File 748 as 2 follows: 3 1. Page 1, line 3, by inserting after the word 4 "cable" the following: "or satellite". 5 2. Page 1, line 6, by inserting after the word 6 "cable" the following: "or satellite". Amendment H?1616 was adopted. Speaker Corbett in the chair at 4:31 p.m. Weigel of Chickasaw moved the adoption of amendment H-1610, as amended. Roll call was requested by Weigel of Chickasaw and Brunkhorst of Bremer. On the question "Shall amendment H-1610, as amended, be adopted?" (H.F. 748) The ayes were, 34: Bukta Burnett Chiodo Cohoon Cormack Doderer Dotzler Drees Falck Fallon Foege Frevert Garman Holveck Jochum Kuhn Larkin Mascher Mertz Mundie Murphy O'Brien Osterhaus Parmenter Richardson Scherrman Schrader Stevens Taylor Thomas Warnstadt Weigel Whitead Witt The nays were, 56: Alons Arnold Barry Baudler Bell Boal Boddicker Bradley Brunkhorst Carroll Cataldo Davis^ Dix Dolecheck Drake Eddie Ford Gipp Greiner Grundberg Hansen Heaton Hoffman Holmes Horbach Houser Huseman Huser Jacobs Jager Jenkins Johnson Kettering Klemme Kreiman Larson May Metcalf Myers Nelson Raecker Rants Rayhons Reynolds Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Wise Mr. Speaker Corbett Absent or not voting, 10: Blodgett Boggess Brauns Chapman Connors Hahn Lord Martin Millage Shoultz Amendment H?1610, as amended, lost. Rants of Woodbury 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. 748) The ayes were, 78: Alons Arnold Barry Baudler Bell Boal Boddicker Bradley Brunkhorst Bukta Carroll Cataldo Chiodo Cohoon Cormack Davis Dix Dolecheck Drake Eddie Falck Ford Garman Gipp Greiner Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin May Mertz Metcalf Mundie Murphy Myers Nelson O'Brien Raecker Rants Rayhons Reynolds Richardson Scherrman Schrader Siegrist Stevens Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 14: Burnett Doderer Dotzler Drees Fallon Foege Frevert Jochum Mascher Osterhaus Parmenter Taylor Thomas Weigel Absent or not voting, 8: Blodgett Boggess Brauns Chapman Connors Grundberg Millage Shoultz The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 664 and 748. INTRODUCTION OF BILLS House File 768, by committee on ways and means, a bill for an act exempting from the state sales and use taxes certain equipment used in transmitting telecommunications services. Read first time and placed on the ways and means calendar. House File 769, by committee on ways and means, a bill for an act relating to the classification of apartments in condominiums for purposes of property taxation. Read first time and placed on the ways and means calendar. House File 770, by committee on ways and means, a bill for an act relating to the treatment of manufactured housing under the state sales and use taxes and the requirements for the issuance of a certificate of title. Read first time and placed on the ways and means calendar. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 15, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 281, a bill for an act related to activities of bail enforcement agents that are exempt from state licensing requirements. Also: That the Senate has on April 15, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 417, a bill for an act relating to release of certain information on claimants of the property tax rent reimbursement to the department of inspections and appeals. Also: That the Senate has on April 15, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 442, a bill for an act relating to payments from the remedial account of the Iowa comprehensive petroleum underground storage tank fund to governmental subdivisions for costs of corrective actions taken due to certain releases from underground storage tanks and allowing the Iowa comprehensive petroleum underground storage tank fund board to seek reimbursement from responsible parties for expenses incurred by governmental subdivisions for costs of corrective actions taken due to certain releases from underground storage tanks. Also: That the Senate has on April 15, 1999, amended and passed the following bill in which the concurrence of the House is asked: House File 700, a bill for an act relating to the liability for unpaid rates or charges of a city utility or enterprise service for water, sewage, and solid waste services. Also: That the Senate has on April 15, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 705, a bill for an act to change the penalties for the criminal offense of accommodation involving marijuana. Also: That the Senate has on April 15, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 95, a bill for an act relating to mandatory motor vehicle proof of financial responsibility by requiring such proof when a motor vehicle subject to registration in this state is operated on a parking lot. Also: That the Senate has on April 15, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 102, a bill for an act relating to nonsubstantive Code corrections. Also: That the Senate has on April 15, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 194, a bill for an act relating to acceptable accreditation of psychiatric medical institutions for children for the purpose of licensing. Also: That the Senate has on April 15, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 424, a bill for an act relating to and making transportation and other infrastructure-related appropriations to the state department of transportation, including allocation and use of moneys from the general fund of the state, road use tax fund, and primary road fund, providing for the use of a former rest area, and providing for the nonreversion of certain moneys and an effective date. MICHAEL E. MARSHALL, Secretary REPORT OF ADMINISTRATION AND RULES COMMITTEE MR. SPEAKER: Pursuant to Senate Concurrent Resolution 2, duly adopted, the following is a list of officers and employees of the House and their recommended classification grades and steps: Grade Class of and Appoint- Eff. Position Name Step ment Date Legislative Research Lon W. Anderson 32-3 to P-FT 04-02-99 Analyst II Legislative Research 35-2 Analyst III Legislative Secretary Kathy S. Beauchamp 16-1 to S-O 04-02-99 16-2 Legislative Committee Frank H. Boggess 17-2 to S-O 04-16-99 Secretary 17-3 Legislative Secretary Patricia A. Bradley 16-2 to S-O 04-16-99 16-3 Legislative Secretary Debra Collopy 16-1 to S-O 04-02-99 16-2 Legislative Secretary Jennifer L. Dreibelbis 15-1 to S-O 04-02-99 15-2 Legislative Committee Jane B. Fogg 17-1 to S-O 04-02-99 Secretary 17-2 Legislative Committee Andrea K. Hall 17-1 to S-O 04-02-99 Secretary 17-2 Legislative Secretary Kellie L. Harryman 16-1 to S-O 04-02-99 16-2 Grade Class of and Appoint- Eff. Position Name Step ment Date Legislative Committee Nancy J. Hendrickson 18-2 to S-O 04-16-99 Secretary 18-3 Legislative Research Anna M. Hyatt-Crozier 27-2 to P-FT 04-02-99 Analyst 27-3 Legislative Secretary Kelli M. Kilgore 16-1 to S-O 04-02-99 16-2 Legislative Committee Diane E. Nandell 17-1 to S-O 04-02-99 Secretary 17-2 Legislative Committee Betty J. Sorenson 17-2 to S-O 04-16-99 Secretary 17-3 Legislative Committee Jackie L. Syverson 17-1 to S-O 04-02-99 Secretary 17-2 Assistant Finance Kelly M. Wacht 21-2 to P-FT 04-16-99 Officer 21-3 Postmaster William C. Walling 12-3 to S-O 04-02-99 12-4 Pursuant to Senate Concurrent Resolution 2, duly adopted, the following is a list of officers and employees of the Joint Senate/House and their recommended classification grades and steps: Facilities Manager II Mark L. Willemssen 38-2 P-FT 04-02-99 CARROLL of Poweshiek, Chair 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 Files 186, 189, 280, 405, 460 and "nay" on amendment H-1607 to Senate File 460, amendment H-1506, H-1508 and H-1554 all to Senate File 405. BODDICKER of Cedar I was necessarily absent from the House chamber on April 15, 1999. Had I been present, I would have voted "aye" on House Files 458, 497, 498, 624, 749 and Senate File 352. DAVIS of Wapello I was necessarily absent from the House chamber on April 14, 1999. Had I been present, I would have voted "aye" on Senate File 186. HAHN of Muscatine I was necessarily absent from the House chamber on April 15, 1999. Had I been present, I would have voted "aye" on Senate File 9. HANSEN of Pottawattamie I was necessarily absent from the House chamber on the morning of April 15, 1999. Had I been present, I would have voted "aye" on Senate File 395. JOHNSON of Osceola I was necessarily absent from the House chamber on April 14, 1999. Had I been present, I would have voted "aye" on Senate Files 280, 405 and 460. NELSON of Marshall On April 15, 1999 I inadvertently voted "aye" on House File 501, I meant to vote "nay". REYNOLDS of Van Buren 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 bill: Senate File 404, an act relating to a relationship involving real estate licensees and real estate clients, and establishing restrictions on the payment of commissions or other consideration. Also: That on April 15, 1999, he approved and transmitted to the Secretary of State the following bills: House File 208, an act establishing a southern Iowa development and conservation authority, specifying membership, powers, and duties, creating a southern Iowa development and conservation fund, and providing for other properly related matters. House File 209, an act relating to increasing the penalty for eluding or attempting to elude an official law enforcement vehicle. House File 518, an act relating to the fire safety provisions applicable to a bed and breakfast inn. Senate File 55, an act to legalize the transfer of certain property by the joint county system of Black Hawk and Buchanan counties to the Independence community school district, and providing an effective date. Senate File 68, an act relating to counties included in the mid-America port commission. Senate File 173, an act relating to the description of disabilities of individuals receiving vocational rehabilitation services. Senate File 448, an act relating to the purchase of certain parcels with delinquent taxes by a city or county, and providing effective and applicability dates. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Forty-five fifth grade students from BCLUW Middle School, Union, accompanied by Mr. Simpson and Mr. Ehn. By Dix of Butler. Fourteen students from Mt. Ayr Junior High School, Mt. Ayr, accompanied by Marcia Lanetti. By Dolecheck of Ringgold. Fifty-five English as a second language students from Davenport West High School, Davenport, accompanied by Karen Hanson. By Martin of Scott. Twenty-five seventh grade students from Prairie Valley Middle School, Farnhamville, accompanied by Barb Langner, Bruce Strutzenberg, Billie Dooley, April Stewart, Pat Jorgensen, Pat Peterson and Roger Peterson. By Mundie of Webster. Eight FFA students from Cascade High School, Cascade, accompanied by Steve Stoll. By Scherrman of Dubuque and Welter of Jones. Fourteen FFA students from Crestwood High School, Cresco, accompanied by Jerome Fulsass. By Weigel of Chickasaw. CERTIFICATES OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificates of recognition have been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1999\700 Betty and Ralph Gonterman, Keosauqua - For celebrating their 50th wedding anniversary. 1999\701 Agnes and Floyd Gwinn, Lucas - For celebrating their 60th wedding anniversary. 1999\702 Mary and Harold Holdefer, Chariton - For celebrating their 50th wedding anniversary. 1999\703 Nathan A. Moore, Clinton - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\704 Sophia Manlove, Ankeny - For celebrating her 100th birthday. 1999\705 Eric A. Patterson, Ankeny - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT House Study Bill 262 Ways and Means: Jager, Chair; Drake and Weigel. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendations have been received and are on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON ADMINISTRATION AND RULES Senate Concurrent Resolution 11, a concurrent resolution requesting the United States Congress to prevent the federal government from attempting to recoup Medicaid payments from the state tobacco litigation settlement agreement moneys, and to allow the states to keep all settlement moneys, without offset. Fiscal Note is not required. Recommended Do Pass April 15, 1999. COMMITTEE ON WAYS AND MEANS Committee Bill (Formerly House Study Bill 245), relating to the taxation of certain communications services providers by exempting from the state sales and use taxes certain equipment used in transmitting telecommunications services and exempting from property tax certain fiber optic and copper cable of telephone companies. Fiscal Note is required. Recommended Amend and Do Pass April 14, 1999. Committee Bill (Formerly House Study Bill 252), relating to the classification of apartments in condominiums for the purposes of property taxation. Fiscal Note is not required. Recommended Amend and Do Pass April 14, 1999. Committee Bill (Formerly House Study Bill 256), relating to the treatment of transactions involving manufactured housing under the state sales and use taxes. Fiscal Note is not required. Recommended Amend and Do Pass April 15, 1999. AMENDMENTS FILED H-1633 H.F. 472 Senate Amendment H-1634 H.F. 660 Senate Amendment H-1635 S.F. 449 Dotzler of Black Hawk Jenkins of Black Hawk Martin of Scott Ford of Polk Shoultz of Black Hawk Jochum of Dubuque Witt of Black Hawk H-1636 H.F. 767 Frevert of Palo Alto H-1637 H.F. 767 Jochum of Dubuque Doderer of Johnson Osterhaus of Jackson H-1638 H.F. 696 Senate Amendment H-1639 H.F. 700 Senate Amendment H-1640 H.F. 720 Klemme of Plymouth H-1641 S.F. 324 Weigel of Chickasaw H-1642 S.F. 324 Weigel of Chickasaw H-1643 S.F. 324 Weigel of Chickasaw H-1644 S.F. 324 Weigel of Chickasaw H-1645 S.F. 324 Weigel of Chickasaw H-1646 S.F. 324 Weigel of Chickasaw H-1647 S.F. 324 Weigel of Chickasaw H-1648 S.F. 324 Weigel of Chickasaw H-1649 S.F. 436 Frevert of Palo Alto Drees of Carroll Wise of Lee Mertz of Kossuth Stevens of Dickinson Scherrman of Dubuque Kuhn of Floyd Parmenter of Story Holveck of Polk Bukta of Clinton Larkin of Lee Jochum of Dubuque Richardson of Warren Witt of Black Hawk Mundie of Webster Osterhaus of Jackson May of Worth Murphy of Dubuque Weigel of Chickasaw H-1650 S.F. 468 Garman of Story Bell of Jasper Davis of Wapello Jager of Black Hawk Frevert of Palo Alto Huser of Polk H-1651 S.F. 468 Kreiman of Davis H-1652 S.F. 468 Richardson of Warren H-1653 S.F. 468 Bell of Jasper H-1654 S.F. 468 Larkin of Lee H-1655 S.F. 468 Mundie of Webster H-1656 S.F. 468 Parmenter of Story H-1657 S.F. 468 Richardson of Warren H-1658 S.F. 468 Huser of Polk H-1659 H.F. 767 Weigel of Chickasaw On motion by Siegrist of Pottawattamie the House adjourned at 5:05 p.m., until 1:00 p.m., April 19, 1999. 1370 JOURNAL OF THE HOUSE 95th Day 95th Day THURSDAY, APRIL 15, 1999 1371
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