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One Hundred Second Calendar Day - Sixty-fourth Session Day Hall of the House of Representatives Des Moines, Iowa, Thursday, April 22, 1999 The House met pursuant to adjournment at 8:50 a.m., Speaker pro tempore Rants in the chair. Prayer was offered by Reverend Dan Herndon, pastor of Trinity Methodist Church, Waverly. The Journal of Wednesday, April 21, 1999 was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Boal of Polk and Boggess of Taylor on request of Siegrist of Pottawattamie; Cataldo of Polk and Chiodo of Polk, until their arrival, on request of Kreiman of Davis. 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 21, 1999, amended and passed the following bill in which the concurrence of the House is asked: House File 746, a bill for an act relating to and making appropriations for agriculture and natural resources and providing effective dates. MICHAEL E. MARSHALL, Secretary CONSIDERATION OF BILLS Ways and Means Calendar House File 757, a bill for an act relating to the payment and allocation of the real estate transfer tax, was taken up for consideration. Arnold of Lucas 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. 757) The ayes were, 93: Alons Arnold Barry Baudler Blodgett Bradley Brauns Brunkhorst Bukta Burnett Carroll Chapman Cohoon Connors Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker 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: Bell Boal Boddicker Boggess Cataldo Chiodo Corbett, Spkr. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. SENATE AMENDMENT CONSIDERED Dolecheck of Ringgold called up for consideration House File 521, a bill for an act relating to the licensure and operation of employment agencies and providing a penalty, amended by the Senate, and moved that the House concur in the following Senate amendment H-1580: H-1580 1 Amend House File 521, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 2, line 22, by inserting after the word 4 "agency" the following: "or other person or entity". The motion prevailed and the House concurred in the Senate amendment H-1580. Dolecheck of Ringgold 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. 521) The ayes were, 93: Alons Arnold Barry Baudler Blodgett Bradley Brauns Brunkhorst Bukta Burnett Carroll Chapman Cohoon Connors Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Parmenter Raecker 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: Bell Boal Boddicker Boggess Cataldo Chiodo Corbett, Spkr. 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 757 and 521. Ways and Means Calendar Senate File 305, a bill for an act relating to the payment by a county of the family farm tax credit and reimbursement to the county of its payment and including an effective date, 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. 305) The ayes were, 95: Alons Arnold Barry Baudler Bell Blodgett Bradley Brauns Brunkhorst Bukta Burnett Carroll Chapman Cohoon Connors 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 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, 5: Boal Boddicker Boggess Cataldo Chiodo The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Senate File 308, a bill for an act relating to the levy rate for fire protection imposed in an area of a benefited fire district and including an effective date, 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. 308) The ayes were, 93: Alons Arnold Barry Baudler Bell Blodgett Bradley Brauns Brunkhorst Bukta Burnett Carroll Chapman Cohoon Connors 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 Kuhn Larkin Larson Lord Martin^ Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson 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, 2: Kreiman O'Brien Absent or not voting, 5: Boal Boddicker Boggess Cataldo Chiodo The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Unfinished Business Calendar House File 755, a bill for an act relating to the time limit when property omitted from assessment may be assessed and when a taxpayer may receive a refund for erroneous property taxes paid and including an effective date provision, was taken up for consideration. Dix of Butler moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 755) The ayes were, 95: Alons Arnold Barry Baudler Bell Blodgett Bradley Brauns Brunkhorst Bukta Burnett Carroll Chapman Cohoon Connors 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 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, 5: Boal Boddicker Boggess Cataldo Chiodo The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 305, 308 and House File 755. HOUSE RECEDES Blodgett of Cerro Gordo called up for consideration Senate File 248, a bill for an act relating to acquired immune deficiency syndrome, providing penalties, and providing for a repeal, amended by the House and moved that the House recede from its amendment. A non-record roll call was requested. The ayes were 58, nays 21. The motion prevailed and the House recedes. Blodgett of Cerro Gordo moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 248) The ayes were, 91: Alons Arnold Barry Baudler Bell Blodgett Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Davis Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Greiner Grundberg Hahn Hansen Heaton Hoffman Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers O'Brien Osterhaus Parmenter Raecker Rayhons 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: Nelson Absent or not voting, 8: Boal Boddicker Boggess Dix Gipp Holmes Klemme Reynolds The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Ways and Means Calendar Senate File 137, a bill for an act relating to funding for the arts by providing an Iowa individual income tax checkoff for the arts, making an appropriation, and providing a retroactive applicability date, with report of committee recommending passage, was taken up for consideration. Foege of Linn asked and received unanimous consent that amendment H-1302 be deferred. Mascher of Johnson offered the following amendment H?1542 filed by her and Raecker of Polk and moved its adoption: H-1542 1 Amend Senate File 137, as passed by the Senate, as 2 follows: 3 1. Page 1, line 35, by striking the figure 4 "1995," and inserting the following: "19951999,". 5 2. Page 2, line 1, by striking the word "three" 6 and inserting the following: "threefour". 7 3. Page 2, line 2, by striking the word "three" 8 and inserting the following: "threefour". 9 4. Page 2, by inserting after line 8 the 10 following: 11 "Sec. . REPORT ON INCOME TAX CHECKOFFS. By 12 January 31, 2000, the department of revenue and 13 finance shall report to the general assembly on the 14 manner by which the department currently administers 15 the limitation on income tax checkoffs. The 16 department shall include in the report recommendations 17 relating to criteria for inclusion of a checkoff on 18 the income tax return form and the optimum number of 19 checkoffs available for placement on the income tax 20 return form." 21 5. Page 2, by striking lines 10 through 13 and 22 inserting the following: "for tax years beginning on 23 or after that date." 24 6. Title page, line 2, by striking the word 25 "arts," and inserting the following: "arts and". 26 7. Title page, line 3, by inserting after the 27 word "appropriation," the following: "relating to 28 income tax checkoffs and reporting by the department 29 of revenue and finance,". 30 8. By renumbering as necessary. Amendment H?1542 was adopted. Foege of Linn offered the following amendment H?1302 filed by him, previously deferred, and moved its adoption: H-1302 1 Amend Senate File 137, as passed by the Senate, as 2 follows: 3 1. Page 1, line 6, by inserting after the word 4 "Iowa" the following: "Grant Wood". 5 2. Page 1, line 9, by inserting after the word 6 "Iowa" the following: "Grant Wood". 7 3. Page 1, line 13, by inserting after the word 8 "Iowa" the following: "Grant Wood". 9 4. Page 1, line 16, by inserting after the word 10 "Iowa" the following: "Grant Wood". 11 5. Page 1, line 19, by inserting after the word 12 "Iowa" the following: "Grant Wood". 13 6. Page 1, line 26, by inserting after the word 14 "Iowa" the following: "Grant Wood". Amendment H?1302 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. 137) The ayes were, 94: Arnold Barry Baudler Bell Blodgett Boddicker Bradley Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Cohoon Connors Corbett, Spkr. Cormack Davis Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greiner Grundberg Hahn Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum 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 Fossen Warnstadt Weidman^ Weigel Welter Whitead Wise Witt Rants, Presiding The nays were, 3: Alons Johnson Van Engelenhoven Absent or not voting, 3: Boal Boggess Hansen The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. SPECIAL PRESENTATION Greiner of Washington presented to the House the Honorable George Swearingen, former state representative and his wife Marian from Washington County. The House rose and expressed it welcome. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 248 and 137. House File 768, a bill for an act exempting from the state sales and use taxes certain equipment used in transmitting telecommuni- cations services, was taken up for consideration. Thomas of Clayton asked and received unanimous consent to withdraw amendments H-1710 and H-1711 filed by him on April 20, 1999. Eddie of Buena Vista in the chair at 10:47 a.m. Thomas of Clayton asked and received unanimous consent to withdraw amendment H-1759 filed by him from the floor. The House stood at ease at 11:02 a.m., until the fall of the gavel. The House resumed session at 12:00 p.m., Speaker Corbett in the chair. Brunkhorst of Bremer asked and received unanimous consent that House File 768 be deferred and that the bill retain its place on the calendar. On motion by Brunkhorst of Bremer, the House was recessed at 12:01 p.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 1:12 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-three members present, thirty- seven absent. SENATE AMENDMENT CONSIDERED Houser of Pottawattamie called up for consideration House File 476, a bill for an act relating to the exercise of the power of eminent domain and to condemnation proceedings and providing for the Act's applicability, amended by the Senate amendment H-1536 as follows: H-1536 1 Amend House File 476, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, line 8, by striking the word "is" and 4 inserting the following: "has been". 5 2. Page 1, line 9, by inserting after the word 6 "commodities" the following: "during three out of the 7 past five years". 8 3. Page 1, by striking lines 23 through 25. 9 4. Page 2, by striking lines 2 through 4, and 10 inserting the following: "or blighted area as defined 11 in section 403.17, or to land acquired for industry as 12 that term is defined in section 260E.2, or". 13 5. Page 2, line 6, by inserting after the figure 14 "306," the following: "or to the establishment of a 15 railway under the supervision of the department of 16 transportation as provided in section 327C.2,". 17 6. Page 2, line 7, by inserting after the figure 18 "328.1," the following: "or to land acquired for a 19 project under the new jobs and income act pursuant to 20 chapter 15, part 13, or to land located in an economic 21 development enterprise zone designated pursuant to 22 section 15E.192, excluding projects that qualify under 23 section 15E.193B,". 24 7. Page 2, by striking lines 15 through 20. 25 8. Page 10, by inserting after line 2 the 26 following: 27 "Sec. ___. Section 6B.17, Code 1999, is amended to 28 read as follows: 29 6B.17 WHEN APPRAISEMENT FINAL. 30 The appraisement of damages returned by the 31 commissioners shall be final unless appealedfromby 32 the condemnee. 33 Sec. ___. Section 6B.18, Code 1999, is amended to 34 read as follows: 35 6B.18 NOTICE OF APPRAISEMENT - APPEAL OF AWARD. 36 After the appraisement of damages has been 37 delivered to the sheriff by the compensation 38 commission, the sheriff shall give written notice, by 39 ordinary mail, to the condemner and the condemnee of 40 the date on which the appraisement of damages was 41 made, the amount of the appraisement, and thatany42interestedpartythe condemnee only may, within thirty 43 days from the date of mailing the notice of the 44 appraisement of damages, appeal to the district court. 45 The sheriff shall endorse the date of mailing of 46 notice upon the original appraisement of damages. At 47 the time of appeal, the appellant shall give written 48 notice that the appeal has been taken to the adverse 49 party, or the adverse party's agent or attorney, 50 lienholders, and the sheriff. Page 2 1 Sec. ___. Section 6B.21, Code 1999, is amended to 2 read as follows: 3 6B.21 APPEALS - HOW DOCKETED AND TRIED. 4 The appeal shall be docketed in the name of the 5 person appealing and all other interested parties to 6 the action shall be defendants.Intheeventthe7condemnerandthecondemneeappeal,theappealshall8bedocketedinthenameoftheappellantwhichfiled9theapplicationforcondemnationandallotherparties10totheactionshallbedefendants.The appeal shall 11 be tried as in an action by ordinary proceedings.The12appraisementofdamagesbythecompensationcommission13isadmissibleintheaction." 14 9. Page 16, line 6, by inserting after the word 15 "agency." the following: "This section does not apply 16 to property acquired by the Iowa department of 17 transportation." 18 10. Page 16, by striking line 9. 19 11. By striking page 16, line 17, through page 20 17, line 5. 21 12. Page 21, by striking lines 24 through 26 and 22 inserting the following: "condemnation or unless the 23 land is to be acquired for industry as that term is 24 defined in section 260E.2. This paragraph". 25 13. Page 22, by striking lines 6 through 8, and 26 inserting the following: "the land is to be acquired 27 for industry as that term is defined in section 28 260E.2. A municipality may exercise". 29 14. By striking page 22, line 32, through page 30 23, line 1, and inserting the following: 31 "NEW SUBSECTION. 2A. "Agricultural land" means 32 real property owned by a person in tracts of ten acres 33 or more and not laid off into lots of less than ten 34 acres or divided by streets and alleys into parcels of 35 less than ten acres, and that is used for the 36 production of agricultural commodities. Such use of 37 property includes, but is not". 38 15. Page 24, by inserting after line 3 the 39 following: 40 "Sec. ___. Section 543D.3, unnumbered paragraph 2, 41 Code 1999, is amended to read as follows: 42 A person who is not a certified real estate 43 appraiser under this chapter may appraise real estate 44 for compensation if certification is not required by 45 this chapter or by federal or state law, rule, or 46 policy. However, an employee of the state department 47 of transportation whose duties include appraisals of 48 property pursuant to chapter 6B must be a certified 49 real estate appraiser under this chapter. 50 Sec. ___. Section 543D.5, subsection 2, paragraph Page 3 1 a, Code 1999, is amended to read as follows: 2 a. Require compliance with federal law and 3 appraisal standards adopted by federal authorities as 4 they apply to federally covered transactions. This 5 paragraph does not require that an appraiser invoke a 6 jurisdictional exception to the uniform standards of 7 professional appraisal practice in order to comply 8 with federal law and appraisal standards adopted by 9 federal authorities as they apply to federally covered 10 transactions, unless federal law requires that the 11 exception be invoked." 12 16. By renumbering, relettering, or redesignating 13 and correcting internal references as necessary. Houser of Pottawattamie offered amendment H?1754, to the Senate amendment H?1536, filed by Houser, et al., as follows: H-1754 1 Amend the Senate amendment, H-1536, to House File 2 476, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 1, line 11, by inserting after the word 5 "to" the following: "agricultural". 6 2. Page 1, by striking lines 17 through 23. 7 3. Page 1, by inserting after line 24 the 8 following: 9 " ___. Page 5, line 2, by inserting after the word 10 "sought." the following: "For purposes of section 11 6B.4A, if condemnation of agricultural land is sought 12 by a city or county, or an agency of a city or county, 13 for location of an industry as that term is defined in 14 section 260E.2, the application shall so state. 15 However, the city or county shall not be required to 16 disclose information on an industrial prospect with 17 which the city or county is currently negotiating." 18 ___. Page 7, by inserting after line 31 the 19 following: 20 "Sec. ___. NEW SECTION. 6B.4A REVIEW OF 21 APPLICATIONS BY COMPENSATION COMMISSION. 22 1. If a city or county, or an agency of a city or 23 county, has filed an application for condemnation of 24 agricultural land for industry, the application is 25 subject to review by the compensation commission 26 pursuant to this section. 27 2. At any time before the thirty-day notice of 28 assessment expires pursuant to section 6B.8, a 29 landowner may apply to the compensation commission for 30 review of the condemnation application to determine 31 whether the use of condemnation is necessary for the 32 placement of an industry in the community. When 33 reviewing an application, the commission shall 34 consider all of the following: 35 a. The feasibility of acquiring the agricultural 36 land by methods other than condemnation. 37 b. The public cost and public benefit from 38 locating the industry on the agricultural land. 39 c. The ability to adapt the industry development 40 plans to avoid the use of condemnation. 41 d. The existence of a specific industry to be 42 located on the agricultural land. 43 e. The amount of agricultural land requested to be 44 condemned compared to the total amount of agricultural 45 land needed for the project. 46 3. The commission shall approve or deny the 47 application for condemnation within thirty days of 48 receiving a request to review the condemnation 49 application. A majority vote of the commission 50 members is necessary to approve or deny a condemnation Page 2 1 application. The sheriff shall notify the landowner 2 and condemner of the commission's determination by 3 certified mail. 4 4. A determination made by the compensation 5 commission pursuant to this section shall be final 6 unless appealed from. An appeal must be filed with 7 the district court within thirty days of mailing the 8 commission's determination to the condemner and the 9 landowner. At the time of appeal, the appellant shall 10 give written notice that the appeal has been taken to 11 the adverse party, or the adverse party's agent or 12 attorney. Notice of an appeal shall be served in the 13 same manner as an original notice. The appeal shall 14 be docketed in the name of the person appealing and 15 all other interested parties to the action shall be 16 defendants. 17 5. This section does not apply to condemnation of 18 agricultural land if the industry is an eligible 19 business under section 15.329 and the department of 20 economic development enters into an agreement under 21 section 15.330 with the industry. 22 6. For purposes of this section, "industry" means 23 the same as defined in section 260E.2." 24 ___. Page 8, line 22, by inserting after the word 25 "notices." the following: "If a city or county, or an 26 agency of a city or county, is seeking to condemn 27 agricultural land for an industry as that term is 28 defined in section 260E.2, the notice shall inform the 29 landowner that the landowner may request that the 30 compensation commission review the application as 31 provided in section 6B.4A."" 32 4. By striking page 1, line 25, through page 2, 33 line 13. 34 5. Page 2, by inserting before line 14 the 35 following: 36 " ___. Page 16, line 5, by inserting after the 37 word "to" the following: "or benefiting"." 38 6. Page 2, line 23, by inserting before the word 39 "land" the following: "agricultural". 40 7. Page 2, line 26, by inserting before the word 41 "land" the following: "agricultural". 42 8. Page 2, line 35, by striking the word "is" and 43 inserting the following: "has been". 44 9. Page 2, line 36, by inserting after the word 45 "commodities" the following: "during three out of the 46 past five years". 47 10. Page 2, line 48, by inserting after the word 48 "certified" the following: "or associate". 49 11. By renumbering as necessary. Huser of Polk offered amendment H-1783, to amendment H-1754, to the Senate amendment H-1536, filed by her from the floor as follows: H-1783 1 Amend the amendment, H-1754, to the Senate 2 amendment, H-1536, to House File 476, as amended, 3 passed, and reprinted by the House, as follows: 4 1. Page 2, by striking lines 32 and 33 and 5 inserting the following: 6 " . By striking page 1, line 27, through page 7 2, line 13, and inserting the following: 8 "Sec. ___. Section 6B.21, Code 1999, is amended to 9 read as follows: 10 6B.21 APPEALS - HOW DOCKETED AND TRIED. 11 The appeal shall be docketed in the name of the 12 person appealing and all other interested parties to 13 the action shall be defendants. In the event the 14 condemner and the condemnee appeal, the appeal shall 15 be docketed in the name of the appellant which filed 16 the application for condemnation and all other parties 17 to the action shall be defendants. The appeal shall 18 be tried as in an action by ordinary proceedings.The19appraisementofdamagesbythecompensationcommission20isadmissibleintheaction."" The House stood at ease at 1:32 p.m., until the fall of the gavel. The House resumed session at 3:00 p.m., Eddie of Buena Vista in the chair. On motion by Huser of Polk amendment H-1783, to amendment H-1754, to the Senate amendment H-1536, was adopted. Huser of Polk offered the following amendment H-1765, to amendment H-1754, to the Senate amendment H-1536, filed by her from the floor and moved its adoption: H-1765 1 Amend the amendment, H-1754, to the Senate 2 amendment, H-1536, to House File 476, as amended, 3 passed, and reprinted by the House, as follows: 4 1. Page 2, by striking lines 47 and 48. 5 2. By renumbering as necessary. Amendment H-1765 was adopted. Division of amendment H-1754, as amended, was requested as follows: Page 1 - Lines 4 and 5, Division A; line 6, Division B; lines 7 through 17, Division A; lines 18 through 50, Division B. Page 2 - Lines 1 through 31, Division B; lines 32 through 49, Division A. On motion by Houser of Pottawattamie amendment H-1754A, as amended, to the Senate amendment H-1536, was adopted. Dotzler of Black Hawk offered the following amendment H-1770, to the Senate amendment H?1536, filed by him from the floor and moved its adoption: H-1770 1 Amend the Senate amendment, H-1536, to House File 2 476, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 1, line 11, by inserting after the figure 5 "403.17," the following: "or to the state's portion 6 of the American discovery trail if the state 7 transportation commission has approved the use of 8 eminent domain under section 307A.2, subsection 16, 9 and if the natural resource commission has approved 10 the use of eminent domain under section 455A.5, 11 subsection 7,". 12 2. Page 2, by inserting after line 20 the 13 following: 14 " . Page 19, by inserting after line 24 the 15 following: 16 "Sec. ___. Section 307A.2, Code 1999, is amended 17 by adding the following new subsection: 18 NEW SUBSECTION. 16. Review all applications 19 submitted by acquiring agencies requesting approval 20 for an acquiring agency to exercise eminent domain 21 authority over agricultural land for routing the 22 state's portion of the American discovery trail and 23 determine whether the use of such authority is 24 necessary for the routing of that portion of the 25 trail. 26 The commission shall give preference to 27 applications for the acquisition for trail routes 28 which use existing or abandoned railroad rights of 29 way, road and highway rights of way, river valleys, 30 and natural greenbelts. When reviewing an 31 application, the commission shall consider all of the 32 following: 33 a. The feasibility of acquiring the agricultural 34 land by methods other than condemnation. 35 b. The public cost and public benefit of locating 36 the trail where it is most feasible to maintain or 37 enhance public safety. 38 c. The existence of willing sellers at other 39 locations in the area which locations would provide 40 the same level of public safety. 41 d. The ability to adapt the trail plans to avoid 42 the use of condemnation. 43 For purposes of this subsection, "acquiring agency" 44 means the same as in section 6B.58."" 45 3. Page 2, by inserting after line 39 the 46 following: 47 "Sec. ___. Section 455A.5, Code 1999, is amended 48 by adding the following new subsection: 49 NEW SUBSECTION. 7. The commission shall review 50 all applications submitted by acquiring agencies Page 2 1 requesting approval for an acquiring agency to 2 exercise eminent domain authority over agricultural 3 land for routing the state's portion of the American 4 discovery trail and determine whether the use of such 5 authority is necessary for the routing of that portion 6 of the trail. 7 The commission shall give preference to 8 applications for the acquisition for trail routes 9 which use existing or abandoned railroad rights of 10 way, road and highway rights of way, river valleys, 11 and natural greenbelts. When reviewing an 12 application, the commission shall consider all of the 13 following: 14 a. The feasibility of acquiring the agricultural 15 land by methods other than condemnation. 16 b. The public cost and public benefit of locating 17 the trail where it is most feasible to maintain and 18 enhance public safety. 19 c. The existence of willing sellers at other 20 feasible locations in the area which locations would 21 provide the same level of public safety. 22 d. The ability to adapt the trail plans to avoid 23 the use of condemnation. 24 For purposes of this subsection, "acquiring agency" 25 means the same as in section 6B.58." 26 4. By renumbering as necessary. Roll call was requested by Baudler of Adair and Greiner of Washington. On the question "Shall amendment H-1770, to the Senate amendment H-1536, be adopted?" (H.F. 476) The ayes were, 42: Bukta Burnett Cataldo Chiodo Cohoon Connors Corbett, Spkr. Doderer Dotzler Drake Drees Falck Fallon Foege Ford Frevert Grundberg Holveck Huser Jacobs Jenkins Jochum Larkin Larson Martin Mascher May Metcalf Murphy Myers Osterhaus Raecker Scherrman Shoultz Siegrist Sunderbruch Taylor Warnstadt Weidman Whitead Wise Witt The nays were, 51: Alons Arnold Barry Baudler Bell Blodgett Boddicker Bradley Brauns Carroll Cormack Davis Dix Dolecheck Garman Gipp Greiner Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Johnson Kettering Klemme Kreiman Kuhn Lord Mertz Mundie Nelson O'Brien Parmenter Rants Rayhons Reynolds Richardson Stevens Sukup Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Weigel Welter Eddie, Presiding Absent or not voting, 7: Boal Boggess Brunkhorst Chapman Jager Millage Schrader Amendment H?1770 lost. Houser of Pottawattamie moved the adoption of amendment H-1754B, to the Senate amendment H-1536. Speaker Corbett in the chair at 4:50 p.m. A non-record roll call was requested. The ayes were 47, nays 35. Amendment H-1754B was adopted. O'Brien of Boone asked and received unanimous consent to withdraw amendment H-1749, to the Senate amendment H-1536, filed by O'Brien, et al., on April 21, 1999. Jenkins of Black Hawk offered the following amendment H?1760, to the Senate amendment H?1536, filed by him from the floor and moved its adoption: H-1760 1 Amend the Senate amendment, H-1536, to House File 2 476, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 1, by inserting after line 24 the 5 following: 6 " . Page 5, by striking lines 15 through 24." 7 2. By renumbering as necessary. Amendment H?1760 lost. Martin of Scott offered the following amendment H?1766, to the Senate amendment H?1536, filed by her from the floor and moved its adoption: H-1766 1 Amend the Senate amendment, H-1536, to House File 2 476, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 1, by inserting after line 24 the 5 following: 6 " . Page 2, line 31, by striking the word 7 "thirty" and inserting the following: "ten"." 8 2. Page 3, line 2, by striking the word "thirty" 9 and inserting the following: "ten". 10 3. By renumbering as necessary. Amendment H?1766 lost. Martin of Scott asked and received unanimous consent to withdraw amendment H-1773, to the Senate amendment H-1536, filed by her from the floor. Larson of Linn asked and received unanimous consent to withdraw amendment H-1782, to the Senate amendment H-1536, filed by him and Kreiman of Davis from the floor. Metcalf of Polk offered the following amendment H?1787, to the Senate amendment H?1536, filed by her from the floor and moved its adoption: H-1787 1 Amend the Senate amendment, H-1536, to House File 2 476, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 1, by inserting after line 24, the 5 following: 6 "___. By striking page 6, line 35, through page 7 7, line 23, and inserting the following: "is amended 8 by striking the paragraph and inserting in lieu 9 thereof the following: 10 If the property to be condemned is located in a 11 city, the city council shall select five persons from 12 the list, one person who is an owner-operator of 13 agricultural property when the property to be 14 condemned is agricultural property; one owner of city 15 property; one representative from the city planning 16 commission; one representative from the city board of 17 adjustment; and one representative from the regional 18 planning commission appointed by the chair of the 19 regional planning commission. If the property to be 20 condemned is located outside the corporate limits of a 21 city, the county board of supervisors shall select one 22 owner of city property; one representative from the 23 county planning commission; one representative from 24 the county board of adjustment; and one representative 25 from the regional planning commission appointed by the 26 chair of the regional planning commission. This body 27 shall constitute a condemnation board to consider the 28 condemnation application and to determine if the 29 planned use of the property to be condemned is 30 compatible with the city's comprehensive plan, 31 regional land use plan, and other relevant planning 32 documents adopted by the city. After a determination 33 has been made concerning consistency with one or more 34 of such plans, the chief judge of the judicial 35 district shall appoint a five-member compensation 36 commission. The compensation commission shall consist 37 of one city resident, one county resident if the 38 property to be condemned is outside the corporate 39 limits of a city, one realtor, one member of the city 40 planning commission, and one real estate appraiser who 41 is familiar with the local real estate market. The 42 compensation commission shall name a chairperson from 43 the persons selected and shall assess the damages to 44 all property taken by the applicant and located in the 45 county. A person shall not be selected as a member of 46 the compensation board or the compensation commission 47 if the person possesses any interest in the proceeding 48 which would cause the person to render a biased 49 decision. The clerk of the district court shall send, 50 by ordinary mail, a list of those persons selected to Page 2 1 the applicant and to the owner of the property at the 2 owner's last known address. The list shall be 3 provided prior to the mailing, by any party, of a 4 notice of assessment under section 6B.8. If the clerk 5 of the district court is unable to locate an address 6 for the owner of the property, the list shall be 7 published once in a newspaper of general circulation 8 in the county. The applicant shall reimburse the 9 clerk of the district court for the cost of mailing 10 and publication."" 11 2. By renumbering as necessary. Amendment H?1787 lost. Larson of Linn offered the following amendment H?1793, to the Senate amendment H?1536, filed by him and Kreiman of Davis from the floor and moved its adoption: H-1793 1 Amend the Senate amendment, H-1536, to House File 2 476, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 1, by inserting after line 24 the 5 following: 6 " . Page 8, line 3, by inserting after the word 7 "report" the following: "containing the information 8 used by the commission in assessing the damages"." 9 2. By renumbering as necessary. Amendment H?1793 was adopted. Richardson of Warren asked and received unanimous consent to withdraw amendment H-1602, to the Senate amendment H-1536, filed by him on April 13, 1999. Martin of Scott asked and received unanimous consent to withdraw amendment H-1757, to the Senate amendment H-1536, filed by her from the floor. Metcalf of Polk offered the following amendment H?1779, to the Senate amendment H?1536, filed by her from the floor and moved its adoption: H-1779 1 Amend the Senate amendment, H-1536, to House File 2 476, as amended, passed, and reprinted by the House, 3 as follows: 4 1. By striking page 1, line 3, through page 3, 5 line 11, and inserting the following: 6 " . By striking page 1, line 1, through page 7 15, line 30. 8 ___. By striking page 16, line 7, through page 9 24, line 24." Amendment H?1779 lost. Richardson of Warren offered amendment H?1603, to the Senate amendment H?1536, filed by him as follows: H-1603 1 Amend the Senate amendment, H-1536, to House File 2 476, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 3, by inserting after line 11 the 5 following: 6 " . Page 24, by inserting after line 3 the 7 following: 8 "Sec. . MORATORIUM ON ANNEXATION BY A CITY. 9 Notwithstanding chapter 368, division III, from the 10 effective date of this Act until July 1, 2000, the 11 city development board shall not accept a petition for 12 an involuntary annexation of territory to a city. The 13 board shall also discontinue any actions or 14 proceedings relating to a hearing, approval, or 15 election on a petition or plan for an involuntary 16 annexation of territory pending before the board 17 during the moratorium from the effective date of this 18 Act until July 1, 2000. On or after July 1, 2000, the 19 board may proceed with the review and implementation 20 of petitions and plans relating to involuntary 21 annexations of territory pursuant to chapter 368, 22 division III. 23 Sec. 2. MORATORIUM ON CERTAIN DEVELOPMENT ACTIONS 24 BY COUNTIES. Notwithstanding chapter 354, from the 25 effective date of this Act until July 1, 2000, a 26 county shall not issue any permits, authorizations, or 27 approvals necessary for the subdivision and 28 partitioning of any land located in the unincorporated 29 areas of the county for residential construction. On 30 or after July 1, 2000, a county may proceed with 31 issuance of any permits, authorizations, or approvals 32 necessary for the subdivision and partitioning of, or 33 residential construction on, any land located in the 34 unincorporated areas of the county. 35 . Title page, line 2, by inserting after the 36 word "proceedings" the following: ", imposing 37 moratoria on annexation by a city and on certain 38 development actions by counties,"." 39 2. By renumbering as necessary. Houser of Pottawattamie rose on a point of order that amendment H-1603, to the Senate amendment H-1536, was not germane. The Speaker ruled the point well taken and amendment H-1603, to the Senate amendment H-1536, not germane. Metcalf of Polk offered the following amendment H?1753, to the Senate amendment H?1536, filed by her and moved its adoption: H-1753 1 Amend the Senate amendment, H-1536, to House File 2 476, as amended, passed, and reprinted by the House, 3 as follows: 4 1. Page 3, by inserting before line 12 the 5 following: 6 " ___. Page 24, line 24, by striking the figure 7 "1999" and inserting the following: "2000"." 8 2. By renumbering as necessary. Amendment H?1753 lost. Jacobs of Polk asked and received unanimous consent to withdraw amendment H-1781, to the Senate amendment H-1536, filed by her from the floor. On motion by Houser of Pottawattamie the House concurred in the Senate amendment H-1536, as amended. Houser of Pottawattamie 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. 476) The ayes were, 61: Alons Arnold Barry Baudler Bell Boddicker Bradley Brauns Brunkhorst Bukta Burnett Carroll Davis Dix Dolecheck Drake Eddie Falck Fallon Frevert Garman Gipp Greiner Hahn Heaton Hoffman Holmes Horbach Houser Huseman Huser Jager Johnson Kettering Klemme Kreiman Kuhn Larson Lord Mascher May Mertz Mundie O'Brien Parmenter Raecker Rants Rayhons Reynolds Richardson Schrader Stevens Sukup Sunderbruch Thomas Thomson Tyrrell Van Engelenhoven Weidman Welter Wise The nays were, 33: Blodgett Cataldo Chiodo Cohoon Connors Cormack Doderer Dotzler Drees Foege Ford Hansen Holveck Jacobs Jenkins Jochum Larkin Martin Metcalf Millage Murphy Nelson Osterhaus Scherrman Shoultz Siegrist Taylor Teig Van Fossen Warnstadt Whitead Witt Mr. Speaker Corbett Absent or not voting, 5: Boal Boggess Chapman Grundberg Weigel Under the provision of Rule 76, conflict of interest, Myers of Johnson refrained from voting. The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. SENATE MESSAGE CONSIDERED Senate File 470, by Iverson, a bill for an act relating to campaign finance disclosure, including the study of campaign finance disclosure and related laws, by regulating express advocacy of candidates and ballot issues, requiring annual authorization for political representation financed from deductions from wages, dues, and fees, establishing a commission to study campaign finance disclosure and related laws, providing and applying penalties, providing an effective date and for applicability, and providing for severability. Read first time and referred to committee on state government. 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 22, 1999, amended and passed the following bill in which the concurrence of the House is asked: House File 322, a bill for an act relating to production contracts, providing penalties, and providing an effective date. Also: That the Senate has on April 22, 1999, amended and passed the following bill in which the concurrence of the House is asked: House File 688, a bill for an act providing for the designation of a state poet laureate. Also: That the Senate has on April 22, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 708, a bill for an act establishing a governor's award for quality care in health care facilities. Also: That the Senate has on April 22, 1999, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 395, a bill for an act relating to the department of corrections by providing for purchases from Iowa prison industries, the study of inmate worker safety issues, the establishment of a criminal offense for attempts to escape, the crediting of time served by inmates, inmate work program agreements, the revolving farm fund, and deductions from inmate work program earnings, standards for the employment of probation and parole officers, and making penalties applicable. Also: That the Senate has on April 22, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 466, a bill for an act relating to the remediation of agrichemical sites, providing for fees, and providing for the repeal of a section relating to cleanup prioritization. MICHAEL E. MARSHALL, Secretary IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 476 be immediately messaged to the Senate. LEAVE OF ABSENCE Leave of absence was granted as follows: Burnett of Story on request of Schrader of Marion; Weigel of Chickasaw, Doderer of Johnson, and Chapman of Linn on request of Myers of Johnson. Appropriations Calendar House File 772, a bill for an act relating to and making appropriations from and to the rebuild Iowa infrastructure fund and the Iowa resources enhancement and protection fund to state departments and agencies, including the department of agriculture and land stewardship, the department of cultural affairs, the department of economic development, the department of corrections, the department of general services, the Iowa state fair foundation, the judicial branch, the legislative council, the department of natural resources, the department of public defense, the department of public safety, the state board of regents, the state department of transportation, office of treasurer of state, and the commission of veterans affairs and providing effective dates, was taken up for consideration. Schrader of Marion rose on a point of order that House File 772 was not eligible for debate. The Speaker ruled the point well taken. RULES SUSPENDED Schrader of Marion asked and received unanimous consent to suspend the rules for the immediate consideration of House File 772. Blodgett of Cerro Gordo offered the following amendment H?1722 filed by him and moved its adoption: H-1722 1 Amend House File 772 as follows: 2 1. Page 2, by striking lines 23 through 26 and 3 inserting the following: 4 "d. Of the amount appropriated in this subsection 5 for the fiscal year beginning July 1, 1999, $200,000 6 shall be used for the restoration of buildings which 7 were designed by Frank Lloyd Wright and are listed on 8 the national register of historic places and on the 9 list of the top ten most endangered structures in the 10 state by the Iowa historic preservation alliance, and 11 up to $200,000 may be used by the department for major 12 maintenance on facilities under the purview of the 13 department." 14 2. By renumbering as necessary. Amendment H?1722 was adopted. Connors of Polk asked and received unanimous consent that amendment H-1774 be deferred. Shoultz of Black Hawk offered the following amendment H?1767 filed by him and Weigel of Chickasaw from the floor and moved its adoption: H-1767 1 Amend House File 772 as follows: 2 1. Page 3, line 6, by inserting after the word 3 "review" the following: "analyses and plans involving 4 the Iowa high school athletic association, including 5 an analysis by the university of northern Iowa and the 6 Iowa high school athletic association of the possible 7 relocation of the state high school wrestling 8 tournament to the university of northern Iowa dome to 9 better accommodate the large number of spectators 10 wishing to attend the tournament, and". 11 2. Page 3, line 9, by inserting after the word 12 "construction" the following: "of the Iowa hall of 13 pride". 14 3. By renumbering as necessary. Amendment H?1767 lost. Witt of Black Hawk offered the following amendment H?1788 filed by him from the floor and moved its adoption: H-1788 1 Amend House File 772 as follows: 2 1. Page 3, line 7, by inserting after the word 3 "pride." the following: "The legislative council 4 shall also review agreements between the Iowa high 5 school athletic association and the capitol planning 6 commission regarding financial and operational 7 standards for the project." Amendment H?1788 was adopted. Falck of Fayette asked and received unanimous consent that amendment H-1723 be deferred. Drake of Pottawattamie offered the following amendment H?1764 filed by him from the floor and moved its adoption: H-1764 1 Amend House File 772 as follows: 2 1. Page 4, by striking line 21 and inserting the 3 following: "and events in outside markets. This out- 4 of-state advertising shall be allocated equally among 5 the". Amendment H?1764 was adopted. Warnstadt of Woodbury offered amendment H?1768 filed by Warnstadt, Dotzler of Black Hawk, Cohoon of Des Moines, Wise of Lee, Bell of Jasper, Mascher of Johnson, Myers of Johnson, Schrader of Marion, Connors of Polk, Taylor of Linn, Holveck of Polk, Reynolds of Van Buren, Huser of Polk, Stevens of Dickinson, Frevert of Palo Alto, Chapman of Linn, Mertz of Kossuth, Bukta of Clinton, Larkin of Lee, Kuhn of Floyd, Mundie of Webster, Fallon of Polk, Jochum of Dubuque, Ford of Polk, Cataldo of Polk, Chiodo of Polk, Kreiman of Davis, Weigel of Chickasaw, Parmenter of Story, Witt of Black Hawk, Falck of Fayette, Burnett of Story, Shoultz of Black Hawk, Richardson of Warren, Scherrman of Dubuque, Osterhaus of Jackson, Foege of Linn, Murphy of Dubuque, Doderer of Johnson, May of Worth, Whitead of Woodbury, O'Brien of Boone and Thomas of Clayton from the floor and requested division as follows: H-1768 1 Amend House File 772 as follows: H-1768A 2 1. By striking page 4, line 32, through page 5, 3 line 2. 4 2. Page 5, by striking line 13 and inserting the 5 following: 6 "FY 1999-2000 $ 0" H-1768B 7 3. Page 5, by inserting after line 29 the 8 following: 9 "DEPARTMENT OF EDUCATION 10 Sec. ___. There is appropriated from the rebuild 11 Iowa infrastructure fund to the department of 12 education for the fiscal biennium beginning July 1, 13 1999, and ending June 30, 2001, the following amounts, 14 or so much thereof as is necessary, to be used for the 15 purpose designated: 16 For providing revolving loans to school districts 17 for K-12 school infrastructure improvements: 18 FY 1999-2000 $ 10,000,000 19 FY 2000-2001 $ 0 20 The department shall adopt rules for awarding loans 21 pursuant to this section." H-1768A 22 4. Page 6, by striking line 27 and inserting the 23 following: 24 "FY 1999-2000 $ 500,000" 25 5. Page 16, by striking line 11 and inserting the 26 following: 27 "FY 1999-2000 $ 2,200,000" 28 6. Page 18, by striking lines 4 through 13. 29 7. By renumbering and correcting internal 30 references as necessary. Warnstadt of Woodbury asked and received unanimous consent that amendment H-1768A be deferred. Witt of Black Hawk offered amendment H?1769 filed by Witt, Burnett of Story, Bell of Jasper, Bukta of Clinton, Chapman of Linn, Chiodo of Polk, Cohoon of Des Moines, Connors of Polk, Doderer of Johnson, Dotzler of Black Hawk, Drees of Carroll, Falck of Fayette, Fallon of Polk, Foege of Linn, Ford of Polk, Frevert of Palo Alto, Holveck of Polk, Huser of Polk, Jochum of Dubuque, Kreiman of Davis, Kuhn of Floyd, Larkin of Lee, Mascher of Johnson, May of Worth, Mertz of Kossuth, Mundie of Webster, Murphy of Dubuque, Myers of Johnson, O'Brien of Boone, Osterhaus of Jackson, Parmenter of Story, Reynolds of Van Buren, Richardson of Warren, Scherrman of Dubuque, Schrader of Marion, Shoultz of Black Hawk, Stevens of Dickinson, Taylor of Linn, Thomas of Clayton, Warnstadt of Woodbury, Weigel of Chickasaw, Whitead of Woodbury and Wise of Lee from the floor as follows: H-1769 1 Amend House File 772 as follows: 2 1. By striking page 4, line 32, through page 5, 3 line 2. 4 2. Page 6, by striking line 27 and inserting the 5 following: 6 "FY 1999-2000 $ 1,300,000" 7 3. Page 10, by striking lines 1 through 10. 8 4. Page 16, by striking line 11 and inserting the 9 following: 10 "FY 1999-2000 $ 2,550,000" 11 5. By striking page 16, line 20 through page 17, 12 line 5, and inserting the following: 13 "b. The department shall adopt rules pursuant to 14 chapter". 15 6. Page 18, by striking line 8 and inserting the 16 following: 17 "FY 1999-2000 $ 0" 18 7. Page 18, by striking line 34 and inserting the 19 following: 20 "FY 1999-2000 $ 15,000,000" 21 8. By renumbering as necessary. Witt of Black Hawk asked and received unanimous consent to withdraw amendment H-1776, to amendment H-1769, filed by him from the floor. Division of amendment H-1769 was requested as follows: Lines 2 through 17, Division A. Lines 18 through 21, Division B. Witt of Black Hawk asked and received unanimous consent to withdraw amendment H-1769A. Cohoon of Des Moines asked and received unanimous consent to withdraw amendment H-1755 filed by him and Sukup of Franklin from the floor. Wise of Lee offered amendment H?1746 filed by him as follows: H-1746 1 Amend House File 772 as follows: 2 1. Page 5, line 11, by inserting after the word 3 "projects" the following: "involving value-added 4 agriculture or biotechnology". Wise of Lee offered the following amendment H?1778, to amendment H?1746, filed by him from the floor and moved its adoption: H-1778 1 Amend the amendment, H-1746, to House File 772, as 2 follows: 3 1. Page 1, line 4, by striking the word 4 "agriculture" and inserting the following: 5 "agriculture, advanced technology,". Amendment H?1778 was adopted. On motion by Wise of Lee, amendment H-1746, as amended, was adopted. Warnstadt of Woodbury moved the adoption of amendment H-1768B. Carroll of Poweshiek in the chair at 6:08 p.m. Roll call was requested by Warnstadt of Woodbury and Murphy of Dubuque. On the question "Shall amendment H-1768B be adopted?" (H.F. 772) The ayes were, 39: Arnold Bell Bukta Cataldo Chiodo Cohoon Connors Dotzler Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kreiman Kuhn Larkin Mascher May Mertz Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Whitead Wise Witt The nays were, 55: Alons Barry Baudler Blodgett Boddicker Bradley Brauns Brunkhorst Corbett, Spkr. Cormack Davis Dix Dolecheck Drake Drees Eddie Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Mundie Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Carroll, Presiding Absent or not voting, 6: Boal Boggess Burnett Chapman Doderer Weigel Amendment H-1768B lost. Connors of Polk asked and received unanimous consent that amendment H-1758 be deferred. Sukup of Franklin offered the following amendment H?1786 filed by him from the floor and moved its adoption: H-1786 1 Amend House File 772 as follows: 2 1. Page 7, line 8, by striking the word "school" 3 and inserting the following: "school,". Amendment H?1786 was adopted. Gipp of Winneshiek asked and received unanimous consent to withdraw amendment H-1763 filed by him from the floor. Sukup of Franklin asked and received unanimous consent to withdraw amendment H-1772 filed by him and Cohoon of Des Moines from the floor. Witt of Black Hawk offered the following amendment H?1777 filed by him from the floor and moved its adoption: H-1777 1 Amend House File 772 as follows: 2 1. Page 11, by striking lines 7 through 10 and 3 inserting the following: 4 " . For construction of an addition to McCollum 5 science hall at the university of northern Iowa: 6 FY 1999-2000 $ 0 7 FY 2000-2001 $ 10,000,000 8 It is the intent of the general assembly that in 9 the fiscal year beginning July 1, 2001, and ending 10 June 30, 2002, the remainder of the funds necessary to 11 complete the addition to McCollum science hall will be 12 appropriated to the state board of regents." 13 2. By renumbering as necessary. Amendment H?1777 lost. Dix of Butler offered amendment H?1752 filed by him and Huser of Polk as follows: H-1752 1 Amend House File 772 as follows: 2 1. Page 12, by inserting after line 12 the 3 following: 4 "None of the funds appropriated in this subsection 5 shall be used for the acquisition of land by 6 condemnation for recreational trail projects or for 7 recreational trail projects on land acquired by 8 condemnation on or after the effective date of this 9 section of this Act." The following amendment H-1798, to amendment H-1752, filed by Dix of Butler from the floor, was adopted by unanimous consent: H-1798 1 Amend the amendment H-1752, to House File 772 as 2 follows: 3 1. Page 1, line 6, by inserting before the word 4 "condemnation" the word "involuntary". 5 2. Page 1, line 8, by inserting before the word 6 "condemnation" the word "involuntary". On motion by Dix of Butler amendment H-1752, as amended, was adopted. Kuhn of Floyd asked and received unanimous consent to withdraw amendment H-1785 filed by Kuhn, Weigel of Chickasaw and Kreiman of Davis from the floor, placing amendment H-1794 filed by Kuhn of Floyd from the floor, out of order. Falck of Fayette offered the following amendment H?1724 filed by him and moved its adoption: H-1724 1 Amend House File 772 as follows: 2 1. Page 16, line 9, by inserting after the word 3 "report," the following: "and for the repair of low- 4 head dams on public lakes,". 5 2. By renumbering as necessary. Amendment H?1724 lost. Witt of Black Hawk moved the adoption of amendment H-1769B. Eddie of Buena Vista in the chair at 7:02 p.m. Roll call was requested by Myers of Johnson and Murphy of Dubuque. On the question "Shall amendment H-1769B be adopted?" (H.F. 772) The ayes were, 41: Arnold Bell Bukta Cataldo Chiodo Cohoon Connors Dotzler Drees Falck Fallon Foege Ford Frevert Holveck Huser^ Jochum Kreiman Kuhn Larkin Mascher May Mertz Mundie Murphy Myers O'Brien Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Stevens Taylor Thomas Warnstadt Whitead Wise Witt The nays were, 52: Alons Barry Baudler Blodgett Boddicker Bradley Brauns Brunkhorst Carroll Corbett, Spkr. Davis Dix Dolecheck Drake Garman Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Metcalf Millage Nelson Raecker Rants Rayhons Siegrist Sukup Sunderbruch Teig Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Eddie, Presiding Absent or not voting, 7: Boal Boggess Burnett Chapman Cormack Doderer Weigel Amendment H-1769B lost. Cohoon of Des Moines asked and received unanimous consent to withdraw amendment H-1756 filed by him from the floor. Falck of Fayette offered amendment H?1761 filed by him from the floor as follows: H-1761 1 Amend House File 772 as follows: 2 1. Page 20, by inserting after line 8 the 3 following: 4 "Sec. ___. NEW SECTION. 8.70 TECHNOLOGY 5 ASSURANCE FUND. 6 1. A technology assurance fund is created under 7 the authority of the department of management. The 8 fund shall be separate from the general fund of the 9 state and the balance in the fund shall not be 10 considered part of the balance of the general fund of 11 the state. The fund shall be considered a special 12 account for purposes of section 8.53, relating to 13 generally accepted accounting principles. 14 2. The technology assurance fund shall consist of 15 appropriations made to the fund; gifts, bequests, 16 donations, or other moneys designated for deposit in 17 the fund; and transfers of interest, earnings, and 18 moneys from other accounts and funds as provided by 19 law. 20 3. Moneys in the fund shall be used for 21 improvements and enhancements to information and 22 communication technology and for administrative costs 23 directly related to such improvements and 24 enhancements. For purposes of this section, 25 "technology" includes, but is not limited to, voice, 26 video, and data technology; supporting structures and 27 equipment, such as towers and transmission dishes; 28 administrative costs directly related to development, 29 acquisition, and implementation of technology; and the 30 police radio broadcasting system. "Improvements and 31 enhancements to information and communication 32 technology" includes the leasing of technology. 33 4. Notwithstanding section 12C.7, subsection 2, 34 interest or earnings on moneys deposited in the 35 technology assurance fund shall be credited to the 36 fund." 37 2. By renumbering as necessary. Amendment H?1761 lost. Schrader of Marion offered the following amendment H?1771 filed by him from the floor and moved its adoption: H-1771 1 Amend House File 772 as follows: 2 1. Page 20, line 13, by inserting after the words 3 "creation of" the following: "publicly owned". 4 2. Page 22, by inserting after line 9 the 5 following: 6 "4. Community attraction and tourism development 7 fund assistance shall only be provided for multiple 8 purpose attraction and tourism facilities which are 9 publicly owned." 10 3. By renumbering as necessary. Roll call was requested by Schrader of Marion and Cormack of Webster. Rule 75 was invoked. On the question "Shall amendment H-1771 be adopted?" (H.F. 772) The ayes were, 32: Cohoon Connors Dix Drees Falck Fallon Foege Frevert Garman Holveck Jochum Kreiman Kuhn Larkin Mascher May Murphy Myers Osterhaus Parmenter Reynolds Richardson Scherrman Schrader Shoultz Taylor Thomas Van Engelenhoven Warnstadt Whitead Wise Witt The nays were, 62: Alons Arnold Barry Baudler Bell Blodgett Boddicker Bradley Brauns Brunkhorst Bukta Carroll Cataldo Chiodo Corbett, Spkr. Cormack Davis Dolecheck Dotzler Drake Ford Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Horbach Houser Huseman Huser Jacobs Jager Jenkins Johnson Kettering Klemme Larson Lord Martin Mertz Metcalf Millage Mundie Nelson O'Brien Raecker Rants Rayhons Siegrist Stevens Sukup Sunderbruch Teig Thomson Tyrrell Van Fossen Weidman Welter Eddie, Presiding Absent or not voting, 6: Boal Boggess Burnett Chapman Doderer Weigel Amendment H?1771 lost. Speaker Corbett in the chair at 7:50 p.m. Carroll of Poweshiek offered the following amendment H?1775 filed by him from the floor and moved its adoption: H-1775 1 Amend House File 772 as follows: 2 1. page 20, line 23, by inserting after the words 3 "will be" the following: "or have been". Amendment H?1775 was adopted. Brauns of Muscatine offered the following amendment H?1738 filed by him and moved its adoption: H-1738 1 Amend House File 772 as follows: 2 1. Page 24, by striking line 2 and inserting the 3 following: "office of treasurer of state to be 4 allocated to the". 5 2. Page 24, line 3, by inserting after the word 6 "payments" the following: "to be". 7 3. Page 24, line 35, by inserting before the word 8 "paid" the following: "to be". 9 4. Page 25, by striking lines 20 and 21 and 10 inserting the following: "shall allocate to the 11 association of Iowa fairs the total amount to be paid 12 by the association to eligible societies under". 13 5. By renumbering as necessary. Amendment H?1738 was adopted. Ford of Polk offered the following amendment H?1774 filed by him from the floor, previously deferred, and moved its adoption: H-1774 1 Amend House File 772 as follows: 2 1. Page 2, by inserting after line 26 the 3 following: 4 "e. Of the amount appropriated in this subsection 5 for the fiscal year beginning July 1, 1999, not more 6 than $50,000 may be used to fund a matching 7 contribution toward renovation of the Des Moines 8 playhouse. These funds shall be awarded on a matching 9 basis of one dollar of local or private funds for 10 every dollar of state funds." 11 2. By renumbering as necessary. Amendment H?1774 lost. Falck of Fayette offered amendment H?1723, previously deferred, filed by him as follows: H-1723 1 Amend House File 772 as follows: 2 1. Page 4, by inserting after line 17 the 3 following: 4 "The department shall give special consideration to 5 community attraction and development projects which 6 are intergovernmental multipurpose community 7 projects." 8 2. Page 16, by inserting after line 6 the 9 following: 10 "The department shall give special consideration to 11 recreational complex or facility projects which are 12 intergovernmental multipurpose community projects." Falck of Fayette offered the following amendment H?1797, to amendment H?1723, filed by Falck, Millage of Scott, Carroll of Poweshiek, and Jager of Black Hawk from the floor and moved its adoption: H-1797 1 Amend the amendment, H-1723, to House File 772, as 2 follows: 3 1. Page 1, by striking lines 6 and 7 and 4 inserting the following: "involve public and private 5 sector participation."" 6 2. Page 1, line 11, by striking the word "are" 7 and inserting the following: "involve public and 8 private sector participation."" 9 3. By striking page 1, line 12. Amendment H-1797 was adopted. On motion by Falck of Fayette amendment H?1723, as amended, was adopted. The House resumed consideration of amendment H-1768A found on page 1622 of the House Journal, previously deferred. Warnstadt of Woodbury asked and received unanimous consent to withdraw amendment H-1768A. Thomas of Clayton offered the following amendment H?1758 filed by him and Falck of Fayette from the floor and moved its adoption: H-1758 1 Amend House File 772 as follows: 2 1. Page 6, by striking line 27 and inserting the 3 following: 4 "FY 1999-2000 $ 2,000,000" 5 2. Page 7, by inserting after line 14 the 6 following: 7 "DEPARTMENT OF HUMAN RIGHTS 8 Sec. ___. There is appropriated from the rebuild 9 Iowa infrastructure fund to the department of human 10 rights, division of criminal and juvenile justice 11 planning, for the fiscal biennium beginning July 1, 12 1999, and ending June 30, 2001, the following amounts, 13 or so much thereof as is necessary, to be used for the 14 purpose designated: 15 For deposit in the local corrections infrastructure 16 revolving fund established in section 905A.1: 17 FY 1999-2000 $ 1,500,000 18 FY 2000-2001 $ 0" 19 3. Page 27, by inserting after line 34 the 20 following: 21 "Sec. ___. NEW SECTION. 905A.1 LOCAL CORRECTIONS 22 INFRASTRUCTURE REVOLVING FUND. 23 1. A local corrections infrastructure revolving 24 fund is created in the office of the treasurer of 25 state to provide loans or loan guarantees to eligible 26 recipients for the purposes provided in this section. 27 The fund is under the authority of the division of 28 criminal and juvenile justice planning of the 29 department of human rights. The division shall adopt 30 rules pursuant to chapter 17A as necessary to 31 administer the revolving fund and to establish 32 criteria for providing loans or loan guarantees from 33 the fund. In establishing criteria, the division 34 shall give preference to cities or counties willing to 35 provide a local match for moneys provided from the 36 revolving fund. Notwithstanding section 8.33, moneys 37 in the fund at the end of a fiscal year shall not 38 revert to any other fund or to the general fund of the 39 state but shall remain in the revolving fund. The 40 fund shall consist of all appropriations, grants, or 41 gifts received by the division specifically for use as 42 provided by this section and all repayments of loans 43 made under this section. 44 2. A loan or loan guarantee authorized by this 45 section shall be utilized for any or all of the 46 following projects which meet the definition of 47 "vertical infrastructure" in section 8.57, subsection 48 5, paragraph "c": 49 a. A county jail. 50 b. A regional or multicounty jail. Page 2 1 3. For purposes of this section, "eligible 2 recipients" means a city or county which expends funds 3 for incarceration or supervision of individuals 4 charged with or convicted of a felony, an aggravated 5 misdemeanor, or a serious misdemeanor, or one or more 6 cities or counties as described in this subsection 7 within a judicial election district as described in 8 section 602.6109." 9 4. By renumbering as necessary. Amendment H?1758 lost. Kuhn of Floyd offered the following amendment H?1801 filed by Kuhn, Klemme of Plymouth, Kreiman of Davis and Bradley of Clinton from the floor and moved its adoption: H-1801 1 Amend House File 772 as follows: 2 1. Page 15, by inserting after line 26 the 3 following: 4 "a. On or after February 1, 2000, a retail dealer 5 shall not offer for sale in this state a motor vehicle 6 fuel that contains more than two percent of methyl 7 tertiary butyl ether as provided by rules adopted by 8 the department. The department shall adopt rules 9 necessary in order to ensure that methyl tertiary 10 butyl ether does not cause a threat to the public 11 health or environment by contaminating groundwater or 12 surface water in this state. 13 b. The legislative council is requested to 14 establish an interim committee to study issues 15 relating to the sale, use, and health and 16 environmental effects of oxygenate enhancers contained 17 in motor vehicle fuel, including but not limited to 18 ethanol and methyl tertiary butyl ether. The interim 19 committee shall report the findings and 20 recommendations of its study, including any proposed 21 legislation, to the general assembly as required by 22 the legislative council prior to the 2000 Session of 23 the Seventy-eighth General Assembly. 24 c. At sites where groundwater or soil monitoring 25 is required, pursuant to section 455B.474, subsection 26 1, paragraph "d", "f", or "h", the department of 27 natural resources shall require that monitoring 28 include testing for the presence of methyl tertiary 29 butyl ether from the locations where other sample 30 analyses are required. The department shall provide 31 regular updates to the interim committee established 32 in paragraph "b" as required by the interim committee. 33 The department shall report the findings and 34 recommendations of the testing to the general assembly 35 prior to the 2000 Session of the Seventy-eighth 36 General Assembly." Amendment H?1801 was adopted. Sukup of Franklin moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 772) The ayes were, 84: Alons Arnold Barry Baudler Bell Blodgett Boddicker Bradley Brauns Bukta Carroll Cataldo Chiodo Cohoon Connors Cormack Davis Dolecheck Dotzler Drake Eddie Falck Foege Ford Frevert Gipp Greiner Grundberg Hahn Hansen Heaton Hoffman Holmes Holveck Horbach Houser Huseman Huser Jacobs Jager Jenkins Jochum Johnson Kettering Klemme Kreiman Kuhn Larkin Larson Lord Martin Mascher May Mertz Metcalf Millage Mundie Murphy Myers Nelson O'Brien Osterhaus Raecker Rants Rayhons Reynolds Richardson Scherrman Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Weidman Welter Wise Witt Mr. Speaker Corbett The nays were, 10: Brunkhorst Dix Drees Fallon Garman Parmenter Schrader Shoultz Warnstadt Whitead Absent or not voting, 6: Boal Boggess Burnett Chapman Doderer Weigel The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Speaker pro tempore Rants asked and received unanimous consent that House File 772 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 22, 1999, passed the following bill in which the concurrence of the Senate was asked: House File 199, a bill for an act relating to the taxation of aircraft under the state sales, services, and use taxes. Also: That the Senate has on April 22, 1999, amended and passed the following bill in which the concurrence of the House is asked: House File 675, a bill for an act relating to schools and school districts by affecting boiler and steam vessel maintenance and monitoring, the regular school calendar, superintendent licensure and qualifications, and school breakfast programming. Also: That the Senate has on April 22, 1999, amended and passed the following bill in which the concurrence of the House is asked: House File 766, a bill for an act relating to the national board certification awards, establishing a national board certification pilot project, and requiring studies by the department of education. Also: That the Senate has on April 22, 1999, passed the following bill in which the concurrence of the House is asked: Senate File 459, a bill for an act relating to state school aid for budget years commencing with the budget year beginning July 1, 1999, and making appropriations and including effective and applicability date provisions. Also: That the Senate has on April 22, 1999, amended the House amendment, concurred in the House amendment as amended, and passed the following bill in which the concurrence of the House is asked: 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. MICHAEL E. MARSHALL, Secretary Unfinished Business Calendar House File 733, a bill for an act relating to the new investment tax credit under the new jobs and income program, was taken up for consideration. Jenkins of Black Hawk offered the following amendment H?1799 filed by him from the floor and moved its adoption: H-1799 1 Amend House File 733 as follows: 2 1. Page 2, by inserting after line 20 the 3 following: 4 "Sec. ___. Section 15E.196, Code 1999, is amended 5 by adding the following new subsection: 6 NEW SUBSECTION. 6. Insurance premium tax credit, 7 as provided in section 15.333A. 8 Sec. ___. The legislative council is requested to 9 establish an enterprise zone interim study committee 10 to consider all of the following issues regarding the 11 enterprise zone program established in division XVIII 12 of chapter 15E: 13 1. Eligibility criteria under the enterprise zone 14 program. 15 2. The movement of existing businesses into 16 enterprise zones. 17 3. The establishment of additional enterprise 18 zones. 19 4. The current overall performance and 20 effectiveness of the enterprise zone program." 21 2. Title page, by striking lines 1 and 2 and 22 inserting the following: "An Act relating to economic 23 development tax credits by amending the new investment 24 tax credit under the new jobs and income program, 25 amending the incentives and assistance under the 26 enterprise zone program, and requesting an enterprise 27 zone interim study committee." 28 3. By renumbering as necessary. Amendment H?1799 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?" (H.F. 733) The ayes were, 91: Alons Arnold Barry Baudler Bell Blodgett Boddicker Bradley Brauns Brunkhorst Bukta Carroll Cataldo Chiodo Cohoon Connors Cormack Davis Dix Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Garman Gipp Greiner Grundberg 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 Shoultz Siegrist Stevens Sukup Sunderbruch Taylor Teig Thomas Thomson Tyrrell Van Engelenhoven Van Fossen Warnstadt Weidman Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 1: Fallon Absent or not voting, 8: Boal Boggess Burnett Chapman Doderer Hahn Millage Weigel 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 House File 733 be immediately messaged to the Senate. RULE 57 SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent to suspend Rule 57, relating to committee notice and agenda for a meeting of the committee on state government immediately upon adjournment. EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on April 21, 1999. Had I been present, I would have voted "aye" on House File 769. CATALDO of Polk I was necessarily absent from the House chamber on April 22, 1999. Had I been present, I would have voted "aye" on House Files 521, 755, 757 and Senate Files 305 and 308. CHIODO of Polk I was necessarily absent from the House chamber on April 22, 1999. Had I been present, I would have voted "aye" on Senate File 137. HANSEN of Pottawattamie 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 22nd day of April, 1999: House Files 386, 501, 676, 705 and 745. 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 21, 1999, he approved and transmitted to the Secretary of State the following bills: House File 313, an act creating the new criminal offense of disarming a peace officer of a dangerous weapon. House File 659, an act establishing the crime of identity theft and providing penalties. Senate File 277, an act relating to hospital clinical privileges of a physician assistant or advanced registered nurse practitioner. Also: That on April 22, 1999, he approved and transmitted to the Secretary of State the following bills: House File 293, an act providing for the administration of assessments collected by the Iowa sheep and wool promotion board. House File 741, an act relating to the authorization requirements for psychiatric medical institutions for children and providing an effective date. Senate File 51, an act authorizing a county conservation board to cooperate with private, not-for-profit organizations to carry out conservation and recreation programs. Senate File 106, an act providing for accessibility requirements for church buildings and providing an effective date. PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Forty-five sixth grade students from Manson-North West Webster, accompanied by Kevin Henrichs. By Cormack of Webster and Mundie of Webster. 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\780 Matt Wartick, Dubuque - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1999\781 Agnes and Glen Miller, Menlo - For celebrating their 50th wedding anniversary. 1999\782 Phyllis and Norbert Tigges, Dexter - For celebrating their 50th wedding anniversary. 1999\783 Carrie Sparling, Adair - For celebrating her 102nd birthday. 1999\784 William Nagle, Grinnell - For celebrating his 90th birthday. 1999\785 Bill Martin, Grinnell - For celebrating his 89th birthday. 1999\786 Dean McWilliams, Deep River - For being a 50 year member of the Masons. 1999\787 Dale McWilliams, Deep River - For being a 50 year member of the Masons. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 263 Ways and Means: Drake, Chair; Houser and Kuhn. House Study Bill 264 Ways and Means: Van Fossen, Chair; Drake and Shoultz. COMMITTEE RECOMMENDATIONS MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendations have been received and are on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON APPROPRIATIONS Senate File 76, a bill for an act relating to the administration of the state department of transportation by allowing the reversion of operating funds for training and technology, making a standing appropriation, and providing for the nonreversion of certain railroad funds. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-1780 April 21, 1999. Senate File 101, a bill for an act relating to the offense of promoting or possessing contraband in prisons and juvenile facilities and establishing penalties. Fiscal Note is not required. Recommended Do Pass April 21, 1999. Committee Bill (Formerly House File 533), providing for an emergency assistance linked deposit program for swine or cattle producers, and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass April 21, 1999. COMMITTEE ON WAYS AND MEANS Senate File 445, a bill for an act relating to gambling, by imposing a moratorium on the issuance or transfer of certain gambling licenses and on increasing the number of games and machines, authorizing the use of video slot machines, providing for the transfer of collective bargaining agreements, limiting the location of excursion gambling boats and pari-mutuel racetracks, prohibiting the dispensing of cash or credit on certain gambling premises, imposing a scheduled fine for gambling by persons under twenty-one years of age, limiting civil penalties related to violations of legal age for gambling, providing for the disposition of charitable contributions, nullifying certain administrative rules relating to gambling, rescinding the nine-year period of operation for certain licenses, providing a tax rate for gambling receipts at racetrack enclosures, providing for properly related matters, and providing effective dates. Fiscal Note is required. Recommended Amend and Do Pass April 21, 1999. AMENDMENTS FILED H-1762 H.F. 746 Senate Amendment H-1780 S.F. 76 Committee on Appropriations H-1784 H.F. 688 Senate Amendment H-1789 S.F. 76 Taylor of Linn Cormack of Webster H-1790 S.F. 462 Myers of Johnson Houser of Pottawattamie H-1791 H.F. 322 Senate Amendment H-1792 H.F. 746 Schrader of Marion Mertz of Kossuth H-1795 S.F. 445 Committee on Ways and Means H-1796 H.F. 746 Greiner of Washington H-1800 S.F. 445 Siegrist of Pottawattamie Murphy of Dubuque Wise of Lee Holmes of Scott Thomas of Clayton Barry of Harrison Mertz of Kossuth Bradley of Clinton Hansen of Pottawattamie H-1802 H.F. 675 Senate Amendment H-1803 S.F. 464 Senate Amendment H-1804 H.F. 766 Senate Amendment On motion by Siegrist of Pottawattamie the House adjourned at 8:35 p.m., until 9:00 a.m., Friday, April 23, 1999. 1606 JOURNAL OF THE HOUSE 102nd Day 102nd Day THURSDAY, APRIL 22, 1999 1607
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